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HomeMy WebLinkAboutAgenda Council Agenda 100198All 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 OCTOBER 1, 1998 7:30 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilman Eric Jablin C uncilman David Clark and Councilman Carl Sabatello. M. ANNOUNCEMENTS: Monday, October 5, 1998, 7:00 P.M., City Council Workshop Meeting, Weiss Training Center Tuesday, October 6, 1998, 7:00 P.M., City Council Joint Workshop Meeting With Recreation Advisory Board. IV. CITY MANAGER REPORT: 1. Construction Manager's Report V. PRESENTATIONS: 1. Canal Report VI. AWARDING OF BIDS: VII. ITEMS BY MAYOR AND COUNCIL: , VIII. COMMENT'S FROM THE PUBLIC: (For Items Not on the Agenda) (Please submit request card to_Clerk prior to thi's Item) IX. CONSENT AGENDA: 1. Consideration of Approval of utes of the 9, /1.7/98 City Council Regular Meeting. 2. Proclaiming 10/23 -31/98 as National Red ribbon Celebration Week �� (j3' Resolution 94, 1998, Consideration'of Approv 1 of the P y(wand Classification Plan for the 1998/1999 Fiscal Year. 9 Q�Wv JV 4. Resolution 104, 1998 - Consideration of Appointment of a Medical Director. X. PUBLIC HEARINGS: XI. RESOLUTIONS: Res lution 9 , 1998 - Consideration of Approval of a Contract for a City ngineer for the 1998/1999 cc.� Fiscal Year. G, Resolution 105, 1998 - Consideration o Approval of Appointment of 3 Members to the Art Advisory ` ��� Committee. X11. QRDINAPjCES: (For Consideration of First Reading) ° Ordinan 21, 1998 - Providing for Rezoning of 2,304.79 Acres of Land IAcsted 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 Suppport Facilities, 105,000 Square Feet of Office Use, 15,000 Square Feet of Commercial Use, 10,000 Square Feet of Cl? Community Facility use and 5,000 Square Feet of Sales Center Use. (Workshop/Consideration of First Reading) "L ITEMS FOR COUNCIL ACTION: XIV. Ordinance 6, 1998 - Providing for Amendment of Article IV of Chapter 2 of the City Code of ,Ordinances Entitled "Code Enforcement" By Providing for Code Enforcement Proceedings to @A be Conducted by a Special Master. 2. Expectations of Code Revisions — 'iZO -4a �E- , 3. Lake Park Deannexation Request XV. CITY ATTORNEY REPORT: XVI. ADJOURNMENT. Wo In accordance with the Americans with Disabilities Acct and Florida Statute 36.26, 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 (487) 7754255 for assistance, if hearing impaired, telephone the Florida Relay Service Numbers (S89) 9554771(TRD) er (800) 955 -l70 (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 recorl 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 vi,doncelupon hic tR be base CITY. OF PALM BEACH GARDENS. . 10100 N. MILITARY TRAIL PALM BEACH GARDENS. FLORIDA 334104698 '. t 2'6 MEMORANDUM TO: Bobbie Herakovich, City Manager FROM: Bob Patty, Director of Public Works V:6? DATE: September 28, 1998 RE: Canal Report The Public Works Department has attempted to maintain a five -year drainage schedule put together by this Department. Due to budget constraints and resident concerns about how this work would be completed, the schedule has suffered severely. At this time the Department is approximately 6 to 8 months behind schedule and the City has still not resolved how this work will be completed. Most canals in the City are forty plus years old. In the past, only mechanical removal of aquatic vegetation was performed. Some of the original canal maintenance easement no longer exists due to erosion or resident encroachment. These two important issues must be addressed prior to work being completed in the Thompson and Earmin Rivers. Most waterways in the City are severely silted from years of decaying vegetation and canal bank erosion. To repair these waterways there are two options: Pump dredging or dragline /mechanical removal of silt and sand. I will attempt to address the pros and cons of both procedures: Pump Dredging: This procedure is used more along coastal waters to remove silting and shifting sand in inlets and intercoastal waterways. The procedure is very effective and material is pumped from the silted area to a location where the material can be utilized to fill beaches and low lying areas. The material can also be pumped to a reservoir and held until it dries enough to haul with trucks to other sites. Although this procedure does not require a hard surface maintenance easement due to the use of a floating barge to accommodate the pump, there are two problems with T == it that need to be addressed. The first problem is the additional eroding along the canal banks. Most residents along the Thompson River have complained about the canal bank - eroding and the loss of their back yards. Some residents have lost fences or trees located near this easement due to the erosion. If the City chooses to pump dredge this river, it will exacerbate the bank problem. The residents will lose more of their back yards when the earth along the bank falls into the deepened canal when the silt and sand is removed from the center of the waterway. The second problem with the pump dredging procedure is that you must have a large area to pump the material and water to, and you must retain the material until it dries out before it can be removed to a new site. Although the distance may not be a problem, the pump dredging procedure is very messy at the receiving end of this operation. At this time, I do not feel that pump dredging is the answer to most of the City's canal problems. Dragline/Equipment removal: This procedure involves the erection of a platform to accept the dragline or hydraulic excavator in areas where the bank has eroded away. The Public Works Department has budgeted for a bulldozer in the October 1998 budget to accomplish the construction of this platform. The working platform is a twenty -foot wide continuous platform placed approximately two to three feet above the water level along one or both sides of the canal. The platform reestablishes the canal easement and gives back the City's access to perform annual maintenance with equipment on these essential waterways. The platform restores the resident's backyards and gives them back land that may have been lost with the erosion of the bank. The platform also acts as an additional water retention area for more capacity when the water levels rise above the platform elevation, hence reducing the threat of flooding or the canal cresting the banks of the river. South Florida Water Management District and most water control districts utilize these platforms in most canal areas throughout the State. The platform aesthetically brings a much cleaner look and makes it much easier to mow and maintain on a monthly basis. It also helps reduce the threat of debris and vegetation clogging the system by removing the exotics and other vegetation to build the platform. Although this platform system sounds like the only way to accomplish our drainage problems, there are questions by residents that need to be addressed. Some residents (not many) have placed docks, without permits, in the canal along the bank. If the platform were installed on their side of the canal, the docks would need to be removed permanently. A few residents have placed fences or fruit trees along the canal maintenance easement. Some do not even realize where their property line ends and they believe this easement is part of their yard. If the platform is installed, the fences would have to be moved to the property line and the trees and vegetation would need to be relocated by the owner or removed by the City. A number of residents enjoy the privacy the vegetation along the canals provides. 4-he only way.this privacy can be maintained is if the owners place fences, trees or bushes along their property line. The City recently repaired or restored 40 to 50 percent of the canal easements to their original platform configuration. In the past three years these platform areas have performed far above their expected functions and have been maintained with little or no effort by the Public Works Department. By utilizing the platform procedure, the City could help keep the repair costs down by performing 50 to 60 percent of the work with City equipment and employees. The remainder of the needed work could be done with a dragline contractor. Although there are problems with both procedures, the mechanical removal with platform access is the procedure that the Public Works Department is recommending. If the pump dredging procedure is utilized, the cost would be considerably higher due to having to contract 100 percent of the repairs to outside contractors. Even after the work was completed, the Public Works Department would not be able to perform preventative maintenance on these pump dredged canals due to restricted access. I believe issues with the residents and homeowners associations can be worked out to accomplish the needed work. The Council and the City Administration must remember that the most important decision in the canal policy is the health and safety issues regarding the water bodies and flooding. If the City plans to continue protecting homes against flooding, these issues must be resolved before the next storm event. As always, I will make myself available at the next Council agenda to discuss these matters. cc: Len Lindahl, City Engineer Beth Ingold -Love, Public Information Officer file CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING SEPTEMBER 17, 1998 The September 17, 1998, 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, Vice Mayor Lauren Furtado, Councilman Eric Jablin and Councilman Carl Sabatello. Councilman David Clark was absent from the meeting. ANNOUNCEMENTS Mayor Russo stated the announcements were as posted. CITY MANAGER REPORT City Manager Herakovich announced that $66,674 had been received from the City's Annual Auction. The City Manager announced that the County Commissioners had determined to go forward with a March 9, 1999 county -wide referendum for park acquisition which could include the City's option to purchase land for a district park The City Manager explained that the Department of Environmental Resource Management would be identifying additional lands to be included in the next Environmentally Sensitive Lands program, some of which might be within the City. City Manager Herakovich announced 122 applications for the position of Assistant City Manager had been received and reported interviews for the final 6-8 candidates would be held later this month. The City Manager announced that the Palm Beach Municipal League would be holding their regular meeting on September 23, 1998 at Greenacres City Hall with discussion regarding the Florida Constitution revisions, and they would also hold a joint meeting with the School Board, Municipal League Board, and the Board of County Commissioners on November 30 from 3 -5 p.m. `t a The City Manager reported work on Golf Digest was progressing and the petitioner would like to schedule first reading October 1 with second reading on October 15, which would require advertising before the first reading.. Mayor Russo requested as a condition of approval that a letter of agreement with Golf Digest be provided by CITY COUNCIL REGULAR MEETING, 9/17/98 2 the applicant. It was the consensus of the City Council to go forward with first and second readings as requested so long as all conditions were met. PUBLIC HEARING FY 1998/99 BUDGET Mayor Russo declared the Public Hearing open, which was duly advertised 9/2/98 and held on the intent of Resolution 102, 1998 - Levying a Tax of 3.7265 Mills on Non - Exempt Real and Personal Property Located within the Corporate Limits of Said City for the Year Ending December 31, 1998; and Ordinance 18, 1998 - Affixing a total Valuation of the Real and Personal Property located Within the Corporate Limits of the City of Palm Beach Gardens, Florida, for the year Ending 12/31/98; Establishing a Tax Rate Thereon for Said Year; Levying a Tax on Said Real and Personal Property for Said Year; Adopting a Fiscal Year Budget for the Fiscal Year Beginning on 10/1/98 and Ending on 9/30/99, Inclusive; Appropriating Funds for Expenditures in Accordance with Said Budget. Finance Director Kent Olson announced the proposed millage rate of 3.7265 mills was a 0.0 percent increase over the rolled back rate of 3.7265 mills. Hearing no comments from the public, Mayor Russo declared the Public Hearing closed. PRESENTATION ITEMS BY MAYOR AND COUNCIL Vice Mayor Furtado Vice Mayor Furtado made a motion, seconded by Councilman Jablin, to approve Resolution 102, 1998, levying a tax of 3.7265 mills for the year 1998 -1999 for the City of Palm Beach Gardens. The motion carried by unanimous 4-0 vote. Vice Mayor Furtado made a motion, seconded Councilman Jablin, to place Ordinance 18, 1998, on second and final reading by title only. The motion carried by unanimous 4-0 vote. The City Clerk read Ordinance 18, 1998 on first reading by title only. Golden Bear Plaza was awarded the City's Beautification & Environmental Award. Vice Mayor Furtado complimented the Recreation Department on the brochure listing Middle School Programs. Vice Mayor Furtado suggested small businesses adopting a school to raise money to prevent school children going door to door selling items. Councilman Jablin reported that the Education Advisory Board had an ad hoc committee which was working to get a participatory CITY COUNCIL REGULAR MEETING, 9/17/98 3 program started with businesses. Councilman Jablin commented he would bring a brochure and make a report at the next meeting. Councilman Sabatello Councilman Sabatello reported that qualified applicants for the Planning and Zoning Commission were being sought. Councilman Jablin Councilman Jablin announced the Education Advisory Board also needed qualified applicants. Mayor Russo Mayor Russo reported a meeting had been held with MacArthur Foundation land representatives, representatives of the real estate broker who was handling sale of their land, County Commissioner Marcus, and representatives of most of the North County municipalities. The Foundation presented an outline of how the Wes would be accomplished, reported their package was on the street, that bids would be due October 28, and a decision would be made as soon as possible after that. The Foundation's board would make their decision based on what was best for the Foundation, but agreed to do their best not to injure the cities. Mayor Russo reported he had attended the Police Awards Breakfast and requested all of the City Council members attend next year. Mayor Russo requested the City Council members pick up their packets at City Hall. Mayor Russo reported he and Councilman Sabatello had attended the PAL Golf Tournament. Mayor Russo ;... :;c.= reported he had participated in a mock quasi judicial hearing and urged other council members to participate in similar meetings. The Mayor discussed the adult entertainment zoning required by State law to have a site for every 6,000 residents, and suggested discussions with the County to handle this issue on a county -wide basis. Councilman Jablin Councilman Jablin discussed a large billboard which was in the process of being erected on Northlake Boulevard. City Attorney Aeon reported that a relocation settlement between the County and the billboard company had resulted in placement of this billboard and another on U.S. One, and relocation of the billboard next to Checkers on Northlake Boulevard. The City Attorney explained that his office was actively working on this issue; however, the City had no control as long as the billboards were on County land. The Vice Mayor requested information regarding am mfion of enclaves. Mayor Russo commented that the proper way to handle the issue was to contact Commissioner Marcus. t CITY COUNCIL REGULAR MEETING, 9/17/98 4 CONSENT AGENDA Councilman Jablin made a motion, seconded by Vice Mayor Furtado to approve the Consent Agenda with items 2 and 4 pulled. The motion carried by unanimous vote of 4 -0. The following items were approved on the Consent Agenda: 1. Approval of 9/3/98 City Council Regular Meeting Minutes. 3. Resolution 100, 1998 - Consideration of Approval of an Agreement Between the City and Shady Lakes Homeowners Association for Maintaining Shady Lakes Drive Mowing and Landscaping. Sue Miller, Parks and Recreation Director, reviewed the job responsibilities for tennis professional, item 2 pulled from the Consent Agenda - Resolution 96, 1998 - Consideration of Approval of a Contract for a Tennis Professional for the 1998/1999 Fiscal Year. Mayor Russo requested that the Parks and Recreation Director consult with PBG YAA regarding bringing in additional coaching services to better train children in sports. Councilman Jablin made a motion, seconded by Vice Mayor Furtado to approve the Resolution 96, 1998. The motion carried by unanimous vote of 4-0. Vice Mayor Furtado expressed her agreement with Resolution 103, 1998 - Consideration of Approval Urging the Florida Legislature to Provide School Districts that Utilize Pro- Active Measures in the Design, Construction and Remodeling of Local Schools for Enhancement of Safety Concerns, which had been pulled from the Consent Agenda. The Vice Mayor requested a second resolution to support utilizing a prototype plan for schools with language to be formulated by the Education Advisory Board, in order to save money spent on design every time a school was constructed. Vice Mayor Furtado made a motion, seconded by Councilman Jablin to approve Resolution 103, 1998. The motion carried by unanimous vote of 4-0. PUBLIC HEARINGS: Ordinance 17, 1998 Mayor Russo declared the Public Hearing open, which was duly advertised 9/2/98 and held on the intent of Ordinance 17, 1998, providing for Adoption of Section 2 -294 of the City Code of Ordinances, Establishing a Dollar Amount Threshold for Seeking Competitive Sealed Bids or Proposals. Hearing no comments from the public, Mayor Russo declared the Public Hearing closed. �`'� Vice Mayor Furtado made a motion, seconded by Councilman CITY COUNCIL REGULAR MEETING, 9/17/98 RESOLUTIONS 5 Jablin, to adopt Ordinance 17, 1998 providing for a Bid Threshold of $10,000, on Second Reading by title only. The motion carried by unanimous 4 -0 vote.. The City Clerk read Ordinance 18, 1998 on second reading by title only. Resolution 99, 1998 Councilman Jablin made a motion, seconded by Vice Mayor Furtado, to adopt Resolution 99, 1998 - Consideration of Approval of Establishment of a Palm Beach Gardens Neighborhood Program. Motion carried by unanimous 4 -0 vote. ORDINANCES Ordinance 13, 1998 Principal Planner Marty Minor discussed proposed changes to noise standards concerning golf courses, sanitation trucks, and construction times. W. Mmor recommended changing the 10 p.m. closing time for construction to 8 p.m. before second reading. Staff was requested to look at the possibility of uniformity in starting times. Councilman Jablin made a motion, seconded by Vice Mayor Furtado, to place Ordinance 13, 1998 - Providing for Amendment of Chapter 34 of the Code of Ordinances Entitled "Environment" by Amendment All Sections of Article TH. Entitled "Noise" on first reading by title only. Motion carried by unanimous 4-0 vote. The City Clerk read Ordinance 13, 1998 on first reading by title only. Ordinance 19, 1998 City Forester Mark Hendrickson presented the project for 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 Amendment of the Landscape Plan, Building Exterior Colors and Wail Sign Colors. After review of the landscape plans and the color requests, direction was given to the applicant to subdue the hibiscus color, to replace the blue with one of the colors in the building- - pos'bly the patina, to make the lower band the dark color shown in the first rendering, to leave the cupola color the same with no stripes and to make the domes a solid color matching the roof color. Councilman Jablin made a motion, seconded by Councilman Sabatello, to place Ordinance 19, 1998 on first reading by title only. Motion carried by unanimous 4-0 vote. The City Clerk read Ordinance 19, 1998 on first reading by title only. i �.+ -.' ' �•F.. -. it . CITY COUNCIL REGULAR MEETING, 9/17/98 Ordinance 19, 1998 on first reading by title only. ITEMS FOR COUNCIL ACTION Municipal Complex Irrigation Architect Kevin Ratigan, with Architects Design Group, reviewed the proposed change order to change the 6" main supply lines to the irrigation system coming from a single pumping station to an 8" line with a connection for a future second pumping station. Councilman Jablin made a motion, seconded by Vice Mayor Furtado, to authorize the City Manager to institute Change Order No. 2 in an amount up to $58,134. Motion carried by unanimous 4- 0 vote. Mayor Russo requested and received clarification from the Recreation Director that the opening date for the tennis courts was now January 15, 1999. Amara Shrine Circus Special Event Request It was reported that no objections had been received as a result of letters sent to the neighbors of the Amara Shrine on RCA Boulevard, as directed by the City Council at the last meeting. Councilman Jablin made a motion, seconded by Vice Mayor Furtado, to approve the Amara Shrine Circus Special Event Request. Motion carried by unanimous 4 -0 vote. ITEMS FOR DISCUSSION Christ Fellowship Church- Growth Management Director Roxanne Manning reviewed a request from Christ Fellowship Church for minor amendments to their original approval, which included shifting of walls in the office area, minor adjustments at the entrance to accommodate traffic, additional landscape materials and berm, and an additional dry detention area. City Engineer Lindahl reviewed the detention area. Resident Joan Altwater expressed concern with traffic exiting the east ingress/egress. Resident Ciro Degasperas requested that this project abide by the conditions established in November 1997 for this project to move forward. Alan Ciklin, Attorney for the applicant, verified that the applicant agreed to the changes. Vice Mayor Furtado made a motion, seconded by Councilman Jablin, to direct staff to continue work on administrative approval for the amendments presented. Motion carried by unanimous 4 -0 vote. CITY ATTORNEY REPORT City Attorney David Acton discussed concurrency and what the CITY COUNCIL REGULAR MEETING, 9/17/98 7 City Council could or could not do under current law; and explained that the intent of the law was to make concurrency a school district wide effort by preventing a county or single municipality from adopting any form of school concurrency. The City Attorney explained that a single city could work with the school district to develop a program, and could enter into interlocal agreements with the school district and/or other municipalities, but could not prevent a developer from developing a project because the school district did not have a school in their plan for that area. City Attorney Acton reviewed new language required to be placed into the Comprehensive Plan element for concurrency. The City Council discussed holding a joint meeting with the School Board. Councilman Jablin agreed to try to set up the meeting and to provide information to the City Council regarding school capacity before the meeting. It was agreed that the Education Advisory Board could attend the joint meeting as observers. City Attorney Acton reported that a recent land use decision in the Alexander case involving Jupiter would be a good precedent for the City since the decision reconfirmed the city's authority in land use decisions. CITY COUNCIL REGULAR MEETING, 9/17/98 8 ADJOURNMENT There being no further business to discuss, upon motion by Vice Mayor Furtado, seconded by Councilman Jablin, the meeting was adjourned at 10:39 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. KOSTFR, CMC, CITY CLERK PROCLAMATION WHEREAS, tobacco, alcohol, and other drug abuse remain prevalent in Palm Beach County; WHEREAS, Residents must turn their energies toward strengthening families, neighborhoods, and communities and toward educating people about prevention because data shows that prevention works; WHEREAS, our continued commitment to education, prevention and building positive lifestyles is imperative; WHEREAS, the 1998 Palm Beach County Red Ribbon Celebration focuses on the importance of strengthening parent/community networks by creating an envirom»ent in which our youth may live healthy, safe lives; and WHEREAS, during this celebration, we honor the law enforcement officers in whose memory we use the symbol of the red ribbon, we look to the strength of a unified community in restoring the peace and order which has suffered with the influx of illegal drugs, and that we support the efforts of our communities to create healthy and safe neighborhoods. 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 October 23 through October 31, 1998, as NATIONAL RED RIBBON CELEBRATION WEEK in the City of Palm Beach Gardens, and encourage every citizen to wear a red ribbon and all businesses, media, and public and private institutions to display Red Ribbons to symbolize our commitment to establishing a healthy and safe community for our citizens, especially our children, and to participate in events throughout the celebration that support positive lifestyles. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 1 • day of October, in the Year of our Lord, Nineteen Hundred and Ninety- eight. ATTEST: LINDA V. KOSIER, CMC, CITY CLERK �5 t - -7 JOSEPH R. RUSSO, MAYOR 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: COUNCILMAN RUSSO COUNCILWOMAN FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO AYE NAY ABSENT RESOLUTION 104 , 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPOINTING AN EMS MEDICAL DIRECTOR AND APPROVING A CONTRACT FOR SAME; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Sectionl. The City Council Nearby appoints Michael J. Zappa, M.D. as EMS Medical Director for the fiscal year 1998/1999 and approves a contract for same, attached hereto as Exhibit "A ". Section 2. This Resolution shall become effective upon date of passage. INTRODUCED, PASSED AND ADOPTED THIS DAY OF October, 1998. ATTEST: LINDA V. KOSIER, CMC, CITY CLERK MAYOR JOSEPH R. RUSSO, APPROVED AS TO LEGAL FORM AND SUFFICIENCY. BY: CITY ATTORNEY AGREEMENT This constitutes the agreement between the City of Palm Beach Gardens (City) and Michael J. Zappa, M.D. (Physician) effective October 1, 1998. A) RECITALS WHEREAS, the City, in accordance with Florida Statutes operates an Emergency Medical Services System which includes advance life support. WHEREAS, the Physician is duly licensed to practice medicine and is qualified to be the Medical Director of an advanced life support provider in accordance with Florida Statutes. WHEREAS, the City desires Physician to serve as Medical Director of Emergency Medical Services, both parties agree to the following: B) RIGHTS AND RESPONSIBILITIES OF PHYSICIAN Physician shall be the sole Medical Director of Emergency Medical Services for the City. Physician may designate another qualified doctor (as per Florida Statutes) to serve as acting Medical Director in periods of his absence. City will be notified in advance of such periods. 2. Physician or his designee will be available 24 hours a day by telecommunications. Physician shall comply with all state and HRS regulations regarding medical directions and advanced life support services. 4. Physician shall participate on an EMS vehicle as a crew member for at least 4 hours per month. 5. Physician solely maintains the right to set all standards and protocols regarding patient care including but not limited to determination of any employee's eligibility to perform patient care. 6. Physician shall oversee and provide medical direction for the paramedics, EMTs and lifeguards working for the City. 7. Physician shall develop and review standing orders and protocols. 8. Physician shall review transport policies (including trauma) to assure patients are optimally triaged. 9. Physician shall assist with the continuing medical education of personnel under his supervision and will assist with the development and implementation of quality assurance system. 10. Physician will help in the development and implementation of a patient care quality assurance system. 11. Physician retains the right to practice outside the scope of this agreement. C) RIGHTS AND RESPONSIBILITIES OF CITY 1. City shall employ appropriate personnel and have and maintain appropriate equipment to provide optimal Emergency Medical Services as dictated by the State of Florida and the Physician. 2. City shall appoint a Quality Assurance Board comprised of City paramedics to assist Physician in implementation of quality assurance system. 3. City shall provide clerical, administrative, and material support to allow Physician to carry out duties outlined in this document. 4. City shall provide UHF radio for Physician's use. D) LIABILITY 1. Physician shall maintain professional liability insurance in the amount of one million dollars per occurrence and three million dollars per annual aggregate to cover any acts of direct patient care on behalf of the City. 2. City shall maintain liability insurance in the amount of two million dollars (2,000,000.00) per occurrence covering the acts and omissions of its employees to include without limitation all paramedics, emergency medical technicians, life guards, ambulance drivers, attendants, ect. 3. City shall include Physician on its liability insurance "occurrence type" policy to cover all his duties as Medical Director with the exception of his direct patient care. E. COMPENSATION 1. Physician shall be regarded as an independent contractor and will be paid Two Thousand Dollars ($2,000.00) per month, payable within thirty days of the City's receipt of a proper invoice. Should the number of personnel under the Physician's supervision increase by more than thirty percent (30 %), the City will consider but is not obligated to provide for an adjustment in the Physician's compensation. F. TERM 1. The term of this agreement shall be. from October 1, 1998, through September 30, 1999. 2. This agreement may be terminated immediately for breach of any of the covenants contained herein. 3. Either party may terminate this agreement for any reason upon providing 60 days notice to the other party. 4. All notices hereunder shall be in writing and delivered in person, by telecopy or by certified mail, to the following: (a) For the Physician: Michael J. Zappa, M.D. 2139 Driftwood Circle Palm Beach Gardens, FL 33410 (b) For the City: Roberta Herokavich, City Manager City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 PHYSICIAN T 5-nyn, aw � W. 0 POR100-7111'r-No l Z/ 47 Date CITY OF PALM BEACH GARDENS, FLORIDA Roberta Herakovich, City Manager Date RESOLUTION 95, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF A CONTRACT FOR ENGINEERING SERVICES WITH THE FIRM OF LINDAHL, BROWNING, FERRARI AND HELLSTROM, INC., FOR THE FISCAL YEAR 1998/1999; AUTHORi71NG AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City desires to employ an engineering firm to provide engineering. services; and WHFREAS, the City Manager, at the direction of the City Council, han negotiated a- contract for the services of Lennart Lindahl, P.E., of the firm of Lindahl, Browning, Ferrari and Hellstrom, to be the City Engineer. 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 contract for engineering services with the firm of LINDAHL, BROWNING, FERRARI AND HELLSTROM, INC., a copy of which is attached hereto and made a part hereof, for the Fiscal Year 1998/1999. SECTION 2. The Mayor and City Clerk are hereby authorized and directed to execute the contract on behalf of the City. 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.95,1998 PAGE 2OF2 VOTE: COUNCILMAN RUSSO COUNCILWOMAN FURTADO COUNCILMAN JABi M COUNCILMAN CLARK COUNCHIM" SABATELLO AYE NAY ABSENT AGREEMENT FOR PROFESSIONAL ENGINEERING AND SURVEYING SERVICES BETWEEN THE CITY OF PALM BEACH GARDENS AND LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. THIS AGREEMENT is made this , 1998, between the City of Palm Beach Gardens, Florida (hereinafter called the CITY) and Lindahl, Browning, Ferrari and Hellstrom, Inc., (LBFH) (hereinafter called the ENGINEER), a Corporation licensed by the Depa timent of Business and Professional Regulaters to practice professional engineering in the State of Florida. SECTION 1- SCOPE A. ENGINEER shall perform professional engineering services and render consultation to the CITY consistent with the CITY's Mission Statement, Goals and Objectives for the Engineering Department (a copy of which is attached hereto and incorporated herein). B. ENGINFFR shall make its services available to the CITY in a manner satisfactory to the City manager Ard City Council including in-house hours agreed upon between the City Manager and the ENGINEER C. ENGINEER will represent the CITY in engineering matters, as directed by the City Manager. D. ENGINEER shall attend regular, special, or workshop meetings of the City Council and meetings of the CITY Advisory Boards as directed by the City Manager. E. ENGINEER shall make such technical investigations as the City Manager deems necessary and submit its findings and recommendations to the City Manager. F. ENGINEER shall, as requested by the City Manager, review all land development applications submitted to the CITY for compliance and consistency with applicable codes and make such recommendations as are necessary regarding engineering, surveying and other technical matters. G. ENGINEER shall, as directed by the City Manager, review the construction of capital improvements and site improvements by persons or entities other than the CITY. H. ENGINEER shall perform professional engineering services for design, preparation of construction plans and specifications, permitting, bidding and services during construction for capital improvements undertaken by the CITY. I. ENGINEER shall assist CITY in dealing with issues of regulatory/permitting compliance, including occurrences of hazardous waste and pollution of natural resources within the CITY's jurisdiction. J. ENGINEER shall provide support services to the CITY for surveying and mapping, including Geographic Information Systems (GIS). SECTION 2 - TERM; TERMINATION This Agreement shall become effective on the date of execution of this Agreement and continue through September 30, 1999; provided, however that either party may terminate this Agreement at any time, with or without cause, upon sixty (60) days advance written notice to the other party. ENGINEER shall be paid for performance of services rendered to the CITY in accordance with this AGREEMENT through the date of termination. SECTION 3 - COMPENSATION A. CITY shall pay ENGINEER for services rendered under this contract on an hourly basis at a rate not to exceed $130.00 per hour. B. CITY shall compensate ENGINEER for reimbursable expenses including but not limited to printing, photocopies, long distance and cellular telephone calls, facsimile, blueprints, computer utilization, courier services, out of County travel, and outside contractual services. C. ENGINEER shall submit invoices to CITY on a monthly basis and CITY shall pay ENGINEER monthly. SECTION 4 - GENERAL CONSIDERATIONS A. At the request of the CITY, ENGINEER shall supply copies of ENGINEER's original documents prepared pursuant to this Agreement. B. ENGINEER cannot and does not guarantee that proposals, bids, or actual project costs will not vary from ENGINEER's judgement and opinion of possible costs. C. For the term of this agreement, ENGINEER shall carry Professional Liability Insurance in the amount of One Million Dollars ($1,000,000.00). Evidence of said insurance shall be supplied to the City. SECTION 5 - AMENDMENTS A. This Agreement shall only be amended in writing upon execution by the parties. CITY OF PALM BEACH GARDENS FISCAL YEAR 1998/1999 OCTOBER 1, 1998 Engineering MISSION STATEMENT The mission of the Engineering Department is to administer engineering activities and to coordinate with City Staff and City Council for expanding, improving and maintaining the City's infrastructure, providing technical support for quality development within the City; and protecting the environmental quality of the City's natural resources. GOALS AND OBJECTIVES 1. Assist in formulating and implementing the goals, objectives and policies of the City's Comprehensive Plan. 2. Provide technical assistance involving intergovernmental coordination for issues regarding infrastructure, management of natural resources and delivery of services to the public. 3. Provide the planning and project coordination necessary to achieve the capital improvement goals of the City. 4. Maintain various inventories of City maps and data, and to efficiently provide information as needed. 5. Review and approve plans, specifications, cost estimates, and plats for new developments; inspect construction improvements. 6. Coordinate with other governmental agencies regarding necessary permits and documentation for all private development and City projects. 7. Identify, design and provide services during construction for replacement of old and/or inadequate drainage systems. 8. Advise and assist the City with bridge or other structural assessments and repairs. 9. Assist the City in planning for Municipal Complex improvements. 10. Assist Public Works at implementing the annual allocation of pavement replacement and renewal. 11. Coordinate with appropriate regulatory agencies and respond to conditions regarding hazardous waste. - v IN WITNESS VVFHEREOF, the parties hereto have executed this Agreement on the date set forth above. THE CITY OF PALM BEACH GARDENS BY: MAYOR JOSEPH R. RUSSO ATTEST: LINDA V. KOSTFR, CMC, CITY CLERK LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. LENNART E. LINDAHL CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: September 23. 1998 Appointment of Three (3) Members to the Art Advisory Committee Subject/Agenda Item Consider a motion to appoint Caren Hackman, David Porter, and Jeffrey Blakely to the Art Advisory Committee for three years, terms to expire September 21, 2001. Recommendation/Motion: Reviews by: Originating Dept: Costs: $ Council Action: Administne on Total - City Attorney [ ] App Finance $ [ ] Approved w miaiss . Current FY ACM [ ] Denied Advertised: Human Res. Funding Source: [ ] CouiiWiued to: Attachments: Resolution '1998 Other Date: [ ] Operating [ ] Other - List of Current Members Paper. [ X ] Not Required Submitted by: Department Director Affected parties [ X ] Notified Budget Acct.#:: [ ] None Approved by: City Manager [ ] Not required BACKGROUND: Three members terms have expired on the Art Advisory Committee: David Porter, Caren Hackman, and Jeffrey Blakely. These members were sent letters on August 25, 1998 to see if they were interested in being reappointed to the Committee. They have all responded that they would like to be re- appointed to the Art Advisory Committee. Staff recommends that the City Council reappoint David Porter, Caren Hackman and Jeffrey Blakely to the Art Advisory Committee for three (3) years, which terms of office shall expire September 21, 2001. RESOLUTION 105, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE RE- APPOINTMENT OF THREE (3) MEMBERS TO THE ART ADVISORY COMMITTEE OF THE CITY OF PALM BEACH GARDENS; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 106-28 of the Palm Beach Gardens Code of Ordinances provides for the appointment of members to the City of Palm Beach Gardens Art Advisory Committee NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. Pursuant to Section 106 -28 of the Palm Beach Gardens Code of Ordinances, and are hereby re- appointed as regular members of the Art Advisory Committee for three (3) years, which terms of office shall expire September 21, 2001. Section 2. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS ATTEST: LINDA V. KOSIER, CMC, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO DAY OF OCTOBER 1998. JOSEPH R. RUSSO, MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY CITY ATTORNEY AYE NAY ABSENT c ARTS ADVISORY COMUrr'FR 5 Members & 2 Alternates Meet as N m Appointed by City Council Once Per Month Term 3 Years 9/6190 David Porter 694 -0100 Work Da id Porter Associates 95 North Military Trail, Suite 204-D Palm Beach Gardens 33410 11 Kintyre Road 694 -9337 Home Palm Beach Gardens 33418 ren Hackman 622 -4884 Home 4305 Hickory Drive Palm Beach Gardens 33418 J y Blakely 627 -6145 Work 4099 Bruns Road tl Palm Beach Gardens, FL 33408 Sheryl Wood 775 -3424 Home 4487 Hickory Drive 687 -6278 Work Palnn Beach Gardens 33418 Diane Honig 624 -5833 Home 13094 Redon Drive Palm Beach Gardens 33410 Cynthia Grey 626 -2117 Home 257 Cypress Point Drive Palm Beach Gardens 33418 1 Member Appointed by Northern Palm Beaches Chamher of Commerce Howard Ostrout, CEL4HtMA1N 575 -7118 Home 126 South Hampton Drive 743 -3009 Work Jupiter, FL 33458 743 -8034 Fax art.mem 08/12/98 Term Date Expires Appointed 9/21/98 9/6190 9/21/98 12/19/91 9/21/98 1/2192 Alt. 3/17/94Reg. 3/21/99 816/98 Alt 6/6/2000 11120/97 6/6/2000 11/20/97 Permanent 9/21189 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: September 29.1990 Subject/Agenda Item: Workshop /1st Reading - Golf Digest PCD - Ordinance 21, 1998 Recommendation /Motion: Draft Development Order (minus surface water mgt conditions, SUA conditions, Council directives, expected technical revisions to cross - sections) Staff is recommending approval, with 39 conditions. Reviewed by: Originating Dept: Costs: $_0 Council Action: Total City Attorney Planning Division [ ] Approved ACM W $ 0 [ ] Approved W/ conditions . Current FY Other N/A [ ] Denied Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Paper: [ ] Other N/A [ x ] Not Required Staff Report Submitted by: Growth Mgt. Director Affected parties [ ] Notified Budget Acct #: [ ] None Approved by: City Manager [ x ] Not required CITY COUNCIL Petition PCD -96 -01 Golf Digest PCD Meeting Date: October 1, 1998 Workshop /Consideration of First 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 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 Petition PCD -96 -01 Page 2 September 28,1998 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 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. Several waivers from the PCD requirements are being requested: 1) The location and amount of open space included in each residential and nonresidential area; 2) Signage locations; 3) Detailed landscape plans for buffers, entrance features and common areas; 4) Elevations of landscaping/screening around pump stations; 5) Cross- section/landscape plan for road to SUA; 6) Details on the areas between pods (for example the strip of land shown between Pod U and -Pod 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 (RI) pods. Approvals for #1, 2, 3, 4, 5, 6, and 7 will be through subsequent site plans. IL 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 September 28, 1998 TABLE I EXISTING ZONING AND LAND USE DESIGNATIONS & SITE ANAr.vcrc EXISTING USE ZONING LAND USE Subject Property Planned Development Residential Low Vacant Area (PDA) North County AR and PUD County LR1 /2 Eastpointe and Old Marsh South Planned Community DRI/PCD master plan PGA National District (PCD) (mix of uses) East - -- Public Florida's Turnpike West Planned Development Loxahatchee Slough Area (PDA) Conservation CONSISTENCY WITH THE CODE Consistent Code Requirement Proposed Plan Yes Community- Serving Open 58 %, including preserves and Space (20 %) (plus each pod water bodies will be required 20 -35% open space at site plan approval) Yes Min. 250 acres 2,304.79 acres Yes Max. 2 du/ac in TAZ 848 & .87 du/ac max. 5 du/ac in remainder of site Yes up to 5% nonresidential uses Less than 2 %, including golf since more than 10% of site campus uses held in preservation (Policy 1.1.5.1.(a).1) City Council Petition PCD -96 -01 Page 4 September 28, 1998 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 wetlands and 23 acres of uplands are to be restored in the Loxahatchee Slough as mitigation. 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 potential for `averaging' as long as the intent of the parkway system is maintained. The PCD proposal averages the parkway width in several locations. M. ISSUES A. Concurrency The project qualifies for conditional concurrency certification. The buildout date of the project is 2004. Roadway improvements will need to be completed (which are currently in road programs), and the project will need to be phased to these improvements. A surface water management plan that complies with the City's level of service and performance standards and land development regulations must be designedrand constructed. In addition there will be issues with Seacoast Utility Authority regarding their consumptive use permit, and SFW1M 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. City Council Petition PCD -96 -01 Page 5 September 28, 1998 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. Nine waivers from PCD requirements are requested, seven of these are requested to be delayed until subsequent site plan review. Staff is able to recommend approval of these waiver requests, with 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. E. Issues, Questions, Comments Since the last Council workshop the following issues have been addressed and/or remain as concerns: 1) The petitioner and the School District have worked out details relating to the dedication of the 32 -acre site proposed for an elementary and middle school. The property will be dedicated to the School District by early 2000. 2) Palm Beach County had determined that the ultimate cross - section of the through -roads (East-. West Parkway and North -South Parkway) can be designed for a 4 -lane facility (versus 6- lanes), however, they still want the full 120' to be dedicated so that years from now if there is a need 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. City Council Petition PCD -96 -01 Page 6 September 28, 1998 Another concern is the fact that the applicant is only proposing to build 2 lanes 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 treatments based on a 4 -lane cross - section. Staff is left in the position of either requiring surety to be posted (beyond the buildout of the project) for the incomplete landscape 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 the project - they cannot conflict with preserve areas, buffer treatments or parkway enhancements. 4) Both staff and the Planning & Zoning Commission are concerned about the ambitious buildout date of the project. The project's concurrency application was first received in August, 1996. Due to the length of time that has passed, the development schedule must be that more aggressive in order to meet the 2004 buildout. Staff considered whether the buildout date was too optimistic and whether the level of service analyses should be revised. We have determined to put this issue back on the petitioner. They know best the marketing and development schedule that they can meet. There is substantial infrastructure expenditures that will need to be made at the beginning of the project, so they will need to have a comfort level that they can recoup these costs through the sale of homes. Time extensions are never easy_ to 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. Memo to File From: Mark Hendrickson, City Foresterx /6' Subject: PCD- 96 -01, Golf Digest Date: September 17, 1998 I have reviewed the landscape plans and the narratives submitted since September 15, 1998 concerning landscaping provided for the above - referenced project. The following are my comments for the October 15, 1998 City Council meeting: With the latest submital, it is evident that the intent of the PGA Boulevard overlay and parkway guidelines cannot be completely satisfied by averaging distances on either side of the road to accomplish a buffer setback to development from these major roadways. Rather than change the entire Master plan, I recommend the following roadway buffers be applied to the following parcels: Commercial Parcel - 55' wide Parcels P, Q, O, M, N - 90' wide Parcel U, V - 90' wide Sales Center - Due to the anticipated 90' buffers on the north and west sides, I consider the sales center to be temporary, and not a permanent commercial parcel as proposed. I recommend that this area revert back to open space prior to the project's build out. Due to the elevation of ultimate build -out of the road systems and the current requirements of the different utility companies, the roadway cross - section are very conceptual. I do not anticipate much, if any, tree preservation within the ROW as proposed. The tree preservation and native habitat protection will have to be within the buffers outside of the ROW to the extent described above. I do not believe the emergency access near the school site can be located as proposed. I have reviewed the Draft Ordinance and suggest the following changes under Environmental Preservation and landscaping: Eliminate # 16. It is my understanding that this project is not going to have littoral planting per our City code, because SFWMD does not require them any more. SFWMD is utilizing the monies, normally used for littoral plantings for projects like this one, and buying environmental lands in Unit 11. Add to # 18 the following language - The minimum buffer for the commercial parcel shall be 55' wide adjacent to the main road frontage. The minimum buffer for Parcels O, P, Q, M, N, U, V shall be 90' wide adjacent to the main road frontage. Eliminate #20. This site no long exists. City Council Petition PCD -96 -01 Page 7 Recommendation; September 28, 1998 Staff recommended to the Planning and Zoning Commission approval of petition PCD -96 -01 with conditions. The Commission voted 7 -0 to recommend approval of the petition with staff's conditions and five additional conditions: (Since these conditions were reviewed by the P &Z Commission, revised plans have been submitted by the applicant. Staff has modified the proposed conditions pursuant to new issues with the revised plans and has proposed additional new conditions all of which are contained in the ordinance which has been prepared for Council consideration) The approval of this petition is contingent upon the approval of the following waivers: PCD Master Plan Submission Reauiremenls a. Waiver of Section 118- 50(2)a6 (total land area/open space) b. Waiver of Section 118- 50(2)al5 (signage locations) c. Waiver of Section 118- 50(2)n (landscape plan) Subdivision Design Standards d. Waiver of Section 114 -213 (sidewalks) Zonine Sunplementar_y Regulations e. Waiver of Section 118 -278 (height limitations) 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). Several of these conditions require additional information to be submitted or issues to be resolved prior to the Council's public hearing: Prior to City Council consideration of approval, all parkway cross - sections, specifically `IT, City Council Petition PCD -96 -01 Page 8 September 28, 1998 shall be modified to identify the location and width of all proposed utility easements. 2. Prior to City Council consideration of approval, alternative roadway cross - sections utilizing curbing versus swales, shall be submitted to the Department. 3. Prior to City Council consideration of approval, a letter of approval from Seacoast Utility Authority, stating their comments and concerns have been satisfied, shall be submitted to the Department. 4. Prior to City Council consideration of approval, the locations of all recorded easements on the subject property shall be submitted to the Department for review and consideration of effects to the Master Plan. 5. The developer shall conduct meetings jointly with Palm Beach County and Palm Beach Gardens for road permitting discussions. 6. Prior to City Council consideration of approval, all parkway requirements shall be satisfied. All plans depicting road cross - sections, drainage details and final parkway/buffer plans shall be revised and submitted to the Department for approval within fourteen (14) days after Palm Beach County determines the 120' cross - section and design speed. 7. Prior to City Council consideration of approval, the conceptual surface water management plan shall be submitted and approved by the Department. Drainage improvements shall be constructed such that any given stage of completion could stand alone without any further improvements and comply with the Level of Service and Performance Standards contained in the City's Land Development Regulations and Comprehensive Plan. The recommended conditions of approval which would be a component of the development order are enumerated below: 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. Development of commercial retail uses at the 14 -acre commercial parcel will be prohibited until residential development commences. These uses shall be limited to those permitted within the Neighborhood Commercial (CN) district, unless specifically approved by City City Council Petition PCD -96 -01 Page 9 Council. September 28, 1998 3. The gatehouse, sales center and entrance features shall undergo site plan review and be approved by the City Council. 4. 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. 5. 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. 6. The length of cul -.e -sacs shall not exceed 1500 feet. 7. The golf course(s) shall be irrigated with reclaimed water. Environmental Preservation and Landscanine 8. Approval of the PCD is contingent upon compliance with Chapter 102, Natural Resources and Environmentally Significant Lands, and Chapter 98, Landscaping and Vegetation. 9. 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. 10. All preserve areas, native vegetation and trees to be preserved shall be identified with 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 #9 are protected. 11. Within nine (9) months of PCD approval, the petitioner shall submit a PGA Boulevard right - of -way beautification plan, consistent with the PGA Boulevard Corridor Overlay and Parkway Overlay, for City Council approval. The maintenance of the landscaping shall be the obligation of the petitioner and/or its successors and assigns. 12. Within nine (9) months of PCD approval, the petitioner shall submit a detailed road right -of- way landscapelbeautification plan for all public roads for City Council approval. The plan shall identify the `first phase of landscaping' which is intended to buffer each parkway pathway City Council Petition PCD -96 -01 Page 10 September 28, 1998 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 petitioner and/or its successors and assigns. 13. 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. 14. Prior to commencement of land alteration/construction of the golf courses, a conceptual landscape plan and grading plan for the entire golf area 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. 15. Within nine (9) months of PCD approval, the petitioner shall submit detailed PCD buffer plans for City Council approval. The maintenance of the landscaping shall be the obligation of the petitioner and/or its successors and assigns. 16. Within nine (9) months of PCD approval, the petitioner shall submit detailed landscape plans for all lakes, showing the locations of all littoral plantings, and pump stations not located within a designated parcel for City Council approval. The maintenance of the landscaping shall be the obligation of the Golf Digest PCD. 17. 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. 18. There shall be a minimum 25' buffer between all parcels and the adjacent collector road frontage within the western gated residential area. 19. All internal buffer details shall be submitted and approved concurrently with the associated parcel or common area site plan. 20. Parcel W shall be designed with a 30' wide PCD buffer on the north side, a 25' preserve buffer on the west and southern sides, and a 40' buffer along the N -S Parkway frontage. These details shall be approved simultaneously with the site plan. 21. 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 City Council Petition PCD -96 -01 Page 11 approval. September 28, 1998 22. Within twelve (12) months of PCD approval, the petitioner 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. 23. All utilities shall be placed underground and within road rights -of -way wherever possible. Other locations may be approved, if determined by the Department not to be in conflict with parkway treatment, landscape buffers or preserve areas. 24. Native vegetation within the road rights -of -way shall be protected where possible. Clearing shall not occur until road cross - sections are approved by the Department. In order to receive a clearing permit, the petitioner 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. 25. The petitioner and successors and/or assigns shall provide at least 48 hours notice to Eastpointe Homeowners Association, Old Marsh Homeowners Association and PGA National Property Owners Association prior to burning of vegetative debris. Dedications / Improvements 26. The petitioner and/or its successors or assigns shall be responsible to construct an 8,000 -9,000 s.f. fire /police station pursuant to City design requirements; 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 or the opening of the golf course. Final language of condition to be determined by City Manager. 27. The petitioner and/or its successors or assigns shall be responsible to construct a 15 -acre park site 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 certificate of occupancy: • a mile -long fitness trail along the perimeter of the site • 1 soccer field • 2 fenced regulation tennis courts with lighting • 4 fenced regulation sand volleyball courts • 1 playground with apparatus designed for all ages • 3 pavilions and clustered picnic areas, with maintenance storage capabilities and public restrooms at one pavilion City Council Petition PCD -96 -01 Page 12 September 28, 1998 90 space concrete parking lot constructed in accordance with city requirements landscaping (perimeter and interior) The petitioner and/or its successors or assigns shall also provide the City with money in lieu of improved recreation land equivalent to the 12.5 acres due. These monies shall be due prior to City Council consideration of approval for each parcel's plat and shall be paid to the City in a sum consistent with Chapter 82 of the City's Code of Ordinances for said plat. 28. School Site Dedication Language 29. 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 AIA. 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 is 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 lanes. 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. City Council September 28, 1998 Petition PCD -96 -01 Page 13 30. 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 Poad 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 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 Eastbound 1 Left -Turn Lane 1 Through Lane City Council Petition PCD -96 -01 Page 14 September 28, 1998 1 Right -Turn Lane Westbound 1 Left -Turn Lane 1 Through Lanes 1 Right -Turn Lane 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 maintenance responsibility of the petitioner and/or its successor and assigns. Public Safety 32. The petitioner 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 PCD approval, 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. 34. The petitioner 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 City Council Petition PCD -96 -01 Page 15 September 28, 1998 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. Buildoul 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. M E M O R A N D U M WATTERSON, HYLAND & KLETT, P.A. CITY ATTORNEY To: Mayor Joe Russo, Ci of Palm Beach Gardens From: David A. Acton, Esq. Subj.: Golf Digest PCD - rezoning condition of approval File: City of Palm Beach Gardens / Golf Digest (320.009) Date: September 28, 1998 You have asked for a legal opinion as to whether the pending rezoning of the so- called Golf Digest Planned Community District could be approved by the City Council subject to a condition requiring the owner or developer of the land to execute and maintain a management agreement with Golf Digest, Inc. After reviewing the applicable statutes and researching relevant decisions by the appellate courts of Florida, it is my opinion that the City may not impose a requirement for a management agreement with a specific company (or individual) as a condition of approval of a rezoning application, although the City generally may impose standards of performance that must be met by whomever the owner or developer may retain to manage the property. The extent of control that a municipality may exercise over private development of land is not a new issue, nor would this be the first time that a municipality wanted to base its approval of zoning or rezoning upon the specific use of the property in question. When such efforts have been challenged, however, they have been consistently disapproved by the courts. For example, in the case of Porpoise Point Partnership v. St. Johns County, 4760 So.2d 850 (Fla. 5th DCA 1985), the court had occasion to review the county's rejection of a rezoning application due to the lack of a plan for the specific use of the property. The appellate court reversed the decision of the circuit court that had approved the denial of rezoning, and held that: "A property owner is entitled to have his property zoned based on proper zoning concepts without regard to the one particular use which the owner might then intend to make of the various uses permitted under a proper zoning classification. A zoning authority's insistence on considering the owner's specific use of a parcel of land constitutes not zoning, but direct governmental control of the actual use of each parcel of land which is incon- sistent with constitutionally guaranteed private property rights." Id. A subsequent attempt by the county to approve a specific project prepared by its zoning staff, but contrary to the land owner's desires, met a similar fate three years later. See Porpoise Point Partnership v. St. Johns County, 532 So.2d 727 (Fla. 5th DCA 1988). Mayor Joe Russo, City of Palm Beach Gardens September 28, 1998 Page -2- The willingness of the property owner to abide by the proposed condition of approval does not make the condition any more acceptable. Indeed, the agreement between the City and the owner could itself be subject to challenge as a form of "contract zoning" which is beyond the scope of a municipality's authority. In a recent case involving a challenge to a municipal rezoning brought by an adjacent property owner and an intervening homeowners association, the court elaborated upon the practice of contract zoning, as follows: "Contract zoning" refers to an agreement between a property owner and a local government where the owner agrees to certain conditions in return for the government's rezoning or enforceable promise to rezone. [citation omitted] Contracts have no place in a zoning plan and a contract between a municipality and a property owner should not enter into the enactment or enforcement of zoning regulations .... [A] purported contract so made is ultra vices and all proceedings to effectuate it are coram non judice and utterly void. [citation omitted] In P.C.B. Partnership v. City of Largo, 549 So.2d 738 (Fla. 2nd DCA 1989), this court held that a contract was ultra vices and unenforceable because it purported to restrict the City's decision - making authority on development issues. Chung v. Sarasota County, 686 So.2d 1358 (Fla. 2nd DCA 1996). Thus, the City may only impose such conditions and restrictions upon rezoning as may be justified by the usual reasons for any exercise of the municipal "police power" of zoning. Generally, standards of performance may be established to satisfy such reasons, which would then have to be met by whomever the land owner or developer would retain to manage the property in question. Such standards, of course, must bear some reasonable relationship to the legitimate interests of the City and may not be arbitrarily or capriciously enacted. Once set forth, however, it is beyond the scope of the City's authority to mandate that a property owner must retain a certain company or individual in order to meet such standards. I trust this memorandum is responsive to your request. However, as always, please contact me if anything in this memorandum raises additional questions that you want answered, or if you need any additional information about the topic. copy: Vice -Mayor Lauren Furtado Councilman David Clark Councilman Eric Jablin Councilman Carl Sabatello - P:\ CP \HISTORY\3086\20.DOC(320.009) 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; 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 $each GarOeens reneive4 an application from JC2 Golf Ventures, Inc. for rezoning of 2,304.79r acres of land located yatween FGA Boulevard and Hoad Road, west of Flarida's Turnpike to a Planned Community District known as "Golf (test "; WHEREAS, the 2,314.79 acres of land invrlved is presently zoned as Planned Development Area (PDA) with a land use designation of Residlential Law (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 an* 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 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 around pump stations, 5) cross - section/landscape plan for road to SUA,,6) details on the areas, between parcels, and 7) details for common area* 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. Ordinance 21, 1998 Page 3 Golf Digest Development Order 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'; and 50' for residential high (RH) 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: 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, 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. 9. The golf course(s) shall be irrigated with reclaimed water. 10. Thew plicant aclnnwled -thata ovf: a sub ect fox eencurnbered that cer<ttan Lease between. ;, eMac�. �,_r ur , i utdati a � „s%an.�, heFCi�afBeac � ,�,.,, da,�ted Deceb � 2(}�`19,9U� , enae�ar �1�cnt;� ",s�successors , bassi sh� 'I be Environmental Preservation and Landscaping 11. Approval of the PCD is contingent upon compliance with Chapter 102, Natural Resources and Environmentally Significant Lands, and Chapter 98, Landscaping and Vegetation. 12. 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 Ordinance 21, 1998 Golf Digest Development Order Page 6 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. 13. All preserve areas, native vegetation and trees to be preserved shall be identified with 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 # 4eare protected. 14. 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 15 and 16. 15. 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. Ordinance 21, 1998 Page 7 Golf Digest Development Order 16. 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 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 12M 17. 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. 18. 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. Ordinance 21, 1998 Golf Digest Development Order Page 8 19. 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 1 shall be the obligation of the applicant and/or its successors and assigns. Buffers shall be installed consistent with the Common Area Phasing Plan. 20. 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. 21. 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. 22. There shall be a minimum 25' buffer between all parcels and the adjacent collector road frontage within the western gated residential area. 23. 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: Ordinance 21, 1 ": Page 9 Golf Digest Development Order a. There shall Joe- 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, •, P, 1@, 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 15 r� the road right -of -way (as demonstrated on the plans required by Conditions 13" and 24. All internal buffer details shall Le suymitted and approved concurrently with the associated parcel or common area site plan. 25. Preserves and buffers shall encumbered by maintenance, utility or drainage easement . 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. 26. 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 Ordinance 21, 194$ Golf Digest 11WvelAtpm6nt "r Page 10 considered `temporary' and subject to further review with the project signage program. 27. All utilities shall be placed underground and within public road rights -of -way. Other locations may be approved, if determined by the Department not to be in conflict with parkway treatments, landscape buffers or preserve areas. 28. 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 29. 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 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 Ordinance 21, 1998 Golf Digest Development Order Page 11 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. 31. 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 5001 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 Ordinance 21, 1998 Golf Digest Development Order Page 12 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 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 1,000 ' 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. 32. 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 Ordinance 21, 1998 Golf Digest Development Order Page 13 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. 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 Ordinance 21, 1998 Golf Digest Development Order to the elementary and middle schools. 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. 33. 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. Ordinance 21, 1998 Golf Digest Development Order Page 15 With regard to Hood Road and Alternate A I 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 A IA. 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 lanes. 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. Said i'sta llatzonshall be conipletedd"fuly p eraiio%�"�li°tlun`�"rn"an of fliltin of tjj{{.°LLconract Ordinance 21, 1998 Page 16 Golf Digest Development Order 34. 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 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 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. 35 Nomore than167net new external daiy�ips shall be generated fromhe referenced project until�thefollaunng unprovements are constructed at theintersectian of Pros eri F�a s�Roadand PGA BouleY�rd D �lleft�t�zn, I East�an"d�?�?est approach: M16.1 Sgtyar 2QQ�lancag eachearthereafte fihe "segmentof` GABou1d beiweeneFlorica'sTnpien�ranc an�cl yderaupBauRYMIlionitoto determmeeapacty c ©ristrain°ts 24 ho r `affic caunt��shiuldbe,�erfo ed� d�u,_,rm��3 consecutive days (Tuesday through ursday }ciur�ng,the.p seasonPeakhour ,directional rf�`�c should be�d`e %rmuied from „e�co lec`�ed 3datand compared agauisf" the adopted = eak° ho dtion Iwol�umefora lead Ott appli an� shall'he�req�ed,ta Leta t��ra and issue a�notice }ta �g eed(corsmrnen cans�t�zafion fo�r�the"„consiruetdn o a 4 lane secfion rfoi-this segmen ofP�GA�Boulevardw�ihmri %,�onths�from�„thfhe coll_� e.�.e traffic Yy�:k:��; n isgr�a e�r�ih�an�,e�a""dopfed� "traffic v�lo ,utne,`ora`11Lf�iure�b�uildng errru�s'°'il b� withheld�until "asaidco�istructio „nis' comme ced"F�i�rtlier;consiruction of�4,tane �%%go �AEtY, dtdC�tF .a3ii#�°'"�.9�d"fi'�a•3a:*.� '” - ' ?ffi'.��.w�..,a.. s'3`.�"�au1..� , - kt�ae`.i..ayl1• Ordinance 21, 1998 Golf Digest Development Order Page 18 of thts�s�" eg f p�r�iBo` u�.evashall�be; complefeed one sr�efore�1�8 monfhsfi om the dime the collected�tra�c�valme isgreaterfhan fiheaado ed traffic v I;um o �all�ti� a �u,,el�g emuts µ it tie w�thfielcl unt�l�sai� �ons�ruchcTn s com`"�`I.eied°During fhe%8w om �thper�od ofZcon�struetiono inµreihau �3bbuildu�gp rm� � Ball be ��ssuecl����The�applic .�ants}�all pro de�theCityw�th suretyn fhe_ arnounfof 11 fl °!°µof the contra t amount #oguara�n, tee c�omple or�of�ths improve e 37. 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 38. The applicant and/or its successor and assigns shall provide on -site private security until the roadways are completed to deter construction theft. 39. 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 19 Golf Digest Development Order 40. 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 41. 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. 42. 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. 43. 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 Buildout Page 20 44. 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 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 21 (D) September 23, 1998 Roadway / Buffer Sections -- Section G -G', H -H' & I -I', Urban Design Studio, 1 Sheet (E) September 24, 1998:RoadwayBuffer Section - East -West & North -South Parkway 4 Lane Ultimate ROW, 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 Map, 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 Digest, 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 11, 1996 TOPO, Kevin L. Erwin Consulting Ecologist, Inc., 1 Sheet 20. August 31, 1996 Boundary Survey, 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 Overview, Cotton & Company, 7 pages +August 1996, Palm Beach County 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 Map, 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 U$DA/SCS Soils Map, Higgins Engineering, Inc., 3 Sheets 27. December 19, 1996 Environmental Assessment Response to Sufficiency Review / Palm Ordinance 21, 1998 Golf Digest Development Order Page 23 Erwin 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 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 24 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 ATTEST: LINDA V. KOSIER, CMC, CITY CLERK BY: COUNCILMAN CARL SABATELLO APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO Draft 9/29/98 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 ORDINANCES; 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 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)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 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). 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. Ordinance 21, 1998 Golf Digest Development Order Zonine Sunnlemeglpry ReeuhlIions 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 (RI1) 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 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, 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 Page 5 Golf Digest Development Order 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 Landscaping 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 Page 6 Golf Digest Development Order 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 / Improvements 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 Golf Digest Development Order Page 11 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 Page 12 Golf Digest Development Order 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 1,000' 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 Golf Digest Development Order Page 13 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 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. 21 HH.6. The Applicant shall provide the School District with an Environmental Assessment Statement, which describes the environmental conditions of the property including Wel field 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 AIA. Ordinance 21, 1998 Page 15 Golf Digest Development Order C. With regard to Hood Road and Alternate A I 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 AlA. 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 lanes. 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 EntrMre; 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 Er;tranq.(�; 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 Page 17 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 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 "xl7" 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 Page 19 Golf Digest Development Order Buildout 38. 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 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 Ph4$ing 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 -1j' & I -I', Urban Design Studio, 1 Sheet (E) September 24, 1998 RoadwavBuffer Section - East -West & North -South Parkway 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 Map, Urban Design Studio, 1 Sheet 14. January 21, 1997 Turnpike / Reservoir Buffer & 2$' Wetland Bufe; Adjacent to Residential, Urban Design Studio, 1 Sheet 15. June 17, 1998 Water and Wastewater Master Plan for Golf Digest, Carnahan - Proctor and Associates, 5 Sheets 16. August 19, 1998 Eastern Retained Property_ Concep_ tual Water Management Ply, Higgins Engineering, Inc., 3 Sheets 17. September 2, 1998 Traffic Impact Analy$j$, Kimley -Horn and Associates, Inc., 10 Pages Other supporting materials which provide additional back -up, data and analysis and/or justification for the aforementioned materials, and petition in general, include: 18. March 1996 AERIAL, 7 Sheets 19. March 11, 1996 TOPO, Kevin L. Erwin Consulting Ecologist, Inc., 1 Sheet 20. August 31, 1996 Boundary Survey, MockRoos, Engineers. Surveyors. Planners, 2 Sheets 21. November 21, 1996 Seacoast Utilities Mood Road Wellfield Location Map, Howard L. Searcy Consulting Engineers, Inc., 1 Sheet 22. October 1996 Preliminary Market Overview, Cotton & Company, 7 pages +August 1996, Palm Beach County Market Study, WCI Communities, 40 Pages 23. July 13, 1995 Option Agreement For Sale And Purchase, Between John D. MacArthur Foundation and The Nature Conservancy, 5 Pages 24. October 10, 1996 Mitigation Agreement, Board of County Commissions, 10 Pages 25. May 20, 1996 Application Form of Golf Digest - Loxahatchee Slough, WCI Communities Limited Partnership, 4 Pages 26. November, 1996 Application for Alternation of Environmentally Significant Lands Environmental Assessment, Kevin L. Erwin Consulting Ecologist, Inc., 15 Pages + Map A Site Location Map, Higgins Engineering, Inc., 1 Sheet Map B Aerial Photography, 1 Sheet Map C Existing Terrestrial And Aquatic Vegetation. Map D Preservation Plan, 1 Sheet Map E USDA/SCS Soils Map, Higgins Engineering, Inc., 3 Sheets 27. December 19, 1996 Environmental Assessment Response to Sufficiency Review / Palm Ordinance 21, 1998 Golf Digest Development Order Page 21 Beach Gardens, Kevin L. Erwin consulting Ecologist, Inc., 26 Pages 28. January 3, 1997 Environmental Assessment- Rest)on$e to $ufcienpy Review / Palm Beach Gardens, Kevin L. Erwin Consulting Ecologist, Inc., 26 pages 29. January 24, 1997 Environmental A$$e$sment- Sufficiency Review, Kevin L. Erwin Consulting Ecologist, Inc. 4 Pages 30. January 28, 1997 received by City of P.B.G., Environmental Assessment Transnare,nt Overlays, Urban Design Studio, 28 Sheets 31. April 30, 1997 Environmental Review of the Proposed Golf Digest 1?CD, James F. Schnelle, JR., PE, 14 Pages 32. March 28,1995 South Florida Water Management District Jurisdictional De,termination 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 Prot)ertv 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 Ton_ og_ran_ hic Map_ And Predevelot)ment 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 Property_ 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 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 Mitie_ation Areas leap, Kevin L. Erwin Consulting Ecologist, Inc., 1 Sheet 48. November 12, 1996 Eastern Retained Property $ite And Preservation Plan, Kevin L. Erwin Consulting Ecologist, Inc., 1 Sheet SECTION $. 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 Golf Digest Development Order Page 23 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 ATTEST: LINDA V. KOSIER, CMC, CITY CLERK BY: VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT Options for a °Special MasterH in the Code Enforcement Process. City Council Regular Meeting October 2,1998 BACKGROUND: City Council directed Growth Management staff to research options for the use of a Special Master in the Code Enforcement process. As part of this research, staff contacted 18 local Governments who currently urtib a Special Master in conjunction with, or in lieu of, a Code Enforcement Board (CEB). These local governments include: Palm Beach County....CPAISpecial Master Indian River Cotnty...CVTt/Special Master POIk County....--...— CEB /Special Mauer Boca Raton.- .......... - -CEB Delray Pmt+ _ _ G=16-acres .. ..... ...........CEB Lake Clark Shores..—CTA Lake Worth. ...... . ........ CEB Royal Palm Beach. ..... CEB West Palm Beach .....special T akeland ..................Special Master Tampa------------------ - - - -cm Special Master Boynton Beach ......... CEB Jopiia .............CES Juno Beach...... -- ....Special Mesta Lake Padt .................CEB North Palm Beach. ... CEB Tequesta ...................Special Master. At the May 21, 1998 Council meeting, City Council reviewed the Special master program and indicated the strongest level of interest in Option #1, Special Master only. A review of these Options is included in this report. Council also directed staff to contact the 9 local gov nments who utilise Special Masters to discern their level of satisfaction with the program. (letter attached) Staff rft---tived responses from 7 of the 8 local governments. Polk County did not reply. The majority of the responses were positive. The remaining responses were description of the process or procedures. We received no negative responses. RECOMMENDATION: Staff reco*nmends that Council approve Ordinance 6, 1998, on first renAino, Thu-. will enact Option #1 and allow staff to proceed with implemen-usiion of the Special Master program. Sta ff anticipates that it will take approximstely 2 months to phase into this program, with the Special Master beoinnino work in December, 1998. REMI W: USE Of SPECIAL MASTER PROCESS; Four of the 19 local governments contacted by staff use a Special Master for all cases. Four use both a Special Mauer and a Code Enforoathent Board. Ten use only a Code gym&- -- It is important to note that the Special Master concept is being used an an Ong b aisby� local governments as knowledge of the process h disc 'buate& Ile cost f o r a Special M a s t e r r a n g e s fiom $110.- $130 per h o u r . However i t is importsnt to note that of the eight entities utilizing a Special Master, four obtain the service on a volunteer basis at no cost If the City utili-ma a Special Master three hours a month the cost will range between $3960 - 54680 per yew. However, the City can also seek volunteer services. There are several options for utili"*+on of a Special Master. The three most common options we presented below: 11 Sneeial Mas&r Only: In ti++q option, a Special Master would be used for all code enforcement cases. Potential Advantages: • Greater conmistency in decisions. • Faster and more efficient hearings. • Extensive knowledge of the law. • Less administrative workload due to a simpler process. • Additionally, it msy be less intimidating for a citizen to face a Special Master than a Board. Potential Disadvantages: • Additional cost to city, unless services can be oW*+--A on a vohn+*M* basis. • No citizens on the CEB means a lower level of ce*+ mmnity iavoieesnent. 2) Special Master and Code Enforcement Board: 'I'here are several permutations for this option. For example: a Special Master may be used for routine yes while the Code Enforcement Board is used for more complex cases. Or the City may choose to use the Special Master for the controversial cases such as industrial or comm* violations and the Board for the residential violations. Potential Advantages: • Lower cost than Special Master only option. • More flexibility in how hearings are hurdled. Potential Disadvantages: • Some additional cost to the City. • Greater administrative workload due to handling two processes. 31 Code Enforcement Board only; In this option, the Code Enforcement Board handles all cases. Pot+aotlat A m low. r. -1. • :LaweraoRtn "Chy:thsn Special Mawopiti�, • Cites ieevioS m the CES provide a kvri of comet mitt'► invo,v $ -= �- • Green vaciabft in dwida m • (hemw administrative waddoad. Each of these optic= has been need SuccessfiIny by local gam, selec&n of an option is q'pRY based an aoddoed, effcy, and legal cone= Due to the law cost ofthe specie, Mestw Ouly opt M fi mcie, issues are typically not aprimmy dint in The selection ofan option. May 26, 1998 : CITY -'OF PALM ,"IBE-ACH GARDEWS IMQ H. MMMMY TR" • PALM 29^04 GARDOM PLCWWA 336164M W. Sam Halter Chief AA—i-;-,-& five Officer City of Tampa 31 S East Kennedy Boulevard Tampa, Florida 33602 Re Use of Special bfimer for Code'P-nft==e= Cam Dear Mr. Halter. The C* Council of the C* afPgm Beach C=&= is aonsidaiag the we ofa Special Master 1W.QW-CA& Enfosaenmt cases. As part of this oonsidasatiao, our Cameo lies — -14- M-WRI'Ma we conducts awny oflocal governmena who utilize Special Wwars to as - w diek levd of Sao VA& th;q 9 M aon The Council will be moldne a final detaminatiown an this matter in June or July. Thus a quidt response would be most helpful. At your earliest convenience, please send a letter describing your cqxwience, via fix MS-10141 or by mail to: Roxanne M Manning City of Palm Beach Ciardens Growth Manag=~ Depastrnent 10500 N. Witary Ton Palm Bawl Gardens, Florida. 33410 We appreciate you cooperation in this matter. If you have questions, please call 775-8295. Sincerely, R==e NJ Muming, AICP Growth Management Director cc: Bobbie Herakovich, CM Greg Dunham, ACM Council members CRA members CE staff RMWjh/Cr\Spcemas2 MW 36.1996 jun t.;b•:oe e:o: N3.001 P.31 CITY OF PALM BEACH GARDENS. ,eose, wauren►� • �.,�.�cei+�.u�o�a -� =�1- -� il_ ,- - _� - _ ���. _. bk. noom S. saidde d car t�tdalw Plain M140" Re: Uss of sp.aal bhow hr cod. P.u9oresM" Cases Dar Mr. saickhmt Tbs City Counig of tbs City of Pdn S" Caedem is aomide ring tlb sea ota S it blil far ew Cods eaibeow"M ones. As oet d*w ooeuidstatioet, our causal b" Agoaated tha oti w wdto otiBslpsdal Msrtas b ssaeeaiu tbair lsMel otsatiaiaiaa witL tWs�ooess. : = - Mw Ca" w1 bs sftd delsr on os d& aww in Jms orJ*. Thw sggidc rwpoarswooldbs moltisatpdt{. 4>�r = __ __ : _ : Dues sad s lww dmoa"�onr vislv<MS -1014 or by mail to lt� M. Maamia0 G o .& Dipm 1 _ to= N TINA !s!m Beam !acids 33410 _ 3 We appce iwe you 000pswivs in tis ms- ffyos ba, sY, �� AlCP oc: Bobbie Herskovick CM Dunham. ACM Council members CEB manbw cz ME - WAVAMA3 � p% %r 06/05/19% 89:06 561SM214 TE2"a 00 AGE 02 aiy otpdm smb amdeee 1a3001Z bmt■er TUA Palm Hoes GSWM1. PhXids 33410 �� � � • t� « , �� ,. � • . :� �- • �� «�. is DowWUmmioF AM S. Me b►�e�ome to 3vt iisot daps 1dj► 3+6, I99�. t� isto ssns>�iatllrYips at Yegratu aeet�aspa�iataaAar a�am br our Dodo eaibroomaat crm. We bw lm dldt wdma m 0 a mmosM itatd► rat adio■■os mg m i, daft wit both m ism ah eadw. Webm do hued ow tie mdre pe s qw d ap mils deddom mds sash; bp% aad spat am W. This no* aids it &a oompBeoos, wiiics stse =&ODD s a000eoj�Brbed svoaes aie did bee a node board at aoe douse. bat It ws verb ooabai� and w�ss eat Vay emcio L Ifyon ae�ed aogtlSiep fi�t6er pkaee feel dree to ovaeaa me. D , sm ido Code X61 -575 -6213 361 - 373 -6213 (Fax) Q.: BOX 3273 357 Tcgw Dd<,TequosW Fbe a 334694KM Jv.+-Oa -9e 12:49A C!!'T O>r WM IPAZM 11is WU l MAP D!A>1�iR 40 HMO !A>xlJ1�t »I0OIMAM 'w' ?z lZOmma nm mot.: "i•as -un �..+ I CJLT. 30" f, 1995 Roxmc K Mamlive City OfPdm Hoch Gwdom onmtb hianapmeat Dqw mmt 10500 N.1rmy Tsai Pair Boris Gwden.IFL, 33410.4691 Re: Use of Speeid ulmw for Cm,� --* Cares . Dear UL MamdW La terpon.e to yaw mqunt, in c u eocF ed, o- with the Specid Mma bn been w positive that =-- bas bans to PO back m bavinl a board When the board was haarit0 tiro cma the rasa and dopusse vme much awe time Tbwe is abo a con istency in d o Sere tbot are imposed Ode IN is ABA of attoareys wide Gomm mom: Randy Sddon 1SOI Ccepomte Dsim Ste 290 Boymon bmwk FL 33422 (561) 73241004 am A Paulette Totosvia one Ckadabe caata Sts 1304 M Ausaa6an Avmm Saab Wet Palm Hach, FL 33401 (561) 932 -OWE If tbae is any quo6on pksse do aot hcm=s to contact we at (561) 653 -3560. Sgt. Robert OWn F"BCD :w D"Nru a.tatlilunk& z"be MW swedbe ela.aisig owiM. Code BatOMEN at Division 100 Amttalim Aram West i" Sea* FL 33606 (361) 233 -5300 FAX (361) 2334317 June 8, 1998 Roxanne M. Manning, AICP Growth Management Director City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Fl. 33410 -4898 Re: Use of Special Master for Code Enforcement Cases .z� - QW.- -An Equal oppairnuri& Afftnuattw Amm Entjoh yer" Dear Roxanne: rwn sow cam' This letter is in response to your request for information regard'kp ilia cammus, County's use of the Special Master for Code Enforcement cases. Dart Aaronson. Chmirsono Palm Beach County currently uses two forms of Special Masters for Montle Ford Lea, vice ChtiUTIM Code Enforcement cases. On the one hand, the Board of County Commissioners has appointed an individual to sit as a Special Master 1L. T. ins to hear all requests for modification of fines. These requests are ca<oL A. Roberts made after violations have been corrected, and fines are accrued. Currently, the County does not allow a request for modification once { w..i& K Nam Code Enforcement Tien has been referred for collection purposes. In addition, the Code Enforcement Board, which consists of 7 Ken L- Foy members plus 2 attemates, has appointed one of their members to sit as a 'Special Master. This individual hears all those cases where the eounq Mainistramor violator's admit to the violation and have little, if any. evidence to present These cases typically involve the County reading the Robert weesnan, P.E charges, the individual admitting to the violation and requesting a reasonable time to correct. This Special Master, what we call the Code Enforcement Board Special Master, hears these cases concurrently while the full Code Enforcement Board is hearing the cases for those individuals who contest the violation. The CEB Special Master also will hear those cases where individuals were served and have not appeared. -An Equal oppairnuri& Afftnuattw Amm Entjoh yer" t i hope oft hf wnwttcn nsisb you. N 1 can be of any addkkmai n00 please let me know. �. r _2_ i hope oft hf wnwttcn nsisb you. N 1 can be of any addkkmai n00 please let me know. �. r BOARD OF COUNTY COMMISSIONERS 1840 25th Sbwt, Ibm Me * Flw+ids j2W 1561) W-8= June 16, 1998 Roxanne M. Manning City of Palm Beach Gardens Growth Management Depwtment 10500 N. Military Tram Palm Beach Gardens. Florida 33410 RE: Use of Spedal Mier for Code Eaiforremeat Cases Dear Mrs. Manning: cL Coning the above rGSa mead topic, I am responding to your ?�-@+m-r of May 26,1998 to Covoty Administrator James Chandler. Please be advised that Indian River County adopted the Special Master alternative a fear years ago. Indian River County rases a Special Master on rare occasions.. More specifically, the Code Board Chairman serves as Special Master and is able to hear code enSor+amew cases in the event of a lack of quorum at a rcV,12* Board meeting. Otherwise, the Special Master may be used to approve Notices to Appear for the neat scheduled Board meeting. I recall that on one occasions, the Special Master heard a case that warranted immediate c:oasid,eratian (health and safety) vs. - waiting for the next regular monthly Code Board meeting. For your information, attached is a copy of the County Code relating to the Special Master alternative. If you have any questions, Please feel free to contact me at (561) 567 -8000, exL 258. Sincerely, Roland DeBlois, AICP Chief, Environmental Planning and Code Enforcement cc: Robert Keating James Chandler TM98 -496 WAUSERSUt0LAND\CW\MASTE LWPD C t► or pu �r t'j 1h} K v }} ay 1998 NI � - �IG ZACN THE TOWN OF JUNO BEACH 340 ocL►N Darin PHONE (3611 f) W&IM • FAX 061) 7754812 FlALM SEACi CO. Y FLORrDA 33409 June 26, 1998 Ram m M Ming Growth Director City ofPalm Beach Gardens 1OS00 N._M1%ay Trail Nim Beech Gardws, FL 33410 Dar Rannak The Town of Juno Bach has been very pissed with the use of a specid master far code m6oxce w - Bec ell we are deeft with a traiae l pxofessional, the handf'mg of can is for more eveo-handed. In adNtion, there is less stafftime invotved m pxepacing can fox the special master then, fox a paced achy people. Another big advantage is that you can set the tone for these psoceem ngi by the pemn you here. We wanted to bmd ova backwards on the side of fire x+eaideat or business so we bu+ed an money as our special master who are kww wadd do that. Our eqw xieooe bas basso positive, I would not even think ofgoing back to a code ea6orcema : board. Call me if you need any fiuther won. Sincexdy, GaR F. Nilson Town Manager 0 ormae a Reword Pm er V- 4 ",% ftdmbmm A21l� �a1�r City of 11 i . July 27, 1998 Vol Facsimile 6611 775 -1014 & U.S. Mail t oldoe at me CMh sttan" James D. Pakrmo Chy Aftmq Qr p'A . At - . Roatanme M. Mrmmog, AICP G wtb Mswgemeut Du+ = City of Palm Beach Gardens 10500 N. b ilhuT Trail Palm Beach Gardens, Florida 33410 -4698 Re: Use of Special Master for Code Enforcement Board Cases Dear Ms. 11 2nn;n+4• I am the Assistant City Attorney who represetns the City of Tampa Division of Neighborhood t�rovement before the Mil Code Emforcemeat Board. As such, I have . been asked by Mr. Sam Halter to reply to you cone.4poadence of May 26, 4998, concernim the use of Special Masters in Code Enforcement Board settings. The City of Tmnpa uses both Special Masters and a full seven member Code Enforcement Board. The Special Masters have all of the powers that a member of the Code Enforcement Board emjoys. However, the Special Masters officiate only at initial hearings which are in the mature of case management conferences. These hearings are held during the first two Wednesdays of the each month. The Special Masters hear pleas from the alleged violators and proceed only in cases where an alleged violator has pleaded guilty or has failed to appear after being duly noticed. In the latter instance, the Special Master hears evidence from the inspectors or other witnesses and then det,,udnes whether a violation exists, orders correction and sets fines. Alleged violators who plead not guilty before the Special Masters, are referred to a full board hearing which is held on the third week of each month. Aoxanzit W. 'Manning.,"AMP �Gwwth'Ms=w=w Dhecw City of 'Palm Bach Gawm .Pap TWO July 27, 1998 I hope this Wfornation will assist you m the operation of your Code EdOrcenj= Board, Feel fmc to contact me should You have any questions concemme the City Of Tampa, pis. JD4/ccb ILI%-OC*Mrwxm—iw Jorge I. 1 Assistant 315 East Kennedy Blvd, 5th Floor-Tampa, Florida 33602 813/274-8996 • Fax: 81312744009 zs III May 15, 1998 ORDINANCE 6, 1998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS AMENDING ARTICLE IV OF CHAPTER 2 OF THE CITY'S CODE OF ORDINANCES ENTITLED "CODE ENFORCEMENT' BY PROVIDING FOR CODE ENFORCEMENT PROCEEDINGS TO BE CONDUCTED BY A SPECIAL MASTER; BY REPEALING SECTION 2 -186 ENTITLED "DEFINITIONS "; BY AMENDING SECTION 2 -187 ENTITLED "JURISDICTION "; BY REPEALING DIVISION 2 OF CHAPTER 2 ENTITLED "CODE ENFORCEMENT BOARD" AND REPLACING IT WITH A NEW DIVISION 2 OF CHAPTER 2 ENTITLED "SPECIAL MASTER"; BY AMENDING DIVISION 3 OF CHAPTER 2 ENTITLED "PROCEDURE FOR ENFORCEMENT OF THE CODE ENFORCEMENT BOARD"; BY AMENDING SECTION 2 -261 ENTITLED "ISSUANCE OF CITATION'-, == PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. _ - - WHEREAS, Article IV of Chapter 2 of the City's Code of Ordinances provides fora 7. code enforcement board, pursuant to state statute, to hear and decide alleged violations of the codes and ordinances enacted by the City; WHEREAS, Section 162.03(1) of the Florida Statutes provides that a municipality _ may abolish by ordinance its code enforcement board; - WHEREAS, Section 162.03(2) of the Florida Statutes authorizes a municipality to' =_ adopt, by ordinance, an alternate code enforcement system which gives special masters the authority to hold hearings and assess fines against violators of municipal codes and ordinances; and WHEREAS, the City Council of the City of Palm Beach Gardens has determined it to be in the best interest of the City to abolish the Code Enforcement Board and appoint a special master for code enforcement proceedings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1: Section 2 -186 of the City's Code of Ordinance entitled "Definitions" is hereby repealed in its entirety, it being the intent of the City to defer to state statutes for definitions, when necessary. ,$Cd4I12: Section 2 -187 of the City's Code of Ordinances is hereby amended as follows (added words underlined; deleted words stm elE): Page 1 of 13 Sec. 2 -187. aril :%y:�:aw ` Intent .. _ _ -_ -- J :_ r a • It is the intent of this dMisien Ito promote rM7 J \O \VY R1 . .V• IYf..VL. / and improve the health, safety, and welfare of the citizens of the city by authors and creating the position of soec ial master fi enforcement oroceedinas with mg authority to impose administrative fines and anti noncriminal penalties to provide an equitable, expeditious, effective, and inexpensh method of enforcing the codes and ordinances in -force gf the city. . YF/iloa4Y VIVIa YVII aN.1Y..YVV aV �iA1.7a. - 1111.7 ai.V..WI%PII I.7 QYVt/a4Y F/Y1iYQI1a \V Y14 /RJI1Y _J J.. -G -- __ _ -- L_aL :_ r n _L Z2. r/a/1FIFVI.7, YI IY VYY4.7 O.7 V4► 1V1 Y1 .11 1 .\J• wI. I%I Section 3 Section 2 -188 of the City's Code of Ordinances is hereby amended as follow. (added words unded1ned; deleted words fit): Sec. 2488. Jurisdiction. (a) The ,.�.:� `i :N�. 1Gi 1�; ;special master shall have the jurisdiction _and authority to hear and decide cases alleged violations of the; _ L'1 any codes and ordinances enacted by the city where a pending or repeated'- violation continues to exist; TL- - _L-- - -� - -. L - - -J -L -11 L_ -- -_J J -_.J- ...- 1 --. -.- -t _Ji -- -L __.. I I IS. a..1.VI Vr" 11141 Ia WYI V z z.. I IViO. QI ".& YVV.Y�/ V IVYYYVI I V■ anV LVI IYIYYI I VI QI I' J�.-IVY; __. -� -- -L AL. - i -- -- - =1 -- final action of the site plan and appearance review Y4�41 flGI1\ V /Y41 VI Y14 Wa WYI IVII V• committee or the Plannina_ and Zonina_ Commission: QI—IY 61 -I-y- ;Q: typz ..": `,• *L- -.... ._ LL- L. -.. -_ ...L._L R■ IIV1I 1110' Y4 Y1iVF/aV�. Y' Y 14 Wa� 111 Y I4 IY \\414 i16I0a01 I 14a, Y.o a4 Y4JY 14YW, WI WY YaAIV1 Y, .acll4a�, JY4 V1 p ;, \'I M IVVOYVI1 a11y .7Y Ya.aY14 VII I4a1 t/1 VF/4, a' Y 1 Y 14 Wa'. or — (iii) Anv_ statute. code. rule. regulation or the like incornorated into the situ's code of ordinances by reference. - (b) Those code enforcement cases, which at the time of adoption of this ordinance, are pending before the Code Enforcement Board, as evidenced by a notice of violation having issued or by the matter having been set for hearing before the Code Enforcement Board, shall be heard by the Special Master. (c) The authority herein is not exclusive (c) T`` r; c.: 'a:w.-.z c` U663 6Ia:�. a1 -c suppiernenlal and shall not prohibit the city from enforcing its codes by other legal means. Section 4: Division 2 of Chapter 2 of the City's Code of Ordinances entitled 'Code Enforcement Board" is hereby repealed in its entirety and replaced with the following: Page2of13 DIVISION 2. SPECIAL MASTER Sec. 2 -211. A000intment: term: comoensation. (a) The special master shall be appointed by a majority vote of the City Council. The City Council may appoint one (1) or more special masters. (b) The special master shall be appointed for a term of three (3) years. A special master may be reappointed upon approval of the City Council, however, no special master shall serve more than six (6) years consecutively. In the event of a vacancy, the City Council shall appoint a replacement for the remainder of the unexpired term. (c) The special master shall serve with compensation in an amount to be established by the City Council. (d) The special master shall serve at the pleasure of the City Council and may be suspended or removed for cause by a majority vote of the City Council. -See. 2 -212. Qualifications. (a) The special master shall be an attorney and a member in good standing of the Florida Bar for a minimum of five (5) years preceding appointment Sec. 2 -213. Authority of Special Master. (a) The special master shall have the authority to: 1. Subpoena alleged violators and witnesses to hearings, which subpoenas may be served by the City's Police Department 2. Subpoena evidence. 3. Take testimony under oath. 4. Issue orders having force of law to command whatever steps are necessary to bring a violator into compliance. 5. Assess fines pursuant to Chapter 162 of Florida Statues. 6. Lien property pursuant to Chapter 162 of Florida Statutes. W 11V M_ (b) The special master shall be bound by the Code of Judicial Conduct, as amended from time to time. (c) The special master shall adopt the rules and regulations as found in Chapter 162 of Florida Statutes. The special master may adopt additional rules and regulations not Page 3 of 113 inconsistent with the provisions of Chapter 162, Florida Statutes, subject to approval by the 1 City Council. Sec. 2 -214 — 2 -230 Reserved. Section 5: Division 3 of Chapter 2 of the City's Code of Ordinances is hereby amended as follows (added words underlined; deleted words streek): DIVISION 3. °'nr r ^n r ►1l��1nr►Ll�r�tT efv TLIr r►Pfnr . .1%VVi..L/V.%&- . rur %nnr_ur�l I s^wnn CODE ENFORCEMENT PROCEDURES Sec. 2 -231. Initiation. (a) An alleged violation of any of these codes, er ordinances, of the -dly, as described herein, may be filed with the code enforcement division by citizens or those administrative officials who have the responsibility of enforcing 3y,Gh the -veMi s codes,--m ordinances, resolutions or formal actions. - -- :- •SI- -�' ~ W:^ (b) It shall be the duty of the code inspector to initiate enforcement pro ceedmgs.:F .- --J -- LI- &A&.- ---A- L--_--1 -L. -11 L---•- •L- - �_��._ t.-;.:row-We - pal The Special Master shall not have the power to initiate such enforcement proceedings. Sec. 2 -232. Notice of violation. (a) Except as provided in subsections (c) and (d) of this section, if a violation eHhe - eedei as set forth herein is found, the code inspector shall notify the ageg22Lviolator and give him provide a reasonable time to correct the violation. (b) Should the violation continue beyond the time specified for correction, the code inspector shall notify the vc do c.- V. %.t4 a 1W.4-.. A-0ecial master and request a hearing. The special master :` "- .`c,�,";,�, ; ;;,a v, through ft clerical staff, shall schedule a hearing, and written notice of such hearing shall be hand delivered or mailed as provided herein to the violator. At the option of the cc :` E�; c,.;.�.„ vo special master, notice may additionally be served by publication or posting as provided herein. if the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the beard special master even if the violation has been corrected prior to the beerd hearing, and the notice shall so state. (c) If a repeat violation is found, the code inspector shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The code inspector, upon notifying the violator of a repeat violation, shall notify the c,.: c:,,c.„c-.. toco � SmIcW Page 4 of 13 maste and request a hearing. The ,.r.- .;,�, special master. th Y rough�ls'�,_ . clerical staff, shall schedule a hearing and shall provide notice as provided hereir►.Ths� ;r: case may be presented to the special master even if the repeat r : �r�rr violation has been corrected prior to the beard hearing, and the notice shall so state. (d) If the code inspector has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety, and welfare or if the violation is irreparable or irreversible in nature, the code inspector shall make a reasonable effort to notify the violator and may immediately notify the x.;1%0 {.� l �.G, l --r.--j mate and request a hearing. Sec. 2 -233. wVYY.Q ,%-. Conduct of Hearing. Upon request of the code inspector, or at such other times as may be necessary, the w.o:.- %.Flu . ;.-,-.� soecial master may call a hearing. of w 1 - - -___ _. -- L— —_n_� `„ __ -- — _tee_— _e - - -� i... l —_ _. a" O, IIVI\.6 -71 Flips 416 wc.l Y. n ,arO. as lJ a.w ),w7 w w..u.Y Yy VV l H.`.5 1 ,"0"%0 -- .i.y5"wu vy w wYVa W: ugl� w.:z 460%0.15.w. Minutes shall be kept of all hearings by :1� and all hearings and proceedings shall be open to the ..public. The city shall provide clerical and administrative personnel as may be reasonably required by the `.. V:.,G..-.6l �. special master for the proper performance of Al ift duties. W Each case shall be presented bv_ the city attomev bv_ the city_ 's code inspector or desionee. W The special master shall take testimonv from the city attomev and /or code insoector and the alleged violator. All tesfimonv shall be under oath and shall be recorded. _ Forrnal rules of evidence shall not aooiv. however. fundamental due process shall be observed and shall govern ft oroceedinas. W1 The soecial master. the city attomev or the code ipso_ ector. and the alleged violator or counsel for the alleged violator. may inquire of. or a_uestion. anv_ witness testifirino before the special master. (e) The special master may exclude evidence which is .determined. by the special master. to be irrelevant. immaterial or unduly repetitious. All other evidence of a tvne commonly relied uoon by reasonably prudent persons shall be admissible. whether or not such evidence would be admissible in a court of law. Anv oart of the evidence may be received in written form. - Lf1 The Soecial Master may. for aood cause shown. oostoone or continue a hearitta• - Page 5 of 13 - - M Lgj At anv time pn ino or to a case be heard. an alleoed violator may enter into , N , stioulation with the Citv aareeino to anv matter. indudino but not limited to the follaw;w• M That the alleged violator has. in fact. committed a violation: or that A violation has occurred on the orooerty. M That the violation shall be cortected on or before a soecfic date. subiect to aooroval by the special master. The stipulation may be verbal or in writina. The stioulation shall be read into the record by the city_ attomev or code enforcement inspector and the special master shall issue an order in the form described hereinafter refiectino the terms of the stipulation. Sec. 2 -234. Burden of proof. At the a code enforcement J_J L.. aL:- conducted oursuant heanng Frfv�L.Gaf 1f/f vj %A 48-a 1�..�fa..f W tg this article, the burden of proof shall be upon the g t w.:c to show by�a preponderance of the evidence that a violation ; -- J --- exist6. Where proper Vf YI`. Ma aMSC.V Yi/�i.7 ,notice of the hearing has been provided to the alleged violator, as provided for herein, a Hearing may proceed even in the absence of the alleged violator. Sec. 2 -235. Recovery of costs. If the city prevails in prosecuting a case before the :, .` G� 1 VII; IGi 1L �ca1 V Y1 fYGI this- divisiert special master, it shall be entitled to recover all costs incurred in prosecuting the case � . ` � �c�l: and such costs may be inducted in the lien authorized tinder xetfe+r2 -•M herein. ! -- A df9La -t L - --- -- WV. A..A.IV. VVffYYVi Vf 114144154 IaIto. 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TM1� 111�i111YL.1 V/ YIG Wo1 V/ .7a■ a7alaGyiVY �aVff7il/l `al�.l �iialOilGt fG1�ia1G1i lV 0.7 Karl OKV1ifYj1 aillWVa WVv • -a'- L- -- - -��_J -... -- _L -- ..- -a_ --. - -. ...J - - -- I- -Z- aL .r L - ---j of ka aAVl ria Jf .Y�I 4/G 'i4f f l tflaGV �I Iy YUG V11 VI i.tafGVYV1 fa Q/ Il n1Y 1GJa 1%0 Y IG a/VQI V. t IM, L.. :-- - - -+ -� aL- __.-- - -J - -a G1 IIVI VG11 IGa ii .7a V 11 /D 1 aM Ir7fVGa W l IVa 7 1 a:.r7�ra 1aGV Y VWG t11J �rV \Vf .7 Y ai+ a W 1VGa a — j �-' -- - -� �-- - -- j - -J- F, 1 rVl a, -aL- -:a -- Vf a7.Ij VYaG`a n1Y .i�/i7r7. Page 6 of 13 VFIVSI YVaV 111 / / ■ImUV /t vi M1G W1mli F/G1VV /I, 111 V ■V�m113, 111O11m W /Im/ V1 Y11Vafs ' ,:_ �___ I V'/V YMaiYV `/�L�J �:IVG mzy VV G/aW VYrY, a/Va ml/ VUSVI Vi w ay" wl11111a/ll,j} 1W1VMN/ . ._ —�— L.. .......L1.. -- ._J. —• —���_� .— •L. �__J,.� ..l LL ..— .ter —'� .L -11 L. �.!_!_.:L1. '_ Y}rvl 1 V j 1 �-�a7Vl _°� 1y Fri j/V{ —y{ la "I'Wwl iV "I Y iG wi faivva V. Y ■VU 0114RAU .7 .71 Iwi YG VVi i ■ ■Wq /■�.i _.L ��L �� �— ��� � .L .:J. —�� ...� .lJ L. .1�] —�:L l� � a =.t :— _�_•_ - - 1\— �J �i aL� A11VU IG1 V1 i I\J\ I G V IVG■ Fowl. RVY1V VV mail I1,Va7Iww— Go m Y $ml 111 •7im\ar WYs a.a. rM ly F/ml a W Y ■e- GVIYai11VG slimy VG 111 vs11a ►GII fa01111. I IIor V ■Im1l 1 m.w7 IIIVII IVI Ys.0%"Z. lI iilm —....Y ♦L— - -J— L —_--j — Y - - -.. _& A.' -- ♦L. WsiVYSa Y1V wYV w\16V11/Vy ma wily U111G 1Ga mlYllly UIV mY111sai.7lY / ■1 \y ,rI G�IVVIIVV, V1 VYSrrs 1114Ql16►V1.7 IG1m aGV \V 161111 V■l,V1V�.11IV1l\ r1VVVGY111aJi . Sec. 2 -237fl. Findings; order. (a) At the contusion of the hearing, the N/: G1:1�:1t ; special master shall issue findings of fad, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted herein. The 1171Yii s.JV .7l,m,l YG V j 1 iIVUV11 mt/'/7 V.VV Vy w 11 ■ms..11lay Vt Y IV.iV sI1Vl1 Ia/V1 V F/i a.w■ la ms ew Va/Ulsm, �a aL —A —s. 1 ---. l —... s �L�� �z ALA L_—LJ .tea —A— .J.— L—.. AL_ —J"�'— V L- VAai■ —FA& Usm\ ma iaim.7a IVVI IIIVIIIYG,V V1 a1/V YVmlas 11 ■VVa orVaG Ili VlYG/ sVi Y1G waYVVls W UfV (b) The ai-:i:..-.:: special master's decision shall then _be -transmitted to the violator in the form of a written order including finding of fads and conclusions of law consistent with the record. The order shall be transmitted by certified mail to the violator within ten days after the hearing. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed and, under the conditions specified in section 2 -2358, the cost of repairs may be included along with the fine if the order is not complied with by such date. (c) A certified copy of such order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest; or assigns if the violation concerns real property, and the findings therein shall be binding - upon the violator, and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the ; special master shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance. Sec. 2 -2382. Administrative fines. (a) Whenever the a v: �1;1"o, �,o, special master's order has not been complied with by the time set for compliance, or if the same violation has been repeated by the same violator, the beard special master may order the violator to pay a fine not to excccd $250.00 for each day thereafter during which each violation continues past the date set for compliance or, in the case of a repeat violation, for each day the repeat violation continues, beginning with the date the repeat violation is found to have occurred Page 7 of 13 by the code inspector. In addition, the order may include all costs of repairs pursuant:tc_ � C'+ section -230. However, if - b a �,�•` �••..V...'G...Y..� fY the special master finds the violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000.00 per violation. (b) In determining the amount of a fine, the -ti.,; mks may consider the following factors: (1) The gravity of the violation; (2) Any actions taken by the violator to correct the violation; and (3) Any previous violations committed by the violator. The special master may consider any other factors pertaining to the violator or violation which it deems relevant and shall not be limited to the above recited factors. (c) The so_ ecial master may reduce a fine imposed "pursuant to this section. (d) In addition, if the violation is a violation described in section 2- 232(d), the `._, c—„ M special master shall notify the city council, which may make all reasonable repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this section. If a finding of a violation or a repeat violation has been made as provided in this article, a hearing shall not be necessary for issuance of the order imposing the fine. tf, after due notice and hearing, the .e z; `uzzmz � 'L � special master finds a violation to be irreparable or irreversible in nature, it may order the violator to pay a fine as specified in this section. Sec. 2 -23$9. Lien established. (a) The c` .. o..ti zc,- ,:, -,y code inspector or the difedeOa ins designee, may record a certified copy of an order imposing a fine in the public records in the office of the clerk of the circuit court in the county, for the city. Once recorded, the certified copy of an order shall constitute a lien against the land on which the violation exists, or if the violator does not own the land, upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment, including levy against the personal property, but such order shalt not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this division shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose Page 8 of 113 i i on a lien filed pursuant to this section, whit tmver occurs first. A lien arising from a line imposed pursuant to this section runs in favor of the city, and the city council may execute a satisfaction or release of lien entered pursuant to this section. (b) After three months from the filing of any such lien which remains unpaid, the may authorize the SAC y city attorney to foreclose on the lien. No lien created pursuant to the provisions of this section may be foreclosed on real property which is a homestead under section 4, Art. X of the state constitution. (c) Such lien shall be superior to all other liens, except liens for taxes, and shall bear interest at the rate of ten percent per annum from the date recorded. Sec. 2.23048. Duration of lien. No den provided under this division shall continue for a period longer than 20 years ___ after the certified copy of an order imposing a fine has been recorded, unless within ttiat . -. time an action to foreclose on the lien is commenced in a court of competent jurisdk:Ikx ._::7 In an action to foreclose on alien, the prevai 11in9 PaftY is entitled to recover all costs; including a reasonable attorney's fee, that it incurs in the foreclosure. The city councr1 $his be entitled to collect all costs incurred in recording and satisfying a valid Tien. The continuation of the Tien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. Sec. 2.2404. Appeal. Any aggrieved party, including the city, may appeal a final administrative order of the .e w; �aa. .j special master to the county circuit court. Such an appeal . shall not be a hearing de novo, but shall be a petition for writ of certiorari limited to appellate review of the record created before the board. An appeal shall be considered timely if it was filed within 30 days after the hearing at which the order was orally pronounced by the beerd soeaal master. The timely filing of an appeal shall not stay the accrual of any fines ordered to be paid pursuant to section 2 -2328. The city clerk may assess a reasonable charge for the preparation of the record to be paid by the petitioner in accordance with F.S. § 119.07. Sec. 2.241 -2. Service of notices. (a) All notices required by this division shall be provided to the alleged violator by certified mail, return receipt requested; by hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the city council; or by leaving the notice at the violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice. Page 9 of 13 M Proper notice is presumed where a notice of violation has been mailed to the last known, address of the alleged violator, or the mailing address of the property alleged to violation, by certified mail, and the alleged violator, his 0i bff agent, or other person in the household or business, has accepted the notice of violation, or refuses to accept the certified mail letter, or where a code inspector, under oath, testifies that he or she did hand deliver the notice to the alleged violator or an adult resident or employee of the business address or household. (b) In addition to providing notice as set forth in subsection (a) of this section, at the option of the :�.:� �. -: ��.,�.:�.,: ��a so_ ecial master.. notice may also be served by publication or posting, as follows: (1) . Such notice shall be published once during each week for four consecutive weeks (four publications being sufficient) in a newspaper of a general circulation in the county. The newspaper shall meet such requirements as are prescribed under F.S. ch. 50 for legal and official advertisements. Proof of publication shall be made as provided in F.S. §§ 50.041 and 50.051. (2) In Lieu of publication as described in subsection (b)(1) of this section, such notice may be posted for at least ten days in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be, at the primary muna ipal government office. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. (c) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mad as required under subsection (a) of this section. (d) Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (a) of this section, together with proof of publication or posting as provided in subsection (b) of this section, shall be sufficient to show that the notice requirements of this article have been met, without regard to whether or not the alleged violator actually received such notice. (e) This section shall not apply to notices of special meetings. (f) Notices shall contain at a minimum, the date, and time of the scheduled rr.=iing of the .,c ;a "_ �co special master during which time the alleged violator is required to appear, the name and address of the alleged violator, the address Page 10 of 13 or legal description of the property wherein the alleged violations have occurred; and those codes or provisions of a code for which the alleged violator has been cited. _�;=.L Sec. 2 -242. Procedure to Reauest that a Fine or Lion be Reduced: Conditions aaO+ Criteria therefore IM The owner of real orooerty against which a fine or Tien has been imoo- may cooly to the special master. through the city attomev or his/her desionee. for a satisfaction of said fine or lien with less than full oavment thereof. No such aoorkaffion shall be considered by the soecial master until the aoolicant has first shown the: (1) Ali ad valorem crooerty taxes. special assessments. city utility charges and other aovemment-imoosed liens against the subiect real oroierty haYe been paid. - 0 The aoolicant is not oersonally indebted to the City_ of Palm Beach Gardens for anv reason. Q All city code violations have been corrected. jI In considerina an acolication to reduce a fine or lien no satisfaction thereof. shall be aooroved by the special master with less than full oavment thereof. _unless the special master shall make a so_ ecifie findina that no violation exists gn ft subiect real RAC• - - LM The balance of anv fine or Tien that is reduced cv the so_ ecial master shall be- paid on such terms as acoroved by the special master. jM If the orooerty for which an aoolication for a fine reduction is being considered is owned by a aovemment or auasi- aovemment entity. the so_ ecial master mav_ reduce such fine even if the violation has nQt been corrected. Secs. 2- 24 ,23-2 -260. Reserved. lion 6. Section 2 -261 of the City's code of ordinances is amended such that is shall read (underline is addition; sthkeettt is deletion): In lieu of and as an altemative to the procedure before the eede c.. Z-.. Ica, � special master, a code inspector ... Page 11 of 13 Sec3ion.Z: If any section. paragraph, ventence, clause, phrase, or word of this ordinance is for any reason held by the court to be unconstitutional, inoperative. or void, such holding shall not affect the remainder of this ordinance. X18: The provisions of this ordinance shall become and be made a part of the code of laws and ordinances of the City of Palm Beach Gardens, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate wont. Section 9: All ordinances or parts of ordinances previously adopted which are in conflict herewith, including, but not limited to Section 2 -1 of the City Code, are hereby repealed to the extent of such conflict. Section 10_ The provisions of this ordinance shall take effect immediately upon its 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 COUNCILWOMAN LINDA MONROE VICE MAYOR LAUREN FURTADO ATTEST: LINDA V. KOSIER COUNCILMAN ERIC JABUN COUNCILMAN DAVID CLARK APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY Page 12 of 13 VOTE: AYE ikAY :,ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILWOMAN MONROE _ COUNCILMAN JABLIN _ COUNCILMAN CLARK N8T0FMloWA.00mis oak Page 13 of 13 CITY OF PALM BEACH GARDENS LAND DEVELOPMENT REGULATIONS GLITCH LIST Department Responsible 5. Section 114 -71. Required subdivision improvements. Subsection (A) should read: Platting prior to completion of subdivision improvements. When platting is proposed prior to completion of construction of required public grid private infrastructure improvements, the applicant shall P&Z P&Z P&Z P&Z submit a surety to the City in a form, and in an amount acceptable = ` to the City, so as to guarantee the required site landscm-nm9L entry - feature, and public infrastructure im roV c uaw�suua- a ;n;o`vic pn4 s r - -- - -- - - - •- -2 -- w Huai a�ia- � �u� i cyuu v-u Fuuua, auu F" ivair, proposed for development, including applicable fees. Any surety provided shall be in an amount equal to one hundred ten percent (110 %) of the laid of <« imorovements. 6. Chapter 114. Subdivision. Division 9. recreation dedication requirets ne park and and nevi 7. Section 11848. Conditions" Uses.' Add a subsection outlinin '.:. e . r for a the notification of surrouperty owners at least 10 days prior to the pucg. Also, add a subsection requiring a workshop meeti " °` ? Od onal use prior to a public hearing. <; 8. Section 11842. pcess. Su "'~ ns (b) Planned Community :rp (c) limned �y .:...:.;.v::..:<:,,.<.::.:.ai. P Unit Development district rezog. Theslr tEiild be amended to include an PCD and? ankeidmert press. Add site plan review within a PUD::161o1cess. 9. Section 11 Section should include an plan Section 118 -246 - Chart of Permitted Uses. Shooting Ranges/hunting clubs are not included. Therefore, the Bonnett Hunt Club is a non - conforming use. Office use, including medical and dental, is not shown as a permitted use in the CN, Neighborhood Commercial District. Pawn shops were previously allowed as a special regulated use in P&Z P&Z, Eng. 13. 14. the CG -2, Intensive Commercial District. However, this use is not currently listed. Consignment shops are not currently listed. Boat repair is not listed as a use. Helicopter pads are not currently listed. Restaurants are listed, but a may be desirable. This may. supplementary regulations:;:; Adult Congregate Living > Section 118 -281. Parkwaya be be updated to reflect F46 Article V. Suoole >t An ACLF scion shou uses in th'RH iiii A sect o='pertaWmi —ja to erg tts Residential outbuildings should be included. 3grams should be revised to reflect County policy Clear Zones. P&Z : ...:; Sectia41<.1'$ -474. Construction and maintenance. Subsection (7) Pr i <ent tle d, olubition of Other Uses P should be separated into two (7) Prohibition of Other Uses. Required off-street parking areas shall not be used for the sale, repair, dismantling, or servicing of any vehicle (excluding personally -owned vehicles), equipment, materials, or supplies. Prohibition of Vehicle Advertisement. Vehicles including; but not limited to, truck, vans, and automobiles with business signage shall not be parked in the off-street parking areas for the purpose of advertising the business. Such vehicles shall be parked in the off-street parking areas in the rear of side yards so as not to be directly visible from any public street right -of -way. P&Z 16. Section 118474. Construction and maintenance. The following sentence should be added to the end of Subsection (5): Sufficient off-street stacking distance shall be provided between the street and the nearest intersecting drive aisles. P&Z, Eng. 17. Section 78 -2. Definitions. The word "Alley" is defined but The following definition for `B< A map or delineated .rep developed without; exact representation <of1 applicable laws of tW.: placed in the official rec Boundary Plaj a*W jnch ition of a paw so be of lands, be4s€ O"Iete rel as required by the Florida and which has been `P..Peach County. The ';limited to, the The following definition for "Public Infrastructure" should be added: All utilities, drainage- and/or surface water management systems, roadways, sidewalks, and/or pathways, recreational facilities, and related appurtenances that are available for use by the public or constructed to serve a public need, regardless of the ownership of the infrastructure. The following modification should be made to the "Subdivision" definition: Subdivision means the division of land, whether improved or unimproved, into two or more contiguous lots or parcels of land, designated by reference to the number of symbol of the lot or parcel contained in the plat of the subdivision, for the purpose, whether immediate or future, of transfer of ownership or, if the establishment of a new street is involved, any division of the parcel. However, the division of land into parcels of more than five acres Winvolving the need to create any new access. 6anste_0' sting access, public easements, utilitv ems' or oµbfic infrastructure improvenifts any ' *'ti ' - ` A"JOUZ - �uvii� �aac►u�iva va:!riaaav�v�a nst�ar<t;deemed a subdivision within d?oe meaning these' 4tns. T `' term includes a res bdivisio -i- d, when a fi -the context, relates to fireess of subdividingiie land subdivided. The definition of "Family'"shoul 1'red in order to be consistent with the moa> accent case` «r> The definition: fegal :shall readas follows: Legataccess means's' or recorded right -of- -way, lar.W place, fey or ems;: excluding utility or drainage easements :affording perpetual ingress and egress from a r... subject property to a public thoroughfare, and r,cz :e owing de " for "Hatracking" shall be included: Hatrackng means to flat -cut the top and/or sides of a tree, severing the leader or leaders, internodal cuts, or pruning a **by stubbing off mature wood larger than three (3) itches in diameter; or reducing a mature tree's total circumference or canopy spread by one third (1/3) or more. References to contractors shall be removed as the City is bound by state and county law concerning contractor licensing. Eliminate the definition of "construction cost." 18. Section 98 -67. Residential districts. - creation of a new subsection (f) which should read: Landscaping shall be required, as applicable, in adjacent right -of -ways, medians, and shoulders in accordance with all transportation regulations. City Forester 19. Section 98 -66 and 98 -67. Minimum landscape standards for residential and non - residential districts. Minimum standards for the 27. The Concurrency Management section of the LDR needs to be revisited to address the requirement for an annual report of building permits. P &Z 28. The LDR should be revised to reflect the organization change to a Growth Management Director and a Growth Management Department. preservation of existing vegetation shall be on a case by case basis. Total removal of all native vegetation is not an option without demonstrating undue hardship caused by the preservation. City Forester 20. Section 98 -103. Tree and plant installation. Subsections (d) and (e) should be put under the pruning section of 98 -104 as,.:.( and (b). City Forester 21. Section 98 -72. Planting. Subsection (f) 11 eWded the description that service areas.r:inclucys associated with full service gas stations, fire repair, aw smesses, cu. Subsection (r) shall be WOO, incline: Outside' ���.. �`:: areas should have the apprs screening for the d use. The minimum screening req be 30" tall hedges. P&Z 22. Revise the Natural Resources and entally_Sensitive Lands Code pursuant to Jarrles:SEhnelle's x`>961etter to Kim Glas- Castro. Admin. >`;:: ; 23.. Sign Code cession 27. The Concurrency Management section of the LDR needs to be revisited to address the requirement for an annual report of building permits. P &Z 28. The LDR should be revised to reflect the organization change to a Growth Management Director and a Growth Management Department. LN P &Z P&Z K!, 30 31 Code Enforcement 32. P&Z 33 Code Enforcement 34. Code Enforcement 35. Add a new category under the uses for large -scale (high occupancy) churches versus smaller churches. Also adding a section in the Supplementary Regulations concerning allowable accessory uses for churches. Section 118 -305. Dumpsters. Should be revised to include and encourage recycling bins. A Section needs added to the LDR addressing anowition of properties into the City and the;rezoning `:} properties. '•S,C:'i':`QS. `:0: ?iii: "�:' A provision shall be added `e LDR ta' trt tios to vdp owers for development or-ers and coi e Enforcement Officers. E Section 118 -11. Administ►a dments to approved development plans. Subsectionl: tip ld be amended to read: ..: _:.. (7) Any it1C in tra -r,--," ":: "" ` ° h xceot as tmrvided in The list a `of prohibited iterns'.within rights -of -way should be more clPariv 3aFi"OA CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: October 1. 1998 Subject/Agenda Item: Item For Discussion - Lake Park's Request RE: De- annexation Recommendation/Motion: Staff is seeking Council input on this matter. Reviewed by: Originating Dept: costs:: 0 Council Action: Total City Attorney NA Planning Division ( ] Approved ACM $ 4 I ] APProved w omauar Current FY Other N/A I ] Denied Advertised: Funding Source: [ ] Continued to: Attachments: Date: I ] Operating Paper. [ x ] Not Required [ ] Other N/A Submitted by- /I Grc tivth i or Affected parties [ ] Notified Budget Acct#: [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: Lake Park Mayor Will Wagner has requested that the City de -annex the 16 -acre parcel south of Northlake Boulevard, east of the C -17 canal, as well as the C -17 canal itself and the unimproved Silver Beach Road right -of -way (letter dated September 22" °). The 16 -acre parcel currently has two city land use designations, Industrial on the westem section which is improved by L&D Nursery and Commercial on the eastern section which is vacant (see map for subject properties). The Town of Lake Park held a planning charrette for its western area in April. The result was a mixed -use conceptual master plan (attached). The Town feels that the two properties along Northlake Boulevard, which will lie on either side of the future Congress Page 2 De- Annexation Request Avenue intersection, constitute the entrance into western Lake Park and their newly planned area. The Town would like for these properties to be under their land use authority so that they may better direct the type and aesthetics of any development, as well as create an entry feature into the Town of Lake Park at the intersection. As a piece of historical information, the Town had requested the canal and road rights - of -way to be annexed in 1991 so that Lake Park could undertake additional annexations to the west of the canal. The City had verbally responded that if the Town wanted to undertake all of the legal footwork and pay for all costs associated with the process, the City would approve of the de- annexation through any needed Council actions. (See letter dated February 22, 1991 from J.A. Jurgens.) For a reason unknown to us the Town never proceeded with the de- annexation work. Staff has evaluated the properties which are the subject of the Town's de- annexation request. The canal and road right- of-way are not taxed and do not bring any revenues to the City. The 16 -acre parcel is partially improved and currently brings the City approximately $7,000 in tax revenues according to property appraiser records. The property requires little service from the City and does not generate much call volume according to the police and fire departments. When the property develops to its full potential it will generate additional revenues for the City. Staff does not feel that the City has anything to gain from de- annexation. In fact, from a' service perspective it may be better to control land on both sides of roadway so that there are no jurisdiction issues due to the road serving as the boundary line. Additionally, the City is able to effectively influence the aesthetics of new development when it does occur and can require additional landscaping at the Congress /Northlake intersection thereby creating an entry feature consistent with the Town's vision. Staff is seeking Council direction on how to respond to the Town of Lake Park. ':? c`4 'ge 04 :32PM PPM BEACH G1?Derz September 22, 1998 Mayor Joseph Russo City of Palm Beach Gardens 10300 North Military Trail Palm Beach Gardem FL 33410.4698 Dear Mayor R so: I want to bring up iaw that is of great tatetest to the Town of Lake Paris. As you probably know, the Town has been active in promoting the development of the MacArthur property on the west side of the Town in a Traditional Neighborhood Design. Staff and I have met with the MacArthur Foundation and shared our vision with them sad the Rockwood Realty group. We wed the concepoW master plan for the aces that was developed by the Treasure Coen Regional Pt*n,i,a Cove following our plaamag charrette in April. In hart, the plan has been included in the marketing iofocmatioct pecitet CD-ROM produced by Rockwood We are also working closely with George Webb, Palm Hach County Engineer, m developing a 4-lane cross section design of the Congress Avenue extension which will be compatible with the master plan. Obviously, the Town is quite enthusiastic about the fawn development of its western area. The entrance to our western ants from Northlake. Boulevard will be paramount in creating the image we desire for the area and in esmbBshing the marketability of the area Unforttmately for the Town, the nn. thermaost 16 -acre parcel of this area, just east of the C -17 Canal, lies within the City of Pales Beach Gard. In addition, the eattire ksngth of the G 17 Canal on the west side of Lake Park, lies within Patin Beech Gardens. And finally, a long, narrow strip of land that eutends west from the present western terminus of Silver Beach Road is also in Palm Beach (hardens. Essentially, these are several awkward c onWons of the City that surrmund Lake Park and significantly and adversely affat the Town's ability to chat its own future course. I would like to meet with you to discuss the possibility of the City de- atunexing these parcels and allowing the Town to annex theta. This would permit w to square off our western and southern borders and plats out own destiny. I will call you in the next few days to see if we can arrange a meeting. Sincerely, William H. Wagner Mayor SS-6 A44 JAWN04 ZX& 9M4 9k%W0 JJ40J • (5$4) 84"46V • go= (56V) 84 8 .Oj SEP 24 '99 04:32PM PILM BEFCH GPM" P.2 cc: Palm Beach Gardens City Council We Park Town Commission Karen Marcus, County Commies' Terry Leary Town Manager, Lake Park Bobbie Hcmkcmch, City MatiW, Patin Each Gardens Dale 9mitk-MwAtthur Fo uWation Michael SWOM Treswe Coast Regional planning Council /,i �a t Li 707 TOW �asNec JONES, FOSTER, JOHNSTON & STUBBS, P.A. ATTON&TVS AND COUNSELORS FL.AR M CENTER TOWER ON 90U' M PLAOLER DRIVE ELEVEW M FLOOR P. O. DRAWER E WEST PALM SEACM. FLORIDA 73402 -3475 (407) 050^_ == FAX (407)x32 -1434 LARRY L ALAXANOER VSCENT.L ALTINO aeon=" am AT ReV1N G eiUTTe1MULLE91 MICHAEL 06 NOW" RUTH P. CLEMENTS SOOT" M.COLTON JOVCe A CONWAY MMOANCT L ODOM ATRON R COMrtrELL F0=CCA a. OOANE PANOY LL GUAM L MARTIN PLAHAOAN SCOTT A LDO L H OILS AN SOOrT M HAWMHS THORNTON M. HENRY PATER S. HOLTON REA[CCA P. HUHTA MARK L NUMNFELO CHARES L KOVAL MICHAEL T. RRAN2 JOHN M. L.IOUS JOHN St AM M.CRACIIAN PAMELA A MwOr/ET TIMOTHY IL MoNAOHAN QUTAASWNAU JOHN C. RM!^_�?�!H PAULA REVENS ANOMW BOAS STEVEN J. ROTHMAN PETER A SACHS ANOFKA.L AAFIQO JOEL T. STRAWN SEINEY A STUSAA. JIL ALLEN IL TOMI WM JOHN L TFIMPSR SANOT M. VANSTRIM MICHAEL P. WALSH H. ADAMS WEAVER PAUL C. WOVE MARC S. WOOLS rPtli-Xalry 1111 1 i991- WRITER'S DIRECT UNE Rich Walton, Director of Planning & Zoning City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 RE: Deannexation of Canal and Silver Beach Road Right -of -flay Dear Mr. Walton: IL SRIICA JONES 11041r mom F. LLIeNTNAL tom"ISe HARRY AL IAACH JOHNSTON ttl6lftl RETEKO WALJAM A POEM OTHER LOCATION !� ILL FOURTH AVL OELRAr MACH. PUXWAAttu 8: U2.5 Ck Please be advised that I communicated your most recent information_ regarding annexation issues to Mr. George Long, Town Manager for:' the Town of Lake Park. It was decided that at this time, the Town of c_ee :.w £%e eiation 4discussyl �k� -.Park_dqsire� `t� n. the Mayor of the City of Palm Beach Gardens at our recent meeting. More specifically, the Town of Lake Park would like_�;to'- annex_Ahe-, som�rn each -Ro..d 3niddio of Lake Park would like to annex the ° rgiit- of =wayof aSilver :Beach Road currently included within ;the municipal:- limits. of. the City;of0 Palm .Beach -Gardens. If the deannexation request is acceptable, please provide the Town Manager the appropriate application and /or forms to be executed by the Town of Lake Park to effectuate the deannexation. Thank you in advance for your attention to this matter. If a meeting needs to be scheduled to further discuss this issue, please advise. As always, please feel free to call with any questions or comments. I Rich Walton, Director of Planning & zoning RB: Deaaamtion of Canal and Silver Beach Road night -of -way February 22, 1991 Page 2 Sincerely yours, JONES, FOSTER, JOHNSTON & STUBBS, P.A. 4A.J en Es quire cc: Belinda Baldwin, Mayor, Town of Lake Park George Long, Town Manager Timothy E. Monaghan, Town Attorney Jlu:I 3\jatcon. to JONES, POSTER, JOHNSTON & STUBBS. P.A. m a c m n �O la -i m^ Yl 0 Z a r r a Z Z_ Z r: C Z n r .. ;� �I �� 'mil. %'� >..aa.- ...�- ... • - . .. ��' fillc All F air's i l %......cs8t yI �ffi �JE • L -�� a �� t!��+ Y Y 1 � a�a I a 2t G a I OR 'J 1w C Eli Si i v 1 n I- i> RAPS A �P a 2P ash ;d2 "!diF!w 3 F! 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