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HomeMy WebLinkAboutAgenda Council Agenda 070298All those wishing to address the City Council need to complete the necessary form (supply located in back of Council Chambers) and submit same to the City Clerk prior to the meeting being called to order. CITY COUNCIL CITY OF PALM BEACH GARDENS REGULAR MEETING JULY 2,1998 7:30 P.M. PLEDGE OF ALLEGIANCE II. ROLL CALL: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilman Councilman Eric Jablin, Councilman David Clark and Councilman Sabatello. III. ANNOUNCEMENTS: Friday, July 3, 1998, - Administrative Offices will be closed for Independence Day. Monday, July 6, 1998, 7:00 P.M., Code Enforcement Board Tuesday, July 14, 1998, 7:30 P.M., Planning and Zoning Commission IV. CITY MANAGER REPORT: V. PRESENTATIONS: VI. AWARDING OF BIDS: VII. ITEMS BY MAYOR AND COUNCIL: VIII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda) (Please submit request card to Clerk prior to this Item) IX. CONSENT AGENDA: 1. Approval of June 18, 1998, Minutes of the City Council Regular Meeting 2. Resolution 58, 1998 - Consideration of Approval of an Agreement Between the City and the Palm Beach Gardens Youth Athletic Association. r : d Resolution 60, 1998 - Consideration of Approval to Appoint Voting Delegates for the 72n Annual Florida League of Cities Conference. 4 Resolution 61, 1998 - Consideration of Approval of an Interlocal Agreement Between the Palm Beach County School District and the City of Palm Beach Gardens Parks and Recreation Department. 5. Resolution 62, 1998 - Consideration of Approval of an Easement Agreement Between the City and the MacArthur Foundation. 6. Resolution 67, 1998 - Consideration of Approval for Disposal of Surplus Assets 7. esol 'on 6 , 1998 - Cons' ation of Ap al of the ate A L cap la %nd u ri ' an ct e' an er to to o An eem with e FD X. PUBLIC HEARINGS: XI. RE$QLUTIONS: Resolut'o 51, 19 Consi.deration of Approval to Authorize and Direct the Mayor and City Clerk CJAr} to Execute a Warranty Dee.d to Palm Beach County to Convey Right -of -Way Necessary to Install a Right Turn Lane on Military Trail at the Intersection of 60 Burns Road. Resolution 54, 1998 Consideration of Approval of a Site Plan and Temporary Conditional Use for 4&0 acement and Use of One Modular Unit at Nativity Lutheran Church. Resolution.56, 1998 Consideration of Approval Providing for the Appointment of Three (3) &X1&20= Members to the Beautification and Environmental Committee. S-4 Resoilulion63,1998 Consideration of Approval of a Site Plan for a 117 Unit Hampton Inn Hotel on ' , _ �,o� Pthe x ; of R ulevard Center. 1 , 1 99 Consideration of Approval of a Concurrent Application Procedure for a Comprehensive Plan Amendment and A Planned Unit Development Concerning Lands Located on the South Side of Idlewil.d Drive and North of the Soverel Marina, known as " Soverel North ". XII. ORDINANCES: (For Consideration of First Reading) 4 + S diboe4,1998 Providing for Amendment of the Comprehensive Plan of the City of Palm jBeach Gardens. (Workshop /Consi.deration of First Reading) Ordinance 14, 1998 Providing for Amendment of the Site Plan Known as Woo.dberry Lakes, by -PO f- Creating a 10 -Foot Wide Easement Along Properties A.d acent to PGA 5-0 % Boulevard to Establish a "Gardens of Woo.dberry" Buffer, Including a Wall and Landscaping. (Consi.deration of First Reading) XIII. ITEM OR UNCIL ACTION: 1. Sidewalk Link to Military Trail From New City Hall/Police Station XIV. ITEMS FOR DISCUSSION: 1. Development of Howell Drive Parcel by Christ Fellowship Church . S,5 a� 46 XV. CITY ATTORNEY REPORT: N"- CTU/j'1 XVI. ADJOURNMENT. In accordance with the Americans with Disabilities Act and Flori.da Statute 86.26, persons with .disabilities needing special accommodations to participate in this proceeding should contact James Waldron, Jr., no later than 5 .days prior to the proceeding at telephone number (407) 775 -8255 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or (800) 955 -8700 (VOICE), for assistance. If a person ddeci.des to appeal any .decision made by the Council, with respect to any matter consi.dere.d at such meeting or hearing, they will need a recor.d of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the procee.dings is made, which record includes the testimony and evi.dence upon which the appeal is to be base.d. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING JUNE 18, 1998 The June 18, 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 Deputy 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 David Clark, and Councilman Carl Sabatello. Chair Pro Tem Eric Jablin was absent from the meeting. ANNOUNCEMENTS Mayor Russo stated the announcements were as posted. CITY MANAGER REPORT City Manager Herakovich announced a contract for the municipal complex had been signed and a notice to proceed had been issued. The City Manager requested permission to advertise the Woodberry Lakes application for a wall for 7/16/98, which was granted by consensus. City Manager Herakovich announced automatic aid agreements had been activated in an emergency situation by the State for fighting fires and as part of that agreement the City had sent two firefighters and a brush truck to Flagler County, Florida, for a 12 -week commitment. The City Council granted a request by Parks and Recreation Park Master Planners for a workshop to be held before a regular City Council meeting no later than August 6, 1998. City Manager Herakovich advised residents could call the State Highway Patrol to learn the status of closed highways because of the fires in the northern part of the state. Y PRESENTATIONS - - - Western Northlake Corridor Study Growth Management Director Roxanne Manning introduced planners responsible for the study Aimee Craig and Kathy Girard (PBC), Sharon Jackson (WPB), and Kim Glas (PBG). Sharon Jackson provided an introduction regarding the joint effort by the government entities to conduct the study. Ms. Glas reviewed objectives which were established; Ms. Craig summarized the study's recommendations; and Ms. Girard reviewed commercial recommendations, transportation roadway network, and CITY COUNCIL REGULAR MEETING, 6/18/98 2 governmental coordination. Growth Management Director Manning recommended that all three participants adopt the final recommendations for their Comprehensive Plans and develop interlocal agreements between the three, including establishment of a joint review for any land use changes, and joint review and comment for zoning changes. Vice Mayor Furtado stressed the need for industrial areas to create jobs within the north county area and Palm Beach Gardens. A request was made that further study include determination of the amount of acreage around the airport available for industrial use, softening the corridor with landscaping, setbacks, etc., enlarging the water catchment area, possible annexation of the airport into the City, and possible inclusion of State Road 7. Growth Management Director Manning discussed the changing character of industrial land uses. Mayor Russo recommended delay of actual expansion of the City west of Beeline Highway. Former Councilwoman Linda Monroe provided comments regarding the report. "Buy Into the Gardens" Beth Ingold, Public Relations Officer, reviewed the "Buy Into the Gardens" program and items included in the packet provided, including brochures, order forms, and the City Line Newsletter, and explained that the program would begin with the groundbreaking ceremony. Mayor Russo requested a legal determination on whether donations to this program would be tax deductible. AWARDING OF BIDS Auditing Services Councilman Clark made a motion, seconded by Vice Mayor Furtado, to approve the awarding of the bid for Auditing Services to Nowlen, Holt and Miner for a 4 -year period in the amount_of $129,500. The motion was unanimously carried by vote of 4 -0. Imaging Equipment Vice Mayor Furtado made a motion, seconded by Councilman Clark, to approve the awarding of the bid for Imaging Equipment to Microforms Management Corporation, Palm Beach Gardens, in the amount of $22,208. The motion was unanimously carried by vote of 4 -0. ITEMS BY MAYOR AND COUNCIL Vice Mayor Furtado Vice Mayor Furtado reported the Palm Beach County Commission had approved on first reading the design phase for the extension of Congress Boulevard from Northlake Boulevard to Al A. CITY COUNCIL REGULAR MEETING, 6/18/98 Mayor Russo Mayor Russo requested a report on the golf course and planning for a possible transition of management at expiration of the current contract, including extending the current contract until an RFP could be formulated and an evaluation done on current management. Discussion ensued regarding whether City Council should be consulted each time before an RFP was done. The City Manager commented that a draft report on the golf course was in process. Vice Mayor Furtado requested staff provide memos to the City Council listing upcoming major items coming up for RFP. COMMENTS FROM THE PUBLIC Ted Frank Ted Frank, 8964 Lakes Blvd, Ibis, commented on a proposed Palm Beach Gardens annex post office distribution center next to Ibis which would not be for public use, as well as proposed apartments in that area which were not mentioned in the Western Northlake Corridor Study, and requested that the City Council not make exceptions to density. Kim Glas reported the post office was currently going through the state approval process and the proposed site was unincorporated with services desired to be provided by West Palm Beach. Roger Blangy Roger Blangy, 11658 Hemlock Street, requested the outcome of three letters he had sent regarding microsurfacing, to which the response was that information was still being collected and staff inclination was to do a test surface rather than the whole contract. Councilman Sabatello stated he was not in favor of this system but was in favor of a test road being microsurfaced for a period of time. The City Manager advised that retraction of the approved bid would be presented to the City Council. Joan Altwater Joan. Altwater, 9180 Cypress Hollow Drive, commented on the draft update of Ordinance 13, 1998 and expressed support of the section -- — _ - regarding operation of golf course maintenance equipment prior to 7 a.m., and requested additional language to mandate warning devices for approaching inclement weather and to allow construction equipment operation on Saturdays after 8 a.m. rather than 7 a.m. Enrique Rodriquez Enrique Rodriquez, 3915 Flag Drive, explained he had appealed to the City for relief from noise caused by his neighbor in the early morning hours running a commercial business from his home, and had recently learned that the City had granted a waiver allowing the CITY COUNCIL REGULAR MEETING, 6/18/98 4 commercial business to continue. Growth Management Director Roxanne Manning responded that the neighbor with the commercial business, Mr. Groce, had been cited for inappropriately storing his commercial vehicle and was found by the Code Enforcement Board to be in violation of the code, however, a waiver was granted allowing Mr. Groce to keep his vehicle in his front yard. A formal complaint had now been filed with the Code Enforcement Board regarding the noise issue, and a police officer had been designated to visit the property at 5 a.m. to determine whether there was a noise violation. After discussion, Vice Mayor Furtado suggested that community policing be given a chance to work in this case, and other comments were that staff had learned from this situation, that future waivers should be subject to conditions, and that City boards would be educated regarding any new ordinances under which they would be asked to make a decision. The City Manager advised staff was already in the process of responding to Mr. Rodriquez's complaint. CONSENT AGENDA Vice Mayor Furtado made a motion, seconded by Councilman Clark, to approve the Consent Agenda. The motion was unanimously carried by vote of 4 -0. The following items were approved on the Consent Agenda: 1. Minutes of 5/28/98 City Council Special Regular Meeting. 2. Minutes of 6/3/98 City Council Special Regular Meeting. 3. Minutes of 6/4/98 City Council Regular Meeting. 4. Proclaiming July as Parks and Recreation Month and 7/12- 18/98 as Therapeutic Recreation Week. 5. Resolution 53, 1998 - Consideration of Approval of Golf Estates Villas Replat. 6. Resolution 57, 1998, Consideration of Approval of Plat of Palm Beach Gardens Christ Fellowship Church. PUBLIC HEARINGS: Ordinance 11, 1998. Mayor Russo declared the Public Hearing open, which was duly advertised 6/3/98, and held on the intent of Ordinance 11, 1998, providing for amendment to Section 38 -88. Sub - Paragraph (a) Entitled "Codes and Standards Adopted" of Chapter 38 of the Code, Entitled "Fire Prevention and Protection ", To Add a Reference to the National Fire Protection Association Life Safety Code." CITY COUNCIL REGULAR MEETING, 6/18/98 5 There being no comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Clark made a motion to place Ordinance 11, 1998 on second and final reading by title only, seconded by Vice Mayor Furtado and unanimously carried by vote of 4 -0. The Deputy City Clerk read Ordinance 11, 1998, by title only, on second and final reading. RESOLUTIONS: Resolution 46, 1998 Following explanation by staff regarding how the roadway improvements were triggered and that surety for roadway improvements was a letter of credit which was renewed annually, discussion ensued regarding procedure for the letter of credit. Mayor Russo declared the Public Hearing open, which was duly advertised 6/11/98, and held on the intent of Resolution 46, 1998, providing for Approval of a Site Plan for the Construction of an Office Building on 4.68 acres on a Portion of Lot 10 and all of Lot 11 of South Park Center within NorthCorp PCD. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Clark made a motion to approve Resolution 46, 1998, seconded by Vice Mayor Furtado and unanimously carried by vote of 4 -0. RESOLUTIONS Resolution 52, 1998 Finance Director Kent Olson introduced Resolution 52, 1998, and responded to questions from the City Council. Councilman Clark made a motion to approve Resolution 52, 1998, Authorizing the Issuance of the City's $4,400,000 Aggregate Principal Amount General Obligation Bonds, Series 1998; seconded by Vice Mayor Furtado and unanimously carried by vote of 4 -0 Resolution 54, 1998 Principal Planner Marty Minor reviewed the staff report regarding Site Plan and Temporary Conditional Use for the Placement and Use of One Modular Unit at Nativity Lutheran Church and advised that staff recommended approval with conditions. Concern was expressed by City Council regarding setting a precedent with one entity requesting a temporary modular unit on property owned by another entity. Sandy Mayer, representative from the Renaissance Learning Center, explained the school's mission and method of operation. Jennine Sapperstone, Pastor of Nativity Lutheran Church, explained the partnership relationship between the two entities, and that the church was planning future construction of a permanent facility on this site. Verification that the church was a CITY COUNCIL REGULAR MEETING, 6/18/98 M co- applicant and submittal of a plan for what would happen at the end of the two -year temporary period were requested, as well as documentation showing aesthetics, to be presented at the July 2, 1998 City Council meeting. City Manager Herakovich announced Vice Mayor Furtado had left the meeting because of a family emergency. Resolution 55, 1998 Principal Planner Marty Minor reviewed the staff report for two proposed office buildings to be known as the Fairway Office Center located within the PGA National PCD, for which staff recommended approval with five conditions. Attorney Ray Royce, attorney representing the applicant, responded to points raised by City Council members regarding the location of the project in proximity to the lake, the pedestrian walkway, and building heights. Because of concerns with the walkway location, Neil Merin, representing the petitioner, proposed that if permission could not be obtained from FDOT to place the walkway in the right -of -way, that the existing sidewalk along Avenue of the Champions north of the exit out would be eliminated, and the wood chip walkway would be converted to a 5' wide concrete sidewalk. In response to Councilman Sabatello's concern regarding lack of documentation showing how the buildings would relate to each other, Growth Management Director Manning explained that application requirements were currently being changed to require 3- dimensional elevations. Applicant was requested to provide a walkway connection where pedestrians would naturally cut through. After discussion regarding covered parking, applicant withdrew that item for separate consideration at a later date. After further discussion, it was the consensus of the City Council to postpone consideration for approval of Resolution 55, 1998, to the July 2, 1998 City Council meeting. CITY COUNCIL REGULAR MEETING, 6/18/98 7 ADJOURNMENT There being no further business to discuss, upon motion by Councilman Clark, seconded by Councilman Sabatello, the meeting was adjourned at 11:30 p.m. APPROVAL: MAYOR JOSEPH R. RUSSO VICE MAYOR LAUREN FURTADO CHAIRMAN PRO TEM ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST: CINDY HARVEY, DEPUTY CITY CLERK RESOLUTION 58, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING A ONE YEAR AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS AND THE PALM BEACH GARDENS YOUTH ATHLETIC ASSOCIATION FOR USE OF CERTAIN RECREATIONAL FACILITIES; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City owns and/or operates and maintains certain athletic fields and buildings within the City intended for recreational purposes; WHEREAS, the City Council of the City of Palm Beach Gardens desires to enter into a written agreement to allow the Palm Beach Gardens Youth Athletic Association to use these athletic fields and buildings for recreational purposes; and WHEREAS, the Palm Beach Gardens Youth Athletic Association wishes to conduct various administrative functions along with practices, leagues and tournaments for boys baseball, girls softball, inline hockey and girls basketball. .'rT -T! llTTtT !lr, COMMENTS FROM THE PUBLIC REQUEST TO ADDRESS THE PLANNING & ZONING COMMISSION Please Print Name: Address: City: .Il Subject:: Members of the public may address the Planning & Zoning Commission during the Public Hearing portion of the agenda. This Request must be delivered to the Secretary prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Resolution 58, 1998 Page 2 of 2 VOTE: AYE NAY ABSENT COUNCILMAN RUSSO COUNCILWOMAN FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date:—June 15, 1998 Subject/Agenda Item: Approval of one year agreement with Palm Beach Gardens Youth Athletic Association for use of city facilities. Recommendation/Motion: Approve the one year agreement between the Palm Beach Gardens Youth Athletic Association (PBGYAA) and the City for the use of certain recreational facilities. Reviewed by: Originating Dept: Costs: $ Council Action: Total City Attorney Parks and Recreation [ ] Approved Finance $ [ ] Approved vacmwftns Current FY ACM [ ] Denied Advertised: Human Res. Funding Source: [ ] Continued to: Attachments: Other Date: [ ] Operating Paper. [ ] Other I. Memo from Parks and Recreation Director. [ x ] Not Required 2. Copy of agreement Submitted by: Sue Miller, Department Director Affected parties [ ] Notified Budget Acct#:: [ ] None Approved by: City Manager [ ] Not required MEMO PARKS AND RECREATION TO: Bobbie Herakovich, City Manager FROM: Sue Miller, Director, Parks & Recreation _��rq DATE: June 15, 1998 RE: PBGYAA Agreement Staff, along with the City attorney, have completed the attached agreement, signed by the executive board members of the Palm Beach Gardens Youth Athletic Association, which stipulates the procedures the PBGYAA must follow in order to use certain recreational facilities under the jurisdiction of the City. Specific highlights of the agreement include: - The City and PBGYAA have adopted a youth sports calendar which will begin to alleviate the problems of sports seasons overlapping each other. - The City and the PBGYAA have adopted a participants code of conduct which specifies certain penalties for conduct detrimental to the program. - The PBGYAA agrees to conduct an annual audit, by and independent party, and provide the City with a copy of the audit. - The PBGYAA will require that all officers, board members, managers, coaches and assistant coaches complete the National Youth Sports Coaches Association certification program. - The PBGYAA will also have all of the above named complete an annual criminal background check. 7. The PBGYAA will collect $15.00 from each non - resident participant. per sport, and forward the same to the City within 30 days of receipt. At this time the agreement needs the signature of the City Manager and the Mayor, for final presentation to the executive board. If you have any questions, I am available at your convenience. PALM BEACH GARDENS YOUTH ATHLETIC ASSOCIATION FACII.TTY USE AGREEMENT This agreement, made and entered into this /0-1111 day of JE>-JG , 1998, between the Palm Beach Gardens Youth Athletic Association, Inc., ( PBGYAA), a not - for -profit corporation of the state of Florida, and the City of Palm Beach Gardens, a municipal corporation existing under the laws of the state of Florida, ("City") for the use of certain recreational facilities as more particularly described herein (the "facilities'. WHEREAS, the City owns and/or operates and maintains certain athletic fields and buildings within the City intended for recreational purposes and, WHEREAS, The City Council of.Palm Beach Gardens desires to enter into a written agreement to allow PBGYAA to use these athletic fields and buildings for recreational purposes as set forth herein, and, WIEREAS, The PBGYAA wishes to conduct various administrative functions along with practices, leagues and tournaments in the following youth sports; boys baseball, girls softball, in- line hockey and girls basketball. NOW T IEREFORE for and in consideration of the promises and mutual covenants hereinafter contained, the parties do agree as follows: RgTRQDUCTION 1. The matters contained in the preamble hereof are hereby declared to be true and correct and are hereby incorporated in this agreement as a part thereof. 2. The City agrees to allow PBGYAA to use those recreational facilities, for the time period and event specified, as provided for by the 1998 Youth Sports Calendar, a copy of which is attached hereto as Exhibit "A" and made a part hereof. The PBGYAA agrees to use its best efforts to - schedule its recreational events in accordance with this calendar, and agrees that any modifications to the time and/or location of usage shall be subject to the City's approval, in its sole discretion. 3. The parties agree that PBGYAA shall establish, in conjunction with the Director of Parks and Recreation or his/her designee, a general policy and operational plans. QBLIGATIONS OF PBGYAA 1. PBGYAA shall comply with all statutes, ordinances, rules, orders, regulations and requirements of the Federal, State, County and City governments and any of their Departments, Agencies, or Bureaus applicable to the use of such recreational facilities, for the safety of the public and the correction, prevention and abatement of nuisances or other grievances in connection with the use of the facilities hereunder. 2. PBGYAA shall indemnify and hold harmless the City from and against all claims, suits, actions, damages or causes of action arising during the term of this agreement for any personal injury, loss of life or damage to property sustained by reason or as a result of the use of the facilities - (including the operation of concession facilities) for which this agreement is entered into, or its agents, employees, invitees, participants and all other persons, and from and against any orders, judgments, or decrees which may be entered thereto, and from and against all costs, attorney's fees, expenses and liabilities incurred in or by reason of the defense of any such claim, suit or action, and the investigation thereof. Nothing in this agreement shall be deemed to affect the rights, privileges and immunities of cities and counties as are set forth in Florida State Statue 768.28 3. PBGYAA shall provide at its own cost and expense a comprehensive liability insurance policy insuring the City against claims for bodily injury, death and property damage, in the minimum amount of $1,000,000.00 per person and $1,000,000.00 for each occurrence. The City of Palm Beach Gardens, Florida, shall be named as an additional insured under the terms of this policy and shall be provided with a standard form of certificate of insurance, at least seven (7) days before the implementation of this agreement, which shall contain a requirement for 30 calendar days prior notification of cancellation to the City in the event thereof. 4. The PBGYAA agrees that it shall be solely responsible for all costs and/or expenses associated - with, or as a result of its operation under this Agreement. PBGYAA agrees that it shall be responsible for obtaining any and all licenses, permits, or certificates required to operate under this agreement, including. the cost associated therewith. 5. PBGYAA shall provide, upon execution of this Agreement, a copy of its current Constitution and/or charter, by -laws, and certificate of non -profit status to the city's Director of Parks and Recreation. PBGYAA agrees to provide said director a copy of any changes made to such documents, during the term of this Agreement, immediately upon adoption. 6. Within seven (7) calendar days following the annual PBGYAA general election, PBGYAA shall finnish to the City's Director of Parks and Recreation administrative office, a copy of the names, titles, address and phone numbers of all officers and board members of the PBGYAA as well as for each sports specific governing body. 7. PBGYAA agrees that it shall not discriminate against any person on the basis of race, color, 2 religion, or gender in its use of the aforementioned facilities. 8. PBGYAA agrees to conduct an annual financial audit by an independent party qualified to render such an audit. The results of such audit shall be provided to the City's Director of Parks and Recreation. All costs and expenses associated therewith shall be the sole responsibility of the PBGYAA. 9. PBGYAA agrees that it shall not make, or permit to be made any structural changes or improvements to the aforementioned facilities, except upon written approval of the City. Any changes or improvements made upon approval by the City shall remain as part of the facility at the end of the term of this agreement. 10. PBGYAA shall provide at each facility for the duration of each event as indicated on Exhibit "A ", a First Aid kit in a form acceptable to the City. Additionally, PBGYAA shall make provisions for adequate local emergency response (fire rescue and police) for the duration of each activity. Evidence of such provision shall be provided to the Director of Parks and Recreation prior to the commencement of each activity, or as deemed necessary by the director. PBGYAA shall also provide at each facility an adequate means of communication in order to summon emergency personnel. 11. PBGYAA shall require, and shall be responsible to enforce, that all officers, board members, managers, coaches, and assistant coaches complete the National Youth Sports Coaches Association ( NYSCA) certification program, as well as complete an annual criminal background check. The City agrees to incur the cost of the criminal background check. 12. PBGYAA shall adopt and strictly enforce the Players and Coaches Code of Conduct as applicable to all PBGYAA officers, coaches and players, and as applicable to PBGYAA event spectators, a copy of which is attached as Exhibit `B" and made a part hereof. 13. PBGYAA shall collect a $15 fee from each non - resident participant and shall forward such fee, in full, to the Director of Parks and Recreation within thirty (30) days of receipt. Additionally, PBGYAA shall compile a list of all non- resident participants in each sports activity and shall forward the list to the director within twenty (20) days of commencement of that particular sports activity. The $15 non - resident fee will be used by the City to pay for the NYSCA certification classes required of the officers, board members, managers, coaches and assistant coaches as stipulated in paragraph 11. 3 14. For each sports activity, PBGYAA shall establish, following the end of the official registration period, two distinct sign up waiting lists. One list will be for residents, the second for non - residents. With each available opening in a program the residents waiting list will be exhausted, prior to contacting any non - resident. Further, the resident list shall be exhausted in the following order: (A) prior participants in the PBGYAA; (B) persons who have not previously participated. 15. PBGYAA shall administer a rule which requires that for any sport which selects "all- star" or "Travel" teams, a minimum of 70% of rostered players must be residents of Palm Beach Gardens. 16. For each sports activity, PBGYAA shall provide to the Director of Parks and Recreation a complete list of addresses of the participants, coaches and managers (names will not be included). The list shall be provided within twenty (20) days of commencement of the particular activity. 17. PBGYAA shall provide to the Director of Parks and Recreation a Calendar of activities for each specific sports activity. Each calendar shall be due to the director no later than 30 days prior to opening registration date, and shall include: a) beginning and ending registration dates; b) beginning practice dates; c) beginning game dates; d) scheduled end of season; e) requested tournament dates; and, f) approximate number of teams in the appropriate divisions of each activity. 18. PBGYAA shall designate a representative from each sports activity to coordinate with the City's representative for facility usage. OBLIGATIONS OF CITY The City agrees to comply with the following: 1. The City shall provide daily maintenance of the facilities and shall supply adequate utilities for the facilities throughout the regular season, practices, and games, as well as tournament field preparations and maintenance, subject to budgetary considerations. 2. The City may limit, if necessary, the use of the facilities to prevent overuse, misuse or abuse of facilities, subject to the City's sole diseretion. 3. The City reserves the right to determine the suitability of any particular facility for use under this Agreement. The City shall bear no responsibility, nor shall PBGYAA seek any redress for its inability to use a facility as provided herein, when, in the reasonable determination of the City, a facility (or facilities) is deemed to be unsuitable for use for any period of time. 4. At all times, the City shall administer and enforce all applicable City codes, policies and procedures. The City shall take such action as is necessary to prevent misuse of the facilities and/or misconduct by participants. 4 5. The City reserves the right to cancel, reschedule or change location for any sports activity held at any of the facilities. The City may attempt to provide an alternative location, if facilities are not available, but is under no obligation to provide such replacement facilities. 6. The City may, through the Director of Parks and Recreation, issue keys to a City recreation facility to an authorized representative of PBGYAA. Duplication of keys by key holder will result in revocation of all key privileges and changing of all affected locks at PBGYAA's expense. TERM OF AGREEMENT 1. Either party may terminate this Agreement with or without cause upon thirty (30) days written notice to the other party. 2. This Agreement shall be effective for one year from the date of execution by the last party. This Agreement may be renewed or renegotiated, however, any such modifications hall not be binding upon either party unless in writing and accepted by both parties. This Agreement may not be orally modified. IN WITNESS WHEREOF, the parties have hereto set their hands and seals the day and year first written above. ADDITIONAL PROVISIONS 1. Requests for fund raising on the facility sites for special events and tournaments may be considered only if received prior to the City's bidding of such services, and shall require written approval by the Director of Parks and Recreation. 2. The City grants the PBGYAA permission to operate concessions to sell non - alcoholic beverages and food at the facilities of the discretion of the Director of Parks and Recreation and only during the sporting events referenced herein. The PBGYAA agrees to retain the services of a person(s) who will be responsible to operate the concession. The PBGYAA agrees to comply with all statutes, ordinances, rules, orders, regulation and requirements of the Federal, State, County and City governments, and any of their departments and bureaus applicable to the operation of the sale of non - alcoholic beverages and food. The City reserves the right to inspect and review the operations of any concession to determine if the PBGYAA has complied with the terms of this agreement. Furthermore, the PBGYAA recognizes that Pepsi -Cola beverage products will be exclusively sold at any concession facility operated by the PBGYAA, and all beverage products must be purchased through the Pepsi -Cola distributor. M FOR THE CITY OF PALM BEACH GARDENS, FLORIDA, a municipal corporation of the State of Florida BY: BY: BY: MAYOR CITY MANAGER DIRECTOR OF PARKS AND RECREATION FOR THE PALM BEACH GARDENS YOUTH ATHLETIC ASSOCIATION, a non -profit corporation of the State of Florida BY: I WIA BY: TIATE yaagree.224 F;"% .1 1 C1 JURISDICTION AND VENUE The parties acknowledge that a substantial portion of negotiations, anticipated performance and execution of the Agreement occurred or will occur in Palm Beach County, Florida, and, therefore, without limiting the jurisdiction or venue of any other federal or state courts, each of the parties irrevocably and unconditionally (a) agree that any suit, action or legal proceeding arising out of or relating to this Agreement will be brought in the courts of record of the State of Florida in Palm Beach County or the court of the United States, Southern District of Florida; (b) consents to the jurisdiction of each court in any suit, action or proceeding; and (c) waives any objection which it may have to the laying of venue of any suit, action or proceeding in any of such courts. ATTORNEY'S FEES In the event of any alleged dispute, breach, or default under the terms of this Agreement by either party, the prevailing party shall be entitled to recover all costs and expenses including reasonable attorney's fees incurred in connection with enforcement of any term or provision of this Agreement, arising at any level, whether or not in connection with any legal action or arbitration or other proceeding, and any such right shall be in addition to any other remedies or damages to which the prevailing party may be entitled. 7 EXMIT "A" 1998 YOUTH SPORTS CALENDAR Revised - 12/2/97 SPORT AGENCY DATES - Practice begins through end of program LOCATION Boys Baseball YAA Feb. 1, Mar., Apr., May Gardens park Girls Softball YAA Feb. 1, Mar., Apr., May Lake Catherine All Star Baseball YAA May, June, July Gardens park/Plant Drive Travel Softball YAA May, June, July, August 1 Lake Catherine Flag Football City June 1, July, August 15 PGA Soccer City August 15, Sept., Oct., Nov. 15 Klock Fall Softball YAA Sept. 15 through Nov. 1 Lake Catherine Fall Baseball YAA Oct. 1 through Nov. 15 Lake Catherine/PGA Girls Basketball YAA Oct. 15, Nov., Dec., Jan., Feb. 15 BRCC Girls Travel Basketball YAA May, June, July Various sites Roller Hockey (Fall/Spring) YAA Sept. 1 through Dec. 15 Feb. 15 through May 15 Plant Drive Rinks Boys Basketball City Nov. 15, Dec., Jan., Feb., Mar. 15 BRCC Dates listed include time spent on facilities practicing and/or playing games. Registration dates are not included. Dates listed for baseball all-star teams and girls softball travel teams are approximate and may end earlier depending on success of teams. Please note that for the girls softball invitational tournament this season, the fields at Gardens park will not be available due to construction of the new fields. Additionally, for the 1998 fall baseball program, the fields at Lake Catherine will need to be shared by softball and baseball. There are now two fields at PGA park, available on a limited basis. 8 EXHIBIT "B" PLAYERS AND COACHES CODE OF CONDUCT DEFINITIONS: Individual - Any of the definitions as listed below. Coach/Manager - A person designated as team spokesperson. One who is either a player or a non - player. Player - A person who actively participates in the contest (even if sitting on the team bench) and who is on the team roster. Spectator - A person who comes to watch the contest for entertainment, with no physical involvement. Official/Umpire - Individuals who are responsible for administering the rules of the contest on the appropriate playing area. Participation - Any involvement in the activities such as spectating, officiating, playing, coaching, registering for activities, or attending any non - sporting event. Recreation activity - Any activity conducted on City property or facilities made available by other agencies for the purpose of participation. League Official - The designated individual responsible. for the organization and supervision of the activity. ARTICLE I NO PLAYER SHALL: At any time lay a hand upon, shove, strike, or threaten and official, player, spectator or department employee. Officials are required to suspend player immediately form further play and report such players to the League Official. Such players shall remain suspended until the incident has been considered by the appropriate Department officials. MINIMUM PENALTY: Suspension from the players next two consecutive league games, placed on probation for the remainder of the season. Penalties mAy be carried over to the next season or sporting event. MAXIMUM PENALTY: Suspension from all recreation activities for one year and probation for the following year. In addition, at the beginning of the following year, the incident is subject to review by the appropriate Department officials for possible further penalty. 6 ARTICLE U NO PLAYER SHALL: Refuse to abide by an official's decision. Officials are required to suspend player immediately from further play and report such player to the League Official. Such player shall remain suspended until the incident is reviewed by the League Official and the appropriate Department official. M IQ V 1[ PENALTY: Suspended from the players next game and placed on probation for the remainder of the season. MAMMUM PENALTY: Suspension from two league games and placed on probation for the remainder of the season. ARTICLE III NO PLAYER SHALL: Be guilty of obscene gestures or objectionable demonstrations of dissent at official's decision. Penalty: The degree of infraction of this tenant of good sportsmanship shall, in the official's judgement draw: N(I VEWUM PENALTY: Warning by the official. MAXIMUM PENALTY: Removal from the game. ARTICLE IV NO PLAYER SHALL: Discuss with an official in any manner, the decision reached by such official except the manager or coach. Penalty: The degree of infraction of this tenant of good sportsmanship shall, in the official's judgement, draw,: MINIMUM PENALTY: Warning by the official. MAXIMUM PENALTY: Removal from the game. ARTICLE V NO PLAYER SHALL: Be guilty of using unnecessarily rough tactics in the play of the game against the body or person of an opposing player. Officials are required to suspend player immediately from further play and reports such player to the League Official. V MINIlVIUM PENALTY: Suspended from the players next game, and placed on probation for the remainder of the season. MAXE IUM PENALTY: Suspension from all recreation activities for one year and probation for the following year. In addition, at the beginning of the following year, the incident is subject to review by the appropriate Department officials for possible further penalty. ARTICLE VI NO PLAYER SHALL: Be guilty of physical attack as an aggressor upon any player, official, spectator, or Department employee. Officials are required to suspend player immediately from further play and report incident to League Official NQNIMUM- 73ENA -LTY: Suspension from the player's next two consecutive league games. Also place on probation for the remainder of the season. MAMMUM'PENALTY: Suspension from all recreation activities for one year and probation for the following year. In addition, at the beginning of the following year, the incident is subject to review by the appropriate Department officials for possible further penalty. ARTICLE VII NO PLAYER SHALL: Be guilty of an abusive verbal attack upon any player, official, spectator or department employee. Officials are required to suspend player immediately from further play, and report such incident to the League Official. Such player shall remain suspended until the incident has been reviewed by the Lea4ue'Official and the appropriate Department Official. MEVEKUM PENALTY; Suspended from the players next game, and, placed on probation for the remainder of the season. PENALTY: Suspension from the player's next two consecutive league games. Also place on probation for the remainder of the season. 11 ARTICLE VIII NO PL�WR SHALL: Appear on the playing area under the influence of drugs, or alcohol. MINEWUM PENALTY: Suspension from the player's next two consecutive league games. Also place on probation for the remainder of the season. PENALTY: Suspension for the remainder of the season. SPECIAL NOTES: 1. Any player being placed on probation for the remainder of the season and reported again for a violation of the Code of Conduct will be suspended for the remainder of the season. 2. Any player ejected from a game must leave the park, facility or school grounds immediately. Players will not be permitted to hang around the playing area, spectating area or parking lots. Failure to leave the area immediately may cause the game to be forfeited and will carry an additional maximum penalty of suspension for the remainder of the season. 3. Any player or coach who is ejected from a game will be automatically ineligible to participate in the team's next game. 4. Any player or coach who is ejected from two games will be suspended from all league competition, including tournaments. Any player or coach who is deemed detrimental to the function of the league will be bared from the league. 5. Any player or coach who is guilty of paragraph 4 above, will be automatically placed on Athletic probation in all recreation activities for a year. Further problems with the same individual throughout this probation will result in suspension form all recreational prog.fpns for one year. 6. Any person who is on probation and who violates the Code. of Conduct will be placed on ,suspension until the incident can be reviewed by the proper Departmental Official. 12 RESOLUTION 60, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPOINTING A DELEGATE AND AN ALTERNATE FOR VOTING PURPOSES AT THE 72ND ANNUAL FLORIDA LEAGUE OF CITIES, INC., CONFERENCE; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida League of Cities, Inc., is holding it's 72 "d annual conference at the Fountainebleau Hilton Hotel on August 13 -15, 1998; and WHEREAS, the Florida League of Cities, Inc., requires each municipality to appoint a delegate and an alternate for the purpose of voting on policies presented at said conference. 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 appoints ERIC JABLIN to represent the City on matters requiring a vote of delegates at the 72 "d Annual Florida League of Cities, Inc., Conference, August 13 -15, 1998. SECTION 2. In the absence of the voting delegate appointed in Section 1 hereof, BOBBIE HERAKOVICH is hereby appointed as an alternate for voting purposes. INTRODUCED, PASSED AND ADOPTED THIS DAY OF JULY, 1998. MAYOR JOSEPH R. RUSSO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO CITY ATTORNEY AYE NAY ABSENT Memorandum TO: City Managers /City Clerks FROM: Michael Sittig, Executive Director DATE: June 1, 1998 SUBJECT: 72"d Annual Conference — FLCities — Pathways to Progress VOTING DELEGATE AND RESOLUTION INFORMATION August 13 -15, 1998 — Fontainebleau Hilton Hotel As you know, the Florida League of Cities' Annual Conference will be held at the Fontainebleau Hilton Hotel on August 13 -15. This year's theme, FLCities — Pathways To Progress, will provide valuable educational opportunities to help Florida's city officials serve their citizenry more effectively. It is important that each city designate one person to be the voting delegate. Policy development, election of League leadership and adoption of resolutions are undertaken during the business meeting. One official from each city will make decisions that determine the direction of the League. Registration materials have already been sent to each city. Call us if you need more. We have attached the procedures your city should follow for presenting resolutions to the League membership. Should you have any questions or need additional information, please feel free to call Drew Smith or Kelvin Robinson at Suncom 278 -5331 or 1- 800 -342- 8112. MS:bcs Attachments: Form Designating Voting Delegate Procedures for Submitting Conference Resolutions 301 South Bronough Street ♦ Post Office Box 1757 ♦ Tallahassee, FL 32302 -1757 Telephone (850) 222 -9684 ♦ Suncom 278 -5331 ♦ Fax (850) 222 -3806 ♦ Internet: http: / /fcn.state.fI- us /fIc/ Procedures for Submitting Resolutions - - 72 "d Annual Convention Florida League of Cities, Inc. August 13 -15, 1998 Miami Beach, Florida In order to fairly systematize the method for presenting resolutions to the League membership, the following procedures have been instituted: (1) Proposed resolutions must be submitted in writing, to be received in the League office a minimum of 30 days prior to the first day of the annual conference. (2) Proposed resolution will be rewritten for proper form, duplicated by the League office and distributed to members of the Resolution Committee at least 15 days prior to the first day of the annual conference. (Whenever possible, multiple resolutions on a similar issue will be rewritten to encompass the essential subject matter in a single resolution with a listing of original proposers.) (3) Proposed resolutions may be submitted directly to the Resolutions Committee at the conference; however, a favorable two- thirds vote of the committee will be necessary to consider such resolutions. (4) Proposed resolutions -may be submitted directly to the business session of the conference without prior committee approval by a vote of two- thirds of the members present. In addition, a favorable weighted vote of a majority of members present will be required for adoption. (5) Proposed resolutions relating to state legislation will be referred to the appropriate standing policy committee. Such proposals will not be considered by the Resolution Committee at the conference; however, all state legislative issues will be by the standing policy committees and the Legislative Committee prior to the membership at the annual Legislative Conference each fall. At that time, a state Legislative Policy Statement will be adopted. Cities unable to formally adopt a resolution 30 days prior to the first day of the conference may submit a letter to the League office indicating their city is considering the adoption of a resolution, outlining the subject thereof in as much detail as possible, and this letter will be forwarded to the Resolutions Committee for consideration in anticipation of receipt of the formal resolution. IMPORTANT DATES June 4 Notice to Local League Presidents and Municipal Associations Requesting Nominees to the Resolutions Committee July 6 Appointment of Resolutions Committee Members July 13 Deadline for Submitting Resolutions to the League Office VotingDelegate.doc July 31 Resolutions Mailed to Resolutions Committee August 13 League Standing Committee Meetings Resolutions Committee Meeting Voting Delegates Registration August 15 Immediately Following Luncheon — Pick Up Voting Delegate Credentials Followed by Annual Business Session 72 "d Annual Conference Florida League of Cities, Inc. August 13- 15,1998 Miami Beach, Florida It is important that each member city sending delegates to the Annual Conference of the Florida League of Cities, designate one of their officials to cast their votes at the Annual Business Session. League By -Laws requires that each city select one person to serve as the city's voting delegate. Please fill out this form and return it to the League office so that your voting delegate may be properly identified. Designation of Voting Delegate Name of Voting Delegate: Title: City of: AUTHORIZED BY: Name Title Return this form to: Gail Dennard Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, FL 32302 -1757 Or Fax to Gail Dennard at (850) 222 -3806 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date:—June 29, 1998, Subject/Agenda Item: Approval of Interlocal agreements with Palm Beach County School Board for use of school facilities. Recommendation/Motion: Authorize City Manger to enter into agreement with Palm Beach County School Board allowing for both parties to utilize each others facilities, for the next three years. Reviewed by: originating Dept: Costs: $ Council Action: Total City Attorney Parks & Recreation [ ] Approved Finance $ [ ] Approved %w conamo,s Current FY ACM [ ] Denied Advertised: Human Res. Funding Source: [ ] Continued to: Attachments: Other Date: [ ] Operating Paper: [ ] Other I. Memo from Director of Parks & Recreation 2. Copies of interlocal [ X ] Not Required agreements Submitted by: Sue Miler, Department Director Affected parties [ ] Notified Budget Acct #:: [ ] None Approved by: City Manager [ ] Not required MEMO PARKS AND RECREATION TO: Bobbie Herakovich, City Manager FROM: Sue Miller, Director, Parks & Recreation %f DATE: June 29, 1998 RE: Execution of agreement between City and Palm Beach County School Board for shared use of facilities The Palm Beach County School Board has signed the attached Master Interlocal Agreement, along with the necessary addendum, which allow for the shared use of facilities between the City and the School Board. The agreement will be valid until June 25, 2001, with an additional three year extension permissible. The agreement allows for the City to request use of school district facilities, when they are not in use for its public education programs, subject to rules, regulations and policies of the district, and allows the school district the same ability to request use of City facilities. The Addendum to the Master Interlocal Agreement identifies the local schools which are a part of this agreement which include; 1. Palm Beach Gardens Elementary 2. Allamanda Elementary, School 3. Timber Trace Elementary School 4. Watkins Middle School 5. _Duncan Middle School 6. Palm Beach Gardens High School 7. Dwyer High School In order to validate the agreement and addendum, the signature of the Mayor is required as indicated. If you have any questions, I am available for discussion at your convenience. RESOLUTION 61, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS AND THE SCHOOL DISTRICT OF PALM BEACH COUNTY FOR MUTUAL USE OF FACILITIES; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID INTERLOCAL AGREEMENT; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is the intent of the Local Government Comprehensive Planning and Plan Development Regulation Act, F.S. 163.3161(4), to encourage and ensure cooperation between and among the local governmental entities to provide for the coordination of development activities of units of local government; WHEREAS, the School District is the controlling body of the Public Schools of Palm Beach County, Florida, and owns and operate schools within the City of Palm Beach Gardens; WHEREAS, both the School District and the City recognize the needs, on occasion, for both parties to utilize the facilities of the other, thereby minimizing the duplication of facilities; WHEREAS, the City is desirous that the integrity of its Comprehensive land use Plan is maintained and that the residents have reasonable use of certain parts of the school facilities when not in use for educational or program purposes established by the District; and WHEREAS, the City is the controlling body of various parks and recreation areas and owns and operate these areas within the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, hereby approves a Master Interlocal Agreement Between the School District of Palm Beach County and the City of Palm Beach Gardens, allowing both parties to utilize each others facilities for a period of three years, and addendums, copies of which are attached hereto and made a part hereof. SECTION 2. The Mayor and City Clerk are hereby authorized and directed to execute said Interlocal Agreement and addendums on behalf of the City of Palm Beach Gardens. Resolution 61, 1998 Page 2 of 2 SECTION 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF JULY 1998. MAYOR JOSEPH R. RUSSO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK Approved as to Form and Legal Sufficiency. VOTE: COUNCILMAN RUSSO COUNCILWOMAN FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO City Attorney AYE NAY ABSENT This Instrument should be returned to: Director, Planning and Real Estate The School Board of Palm Beach County 3320 Forest Hill Boulevard West Palm Beach, Florida 33406 -5813 MASTER INTERLOCAL AGREEMENT BETWEEN THE SCHOOL DISTRICT OF PALM BEACH COUNTY AND THE CITY OF PALM BEACH GARDENS THIS AGREEMENT, entered into this day of , 19 , between the SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, a corporate body politic pursuant to the Constitution of the State of Florida, (hereinafter referred to as "SCHOOL DISTRICT "), and the CITY OF Palm Beach Gardens, a Florida municipal corporation, (hereinafter referred to as "CITY ") WITNESSETH: WHEREAS, it is the intent of the Local Government Comprehensive Planning and Plan Development Regulation Act, F.S. 163.3161 (4), to encourage and ensure cooperation between and among the local governmental entities to provide for the coordination of development activities of units of local government; and WHEREAS, the SCHOOL DISTRICT is the controlling body of the Public Schools of Palm Beach County, Florida, and owns and operate schools within the City of Palm Beach Gardens; and WHEREAS, both the SCHOOL DISTRICT and the CITY recognize the needs; on occasion, for both parties to utilize the facilities of the other, thereby minimizing the duplication of facilities; and WHEREAS, the CITY is desirous that the integrity of its Comprehensive Land Use Plan is maintained and that the residents have reasonable use of certain parts of the school facilities when not in use for educational or program purposes established by the DISTRICT. WHEREAS, the City is the controlling body of various parks and recreation areas and owns and operate these areas within the City of Palm Beach Gardens. NOW, THEREFORE, for and in consideration of the covenants herein contained, the parties agree as follows: 1. That this Agreement is entered into under the authority of Section 163.01, Florida Statutes. 2. Individually designated school center facilities and city facilities shall be subject to all terms and conditions of this Agreement through an Addendum to the Agreement. 3. All school center facilities shall be available for public use when not required by the SCHOOL DISTRICT for its public education programs; provided however, such use shall be subject to the rules, regulations and policies of the SCHOOL DISTRICT and in compliance with all Federal, State and local laws. 4. The CITY's use of school center facilities shall be requested by proper application identifying the nature of the use, facility space requirements, and SCHOOL DISTRICT personnel requirements. Application for use shall be made to the school's Principal at least ten (10) days prior to CITY use with the Principal making a recommendation on the use to the SCHOOL BOARD and /or Area Executive Director. Final review and approval of the application rests solely with the SCHOOL BOARD and /or Area Executive H\ data \wp51 \doc \agreemt \him - pgh.agr I AAH:cd 1/14/96 Director and the CITY shall be notified of their decision at least 72 hours prior to the use. 5. The School Board's use of City facilities shall be requested by proper application identifying the nature of the use, facility space requirements, and City personnel requirements. Application for use shall be made to the Parks and Recreation Director at least ten (10) days prior to School District use with the Director making a recommendation on the use to the City Manager or his designee. Final review and approval of the application rests solely with the City Manager or his designee and the 'School District shall be notified of their decision at least 72 hours prior to the use. 6. All School District facilities shall be available for City use when not required by the School Board for its programs; provided, however, such use shall be subject to the rules, regulations and policies of the School Board and in compliance with all Federal, State and local laws. 7. The CITY recognizes its liability for certain tortious acts of its agents, officers, employees and invitees to the extent and limit provided in Chapter 768.28, Florida Statutes, for the period of time the CITY is using school facilities designated through an addendum to this Agreement, provided however, that this provision shall not be construed as a waiver of any right or defense which the CITY may possess, and it reserves all such rights as against any and all claims that may be brought against it under this Agreement. 8. This Agreement may be modified only by mutual resolution of the parties' respective governing bodies. 9. This Agreement may be recorded in the Pubic Records of Palm Beach County, Florida. 10. This Agreement shall be in full force and effect for a period of three (3) years commencing on the day and date first written above. It is understood that this Agreement may be renewed or extended by the mutual consent of the governing bodies for both parties, for an additional three (3) years commencing at the expiration of the original previous three year term, subject to the same terms and conditions as provided herein and by addendum or amendment. Either party intending to exercise the option to renew this Agreement, shall provide the other party with written notice of their intent at least ninety (90) days prior to the expiration of the term of this Agreement. 11. This Agreement may be terminated in its entirety by either party giving to the other party, written notice at least Ninety (90) days prior to the date of termination. 12.. All notices herein required, permitted to be given to or served upon either party shall be in writing.. Any such notice shall be deemed sufficiently given or served, if served personally, sent Certified mail by the United States Mail, or by any nationally recognized overnight carrier to the SCHOOL DISTRICT or the CITY at the address set forth as follows: H \data\wp51 \doc \agreemt \ham - pgh.agr AAH:cd 1/14/98 2 f As to School Board: With Copies to: As to City: With Copies to: SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA Director, Planning and Real Estate 3320 Forest Hill Boulevard West Palm Beach, Florida 33406 -5813 Dr. Joan P. Kowal Superintendent 3340 Forest Hill Boulevard, Suite C -316 West Palm Beach, Florida 33406 -5869 Office of the General Counsel 3318 Forest Hill Boulevard West Palm Beach, Florida 33406 Bobbie Herakovich, City Manager City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Susan Miller, Director of Parks and Recreation City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 13. If any term or provision of this Agreement shall, to any extent, be deemed invalid or unenforceable, the remainder of this Agreement shall be valid and shall be enforced to the fullest extent of the law. 14. This Agreement together with any addendum that may now or in the future be attached and become a part hereof of this Agreement set forth all the covenants, promises, agreements, conditions and understandings between the parties hereto. There are no covenants, promises, agreements, conditions and understandings, either oral or written, between the parties other than those herein set forth. Except as herein provided, no subsequent alteration, amendments, changes, or additions, shall be binding the parties, unless and until reduced to writing and signed by both parties. H \data \wp51 \doc\agreemt \hIm -pgh. agr 3 AAH:cd 1/14/98 IN WITNESS WHEREOF, this Agreement has been executed by the parties herein on the day and year first above written. Signed in the presence of: 41 p'0a�L s to the Board STATE OF FLORIDA COUNTY OF PALM BEACH SCHOOL BOARD OF PA BEACH COUNTY FLORIDA Pi a � 7 � L OL't -,. � By: P e Bur ' , Chairman Attes : Dr. Jo P. Kowal, Superintendent (SEAL) I HEREBY CERTIFY that on this date before me, an officer duly authorized in the State and County named above to take acknowledgements, personally appeared Paulette Burdick, Chairman and Dr. Joan P. Kowal, Superintendent of the School Board of Palm Beach County, Florida, and they acknowledged before me that they had executed the foregoing instrument as said officers and that they also affixed thereto the official seal of the School Board. SWORN to and subscribed before me this o?s day of �c._ , 1998. My Commission Expires: ��' 0- SQ I'll LINDA J. SAVILLE W COMMISSION # CC432695 EXPIRES January 16, 1999 50NM THRU TROY FAIN INSURANCE, INC. (Notary Seal) •''° ���''' Signed in the presence of: Attest: H\data \wp51 \doc \agree mt \hrm -pgh. agr 4 Notary Public City Of Palm Beach Gardens, Florida Mayor Joseph Russo Linda V. Kosier, City Clerk (SEAL) AAH:cd 1/14/98 STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this date before me, an officer duly authorized in the State and County named above to take acknowledgements, personally appeared as , and as of the City of Palm Beach Gardens, Florida, and they acknowledged before me that they had executed the foregoing instrument as said officers and that they also affixed thereto the official seal of the City. SWORN TO and subscribed before me this day of , 1998. My Commission Expires: (Notary Seal) Approved: Tom Baird CITY ATTORNEY Notary Public Approved: Karen V.D.H. Fischer SCHOOL BOARD ATTORNEY H\ data \wp51 \doc \agreemt \hlm- pgh.agr AAH:cd 1/14/98 v This Instrument should be returned to: Director, Planning and Real Estate The School Board of Palm Beach County 3320 Forest Hill Boulevard West Palm Beach, Florida 33406 -5813 ADDENDUM TO MASTER INTERLOCAL AGREEMENT BETWEEN THE PALM BEACH COUNTY SCHOOL DISTRICT AND THE CITY OF PALM BEACH GARDENS FOR THE MUTUAL USE OF RECREATIONAL FACILITIES AT ALLAMANDA ELEMENTARY SCHOOL AND THE PALM BEACH GARDENS NATURE PRESERVE AND ATHLETIC FACILITIES This Agreement made and entered into this day of , 1998 by and between the CITY OF PALM BEACH GARDENS, Florida, a municipal cooperation organized and existing under the laws of the State of Florida, hereinafter referred to as the "CITY" and the SCHOOL DISTRICT OF PALM BEACH COUNTY, Florida, a public school corporation, hereinafter referred to as the "SCHOOL DISTRICT ". WITNESSETH: WHEREAS, the SCHOOL DISTRICT is the owner in fee simple of the + acres public school known as Allamanda Elementary School, located within the CITY. A complete description thereof being attached hereto as Exhibit "A ". WHEREAS, the CITY owns and operates the Palm Beach Gardens Nature Preserve and Athletic Facilities located adjacent to Allamanda"Elementary School as showri:on Exhibit 111311- WHEREAS, both the SCHOOL DISTRICT and the CITY own and operate various athletic facilities in the area of Allamanda Elementary School, and the Sports Facility along the Prosperity Farms Area, which includes gymnasiums, playgrounds, ballfields, athletic fields and recreational areas for the benefit of public school students and the general public, and H:\ DATA \WP51 \DOC \AGREEMT\INTERLOC.ALE1 1 AAH:bf 2/13/98 WHEREAS, both the SCHOOL DISTRICT and the CITY recognize the needs, on occasion, for both parties to utilize the facilities of the other and thereby prevent unwarranted duplication of athletic and recreational facilities. NOW, THEREFORE, FOR AND IN CONSIDERATION OF MUTUAL BENEFITS RECEIVED BY EACH PARTY, the parties hereto mutually agree as follows: 1. Mutual Use of Athletic Facilities and Nature Preserve Each party agrees to permit the other, according to prescribed procedures and conditions set forth herein, to utilize its athletic facilities and nature preserve and each party shall be responsible for its utilities cost associated herewith. Payment of utilities shall be payable upon demand. The athletic and recreational facilities at Allamanda Elementary School owned and operated, by the SCHOOL DISTRICT shall be available for use by the CITY at all times, except during normal daytime school programs for children, or when being used for school activity programs. The Palm Beach Gardens Nature Preserve and Athletic Facilities owned and operated by the CITY shall be available for use by the SCHOOL DISTRICT at all times, except during regularly scheduled programs by the CITY. 2. Procedure for Requesting Use of a Facility All requests by the CITY for the use of the Allamanda Elementary School athletic facilities will be initiated by the CITY and directed to principal of Allamanda Elementary School. The principal will evaluate the request and approve if the facility is not otherwise in school use. All requests by the SCHOOL DISTRICT for the use of the Palm Beach Gardens Nature Preserve and Athletic Facilities will be initiated by. -:the principal of Allamanda Elementary School and directed to the CITY. The CITY will evaluate the request and approve if facility is not otherwise in use. H:\ DATA \WP51 \DOC \AGREEMT\INTERLOC.ALE2 2 AAH:bf 2/13/98 3. Notice The CITY and the SCHOOL DISTRICT agree to provide adequate notice, when it is necessary to use the above described facilities. Notice may be in the form of a schedule of activities; memoranda or other written form; outlining the date, time and facility needed. Adequate notice is deemed to be ten (10) days prior to the date needed. In the event of scheduling conflicts, the facility's owners schedule will prevail if an alternative cannot be agreed upon. 4. Adeauate Supervision and Student Conduct Both parties agree to provide adequate supervision at all times, taking into consideration the type of activities planned, when using the other's facilities. Student conduct and discipline at school facilities shall be governed by School Board Policy Chapter 5.18. A copy of Chapter 5.18 being attached hereto as Exhibit "C ". 5. Manner of Use: Cleanup Both parties agree to utilize the facilities and equipment of the other in the manner, and to the extent and degree intended for the particular facility or equipment in use and further agree to leave such facilities and equipment in a clean and orderly condition upon leaving the facility. 6. Vandalism to Facilities When in Use Pursuant to this Agreement a. The CITY agrees to be responsible for vandalism to the SCHOOL DISTRICT'S facilities during the periods the facilities are used by the CITY. The owner of the respective facility shall cause such repairs to be made as necessary to correct the damage and submit an itemized invoice to the other for damage incurred during the other's use of the facility. b. The SCHOOL DISTRICT agrees to be responsible for vandalism to the CITY's facilities during the periods the facilities are used by the SCHOOL DISTRICT. 7. Insurance a. The SCHOOL DISTRICT recognizes its liability for certain tortious acts of its agents officers, employees and invitees to the extent and limit provided in Chapter 768.28, Florida H:\ DATA \WP51 \DOC \AGREEMT\INTERLOC.ALE3 3 AAH:bf 2/13/98 Statutes, the State of Florida's partial waiver of sovereign immunity, for the period of time the SCHOOL DISTRICT is using CITY facilities designated through an addendum to this Agreement, provided however, that this provision shall not be construed as a waiver of any right or defense which the SCHOOL DISTRICT may possess, and it reserves all such rights as against any and all claims that may be brought against it under this Agreement. b. The CITY recognizes its liability for certain tortious acts of its agents, officers, employees and invitees to the extent and limit provided in Chapter 768.28, Florida Statutes, for the period of time the CITY is using school facilities designated through an addendum to this Agreement, provided however, that this provision shall not be construed as a waiver of any right or defense which the CITY may possess, and it reserves all such rights as against any and all claims that may be brought against it under this Agreement. 8. Terms This Agreement shall become effective upon approval of both parties, and shall continue during the term set forth in the Master Interlocal Agreement with review by both CITY and SCHOOL DISTRICT annually, notwithstanding the foregoing this Agreement may be terminated by either party upon written notice as provided below. 9. Termination Either party may terminate this Agreement without cause upon sixty (60) days written notice to the other. Notice pursuant to this Agreement shall be given to the SCHOOL DISTRICT at: The School District of Palm Beach County, 3340 Forest Hill Boulevard-, West Palm Beach, Florida and to the CITY at: The City of Palm Beach Gardens, 10500 North Military Trail, Palm Beach Gardens, Florida. 10. Both parties to this Agreement agree not to discriminate,against any person on the basis of race, religion, national origin, age, sex, or martial status, in the use of athletic facilities and nature preserve pursuant to the Agreement. H:\ DATA \WP51 \DOC \AGREEMT\INTERLOC.ALE4 4 AAH:bf 2/13/98 11. This Agreement contains all the understandings of the parties hereto, notwithstanding any previous written or oral understandings between the parities on the same subject. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed in their respective names by their proper officials and under their official seals as of the day and year first above written. THE CITY OF PALM BEACH GARDENS, FLORIDA Attest: (SEAL) Mayor Joe Russo Linda V. Kosier, City Clerk Reviewed and Approved Legal Counsel - Watterson, Hyland & Klett THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA By: aJA�� =t-C/C Paule a Burdick, Chairman Attest: /Dr. an P. Kowal, Superintendent (SEAL) Reviewed and Approved Karen V.D.H. Fischer - School Board Attorney H:\ DATA \WP51 \DOC \AGREEMT\INTERLOC.ALE5 5 AAH:bf 2/13/98 This Instrument should be returned to: Director, Planning and Real Estate The School Board of Palm Beach County 3320 Forest Hill Boulevard West Palm Beach, Florida 33406 -5813 ADDENDUM TO MASTER INTERLOCAL AGREEMENT BETWEEN THE PALM BEACH COUNTY SCHOOL DISTRICT AND THE CITY OF PALM BEACH GARDENS FOR THE MUTUAL USE OF RECREATIONAL FACILITIES This Agreement made and entered into this day of 1998 by and between the CITY OF PALM BEACH GARDENS, Florida, a municipal cooperation organized and existing under the laws of the State of Florida, hereinafter referred to as the "CITY" and the SCHOOL DISTRICT OF PALM BEACH COUNTY, Florida, a public school corporation, hereinafter referred to as the. "SCHOOL DISTRICT ". W I T N ESSETH: WHEREAS, the SCHOOL DISTRICT is the owner in fee simple of the + acres public school known as Palm Beach Gardens Elementary School, located within the CITY. A complete description thereof being attached hereto as Exhibit "A ". WHEREAS, the CITY owns and operates the Athletic Facilities located in the area near Palm Beach Gardens Elementary School as shown on Exhibit "B ". WHEREAS, both the SCHOOL DISTRICT and the CITY own and operate various athletic facilities in the area of Palm Beach Gardens Elementary School, which includes gymnasiums, playgrounds, ballfields, athletic fields and recreational areas for the benefit of public school students and the general public, and H:\ DATA \WP51 \DOC \AGREEMT\INTERLOC.PGE 1 AAH:bf 2113/98 WHEREAS, both the SCHOOL DISTRICT and the CITY recogrnize the needs, on occasion, for both parties to utilize the facilities of the other and thereby prevent unwarranted duplication of athletic and recreational facilities. NOW, THEREFORE, FOR AND IN CONSIDERATION OF MUTUAL BENEFITS RECEIVED BY EACH PARTY, the parties hereto mutually agree as follows: 1. Mutual Use of Athletic Facilities Each party agrees to permit the other, according to prescribed procedures and conditions set forth herein, to utilize its athletic facilities and nature preserve and each party shall be responsible for its utilities cost associated herewith. Payment of utilities shall be payable upon demand. The athletic and recreational facilities at Palm Beach Gardens Elementary School owned and operated by the SCHOOL DISTRICT shall be available for use by the CITY at all times, except during normal daytime school programs for children, or when being used for school activity programs. The Athletic Facilities owned and operated by the CITY shall be available for use by the SCHOOL DISTRICT at all times, except during regularly scheduled programs by the CITY. 2. Procedure for Requesting Use of a Facility All requests by the CITY for the use of the Palm Beach Gardens Elementary School athletic facilities will be initiated by the CITY and directed to principal of Palm Beach Gardens Elementary School. The principal will evaluate the request and approve if the facility is not otherwise in school use. All requests by the SCHOOL DISTRICT for the use of the Athletic Facilities will be initiated by the principal of Palm Beach Gardens Elementary School and directed to the CITY. The CITY will evaluate the request 'and approve if facility is not otherwise in use. 3. Notice The CITY and the SCHOOL DISTRICT agree to provide adequate notice, when it is necessary to use the above described facilities. Notice may be in the form of a schedule of H:\ DATA \WP51 \DOC \AGREEMT\INTERLOC.PGE 2 AAH:bf 2/13/98 activities; memoranda or other written form; outlining the date, time and facility needed. Adequate notice is deemed to be ten (10) days prior to the date needed. In the event of scheduling conflicts, the facility's owners schedule will prevail if an alternative cannot be agreed upon. 4. /adequate Supervision and Student Conduct Both parties agree to provide adequate supervision at all times, taking into consideration the type of activities planned, when using the other's facilities. Student conduct and discipline at school facilities shall be governed by School Board Policy Chapter 5.18. A copy of Chapter 5.18 being attached hereto as Exhibit "C ". 5. Manner pf Use: CleanuD Both parties agree to utilize the facilities and equipment of the other in the manner, and to the extent and degree intended for the particular facility or equipment in use and further agree to leave such facilities and equipment in a clean and orderly condition upon leaving the facility. 6. Vandalism to Facilities When in Use Pursuant to this Agreement a. The CITY agrees to be responsible for vandalism to the SCHOOL DISTRICT'S facilities during the periods the facilities are used by the CITY. The owner of the respective facility shall cause such repairs to be made as necessary to correct the damage and submit an itemized invoice to the other for damage incurred during the other's use of the facility. b. The SCHOOL DISTRICT agrees to be responsible for vandalism to the CITY's . facilities during the periods the facilities are used by the SCHOOL DISTRICT. 7. Insurance a. The SCHOOL DISTRICT recognizes its liability for certain tortious acts of its agents officers, employees and invitees to the extent and limit provided in Chapter 768.28, Florida Statutes, the State of Florida's partial waiver of sovereign immunity,- for the period of time the SCHOOL DISTRICT is using CITY facilities designated through an addendum to this Agreement, H:\ DATA \WP51 \DOC \AGREEMT\INTERLOC.PGE 3 AAH:bf 2/13/98 provided however, that this provision shall not be construed as a waiver of any right or defense which the SCHOOL DISTRICT may possess, and it reserves all such rights as against any and all claims that may be brought against it under this Agreement. b. The CITY recognizes its liability for certain tortious: acts of its agents, officers, employees and invitees to the extent and limit provided in Chapter 768.28, Florida Statutes, for the period of time the CITY is using school facilities designated through an addendum to this Agreement, provided however, that this provision shall not be construed as a waiver of any right or defense which the CITY may possess, and it reserves all such rights as against any and all claims that may be brought against it under this Agreement. 8. Terms This Agreement shall become effective upon approval of both parties, and shall continue during the term set forth in the Master Interlocal Agreement with review by both CITY and SCHOOL DISTRICT annually, notwithstanding the foregoing this Agreement may be terminated by either party upon written notice as provided below. 9. Termination Either party may terminate this Agreement without cause upon sixty (60) days written notice to the other. Notice pursuant to this Agreement shall be given to the SCHOOL DISTRICT at: The School District of Palm Beach County, 3340 Forest Hill Boulevard, West Palm Beach, Florida and to the CITY at: The City of Palm Beach_Gardens, 10500 North.Military Trail, Palm Beach Gardens, Florida. 10. Both parties to this Agreement agree not to discriminate against any person on the basis of race, religion, national origin, age, sex, or martial status, in the use of athletic facilities and nature preserve pursuant to the Agreement. 11. This Agreement contains all the understandings of the parties hereto, notwithstanding any previous written or oral understandings between the parities on the same subject. H:\ DATA \WP51 \DOC \AGREEMT\INTERLOC.PGE 4 AAH:bf 2/13/98 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed in their respective names by their proper officials and under their official seals as of the day and year first above written. THE CITY OF PALM BEACH GARDENS, THE SCHOOL BOARD OF PALM BEACH FLORIDA COUNTY, FLORIDA By: By: Attest: Linda V. Kosier, City Clerk (SEAL) Reviewed and Approved Legal Counsel - Watterson, Hyland & Klett Paule a Burdick, Chairman Attest: 'Dr. Joan P. Kowal, Superintendent (SEAL) Reviewed and Approved Karen V.D.H. Fischer - School Board Attorney H:\ DATA \WP51 \DOC \AGREEMT\INTERLOC.PGE 5 AAH:bf 2/13/98 r. C� This Instrumeat should be returned to: Director, Planning and Real Estate ` The School Board of Palm Beach County 3320 Forest Hill Boulevard West Palm Beach, Florida 33406 -5813 ADDENDUM TO THE MASTER INTERLOCAL AGREEMENT BETWEFN THE SCHOOL DISTRICT AND THE CITY OF PALM BEACH GARDENS FOR TIMBER TRACE ELEMENTARY SCHOOL THIS AGREEMENT made and entered into this day of , 1998, by and between the CITY OF PALM BEACH GARDENS, Florida, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as the "CITY" and the SCHOOL BOARD OF PALM BEACH COUNTY, Florida, a public school corporation, hereinafter referred to as the "DISTRICT". WITNESSETH: WHEREAS, the DISTRICT is the owner in fee simple of approximately 20 acres of land known as Timber Trace Elementary School, located within the corporate limits of the CITY, and more specifically located east of Central Boulevard, and a complete description thereof described in Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, the DISTRICT petitioned the CITY, and received approval to construct a public school on the lands described in Exhibit "B" (Site Plan) under the Planned Unit Development zoning procedures of the CITY, by Ordinance 11, 1990. WHEREAS, both the DISTRICT and the CITY own and operate various athletic facilities in the area of Timber Trace Elementary School which includes gymnasiums, playgrounds, ballfields, athletic fields and recreational areas for the benefit of public school students-an( the-general and H:\ data \wp51 \doc \agreemt \PBGrdns.tte 1 AAH:cd 1/15/98 WHEREAS, both the DISTRICT and the City recognize the needs, on occasion, for both parties to utilize the facilities of the other and thereby prevent unwarranted duplication of athletic and recreational facilities. NOW, THEREFORE, for and in consideration of mutual benefits received by each party, the parties hereto mutually agree as follows: 1. Mutual Use of Athletic Facilities. Each party agrees to permit the other, according to prescribed procedures and conditions set forth herein, to utilize its athletic facilities and each party shall be responsible for its utilities cost associated herewith. Payment of utilities shall be payable upon demand. The athletic and recreational facilities at Timber Trace Elementary School, owned and operated by the DISTRICT shall be available for use by the Palm Beach Gardens Recreation Department at all times, except during normal daytime school programs for children, or when being used for school activity programs. The athletic and recreational facilities owned and operated by the City shall be available for use by the Board at all times, except during regularly scheduled programs of the City Recreation Department. 2. Procedure for Reauestins Use of a Facility. All requests by the City for the use of the Timber Trace Elementary School athletic facilities will be initiated by the City Recreation Department and directed to principal of Timber Trace Elementary School. The Principal will evaluate the request - and approve if the facility is not otherwise in school use. All requests by the Board for the use of City recreational facilities, will be initiated by the Principal of Timber. Trace Elementary School and directed to the Director of the Palm Beach Gardens's Recreation Department. The director will evaluate the request and approve if facility is not otherwise in use. H:\ data \wp51 \doc \agreemt \PBGrdns.tte 2 AAH:cd 1/15/98 3. Notice: The City and District agree to provide adequate notice, when it is necessary to use the above described facilities. Notice may be in the form of a schedule of activities; memoranda or other written form; outlining the date, time and facility needed. Adequate notice is deemed to be ten days prior to the date needed. In the event of scheduling conflicts, the facility's owners schedule will prevail if an alternative cannot be agreed upon. 4. Adeauate Supervision and Student Conduct: Both parties agree to provide adequate supervision at all times, taking into consideration the type of activities planned, when using the other's facilities. Student conduct and discipline at school facilities shall be governed by School Board Policy Chapter 5.18. A copy of Chapter 5.18 being attached hereto as Exhibit "C". 5. Manner of Use: Cleanup. Both parties agree to utilize the facilities and equipment of the other in the manner, and to the extent and degree intended for the particular facility or equipment in use and further agree to leave such facilities and equipment in a clean and orderly condition upon leaving the facility. 6. Vandalism to Facilities When in Use Pursuant to this Agreement. The City agrees to be responsible for vandalism occurring to the DISTRICT'S facilities occurring during the periods the facilities are used by the City. The owner of the respective facility shall cause such repairs to be made as necessary to correct the damage and submit an itemized invoice to the other for damage incurred during the other's use of the facility. The School Board agrees to be responsible for vandalism occurring to the City's facilities occurring during the periods the facilities are used by the School Board. 7. Insurance: The School District recognizes its liability for certain tortious acts of its agents officers, employees and invitees to the extent and limit provided in Chapter 768.28, Florida Statutes, the State of Florida's partial waiver of sovereign immunity, for the period of time the School District H:\ data\wp51 \doc \agreemt \PBGrdns.tte 3 AAH:cd 1/15/98 I i i I is using City facilities designated through an addendum to this Agreement, provided however, that this i provision shall not be construed as a waiver of any right or defense which the School District may possess, and it reserves all such rights as against any and all claims that may be brought against it under this Agreement. 8. Insurance: The City recognizes its liability for certain tortious acts of its agents, officers, employees and invitees to the extent and limit provided in Chapter 768.28, Florida Statutes, for the period of time the City is using school facilities designated through an addendum to this Agreement, provided however, that this provision shall not be construed as a waiver of any right or defense which i the City may possess, and it reserves all such rights as against any and all claims that may be brought against it under this Agreement. 9. Terms. This Agreement shall become effective upon ;approval of both parties, and shall continue during the term set forth in the Master Interlocal Agreement with review by both City and District annually, notwithstanding the foregoing this Agreement may be terminated by either party upon i written notice as provided below. 10. Termination. Either party may terminate this Agreement without cause upon sixty (60) days written notice to the other. Notice pursuant to this Agreeme I t shall be given to the BOARD at: Superintendent of Schools, 3340 Forest Hill Boulevard, West Palm Beach, FL; and to the City at: City Manager, 10500 North Military Trail, P.B.G., FL. 11. Both parties to this Agreement agree not to discriminate against any person on the basis of race, religion, national origin, age, .sex, or martial status, in-the-use. of athletic ,facilities pursuant A to the Agreement. i I 12. This Agreement contains all the understandings of the! parties hereto, notwithstanding any previous written or oral understandings between the parities on the same subject. H:\ data \wp51 \doc \agreemt \PBGrdns.tte 4 AAH:cd 1/15/98 i j IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to be executed i by its respective officers on the day, month and year aforementioned. i CITY OF PALM BEACH GARDENS, THE SCHOOL DISTRICT OF PALM FLORIDA BEACH COUNTY Joe Russo, Mayor Linda Kosier, City Clerk WITNESSES: (Two are required) Signature [Print Name] Signature [Print Name] i Paulette Burdick, Chairman i I Dr. Joan P. Kowa], Superintendent i i i WITNESSES: (Two are required) I I igna�}'re [Print Name] �� Signature .za., Xe, L . S4-r ele., j [Print Name] APPROVED AS TO LEGAL FORM APPROVED AS TO LEGAL FORM I City Attorney _ _ ..,. — � "School Board Attorn ey H:\ data \wp51 \doc \agreemt \PBGrdns.tte 5 AAH:cd 1/15198 STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an Office duly authorized in the State and County aforesaid to take acknowledgments, personally appeared , Mayor of the CITY OF PALM BEACH GARDENS, a municipal corporation of the State of Florida, and that he acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said City. WITNESS my hand and seal on this the day of , 1998. Notary Public, State of Florida at Large STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me an Office duly authorized in the State and County aforesaid to take acknowledgements, personally appeared ���� Z�,D�� , Chairman of the SCHOOL BOARD OF PALM BEACH COUNTY, Florida, a public school corporation of the State of Florida, and that he acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said School Board. WITNESS my hand and seal on this the a 5 day of 1998. evy, LINDA J. SAVILLE MY COMMISSION o CC4326% EXPIRES Notary January 16, 1999 Public, State of Florida at Large ?;�cc oa d^ 90NDEDTHRU TROY FAIN WARANCE, INC. H:\ data \wp51 \doc \agreemt \P13Grdns.tte 6 AAH:cd 1/15/98 This Instrument should be returned to: Director, Planning and Real Estate The School Board of Palm Beach County 3320 Forest Hill Boulevard West Palm Beach, Florida 33406 -5813 ADDENDUM TO MASTER INTERLOCAL AGREEMENT BETWEEN THE PALM BEACH COUNTY SCHOOL DISTRICT AND THE CITY OF PALM BEACH GARDENS FOR THE MUTUAL USE OF. RECREATIONAL FACILITIES AT H. L. WATKINS MIDDLE SCHOOL AND THE LAKE CATHERINE SPORTS FACILITIES This Agreement made and entered into this day of , 1998 by and between the CITY OF PALM BEACH GARDENS, Florida, a municipal cooperation organized and existing under the laws of the State of Florida, . hereinafter referred to as the "CITY" and the SCHOOL DISTRICT OF PALM BEACH COUNTY, Florida, a public school corporation, hereinafter referred to as the "DISTRICT ". WITNESSETH: WHEREAS, the BOARD is the owner in fee simple of the 20.0± acres public school known as H. L. Watkins Middle School, located within the CITY. A complete description thereof being attached hereto as Exhibit "A ". WHEREAS, the CITY owns and operates the Lake Catherine Sports Complex located adjacent to H. L. Watkins as shown on Exhibit "B ". WHEREAS, both the BOARD and the CITY own and operate various athletic facilities in the area of H. L. Watkins Middle School, and the Lake Catherine Sports Facility, which includes gymnasiums, playgrounds, ballfields, athletic fields and recreational areas for the benefit of public school students and the general public, and WHEREAS, both the BOARD and the City recognize the needs, on occasion, for both parties to utilize the facilities of the other and thereby prevent unwarranted duplication of athletic and recreational facilities. NOW, THEREFORE, FOR AND IN CONSIDERATION OF MUTUAL BENEFITS RECEIVED BY EACH PARTY, the parties hereto mutually agree as follows: 1. Mutual Use of Athletic Facilities. Each party agrees to permit the other, according to prescribed _ _ procedures. and conditions set forth herein, to utilize its athletic facilities and each party shall be responsible for its utilities cost associated herewith. Payment of utilities shall be payable upon demand. -The athletic and recreational facilities at H.L. Watkins, owned and operated by the DISTRICT shall be available, for use by the Palm Beach Gardens Recreation Department at all times, except during normal daytime school programs for children, or when being used for school activity programs. The athletic and recreational facilities at the Lake Catherine Sports Complex owned and operated by the City shall be available for use by the Board at all times, except during regularly scheduled programs of the City Recreation Department. 2. Procedure for Requesting Use of a Facilitv. All requests by the City for the use of the H. L. H:\ data\wp51 \doc \agreemt \interloc.hlm I AAH:cd 1/15/98 Watkins public school athletic facilities will be initiated by the City Recreation Department and directed to principal of H. L. Watkins Middle school. The Principal will evaluate the request and approve if the facility is not otherwise in school use. All requests by the Board for the use of the Lake Catherine Sports Complex will be initiated by the Principal of H.L. Watkins Middle School and directed to the Director of the Palm Beach Gardens's Recreation Department. The director will evaluate the request and approve if facility is not otherwise in use. 3. Notice: The City and Board agree to provide adequate notice, when ;it is necessary to use the above described facilities. Notice may be in the form of a schedule of activities; memoranda or other written form; outlining the date, time and facility needed. Adequate notice is deemed to be ten days prior to the date needed. In the event of scheduling conflicts, the facility's owners schedule will prevail if an alternative cannot be agreed upon. 4. Adeauate Supervision and Student Conduct: Both parties agree to provide adequate supervision at all times, taking into consideration the type of activities planned, when using the other's facilities. Student conduct and discipline at school facilities shall be governed by School Board Policy Chapter 5.18. A copy of Chapter 5.18 being attached hereto as Exhibit "C ". 5. Manner of Use: Cleanup. Both parties agree to utilize the facilities and equipment of the other in the manner, and to the extent and degree intended for the particular facility or equipment in use and further agree to leave such facilities and equipment in a clean and orderly condition upon leaving the facility. 6. Vandalism to ]Facilities When in Use Pursuant to this Agreement. The City agrees to be responsible for vandalism occurring to the BOARD'S facilities occurring during the periods the facilities are used by the City. The owner of the respective facility shall cause such repairs to be made as necessary to correct the damage and submit an itemized invoice to the other for damage incurred during the other's use of the facility. The School Board agrees to be responsible for vandalism occurring to the City's facilities occurring during the periods the facilities are used by the School Board. 7. Insurance: The School Board recognizes its liability for certain tortious acts of its agents officers, employees and invitees to the extent and limit provided in Chapter 768.28, Florida Statutes, the State of Florida's partial waiver of sovereign immunity, for the period of time the School Board is using City facilities designated through an addendum to this Agreement, provided however, that this provision shall not be construed as a waiver of any right or defense which the School Board may possess, and it reserves all such rights as against any and all claims that may be brought against it under this Agreement. 8. Insurance: The City recognizes its liability for certain tortious acts of its agents, officers, employees and invitees to the extent and limit provided in Chapter 768.28, Florida Statutes, for the period of time the City is using school facilities designated through an addendum to this Agreement, provided however, that this provision shall not be construed as a waiver of any right or defense which the City may possess, and it reserves all such rights as against any and all claims that may be brought against it under this Agreement. H:\ data \wp5I Woc\agreemt\interloc.him 2 AAH:cd 1/15/98 9. Terms. This Agreement shall become effective upon approval of both parties, and shall continue during the term set forth in the Master Interlocal Agreement with review by both City and District annually, notwithstanding the foregoing this Agreement may be terminated by either party upon written notice as provided below. 10. Termination. Either party may terminate this Agreement without cause upon sixty (60) days written notice to the other. Notice pursuant to this Agreement shall be given to the DISTRICT at: Superintendent of the Schools, 3340 Forest Hill Boulevard, West Palm Beach, FL; and to the City at: City Manager, 10500 North Military Trail, P.B.G., FL. 11. Both parties to this Agreement agree not to discriminate against any person on the basis of race, religion, national origin, age, sex, or martial status, in the use of athletic facilities pursuant to the Agreement. 12. This Agreement contains all the understandings of the parties hereto, notwithstanding any previous written or oral understandings between the parities on the same subject. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed in their respective names by their proper officials and under their official seas as of the day and year first above written. ATTEST: CITY OF PALM BEACH GARDENS, FLORIDA, By: Linda V. Kosier, City Clerk (SEAL) ATTES By: Q-4-4 _ Paulette Burdick, Chairman (SEAL)., By: Mayor Joe Russo SCHOOL BO OF PALM BEACH COUNTY RIDA By: DrrMan #- Kowal, Superintendent APPROVED AS TO FORM AND SUFFICIENCY APPROVED AS TO FORM AND SUFFICIENCY CITY ATTORNEY SCHOOL BOARD ATTORNEY By: By: Tom Baird Karen V.D.H. Fischer H:\ data\wp5I Wo6agreem0interloc.him 3 AAH:cd 1/15/98 This Instrument should be returned to: Director, Planning and Real Estate The School Board of Palm Beach County 3320 .Forest Bill Boulevard west Palm Beach, Florida 33406 -5813 ADDENDUM TO THE MASTER INTERLOCAL AGREEMENT BETWEEN THE SCHOOL DISTRICT AND THE CITY OF PALM BEACH GARDENS FOR WATSON B. DUNCAN MIDDLE SCHOOL THIS AGREEMENT made and entered into this day of 1998, by and between the CITY OF PALM BEACH GARDENS, Florida, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as the "CITY" and the SCHOOL BOARD OF PALM BEACH COUNTY, Florida, a public school corporation, hereinafter referred to as the "DISTRICT" WITNESSETH. WHEREAS, the BOARD is the owner in fee simple of approximately 35.0 acres of land with a 4.53 access easement known as Watson B. Duncan Middle School located within the CITY and located west of Central Boulevard, and a complete description thereof being attached hereto as Exhibit "A„ WHEREAS, the DISTRICT desires to construct, maintain and operate a middle school facility on said premises; and WHEREAS, the DISTRICT has petitioned the CITY to approve such usage on the lands described in Exhibit "A: under the Planned Unit Development zoning procedures of the CITY, and an Ordinance, same being Ordinance 20, 1989, has been initiated and placed on first reading; and WHEREAS, the CITY and DISTRICT are fully aware 'that under the laws of the State of Florida, the CITY does not have the power to issue Building Permits or Certificates of Occupancy, and that the powers of the CITY are land use and zoning approvals; and H: \data \wp51 \doc \agreemt \PBGarden. WDM 1 AAH: cd 1/15/98 WHEREAS, the CITY, under its powers, is desirous that under its required procedure that the integrity of its Comprehensive Land Use Plan is maintained and that the residents have reasonable use of certain parts of the school facility when not in use for education or program purposes established by the BOARD. NOW, THEREFORE, for an in consideration of the covenants herein contained, the parties agree as follows: 1. Mutual Use of Athletic Facilities. Each party agrees to permit the other, according to prescribed procedures and conditions set forth herein, to utilize its athletic facilities and each party shall be responsible for its utilities cost associated herewith. Payment of utilities shall be payable upon demand. The athletic and recreational facilities at Watson B. Duncan Middle School, owned and operated by the BOARD shall be available for use by the Palm Beach Gardens Recreation Department at all times, except during normal daytime school programs for children, or when being used for school activity programs. The athletic and recreational facilities owned and operated by the City shall be available for use by the Board at all times, except during regularly scheduled programs of the City Recreation Departunent. 2. Procedure for Reauestine Use of a Facility. All requests by the City for the use of the Watson B. Duncan Middle School athletic facilities will be initiated by the City Recreation Departunent and directed to principal of Watson B. Duncan Middle School. The Principal will evaluate the request and approve if the facility is not otherwise in school use. All requests by the Board for the use of City recreational facilities will be initiated by the Principal of Duncan B. Watson Middle School and directed to the Director of the Palm Beach Gardens's Recreation Department. The director will evaluate the request and approve if facility is not otherwise in use. H:\ data \wp51 \doc \agreemt \PBGarden.WDM 2 AAH:cd 1/15/98 3. Notice: The City and District agree to provide adequate notice, when it is necessary to use the above described facilities. Notice may be in the form of a schedule of activities; memoranda or other written form; outlining the date, time and facility needed. Adequate notice is deemed to be ten days prior to the date needed. In the event of scheduling conflicts, the facility's owners schedule will prevail if an alternative cannot be agreed upon. 4. Adeauate Supervision and Student Conduct: Both parties agree to provide adequate supervision at all times, taking into consideration the type of activities planned, when using the other's facilities. Student conduct and discipline at school facilities shall be governed by School Board Policy Chapter 5.18. A copy of Chapter 5.18 being attached hereto as Exhibit "'C". 5. Manner Qf Use: Cleanup. Both parties agree to utilize the facilities and equipment of the other in the manner, and to the extent and degree intended for the particular facility or equipment in use and further agree to leave such facilities and equipment in a clean and orderly condition upon leaving the facility. 6. Vandalism to Facilities When in Use Pursuant to this Agreement. The City agrees to be responsible for vandalism occurring to the DISTRICT'S facilities occurring during the periods the facilities are used by the City. The owner of the respective facility shall cause such repairs to be made as necessary to correct the damage and submit an itemized invoice to the other for damage incurred during the other's use of the facility. The School District agrees to be responsible for vandalism occurring to the City's facilities occurring during the periods the facilities are used by the School Board. 7. Insurance: The School District recognizes its liability for certain tortious acts of its agents officers, employees and invitees to the extent and limit provided in Chapter 768.28, Florida Statutes, the State of Florida's partial waiver of sovereign immunity, for the period of time the School Board H:\ data \wp51 \doc \agreemt \PBGarden.WDM 3 AAH:cd 1/15/98 is using City facilities designated through an addendum to this Agreement, provided however, that this provision shall not be construed as a waiver of any right or defense which the School Board may possess, and it reserves all such rights as against any and all claims that may be brought against it under this Agreement. 8. Insurance: The City recognizes its liability for certain tortious acts of its agents, officers, employees and invitees to the extent and limit provided in Chapter 768.28, Florida Statutes, for the period of time the City is using school facilities designated through an addendum to this Agreement, provided however, that this provision shall not be construed as a waiver of'any right or defense which the City may possess, and it reserves all such rights as against any and all claims that may be brought against it under this Agreement. 9. Terms. This Agreement shall become effective upon approval of both parties, and shall continue during the term set forth in the Master Interlocal Agreement with review by both City and District annually, notwithstanding the foregoing this Agreement may be terminated by either party upon written notice as provided below. 10. Termination. Either party may terminate this Agreement without cause upon sixty (60) days written notice to the other. Notice pursuant to this Agreement shall ;be given to the DISTRICT at: Superintendent of the Schools, 3340 Forest Hill Boulevard, West Palm Beach, FL; and to the City at: City Manager, 10500 North Military-Trail, P.B.G., FL. 11. Both parties to this Agreement agree not to discriminate against any person on the basis of race, religion, national origin, age, sex, or martial status, in the use of athletic facilities pursuant to the Agreement. 12. This Agreement contains all the understandings of the parties hereto, notwithstanding any previous written or oral understandings between the parities on the same - subject. H:\ data \wp51 \doc \agreemt \PBGarden.WDM 4 AAH:cd 1/15/98 IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to be executed by its respective officers on the day, month and year aforementioned. CITY OF PALM BEACH GARDENS, FLORIDA Joe Russo, Mayor Linda Kosier, City Clerk WITNESSES: (Two are required) Signature [Print Name] Signature [Print Name] APPROVED AS TO LEGAL FORM City Attorney H:\ data \wp51 \doc \agreemt \PBGarden. WDM THE SCHOOL BOARD OF PALM BEACH COUNTY ")At &x-L U!,c.UC� /aulette Burdick, Chairman Dr. Joan P. Kowal, Superintendent WITNESSES: (Two are required) ew l Si cure [Print Name] 0�- 44+, —CL Sig tur [Print Name] APPROVED AS TO LEGAL FORM School Board Attorney 5 AAH:cd 1/15/98 STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an Office duly authorized in the State and County aforesaid to take acknowledgments, personally appeared , Mayor of the CITY OF PALM BEACH GARDENS, a municipal corporation of the State of Florida, and that he acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said City. WITNESS my hand and seal on this the day of , 1998. Notary Public, State of Florida at Large STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me an Office duly authorized in the State and County aforesaid to take acknowledgements, personally appeared �� 4CA4 Chairman of the SCHOOL BOARD OF PALM BEACH COUNTY, Florida, a public school corporation of the State of Florida, and that he acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said School Board. WITNESS my hand and seal on this the a S day of , 1998. LINDA J. Sp►VILLE My COMMISSION A CCM96 WIRES *: imuary 16, lass Notary Public, State of Florida at Large � g = WM30 TM TRM PAM WOW- H: INS. r. \ data \wp51 \doc \agreemt \PBGarden.WDM 6 AAH:cd 1/15/98 This Instrument should be returned to: Director, Planning and Real Estate The School Board of Palm Beach County 3320 Forest Hill Boulevard West Palm Beach, Florida 33406 -5813 _ ADDENDUNf TO THE- MASTER INTERLOCAL AGREEMENT" -- FOR THE MUTUAL USE OF RECREATIONAL FACILITIES AT PALM BEACH GARDENS HIGH SCHOOL AND THE CITY OF PALM BEACH GARDENS This Agreement made and entered into this day of 1998 by and between the CITY OF PALM BEACH GARDENS, Florida, a municipal cooperation organized and existing under the laws of the State of Florida, hereinafter referred to as the "CITY" and the SCHOOL BOARD OF PALM BEACH COUNTY, Florida, a public school corporation, hereinafter referred to as the "DISTRICT" WITNESSETH: WHEREAS, the BOARD is the owner in fee `simple of the 37.74+ acres of land and improvements thereon known as Palm Beach Gardens High School located within the CITY. A complete description thereof being attached hereto as Exhibit "A ". WHEREAS, both the BOARD and the CITY own and operate various athletic facilities in the area of Palm Beach Gardens High School, which includes gymnasium, ballfields, tennis courts, hand ball courts, athletic fields and recreational areas for the benefit of public school students and the general public, and WHEREAS, both the BOARD and the City recognize the needs, on occasion, for both parties to utilize the facilities of the other and thereby prevent unwarranted duplication of athletic and recreational facilities. - NOW, THEREFORE, FOR AND IN CONSIDERATION OF MUTUAL BENEFITS RECEIVED BY EACH PARTY, the parties hereto mutually agree as follows: 1. Mutual Use of Athletic Facilities. Each party agrees to permit the other, according to prescribed procedures and conditions set forth herein, to utilize its athletic facilities and each party shall be responsible for its utilities cost associated herewith. The athletic and recreational facilities at Palm Beach Gardens High School, owned and operated by the DISTRICT shall be available for use by the H:\ data \wp51 \doc \agreemt \interloc.pgh 1 AAH:cd 1/15/98 Palm Beach Gardens Recreation Department except during normal daytime school programs for children, or when being used for school activity programs. The athletic and recreational facilities owned and operated by the City, such as the City's swimming pool and ballfields, shall be available to -the DISTRICT for use. by the various - public. schools_ in the. -City, except at those- times-when in the opinion of the City of Palm Beach Gardens Recreation Department, the recreational needs of the City have priority over the use of the facility by the students. 2. Procedure for Requesting Use of a Facility_ : All requests by the City for the use of the Palm Beach Gardens High school athletic facilities will be initiated by the Director of the City Recreation Department and directed to the Principal of Palm Beach Gardens High School. The Principal will evaluate the request and approve if the facility is not otherwise in school use. All requests by the School Board for the use of the City facilities will be initiated by the Principal of Palm Beach Gardens High and directed to the Director of the City Recreation Department. The Director will evaluate the request and approve if the facility is not otherwise in use. 3. Notice: The City and Board agree to provide adequate notice, .when it is necessary to use the above described facilities. Notice may be in the form of a schedule of activities; memoranda or other written form, outlining the date, time and facility needed. Adequate notice is deemed to be ten days prior to the date needed. In the event of scheduling conflicts, the facility's owners schedule will prevail if an alternative cannot be agreed upon. 4. Adequate Supervision and Student Conduct: Both parties agree to provide adequate supervision at all times, taking into consideration the type of activities planned, when using the other's facilities. Student conduct and discipline at school facilities shall be governed by School Board policy Chapter 5.18. A copy of School Board Policy Chapter 5.18 being attached hereto as Exhibit "B ". 5. Manner of Use; Cleanun: Both parties agree to utilize the facilities. and equipment of the _ other in the manner, and to the extent and degree intended for the particular facility or equipment in ... use and further agree to leave such facilities and equipment in a clean and orderly condition upon leaving the facility. 6. Vandalism to Facilities When in Use Pursuant to this Agreement; The City agrees to be responsible for vandalism occurring to the DISTRICT'S facilities occurring during the periods the facilities are used by the City. The School Board agrees to be responsible for vandalism occurring to the City's facilities occurring during the periods the facilities are used by the School Board. The owner of the respective facility shall cause such repairs to be made as necessary to correct the damage and H:\ data \wp51 \doc \agreemt \interloc.pgh 2 AAH:cd 1/15/98 submit an itemized invoice to the other for damage incurred during the other's use of the facility. The School Board agrees to be responsible for vandalism ocurring to the City's facilities occurring during the periods the facilites are used by the School Board. The City agrees to. be responsbile for vandalism_ . ocurring to the School Board's facilities occurring during the periods the facilites are used by the City. 7. Insurance: The School Board recognizes its liability for certain tortious acts of its agents officers, employees and invitees to the extent and limit provided in Chapter 768.28, Florida Statutes, the State of Florida's partial waiver of sovereign immunity, for the period of time the School Board is using City facilities designated through an addendum to this Agreement, provided however, that this provision shall not be construed as a waiver of any right or defense which the School Board may possess, and it reserves all such rights as against any and all claims that may be brought against it under this Agreement. Insurance: The City recognizes its liability for certain tortious acts of its agents, officers, employees and invitees to the extent and limit provided in Chapter 768.28, Florida Statutes, for the period of time the City is using school facilities designated through an addendum to this Agreement, provided however, that this provision shall not be construed as a waiver of any right or defense which the City may possess, and it reserves all such rights as against any and all claims that may be brought against it under this Agreement. 9. Terms: This Agreement shall become effective upon approval of both parties, and shall continue during the term set forth in the Master Interlocal Agreement with review by both City and Board annually, notwithstanding the foregoing this Agreement may be terminated by either party upon written notice as provided below. 10. Termination: Either party may terminate this Agreement without cause upon sixty (60) days written notice to the other. Notice pursuant to this Agreement shall be give to the DISTRICT at: Superintendent of the Schools, 3340 Forest Hill Boulevard, West Palm Beach FL 33406; and to the City at: City Manager, 10500 North Military Trail, Palm Beach Gardens, Florida. 11. Both parties to this Agreement agree not to discriminate against any person on the basis of race, religion, national origin, age, sex, or martial status, in the use of athletic facilities pursuant to the Agreement. H:\ data \wp51 \doc \agreemt \interloc.pgh 3 AAH:cd 1/15/98 12. This Agreement contains all the understandings of the parties hereto, notwithstanding any revious written or oral understandings: between the: arities.on the same :sub ect IN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed in their respective names by their proper officials and under their official seal as of the day and year first above written. H:\ data \wp5I Woc\agreemt \interloc.pgh 4 AAH:cd 1/15/98 r ATTEST: By: Linda V. Kosier, City Clerk (SEAL) i ATTEST: BY: aL'�� Paulette Burdick, Chairman (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY CITY ATTORNEY By: Tom Baird H: \data \wp51 \doc \agreemt \interloc.pgh CITY OF PALM BEACH GARDENS, FLORIDA By: Mayor Joe Russo SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA By: A'-� D% Joan P. Kowal, Superintendent APPROVED AS TO FORM AND LEGAL SUFFICIENCY SCHOOL BOARD ATTORNEY By: Karen V.D.H. Fischer 5 AAH:cd 1/15/98 This Instrument should be returned to: Director, Planning and Real Estate The School Board of Palm Beach County 3320 Forest Hill Boulevard West Palm Beach, Florida 33406 -5813 ADDENDUM TO THE MASTER INTERLOCAL AGREEMENT BETWEEN THE SCHOOL DISTRICT AND THE CITY OF PALM BEACH GARDENS FOR WILLIAM T. DWYER HIGH SCHOOL This Agreement made and entered into this day of , 1998 by and between the CITY OF PALM BEACH GARDENS, Florida, a municipal cooperation organized, and existing under the laws of the State of Florida, hereinafter referred to as the "CITY" and the SCHOOL BOARD OF PALM BEACH COUNTY, Florida, a public school corporation, hereinafter referred to as the "DISTRICT ". WITNESSETH: WHEREAS, the DISTRICT is the owner in fee simple of approximately sixty (60) acres of land and improvements located within the corporate limits of the CITY and more specifically located on Central Boulevard, known as William T. Dwyer High School. A complete description thereof being attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, the DISTRICT petitioned the city to approve such usage on the lands described in Exhibit "A" under the Planned Unit Development zoning procedures of the CITY, and Ordinance 10, 1989, allowing such use was approved by the CITY, and WHEREAS, both the DISTRICT and the CITY own and operate various athletic facilities within the City of Palm Beach Gardens, which includes gymnasium, ballfields, tennis courts, hand ball courts, athletic fields and recreational areas for the benefit of public school students and the general public, and WHEREAS, both the DISTRICT and the City recognize the needs, on occasion, for both parties to utilize the facilities of the other and thereby prevent unwarranted duplication of athletic and recreational facilities. H:\ dat a \wp51 \doc \agreemt \PBGardens.wdh 1 AAH:cd 1/15/98 NOW, THEREFORE, FOR AND IN CONSIDERATION OF MUTUAL BENEFITS RECEIVED BY EACH PARTY, the parties hereto mutually agree as follows: 1. Mutual Use of Athletic Facilities. Each party agrees to permit the other, according to prescribed procedures and conditions set forth herein, to utilize its athletic facilities and each party shall be responsible for its utilities cost associated herewith. The athletic and recreational facilities at William T. Dwyer High School, owned and operated by the BOARD shall be available for use by the Palm Beach Gardens Recreation Department except during normal daytime school programs for children, or when being used for school activity programs. The athletic and recreational facilities owned and operated by the City, such as the City's swimming pool and ballfields, shall be available to 'the BOARD for use by the various public schools in the City, except at those times when, in the opinion of the City of Palm Beach Gardens Recreation Department, the recreational needs of the City have priority over the use of the facility by the students. 2. Procedure for Reauestin¢ Use of a Facility: All requests by the City for the use of the William T. Dwyer High school athletic facilities will be initiated by the Director of the City Recreation Depaiifuent and directed to the Principal of William T. Dwyer High School. The Principal will evaluate the request and approve if the facility is not otherwise in school use. All requests by the School Board for the use of the City facilities will be'initiated by the Principal of William T. Dwyer High and directed to the Director of the City Recreation Department. The Director will evaluate the request and approve if the facility is not otherwise in use. 3. Notice: The City and Board agree to provide adequate notice, when it is necessary to use the above described facilities. Notice may be in the form of a schedule of activities; memoranda or other written form, outlining the date, time and facility needed. Adequate notice is deemed to be ten days prior H:\ data \wp51 \doc \agreemt \PBGardens.wdh 2 AAH:cd 1/15/98 to the date needed. In the event of scheduling conflicts, the facility's owners schedule will prevail if an alternative cannot be agreed upon. 4. Adeauate Supervl$lpn and Student CondUQt: Both parties agree to provide adequate -- supervision at all times, taking into consideration the type of activities planned, when using the other's facilities. Student conduct and discipline at school facilities shall be governed by School District policy Chapter 5.18. A copy of School District Policy Chapter 5.18 being attached hereto as Exhibit "B ". 5. Manner of Use: Cleanup: Both parties agree to utilize the facilities and equipment of the other in the manner, and to the extent and degree intended for the particular facility or equipment in use and further agree to leave such facilities and equipment in a clean and orderly, condition upon leaving the facility. 6. Vandalism to Facilities When in Use Pursuant to this Aizreement: The City agrees to be responsible for vandalism occurring to the DISTRICT'S facilities occurring during the periods the facilities are used by the City. The School District agrees to be responsible for vandalism occurring to the City's facilities occurring during the periods the facilities are used by the School Board. The owner of the respective facility shall cause such repairs to be made as necessary to correct the damage and submit an itemized invoice to the other for damage incurred during the other's use of the facility. The School Board agrees to be responsible for vandalism occurring to the City's facilities occurring during the periods the facilities are used by the School District. The City agrees to be responsible for vandalism occurring to the School District's facilities occurring during the periods the facilities are used by the City. 7. Insurance: The School District recognizes its liability for certain tortious acts of its agents officers, employees and invitees to the extent and limit provided in Chapter 768.28, Florida Statutes, the State of Florida's partial waiver of sovereign immunity, for the period of time the School District is using H:\ data \wp51 \doc \agreemt \PBGardens.wdh 3 AAH:cd 1/15/98 City facilities designated through an addendum to this Agreement, provided however, that this provision shall not be construed as a waiver of any right or defense which the School District may possess, and it reserves all such rights as against any and all claims that may be brought against it under this Agreement. _ _... 8. Insurance: The City recognizes its liability for certain tortious acts of its agents, officers, employees and invitees to the extent and limit provided in Chapter 768.28, Florida Statutes, for the period of time the City is using school facilities designated through an addendum to this Agreement, provided however, that this provision shall not be construed as a waiver of. any right or defense which the City may possess, and it reserves all such rights as against any and all claims that may be brought against it under this Agreement. 9. Terms: This Agreement shall become effective upon approval of both parties, and shall continue during the term set forth in the Master Interlocal Agreement with review by both City and Board annually, notwithstanding the foregoing this Agreement may be terminated by either party upon written notice as provided below. 10. . Termination: Either party may terminate this Agreement without cause upon sixty (60) days - written notice to the other. Notice pursuant to this Agreement shall be give to the DISTRICT at: Superintendent of the Schools, 3340 Forest Hill Boulevard, West Palm Beach FL 33406; and to the City at: City Manager, 10500 North Military Trail, Palm Beach Gardens, Florida. 11. Both parties to this Agreement agree not to discriminate against any person on the basis of race, religion, national origin, age, sex, or martial status, in the use of athletic facilities pursuant to the Agreement. 12. This Agreement contains all the understandings of the parties hereto, notwithstanding any previous written or oral understandings between the parities on the same subject. H:\ data \wp51 \doc \agreemt \PBGardens.wdh 4 AAH:cd 1/15/98 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by its respective officials and under their official seal as of the day and year first above written. CITY OF PALM BEACH GARDENS, FLORIDA Joe Russo, Mayor Linda Kosier, City Clerk WITNESSES: (Two are'required) Signature [Print Name] Signature [Print Name] APPROVED AS TO LEGAL FORM City Attorney THE SCHOOL BOARD OF PALM BEACH COUNTY Qjwt 0""Y"X Paulette,Burdick, Chairman Dr. Joan P.' Kowal, Superintendent WITNESSES: (Two are required) "/,/. e. & . I / cure _ I 1P '41AfLk-�TJ Si 7 Wk -e006 N [Print Name] QSignature (Print Name] APPROVED AS TO LEGAL FORM ;- School Board Attorney H:\ data \wp51 \doc \agreemt \PBGardens.wdh 5 AAH:cd 1/15/98 STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an Office duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Mayor of the CITY OF PALM BEACH GARDENS, a municipal corporation of the State of Florida, and that he acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said City. WITNESS my hand and seal on this the STATE OF FLORIDA COUNTY OF PALM BEACH day of , 1998. Notary Public, State of Florida at Large I HEREBY CERTIFY that on this day, before me an Office duly authorized in the State and County aforesaid to take acknowledgements, personally appeared Chairman of the SCHOOL BOARD OF PALM BEACH COUNTY, Florida, a public school corporation of the State of Florida, and that he acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said School Board. WITNESS my hand and seal on this the d S, day of � , 1998. ` ";W.X"T LINDA J. SAVILLE MY COMMISSION .N CC432695 EXPIRES January 16, 1999 90fOED T}MiU TROY FAIN INSURANCE, INC Notary Public, Sta a of Florida at Large H:\ data \wp51 \doc \agreemt\PBGardens.wdh 6 AAH:cd 1/15/98 L13 THE SCHOOL DISTRICT OF PALM BEACH COUNTY. FLORIDA NORTH AREA ADMINISTRATION ISLAND PLAZA 80 EAST 30TH STREET RIVIERA BEACH. FL 33404 (561) 881 -4718 FAX (581) 881 -4751 Susan Miller, Director Parks and Recreation Department 4404 Burns Road Palm Beach Gardens, FL 33410 Dear Ms. Miller, DR. JOAN P. KOWAL SUPEFOMENDOW OF SCHOOLS ULYSSES SMITH AREA S 9UVENNIElO ff June 5, 1998 d A r3„ a �oweAr�rr ro �+cr u�wiwo- C \A7 Thank you for your letter of May 28, 1998, regarding the Interlocal Agreement between the Palm Beach County School District and the City of Palm Beach Gardens Parks and Recreation Department. This is to notify you that the Interlocal Agreement is scheduled to be considered by the Palm Beach County School Board at the June 17, 1998, Board meeting. It is my understanding that the Agreement is being submitted to the Board without modifications. My apologies to you for not communicating actions I had taken to consummate this Agreement. If you require additional information please call me at 881 -4718. Sincerely, Ulyss Smith Are 5 Executive Director cc: Bobbie Herakovich Karen Marcus Phil Rohr Mel Coleman Linda Hines Paul Houlihan Ellen Gray Bruce Mitchell Randy Yates Vicki Gibson Elizabeth Kennedy Janice Cover CITY MANAGER'S OFFICE interoffice M E M O R A N D U M TO: Bobbie Herakovich, City Manager FROM: Greg Dunham, Assistant City Manager SUBJECT: Easement Agreement with MacArthur DATE: June 29, 1998 As you know, the Shady Lakes community as well as the Gardens of Woodberry desire to enter into an interlocal agreement with the City to enhance the landscaping along' Shady Lakes Boulevard. The City will provide in kind services such as grading and building berms. The cost of maintenance, plant material, and irrigation will be the responsibility of the respective Homeowners Associations. However, because the MacArthur Foundation owns half of the 100 foot right -of -way along Shady Lakes Drive, they must first provide the City with an easement agreement to permit the installation of landscape improvements adjacent to Shady Lakes Drive. The improvements will be accomplished from PGA Boulevard north to the entrance of the Shady Lakes community. bh6- 29.mem RESOLUTION 62, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AN EASEMENT AGREEMENT BETWEEN THE MAC ARTHUR FOUNDATION AND THE CITY TO PERMIT THE INSTALLATION OF LANDSCAPE IMPROVEMENTS ADJACENT TO SHADY LAKES DRIVE; AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE SAID EASEMENT AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the MacArthur Foundation and the City of Palm Beach Gardens have agreed to landscape improvements adjacent to Shady Lakes Drive; and WHEREAS the MacArthur Foundation has agreed to an Easement Agreement so facilitate said landscape improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves an Easement Agreement between the MacArthur Foundation and the City to permit the installation of landscape improvements adjacent to Shady Lakes Drive. SECTION 2. The City Council of the City of Palm Beach Gardens, Florida, hereby authorizes and directs the Mayor and City Clerk to execute said Easement Agreement, a copy of which is attached hereto and made a part hereof. SECTION 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF JULY, 1998. MAYOR JOSEPH R. RUSSO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY CITY ATTORNEY Resolution 62, 1998 Page 2 of 2 VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO AYE NAY ABSENT CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date:—June 29, 1998 Subject/Agenda Item: Allow for disposing of surplus equipment located on the Tanglewood park playground area. Recommendation/Motion: Authorize "Declaration of Surplus Asset" for playground equipment, shuffleboard and horseshoe courts located at Tanglewood park playground area. Reviewed by: Originating Dept: Costs: $ Council Action: Total City Attorney Parks & Recreation [ ] Approved Finance $ [ ] Approved W1 condffions Current FY ACM [ ] Denied Advertised: Human Res. Funding Source: [ ] Continued to: Attachments: Other Date: [ ] Operating Paper: [ ] Other I. Memo from Director of Parks & Recreation. 2. Declaration of Surplus ( X ] Not Required -Asset Form. Submitted by: Sue Miller, Department Director Affected parties [ ] Notified Budget Acct #:: [ ] None Approved by: City Manager [ X ] Not required r MEMO PARKS AND RECREATION TO: Bobbie Herakovich, City Manager FROM: Sue Miller, Director, Parks & RecreatioOL DATE: June 29, 1998 RE: Declaration of Surplus Asset from Tanglewood park playground area Staff requests the following equipment be declared surplus asset per SOP FIN-95 -5. 1. The small wooden picnic pavilion 2. The "S" slide 3. The wooden platform slide and climber 4. The covered slide and climber 5. The two person saddle bounce 6. The four person saddle bounce 7. The shuffleboard courts 8. The horseshoe courts 9. The two swing sets The majority of these items are very obsolete and no longer meet the United States Consumer_ = Product Safety Commission guidelines and should be removed. The shuffleboard and horseshoe._-­__ courts will be relocated in the future to the Westminster Church site property. If you have any questions regarding this request, I am available at your convenience. r- JUN 29 '98 12 :13PM PALM BEACH GARDENS P•3 City of Palm Beach Gardens Declaration of Surplus Asset Asset Number: Date: Serial Number: Department: ,1� s 4- 12641 -*W ,`. Historical Cost (cost when new): vH/,e�!�✓� Description: kkr�� the ►ti• c . CJ-1 Reason for Disposal Unserviceable, due to normal wear and tear Uneconomical to repair - Salvage, parts could be used Irreparably damaged or destroyed _Obsolete, no further value Disposal Method To be sold at auction Traded in on newer model y- Other: %;�4_lk " /Department Direttor - -- - Assistant Finance Director City Manager Approved by Resolution #: Finance Department: Date removed: RESOLUTION 67, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING A DECLARATION OF SURPLUS ASSETS BY THE PARKS AND RECREATION DEPARTMENT; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Parks and Recreation Department of the City of Palm Beach Gardens, Florida, has declared certain playground equipment as a surplus asset, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves a Declaration of Surplus Assets requested by the Parks and Recreation Department for playground equipment. SECTION 2. This Resolution shall be effective upon adoption INTRODUCED, PASSED AND ADOPTED THIS DAY OF JULY, 1998 MAYOR JOSEPH R. RUSSO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK n COUNCILMAN SABATELLO CITY ATTORNEY AYE NAY ABSENT June 16, 1998 RESOLUTION 51, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A WARRANTY DEED TO PALM BEACH COUNTY TO CONVEY RIGHT -OF -WAY NECESSARY TO INSTALL A RIGHT TURN LANE ON MILITARY TRAIL AT THE INTERSECTION OF BURNS ROAD; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, additional right -of -way is necessary for the County to install a right turn lane on Military Trail at the intersection with Burns Road; and WHEREAS, the City Engineer has approved the conveyance of certain right -of -way by use of a Warranty Deed to Palm Beach County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute a Warranty Deed conveying right -of -way from the City of Palm Beach Gardens, Florida, to Palm Beach County to enable the County to install a right turn lane on Military Trail at the intersection with Burns Road, on, under and across lands owned by the City of Palm Beach Gardens, said lands being more particularly described in Exhibit "A" attached hereto and made a part hereof. Section 2. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Section 3. This Resolution shall be effective upon date of passage. INTRODUCED, PASSED AND ADOPTED THIS DAY OF JUNE 1998. JOSEPH R. RUSSO, MAYOR RESOLUTIONN 51, 1998 PAGE 2 ATTEST: APPROVED AS TO LEGAL FORM LINDA V. KOSIER, CMC, CITY CLERK AND SUFFICIENCY M:3'oI VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK CITY ATTORNEY AYE NAY ABSENT V�AC1Y c6G Department of Engineering and Public Works P.O. Box 21229 West Palm Beach, FL 33416 -1229 (561) 684 -4000 http://www.co.paim-beach.fl.us ■ Palm Beach County Board of County Commissioners Burt Aaronson, Chairman Maude Ford Lee, Vice Chair Karen T. Marcus Carol A. Roberts Warren H. Newell Mary McCarty Ken L. Poster County Administrator Robert Weisman, P.E. "An Equal Opportunity Affirmative Action Employer- Ga printed on recycled paper 8 icc April 21, 1998 Mr. Greg Dunham, Assistant City Manager City of Palm Beach Gardens _ 10500 North Military Trail Palm Beach Gardens, Fl 33410 -4634 Re: Project: Military Trail and Burns Road Intersection (Right turn lane) Project. No.: 97108 Dear Mr. Dunham: Palm Beach County is in the planning stages of adding a right turn lane at Military Trail and Burns Road. Additional right -of -way will be necessary for this project.. our records indicate that the City of Palm Beach Gardens owns the property where additional right -of -way is needed. Enclosed is a Warranty Deed along with the legal and sketch for the property needed. Please respond to this request as soon as possible. If you have any questions, please contact me at 561- 684 -4119. Sincerely,. Craig Wessendorf, Right -of -Way Specialist Right -of -Way Acquisition Section CW:sh Enclosures c: Ed Handy, Supervisor, Right -of -Way Acquisition Section Charles Rich, Director, Engineering Services Division Mike Parab, P.E., Engineering Services Division PROPOSED R1^W NOTES: PARCEL 100 1. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND MAPPER WHOSE SIGNATURE APPEARS BELOW. 2. THE LAND DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR 3. BEARINGS SHOWN HEREON ARE BASED ON THE PALM BEACH COUNTY GEODETIC CONTROL DENSIFICATION PROJECT WITH THE N -S 1/4 SECTION LINE OF SECTION 12 CALCULATED THEREFROM AND HAVING A BEARING OF N01 *33'25"E 4. ABBREVIATION LEGEND: P.O.C. = POINT OF COMMENCEMENT; P.O.B. _ POINT OF BEGINNING; O.R.B. = OFFICIAL RECORDS BOOK; D.B. = DEED BOOK; R/W = RIGHT -OF -WAY; STA. = STATION; SEC. = SECTION; TWP. _ TOWNSHIP; RGE. = RANGE 5. THIS IS NOT A SURVEY DESCRIPTION: A PORTION OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH ONE - QUARTER (S1 /4) CORNER OF SAID SECTION 12; THENCE N01'33'25 "E, ALONG THE NORTH -SOUTH ONE- QUARTER (N -S 1/4) SECTION LINE OF SAID SECTION 12, A DISTANCE OF 2153.06 FEET; THENCE S88'26'35 "E,. 53.00 FEET TO A POINT ON THE EXISTING EAST RIGHT -OF -WAY LINE OF MILITARY - ' TRAIL (PER DEED BOOK 814, PAGE 109; OFFICIAL RECORDS BOOK 1544, PAGE 1;. AND OFFICIAL RECORDS BOOK 6173, PAGE 1811), SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE N01'33'25 "E, ALONG SAID RIGHT -OF -WAY LINE, 457.11 FEET; THENCE N46'31'32 "E, ALONG SAID RIGHT -OF -WAY LINE, 35.13 FEET TO A POINT ON THE APPARENT SOUTH RIGHT -OF -WAY LINE OF BURNS ROAD (60 FEET WIDE); THENCE S88'30'04 "E, ALONG SAID APPARENT RIGHT -OF -WAY LINE, 30.13 FEET; THENCE S46'31'41 "W, 56.54 FEET; THENCE S01'33'25 "W, ALONG A LINE 15.00 FEET EAST OF AND PARALLEL WITH SAID EAST RIGHT -OF -WAY LINE OF MILITARY TRAIL, A DISTANCE OF 379.50 FEET; THENCE S15'03'10 "W, 64.27 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN PALM BEACH COUNTY, FLORIDA, - CONTAINING -7251 SQUARE - FEET (0.17 ACRES), MORE OR LESS. CERTIFICATE: I HEREBY CERTIFY THAT THE ATTACHED SKETCH AND DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS DELINEATED UNDER MY DIRECTION ON MARCH 18, 1998. 1 FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS. KATHLEEN L. HALL, P.L.S. FLORIDA REGISTRATION NO. 4103 L.B. #6555 KATNLE�E�N L,, HALL L-AN12 5UWE�YINCA, INC. LAND 5MVE�YING/ C.AV12 5F12VIa5 _ 23257 S.R. 7, SUITE 207 DATES 3/18/98 BOCA RATON, FL. 33428 SHEET 1 OF 2 2781100.DWG (561)487 -2447 JOB NO.: 2781 M:1.3 -F7 •• 0 O O BURNS ROAD S88'3003Q4 "E ,� M "'�STA.9 +70.50 107.96'RT. APPARENT N46'31'32 "E S46'31'41 "W 56.54' RAW LINE 35.13' I STA.9 +30.50 t 50' S3' 68 RT. I _ _ 15' w � z• _ � �I �PROPOSED —R/W LINE QCO w }� w z_ `r w-j W Q m Z C3 lf) wN N R �c min 0 I IZ co 00 j Z o ick$ 2781100.DWG S88'26'35 "E 53' 53.00' N V) M 0 V) STA.5 +51' 68 RT. 3 cV P.O.B. STA.4 +88.50 d w 53'RT. in iD z . N O J 2 0 N P.O.C. z 1/4 COR. SEC. 12,TWP.42S.,RGE.42E. KATHL.M N I, . NAIL LANs 5UM/V -YI NG, INC. LAND 51.M'YING1 CAM 5ETVIa5 23257 S.R. 7, SUITE 207 BOCA RATON, FL. 33428 (561)487 -2447 SCALE: 1" = 100' DATE: 3/18/98 SHEET 2 OF 2 JOB NO.: 2781 C Return to, Right -of -May Acquisition Section Name, Palm Beach County Engineering Post Office Box 21229 Address, Nest .Palm Beach, Florida 33616 Attn, CRAIG WES9ZNDORF Acct. No.s 360 -361 -0623 -6505 This Instrument Prepared by: Name, Paul P. Ring, Assistant County Attorney Palm Beach County Address, Post Office Box 21229 Nest Palm Heath, 1lorids 33616 D.C. No., 53- 47- �7 -17 -00 -000 -5300 SPACE ABOVE 7 HI9 LINE POR PROCB89ING DATA (Corporation) NOT TO BE RECORDED WITHOUT BOARD OF COUNTY CONHXSSIONEAS ACCEPTANCE DATE SPACE ABOVE THIS LINE FOR PROCESSING DATA PROJECT NO: 97108 ROAD: MILITARY TRAIL PARCEL NO: 100 WARRANTY DEED THIS WARRANTY DEED, made this day of , 19_, by CITY OF PALM BEACH GARDENS, 10500 N. MILITARY TRAIL, PALM BEACH GARDENS, FL 33410 -4634 a corporation existing under the laws of and having its principal place of business at hereinafter called grantor, to PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter called grantee. WITNESSETH: That the grantor, for and in consideration of the sum of TEN ($10.00) dollars and other valuable considerations, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the grantee, all that certain land situate in Palm Beach County, Florida, via: Property more particularly described in Exhibit *A- attached hereto and made a part hereof. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To HAVE AND TO HOLD, the same in fee simple forever. AND the grantor hereby covenants with said grantee that it is lawfully seised of said land in fee simple for Right -of -Way purposes; that it has good right and lawful authority to sell and convey said land; that it hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes subsequent to December 31, 199 . IN WITNESS WHEREOF the grantor has caused these presents to be executed in its name, and its corporate seal to be affixed, by its proper officers thereunto duly authorized, the day and year first above written. (CORPORATE SEAL) CITY OF PALM BEACH GARDENS Typed or printed name of Corporation Signed, sealed and delivered in the presence of: (Signature of two witnesses required by Florida law) BY: Witness Typed or printed name of witness ITS PRESIDENT Typed or printed name of president 10500 N. MILITARY TRAIL. PALM BEACH GARDENS, FL 33410 -4360 Witness Mailing address ATTEST: Typed or printed name of witness ITS SECRETARY STATE. OF Typed or printed name of secretary COUNTY OF BEFORE ME, the undersigned authority, personally appeared who is /are personally known to me or who has produced as identification and who did /did not take an oath, executed the foregoing instrument as such Officer(s) on behalf of the said Corporation for the uses and purposes therein expressed. WITNESS my hand and official seal this day of 19_ Signed: Notary Public in and for the County and State aforementioned NOTARIAL SEAL 277 -LGL Typed or printed name of Notary Public Rev. 04/14/98 My Commission expires: CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: July 2, 1998 Subject/Agenda Item: Consideration of approval for petition CU- 98 -02, by Dan Lehner, agent for The Renaissance Learning Center, Inc., is requesting site plan and temporary conditional use approval for the placement and use of one modular unit at the Nativity Lutheran Church, 4075 Holly Drive. (12- 42S -42E) Recommendation /Motion: Staff recommends that Resolution 54, 1998 be approved with three conditions. Reviewed by: Originating Dept.: Costs: $ 0 Council Action: Total City Attorney [ ] Approved _ Finance_ N/A $ 0 [ ] Approved Mconditinns Current FY ACM [ ] Denied Human Res. N/A Funding Source: [ ] Continued to: Advertised: Other N/A Date: [ ] Operating Attachments: Paper: [ x ] Not Required [ ] Other N/A Site Plan Brochure Submitted by: Principal Planner Affected parties [ ] Notified Budget Acct. #: Letters from Church [ ] None Approved by: City Manager ( x ] Not required BACKGROUND: Dan Lehner, agent for The Renaissance Learning Center, Inc., is requesting site plan and temporary conditional use approval to allow the placement and use of one modular unit at the Nativity Lutheran Church. The Nativity Lutheran Church is located on the north side of Holly. Drive, approximately % mile from the intersection of Military Trail and Holly Drive. The site plan for the 8,444 square foot church was approved in May of 1962 as a conditional use. There were three additions to the property. The first was in October 1967, the second, to build classrooms was in February 1972 and the third was in 1987 for an administrative building addition. The subject site is zoned RM (Residential Medium) with a conditional use overlay. The Agenda Cover Memorandum Date: July 2, 1998 Page 2 future land use designation is C (Commercial). The modular unit, totaling 1,820 square feet, will be located on the western side of the Fellowship and Education building. The unit will be placed vertically, with the rear of the unit facing Holly Drive. Five Oak trees will be planted along the perimeter of the unit, as well as a 2'6" Jasmine hedge to provide screening. Landscape elevations will be provided at the meeting. Per Section 118 -297 Temporary Conditional Uses, of the City's Zoning Code, the City Council may grant a temporary conditional use when such use is necessary due to business expansion. The Church has indicated that it will seek City approval for expansion within the next two years. The Renaissance Learning 'Center plans to use the modular unit to teach up to a maximum of eight students with autism. The children will range in age from three to six years old. The Center requires the additional space in order to devote individual attention to these special needs children. The petitioner and Church officials indicate that the Renaissance Learning Center functions in conjunction with Nativity Lutheran's Preschool. The children from the Center and the preschool interact with one another, providing the students a way to learn with other children their own age as well as with typically developing peers, according to the petitioner. A letter and a revocable license agreement from the Church Pastor explaining the partnership between the Church and the Center are provided. S. % Zoning: Required /Allowed Provided Compliance Conditional Use RM )> C Temporary P ry Yes Church Conditional Use School Front Setback: 30 120 Yes Side Setback: 10 133 Yes S Street Side Facing S eet 9 8 2 0 Yes Setback: 20 10 from existing building Re a r Setback: 20 70 Yes Building Height: 36 Max 13' i t Coverage: Building Lo 9 a 4.74 /o (including 9 Yes 0 35 /o Max. existing building) 9) Agenda Cover Memorandum Page 3 Parking Required 47 (1 space per 4 seats) 83 Number Departmental Comments: Date: July 2, 1998 Building Official Jack Hanson has reviewed the petition and has given his approval provided that the entrance to the building is handicap accessible. The bathrooms need to be handicap accessible as well. Mark Hendrickson, City Forester, has reviewed the project and has recommended approval. The petitioner is proposing to surround the modular unit with 60 red tip cocoplum plants and install five 14-foot live oaks on the southern and western elevations of the modular unit. Under the Revocable License Agreement between the church and the Renaissance Learning Center, either party may cancel the agreement for cause within a 24 -hour period. Because of this clause, staff is recommending conditions of approval which would require the removal of the modular unit if the license agreement is canceled. Staff is also recommending the petitioner provide the City with a $1,000 bond, prior to the issuance of the Certificate of Occupancy, for the removal of the modular unit. Recommendation: Staff recommends approval of petition CU -98 -02 with the following conditions: 1. The petitioner shall have 24 months, from the effective approval date of this petition, to remove the modular unit from the site. 2. Should either Nativity Lutheran Church or the Renaissance Learning Center cancel the Revocable License Agreement between the parties, the party initiating the cancellation of said agreement shall notify the City Manager's Office within 48 hours of said cancellation. After the City Manager's Office is notified of said cancellation, the petitioner shall have five days to remove the subject modular unit from the site. 3. Prior to the issuance of a Certificate of Occupancy, the petitioner shall post a bond in the amount of $1,000 for the potential removal of the modular home. RESOLUTION 54, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING A TEMPORARY CONDITIONAL USE FOR THE PLACEMENT AND USE OF ONE MODULAR UNIT AT THE NATIVITY LUTHERAN CHURCH; PROVIDING FOR ADDITIONAL CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received a petition from Renaissance Learning Center for a temporary conditional use for the placement and use of one modular unit at the Nativity Lutheran Church, located at 4075 Holly Drive, Palm Beach Gardens; -WHEREAS, the City Council finds that the proposed temporary conditional use will not impair the value and appearance of surrounding properties and is consistent with the intent and purpose of the Land Development Regulations of the City; and WHEREAS, the City Council has determined that the proposed temporary conditional use is consistent with the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section L. The City Council of the City of Palm Beach Gardens hereby approves a temporary conditional use for the placement and use of one modular unit at the Nativity Lutheran Church located at 4075 Holly Drive, Palm Beach Gardens. Section 2. Construction of said development shall be in accordance with the following plans on file with the City's Planning and Zoning Department: 1. May 22, 1998 Site Plan, Enlarged Detail Plan, North, West and East Elevations 2. October 10, 1995 Engineering Plans, Space Master Manufacturing, Sheets 1 -7 3. October 9, 1 995 Foundation Details, Hilborn, Werner, Carter & Associates, Sheet 1. 4. June 26, 1998 Landscape Plan by Renaissance Learning Center. One Sheet. Section 3. Said site plan approval shall comply with the following conditions: (1) The conditional use approval shall be effective in the form and scope as approved for no more Resolution 54, 1998 Page 2 than 24 months from its effective date, or whenever the modular unit is removed from the site, whichever occurs first. (2) Should either Nativity Lutheran Church or the Renaissance Learning Center cancel the Revocable License Agreement between the parties, the party initiating the cancellation of said agreement shall notify the City Manager's Office within 48 hours of said cancellation. After the City Manager's Office is notified of said cancellation, the petitioner shall have five days to remove the subject modular unit from the site. (3) Prior to the issuance of a Certificate of Occupancy, the petitioner shall post a bond in the, amount of $1,000 for the potential removal of the modular home. Section 4. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF JULY 1998. JOSEPH RUSSO, MAYOR ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. KOSIER SUFFICIENCY. BY: CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK Resolution 54, 1998 Page 2 AYE NAY ABSENT Nativity Lutheran Church & Preschooi Announcing the Good News of Jesus Christ 4075 Holly Dr. Palm Beach Gardens, Florida 33410 East of Military Trail between PGA and Northlake Blvds. (561) 622 -4998 Fax (561) 622 =9947 Rev. Denise E. Gundersen, Pastor Patti Hitchcock, Activities director Marcy Verrastro, Preschool director Al Kraatz, Music director Diana Bly Church /preschool secretary City of Palm Beach Gardens Mayor J. Russo /City Council 10500 Burns Rd. Palm Beach Gardens, FL 33410 June 25, 1998 Your Honor, Mayor Russo and the members of Palm Beach Gardens City Council, In response to your concerns to our application for a portable classroom, I'm writing to clarify the relationship of Nativity Lutheran Church & Preschool and the Renaissance Learning Center. Nativity has been preparing children for elementary school since 1963. Since January 1997, Nativity and Renaissance have formed a unique partnership to intervene on behalf of children with autism. Extraordinary measures are necessary to draw an autistic child out of his/her collapsing world. Without intervention an autistic child will continue to become increasingly self - absorbed and uncommunicative. They simply will not learn language and social skills through the normal of process of imitation. The extraordinary measures that are provided by Renaissance are beyond the expertise of the average preschool, public or private. Understanding and responding to the educational needs of these children is a rare specialty. The founding parents of Renaissance were extremely fortunate to find a professional to direct an intervention program and to convince her to be employed in this unique experiment. In December 1996, the founding parents came to Nativity with a.grand request. They needed classroom space. They needed a preschool who would not isolate them, but embrace their goals by assisting them in the first stages of mainstreaming. They needed a partner who would allow them to run their own program according to scientifically- proven methods. And they needed a partner to share an operating license with them for a child care center; apparently, the Palm Beach County Health Department does not license two organization at one location that share bathrooms, playgrounds, etc. Nativity responded with a resounding, "Yes!" Beginning with the new school year of 98/99, the first mainstreaming experiences have demonstrated the remarkable progress of the intervention program. Over these months, Nativity and Renaissance have intentionally built the relationships to make the partnership function now and continue into the future. We have a revocable license agreement that governs our partnership. This agreement protects Nativity's ongoing preschool program as we develop this experiment into a working relationship. Under this agreement the directors of Renaissance and Nativity's preschool meet with me and the parent/administrator of Renaissance each month and the teaching staffs .meet together two to four times a year. During these meetings we discuss operating concerns and plans for the future growth of our partnership. Working together has brought tremendous professional skills to Nativity's preschool. The director of Renaissance has conducted in- service training for our teachers that has improved their effectiveness tremendously. We have, also, been able to successful intervene with several children with learning and behavior problems. Nativity has grown to rely on the expertise that Renaissance brings. As you know, we have a largely undeveloped site. Currently, Nativity is planning the first phase of a building program. Our first unit will include a multipurpose center to house dinner meetings, large worship services, preschool classes and other events. If this unit will successfully house a growing worshipping community, then we will be in position to build a school as the second unit. Then, if necessary, a new worship center would be the third unit. In any case, Nativity is committed to the continuing success of the intervention program of Renaissance. Finally, it is my hope to establish similar partnerships at other church preschools. This partnership is a natural extension of ministry to children and strengthens the sponsoring church and the community. We are very proud of the pioneering work we are doing and we believe that it reflects well on Palm Beach Gardens. Please join us in this experiment by approving a two year term for a portable classroom. This will allow Renaissance to increase their enrollment from three students to eight. Eight families will be able to fund the necessary administration and housing costs. Until now, one grandfather has been funding the monthly deficit that Renaissance incurs. Now this child is moving to Philadelphia and this source of funding will be lost. Renaissance must expand to eight students and this is beyond the capacity of Nativity's current facilities. We've come along way in less than two years. I have great confidence that we will be able to replace the portable with a permanent building in a timely fashion. Sincerely, The Rev. Denise E. Gundersen REVOCABLE, LICENSE AGREEMENT Nativity Lutheran Church of Palm Beach Gardens, Inc., ( "Nativity ") and Renaissance Learning Center ( "Renaissance ") agree as follows effective the 1 st day of January, 1998: Recitals A. Nativity is the owner of the real property at 4075 Holly Drive, Palm Beach Gardens, Florida. The property is improved with various buildings containing student classrooms and restrooms. Nativity is a church and Nativity also operates a preschool program in some or all of the classrooms. B. In connection with the operation of its preschool, Nativity has an "HRS license" and is bound by various rules and regulations of the State of Florida acting through its various agencies, including HRS - Palm Beach County Public Health Unit. C. Renaissance operates a preschool for special needs children, and has for some time operated that school on Nativity's property and under Nativity's HRS license. D. The parties desire to establish a relationship which will allow Renaissance to continue using a portion of the premises owned by Nativity, but subject to the provisions set forth herein and subject to rules and regulations established or promulgated by Nativity and by various governing agencies from time to time. Agreement 1. Nativity hereby grants to Renaissance a revocable and non - exclusive license to occupy one classroom space and to utilize Nativity's irestroom facilities as may be necessary from time to time. The classroom space to be occupied by Renaissance shall be determined and designated from time to time by Renaissance and Nativity. The license shall commence January 1, 1998, and shall continue at will on a month to month basis thereafter. Either party may cancel the license agreement at any time, with or without cause, upon notice of fifteen (15) days or more prior to the end of any monthly period. The license fee shall be $500.00 per month. Payment of the fee shall be due on or before the 1 st day of each month. 2. Nativity may terminate this license agreement for cause upon written notice to Renaissance at least twenty-four (24) hours prior to the date of termination. Upon termination for cause, any unearned portion of the license fee shall be refunded on a pro rata basis. Nativity may terminate the license agreement for cause for any one or more of the following reasons: A. Violation of any HRS rules, regulations, or guidelines or the rules and regulations of any appropriate governing authority. B. Acts or omissions on the part of Renaissance which Nativity deems are, detrimental to its licensing status. C. Failure to pay the license fee on ,a timely basis. D. The failure to abide by any rules and regulations promulgated by Nativity and accepted by Renaissance. E. Failure of Renaissance to abide by the covenants and conditions of this license agreement or the violation of any of provisions hereof. 4. Renaissance may terminate this license agreement for cause upon written notice to Nativity at least twenty -four (24) hours prior to the date of termination. Renaissance may terminate this agreement for cause upon the violation of this agreement by Nativity. Upon such termination by Renaissance, any unused portion of the license fee shall be refunded pro rata. times: 5. Renaissance covenants, warrants, and represents that it will at all A. Abide by all rules and regulations applicable to its school or Nativity's school promulgated by any governing authority, including, without limitation, HRS. B. Take no action which would jeopardize the operation of Nativity's school, including Nativity's HRS license. C. Abide by all reasonable directives or requirements established from time to time by the Nativity Principal or the board of directors of Nativity Lutheran Church of Palm Beach Gardens, Inc. D. Take no action which would serve to jeopardize the reputation of Nativity. E. Take no action which would affect or interfere with any zoning code or ordinance of any governing authority. F. Provide liability insurance naming Nativity as loss payee or as an additional insured, such liability insurance to have limits acceptable to Nativity and to provide for the payment of loss in the event of bodily injury, property damage, or any other tort. G. Promptly pay any utility charges or other service fees incurred by Renaissance. 6. Nativity covenants, warrants, and agrees that it shall at all times: A. Given Renaissance the exclusive use of the classroom space agreed upon by Renaissance and Nativity five (5) days per week from _ o'clock A.M. until o'clock P.M., and non - exclusive use of Nativity's restroom facilities. B. Provide heating, ventilation, and air conditioning. C. Provide electricity at no charge to Renaissance. D. Janitorial services consistent with the service provided by Nativity or its preschool. E. Parking for staff and visitors of Renaissance. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals as of the year and date below written. Renaissance Learning T By. �, Y. �"1. its Dated re:, (/-2<-/9 S H.%USERSWNDYIPERSONALWATNT YIRENAIS.LA rvity L r ur of P Im Beach Gardens By , ItS Dated City of Palm Beach Gardc �- Planning and Zoning Department 10500 N. Military Trail, PAtm Beach Gardens, FL 33410 (407) 775 -8295 Request Planned Unit Development Annexation Amendment To PUD /Site Plan Rezoning Conditional Use vSite Plan Review Amendment to the Comprehensive Plan Other (Explain) Concurrency Certificate Time Extension Project Name R L C gbblw-o l Date Site Informatign: - Acreage Address z1,o 7 s H. « y A,? Township y 2 Section / 2- Range 2 Estimated Present Population Estimated Future Population Current Zoning Q_141 Requested Zoning .Irrent Comprehensive Plan Land Use Designation 2 f" Requested Land Use Existing Use C �aur1 f f c b Proposed Use c r•�,, e , Jc , {, , Proposed Square Footage By Use 2 o n f 2 Proposed Number of Dwelling Unit(s) N 1,4 Owner NgT,v1ry /u 7- �� cN�Rcy Applicant (if not Owner) TyF ,c�E,�,o, s f a c r c - >{.vi.r 4 7, _ f 11 „/ C. Agent (if not Owner) Ra o - c i�A c i�q .� C ESN alt, Agent's Mailing Address 2 �,i y S. SL�R.,.,,iF �r� , iv. Pte«, Y�EA�H F� g 9 yob Agent's Telephone Number 6 2 s- 3 y 91f FAX Number 45:2 ,r 3 8 S S Architect Engineer Planner Landscape Architect FOR OFFICE USE ONLY: Petition Number C' �� ����/ Date & Time Received Fees: Application $ �, Cro . 00 Receipt Number Engineering $ Date Application Complete REVISED 9 -11 -92 - STATEMENT OF OWNERSHI1- and DESIGNATION OF AUTHORIZEp AGENT Before me, the undersigned authority personally appeared who being by me first duly sworn, on oath deposes and says: 1. That he /she is the fee simple title owner of the property described in the attached legal description. 2. That he /she is requesting #PP,eoytc lb Pct �c Tf�YOa�Y.1�tr 8u/ c Alwc, in the City of Palm Beach Gardens. 3. That he /she has appointed /[C- �,r,y,lrn,✓�c C c)rcN, r4 Cn"L to act as authorized agent in his /her brehalf to accomplish the abov (SIGNATURE OF OWNER) ' (STREET ADDRESS) L%l y,. i� Sc l/.t�� c %.rr (rK zsKL'! /' q n a✓ S r / `c` c-� (PRINT NAME OF OWNER) (CITY, STATE, ZIP) (TELEPHONE NUMBER) Sworn to and subscribed before me this � day of � Notary Pub c /--DIANA L BLY Notary ES t a l e • f F l o r d a /Public \`M, - _ Exp 08 ;,d.0 My Commission expires: �'�OG _ ..ommp CC564114 APPLICANT'S CERTIFICATION I /We affirm and certify that I /We understand and will comply with the provisions and regulations of the City of Palm Beach Gardens, Florida, Zoning Code. I /We further certify that the statements or diagrams made on any paper or plans submitted herewith are true to the best of my /our nowledge and belief. : Further, I /we understand that this application, attachments, and application filing fees become a part of the official records of the City of Palm Beach Gardens, Florida, and are not returnable. a� if ?.eQ,.GQ- FoK RE/✓Arfrr1.✓c� Cr79�2.r�.vG 4!;vlNZ APPLICANT IS: (SIGNATURE OF APPLICANT) Q Owner 2Aer�H c% CMCkA -L. r RFwq,rrgn,�a 4C- �WNZW6 CFA10? O (PRINT NAME OF APPLICANT) Optionee p. go7S- /7'04.<r /�R Lessee (STREET ADDRESS) Q Agent PA �, M 3cxe,y S.(a 6i:WC cL 334,10 (CITY, STATE, Z11?) Q Contract Purchaser (f6,- ) 776 v e? 6 / (TELEPHONE NUMBER) MS 11 Ul /11 /US 1 /:4-: 1:11 Jbl /rOr000. JaaL itNbhiN 10UZ EXISTING DATA BUILDING DATA PARKING DATA' EkiSTING SITE PLAN ZONING: CONDITIONAL USE. RH WGH DENSITY RESIDENTIAL .., SITE AREA. 467.22' x 467.22:: 218.295 st : 5 ACRES GROSS BUILDING AREA: 8.423 sf BUILDING COVERAGE: 3.9 9< SITE PLAN �.. - = - -- �- :r-- c MOW 1 ILJV WO R POW" MLS (� -1 FUA.0W ft�• ---- --'� __ TWO f;.,J loops f00 TM LOGMk .- Iff2 tYf7 M OvrbooM F[L : a A rtwsw t w 1 Oral ! �•VILb114.4. oA 1 y� z IL s IL ..= L" -- - - - -°-� MOLLY DRIVE JAN 12 '98 16:55 O �at 0 t CHURCH ;;; p� 70 5617757656 PAGE.02 WORSHIP SEATING: 186 REQUIRED PARKING: 1 SPACE / 4 SEATS : '47 SUNDAY SCHOOL CLASSROOMS :11 PARKING PROVIDED: 1 SPACE / 2.2S SEATS: 83 PRESCHOOL CLASSROOMS: 8 PAVED SPACES: 83 DINING SEATING : so GRASS SPACES : o . :.. OFFICES: 3 ; HANDICAP SPACES: 3 SITE DATA ZONING: CONDITIONAL USE. RH WGH DENSITY RESIDENTIAL .., SITE AREA. 467.22' x 467.22:: 218.295 st : 5 ACRES GROSS BUILDING AREA: 8.423 sf BUILDING COVERAGE: 3.9 9< SITE PLAN �.. - = - -- �- :r-- c MOW 1 ILJV WO R POW" MLS (� -1 FUA.0W ft�• ---- --'� __ TWO f;.,J loops f00 TM LOGMk .- Iff2 tYf7 M OvrbooM F[L : a A rtwsw t w 1 Oral ! �•VILb114.4. oA 1 y� z IL s IL ..= L" -- - - - -°-� MOLLY DRIVE JAN 12 '98 16:55 O �at 0 t CHURCH ;;; p� 70 5617757656 PAGE.02 3 A �2 d 64 kuj � r O � CD 4 2 W N Ala W s 2 n j 3 2 N `X r o, i I `O �.6 �a ��S L 2` 0 1, ►y J lti O 2. A e W V Z 2 `v V v e �j lyj f AP of It .. ............ . ..... ..... . 7 t77A lyj f AP of It 0 H e _ ' o W Ni - �: �co 9 a s W ki s z z Q lu J ►y v Q H h c ac Nativity Lutheran Church & Preschool Announcing the Good News of Jesus Christ 4075 Holly Dr. Palm Beach Gardens, Florida 33410 East of Military Trail between PGA and Northlake Blvds. (561) 622 -4998 Fax (561) 622 =9947 Rev. Denise E. Gundersen, Pastor Patti Hitchcock, Activities director Marcy Verrastro, Preschool director Al Kraatz, Music director Diana Bly, Church /preschool secretary June 7, 1998 To whom it may concern: The Renaissance Learning Center, Inc. (RLC) is currently leasing facilities on our campus. The council of Nativity Lutheran Church & Preschool has given consent for RLC to place a portable classroom building on our campus. This will allow RLC to provide educational services to 5 additional autistic children. 4 SinEbSc , r hal VCouncil President W � `r��/1 `o v � v a a a c r 3c t •jam O O V � V a� N oqG _ �D LO Wad o�jr o V W o (^D lz- L � � � ✓ M i+ N � rrrr, M � M � � � M 1� = C O O M U M M N M CD ��� _ �� V L� a� � - X N M m 0 °' a' LO C. �, m �' Z LO ° 0 cu cu ca 4LO Z e=asy �Q m o� F mV m� ca = H E. 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W m ) 0 cl 70 u N o a) E o ~} a� C � 0 m Ql Q) a) m p O a) C > +-+ C a) w L r w m m 0 "._ F- 4. m U L Q N CD '0 L w 4J L N io a) N +-+ cC ` c X00 0 c d4� E a)L _ w m O U > C LO L O~C L c`�v C m O ." C? C L >' N / N L m %- i a) �"� Y � N 0 a) 0 N O a) C p c �c C c a O 0 C C 0 C 4� U m m 4J O v m a) C Q a) X— U L O E cOn N o a) L v- m > m_ ?O 7 C m �..i m E (,� O C p C 0 L `� `�' O N c 10 0O Q U a) a) E c >- U O > a)0 N p) L4- Na) -0 0O •c a) .0Ln V L-m a)° C L to a) L Ln O m N a) N` 0In ?�aNi� Q.0 4OQOf�O LO) +-0 �— OO m pCa) NEmQ� ) � �L� �j� Q p w C • • • 5 5 v U 3 v r v v J v D D u cv v C E E N O :e V N N Q 7 0 m 0 Q Q O N CD C .O Nativity Lutheran Church & Preschool Announcing the Good News of Jesus Christ 4075 Holly Dr. Palm Beach Gardens, Florida 33410 East of Military Trail between PGA and Northlake Blvds. (561) 622 -4998 Fax (561) 622' -9947 Rev. Denise E. Gundersen, Pastor Patti Hitchcock, Activities director Marcy Verrastro, Preschool director Al Kraatz, Music director Diana Bly, Church /preschool secretary City of Palm Beach Gardens Mayor J. Russo /City Council 10500 Burns Rd. Palm Beach Gardens, FL 33410 June 25, 1998 Your Honor, Mayor Russo and the members of Palm Beach Gardens City Council, In response to your concerns to our application for a portable classroom, I'm writing to clarify the relationship of Nativity Lutheran Church & Preschool and the Renaissance Learning Center. Nativity has been preparing children for elementary school since 1963. Since January 1997, Nativity and Renaissance have formed a unique partnership to intervene on behalf of children with autism. Extraordinary measures are necessary to draw an autistic child out of his/her collapsing world. Without intervention an autistic child will continue to become increasingly self - absorbed and uncommunicative. They simply will not learn language and social skills through the normal of process of imitation. The extraordinary measures that are provided by Renaissance are beyond the expertise of the average preschool, public or private. Understanding and responding to the educational needs of these children is a rare specialty. The founding parents of Renaissance were extremely fortunate to find a professional to direct an intervention program and to convince her to be employed in this unique experiment. In December 1996, the founding parents came to Nativity with a grand request. They needed classroom space. They needed a preschool who would not isolate them, but embrace their goals by assisting them in the first stages of mainstreaming. They needed a partner who would allow them to run their own program according to scientifically- proven methods. And they needed a partner to share an operating license with them for a child care center; apparently, the Palm Beach County Health Department does not license two organization at one location that share bathrooms, playgrounds, etc. Nativity responded with a resounding, "Yes!" Beginning with the new school year of 98/99, the first mainstreaming experiences have demonstrated the remarkable progress of the intervention program. Over these months, Nativity and Renaissance have intentionally built the relationships to make the partnership function now and continue into the future. We have a revocable license agreement that governs our partnership. This agreement protects Nativity's ongoing preschool program as we develop this experiment into a working relationship. Under this agreement the directors of Renaissance and Nativity's preschool meet with me and the parent/administrator of Renaissance each month and the teaching staffs meet together two to four times a year. During these meetings we discuss operating concerns and plans for the future growth of our partnership. Working together has brought tremendous professional skills to Nativity's preschool. The director of Renaissance has conducted in- service training for our teachers that has improved their effectiveness tremendously. We have, also, been able to successful intervene with several children with learning and behavior problems. Nativity has grown to rely on the expertise that Renaissance brings. As you know, we have a largely undeveloped site. Currently, Nativity is planning the first phase of a building program. Our first unit will include a multipurpose center to house dinner meetings, Iarge worship services, preschool classes and other events. If this unit will successfully house a growing worshipping community, then we will be in position to build a school as the second unit. Then, if necessary, a new worship center would be the third unit. In any case, Nativity is committed to the continuing success of the intervention program of Renaissance. Finally, it is my hope to establish similar partnerships at other church preschools. This partnership is a natural extension of ministry to children and strengthens the sponsoring church and the community. We are very proud of the pioneering work we are doing and we believe that it reflects well on Palm Beach Gardens. Please join us in this experiment by approving a two year term for a portable classroom. This will allow Renaissance to increase their enrollment from three students to eight. Eight families will be able to fund the necessary administration and housing costs. Until now, one grandfather has been funding the monthly deficit that Renaissance incurs. Now this child is moving to Philadelphia and this source of funding will be lost. Renaissance must expand to eight students and this is beyond the capacity of Nativity's current facilities. We've come along way in less than two years. I have great confidence that we will be able to replace the portable with a permanent building in a timely fashion. Sincerely, The Rev. Denise E. Gundersen REVOCABLE LICENSE AGREEMENT Nativity Lutheran Church of Palm Beach Gardens, Inc., ( "Nativity ") and Renaissance Learning Center ( "Renaissance ") agree as follows effective the 1 st day of January, 1998: Recitals A Nativity is the owner of the real property at 4075 Holly Drive, Palm Beach Gardens, Florida. The property is improved with various buildings containing student classrooms and restrooms. Nativity is a church and Nativity also operates a preschool program in some or all of the classrooms. B. In connection with the operation of its preschool, Nativity has an "HRS license" and is bound by various rules and regulations of the State of Florida acting through its various agencies, including HRS - Palm Beach County Public Health Unit. C. Renaissance operates a preschool for special needs children, and has for some time operated that school on Nativity's property and under Nativity's HRS license. D. The parties desire to establish a relationship which will allow Renaissance to continue using a portion of the premises owned by Nativity, but subject to the provisions set forth herein and subject to rules and regulations established or promulgated by Nativity and by various governing agencies from time to time. Aareement 1. Nativity hereby grants to Renaissance a revocable and non - exclusive license to occupy one classroom space and to utilize Nativity's restroom facilities as may be necessary from time to time. The classroom space to be :occupied by Renaissance shall be determined and designated from time to time by Renaissance and Nativity. The license shall commence January 1, 1998, and shall continue at will on a month to month basis thereafter. Either party may cancel the license agreement at any time, with or without cause, upon notice of fifteen (15) days or more prior to the end of any monthly period. The license fee shall be $500.00 per month. Payment of the fee shall be due on or before the 1 st day of each month. 2. Nativity may terminate this license agreement for cause upon written notice to Renaissance at least twenty -four (24) hours prior to the date of termination. Upon termination for cause, any unearned portion of the license fee shall be refunded on a pro rata basis. Nativity may terminate the license agreement for cause for any one or more of the following reasons: A. Violation of any HRS rules, regulations, or guidelines or the rules and regulations of any appropriate governing authority. B. Acts or omissions on the part of Renaissance which Nativity deems are detrimental to its licensing status. C. Failure to pay the license fee on a timely basis. D. The failure to abide by any rules and regulations promulgated by Nativity and accepted by Renaissance. E. Failure of Renaissance to abide by the covenants and conditions of this license agreement or the violation of any of provisions hereof. 4. Renaissance may terminate this license agreement for cause upon written notice to Nativity at least twenty -four (24) hours prior to the date of termination. Renaissance may terminate this agreement for cause upon the violation of this agreement by Nativity. Upon such termination by Renaissance, any unused portion of the license fee shall be refunded pro rata. times: 5. Renaissance covenants, warrants, and represents that it will at all A. Abide by all rules and regulations applicable to its school or Nativity's school promulgated by any governing authority, including, without limitation, HRS. B. Take no action which would jeopardize the operation of Nativity's school, including Nativity's HRS license. C. Abide by all reasonable directives or requirements established from time to time by the Nativity Principal or the board of directors of Nativity Lutheran Church of Palm Beach Gardens, Inc. D. Take no action which would serve to jeopardize the reputation of Nativity. E. Take no action which would affect or interfere with any zoning code or ordinance of any governing authority. F. Provide liability insurance naming Nativity as loss payee or as an additional insured, such liability insurance to have limits acceptable to Nativity and to provide for the payment of loss in the event of bodily injury, property damage, or any other tort. G. Promptly pay any utility charges or other service fees incurred by Renaissance. 6. Nativity covenants, warrants, and agrees that it shall at all times: A. Given Renaissance the exclusive use of the classroom space agreed upon by Renaissance and Nativity five (5) days per week from o'clock A.M. until o'clock P.M., and non - exclusive use of Nativity's restroom facilities. B. Provide heating, ventilation, and air conditioning. C. Provide electricity at no charge to Renaissance. D. .Janitorial services consistent with the service provided by Nativity or its preschool. E. Parking for staff and visitors of Renaissance. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals as of the year and date below written. Renaissance Learning Ce ter BY t-� --� Y its Dated (nI.ZS�� 93 HiUSERS%ANDYWERSONALWATPA YIRENNS.LA ivity s L "� r ur of P lm Beach Garden By - L , its Dated June 10, 1998 RESOLUTION 56, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPOINTMENT OF THREE (3) MEMBERS TO THE BEAUTIFICATION AND ENVIRONMENTAL COMIVIITTEE OF THE CITY OF PALM BEACH GARDENS; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 2 -101 of the Palm Beach Gardens Code of Ordinances provides for the appointment of members to the City of Palm Beach Gardens Beautification and Environmental Committee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. Pursuant to Section 2 -101 of the Palm Beach Gardens Code of Ordinances, FTif 1 are hereby appointed as regular members of the Beautification and Environmental Committee for three (3) years, which terms of office shall expire March 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 JUNE 1998. JOSEPH R. RUSSO, MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY CITY ATTORNEY AYE NAY ABSENT CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: July 2, 1998 Subject/Agenda Item: Workshop: Petition SP- 98 -03: RCA Lot 1, Hampton Inn George F. White, agent for Patrick M. Guarini, is requesting site plan approval for a 117 unit Hampton Inn Hotel on Lot 1 of the Plat of RCA Boulevard Center. The four -story hotel will be approximately 73,480 square feet in size. The site area is approximately 2.75 acres in area. RCA Center Lot 1 is located at the northeast corner of State Access Road (RCA Blvd.) /Northcorp Parkway and RCA Blvd. (1- 42S- 43E,6- 42S -43E) Recommendation /Motion: Staff recommends that Resolution , 1998 be approved with six (6) conditions. Reviewed by: Originating Dept.: Costs: $_0 Council Action: Total City Attorney Growth Management [ ] Approved Finance N/A $ 0 [ ] Approved w /conditions Current FY [ ] Denied ACM Human Res. N/A _ Funding Source: [ ] Continued to: Advertised: Other N/A Date: [ ] Operating Attachments: Paper: [ ] Other N/A Resolution, 1998 [ x ] Not Required site plan landscape plan Submitted by: Principal Planner Affected parties Budget Acct. #: Comments: city engineer fire department seacoast utilities [ ] Notified police department ( ] None Approved by: City Manager [ x ] Not required BACKGROUND: Location, Zoning and Land Use The proposed 73,480 square foot hotel is to be built on a portion of the previously platted Lot 1 of the RCA Center Plat within the Northcorp PCD. The Northcorp PCD was approved by Ordinance 1, 1990. The plat for RCA Boulevard Center was approved by Resolution 8, 1991. In additional amendment to the Northcorp PCD which affects this site includes Resolution 65, 1992, which provides for a streetscaping program along RCA Boulevard. EXISTING ZONING AND LAND USE DESIGNATIONS AND SITE ANALYSIS PETITION SP -98 -03 Subject Property : PCD - Planned Community District I - Industrial North : M1 - Research and Light Industrial MXD - Mixed Use South : PCD- Planned Community District I - Industrial East : PCD - Planned Community District I - Industrial West • PCD - Planned Community District I - Industrial Zoning: PCD Northcorp PCD Required/Allowed t Provided Complian Land Use: I Requirements Ce Floor.4rea Ratio Maximum FAR not to PCD FAR at yes exceed 38% at buildout 20.1% of entire PCD including proposed project S ks Front Yard _ etbac + every 2 5 1 for eve 3 92 �� 5 e S addition, 1 ...... ............................ : . feet of building height .. ;: :: :::: ..:.. » a bove 25 31.6 feet Restrictions IrS ht Res 8 stories 4 sto rie s yes 1 rinrunn P e Open Space 28 / 34.4% 4o yes Lot Corera e l0 / maximum 2.5/ for 1_> = ._ / yes -- 2 floors c v efl oo r abo _ > / - o _> — maximum Building and Materials The petitioner has indicated that the building will be stucco on Concrete Masonry Unit construction and that the main building color will "Rich Cream" #6637 with "Buckwheat" #6860 -2 accents. The rear canopy will be a Patio 500 Dark Green # 510. The petitioner is proposing a dark blue glazed ceramic barrel tile above the porte- cochere. SiQnage Wall signs and monument signs meet the requirements of the sign code. Building Official Jack Hanson has signed off. Parking The petitioner has met the minimum requirement of 122 spaces. The petitioner is requesting a waiver from the number of loading zones requirement. The petitioner is proposing one (1) space while the code requires three (3). Landscaping The petitioner is proposing to exceed the minimum landscape points required. The Site Plan and Appearance Review requested additional landscaping and berming to screen the parking area. The petitioner has revised the landscape plan accordingly. Traffic Traffic concurrency has been met through the Northcorp Planned Community District approval. Drainage Hotel (ISe One allowed in PCD. a 117 guest rooms yes maximum of 120 guest rooms Setbacks (M -I. A Comparison) Front 25 feet 92' 4" yes Rear 20 feet 64' 7" yes Side 15 feet N/A N/A Side Facing 15 feet 137' 1" (west) yes Street 167' 7" (east) Parking 1 per guest room + 1 per 122 yes 100 square feet of office space = 122 Building and Materials The petitioner has indicated that the building will be stucco on Concrete Masonry Unit construction and that the main building color will "Rich Cream" #6637 with "Buckwheat" #6860 -2 accents. The rear canopy will be a Patio 500 Dark Green # 510. The petitioner is proposing a dark blue glazed ceramic barrel tile above the porte- cochere. SiQnage Wall signs and monument signs meet the requirements of the sign code. Building Official Jack Hanson has signed off. Parking The petitioner has met the minimum requirement of 122 spaces. The petitioner is requesting a waiver from the number of loading zones requirement. The petitioner is proposing one (1) space while the code requires three (3). Landscaping The petitioner is proposing to exceed the minimum landscape points required. The Site Plan and Appearance Review requested additional landscaping and berming to screen the parking area. The petitioner has revised the landscape plan accordingly. Traffic Traffic concurrency has been met through the Northcorp Planned Community District approval. Drainage City Engineer Tammy Jacobs has placed a condition on approval .based on the petitioner demonstrating that the surface water management plan shall be designed in accordance with Northcorp Drainage Deficit Solution and Northcorp Undeveloped Lot Development Standards. Staff Comments Planning and Zoning The petitioner has indicated that a remaining portion (44.7 feet wide) of Lot 1 will not be purchased for this development. The Comprehensive Plan has indicated on the proposed thoroughfare plan that a future 80 foot right -of -way will be needed running north from RCA Boulevard to provide access to the MacArthur Foundation properties to the north. The petitioner has provided a 15 foot landscape buffer along the eastern property boundary in anticipation of the proposed right -of -way, consistent with the comprehensive plan. In addition, staff is requesting that the future right -of -way to run along the eastern boundary of Parcel 1 also include the streetscaping program as approved by Resolution 65, 1992. This action would maintain consistency with the rest of the roadways within the Northcorp PCD. Resolution 65, 1992 approved a streetscaping program for Northcorp, including the stretch of RCA Boulevard within the Northcorp PCD. The approved program includes design criteria for landscaping, sidewalks and lighting. Staff is requesting that this program be fully implemented along RCA Boulevard which would include filling the drainage swale along the north side of RCA Boulevard, installing a sidewalks within the RCA Boulevard /State Access Road boundary, and replacing the existing overhead utility poles and lighting with the lighting program approved as part of Resolution 65, 1992. City Engineer The petitioner has provided the 100 foot stacking distances. requested by the City Engineer. In order to provide for both the required stacking distance and the required parking on -site, the petitioner was forced to eliminate two of the three loading zones required by the City's LDRs. The petitioner has requested a waiver from the code requirement to allow for just one loading space. Staff supports this waiver request. Assistant City Engineer Tammy Jacobs has reviewed the revised site plan and has noted that the following conditions of approval are needed to address outstanding issues: (1) The 8.5 "X11" FDOT standard guardrail detail submitted by the petitioner shall be added to the construction detail sheet prior to Construction Plan approval. (2) As a condition of construction plan approval, the applicant will need to provide a letter of authorization from the Seacoast Utilities Authority allowing landscaping and pavement within the existing 12 foot and 22 foot utility easements. (3) As a condition of construction plan approval, the surface water management plan shall be designed in accordance with Northcorp Drainage Deficit Solution and Northcorp Undeveloped Lot Development Standards. (4) Prior to construction plan approval, the applicant shall provide storm water quantity and quality calculations. The applicant will also need to show that storm water runoff from the buildings roof is pre- treated prior to being discharged off -site. Seacoast Utilities Will comment on detailed water and sewer plans as part of the construction plan review. Fire Department No adverse comments. Police Department See attached. Please note Police Department's general concern regarding hotels and security against robbery and theft. Northern PBC Improvement District No comments. At its June 9, 1998 meeting, the Site Plan and Appearance Review Committee unanimously recommended approval of this petition with the following conditions: (1) The petitioner shall install sidewalks and lighting, consistent with the Northcorp streetscaping program, within the RCA Boulevard and State Road Department Access Road right -of -way. (2) If at any time in the future, a public road is constructed between Lot 1 and Lot 2 of RCA Boulevard Center, the section of this roadway within the Northcorp PCD shall comply with the Northcorp streetscaping program, as approved by Resolution 65, 1992. The maintenance of this section shall be in accordance with the current streetscaping maintenance program within the Northcorp PCD. (3) The 8.5 "X11" FDOT standard guardrail detail submitted by the petitioner shall be added to the construction detail sheet prior to Construction Plan approval. (4) As a condition of construction plan approval, the applicant will need to provide a letter of authorization from the Seacoast Utilities Authority allowing landscaping and pavement within the existing 12 foot and 22 foot utility easements. (5) As a condition of construction plan approval, the surface water management plan shall be designed in accordance with Northcorp Drainage Deficit Solution and Northcorp Undeveloped Lot Development Standards: (6) Prior to construction plan approval, the applicant shall provide storm water quantity and quality calculations. The applicant will also need to show that storm water runoff from the buildings roof is pre- treated prior to being discharged off - site. /eat GAShort Range \SP9803.ST3.wpd RESOLUTION 63, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SITE PLAN FOR THE CONSTRUCTION OF A HOTEL BUILDING ON 2.755 ACRES ON LOT 1 OF RCA CENTER WITHIN THE NORTHCORP PLANNED COMMUNITY DISTRICT; PROVIDING FOR WAIVER; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens has received an application from Patrick M. Guarini to approve a site plan for the construction of a 73,483.68 square -foot hotel building on 2.755 acres on lot 1 of RCA Center within the Northcorp Planned Community District; and - WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens hereby approves a site plan for the construction of a 73,483.68 square -foot hotel building on 2.755 acres on lot 1 of RCA Center generally located 1/4 mile south of the intersection of RCA Boulevard and PGA Boulevard, within the Northcorp Planned Community District; Section 2. Construction of said development shall be in accordance with following plans on file with the City's Growth Management Department: 1. May 29, 1998 Site Plan, George F. White and Associates, Sheet A -2 2. June 19, 1998 Landscape Plan and Detail Sheet, A. Grant Thornbrough and Associates, Sheets L -1, L -2 2. May 28, 1998 Landscape Plan, A. Grant Thornbrough and Associates, Sheet L -3 3. May 29, 1998 Architectural Elevations, George F. White and Associates, Sheet A -9 4. May 5, 1998 Typical Floor Plan, George F. White and Associates, Sheet A -4 5. April 9, 1998 Roof Plan, George F. White and Associates, Sheet A -6 6. May 28, 1998 Photometric Plan, George F. White and Associates, Sheet ES -1 and ES -2. 7. April 9, 1998 Conceptual Drainage Plan, Keshavarz and Associates, Sheet C -1. Section 3. Said site plan approval shall comply with the applicable conditions of Ordinance 1, 1990 and the following conditions: (1) The applicant shall install sidewalks and lighting, consistent with the Northcorp streetscaping program, within the RCA Boulevard and State Road Department Access Road right -of -way. (2) If at any time in the future, a public road is constructed between Lot 1 and Lot 2 of RCA Boulevard Center, the section of this roadway within the Northcorp PCD shall comply with the Northcorp streetscaping program, as approved by Resolution 65, 1992. The maintenance of this section shall be in accordance with the current streetscaping maintenance program within the Northcorp PCD. This condition shall apply to Petitioner, its successors and assigns. (3) The 8._5 "X11" FDOT standard guardrail detail submitted by the petitioner shall be added to the constriction detail sheet prior to Construction Plan approval. (4) As a condition of construction plan approval, the applicant shall provide a letter of authorization from the Seacoast Utilities Authority allowing landscaping and pavement within the existin- 12 foot and 22 foot utility easements. (5) As a condition of construction plan approval, the surface water management plan shall be designed in accordance with Northcorp Drainage Deficit Solution and Northcorp Undeveloped Lot Development Standards. (6) Prior to construction plan approval, the applicant shall provide storm water quantity and quality calculations. The applicant shall also show that storm water runoff from the buildings roof is pre- treated prior to being discharged off -site. Section 4. The following waivers are hereby granted with this approval: a. Waiver of the requirement under Code Sec. 118 -569, pertaining to the number of loading spaces from three (3) loading spaces to allow one (1) loading space. Section 5. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF JULY, 1998. JOSEPH RUSSO, MAYOR ATTEST: LINDA V. KOSIER In VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY AB SENT RESOLUTION 65 ,1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A CONCURRENT APPLICATION PROCEDURE FOR A COMPREHENSIVE PLAN AMENDMENT AND A PLANNED UNIT DEVELOPMENT CONCERNING LANDS LOCATED ON THE SOUTH SIDE OF IDLEWILD DRIVE AND NORTH OF THE SOVEREL MARINA, KNOWN AS " SOVEREL NORTH "; AND PROVIDING FOR AN EFFECTIVE DATE. . WHEREAS, the Growth Management Department has received an application from High Field Limited, Inc. to process a Planned Unit Development concurrently with a Comprehensive Plan Amendment; WHEREAS, Ordinance 7, 1998 prohibits the Growth Management Department from accepting or processing applications for site plan development orders concurrent with or prior to a comprehensive plan amendment; WHEREAS, Ordinance 7, 1998 also provides an exception whereby, with City Council approval, the Growth Management Director may approve the acceptance and processing of such applications according to the conditions of Ordinance 7, 1998; and WHEREAS, the Growth Management Director has determined that the concurrent review of a PUD petition and a Comprehensive Plan Amendment will result in a more comprehensively planned project in this instance. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The concurrent application procedure for a Comprehensive Plan Amendment and a Planned Unit Development concerning lands within the City located on the south side of Idlewild Drive and north of the Soverel Marina, known as " Soverel North" is hereby approved. Section 2. The Growth Management Director is hereby authorized and directed to process said applications concurrently in compliance with Ordinance 7, 1998. Section 3. This resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF JULY, 1998. JOSEPH RUSSO, MAYOR ATTEST: LINDA V. KOSIER BY: VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO \eat G:\Long Range \concsov.rel.wpd APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: July 2, 1998 Subject/Agenda Item: Consent Agenda Resolution 65, 1998: Approval of Concurrent Processing - "Soverel North" Recommendation /Motion: Staff recommends approval which allows PUD processing concurrently with Comprehensive Plan Amendment. Reviewed by: Originating Dept.: Costs: $ 0 Council Action: Total City Attorney Planning Division [ ] Approved ACM $ 0 [ ] Approved w /condRions Current FY Other N/A [ ] Denied Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Paper: [ x ] Not Required [ ] Other N/A Resolution, 1998 Submitted by: Growth Mgt. Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: This is a request for concurrent processing of a PUD petition and a Comprehensive Plan Amendment. Staff feels that a concurrent application is justified, because the petition meets all the applicable criteria set forth in Ordinance 7, 1998. Staff has made the decision to combine this Comprehensive Plan Amendment with the EAR -based amendment. This was done so that the number of individual Comprehensive Plan Amendments may be reduced from two to one. (only two amendments per year are permitted by state statute). This decision does lengthen the process for the petitioner, so this was also a consideration in staff's recommendation. Staff has determined that the petition meets all the criteria set forth in the concurrent petitions ordinance (Ordinance 7, 1998) based on the following: (1) The Comprehensive Plan Amendment (CPA) proposes a land use pattern which is compatible with the surrounding land uses. During the CPA review process, the Planning and Zoning Commission suggested design considerations to ensure compatibility with surrounding land uses. (2) The Intergovernmental Plan Amendment Review Committee (IPARC) has concluded that compatibility issues could be resolved through the Planned Unit Development review process. Palm Beach County dropped its objections. (3) The proposed CPA is consistent with the land uses designated in the "Our Vision" strategic plan in that this is a less intense use than what is designated in the "Our Vision" plan. (Residential High instead of Commercial, for that portion of the proposed PUD currently within the City) (4) Staff finds that the proposed Comprehensive Plan Amendment meets the Level of Services standards. Based on this analysis, the Growth Management Director recommends approval of concurrent processing of Comprehensive Plan Amendment and Planned Unit Development petitions, and further recommends that a "concurrent processing agreement" is not necessary for this process. /eat G: \Long Range \concsov.st.wpd CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda`Cover Memorandum Meeting Date: July 2, 1998 Subject/Agenda Item: = _ Workshop- /First Readi- - Ordinance 4 1998 98 -2ER (Comprehensive Plan EAR ,B'ased- Amendments) and 98 -1: (Soverel- North land, use change) Recommendation /Motion: Staff recommends approval of Ordinance 4, 1998. Reviewed by: Originating Dept.: Costs: $ 0 Total Council Action: [ ] Approved [ ] Approved w/ conditions [. ] Denied .._. _ Pks & Rec Advertised: Y Funding Source [ ]Continued to. - ACM - Date [ l.OperatmgJ - y -Attachments - - Human Res. N/A _ s O_ rdinance - _ - [ j Other N/A T - -- Other N/A Paper = Proposed Elements and na Suppart Documents r - _. Zw Submitted byr [x,], Not Reginred _ _1 - Gro h,Mgt Director Affected - Budget s Approved- by [ x ..] Nottfted _ [ ]None x Y4 v � MacArthue: Foundation _. ;Soverel North agent - City Manager [ ] Not required BACKGROUND: Staff is combining 98 -1 and 98 -2ER into a single package for consideration of adoption. This will allow the City to retain one amendment cycle to utilize 'later during the year. DCA has issued "ORC Reports' on both transmittals. The Soverel North petition received no objections, just a few minor comments from the review agencies. The EAR -based amendments received only 9 objections. All of these were technical in nature. An 'ORC �Response7-Document' "Ws= attached Which summarizes how -staff staff--is,'-proposing.-to address DCA's concerns Staff has also addressed the MacArthur Foundation's comments. These have been incorporated into the revisions, along with the changes requested by DCA. The Foundation still wishes Council to reconsider policy directive on the 250 acre minimum for developments west of.the- Turnpike and commercial mining (see attached-- Metter from -Joey, Harris and Walls).- - 3 >'..,•'. .c'.�_:�._�,'�. .��.'.;":° ...... .° �,.."- ..- ..w:i' ,a_. �_ T... gib. :!s�?"1:. ¢ - _ _ January, 23,1.998, June=3, -1.998 ORDINANCE 4, 1998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM-. BEACH GARDENS, FLORIDA,- PROVIDING FOR - - - - AMENDMENT OF THE COMPREHENSIVE. PLAN OF THE CITY OF PALM BEACH GARDENS BASED- ON- THE RECOMMENDATIONS OF THE EVALUATION AND APPRAISAL REPORT ADOPTED AUGUST 20,` 1996 AND THE 'VISION' ADOPTED DECEMBER 6, 1996 WHICH RESULT IN. MODIFICATIONS TO ALL COMPREHENSIVE PLAN ELEMENTS AND THE FUTURE LAND USE AND - TRANSPORTATION MAP SERIES, AS SET FORTH IN EXHIBIT "A"; PROVIDING FOR TRANSMITTAL AND FOR CODIFICATION,. IN._THE :COMPREHENSIVE :PLAN;. AND, PROVIDING FOR. AN EFFECTIVE DATE. _ WHEREAS,_cesident and public input has'been received through a Comprehensive _ - _ - - Plan Amendment Rewew Committee and public: meetings, J p -= WHEREAS, proposed text and nand use amendments have. been prepared, pursuant to the Evaluation and Appraisal Report, 'vision', and public input and have been reviewed by City Staff, who have determined that they meet all criteria set forth by §163.3187, Fla. Stat.; and WHEREAS, the City Council is the duly constituted land planning agency for the City which, after public hearing, has recommended the proposed text and land use amendments to the Comprehensive Plan of the City NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA:,- - = -` Section 1. The Comprehensive Plan of the City is hereby amended as set forth in Exhibit "A ". Section 2. The City- Growth Management Director is hereby directed to ensure that this ordinance and all other necessary documents are transmitted to the Florida Department of Community Affairs and, together with the City. Clerk, to ensure that this - ordinance is codified as part of the Comprehensive Plan of the City.--. Section 3. This ordinance shall be effective upon adoption, provided that the subject comprehensive plan amendments shall become effective in accordance with §163.3189(2), Fla. Stat. _- - CARL SABATELLO, COUNCIL MEMBER Ordinance 4, 1998 Page2 ATTEST: APPROVED AS TO LEGAL FORM LINDA V. KOSIER, CMC, CITY CLERK AND SUFFICIENCY: BY: _ r =CITY ATTORNEY Ordinance 4, 1998 Page3 EXHIBIT "A" Amendments to the Comprehensive Plan of the City of Palm Beach Gardens are depicted on the following pages in and underline format. All maps have been revised/updated with `best available' data. Changes to the Future Land Use Map 20.0 2015 include: • designation of Frenchman's Forest ecosite with Conservation land use -- (a change from RL land use to CON land use on +157 acres) designation of Loxahatchee Slough ecosite with Conservation land use (a change from RR10, RR20, RL, CR, VLR, and IND land uses to CON land use on +5,410 acres) • designation of Lilac Street park with Recreation and Open Space land use w - - (a-change from RM land use to ROS land use on ±10 acres) designation of `HillTop'- .acquisition with Public land use (a change from RM land use to P land use on +6 acres) CITY OF PALM BEACH GARDENS COMPREHENSIVE LAND USE PLAN Adopted: January:.4, 1990._ =Ordinance 45;.- 1989 ; -1991 -Ordinance , Amendment Adopted September 5 - - = Amendment Adopted December 5, 1991 Ordinance 32, 1991 Amendment Adopted- October 22, 1992- Ordinance 23, 1992 Amendment Adopted December 2, 1993 - Ordinance 8,4993 Adopted December2,- 1993.,E = Ordinance. 11, 1993 _y -- Amendment Adopted November-3 - 1994 -,Ordinance 9; 1994 Amendment Adopted , 1998 - Ordinance 7, 1998 f CITY OF -- PALM -BEACH GARDENS COMPREHENSIVE PLAN - TABLE OF CONTENTS ELEMENT SECTION FUTURE LAND USE ONE Future Land Use Categories 1 -1 Goals, Objectives and Policies 1 -9 TRANSPORTATION TWO HOUSING __ THREE INFRASTRUCTURE FOUR - Sanitary Sewer - 4 -1 - Solid Waste - ....:._.. _,... ,.: 4 -2 -. ,- - _Stormwater Management :.. _.,.- _ : _ -4-4 - Potable Water -4-7 _ Aquifer Recharge - ; -_:..: 4 40 COASTAL MANAGEMENT FIVE CONSERVATION__- ` -- 5ix-- .-- _____.___ RECREATION AND OPEN SPACE SEVEN TABLE OF CONTENTS 6198 i -2 C��i�i�L•S•I:3 INTERGOVERNMENTAL COORDINATION CAPITAL IMPROVEMENTS Goals, Objectives and Policies Capital Improvements Implementation Monitoring and Evaluation . PUBLIC SAFETY PROCEDURES FOR ACCOMPLISHING MONITORING AND EVALUATION REQUIREMENTS .EIGHT - NINE 9 -1 9 -8 9 -17 TEN ELEVEN TABLE OF CONTENTS 6198 i -3 ORD 7, 1998 LIST OF TABLES PAGE 2A Traffic Circulation - Level of Service Standards 2 -3 2B Generalized Peak Hour Directional Volumes 2-4 2C Generalized Two -Way Peak Hour Volumes 2 -5 2D Maximum Volumes for non -FIRS County Thoroughfare Roads 2 -6 2E Maximum Volume for City Roads 2 -7 2F. Radius of Development Influence _ _ .__. _ .. :. - -- . 2 -8 Five -Year Schedule of Capital. Improvements 12A Proposed Thoroughfare Roads Following Map O TABLE OF CONTENTS 6198 i -4 ORD 7, 1998 FUTURE LAND USE AND TRANSPORTATION MAP SERIES MAE FOLLOWING PAGE A Future Land Use Map 2015 11 -2 B Waterwells and Cones of Influence C Analysis of Land for Development Suitability D Emergent Wetlands E Flood Zones F Coastal Areas G General Ecological Communities H Wildlife Observations I Conceptual Linkage Plan J Potential Future Annexation K Projected 2015 Traffic, LOS & Proposed1 eage - L Existing Traffic Circulation M Regional Roadway Network N Mass Transit with Trip Generators & Attractors O Conceptual Thoroughfare Plan TABLE OF CONTENTS 6198 i -5 ORD 7, 1998 page intentionally left blank for insertion of Adoption Ordinance TABLE OF CONTENTS 6198 i -6 ORD 7, 1998 - - - - FUTURE LAND USE ELEMENT Future Land Use, Categories Future land use for .Palm Beacfi °Gardens is depicted °using a: total of 33-T la it use= _categories - including general land uses and recommended improvements associated with specific land uses. �- Map +-3 A presents future land uses for Palm Beach Gardens. The map, provides for the projected land use needs to the year 2015 200. The Future Land Use Map represents a = 20i0 land use scenario. The map designates an prban growth boundary. u Urban land uses are designated to the east of this boundary for all areas that are not environmentally sensitive. Western lands are designated' with rural or low intensity land uses. The primary reason for this was to provide a long -term positive and realistic expectation of ivau% iauu uav L uiv %_it.y - vv iui a1. aiq6;aa uwir, iiawu, a i v L%,w %, au v v� F v v IU%,u ui an orderly service provision fashio , concurrent with the impact of development. The following is a description of Future Land Use Categories: These categories are further. explained and supplemented by the goals, objectives, and policies of this element._ _ Rural Residential (RR10 and RR20): Lying outside of the eastern, eoiiipaa uaVc�V-Y��-uL urban service area, vacant properties have been designated with one of two, rural sub - categories: - - — — - Rural Residential 10: one dwelling unit per ten acres _ Rural Residential 20: one dwelling unit per twenty acres . _. - .. .. _ _... -..._ .�.._ .. . -.rte -. ...._- ._ .... -Rural areas-that �are' extremely wet:- are: -designated -Rural Residential = 20-io ,protect_.theY wetland values. The intent of the rural residential designations is to provide, low intensity development-in -�- - these areas while encouraging more intense, compact : growth in the eastern areas and to prevent urban sprawl. In the Rural Residential sub - categories, limited agricultural uses are expected to co- exist -with - residential uses. Agricultural uses permitted within the Rural Residential category must be -� _compatible with the . environmental' characteristics. and. natural resources,; _-as -well as with-the- lifestyle and quality of life of the residents. Residential Very Low (RVL): The RVL category allows predominantly single family detached residential development up to 1.0 unit per gross acre. The RVL category is also allows clustered developments which preserve vast amounts of open space and natural resources. Thus, large, planned community areas are permitted within this district even if they contain several types of FUTURE LAND USE 6/98 1 -1 EAR -based Amendment Ordinance 4, 1998 development so long as the overall _gross density of the development is consistent with that permitted under the RVL category. Residential Low (RL): The RL category_ allows predominantly single-family detached residential -. development up to 4.6- units per.,gross , acre The : RL category s utended to aeco_mmodate developments comparable to;PGA National, Steeplechase, and the;older=residential parts of;the _ T" City.. Thus,` large, planned`commimity areas -are permitted withui this district even d_they contain :. several types of development as long as the overall _gross density of the, development is consistent with that permitted under the RL category. Residential Medium (RM): The RM category is primarily located along the western side of Central Boulevard between PGA Boulevard and Hood Road, and along the I -95 corridor between PGA Boulevard and Northlake Boulevard. Maximum density permitted within the RM category is 7.0 dwelling units per gross acre. - Again, planned community areas may contain "residential _- developments of higher net densities so long as the overall density of the area is consistent with the RM category. Residential High (RH): Property designated RH is-intended to assist the private sector ' in - "- -- providing affordable housing in Pa1ni'Beach Gardens.'-It allows u to 10.0 dwellin- units � dr P g g P g.. P - gross acre and is primarily located adjacent to major employment areas or contiguous to major arterials which may accommodate mass transit facilities in the future.. - Mobile Home GUM: The City has not proposed any new mobile home sites on the Future Land �- Use Map; however, mobile homes narks are a permissible use in mixed, use districts. The = existing _Y: - mobile home park located at the northwest comer of PGA Boulevard and Prosperity Farms Road is shown on the Future Land Use Map as a mobile homeland use. Maximum density'permitted - ' °- in the MH designation is 7.0 mobile homes per gross acre. Individual mobile homes and -- - manufactured homes are permitted on lots in all residential categories see- Policy 3,1.3.8.: - . •._. :- - - Commercial (C): -The C designation is intended to accommodate a wide range of retail -and_ _- general commercial uses. It is a site - specific designation that depicts existing commercial uses and proposes future commercial areas at primary intersections. The specific regulations and uses _ associated with development within the areas designated C_ will be determined during the zoning_ of the properties. Commercial land use activities will be limited in intensity-to a maximum 16C `" coverage of 35 % of the site and a maximum building height of 50 feet. The land development regulations may further-restrict, intensities.__- _ Professional /Office (PO): Property designated PO is for future or existing business and office centers. The PO category was included in the plan to distinguish office uses from more intensive commercial uses such as retail. Professional Office land use activities will be limited in intensitv to a maximum lot coverage of 35 % of the site and a maximum building height of 36 feet. The laud development regulations may further restrict intensities. FUTURE LAND USE 6/98 1 -2 EAR -based Amendment Ordinance 4, 1998 Industrial (n: Future industrial development is designated north of PGA Boulevard between I -95 and Alternate A1A, and south of PGA Boulevard near the Beeline- Highway in the western partT - A_ + w . -;of the City: Property "designated I sAto be used m an industrial park arrangement _ Development -._ .__ of such areas -will promote. a well_landscaped environment with internal cuculationTandbuffermg� from existing and futurev surrounding -land uses. Industrial land use activities-- will-be iluni "ted m intensity to a maximum lot coverage of 60 % of the site and a maximum! building height of 50 feet. The land development reLyulations may further restrict intensities. Public /Institutional (P): The P land use category designates existing and proposed public and institutional facilities such as schools, libraries, fire stations and government offices. These uses shall u►vC, a 111QAllllllill uC-na -1 -' be limited in intensity tp a maximum lot coverage of 40% of the .y i site and a maximum buildinLy height of 50 feet .85 F.A.R . Among the sites designated are the existing City Hall at the intersection of Military Trail and Burns Road, existing school sites, and the Palm Beach Community College and North County Courthouse on PGA Boulevard. Public and institutional uses are allowed in all land use categories subject to limitations and locational . criteria identified in this Plan and /or outlined in the Palm Beach Gardens Zoning code. These uses will be delineated on the Future Land Use Map at the next subsequent amendment process. Public /institutional uses will be approved as conditional uses pursuant to the Palm Beach Gardens Zoning Code if the specific rules and locational criteria - governing individual conditional uses arer -:: - complied with. Certain intensive public /institutional uses will not be allowed in residential areas, such as land fills, airports and wastewater treatment plants. Recreation /Open Space (ROS): The ROS category i3 111 Cj1dC%'4 t:, designates public parks and - - - - recreation complexes, and protected open spaces. These activities will be limited in intensity to a maximum lot coverage of 407o of the site and a maximum building hei_sht of 45 feet. The land development reculations may further restrict intensities: - :g - reflect and ____ , __ -- Commercial Recreation (CR),• � The CR desi nation has been provided- to refle accommodate major public and private commercial recreation facilities that meet a portion of the - recreational needs of residents and tourists. Many of these facilities were conceived as profit- - _.:_, .making enterprises and/or . are in private ownership. Uses permitted_ within this category includei� _ golf courses, outdoor and indoor recreational facilities such as tennis clubs, amusement and sport '- centers, outdoor amphitheaters, hunting and gun clubs, and outdoor wildlife attractions. z. - Commercial recreation uses shall be approved and developed as -a Planned Corrimumty District or Planned Unit Development. These activities will be limited in intensity to a maximum lot cQwrace of 40% of the site and a maximum building height of 45 feet. The land development regulations may further restrict intensities. Conservation (CONS): The Conservation designation applies to areas identified as FUTURE LAND USE 6/98 1 -3 EAR -based Amendment Ordinance 4, 1998 environmentally sensitive or environmentally significant which have been set aside as protected pre$erves, Limited development, $uch as passive recreation or ecgtquri$m activities are permitted within this category. The intent of the designation is to ensure that areas designated CONS are -. preserved or developed in a- manner that is responsive _to on-site. environmental.- .constraints _ - tn -CONS 'shall-.hot exceed addnsity of 1.0-dwelling umt` pe Developmenf wihi ii . = K 20 acres._ Any develo m_does occur_should re_ serve environmentall Y -sensitive areas; by entthat Y - - -- - -clustering development- as- appropriate. ; - t Golf (G): The G category portrays areas specifically intended or used for golf courses. This designation can include public and private golf courses. Mixed Use Development (MMXID): The MXD designation is designed for new development which is surrounded characterized by a variety of exist integrated land use types. The intent of the district is to provide for a mixture of uses on single, farge parcels in order to develop sites which are sensitive to the surrounding uses, desired character of the community, and the capacity of public facilities to service proposed developments. This future land use designation is also_. -. _ intended to foster infill and redevelopment efforts. to deter urban sprawl and to encourage new - affordable housing opportunities. as well as lessen the need for additional vehicular trios through _ the internalization of trips within a neighborhood or Droiect. To create a functioning. multi- faceted tvDe of development. mixed use development is dependent on the successful integration of distinct uses. Integration is defined as the combination of distinct uses on a single site where `,� :::7 " thanimgacts from differing uses are mitigated through site design techniques. and where impacts' _ from differing uses are expected to benefit from the close immediate Droximitv of comDlementary uses. All requests for development aDDroval based on a mixed use concept must be able to _ demonstrate functional horizontal integration of the allowable uses. and where aDmicable. vertical - - integration as well. The following are the minimum criteria to be used for development of sites - - designated as MXD: _.. i . An MXD shall be: developed - as a Planned Community .District "or a. Planned _Unit - Development. ,However, land development regulations adopted to implement this - - Comprehensive Plan shall inelude a maintain mixed -use supplemental regulations zoning-dish iet to provide further criteria for the development of sites with MXD Future Land Use d_ esignations, including D_ arkin_g rea_uirements. D_ ermitted uses. setbacks and other considerations. 2. MXDs shall have frontage on at least one arterial The City's Conceptual = = - Thoroughfare Plan shall be accommodated to expand the roadway network through the provision of new local streets which serve new neighborhoods in the Citv's developing areas. A1N1 J11Q11 0ullVLLllLLl.l1 Ur 111V1G LLlClll V111r -.A13LUlg lallll LLJ\. %_L=___7_� /___1 _a�__a_ _L_11 ..a L. __- ____aa__7 l _�_ SACS _ -rpc. vLG11ri umi CLL.L.%.55 LV 1VL.CLL 3U%A LJ JilClll 11VL V6 �l1r11111LLGLL 11 Vlli Jll{.J WiLLl Call IL XXrT1% -3 1v1L11J UCS1 IV11. FUTURE LAND USE 6/98 1 -4 EAR -based Amendment Ordinance 4, 1998 3. MXDs shall include a minimum of three( two (2) of the other Future Land Use Categories described in this element. Residential must be one of these uses. unless it is determined by the Citv Council that the proposed development meets the Criteria below established to waive the residential reauirement. No single use may comerise more than 6U% of the area: Reconizing�that mixed use proiects have - - varying' characteristics. intensity measures are md'icated below which provide _< - flexibility in terms of minimum and mAiiinum land allocatioris. _These 'intensity: measures ap_ plv onlv within MXD nroiects. However, t _The City Council may waive this the maximum nonresidential height limit for emplovment center buildings located at the intersection of two arterials. pi ;10�%JrJL UIJV�1 a LUIULU6 ulat .L- : .t aL- 71.fVT1 ,1. -a�__a _ _ L_' � a L__ - ,l.__.. /� - -___a .at 1__- �L__ aL�__ /7\ LLlV "M111L VI LLA, lYlAl! LL1JUIVL 1,0.11 VV 111VL uy 0. U%,VV1V,jlL11V1A W1LLl 1VJJ Luan LLLVV \Jf [1___L LLJV L��JVJ. JLLVlI VAVVFLLV11J 1110. u1V1LLLLV 0. Jlllb'v- 'V WllVl/ VV%,UFai1L VL an V11LLV mad -_ 11.fV1'J1 . d�,Jlb'L0.LG 0.J 1�LAJ. , A. Critiera for a Non - Residential MXD: The City Council may waive the mandatory residential rea_uirement for anv_ MXD that meets any two of the following conditions: L The parcel represents in -fIll development and is surrounded on three sides. . by non - residential land uses including man -made and natural barriers such as canals and maior arterial roadways. 2 The density /intensity of existing or future land uses immediately_ surrounding the parcel are compatible with non- residential uses. _ 3. The adiacent surrounding planned and -- approved or existine built environment is over 607 residential. and non - residential uses are determined to provide for greater horizontal integration of uses. 4 Due to size or configuration of the parcel. the ability to provide an economically feasible. sustainable. integrated residential component that functions to enhance and complement the other MXD uses is limited. FUTURE LAND USE 6/98 1 -5 EAR -based Amendment Ordinance 4, 1998 B. General Mixed Use Future Land Use Category Intensity Measures for Residential MXDs Land Use Land Allocation Lqt Coverage Height 4pei Space Mirk I5% _ - _ - -- �ieighborho6d _._.:" -- Min 2% �� ___: s., Max 70% _Min 2 F1' : ; Commercial Max 30% Max 4 Fl Residential High Min 20% Max 50 % Mirk 2 Fl Max 60% Max 4 Fl _ Residential Low Min 0% Max 50% Max 2.5 Fl Max 60% Employment Center - Min 20/q Max 70 % Max 4 Fl Max 30% Special Definitions: Neighborhood Commercial land shall be used for community- serving retail, service. office and business uses. At least 25% of the net building area shall be designated f6r residential. use and shall be located above the ground floor. Residential High land in MXD projects shall have a maximum densitv of 15 units /acre as a- - bonus for consideration of planned, multi - faceted development. The area allocated for Residential Low land and Residential High land shall not exceed the 60% limitation, inclusive of both residential types. Employment Center land shall be used for corporate offices. research and educational facilities, light industry, hotels, warehousing, and similar uses. Emplovment Center lots shall generally be grouped together. FUTURE LAND USE 6/98 1 -6 EAR -based Amendment Ordinance 4, 1998 C. General Mixed Use Future Land Use Category Intensitv Measures for Non - Residential MXI)s - - - Land Use Land Allocation Lot Coverage Height Open Space _ Min 15 Commercial Min 0% Max 50% Min 2 Fl Recreation Max 30% Max 4 Fl Commercial Min 0% Max 50% Min 2 Fl Max 60% No Max Industrial Min 0% Max 60% Min 2 Fl Max 60% Max 4 Fl Institutional Min 0% Max 50% Min 2 Fl Max 60% Max 4 Fl Professional Office Min 2% Max 70% Min 2 Fl Max 60% No Max Land Uses are defined as set forth in the Future Land Use Element. with the exception of special land allocation. lot coverage and height rea_uirements specified for Non- Residential MXD developments. 4. The individual uses. buildings and /or - -D_developments nods within MXD develo_ments distriets shall include interconnecting pedestrianways and plazas nd shall provide connections to the Parkwav Svstem. Nonresidential uses shall have an internalized relationship with the residential component and multi -modal accessibility. Density Reduction Land Use Overlay: A portion of the area commonly referred to as TAZ 848, generally located north of PGA Boulevard, east of the Loxahatchee Slough and west of the SUA wastewater treatment plant, is the subject of a land use overlay. The density within this Overlay is reduced by fifty percent from the underlying land use designation's potential density. This density reduction is necessitated by the environmental constraints of the property and potential FUTURE LAND USE 6/98 1 -7 EAR -based Amendment Ordinance 4, 1998 roadway capacity deficiencies. The result of the density reduction is a gross density potential of two dwelling units per acre. 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L1uu7uuc.G 1W 6VJW au4 .­.. - aL_ _1 11LUILL1114G IW 1111FM -La VII U1%' 110.Lu1a1 611YUV1L111G11L. llat 1.JU1GL LGLiuu%111G11L5 anu 1Gb'uIaLLvuz Vl UR. 1 allu "%,a%, 1 ValuGl'15 %_vuvG vl VluuLaucGJ anu \.V1uiJ1611GI1J1vG i Lail 0.1E ai Fu%,aulG W11G1G 11VL ul GVU111GL Wlul u1%1 FLvv1J1V115 Vl uL15 11YG110.y. FUTURE LAND USE 6/98 1 -9 EAR -based Amendment Ordinance 4, 1998 In addition to presenting the Future Land use categories described above, the Future Land Use Map also includes two t aii c cuciiiauvii transportation components. The Transportation Traffre C—ireulation Element of this Comprehensive Plan provides further details on these components:._ ..� ._ Interchange (o): The Future Land-Use Map designates seven eight' interchanges within the City ^T - - r-- Five of the interchanges shown on= the- map:are- existing:-. -.I -95 and Northlake:Boulevard; I -95 -. - F - - - �-., and PGA Boulevard; I -95 and Military Trail: I -95 and Donald Ross Road; and the Turnpike and PGA Boulevard. The PGA Boulevard and Alternate AlA urban interchange is currentiv under design and is programmed by FDOT for construction in 2000/2001. Three Two future interchanges shown for I -95 and Central Boulevard, rGA xJvuicvaiu diiu Al A, and Northlake Boulevard and the Turnpike will not be needed within the first five =year planning timeframe. However, they are designated in order to anticipate their right -of -way requirements construction and to recognize their potential impact on surrounding future land uses. Parkway (0000): The Parkway designation is shown along some of the major arterials within the City. The intent of the Parkway designation is to identify and preserve a corridor of between 300 and 400 feet within which the arterial roadway can occur along with bikeways, pedestrian paths, native vegetative greenways. linear parks, and landscaping. The parkway cross - section will - provide an aesthetically pleasing buffer between highly traveled. arterials and surrounding- - residential areas, as well as a safe bvwav for alternative modes of transportation. The Parkwav System has been designated as an urban component of the b'lorida Greenwav Svstem. It is described in more detail in the Conservation and Transportation Elements. One major objective of designating Parkways is to eliminate the perceived need of using strip. commercial as a buffer between arterials and residential areas. Therefore, the Parkway concept is integrated into the philosophy of designating commercial and employment areas at intersections or "nodes ", eliminating the need for strip commercial use. - FUTURE LAND USE 6/98 1 -10 EAR -based Amendment Ordinance 4, 1998 Goals. Obiectives and Policies GOAL 1.1.: CONTINUE TO ENSURE A HIGH QUALITY LIVING ENVIRONMENT THROUGH A MIXTURE OF LAND USES.. THAT WILL MAXIMIZE PALM BEACH, - GARDENS' NATURAL AND MANMADE RESOURCES - -WHILE MINIMIZING - ANY THREAT TO THE HEALTH, - SAFETY,.- AND WELFARE OF THE CITY'S CITIZENS: THAT IS CAUSED BY INCOMPATIBLE LAND USES AND ENVIRONMENTAL = -- DEGRADATION. Objective 1.1.1.: 7— •�I ..L_ -The City shall continue to 111 A�.�.VL 4Q11\.c �9'llll JG�.{dVll 1VJ.Jf.Vb, 1' .V., WG __-i__ ___L___ ___ land development regulations to manage future maintain r�::�, aiiu ic�aJC vraicac uc��a�ai j, growth and development in a manner that provides needed facilities and services, protects environmental resources, and discourages the proliferation of urban sprawl. Policy 1.1.1.1.: The City shall rc isw, a--juu rcVBSc w �c�c JLIC.ccisa y, continue to maintain land development regulations to ensure that they contain specific and detailed provisions intended to implement the adopted Comprehensive Plan, and which as a minimum: a. Regulate the subdivision of land; b. Regulate the use of land and water consistent with this element and ensure the compatibility of adjacent land uses and provide for open space; C. Protect areas designated Conservation on the Future Land Use Map and further described in the Conservation, Coastal Management, and Recreation and Open Space Elements of this Comprehensive Plan; d. Minimize the impacts of land use on water quality and quantity and regulate development- which has a potential to contaminate water, soil, or crops; e. Regulate areas subject to seasonal and periodic flooding and provide for drainage and stormwater management consistent with the Infrastructure Element of this Comprehensive Plan; f. .Protect potable water wellfields and aquifer recharge areas;. g. Regulate signage; h. Ensure safe and convenient on -site traffic flow and vehicle parking needs; i. Discourage urban sprawl through the following strategies: FUTURE LAND USE 6/98 1 -11 EAR -based Amendment Ordinance 4, 1998 (D establishing moderate densities and varied housing opportunities in urban areas (2) mixed -use and clustering requirements promoting urban infill development and redevelopment - locational requirements establishing an urban growth boundary and distinct urban and rural service areas ({) directing public investment to existing urban areas, and (7) annexation and extraterritorial planning agreements. j. Require landscape buffers and gardens using predominately native species and other appearance measures to maintain a high visual quality; k. Provide that development orders and permits shall not be issued which result in a reduction of the levels of service for the affected public facilities below the level of service standards adopted in this Comprehensive Plan; and 1. Provide for the assessment of impact fees or dedication of land and facilities to off -set costs assumed by the City or other governmental agencies for the provision of facilities or services required by new development. M. Cooperate with Seacoast Utility Authority through cooperation on the Seacoast Utility Board to insure the maximum utilization of their water and wastewater transport plan so as to implement the economic expansion of facilities within definitive service boundaries.:'. _ Policy 1.1.1.2.: The City shall maintain land development regulations which permit residential development only at densities equal to or less than the following: a. Rural Residential 20 (RR20) - up to a maximum of 0.05 dwelling units per gross acre, or one unit per twenty acres; b. Rural Residential 10 (RR10) - up to a maximum of 0.1 dwelling units per gross acre, or one unit per ten acres; C. Residential Very Low (RVL) - up to a maximum of 1.0 dwelling units per gross acre; FUTURE LAND USE 6/98 1 -12 EAR -based Amendment Ordinance 4, 1998 d. Residential Low (RL) - up to a maximum of 4.0 dwelling units per gross acre; e. Residential Medium (RM) - up to a maximum of 7.0 dwelling units per gross acre; f. Residential High (RH) - up to a maximum of 10.0 dwelling units per gross acre; and g. Mobile Home (MH) - up to a maximum of 7.0 mobile homes per gross acre; -and ir. ^l�m� _ i- __: -n__j -r n �___-lc -- -- - -- nn n -__ -- 11. 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Policy 1.1.1.3.: The City shall �� �c w , a�1u �C i�� w ���� u��Caaa�y , maintain land development regulations which permit a Mixed Use Development$ (MXD) distriet which shall implement the following concepts: 1. An MXD shall be developed as a Planned Community District or a Planned Unit Development. However, land development regulations adopted to implement this Comprehensive Plan shall inekide a maintain mixed -use supplemental regulations zoning- distriet to provide further criteria for the development of sites with MXD Future Land Use designations. including parking rea_uirements. permitted uses. -• setbacks and other considerations. 2. MXDs shall have frontage on at least one arterial The City's Conceptual Thoroughfare Plan shall be accommodated to expand the roadwav network through the provision of new local streets which serve new neighborhoods in the Citv's .1 L.. 11 L,. - ____ -, 1 -,1 L -_ - - -- L -- - -- -____ 1 -_A developing areas. ailu 0.110.11 uG �ullvuiluGU vy a11V1G Ulan VuG GA1JLlllr lauU UJG LO 1- --1 -- LYF%,. YG1uGU10.1 0.000JJ LV 1VGal JUGGW J11all 11VL VG 1JG111LLL U 11V111 J1LGA WILL all MVT -- '- - -�' -- AlI LLG31r11aL1V11. 3. MXDs shall include a minimum of three (3 two (2) of the other Future Land Use Categories described in this element. )residential must be one of these uses. unless it is determined by the City Council that the proposed development meets the criteria below established to waive the residential reauirement. No single use may comprise more than 60% of the area. Recognizing that mixed use moiects have varying 04mcteristjo. intensity measures are indicated below which provide flexibility in terms of minimum and maximum land allocations. These intensity FUTURE LAND USE 6/98 1 -13 EAR -based Amendment Ordinance 4, 1998 measures apply only within MXD oroiects. However, t _The City Council may waive this the maximum nonresidential height limit for employment center buildings located at the intersection of two arterials. Yivviaivil uYvu a uluulr, UIai ,L_ _l aL_ 1 /VT\ _1'_a___a _ _ L_ � a L_. _ J____t_____ —a 'al t___ aL__ aL___ /11\ u1L. L11Lb11L VL U1G lri/11J ULaL11L.L gall VG U1L.L Uy a UGY\r1VFJLl1G1A WIL111GJa U1a11 LLUC r k_Jj 11aL, Ly 1JGa. Ju\.11 GnLrG�/L1VLla Lllay uLL.luub a aLJLIr M. VWLLGl /VL.%.L&FallL VL au GuLilG - �______a__t _ I uGalb'uaLGU as 1t'1L1D. A. Critiera for a Non - Residential MXD: The Citv Council may waive the mandatory residential rea_uirement for anv MXD that meets anv two of the following condition$; The parcel represents in -fill development and. is surrounded on three sides by non - residential land uses including man-made' and natural barriers such as canals and maior arterial roadways. The densitv /intensity of existing or future - land uses immediately surrounding the parcel are compatible with non- residential uses. L The adiacent surrounding _planned and approved or existing built environment is over 60% residential. and non - residential uses are determined to provide for greater horizontal inteRration of uses. 8 Due to size or configuration of the parcel. the abilitv to provide an economically feasible. sustainable. inteerated residential component that functions to enhance and complement the other MXD uses is limited. 0 FUTURE LAND USE 6/98 1 -14 EAR -based Amendment Ordinance 4, 1998 B. General Mixed Use Future Land Use Category Intensitv Measures for Residential MXDs Land Use Land Allocation Lot Coverage Height Onen Snace Min 15% Neighborhood Min 2% Max 70% Min 2 Fl Commercial Max 30% Max 4 Fl Residential High Min 20% Max 50% Min 2 Fl Max 60% Max 4 Fl Residential Low Min 0% Max 50% Max 2.5 Fl Max 60% F-mnlovment Center Min 2% Max 70% Max 4 Fl Max 30% Snecial Definitions: Neighborhood Commercial land shall be used for community- serving retail. service. office and business uses. At least 25% of the net building area shall be designated for residential use and shall be located above the ground floor. Residential High land in MXD projects shall have a maximum density of 15 units /acre as a bonus for consideration of planned, multi- faceted development. The area allocated for Residential Low land and Residential High land shall not exceed the 60% limitation. inclusive of both residential types. Employment Center land shall be used for comorate offices. research and educational facilities, light industry, hotels, warehousing, and similar uSes, Employment Center lots shall generally be grouped together. FUTURE LAND USE 6/98 1 -15 EAR -based Amendment Ordinance 4, 1998 C. General Mixed Use Future Land Use Cate_gorv_ Intensity Measures for Non - Residential MXDs Land Use Land Allocation Lot Coverage Heig Open Space Min 15% Commercial Min 0% Max 50% Min 2 Fl Recreation Max 30% Max 4 Fl Commercial Min 0% Max 50% Min 2 Fl Max 60% No Max Industrial Min 0% Max 60% Min 2 Fl Max 60% Max 4 Fl Institutional Min 0% Max 50% Min 2 Fl Max 60% Max 4 Fl Professional Office Min 2% Max 70% Min 2 Fl Max 60% No Max Land Uses are defined as set forth in the Future Land Use Element. with the exception of. speCjaj land allocation. lot coveraze and height rea_uirements sp_ ecified for Non - Residential MXD developments. 4. The individual uses. buildines and /or -D_developments pods within MXD developments distriets shall include interconnecting pedestrianways and plazas and shall _provide connections to the Parkwav Svstem. Nonresidential uses shall have an internalized relationship with the residential component and multi -modal accessibility. Policy 1.1.1.4.: The City shall maintain review, auu i-via-a lacccssaiy, land development regulations which provide for a Planned Community District (PCD) which shall implement the following concepts: a. The intent of a Planned Community District (PCD) is to permit a large area to be FUTURE LAND USE 6/98 1 -16 EAR -based Amendment Ordinance 4, 1998 developed under one master plan that includes different land use types at several different levels of intensity. Collector roads and development "pods" are shown as part of the master development plan. Supporting documentation is also included which describes the development intensities assigned to each pod and any restrictions in use or site design requirements. The pods are then developed as Tll �__1 TT�.a _�__a_ individual site plans uuu1GU v1uL LJGYGIV�l111G11Li. b. Although a variety of uses and use intensities may be approved as part of a residential PCD, the overall density must be consistent with the underlying Future Land Use designation of the area. For the purposes of this Comprehensive Plan, the Citv Council may a_n_nrove the following bonus densities 11 aYYiy IA1G T7'!! _ T _ —A TL_ LS- 1_W _..a 1 —LU&lG LallU VJG GaLGn'V1iGJ UGJGIIVGU �11GY1VUaly ul u11J G1cmuc 1L for areas developed as PCDs: Rural Residential 20 (RR20): Up to 0.05 units per gross acre. Rural Residential 10 (RR10): Up to 0.1 units per gross acre. Residential Very Low (RVL): Up to 1.0 units per gross acre. Residential Low (RL): Up to 5.0 units per gross acre. Residential Medium (RM): Up to 9.0 units per gross acre. Residential High (RH): Up to 12.0 units per gross acre. C. In addition to the above, PCDs with an underlying Future Land Use designation of RH may have densities permitted up to 15.0 units per gross acre, based on one additional unit of density allowed for every 10% of native ecological habitat put into a preserve within the PCD up to a maximum of 15.0 units per gross acre. These preserve areas would be over and above the 'minimum preservation and- open space areas provided in accordance with standard PCD requirements, and must be incorporated into the Parkway „1:[llliiV iLianwZLYS system. d. In addition to the above, PCDs with an underlying Future Land Use designation of RH may have densities permitted up to 15.0 units per gross acre for the provision of affordable housing, as defined in this Plan, or for an Adult Congregate Living Facility (ACLF), except in Coastal High Hazard Areas that are the Category 1 Hurricane Evacuation Zones. (L Through the PCD'$ flexibility. the Citv Council mav_ _grant waivers to the non - xe,$idential intensities described previously. FUTURE LAND USE 6/98 1 -17 EAR -based Amendment Ordinance 4, 1998 f, Site plans for nods which are developed within Planned Communitv Districts shall be developed accordinLy to the densities and intensities assi_ened to them under the Planned Communitv District master plan documentation. Policy 1.1.1.5.: The City shall L1%.�� -sue y, maintain land development regulations which provide for a Planned Unit Development (PUD) technique which shall implement the following concepts: a. The intent of a Planned Unit Development (PUD) is to ensure the desired character of the community is furthered or enhanced on development sites within the City, particularly on sites where the development proposed is rather intense. Master plans for Planned Unit Developments include, at a minimum, site plans showing all local roads and landscaping plans. Supporting documentation is also to be included which indicates, at a minimum, development phasing and a list of permitted uses for commercial and industrial PUDs. b. In exchange, for the extra review requirements imposed by the PUD process, developers may propose plans that would not otherwise be permitted under by -right zoning districts. These may include a mixture of uses not found within any of the by -right zoning districts and/or density bonuses and/or waivers to non- residential intensities described previouslv.. For the purposes of this Comprehensive Plan, the City Council may approve the following bonus densities ..L-11 _1__ a aL_ T`__�_�_ T __j TT-.,_ _ .1 .___�.L_� _ _7 -_ aL!_ _1__- Snail aijlji ' LV lilb 1 uLUlG L0.11u VJG baLbrV"%10 L1bab11Vb11 FL%'Y1vLlJ1.Y ul uuJ blbulbuL for areas developed as Planned Unit Developments- Rural Residential 20 (RR20): Up to 0.05 units per gross acre. Rural Residential 10 (RR10): Up to 0.1 units per gross acre. Residential Very Low (RVL): Up to 1.0 units per gross acre. Residential Low (RL): Up to 5.0 units per gross acre. Residential Medium (RM): Up to 9.0 units per gross acre. Residential High (RH): Up to 12.0 units per gross acre. TT- -' L:_L -__ ---- *.IL-*— Tll -____7 b. 11a1111bLL V111L 1Jb Vb1Vj/111b11W VV111b11 alb uGVG1VjJV1LL VVlulill i 1a11mu \..V111111LL111{.y _1L_11 L.. .1,.....1._._,1 ------ I-*-- — �L_ __J — illJLLlbW Jllall Vb ub VblVjJbLL ab%,vL%4 11r, LV LL1b LLb11J1ubJ al1LL Luma1J1LLGJ aJJlrllbu LV _a_ '_� u1\.111 uuwa Lllb Hamm u \.Vi11111U111L.Y 1J1JLL1bL 111aJLb1 iiia11 uv%,Lun%, 1LaliV11. FUTURE LAND USE 6/98 1 -18 EAR -based Amendment Ordinance 4, 1998 .Qd. In addition to the above, PUDs with an underlying Future Land Use designation of RH may have densities permitted up to 15.0 units per gross acre for the provision of affordable housing, as defined in this Plan, or for an Adult Congregate Living Facility (ACLF), except in Coastal High Hazard Areas that are the Category 1 Hurricane Evacuation Zones. Policy 1.1.1.6.: The City shall r� ��w, �u r� ��c w :crc ��-- ssa y, maintain development regulations which address the location and extent of non - residential land uses in accordance with the Future Land Use Map and the policies and descriptions of types, sizes, densities, and intensities of land uses contained in this element. Policy 1.1.1.7: The City shall ensure the availability of suitable land for public and institutional uses (as defined on page 1 -3) necessary to support development by: Designating land on the Future Land Use Map for public /institutional use. The Citv shall support and facilitate coordination of school planning with the School District pf Palm, Beach CQunty for the location and development of public educatiQn f,1Gilities. The City shall identifv sufficient land to accommodate Public Educational Facilities as necessary to serve the current and proiected student population. At a minimum. proposed school sites shall meet the State Reauirements fpr Educational Facilities (SREF). plus a ten percent capacity flexibility allowance. and shall be sized to accommodate all needed utilities. $upport facilities and adeauate buffering of surrounding land uses. 2. Allowing public /institutional uses in certain land use categories subject to limitations and locational criteria as identified in this Plan. Such locational criteria shall include the following standards: (a) Public /Institutional buildings shall be specifically prohibited in areas designated as Conservation and other environmentally sensitive lands, including wetlands, 100 -year floodplains, groundwater aquifer recharge areas, areas set aside by development to meet the 25 percent preservation of native ecological communities and wildlife habitats. New or Expanded flql?liG /Institutional Facilities shall not be encouraged within the coastal area and shall meet the rea_uirements of the Coastal Management Element. (b) Public /Institutional Uses shall be located in areas where there are adequate transportation facilities to support the proposed use based on the adopted level of service standard for traffic FUTURE LAND USE 6/98 1 -19 EAR -based Amendment Ordinance 4, 1998 circulation. Preference shall be given to the location of such uses and facilities along City collectors and arterials as may be appropriate. (c) Public /Institutional Uses shall j'aa V c a uaa:nuuiii u%�uajmy / limited in intensity to a maximum lot coverage of 40% of the site and a maximum building height of 50 feet .g5 � .rI.� . (d) Schools shall be considered as compatible and allowable in areas designated with any residential land use category (RR20. RR10. RVL, RL, RM, R ). Further, schools shall be considered `public /institutional uses' and be allowable within areas designated industrial (IND) and public /institutional (P/I) as to W uc'nus:ty rcsid .-.t:a: on the Future Land Use Map. Other institutional uses such as, libraries, v-Gls, fire stations and government offices shall be considered compatible in medium and high density residential areas and all non - residential land use categories in which such uses are not specifically prohibited as cited in this comprehensive plan. Public /institutional uses may be permitted within all residential Planned Unit Developments and Planned Community Districts. subject to master plan approval and limitations and locational criteria as identified in this Plan. (e) Public /Institutional Uses shall be buffered from adjacent land uses and shall be set back from adjacent roadways. Buffering for noise, odors, glare and lights shall be provided: Setbacks shall be a minimum of 25 feet in the front, 15 feet in the sides and rear and buffers shall be a minimum of 5 feet. Buffers and setbacks may be increased depending on the characteristics of the proposed public /institutional use. Stadiums. outdoor recreational facilities and similar support facilities shall be located and buffered on the proposed site to minimize impacts on adiacent properties. Communication tpwim on school or other public property shall be consistent with the siting and safetv criteria contained in the Land Development Pegulations and shall reauire City Council approval. (f) Landfills, airports, wastewater treatment plants, universities and regional hospitals shall not be allowed in residential areas and shall require a comprehensive plan amendment to the Public /Institutional (P) land use designation prior to zoning and site plan approval. FUTURE LAND USE 6/98 1 -20 EAR -based Amendment Ordinance 4, 1998 (g) Public /Institutipual sites shall be capable of accommodating adeauate narking and onsite traffic circulation reauirements to satisfy Current and projected site - generated vehicular demand. Policy 1.1.1.8.: The City shall evaluate whether its feasible to furthei Laiad u----I . ,VY���%�IIt regulation tc, icviscu aiiu auvYu.0 -W--I--- L LI- ILLI 0--�.uvu 1vJ.JGVG kid, a'.o. Luau II simplify and streamline the existing regulatory programs of the City-, and shall continue existing establish- mechanism-$ to monitor the effectiveness of the regulatory programs. At a minimum. land development regulations shall be evaluated every five v_ ears. coinciding with the EAR -based amendments to the comprehensive Wan. Policv 1.1.1.9.: The Citv shall encourage `linkages' which connect or gather residents and business owners of different neighborhoods and promote a sense of communitv. This shall be accomnlished through 1) implementation of the Conceptual Linkage Plan (MaD 1) and Parkway Svstem. as described further in the Conservation and Transportation Elements: 2) connection of neighborhoods. shoDDina. schools and .Darks through an expanded sidewalk/pathwav system. discussed further in the Transportation Element: 3) Dromotion of `gathering' (DeoDle) Dlaces in new development projects: and 4) installation of entry features along major arterials. including signa_ge. art and landscaping which identify Palm Beach Gardens as a citv and communitv. Objective 1.1.2.: Development orders and permits for development or redevelopment activities shall be issued only if the protection of natural resources is ensured and consistent with the goals, objectives, and policies of the Conservation, Wirastructure and Coastal Management Elements of this Comprehensive Plan. Policy 1.1.2.1.: Development activities within areas designated on the Future Land Use Map as Conservation shall be comparable with the allowable activities for such areas as described in this element. Policy 1.1.2.2.: Species of flora and fauna listed in the Conservation and Coastal Elements of this Comprehensive Plan as endangered, threatened, or species of special concern shall be protected through the development review and approval process. Policy 1.1.2.3.: The City shall protect potable . water wellfields and prime aquifer recharge areas through the implementation of the Palm Beach County Wellfield Protection Ordinance. Policy 1.1.2.4.: Proposals for development within the 100 -year floodplain as identified by the Federal Emergency Management Agency shall conform with local regulations for FUTURE LAND USE 6/98 1 -21 EAR -based Amendment Ordinance 4, 1998 development in such areas. Policy 1.1.2.5.: The City maintain stormwater mana_ement Development L - ]__a_� __ a _ L [�__a___ IL'1 711r%n /1\ T [ _L_ regulations auv-1,L,... ,..,r,��s «��� W�ul ��.,«.,�� 1VJ.JL.VL& ki), .�., shall which require that development is carried out in a manner that recognizes and preserves the region's natural drainage systems, including the Loxahatchee Slough and interconnected flow -ways. consistent with South Florida Water Management District rules and regulations found in Chanter 40E-4. 40E -40. and 40E -400. F.A.C. Policy 1.1.2.6.: The developer /owner of any site shall be responsible for the management of run -off consistent with the goals, objectives, and policies of the Stormwater Management Drainage Sub - Element of this Comprehensive Plan. -L- L -- /'I\ T. n Polic 1.1.2.7.: Consls- -, wiui MR, tuii%.iiaain. FLVYL%a%.0 vy kid, 1'.J., t the City shall adapt maintain development regulations containing specific standards and criteria designed to protect environmentally sensitive lands consistent with the _goals. obiectives and policies of >t- CQnservatlon Element. Policv 1.1.2.8: The Citv shall adopt regulations consistent with the Boat Facility Siting Plan for Palm Beach Countv which restricts marine- oriented uses as follows: New multi- family projects with marina facilities and new dry storage facilities are not permitted. The__ total number of new wetslips per jurisdiction are limited to a maximum of 50 slips, provided that the local eovernment has demonstrated a need for additional public access in the comprehensive plan. One additional single -lane public boat ramp with a limit of 15 parking spaces for vehicles having a trailer may be permitted per jurisdiction, provided that the local government has demonstrated a need for the additional public access in its comprehensive plan. Objective 1.1.3.: Development orders and permits for development and redevelopment activities shall be issued, only in those areas where suitable topography and soil conditions exist to support such development. Policy 1.1.3.1.: All proposed development of other than individual residences shall include a soils analysis prepared by a professional licensed to prepare such an analysis which shall include the ability of the soil structure to support the proposed development. Policy 1.1.3.2.: All proposed development shall be located in a manner such that the natural topographic features of a site are not adversely altered so as to negatively affect the drainage of neighboring properties or visual aesthetics of the area.. FUTURE LAND USE 6/98 1 -22 EAR -based Amendment Ordinance 4, 1998 Objective 1.1.4.: Development orders and permits for development and redevelopment activities shall be issued only in areas where public facilities necessary to meet level of service standards (which are adopted as part of the Capital Improvements Element of this Comprehensive Plan) are available concurrent with the impacts of development. Policy 1.1.4.1.: ^V1-lJ1JL GllI W1L1 Ll1G Lu11"LLuJL1G Flvv1LLGLl V.' JGGL1V11 1VJ --;Av tl f, 1 , the City shall maintain adept development regulations to provide that public facilities and services be available concurrent with the impacts of development to meet the level of service standards established in the Capital Improvements Element of the City's Comprehensive Plan. Concurrence Management System requirements shall include the following: - - 1) Demonstration that the impacts from a proposed develo_ment coma_ lv_ with the ado_med level of service standards in the Citv. 2) Determination of concurrencv to the processing of the application for a development permit. 3) Certification of concurrencv shall be secured prior to an aDDlicant receiving a developroont Qrder, this may be in the form of certificate of exemDtion. certificate of concurrencv reservation. or certificate of conditional concurrencv reservation. 4) Certification of concurrencv shall be valid for the time set forth in the development order and any amendments thereto, otherwise the certificate is valid fqr two vears. If a time extension is not granted, the concurrencv certificate shall automaticallv expire. and no further develop_ ment activity can occur without obtaining an aD_ DroDriate concurrencv_ certificate. Policy 1.1.4.2.: Public facilities and utilities shall be located to: y a. Maximize the use and efficiency of services provided; b. Minimize their costs; c. Minimize their impacts on the natural environment; and d. Maximize consistency with the goals, objectives, and � policies of this Comprehensive Plan. Policy 1.1.4.3.: Prior to major annexation, a facilities and services extension plan shall FUTURE LAND USE 6/98 1 -23 EAR -based Amendment Ordinance 4, 1998 be prepared and adopted. This plan shall: a. Establish the location, level of service standards and phasing for each facility and service to be extended by the City; b. Require all development or redevelopment activities to occur in conjunction with the provision of the community facilities and services without exceeding the level of service standards established in the Capital Improvements Element of the Plan; C. In order to encourage infill development and reduce urban sprawl, future annexation ordinances shall reserve the right of the City to discourage development and redevelopment activities within proposed future annexation areas until such time as facilities and services are extended in accordance with the plan, even if facilities and services are offered by a developer in advance of the plan phasing. d. A comprehensive elan amendment shall be undertaken by the property owner during the Citv's next round of amendments to incomorate the parcel into the Plan. Upon the effective date of the comprehensive _plan amendment. rezoning to a Citv zoning district shall be initiated. Policy 1.1.4.4.: The City shall consider appropriate means, such as bonding through the Northern Palm Beach County Water eontred Improvement District, to guarantee that the rights -of -way /easements required for Parkways are identified, acquired, and 'unproved; ___7 a_ _____W_ :_ _ —.] �____a______ _Cat_ 71_.1__a_'__/1LT_a__�_ T�_.1__.__._ Q11LL LV 4JJLLi11G VW11G1JRip 0.114E 1110.111LG110.11GG Vl Lm. 1 GLLGJLL10.1�190.LLL1I- 110.11Waya. Policy 1.1.4.5.: The City shall encourage partnership between the private and public sector in the provision of public facilities. Objective 1.1.5.: Future growth, development, and redevelopment shall be directed to areas as depicted on the Future Land Use Map, consistent with: sound planning principles; minimal natural limitations; the goals, objectives, and policies contained within this Comprehensive Plan; and the desired community character. Policy 1.1.5.1.(a).1: For that area bounded by Florida's Turnpike to the east, PGA Boulevard to the south, and the former (June 13,1989) city limits to the west. which generally coincide with the eastern boundary the Loxahatchee Slough and generally the northern alignment of the Donald Ross Road extension, the City shall impose the following requirements, and shall maintain , 111 a- .�.vida—LiCC. wiul a%,,�. wn iv _Y._Yzv�, .L�i., ____:__ _ .L___ _________ land development regulations necessary to implement 1GY1GW, 0.114 1GY1JG W11G1G 11000JJ0.1y, these requirements. FUTURE LAND USE 6/98 1 -24 EAR -based Amendment Ordinance 4, 1998 1. All proposed development shall include a minimum of 250 acres which shall be rezoned to Planned Community District (PCD) and contain, at a minimum, a master development plan and supporting documentation which describes what the development is to include and how it is to proceed (phasing). All proposed collector roads within the development shall be shown as part of the PCD master plan. A waiver from the minimum size threshold may be granted by the City Council for existing parcels of lesser size as of February 19, 1998. 2. Individual development "pods" within an approved PCD shall undergo site plan review bc 1bGVlllu i iaiulc u iiiu% 1T.i6vViv�lu�u% i'ii1Ti` which shall include at F 1 1 a minimum, site plans, landscape plans, and all proposed local roads. 3. The overall density of PCDs in this area shall not exceed the maximum density permitted under the land use category. 4. Up to 2% of the gross land area of a PCD may be developed for commercial or office use. 5. Up to 5 % of the gross land area of a PCD may be developed for commercial or office use if significantly large areas (10% or more) of native ecological habitats are preserved within the PCD over and above those preserve or open space areas which may be required as a minimum. Such habitat preservation areas shall be confined to only a few large areas, rather than scattered throughout, and shall be connected to the parkway i a.ua.o u iaili i aiui Ti aii w a j% system. 6. If the entire area covered in this policy is developed under one PCD master development plan, an additional 50 acres of commercial land use may be permitted over and above the 2 % and 5 % criteria described previously. 7. Up to 2% of the gross land area of a PCD may be developed for industrial uses. 8. All PCDs shall be subject to the provisions of the Conceptual Linkage Plan for Northwest Palm Beach Gardens as described in this Future Land Use. Transportation. and Conservation elements. E The master development plan shall be consistent with and .imp_ lement the City's Conceptual Thoroughfare Plan. Policy ry 1.1.5.1.(a).2: For all properties west of the urban _growth boundary Slough) ___' L__ L_ __ L___ —,__7 L_. "o- 1 -1_1__ Tl___t a L_ L T T___ "__-3 W lLLllil LL1G 0.1 G0. UV411LLGLL by 11V171110.Ab "VU1- -VaLU lV LL1G 0VUU1, LJV110.1LL 1\VJa 1\Vau FUTURE LAND USE 6/98 1 -25 EAR -based Amendment Ordinance 4, 1998 .L_ L IT __ -_ 1I1 ,AOA\ L_ _L L G11LG1101V11 LV LL1G 11V1 LL1, 0.11u U1G 1V1111G1 G1Ly 1i11LLW `JLLM, 1J, 17V7f LV um. G0.aL, W111G11 1.av,. no 0.G L1VG ulrvL.1V�J111G11L V1LiGl Vl VLL1Gl YGaLGU aLaLUO r,1a11L%.LL Uy LL1G %-LLy Vl 10.1111 iJG0.Gll Eetnity, the City shall impose the following requirements, and shall maintairr-,--in 0.GGV1u0.- 1GG W1-.UL1 JGG-U_V-l_ l , land development development regulations necessary to implement these requirements. 1. Develop_ ment shall be consistent with rural densities and intensities and shall receive services consistent with the adopted level of service standards for the rural area. All proposed development shall include a minimum of 250 acres which shall be rezoned to either, 1) Planned Communitv District (PCD) and contain. at a minimum. a master development plan indicating all proposed collector roads and sum)ortine documentation which describes what the development is to include and how it is to proceed (phasinLy): or 2) Planned Unit Development (PUD) which shall include. at a minimum. site plans. landscape plans. and all proposed collector and local roads. All site plans CHs developed within PCDs shall be subiect to the densities and intensities assiLyned to them under the PCD master plan documentation. A waiver from the minimum size threshold may be eranted by the City Council for existing parcels of lesser size as of February 19. 1998. 1711 lJl V�JVOGLL uG YG1V�J111G11L 0110.11 un iuu1. 0. 111111111111111 01 L..JV acres Which 0110.11 VG 1GGVL1Gu LV i 10.1ll1Gu Vv111111u111Ly 1J1aum.L kr x.11 f 0.11u Gv11U1ll1, 0.L a 11111LLUILU 1, a ___L!_L '-1___ -.L__ ___L _. at_ 1110.0 W1 uL.vG1Vy111G11L IJ10.11 allu allIJIJVLLILir uVGUluG11L0.L1V11 W111L:11 L100011UGa Wll0.l u1G _t - --1_ -.J L - - -_ __7 /- L___ -_\ A 11 uGYG1VF111G11L la LV u1G1uuG anu uvw lL la LV FLVGGGLI WimaLurj. 1111 FivYvac.LL .L_ _1-11 L_ _L ____- _ -L aL_ Tl!',T% GVIIGGLVI Lua%Aa vviuml U1-- LM V%,1VFL11G11L a110.11 UG auvwll 0.a FAIL Vl LL1G X %-L.1 1110.aLL.l WWFF IU= 2. Individual development "pods" within an approved PCD shall undergo site plan L _] a_ Tll_ - --_] TT -:. Tl____t_ -�_ -. /TITTT%\ review U i�zvn�U w 11a1u1GU 1J111L 1JGYG1V1J111GUL 11 UEj which shall include, at a minimum, site plans, landscape plans, and all proposed local roads. 3. The overall density of PCD /PUDs in this area shall not exceed the maximum density permitted under the land use category. 4. Site design shall be sensitive to the natural resources and environmental characteristics of the property. 5. All PCD /PUDs shall be subject to the provisions of the Conceptual Linkage Plan for Northwest Palm Beach Gardens as described in this the Future Land Use. Transnortation. and Conservation element. 6. . The master development plan shall be consistent with and imp_ lement the City's C,QnWptual Thoroughfare Plan. FUTURE LAND USE 6/98 1 -26 EAR -based Amendment Ordinance 4, 1998 Policy 1.1.5.1.(b): A land use overlay is hereby established and depicted on the Future Land Use Map. This Density Reduction Land Use Overlay shall reduce the density potential within the residential area of what is commonly referred to as TAZ 848 by fifty percent, resulting in a maximum gross density potential of two dwelling units per acre, with no provision for a density bonus. Although a variety of uses and use intensities may be approved as part of a residential PCD, the gross density shall be consistent with the density restrictions of this Overlay and shall not exceed the impact of that generated by two dwelling units per acre. Development within the Overlay shall be clustered to the least environmentally sensitive areas and shall be supported by adequate facilities. The regulations and requirements of the Palm Beach Gardens Code of Ordinances and Comprehensive Plan are applicable where not in conflict with the provisions of this Overlay, including Policy 1.1.5.1(a). Policy 1.1.5.2(a): For those areas which were annexed into the City in 1988 and which are located within that area bounded by Donald Ross Road to the North, PGA Boulevard to the South, Central Boulevard to the east, and Florida's Turnpike to the west, the City shall impose the following requirements, and shall maintain , ni-1 accoiruai-LiCic wiuh sV�%�«VII r 0 __i__ . ___.:__ __.L___ land development regulations 1VJ. J6.VA,, 1 .J., 1GY1GW, anu 1GYlJG wuVi.G 11000JJCIIy, necessary to implement these requirements. 1. All proposed development shall �r�c:uu� a ���um�n un of 5v a%,rva W u%,u Zi be rezoned to either: 1) Planned Community District (PCD) and contain, at a minimum, a master development plan indicating all proposed collector roads and supporting documentation which describes what the development is to include and how it is to proceed (phasing); or 2) Planned Unit Development (PUD) which shall include, at a minimum, site plans, landscape plans, and all proposed collector and local roads. All site plan$ FULs developed within PCDs shall be subject to the densities and intensities assigned to them under the PCD master plan documentation. 2. With Citv Council annroval of a densifv bonus. Tlhe overall density of PCDs or PUDs in this area shall not exceed: 5.0 units per gross for those areas designated as RL; 9.0 units per gross acre for those areas designated. RM; and 12 units per gross acre for those areas designated RH. 3. In addition to the above, PCDs with an underlying Future Land Use designation of RH may have densities permitted up to 15.0 units per acre if significantly large areas (10% or more) of native ecological habitats, in addition to the otherwise required open space and preserves, are preserved within the PCD. One additional unit of density may be allowed for each 10% of habitat which is preserved, up to a maximum of 15.0 units per acre. These preserve areas would be over and above the minimum preservation and open space areas provided in accordance with FUTURE LAND USE 6/98 1 -27 EAR -based Amendment Ordinance 4, 1998 standard PCD requirements, and must be linked ineorperated into the r GliGa LL miLu ii aLlil C. 1 railways Parkway system. 4. Up to 3 % of the gross land area of a residential PCD or PUD may be developed for commercial or office use. However, these uses shall be restricted to neighborhood commercial uses as they are defined in the City's least intensive commercial zoning district. 5. Up to 5 % of the gross land area of a residential PCD may be developed for commercial or office use if significantly large areas (10% or more) of native ecological habitats, in addition to the otherwise required open space and preserves, are preserved within the PCD over and above those preserve or open space areas which may be required as a minimum. Such habitat preservation areas shall be confined to only a few large areas, and be connected to the r%;ruaauiakmi.aLuL%. Trailway Parkway system. These uses shall be restricted neighborhood commercial uses as they are defined in the City's least intensive zoning district. 6. If the entire area designated as RM on the Future Land Use Map on the west side of Central Boulevard between I -95 and PGA Boulevard is developed under one PCD master development plan, an additional 10 acres of commercial land use may be permitted over and above the 3 % and 5 % criteria described previously. 7. All PCDs or PUDs shall be subject to the provisions of the Conceptual Linkage Plan for Palm Beach Gardens as described in this the Future Land Use. Transportation, and Conservation element. 8. The master development elan shall be consistent with and imp_ lement the Citv's Conceptual Thoroughfare Plan. Policy 1.1.5.2(b): For those areas which are located within that area bounded by Donald Ross Road to the north, PGA Boulevard to the south, Alternate AlA to the east and Central Boulevard to the west, the City shall impose the following requirements, and shall maintain, ui a%wruaia,c wiui .C3%A.,Liv- 1 1VJ.JLVG, i isvl%,w aiiu L%,vla%. wu--iV- u--ivaaaiy, land development regulations necessary to implement these regulations. 1. All proposed development shall be rezoned to either: 1) Planned Community District (PCD) and contain, at a minimum, a master development plan indicating all proposed collector roads and supporting documentation which describes what the development is to include and how it is to proceed (phasing); or 2) Planned Unit Development (PUD) which shall include, at a minimum, site plans, landscape TT plans, and all proposed collector and local roads. All l V LJa site plans developed within PCDs shall be subject to the densities and intensities assigned to them under FUTURE LAND USE 6/98 1 -28 EAR -based Amendment Ordinance 4, 1998 the PCD master plan documentation. 2. With Citv Council approval of a density bonus. -Txhe overall density of PCDs or PUDs in this area shall not exceed: 5.0 units per gross acre for those areas designated as RL; 9.0 units per gross acre for those areas designated RM; and 12 units per gross acre for those areas designated RH. 3. In addition to the above, PCDs with an underlying Future Land Use designation of RH may have densities permitted up to 15.0 units per acre if significantly large areas (10% or more) of native ecological habitats, in addition to the otherwise required open space and preserves, are preserved within the PCD. One additional unit of density may be allowed for each 10% of habitat which is preserved, up to a maximum of 15.0 units per acre. These preserve areas would be over and above the minimum preservation and open space areas provided in accordance with standard PCD requirements, and must be linked alto the 1 Lit1G.JLL lall/ 11 0.LLL1G 110.11 W ayJ Parkway system. 4. Up to 3 % of the gross land area of a residential PCD or PUD may be developed for commercial or office use. However, these uses shall be restricted to neighborhood commercial uses as they are defined in the City's least intensive commercial zoning district. 5. Up to 5 % of the gross land area of a residential PCD may be developed for commercial or office use if significantly large areas (10% or more) of native ecological habitats are preserved within the PCD over and above those preserve or open space areas which may be required as a minimum. Such habitat preservation areas shall be confined to only a few large areas, and be connected to the 'n- rnT_L___ __y parkway system where possible. These uses rGLIGJUfall/'K --- - 11Q11W0. _ shall be restricted neighborhood commercial uses as they are defined in the City's least intensive zoning district. 6. All PCDs or PUDs shall be subject to the provisions of the Conceptual Linkage Plan for Palm Beach Gardens as described in this the Future Land Use. Transportation. and Conservation element. 7 The master development plan shall be consistent with and implement the Cit_v's Conceptual ThorouLyhfare Plan. Policy 1.1.5.3.: For that area designated as Industrial on the Future Land Use Map bounded by PGA Boulevard to the south, the Florida East Coast Railroad to the east, and I -95 to the west, the City shall impose the following requirements, and shall maintain FUTURE LAND USE 6/98 1 -29 EAR -based Amendment Ordinance 4, 1998 �- --- ---'_� - / " ^�nnn n C, -- - -- -2 __ -- -- -1- - -- -- land 111 QGGVlLLQ11GG W1LL1 JGGLLVLl 1VJ..JGV(.7 1 .J., 1GY1GW, Q11LL 1GY1JG YY11G1G 11000JJa1y, development regulations which are necessary to implement these requirements: 1. No vehicular access shall be permitted across the north boundary of the site. 2. Site design shall incorporate significant setbacks from the surfacewater area formally dj 5jLnated oven space (ROS) ' f; blik; --- __ -ia, - - - LLGLL1Ga�GLL LLUI1G GQJG111G11L which separates the parcel from those to the north, and include buffering techniques to mitigate impacts on adjacent land uses. Policy 1.1.5.4.(a): The City shall assign -a maintain planned development area (ED zoning o cilay �auu use caLcr-,Vzy to all undeveloped non - conservation tand west of Al, LC 171L7 and ---1- -.0 V` CA �_uIc�a ►u for which a development plan has not been TL_ TT A __1__. approved by the City. 1116 1 1JA VYGllar lauu ILJG JLlan L,G lluFm-111GJLJLL LL L 1 VLLr,11 ulc Ll L zVUU1r, uiaula. The PDA zoning ME& V.ciiay ianu uac ca`1c�V�ic� shall apply to all properties over 10 acres in size and in the urban area. shall be regarded a "holding zone" until development of the said properties is requested pursuant to the comprehensive plan. At the time of the rezoning of the land from PDA to PUD or PCD, the underlying land use shall guide the intensity and type of development. All proposed development shall be of character consistent with the `urban' or `rural' distinctions established by the Urban Growth Boundary (Policy 1.1.5.4.(b)). The permitted uses. in the urban area. under the PDA district shall include single - family residences at the density of one - dwelling unit per ten acres, public parks and recreation facilities, and as conditional uses-_ " agriculture and institutional uses such as churches and fire stations.. ]permitted uses in the rural area shall include single- family residences at a density consistent with the Future Land Use designation (1 du /10 ac or 1 du /20ac). agriculture and public safety facilities. Agricultural uses shall not be permitted in environmentally sensitive preservation areas. Development within PDA shall be clustered and, 41 the urban area. shall be supported by potable water, sanitary sewer and adequate roadway facilities. Septic tanks shall be prohibited in the urban area in the PDA except for an individual single family residence, however. in the rural area. septic tanks are the standard. Uses in the rural area shall receive services consistent with the adopted level of service standards. The rezoning of PDA to PUD or PCD shall occur only when the applicable urban and rural services and facilities necessary to support the intensity of such development will be in place concurrent with the impacts of the development. Such rczVrlulr-, Kean occur in a ulauuci __.L• -L �______�._ - __- _- ____.- _ _ -_• - _l .L_ ___• .__ --- ----- -____ -_- W 11IG111Grl1G0GlIW 1JLVb'1wJ1YG GAJJa1IJiV11 VI LL1G GAIJLUIr, LL1Va11 a1Gaa allu Jllall 11VL jJLVluvii, 1Gap'-11V� LLG YGIVF11 The extension of public facilities into areas zoned PDA shall be 1G111. consistent with the urban and rural level of service standards. maximize the use of existing facilities and services, encourage compact urban development and discourage the proliferation of urban sprawl. Concurrent with rezoning to PCD /PUD. any uses not permitted by the underlying land use category_ shall cease consistent with the phasing nlan of the approved PCD /PUD. FUTURE LAND USE 6/98 1 -30 EAR -based Amendment Ordinance 4, 1998 Policv 1.1.5.4.(b): In order to prevent urban sprawl and promote cost effective and efficient service deliverv. the Citv shall designate an Urban Growth Boundary (UGB) which generally coincides with the eastern boundary of the Loxahatchee Slough. The LJGB shall be designated on the Future Land Use Map (_Map A). The UGB divides the Citv into distinct areas. urban and rural. These two distinct areas shall be designated with land uses (densities and intensities) consistent with urban and rural characteristics and shall receive public services and facilities at levels armrop_ riate for such urban and rural uses. as defiTied in the Capital Improvement Element Policy 1.1.5.5.: In accvruailcc Wlul 5-ccLIvu IV .J. _'2V2, .J., The City shall Maintain _ L __L___ - land development regulations requiring residential l�.YIG.W, auu 1G:Y1J4. WLGILi __ - neighborhoods to be designed to include an efficient system of internal circulation, including the provision of collector streets, to feed traffic onto arterial roads and highways. New development shall accommodate new local roads, dep_ icted on the Concentual Thoroughfare Plan. Policy 1.1.5.6.: In accVzdaucc WILLI ac%.Livrl �V -Y. -12V2, 1 .0., L.The City shall cu - - --=-. --L- -- --- land development regulations requiring subdivisions 1GGYI4W, CLL1LL 1GY1J4r WLG14i 11L.L.GJJQ1�, to be designed so that all individual lots have access to the internal street system, and lots along the periphery are buffered from major roads and incompatible land uses. T -ll - -- 1 1 C i'I _ •rf__ /'..a__ - -- -- -- L_ 1.. - -a' -- r- -- -._- .`-a- - !`L " -L -- A vua y 1.1.J. I .• L U%, <.1LY L.11L.VL1aE,L.J u1L. lv\.auvu Vl a "=jvi. liIJULUw VI L1611L.1 GLL►bauVll W1LLL1 u14. < JZL Vl 1LJ LULLL14, aLmAGAallvll al Gu. Policy 1.1.5.28.: By the year 2000, the location of a district park shall be selected: acquisition negotiations shall be established with the property owner: recreational facilities shall be identified: and funding strategies shall be determined in coniunction with Palm /__ —. —d _ L'. L_ !'�_a__ L_�.aL_ �__a•_— l.L_ Beach County. locatcu wiulLl ul' �.uj� 1L14LO. TT1uLL �WV Y- -CLLa 11v111 LLn. allVIJLIVLI V1 Lu%. 7l _ 1 laL., U1,_ V1Ly Jllall UL.LLd11L11{. Lu-G 1L.aKuL1Ly Vl 1v%,aLL1r, a LLIJLLLL.L Falb aL u1L. LVILL.L.aJL _C aL_ T _ __L _ --1 in—A L.V111G1 Vl tblc' Loxa-haUrLGG olvurll allu i VA 17VLW. Val LL. . Policy 1.1.5.$9.: Owners of property containing uses not consistent with the Comprehensive Plan and Land Development Regulations will be notified that their use is nonconforming and will be required to come into compliance or be eliminated no later than 7 years from the date the use became nonconforming. The City Council may, on a case -by -case basis, exempt a non - conforming use only after a public hearing is held to consider its compatibility with surrounding properties. The City Council may require additional buffering, screening and modifications to bring the property more into compliance with the Comprehensive Plan and the Land Development Regulations. These uses will not be allowed to expand, and if damaged or destroyed by more than 50% of their value, will not be allowed to be reestablished. kscc u� ull�Iva ul 'JUYYVJL Nonconforming uses are defined as lots. structures. and uses of land and FUTURE LAND USE 6/98 1 -31 EAR -based Amendment Ordinance 4, 1998 structures that were lawful before the adoption or amendment of a reaulatiQU, but which would be prohibited. re_aulated or restricted under the terms of the .reeulation or future amendment Objective 1.1.6.: The City's economic base shall be expanded by promoting commercial and industrial activities as planned and illustrated on the Future Land Use Map, by ITJL .AIF.,v al raa .UJL JL ULLU U, and by ensuring adequate sites and timely provision of public utilities and services to stimulate such growth. Policy 1.1.6.1.: Development orders and permits for future development and redevelopment activities shall be issued only in areas possessing the appropriate Future Land Use designation and that are consistent with the goals, objectives, and policies of this Comprehensive Plan. Policy 1.1.6.2.: All proposed commercial and industrial development requiring a change on the Future Land Use Map in order to be approved shall submit a market study indicating the economic feasibility of the development and the locational advantage over . existing commercial and industrial lands. Policy 1.1.6.3.: The City shall coordinate future annexation areas (Map J) with the affected land owners, governments, and agencies for the future annexation. and land uses. of these areas. _ Policy 1.1.6.4.: New commercial properties shall be developed in nodes, at intersections rather than strips. A mix of uses within commercial developments shall be encouraged, including residential, and parks and open space. Policy 1.1.6.5.: PGA Boulevard shall be developed as the "Main Street" of Palm Beach Gardens using the following techniques: a. Following completion of the PGA Boulevard /Alternate AlA urban interchange. a new CRAi 1 4 (Constrained Roadwav at a Lower Level of Service) -A Level of Service Standard for PGA Boulevard shall be determined in coordination with Palm Beach County, the Regional Planning Council, and the State Department of Transportation with the maximum number of lanes being six; b. The Citv shall maintain the PGA desiLyn Lyuidelines as reeulations laa �iQii b-c u�,�civ by i».5i which reauire the utilization of -shall Y Y 7 - maize landscaping, boulevard strips, pedestrian walkways, bikeways, buffers, and setbacks to emphasize the various functions of PGA Boulevard as a divider of FUTURE LAND USE 6/98 1 -32 EAR -based Amendment Ordinance 4, 1998 different land uses and as a center of the City; Policv 1.1.6.6: Within two vears after it has been determined that the Tri-Rail will utilize the FEC tracks and serve northeastern Palm Beach Countv . the Citv shall undertake a studv of the vacant lands lving within one quarter mile of the FEC railroad line paralleling Alternate AlA. The pumose of this studv is to determine the location(s) best suited for a future train station and appropriate uses for vacant lands in order to promote transit- oriented develonment. The findines shall be incornorated into the Evaluation and Appraisal Renort and anv desired changes to the Plan shall be identified as future EAR - based amendments. The studv shall consider desired forms of develo_ment natterns outlined in the Treasure Coast Strategic Regional Policv Plan. Policv 1.1.6.7.: The Citv shall initiate proactive efforts to expand the economic base of the City. working within the framework of existing economic agencies and groups. such as the North Countv Mavors Economic Develonment Groun. the Palm Beach Countv Business Develonment Board and County Economic Development Department. Strategies.. . shall include considering the creation of a Citv Economic Develonment Advisory Board to create an economic element of the comnrehensive plan- improving communication and forging alliances with maior property owners in order to coordinate efforts in attracting new businesses: accelerating the development approval process: encouraging redevelopment of distressed prop_ erties: and maintaining points of contact with economic development agencies. Objective 1.1.7•: t71!aL!� AL_ a!�_C Y L- C�_�!__ 1L'f 11A�1 C1,' n O' 77 1{.11111 WG L1111G11 nA..`, 1 V 714GLL V OV-{ L1V11 1VJ.JbVH 1 1' .►7. & -TheCity shall maintain adept land development regulations containing standards and provisions which encourage the elimination or reduction of uses inconsistent with the City's character and future land uses. Policy 1.1.7.1.: Expansion or replacement of land uses which are incompatible with the Future Land Use Plan shall be prohibited. Policy 1.1.7.2.: Regulations for buffering incompatible land uses shall be set forth in the City's land development regulations. Objective 1.1.8.: The City shall improve coordination with affected and appropriate governments and agencies to maximize their input into the planning and development FUTURE LAND USE 6/98 1 -33 EAR -based Amendment Ordinance 4, 1998 process and mitigate potential adverse impacts of future development and redevelopment activities. Policy 1.1.8.1.: The Future Land Use Element of the City's Comprehensive Plan shall locate residential areas and establish densities in coastal areas in a manner consistent with the Palm Beach County Peace: my Comprehensive, Emergency Management Plan. Policy 1.1.8.2.: The City shall cooperate with the Palm Beach Countywide Intergovernmental Coordination Program and /or Treasure Coast Regional Planning Council J"Nanajiag Council to settle land use disputes between the City and adjacent municipalities or unincorporated areas. Policy 1.1.8.3.: Requests for development orders or permits shall be coordinated, as required, with Palm Beach County, adjacent municipalities, the Countywide Intergovernmental Coordination Program. Treasure Coast Regional Planning Council, T' -- -� Couac.'1, South Florida Water Management District, and state and federal 1 1Ci1111111 <.V LLllbl agencies. FUTURE LAND USE 6/98 1 -34 EAR -based Amendment Ordinance 4, 1998 TRANSPORTATIQN 1 ": «^ ^in^_;;:,A, T i ELEMENT The following abbreviations and acronyms are used throughout this Transportation Element: AADT Average Annual Daily Trips County Palm Beach County FDQT Florida Department of Transportation FIHS Florida Intrastate Highway System as defined in s. 338.001 F. S. MPO Metropolitan Planning Organization TPSO Palm Beach County Traffic Performance Standards Ordinance, Supplement No. 4, 10 -96 Goals, Objectives and Policies GOAL 2.1.: THE TRANSPORTATION SYSTEM IN PALM BEACH GARDENS SHALL BE CONVENIENT, SAFE, AND EFFICIENT FOR ALL PERSONS LIVING IN AND TRAVELING THROUGH THE CITY. Objective 2.1.1.: The - - — ---- To maintain specific level of service LOS J Il l,C � VNUVr ay Jy JlGlll J11Aii p (LOS) standards on the roadways. Policy 2.1.1.1.: Level of service standards shall be as shown on Table 2A 2 -7 and shall be applicable to the urban and rural service areas. Level of service for aciiilicas VIL lii%;; olalc auu Lil_t______- �_._.____ FIHS roads will be measured utilizing the FDOT Generalized Peak Hour 11 �.VUllly "g'--way Systci -nJ Directional LLcvcl Vl 'Sc V 1GG vlaxiiuufu Volumes for Florida's 1 lib rbanized Areas (Table 2B i= ft), or FDOT Generalized two -way Peak Hour Volumes for Florida's Urbanized Areas (Table 2C 9), or as ca,culalcu, Uy C-L y, utilizing the FDOT Florida Highway System Plan Level of Service Standards and Guidelines Manual (FDOT Manual) and the 1994 Highway Capacity Manual (HCM) procedures contained in the Special Report 209, 3`d Edition, 1994.. Level of service for non - FIHS roads that are part of the County thoroughfare system will be measured utilising the volumes provided in the 1997 Palm Beach County Comprehensive Plan Transportation Element (Table 2D 2- 0), or utilizing the methodologies provided in the TPSO. Level of service for city roads will be measured utilizing the service volumes and capacities adopted in the City's Traffic Performance Standards Ordinance (Table 2E 2 -11) or as calculalcu by l'i-Ic ci y utilizing the FDOT Manual and 1994 +%5 HCM procedures. Policy 2.1.1.2.: The City will amend its comprehensive plan and land development ordinances as needed to maintain consistency between its accepted methods of measuring the level of service on FIHS or County thoroughfare roads and the most current methods adopted by the FDOT or County, T ____t1 _r ('�- _ - -'-- �_ -�- r -- n1 -1- tl - - -t- _1-_11 t- -. -__]d_ respectively. LGVGl Vl JGl V1GG JlailLLal UJ 1Vi JLaLG 1.Vaua Jucui VG %,vvLu111aLGU wlul lilt 1'1V11LLa T ----y--- - -1 - rT-- --- --- --1 -`� --- -- -t--- ------lI-- -- 1_t-I'-t---t -1--- J---J _ �. rr -- r - -- -- at-- -- -rat Tl'A LJGl./al UllGlll Vl 11CLL1J�JV1L0.L1V11 w11G11GVGl U1G GJL0.V11J11GLL JLallllal UJ U111G1 11V111 U1VJG Vl U1G 1 1V11ULL LJG�./al UllGlll Vl 110.11J1JV1 L0.L11311. Policy 2.1.1.3.: The City shall review all development proposals proposca uc_�cJLVF11JLul; rJLVJc:,W for consistency with the Goals, Objectives, and Policies of this element gran including consistency TRANSPORTATION 6198 2 -1 EAR -Based Amendments Ordinance 4, 1998 with the traffic circulation plans and the level of service standards. An assessment of the proiected The impact of traffic proie,e,t generated traffic buy a pi-jcct on the roadway network within and serving he City shall be obtained �.�casuicu bascu cni g tY obtained,, The net amount of project tries projected at prejeet build out will be used as a guideline for determining by Y �a,c, a, -�d o�; the radius of development influence. At a minimum. road segments within the appropriate radius as notCd shevwn on Table 2F 2 -10 will be analyzed. The proiect's impacts will be projected fot- each phase of the proiect through the estimated date of completion. Policy 2.1.1.4.: By 2000, in cooperation with the County_ and neighboring jurisdictions, the City shall evaluate the potential benefits of various transportation demand management strategies and transportation system management strategies in improving the capacity of roadways in the, City without the addition of lanes. An example of a strategy that might be evaluated is negotiating agreements with area employers to stagger their work hours. From this evaluation, a list of strategies of potential be,nefit will be developed. Policy 2.1.1.5. +: The City shall pPrepare, in conjunction with the MPO and other governmental agencies, a ai- annual a report thatwl-lic'n identifies City collectors which have no excess service volume; and develop a list of improvements, transportation demand, and transportation system management strategies to increase that service volume. Before adding improvements for constrained or ohvsically- limited roadways to the Capital Improvement Program or before adopting a lower level of service standard for the roadway, the City will attempt to improve roadway capacity by implementing the transportation demand and transportation system management strategies identified as of greatest potential benefit by the evaluation referred to in Policy 2.1.1.4. Policy 2.1.1.6.5-.: The City dDevelop, on an annual basis, a Capital Improvement Program for roadway improvements within the City. The findings of the annual report prepared under Policy 2.1.1.4 shall be utilized in developing the Capital Improvement Program. T_1•___ 1 1 1 ! _ Tl__ 1"'�_�__ _1__11 ___J ________ __1____ _________— _..A -- T /l(1 _a___J___J_ T_1'___ a viizy L,. A. A. v.. t uc %.,lly Jliall icvlcvv aiiu tcvt3c wltctc llccwacuy, utc L,vL nalluaIU3 iii 1 um'.Y 1 t 7 1 ._ ____r_i-n ---:.1_ al__ _-- my __.]J_ T__ -CP__ n__r--- _- -_-- '13taa J-_J_ _--1---- �..t.i.i. w wluviiii wlui uic wuluy -wiuc ilaiiic i ciiviiiicuicc .�tatlucuu�, wticii tutu ii auvYLcu. Policy 2.1.1.7.: Proposed roadway projects will be reviewed and tanked in order of priority according to the following guidelines: a) Whether the project is needed to protect public health and safety, to fulfill the County's legal commitment to provide facilities and services, or to preserve or achieve full use of existing facilities; b) Whether the project increases efficiency of use of existing facilities, prevents or reduces future improvement cost, provides service to developed areas lacking full service, or promotes in -fill development; TRANSPORTATION 6198 2 -2 EAR -Based Amendments Ordinance 4, 1998 TABLE 2A: LEVEL OF SERVICE STANDARDS Facility Tvge Peak Hour Level of Service Standard Neiehborhood Collector D City Collector D Non -FIH$ roads that are part of the County Thoroughfare Plan: respectively, until PGA \ .Cody Cofli .l.tor D County Minor Arterial D State Minor Arterial E State Principal Arterial D FIHS roads D Beeline Highway ( Northlake Blvd to CR711) C Llllll LGLL f' cccas 1 Blvd and 1 -95 Excepted Links: ----------------------------------------------------------4---------------------'--------- State Principal Arterial: PQjA Boulevard between V.$. 1 LOS "F " with 55.200 daily and Alternate A 1 A; and between Alternate A 1 A and I- trips and 73,000 daily trip$, 95 respectively, until PGA Blvd/Altemate A 1 A urban interchange is constructed. Interchange improvement expected in Year 2001 -2005. 1 See Policy 1.1.6.5. ---------------------------------------------------- - - - - -- - - - - - -------------------------- State Minor Arterial: Military between Northlake 1 LOS "F" with 63,900 daily Blvd and 1 -95 ; trips until December, 1999. ----------------------------------------------------------4---------------------'--------- City_ Collector: Burns Road from 1 -95 to Military_ Trail LOS "F" until I -95 is widened & Burns can be expanded. I -95 improvement expected in Year 2011 -2015 TRANSPORTATION 6198 2 -3 EAR -Based Amendments Ordinance 4, 1998 TABLE 2B GENERALIZED PE-kK HOUR DIRECTIONAL VOLUMES FOR FLORIDA'S URBANIZED AREAS* (: ttaigpalisud Lines 2 Undiv. 4 Div. 6 Div. STATE TWO -WAY ARTF21A. S t.�:rrTaset.�rTm crow Level of Service A B C D 460 1-20 980 1.230 1.110 1.350 ;590 3,110 1.670 2. 730 3.390 4,660 E 1,710 3,700 5550 L-MRRUk -iED FLOW Group C Class la t ->0.00!o 2.49 signalized intersections per mile) Level of Service L Level of Service A" B•• C•• D E Lines, B C. D••' E••' (-'ndiv. :60 310 380 000 C 4 Div. 1,470 1.760 1.300 1.390 L Div. 2.-'30 _'560 =3-10 _340 a 3 Div. =340 3.'.30 3.450 3.480 S primary city central business district of urbanized 10 2.760 S Class lb (:.50 :o 4.:0 signalized intersections per :Wile) 10.570 12 Level of Service 5.050 7530 i Lance �'• B" C D E 2 Undiv. 460 760 340 4 Div. - - 1.020 1,640 1.800 6 Div. - 1.550 2,510 2,710 3 Div. 1,890 3.060 3320 Class 11 (more than 4.50 signalized intersections per mile and not I I , • rho urrr J.r wr aaw•w• a .Waled Via daa,al tr wl Gwlr ar Peat PI.rwwe ."Icau.ra TM ..rwa■+ •a.rr tnan �aasi 4r i+lw• w Jer..d,la.44 k .rr4 car naw• .pd lS` daiwnq avWeur•nt r1r ufr..N �+sw'wG o�waa.aw n•rl,r Vrn4d Ira A aa•al hr cn,raar,r �axa,raeiww 4e�pL �nrr• warn nRirJ �iiaPd ea•a Valor ra...a an iawhr Ji.w:.aawl „4Wne �a,eal.w w loon Migtn.a. f,..oe.. wi..,l uor. +al near �neriq n.nrsq aal vp.iataa.+ 4a,� r� avwaal a. ,nrui ,...,s. 4+>tF ir.ntic ••s.•w d.oe...w npaaa i.e 4i..rieat M .� ,ppn+onn• 0 rae.. and K. rxur t waaniw� J. ­m a 0•aa p, 4aalr ratre rarr, a K_ mu N• r"WL TM =hk 6 I•pr rely +,wmvvr a•4 iaral .r w"w@ "aria m o•r,w dl• Nst • • C.wwr ti saw.r�► r! R'T ••• v.4,,Aa n A-ewa/a•hc,.w•.wNaV•arw .,0•cnrs w• mchaL 14Ln.L01 S r.cr FL.n4, 0•wn.w•a.4 Tmmovaoaw, tv". within primary city central business district of urbanized FREEWAYS area over 500.000) Group C percent) Level of Smice Level of Service L Lanes A" B•• C•• D E A 2 Undiv. - 620 800 s 4 Div, 1.300 1,740 s 6 Div. - 3,130 2.640 1.660 3 Div. - - 1.600 3.230 it Class M (more than 450 signalized intersections per mile and within 3530 S_90 6,700 primary city central business district of urbanized 10 2.760 4,410 6,620 area over 500.000) 10.570 12 3.160 5.050 7530 9.510 C Lanes/ Level of Service 4 Div. L Divided A" B•• C•• D E A '_ - 'ndiv. - - 690 780 S 4 Div. 1.540 1.700 S o Div. 2340 3.570 i 3 Div. 2.860 3.140 tit I I , • rho urrr J.r wr aaw•w• a .Waled Via daa,al tr wl Gwlr ar Peat PI.rwwe ."Icau.ra TM ..rwa■+ •a.rr tnan �aasi 4r i+lw• w Jer..d,la.44 k .rr4 car naw• .pd lS` daiwnq avWeur•nt r1r ufr..N �+sw'wG o�waa.aw n•rl,r Vrn4d Ira A aa•al hr cn,raar,r �axa,raeiww 4e�pL �nrr• warn nRirJ �iiaPd ea•a Valor ra...a an iawhr Ji.w:.aawl „4Wne �a,eal.w w loon Migtn.a. f,..oe.. wi..,l uor. +al near �neriq n.nrsq aal vp.iataa.+ 4a,� r� avwaal a. ,nrui ,...,s. 4+>tF ir.ntic ••s.•w d.oe...w npaaa i.e 4i..rieat M .� ,ppn+onn• 0 rae.. and K. rxur t waaniw� J. ­m a 0•aa p, 4aalr ratre rarr, a K_ mu N• r"WL TM =hk 6 I•pr rely +,wmvvr a•4 iaral .r w"w@ "aria m o•r,w dl• Nst • • C.wwr ti saw.r�► r! R'T ••• v.4,,Aa n A-ewa/a•hc,.w•.wNaV•arw .,0•cnrs w• mchaL 14Ln.L01 S r.cr FL.n4, 0•wn.w•a.4 Tmmovaoaw, tv". YON-STATE ROADWAYS FREEWAYS DIVIDED/UNDIVIDED Group 1(within arbani=d uea over 500.000 and leading to or within percent) S miles of primary city :;eats! business durria) Level of Service Adjustment Factors Divided Level 0 Service A•° B• C D Lanes A B C D E 4 1.100 1.760 2.640 3.350 4,040 6 1.660 2640 3.970 5.030 6..i -t0 B x_10 3530 S_90 6,700 8.460 10 2.760 4,410 6,620 3 -380 10.570 12 3.160 5.050 7530 9.510 12.100 Group 2 (within urbanized aces and am in Group 1) 4 Div. - 500 1.170 1?00 Level of Setvic Lanes A 8 C D E 4 1.060 1.7100 Z.:_50 -_0 t•cm i 1.500 °60 ..3»0 =.S60 -). ;:;2 8 2.130 3.410 5.110 0.430 3.i70 l0 _.670 4._'60 6-300 3.100 :0.2117 12 3.050 4.870 7.310 0.'70 11.541 I I , • rho urrr J.r wr aaw•w• a .Waled Via daa,al tr wl Gwlr ar Peat PI.rwwe ."Icau.ra TM ..rwa■+ •a.rr tnan �aasi 4r i+lw• w Jer..d,la.44 k .rr4 car naw• .pd lS` daiwnq avWeur•nt r1r ufr..N �+sw'wG o�waa.aw n•rl,r Vrn4d Ira A aa•al hr cn,raar,r �axa,raeiww 4e�pL �nrr• warn nRirJ �iiaPd ea•a Valor ra...a an iawhr Ji.w:.aawl „4Wne �a,eal.w w loon Migtn.a. f,..oe.. wi..,l uor. +al near �neriq n.nrsq aal vp.iataa.+ 4a,� r� avwaal a. ,nrui ,...,s. 4+>tF ir.ntic ••s.•w d.oe...w npaaa i.e 4i..rieat M .� ,ppn+onn• 0 rae.. and K. rxur t waaniw� J. ­m a 0•aa p, 4aalr ratre rarr, a K_ mu N• r"WL TM =hk 6 I•pr rely +,wmvvr a•4 iaral .r w"w@ "aria m o•r,w dl• Nst • • C.wwr ti saw.r�► r! 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YON-STATE ROADWAYS DIVIDED/UNDIVIDED MAJOR CITY /COUNTY ROADWAYS (alter corresponding directional volume indicated percent) Lanes Median Level of Service Adjustment Factors Divided Lanes A•° B• C D E 2Undiv. - - 560 730 300 4 Div. - - 1.260 1,600 1,720 6 Div. - - 1,950 2,450 ?.600 Corresponding D i uER SIGNA"7ED ROADWAYS Lanes Two-Way Lanes (signalized intersection analysis) 2 4 +20% Level of Service 6 +20" e Lanes A" B•r C D E ?Undiv. - - 270 530 600 4 Div. - 500 1.170 1?00 I I , • rho urrr J.r wr aaw•w• a .Waled Via daa,al tr wl Gwlr ar Peat PI.rwwe ."Icau.ra TM ..rwa■+ •a.rr tnan �aasi 4r i+lw• w Jer..d,la.44 k .rr4 car naw• .pd lS` daiwnq avWeur•nt r1r ufr..N �+sw'wG o�waa.aw n•rl,r Vrn4d Ira A aa•al hr cn,raar,r �axa,raeiww 4e�pL �nrr• warn nRirJ �iiaPd ea•a Valor ra...a an iawhr Ji.w:.aawl „4Wne �a,eal.w w loon Migtn.a. f,..oe.. wi..,l uor. +al near �neriq n.nrsq aal vp.iataa.+ 4a,� r� avwaal a. ,nrui ,...,s. 4+>tF ir.ntic ••s.•w d.oe...w npaaa i.e 4i..rieat M .� ,ppn+onn• 0 rae.. and K. rxur t waaniw� J. ­m a 0•aa p, 4aalr ratre rarr, a K_ mu N• r"WL TM =hk 6 I•pr rely +,wmvvr a•4 iaral .r w"w@ "aria m o•r,w dl• Nst • • C.wwr ti saw.r�► r! 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ADJUS NHENTS DIVIDED/UNDIVIDED (alter corresponding directional volume indicated percent) Lanes Median Left Turn Bays Adjustment Factors Divided Yes +5 °o 2 Undivided No 20mo Multi Undivided Yes Sao Multi Undivided No 25 °0 ONE -WAY (alter corresponding directional volume indicated percent) One-way Corresponding Adjustment Lanes Two-Way Lanes Factor 2 4 +20% 3 6 +20" e 4 8 +20% q . •lu: I I , • rho urrr J.r wr aaw•w• a .Waled Via daa,al tr wl Gwlr ar Peat PI.rwwe ."Icau.ra TM ..rwa■+ •a.rr tnan �aasi 4r i+lw• w Jer..d,la.44 k .rr4 car naw• .pd lS` daiwnq avWeur•nt r1r ufr..N �+sw'wG o�waa.aw n•rl,r Vrn4d Ira A aa•al hr cn,raar,r �axa,raeiww 4e�pL �nrr• warn nRirJ �iiaPd ea•a Valor ra...a an iawhr Ji.w:.aawl „4Wne �a,eal.w w loon Migtn.a. f,..oe.. wi..,l uor. +al near �neriq n.nrsq aal vp.iataa.+ 4a,� r� avwaal a. ,nrui ,...,s. 4+>tF ir.ntic ••s.•w d.oe...w npaaa i.e 4i..rieat M .� ,ppn+onn• 0 rae.. and K. rxur t waaniw� J. ­m a 0•aa p, 4aalr ratre rarr, a K_ mu N• r"WL TM =hk 6 I•pr rely +,wmvvr a•4 iaral .r w"w@ "aria m o•r,w dl• Nst • • C.wwr ti saw.r�► r! 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M B1 -F 2C GENER.Al IZED TWO -WAY PEAK HOUR VOLLN ES FOR FLORIDA'S URBANIZED AREAS* Lanes A" B" 2 Undiv - 4 Div - - 6 Div. - 71 8 Div. - Level of Service C D 820 1,330 IJW 2,890 2.720 4,420 3,330 5,390 E 1.480 3,160 4,780 5,850 Level of Service STATE TWO -WAY ARTEXIALS primary city central business district of urbanized l,'N NI'MRYI:r1u1MOw- C VoLmgaaLized D E L Level of Service Level of Service Lames A B C D E 2 Undiv. 810 1 ^70 1,72•.0 2.260 3.010 4 Div. 1.950 3,.60 4560 5.470 6_510 6 Div. 2,930 4,3% 6.840 8210 9,770 3,070 rNTERRUeLr.0 FLOW 6 Div. - - Class Ice (>0.00 to 2.49 signalized intersections per mile) 4,650 11' Level of Service 4,570 Lanes A" B C D "' E '.. 2 Undiv. 1.170 1.420 1.550 1.580 4 Div. 2J90 3.100 3.320 3330 6 Div. 4.0:0 4.600 5.000 :.000 L 3 Div. 5.010 5.710 6.120 6.12_0 A A Lana A" B.. - s Class lb (2.50 to 4.50 signalized intersections per mile) s t� Lanes A" B" 2 Undiv - 4 Div - - 6 Div. - 71 8 Div. - Level of Service C D 820 1,330 IJW 2,890 2.720 4,420 3,330 5,390 E 1.480 3,160 4,780 5,850 Level of Service Class II (more than 430 signalized intersections per mile and not within primary city central business district of urbanized A C area over 500.000) D E L 1,900 Level of Service 4.700 A Lana A" B'a C.. D E S, 2 Undiv. - - 1,090 1.400 S 4 Div. - - ? 440 3,070 11,300 6 Div. - - - 3,750 4,650 11' 8 Div. - 4,570 5.690 12 Class III (more than 4.50 signalized intersections per mile and within - 13580 primary city central business district of urbanized 21.300 c area over 500,000) area sod not in Group I) L Level of Service A Lana A" B.. C•• D E s 2 Undiv. 1 =0 1,370 s 4 Div. - 1,710 3.000 4_00 6 Div. - _ - 4,130 4.530 tit 8 Div. - 5,030 5.530 10.300 FRtEwAYS ' Group 1 (within urbanized area over 500,000 and leading to or passing within 5 miles of primary city central business district) NON -STATE ROADWAYS MAJOR u L WCOUNTY ROADWAYS Level of Service Lanes A" B" C D E 2 Undiv 990 1-90 1.410 4 Div. - - Z-"O Z820 3.030 6 Div. - - 3,440 4,320 4570 OTHER SIGNAL 17ED ROADWAYS (signalized intersection analysis) Level of Service Lanes A" B.. C D E 2 Undiv - - 470 930 1.060 4 Div. - - 1.030 3,060 2.290 ADJUSTMENTS DIvtDED"DIMM (alter corresponding two-way volume indicated percent) Lanes Median Left Turn Bays Adjustment Factors 2 Divided Yes +5% 2 Undivided. No -20% Multi Undivided Yes -5-e• Multi Undivded No -?�9e ONE -WAY (alter corresponding rwo -way volume indicated percent) One-way Corresponding Adjustment Lana Two-Way Lanes Factor 2 4 -40% 3 6 4056 4 8 -40% 5 8 -25¢a 1r...atft 4 asraWd hV Soon, Cl+ Capp ieum ► 7c.a ewtq.•ar noalais m,n �h.ea.AU ui•l. s Jmvd Y•Y W M rd lie r..Qt speutc Iaa.w.aC +pp.cw•w•. The i0ft and dffl'^'C ea.p•ar MM" st"W M M .ad IV aoraaa - nss. -traps .Asa V.&M SIM- sea ra -" h .M!, .*M" hard." do facts Hiq._.7 Capsen!' %C-w UMM" ant ActW Varrir- w,ae.ar W agnakM_ J•4 T. o.•.sn " a mw S_SCq Js.h ounce w,••nq. .heS -•ho wan k JwmW 1•. aw +OP•`9 ,+ S K.. h- (Wa r. J. wa ,na a post ... Ja.lr cattle nu., s IC,• .a.rr hs yawl]. 11.0 vW's •ap•r •dw Ya.•ap•w awJ la.el •4 av►ca Y..s,s apgar.w .Ao n,eL Gan• he wkw-L a!TLrr •• • V,J•.nq w u•apYYMo hwaaY .nYns +aw up.eMw ra Mach" rM.W'% Sync i1.• %W Dapannea •4 tnnaP"so.aw tap$. Level of Service Lines A B C D E 4 1,900 3.100 4.700 5.900 7,100 6 2_300 4,400 6.700 8.500 10,700 8 3,700 5.900 8.900 11,300 14.200 , 10 4,900 7,300 11.600 14,300 18.600 12 5,600 3.900 13580 16, 00 21.300 Group 2 (within urbanized area sod not in Group I) Level of Se Moe Lanes A B C D E 4 1.000 3.000 4_00 5.700 6.000 6 2.700 3300 6.+00 8._00 10.300 3 3.600 5.700 3.000 10.900 13.700 10 4.700 7. _00 11.300 14,300 18.000 12 5,400 8.600 12.900 16,300 20.600 NON -STATE ROADWAYS MAJOR u L WCOUNTY ROADWAYS Level of Service Lanes A" B" C D E 2 Undiv 990 1-90 1.410 4 Div. - - Z-"O Z820 3.030 6 Div. - - 3,440 4,320 4570 OTHER SIGNAL 17ED ROADWAYS (signalized intersection analysis) Level of Service Lanes A" B.. C D E 2 Undiv - - 470 930 1.060 4 Div. - - 1.030 3,060 2.290 ADJUSTMENTS DIvtDED"DIMM (alter corresponding two-way volume indicated percent) Lanes Median Left Turn Bays Adjustment Factors 2 Divided Yes +5% 2 Undivided. No -20% Multi Undivided Yes -5-e• Multi Undivded No -?�9e ONE -WAY (alter corresponding rwo -way volume indicated percent) One-way Corresponding Adjustment Lana Two-Way Lanes Factor 2 4 -40% 3 6 4056 4 8 -40% 5 8 -25¢a 1r...atft 4 asraWd hV Soon, Cl+ Capp ieum ► 7c.a ewtq.•ar noalais m,n �h.ea.AU ui•l. s Jmvd Y•Y W M rd lie r..Qt speutc Iaa.w.aC +pp.cw•w•. The i0ft and dffl'^'C ea.p•ar MM" st"W M M .ad IV aoraaa - nss. -traps .Asa V.&M SIM- sea ra -" h .M!, .*M" hard." do facts Hiq._.7 Capsen!' %C-w UMM" ant ActW Varrir- w,ae.ar W agnakM_ J•4 T. o.•.sn " a mw S_SCq Js.h ounce w,••nq. .heS -•ho wan k JwmW 1•. aw +OP•`9 ,+ S K.. h- (Wa r. J. wa ,na a post ... Ja.lr cattle nu., s IC,• .a.rr hs yawl]. 11.0 vW's •ap•r •dw Ya.•ap•w awJ la.el •4 av►ca Y..s,s apgar.w .Ao n,eL Gan• he wkw-L a!TLrr •• • V,J•.nq w u•apYYMo hwaaY .nYns +aw up.eMw ra Mach" rM.W'% Sync i1.• %W Dapannea •4 tnnaP"so.aw tap$. TABLE 21): MAXIMUM VOLUMES FOR non -FIRS COUNTY THOROUGHFARE ROADS Tvne of road 2 lanes undivided LOS D Threshold AADT/ Peak Hour 14,300/1,330 LOS E Threshold AADT/ Peak Hour 15,900/1480 3 lanes two -way 15,000/1,400 16,700/1,550 2 lanes pne -way 18.700/1.73Q 20.400/2.000 3 lanes one -way 28.500/2.650 30,800/2,$70 4 lanes undivided 23.300/2, 170 25,500/2,370 4 lanes divided 31,100/2,890 34,000/3,160 5 lanes divided 31.100/2.$90 34.000/3.160 6 lanes divided 47,500/4,420 51,400/4,780 8 lanes divided 58.000/5.390 62,900/5,850 4 lanes expressway 67.000/5.900 80.800/7,100 6 lanes expressway 100,600/8,500 126,900/10,700 8 lanes expressway 134,100/11,300 169,200/14,200 10 lanes expressway 167,700/14,800 211,400/18,600 Source: Palm Beach County Comprehensive Plan Transportation Element Test One Level of Service Thresholds Tables, June 5, 1997 TRANSPORTATION 6198 2 -6 EAR -Based Amendments Ordinance 4, 1998 TABLE 2E: MAXIMUM VOLUMES FOR CITY ROADS GENERALIZED DAILY TWO -WAY SERVICE VOLUMES AND CAPACITIES /TTIM"V.' l T T1k.TTT\ k V 11, Ll% LllVll A Level of Service 2 -Lane road 4 -Lane divided arterial 6 -lane divided arterial 8 -lane divided arterial 6 -lane expwy. 8 -lane expwy. 10 lane expwy. A 9,800 22,500 34,800 45,000 71,000 94,600 118,200 B 11,500 26,300 40,600 52,600 83,600 111,100 138,800 C 13,100 30,000 46,400 60,000 95,000 126,700 158,300 D 15,800 36,500 55,800 72,000 1 114,000 152,000 190,000 E 17,400 40,000 61,900 80,000 1 126,700 168,900 211,100 GENERALIZED PEAK HOUR TWO -WAY SERVICE VOLUMES AND CAPACITIES /T T71 T1T!7l T T1LR k V 1 1 L' 1\ L11V1�T) Level of Service 2 -Lane road 4 -Lane divided arterial 6 -lane divided arterial 8 -lane divided arterial 6 -lane expwy. 8 -lane expwy. 10 lane expwy. A 880 2,025 3,130 4,050 6,390 8,785 10,640 B 1,035 2,365 3,655 4,735 7,525 10,000 12,490 C 1,180 2,700 4,175 5,400 8,550 11,405 14,245 D 1,420 3,240 5,020 6,480 10,260 13,680 17,100 r7E 1,565 t 3,600 5,570 7,200 11,403 15,200 19,000 JVILL VG. AGb'1V110.1 11___ T/�T171/� A-_'1 INA 1A0^7 VV yi- c1L G11JiVG 110.11 1\.111 %_, L -IFL11 GV1 1.7o/ City of Palm Beach Gardens Traffic Performance Standards (Ordinance 45 -1988) TRANSPORTATION 6198 2 -7 EAR -Based Amendments Ordinance 4, 1998 Table 2-10 TABLE 2Fi TTl1iT ^T "WTif T Ai TT 1 ViA.ffT1..f RADIUS OF 1 l�VJL' t. 1 L V 1LiJ V V l 1Vlt'1L111V1 V 1Vl DEVELOPMENT INFLUENCE BASED ON TOTAL NET TRIP GENERATION FOR PROJECT AT BUILD -OVT Number of Net Trips Generatedionr 0 1- 200 201 -500 501 -1,000 1,001 - 5,000 5,001 - 10,000 10,001 - 20,000 20,001 - Up Notes: Radius i1slim c Only address affected City roads and directly accesseds link on first accessed major County thoroughfare .5 Mile 1 Mile 2 Miles 3 Miles 4 Miles 5 Miles 1) Actual radius of influence may be greater than provided in this guideline 2) When a project has a Radius of Development influence greater than one -half mile. then Links beyond the one -half (5) mile RADIUS DLi YTLiLVr lVllil\ 1 11 \1'LVLil \t li, Ue'Lin.0 111 u1L. %_Vuuty WlUG 11Q111\. rG11V1111Q11VG: \.VUG, only those links where shall VIII � c auuT Cs -a,--,u wL"u NET TRIPS are greater than 1% of the LOS "D" AADTserviee volume of the link impacted, must be addressed. ; xccFL . 'Ll L� 111111GLL ��L�► :::ln :s LALJ %4 t%J ..a:. -,� ..L.__.,. aL .... ,.1...Y ..11 Q...aL, : ..a... a.. aL,. 1:�L .Y .,a L,....].]_,.,......] V� CraLllls GAL 1 V / V GAVV Y V L11L. JL.1 YICC Y V1LLl11L., CLll L%AL"A%1A 1111FGAL.LJ LV "Xl 11111 111LA L VV GLA.LA.1.1 \rJJLr Ll. 3) 1 -95 shall only be addressed if the Net Trips on I -95 are greater than five percent of the LOS "D" AADT volume. Adapted from Palm Beach County TPSO, August, 1995 Edition TRANSPORTATION 6198 2 -8 EAR -Based Amendments Ordinance 4, 1998 C) Whether the project represents a logical extension of facilities and services within a designated urban service area; and d) Whether the project will contribute to the achievement of level of service volumes set forth in Policy 2.1.1.1. Policy 2.1.1.8.: The City Council shall retain the right to adopt LOS "E" for local roads or specific, segments of local roads within transit oriented developments, whereto do so would be consistent with established planning practice in promoting a pedestrian/transit oriented environment. Policy 2.1.1.9.: City Council shall retain the right to adopt alternative Level of Service standards for specified roadway links, which, due to circumstances beyond their control, are currently or are projected to exceed the Level of Service standard in Policy 2.1.1.1., or if improvements to a roadway link or intersection will be prohibited due to physical, environmental, historical, or aesthetic constraints. Alternate levels of service shall be, to the maximum extent feasible, consistent with the State and County standards. Policy 2.1.1.10.: The City shall investigate possible mechanisms for removing "ghost trips" from City roads. "Ghost trips" arise when development proceeds at a lower intensity than that at which it was approved. The City shall include a provision in all new development orders specifying that, under certain conditions, the City may down -zone a project to reflect the actual intensity at which the project was built. The intent of this policy is to prevent "ghost trips" from decreasing the amount of roadway capacity a new project can rely on in obtaining a County traffic concurrency certificate. Objective 2.1.2: The City shall establish a network of streets that provide multiple routes for intra community trips and alternate routes for exterpal travel so that neighborhood collector streets can be maintained as two -lane streets, adequate ingress, and egress is available for police, fire and emergency evacuation, and no one neighborhood is unduly burdened by providing more than its fair share of roadway capacity. Policy 2.1.2.1.: The hierarchy of City streets and their functions shall be as follows: City Collectors - (example Burns Road) collect and distribute traffic from neighborhood to neighborhood throughout the City and provide back -up routes to the County thoroughfare system, may be greater than two lane and are always public, unless designated a private road pursuant to a PUD or PCD approval prior to the construction of the road. The goal is to have a network sufficient to maintain these roads at no more than four lanes. Neighborhood Collectors - (example Holly Drive) collect and distribute traffic within a Planned Unit Development or from limited access subdivisions, will be maintained as low speed, two lane public roads (unless designated a private road pursuant to p PUD or PCD approval prior to the construction of the road) suitable for fronting residential development, institutional, or neighborhood commercial development Local Roads - (example Buttercup) all other City roads, may be public or private. TRANSPORTATION 6198 2 -9 EAR -Based Amendments Ordinance 4, 1998 Policy 2.1.2.2f.: Minimum right -of -way requirements for new roadways shall be: a) Arterial roadways - right -of -way based on County and State standard; b) City Collector roadways - 120' 100' right -of -way; C) Neighborhood Collector roadways - 80' right -of -way de) Local roads - 60' right -of -way (swale drainage); and 50' right -of -way (curb and gutter). zd) Parkways - 300 -400' right -of -way. Policy 2.1.2.3.: The City shall implement the Conceptual Thoroughfare Plan (Map Q) to ensure that there is an adequate network of public streets (City Collectors, Neighborhood Collectors and Local Roads) to efficiently move traffic within the City and serve as a backup system to the County thorouQhfave roads . Actual alignments for these public roadways will be established a$ part pf the development review process. Policy 2.1.2.4.: The City shall modify its land development regulations to incorporate the minimum standards for Neighborhood Collector roadways to ensure that neighborhood collectors can remain two -lane roadways through build -out of the County. Actual alignments for these roadways will be established as part of the development review process. Policy 2.1.23.5.: Ob��ct� c 2. x .2.: By 1991, ; Rights -of -way needs shall continue to be formally identified at the time of development approval and a priority schedule for acquisition or reservation shall be established . PolicPolio 2.1.2. r__ _- _______ Lam- _F ..... -- As a condition of plat approval the City y �2.: 1 V1 acyu11u1b 11cccJJaiy 11�111J -v1 -way, , shall require mandatory dedications of rights-of-way, easements, or fees in licu of when the required ROW is not under the same ownership as the property being platted, as a Ccnidltk'n vi yiai appivvai. Policy 2.1.2.73.: The City shall require that adequate roadway capacity, at the adopted level of service standards, is or will be available when needed in order to serve new development. Policy 2.1.2.8.: By 2000, the City shall complete a study to assess the need for impact fees to fund local (city) roadway capital improvements. Policy 2.1.2.9: The City shall continue to enrQurage the Countv. State and surrounding local . iurisdictions to elan for a new Intracoastal WateMav (ICWW) crossing between PQA Boulevard and Donald Ross Road. 11LS -.. a._... 1 1 ? D_. 11(Inc .. y 1 1 . a "d"XIM&A V VJ JLGCa11V. .. ♦♦(il{.l VV".Y `1%..♦♦ ♦1F \.l%Y0a&"r �.L ..�.. L. a._.,.,._ lnf � A D....7.._. -. �.1 -__.l T.._.,1.7 D.-- -. D- --7 _L.;11 L_ GVIm ..v liVl c V�rl V-V'zC l a VA "Gul\.; Al u Allll "Grzal4 1 \V00 A \VNY 0""Al R/{. 14\rll �lll{.Y• D.. R.._. 1 1 ? 1 n -. 1 (Vl1 A-- f" :a_. - .L-.11 -- ..11 -. _ ....a .. ,.1 ..,.... -A -.L7 -. ..1 :..........: ..yam .,4 +1 1 Vil\.y f..1.J.1.• 1..ly 1111, lllV %illy J11K11 LV1111"11; 1%.%iu%JL GL JV11VJ Vl 1V1111LL lGLVlV %llJliuJJ1V11J, rr1U1 TRANSPORTATION 6198 2 -10 EAR -Based Amendments Ordinance 4, 1998 .w:._:,._._a._ YcaLI V par.'s 11Vlll L111, YV1L11,' -LI1u 111x, VVUII J Vl Lll\. %.ILy, lilt �VLU1L u1L. VLLLLI., Lu1L1 JL.UI%J LII%AI11r, 1Vba1 L,- .,.,..L74 L.. .. .. Tn117117 ._ Ju11JU1\.IwLLJ VV11V VVYVUlU Vl.l11.111 V.' a 1IL.YV 1%, yr VV L.1VJJllls. n._I1,_-. 1 1 '2 1 - P_, 1 nn1 aL �, n:a_, -L-11 ,. 1 Vll.' J11a11 a.V- JYV11JV1, VVLLII VLII\l x111. L+L\.0 JLU lJU11.UV11J, a Jluuy LV UVlL.11111111.. 111\. 111.VU 1V1 Vlll. Vl 111V 11.. V1 L11V 1VL1VvVlllg. Ala._._..... «:.... Tn111111 ._ 1...... a:._._.. u� �lucluullvC l� rr rr l.iVOOii1� aVl.uuvuJ. 4C' 11x _.�11 Cd V� VVVlulllauVll WLll/ LL1V t. VGIJI VULU 1111..�LU lllllb llV U1J 1V1 Vl1u�L. VY1.11111g J. ._:_.....1._a:._, ,_r.. 1:..,_a -r �.� 1111. 1.11L.Li1 VlL Ltu1111. Vll �. ula1lV 11 V1 a 11x1.%1 shall L_: ,.1._._ ..♦ Tl�.,...1a n_,__ .__a aL._ Tn \17117 .-A n, VL1ub\. al LJVllallA 1 \VJJ 1 \Vau allu Lll\. 1V V. VV , ualu ul VL311.1 %,iV.iiiiLb lVa+auvil�. Objective 2.13.4.: In accordance with section 163.3202, F.S., the City shall maintain :is i-,E�,Mvv IL y ' and - ' r, land development regulations for the provision of U 1771 I GV WG �l'IIGI G IIGCG „Ql motorized and non - motorized transportation. Policy 2.13.4.1.: The City shall eenerall_y prohibit on- street parking on all arterial, City and Neighbgrhood collector roads. On- street parking may be allowed, with specific City Council approval and as necessary the approval of the agency having jurisdiction over said roadway, when the design of the roadway in relation to adjacent uses maintains safety performance standards and efficient traffic flow. Policy 2.1.34.2.: By 1992, tThe City shall continue its efforts ���:tiaLC a ���1�f,: I���ls'�� 3LUUy to establish city-wide continuity of bikeways, particularly between major sources of and destinations for vehicle trips gcficiators a,-,u atuacw,, in the City. Policy 2.1.34.3.: The City shall review all proposed development for its accommodation of bicycle -` - -- - L'- -- L- .L -- r -�' - -- cT' -1' --- In I e n and pedestrian traffic needs and UCLClllllllC cV1JLIV11aLlcC Wiui LIIC LLLIUlll�', VL 1 Vllcy L.1. -r.G. 63 Objective 2.1.45.: The iii allVl aiaila 1 It;c�.,��; 1VJ•JGVb, 1'.U., %ue City shall b9f7, auu icvisc w uvi- L; maintain land development regulations which set -to- -include requirements for safety and aesthetics in the transportation system. Policy 2.14.5.1.: The By i99}, - the -City shall continue to enforce its adopted design standards �- - - - -- - `-- `r- - -'Lt- -L' -`- - -- - �- -� - --1 which, tV tllc llla- 1111Ulll c�1LCnt 1GQJ1 VIG, cIIIIIIIIaLc Vl minimize e-roadway Ucsign, wlllCll lcau to hazardous conditions -by: a) Requiring the provision of adequate storage and weaving areas; b) Providing turn lanes with adequate storage; C) Limiting direct access from residential driveways and local roads onto high -speed traffic lanes; TRANSPORTATION 6198 2 -11 EAR -Based Amendments Ordinance 4, 1998 d) Reducing conflicts between roadway and pedestrian or rail traffic; e) Providing adequate capacity for emergency evacuation; f) Providing standard signing and marking for roadways, bikeways, sidewalks, and intersections; g) Controlling access between dissimilar land uses; and h) Regulating the length of cul- de- sacg-;and Road drainage. Objective 2.15.6.: To continue coordinating Trans oration Ti of ,� c:. Lu.a.:v, J g p planning �.,,. be coo. din with the future land uses shown on the Future Land Use Map of this plan, the FDOT Five Year Transportation Plan, plans of neighboring jurisdictions, and Palm Beach County transportation and future land use plans. Policy 2.1.56.1.: The City shall review subsequent versions of the FDOT Five Year Transportation Plan and Palm Beach County Five -Year Road Improvement Program in order to update or modify this element, if necessary. Policy 2.1.56.2.: The City shall review for compatibility with this element, the transportation traffrc - ' - _ plans and programs of the unincorporated County and neighboring municipalities as they u,a�,v„ are amended in the future. Policy 2.1.5.3.: The City shall coordinate with State and County traffic agencies to change the classification of Holly Drive on plans and models to that of a neighborhood collector. Objective 2.1.6.: To continue to plan for parkways, pedestrian and bicycle facilities. Policy 2.1.6.1.: Olvjcctiv�, 2.1.7.: The City shall require that specific corridors be constructed as parkway facilities. Policy 2.1.6.27.1.: The parkways are shown on Maps A and I and include the following facilities �i,a,i vc „lai1JLLaiu%,u a� Va,nwaya. 1) PGA Boulevard from Beeline Highway to Central Boulevard. 2) Central Boulevard from PGA Boulevard to Donald Ross Road. 3) Donald Ross Road from Prosperity Farms Road westward to the Palm Beach Gardens city limits. 4) Beeline Highway from PGA Boulevard to the Caloosa subdivision. 5) Hood Road from Prosperity Farms Road Cciiiiai '"ouicva►u to a future North -South Artery west of Florida's Turnpike. 6) Future North -South Artery west of Florida's Turnpike. 7) Future East -West Artery north of PGA Boulevard and south of Hood Road. Policy 2.1.6.37.2.: The parkways shall include pedestrian ways within the additional rights -of -way. TRANSPORTATION 6198 2 -12 EAR -Based Amendments Ordinance 4, 1998 Policy 2.1.6.4.7.3.: The designated rights -of -way for parkways shall be 300 -400 feet. The "right -of- way" may be averaged, with City Council approval, to include in the calculation restored wetland and upland habitat set aside on the site in order to maintain a native greenway and promote "linkaees" of the natural environment, including wildlife corridors. Hood Road between Prosperity Farms Road and Central Boulevard $hall receive `parkway treatments' within a 55' corridor. Objective 2.1.78.: The City shall encourage the use of public transit, bicycle, and pedestrian paths alto. uai;vu mou'va t. at,,spu: lai or, vvithin City its boundaries and in conjunction with surrounding municipalities through use of the Parkway System and support of Palm Tran and Tri -Rail. Policy 2.1.78.1.: The City shall continue to require t'1-uvug'- t �� of f„v�a� f,.v�", u�at new developments to construct bicycle and pedestrian ways within and on roadways adjacent to those developments and to identify future on -site centralized transit pick -up /drop -off points. n- '' - - -'1 1 1 _ T__ lfll%f .L_ /'-t - -� - -�� '--- - - - - -- .L_ a_._1 1 - - -`�- - r,�- ' - ---�- - --J - -j -- -- - - - - - -- A vu�y �.. i.o.�... ,may i »�, t c icy �iiau I "Cicaac uic wLai ici►gu► vl vicY%,1%, aiiu ljcuwuicut way J, ZA wiuuu uic City, vy .)v Yeicci-ii v C-1 �ni�iii►�. Policy 2.1.7_2.83x: The City shall continue to provide PalmCvTran, the local transit authority, with employment and development activity on projects within the City in order to identify potential sources of and destinations for people using transit a Uru:,tca aUnu rg%cncrators and assist them in the extension of transit service in the City as ridership need is identified. Policy 2.1.7.3.: The City shall coordinate efforts with Palm -Trap to increase public awareness of the expanded Palm -Tran service through the following efforts: 1. Work with identified area attractors (examples: Gardens Mall, Government Center, libraries) to produce public information displays on how to access the attractors by Palm -Tran. 2. Provide displays in all City offices and parks indicating the location and stop number of the closest Palm -Tran stop. 3. Include information on the location and number of the closest Palm -Tran stop in advertisement of all City sponsored public events. Policy 2.1.7.8.4.: The By , »5, tl�c City shall continue to participate with the MPO in a study of the feasibility of a semi - local, independent shuttle or transit system within the north county area£ity. Policy 2.1.7.8.5.: The City shall continue to make 11ui1atc a ,Lucy iii accv�uai�cc W �u� PviLcy 2. I . ;.2. tv u�,tciiiuii�, iiictivus aiiu cysts Vr Yi-vviuiiig continuity between pedestrian paths in the older portions of the City a priority in the Capital Improvement Element. Policy 2.1.7.8:6.: The City shall continue to require uuvuii uic ucvcivYiuviii aYYivvai uiai parkway system improvements s and i cucsuia►i�ii�aiuic iiaiiway�, as defined in the Future Land TRANSPORTATION 6198 2 -13 EAR -Based Amendments Ordinance 4, 1998 Use Element of this Comprehensive Plan, to be introduced into newly developed areas to incomorate -hav - pedestrian ways ►iri,vipviaicu 111LU iii%,iii. Policy 2.1.1$.7.: The City shall continue tp require, uu Our` ii is ui V VAVIAMAIL aYYivvai yivic��, Wai elements of the parkway system to connect to existing road facilities aad YivYvScu i cuciti iauy ,4 T I y a so that a continuous pedestrian system occurs. Policy 2.1.7.8.: The City shall coordinate with the Town of Jupiter in an effort to identify annronriate bike trail linkages between the PBCC campus in Palm Beach Gardens and the proposed Florida Atlantic University campus in the Abacoa development in the Town of Jupiter. Policy 2.1.7.9.: The City shall support efforts to extend the Tri- County Commuter Rail on the FEC' railroad track. TRANSPORTATION 6198 2 -14 EAR -Based Amendments Ordinance 4, 1998 HOUSING ELEMENT Goals. Obiectives and Policies GOAL 3.1.: THE PROVISION OF AN ADEQUATE MIX OF SAFE AND SANITARY HOUSING WHICH MEETS THE NEEDS OF EXISTING AND FUTURE PALM BEACH GARDENS' RESIDENTS. Objective 3.1.1.: The City shall assist the private sector to provide housing of the various types, sizes, and costs to meet the housing needs of all existing and anticipated populations of the City. Toward this objective, the City shall maintain necessary, land development regulations, consistent with Section 163.3202 (1), F.S., to facilitate public and private sector cooperation in the housing delivery system. Policy 3.1.1.1.: The City shall continue to provide information, technical assistance, and incentives to the private sector to maintain a housing production capacity sufficient to meet the required projected demand. Policy 3.1.1.2.: When necessary, the City shall develop public- private sector partnerships to improve the efficiency and expand the capacity of the housing delivery system. Policy 3.1.1.3.: The City shall rcv:cw ensure nrppp$ed ordinances, codes, regulations, and chances 1p the permitting process do not create v-r al-ic pui—posc of excessive requirements, and the City shall continue to amending or adding other requirements in order to maintain or increase private sector participation in meeting the housing needs, while continuing to insure the health, safety, and welfare of the residents. Policy 3.1.1.4.: The City shall maintain development regulations which include site selection criteria for the location of housing which shall consider accessibility, convenience, and infrastructure availability. Objective 3.1.2.: Continue to identify and assess any substandard units located within the City limits. Policy 3.1.2.1.: The City shall continue code enforcement activities through inspections of the housing stock, and institute special concentrated code enforcement activities where warranted. Policy 3.1.2.2.: The City shall assist neighborhood improvement projects by providing code enforcement assistance, encouraging neighborhood self -help, removing blighting influences, and concentrating capital and /or operating budget improvements in such neighborhoods. HOUSING 6/98 3 -1 EAR -BASED AMENDMENT Ordinance 4, 1998 Objective 3.1.3.: By continuing to designatging adequate sites with appropriate land use and density on the Future Land Use Map, the City shall ensure that adequate supply of land exists in the City for the private sector to provide for the housing needs of the very low, low and moderate income families and the elderly. Policy 3.1.3.1.: The City shall ucs;��,a« a.�u zoac maintain an appropriate amount of land designated for high density residential use to provide for 12 to 15 units per acre to facilitate the construction of housing for low and moderate income families. Policy 3.1.3.2.: Designation of high density residential areas intended for the. construction of affordable housing in the City shall take into consideration the proximity of such areas to major employment centers. Policy 3.1.3.3.: `.'it hi,-, oric ycar o«� the audopti ,i-i of ►c Cc«,f, ►c cr61vC i lan, the City shall develop s fcc-I c maintain and continue to evaluate additipnai incentives to encourage the production of housing for persons with special housing needs including the elderly, the handicapped, and those in need of affordable housing. Policy 3.1.3.4.: The City shall revise maintain development regulations in accordance with Section 163.3202 (1), F.S., to include site selection criteria for the location of housing for the elderly, which shall consider accessibility, convenience and infrastructure availability. Policy 3.1.3.5: The City shall continue to provide a voluntary density bonus program for Planned Communitv Districts (PCDs), Planned Unit Developments (PUD)s and other large developments that set aside a certain percentage of units for very low, and low income families. Alternatively, residential development participating in the program may build affordable housing off -site. Off -site development shall be at the direction of the City Council. The voluntary density bonus program would also allows for the voluntary payment by residential, commercial and industrial development in exchange for greater density or intensity in specific projects. The criteria for and amount of the voluntary payment shall be established by the City Council. However, in no event shall this amount be less than the cost of producing these units. This payment in lieu of housing production shall be made into the County Housing Trust Fund. For off -site development, it shall be at the direction of the City, so long as the location is convenient and proximate to the need. Development that is eligible for the voluntary density bonus must: o demonstrate its ability to meet all concurrency requirements at the level of impact HOUSING 6/98 3 -2 EAR -BASED AMENDMENT Ordinance 4, 1998 calculated at the "bonus" density or intensity; and o demonstrate proximity to public transportation and employment opportunities; and o legally ensure that the units remain affordable, in perpetuity, to households which, by definition, meet the income guidelines for very low, and low income. o be found consistent by the City Manager or his designee, for consistency with this policy. The City Council shall be responsible for recommending the maximum density/intensity allowed under this program. Policy 3.1.3.6: `.'it.:�. «mc.ra�,�c f,:vo-V:.;cu by t' �apLcr 1" .32�2/1;, 11r. 5., tThe Land Development Regulations shall continue fie - amended to allow manufactured and modular structures and buildings in all residential zoning districts. Policy 3.1.3.7: With recommendation of the City Council, the County's Commission on Affordable Housing '4Ious;iiig Trust unu, or its successor, may be utilized for the payment of impact fees for newly constructed housing units for very low- and low- income families, and for the amortization of impact fee payments for newly constructed housing units for moderate - income families. T 'LLC gust Fuiiiud s .afli mak-C; f, ,Payments shall be made directly to the appropriate Impact Fee Trust Funds when financing such impact fee payments. Policy 3.1.3.8: �::t �� ► -i u.c «��,� a���c frcv�u%cu �y C �QY%�i i�3,32�2, .5., tThe City shall amend maintain its Land Development Regulations to permit the placement of individual mobile car manufactured homes and conventionally built residences within single - family and multiple - family residential districts provided that the homes: (1) comply with all City building, construction, design and housing codes, hurricane velocity regulations and U.S. Department of Housing and Urban Development body and frame construction requirements as applied to Hurricane Resistive Design Standards; and (2) be subject to any Council or staff reviews as provided in the City of Palm Beach Gardens Code of Ordinances. The structural capabilities of homes located within the City shall be verified by a Florida Registered Professional Engineer. The engineer shall certify that said home has the structural capacity to withstand hurricane force winds as prescribed for the geographical area as designated in the Standard Building Code. HOUSING 6/98 3 -3 EAR -BASED AMENDMENT Ordinance 4, 1998 Objective 3.1.4.: The City shall provide for adequate sites for group homes and mobile homes to ensure that the needs of persons requiring such housing are met. Policy 3.1.4.1.: By -1992, t -The City shall establish maintain non- discriminatory standards and criteria in the Land Development Regulations addressing the location of group homes and foster care facilities consistent with Chapter 419. Florida Statutes. Policy 3.1.4.2.: The City shall a-nd airi.iid, as maintain the zoning code so that different classes of group homes are permitted in residential neighborhoods of different types, and that no residential neighborhood is closed to such facilities. Policy 3.1.4.3.: The City shall provide for other community -based residential care facilities needed to serve group homes and the clients of other programs, located at convenient, adequate, and non - isolated sites within the residential or publichnstitutional areas of the City. Adult Congregate Living Facilities (ACLFs) shall be permitted to have up to 15.0 units per acre in the Residential High future land use designation in conjunction with a Planned Unit Development or a Planned Community Development except in Coastal High Hazard Areas that are the Category 1 Hurricane Evacuation Zones. Policy 3.1.4.4.: The City shall allow mobile home development as an acceptable use in the "Mixed Use" areas as shown on the Future Land Use Map of the City's Comprehensive Plan. Policy 3.1.4.5.: By January, 1999, the City shall undertake an evaluation of nursing homes, assisted living facilities, and other group homes, and amend the Land Develpment Regulations to add criteria which facilitates the development of such uses in the City. Objective 3.1.5.: Through continued monitoring and enforcement of building and housing codes, the City shall strive to conserve and extend the useful life of the existing housing stock and stabilization of older neighborhoods. Policy 3.1.5.1.: The City shall continue to enforce the City's housing and health codes and standards relating to the care and maintenance of residential structures and facilities so as to conserve the existing housing stock and improve the quality of housing and neighborhood environment. Policy 3.1.5.2.: The City shall continue to schedule and concentrate on public infrastructures and supporting facilities and services to upgrade the quality of existing neighborhoods. Policy 3.1.5.3.: The City shall continue to encourage property owners to increase private reinvestment in housing by providing information, technical assistance programs, and incentives. HOUSING 6/98 34 EAR -BASED AMENDMENT Ordinance 4, 1998 Policv 3.1.5.4.: Priorities for structural and aesthetic improvements to existing housine shall be determined through communitv involvement in conjunction with the Nei_ehborhood Initiative Task Force, HOUSING 6/98 3 -5 EAR -BASED AMENDMENT Ordinance 4, 1998 Obiective 3.1.6.: The Citv shall continue to investigate housing implementation programs and other means to ensure affordable housing is provided to residents of all income ranues. Policv 3.1.6.1: The Citv shall continue to encourage the private sector to provide housing in a range of prices. including those affordable to the very low and low income groups. through further streamlining of the review process. promoting the density bonus program. and providing flexible land development code provisions. Policv 3.1.6.2.: By 2003. the City shall update housing needs projections in the support document based on the 2000 Census. and shall investigate alternative means of ensuring housing affprdable to low and very low income _group_ s such as entering into an interlocal agreement with a. neighboring iurisdiction. Policv 3.1.6.3.: The Citv shall increase its support and reliance on the Commission on Affordable Housing as the entitv for promoting affordable housing and recommending incentives for the development of new affordable units. Policv 3.1.6.4.: The Citv shall continue to be party of Interlocal Cooperation Agreements with Palm Beach Countv for the pumoses of implementing Communitv Development Block Grant. Home Investment Partnerships Program. and other entitlement funds or program income activities as outlined in the Consolidated Plan. Policv 3.1.6.5: By 1999. the Citv shall initiate a review of the Land Development Regulations to determine whether there are further opportunities to streamline the review and permitting vrocess for affordable housing. HOUSING 6/98 3 -6 EAR -BASED AMENDMENT Ordinance 4, 1998 INFRASTRUCTURE ELEMENT Goals. Obiectives and Policies SANITARY SEWER GOAL 4.A.1.: PROVIDE ADEQUATE CENTRAL SANITARY SEWAGE FACILITIES FOR RESIDENTS AND COMMERCIAL DEVELOPMENT IN THE CITY. Objective 4.A.1.1.: The City will require all submittals for development to obtain a statement of available capacity from Seacoast prior to site -plan approval. The issuance of a building permit will require an executed developer agreement with Seacoast and a certificate of occupancy will not be issued prior to acceptance by Seacoast of the sanitary sewer facilities, which service the building. Policy 4.A.1.1.1.: The City will supply the Seacoast Utility Authority with dse data from this Comprehensive Plan and site specific development approvals to use to forecast capacity requirements aiiu wiii aiivuiii i is iv ui; o%,a%va�i viiiiiy r-1UU1viiiy. Policy 4.A.1.1.2.: The City will document any moratoriums caused by insufficient or inadequate treatment /disposal capacity. Policy 4.A.1.1.3.: The City shall adopt an average annual daily sanitary sewage flow level of service standard of 107 30 gallons per City resident per day, until such time as it is revised by the Seacoast Utility Authority. This shall serve as the level of service standard for the urban area. The rural area shad utilize septic tanks, unless alternative service provision is a_u_vroved by the City Council consistent with Policy 9.1.4.2.(a) -(d). Policy 4.A.1.1.4.: The City shall adopt a peak month, average day sanitary sewage flow level of service standard of 11$ % gallons per City resident per day, until such time as it is revised by the Seacoast Utility Authority. Policy 4.A.1.1.5.: The City shall adopt a minimum sanitary sewage treatment plant capacity level of service standard of 11$ % gallons per City resident per day, until such time as it is revised by the Seacoast Utility Authority. Policv 4.A.1.1.6: The City shall coordinate with Seacoast Utility Authority to adiust sanitary sewer service provision plans and to establish _policies preventin_c urban sp_ rawl. consistent with the Urban Growth Boundary concept, INFRASTRUCTURE 6/98 4-1 EAR -BASED AMENDMENT Ordinance 4, 1998 Objective 4.A.1.2.: By 1995 t -The City. in conjunction with the Seacoast Utilitv Authoritv and Palm Beach County Public Health Denartment. will continue to monitor have- identified residences and other facilities identified as using septic tanks within the City. 11_1!__. A ♦ 1 1 1 _ TL_ !'C�. I� ._ __.IaL .L_ [1______. TT.]1:.__ A_.,L _.- ___L7_ 1 V111.J' 7. h.1.4.1•• 111E 1..1L.', 111 GV11JUl1GL1V11 WIL11 L11G J_aGV4aL %JL111L�• !'1UL11VllLy, GJL0.Ullall W111{.11 alGaJ a1G 1LVl aGVYG1Gu aLu W111G11 1aG111L1Ga a1,- 11VL GV1ulGGLGU IV GAlaLlllr Policy 4.A.1.2.1-.2.: The City shall direct all inquiries for new septic tank installation to the DEPULVI DES E (Palm Beach Health Department iJin t). All malfunctions of existing septic tanks l.! Lil�lvl _ will be reported to the Health Department i3rtit for information and enforcement of corrective ac- tion. Policy 4.A.1.2.2.3.: The City, i-ii �vrl�url�Li��l wig t-- n �,_a�.va3L �«:;Ly r,uulvriLy by 1999 will develop policies for an assessment program and make it available as an option for financing the provision of--a sewer service plar1 w frO idC. ��� �icc to areas not in compliance with state statutes. Policy 4.A.1.2.3,4-.: The use of innovative technology, such as septic tank effluent pump (STEP) systems will be considered on their technical and functional merit. Policv 4.A.1.2,4,4,; ^L___.__._ -1 . , ♦ The City will continue that _ VUJGGUYG Y.11.1.J.. t _ y prohibit new development using septic tanks on lots that do not comply with the size set forth in state statutes. A ♦ 1 '1 1 _ !1_J:_____ _L.____ �L_ _L:__a__._ _L_11 L_ _ __1 __a_� __J a vua,,y '7.C1.1.J.1.. vluulallGGJ LV aG111GvG um, VUJGGuvG a11a11 UG FLvmulyaLGu and auvFLGU. SOLID WASTE GOAL 4.B.1.: PROVIDE ACCESS TO SOLID WASTE MANAGEMENT AND DISPOSAL FACILITIES FOR THE CITY OF PALM BEACH GARDENS THROUGH THE PLANNING PERIOD OF THE YEAR 2015 Objective 4.B.1.1.: By 1991, the The City will have continue to acquire and compiled the solid waste background data to quantify solid waste generation rates and types by land use and population. Data will be made available to the Solid Waste Authority S T: Ai JUC. Policy 4.B.1.1.1.: The minimum level of service for the City, as recommended by the SWA is as follows: INFRASTRUCTURE 6/98 4 -2 EAR -BASED AMENDMENT Ordinance 4, 1998 Provide biweekly residential collection of garbage. in the urban area. 2. Provide bulky trash collection once every two weeks. in the urban area. 3. Provide weekly collection of commercial business waste. 4. Require subscription for collection service to residences and especially commercial businesses. 5. Provide regulations to enforce the utilization of tarps to cover trash loads. Objective 4.B.1.2.: The City shall coon_ erate and assist the Solid Waste Authority in the implementation of its Master Plan and waste reduction goals, Ly 1»2, «� C,fy V:;...a.G _7 ____l_ -_� __1!� __.- _a_-- -_�_,a -1 - -_ • _ -_al -- ___!1L aL_ 01771 - -- aL_ a______- _t 1L UG1G1VjJGU JV11U N'QJLG 111a11ar,G111G11L �Jla1W 111 %-Ullj Ul1L.L1V11 VYlLll L11G L I T V t1 allU L11G LG1111J Vl LIM 7P1 --•�- 0 -1!_7 177-_x_ - -.I 17_1 71_�__.al -- 1 — -R 1f100 TL_ -1 -_- _21I 1' 1Vl lUa JVIlU TV a3LG 171al1arG111G11L al1U V V1L1111G 1%1CUU%.L1V11 M%.L Vl 170V. 1116 plal1a VV W 111L.lUUG __l_ C -_ -_ ! -�� 1!� _ -_a_ _ -1__W_ - _�al -- _H`_ -a_ L__ 1GYG1J Vl JGl V1L.G al1U 3V11U VVaJLG VV1U111G 1GUUL.L1V11 G11VlW UJ' L11G <.1LJ'. A 71 1 7 1 _ TL_ /"V._. _L_11 .717 .L_ J­ C--- 11L:__.7 A n L 1 _ -.J '1 _. _�__t___ _C .L 1 Vl1L.J' 'T.L.1.6. 1.. 111%. %-,ILy Juan uL111G%. L11G uaLa 11V111 <JVJ%.%.Llv%. `1.".1.1. a11u Y11VL JLUUlw v1 ulr. 01111 — -- a_L17_L .L_ - -� - - -`- -C ----"' -- ---- - -`--- -C - -17, ---- -`- J ♦ ♦!1 LV %:JLav11J11 ul%. 1%.aJ1V111L.y allu %.VJW Vl JVUL%.%. JGF1alaL1V11 Vl JVllu WaJL%. Policy 4.B.1.2.12.: The Solid Waste Authority shall implement recycling and reduction programs necessary to meet at least the 30% level, as directed by State law buy Jaiiiuua y 1, 1 and the Authority shall continue to expand its recycling and reduction programs to maximize reduction. Policy 4.B.1.2.23.: The City shall continue to coordinate and cooperate with the Palm Beach County Solid Waste Authority in up- dating and implementing the county-wide Solid Waste Master Plan. To this end, the City puts special emphasis on the development of a recycling program to include public education and voluntary separation by residents of recyclables and disposables. A formal contract for curb -side collection by the Solid Waste Authority for recyclables has already been entered into. GOAL 4.B.2.: DEVELOP AND IMPLEMENT A HAZARDOUS MATERIAL MANAGE- MENT PLAN FOR THE CITY. Objective 4.B.2.1.. By 1999 4M the City, --1aL 0177. �L_ %'/-- , y, 111 L.V11J L111L.L1V11 V'1'All 'J ♦V L'1, L11G 11 GaJlliG I.VaJL 71_ -! -_ -1 7)1 -��!�- !�- __ -_!1 - -_J aL_ r -l� 71 _.__L /"�___�i_ 77_ -1�L YT_: will have l%Gr lVllal 1 lallll111b' 1..VUl1L.l1, allU Ll1G 1 allll LGaL.II I.VLLLILJ' 11GalLl1 V111L, incoruorated the countvwide Emergencv Manavement Plan aT. e.--ei e—. cy i-espiase iau into the Palm Beach Gardens hurricane and disaster Dian ;;l acc1-Ua TELL l.G riiu LIRE; OuFKi lulu ♦�__�_7___�a_ - --I 71_— __LL-- ! - -1!_— 1 _L /01711\ _P 1/1OL T_•al_ 777 AA /"Tll 71 - -a ^1/7A C1111G11U1LGllW allu 1\GaUL11Vl 1LQL1Vll M%.L Vl 17OV9 11L1G 111, 'VV %-A : 1M 1 al L J / V. INFRASTRUCTURE 6/98 4-3 EAR -BASED AMENDMENT Ordinance 4, 1998 Policy 4.B.2.1.1.: The City shall continue to participate in the Northern Area Mutual Aid Consortium (NAMAC) and offer hazardous- materials resp_ onse and mutual aid to the surroundin(* COmmllmtleS. 1ua %i with vi ula, 011T A ua, iiia�uic wa�i X%,r JLVnai i mjdilllls aL_ T_7�_ Tl -..L !�____ TT.__ltl TT__� _> L_ __1,a.,1 � --L -__ I.,V LLllbll, LLIL, i 41111 JJGal,ll t.VLL11Ly 11L,Q1LAl %fall, allLL Ul<. regulated lincl11VGla Vl L11%, Uuaul%,aa ivlillilulliiy LV U%.V%,LUP a wU11Ly -w1u%: llazaluvua 111aLL,llala lllauar,,111%,11L pa11. Policy 4.B.2.1.2.: The City shall continue tQ utilize data updates from SWA and the DFJPR, along with building permits and occupational license data collected by the City to identify the location of hazardous materials or hazardous wastes. Objective 4.B.2.2.: By 2999 4995, the City shall have codified the hazardous materials management plan for the City in accordance with Objective 4.B.2.1. above. Policy 4.B.2.2.1.: The plan shall include elements for protection of wellfields and watersheds. Policy 4.B.2.2.2.: The plan shall include provisions for spill prevention control and countermeasures (SPCC) plans at regulated business. Policy 4.B.2.2.3.: The plan shall include provisions for the periedie annual inspection by fire lnsoectors wu'- %iuvi�,�lu%ili vili%�i�, iu� licLiU%.IA-y V1 wlii%ai la LV u%, a uululuuul 01 OuCC CvCLy three- flionths. STORMWATER MANAGEMENT GOAL 4.C.1: PROVIDE ADEQUATE CITY -WIDE DRAINAGE AND STORMWATER MANAGEMENT FOR ALL PROPERTY IN THE City. Objective 4.C.1.1: By 2000 4993 the City, in conjunction with SFWMD, NPBC,",, %'_D -and 1 01111 L'Uac i Cciilaty, will have completed the City of Palm Beach Gardens Surface Water Management Plan. Policy 4.C.1.1.1: The City, through its consultants and staff, will establish the drainage facility improvements needed within the City and the priority thereof. Policy 4.C.1.1.2: The City will continue to pursue actions and recommendations that would result im 'Mat improvements to SFWMD structure S-44 and Canal C -17 to more adea_uatel_y meet flood control level of service buc miauv- as JVlll1 aas Yvassiviir. Policy 4.C.1.1.3: The level of service standard (LOS) for new development will be to have the finished floor above the flooding from a 100 -year. 3 -day storm with zero discharge. or as INFRASTRUCTURE 6/98 4-4 EAR -BASED AMENDMENT Ordinance 4, 1998 permitted by SFWMD. including conveyance and retention/detention designed for a 3 day /25 -year storm for developments greater than or equal to ten (10) acres or for a 1 day /25 -year storm for developments less than ten (10) acres in size. Additionally, the LOS for new development shall require that off -site discharges are limited to historic (predevelopment) discharges and retention/detention requirements shall be the first 1 " of run -off or 2.5 inches x the percent of impervious area for the proiect. whichever is ereater. if wet storage is utilized and 75-% of wet detention. if dry storage is utilized u.crS� 1;2" ii u�, ;��iQ�� ;; u�i;u�1. All of the above shall be in accordance with SFWMD Rules and Regulations, Basis of Review for Environmental Resource Permit (ERP) Applications .'clu.;.c 1:', lara�L�,�e�,L a „u OLVLar,c of 13ui ac.,- ::a«�,, The LOS for redevelopment shall conform with the requirements for new development. The minimum LOS for existing development shall be a surface water management system that protects existing finished floor elevations from flooding during a 1- day /100 -year storm.” Policy 4.C.1.1.4: The surface water management plan will prescribe methods of increasing or maintaining groundwater recharge. INFRASTRUCTURE 6/98 4-5 EAR -BASED AMENDMENT Ordinance 4, 1998 Objective 4.C.1.2: By the year 2010 2�V5, the City will have implemented the recommendations of the Surface Water Management Plan. In the interim, the City will continue to give guidelines and review applications for development approval on the basis of the City of Palm Beach Gardens Code of Ordinances and the South Florida Water Management District, Basis of Review for Environmental Resource Permit (ERP) v �_ .�,' ..___� -I c1.___ -_ r c.___r___ 1E:r_�___ In each case a Applications r ulullac I ♦ lVlalla Cl11Gll�. allu .awl a c vl .3ul la%,V, V v a «l proposed project will need to demonstrate the availability of positive legal outfall for the off site discharge of stormwater and the hydraulic capability thereof. Policy 4.C.1.2.1: New development within the City shall make all improvements to the off -site surface water management system(s) to adequately store and /or convey any additional stormwater discharges. Policv 4.C.1.2.2.: The City will continue to coordinate. cooperate and implement. in coniunction with NPBCID and SFWMD. the results of a study on the events of the October. 1995 floods and develop recommendations to prevent similar flooding situations from occurring in the future, Obiective 4.C.1.3.; The Citv shall adopt stormwater auality_ standards consistent with state water policy established in Florida Administrative Code 62- 40.432(1)-(4). South Florida Water Management District criteria pursuant to ERP Rules . and the Citv shall achieve the `effective prohibition' and `maximum extent practicable' standards from Section 402(P)(3)(B) of the Federal Clean Air Act, Policv 4.C.1.3.1.: By 1999. the City shall develop a Stormwater Management Program whirr achieves overall water quality standards consistent with applicable, federal. state and regional rules and regulations. This program shall include pollution prevention measures. treatment or removal techniaues. stormwater monitoring. use of legal authority. and other appropriate means to control the auality of stormwater discharged from the municipal separate storm sewer system, Policv 4.C.1.3.2: The Stormwater Management Program shall include controls necessary to effectivelv prohibit the discharge of non - stormwater into municipal separate storm sewers. app reduce the discharge of pollutants from the municip_ al separate storm sewer to the maximum extent practicable. Policv 4.C.1.3.3: Water aualitv standards within surface water management systems shall be consistent with water auality criteria set forth in SFWMD rules governing the issuance of Environmental Resource Permits. INFRASTRUCTURE 6/98 4-6 EAR -BASED AMENDMENT Ordinance 4, 1998 POTABLE WATER GOAL 4.D.1.: THE PROVISION OF A SAFE, HEALTHY AND DEPENDABLE POTABLE WATER SUPPLY TO ALL RESIDENTS AND BUSINESSES IN THE CITY. Objective 4.D.1.1.: The potable water facilities levels of service standards established in this element shall be maintained throughout the City, until such time as they are revised by the Seacoast Utility Authority. Policy 4.D.1.1.1.: The City shall adopt an average annual daily potable water consumption level of service standard of 191 92 gallons per City resident per day. This shall serve as the level of service standard for the urban area. The rural area shall utilize water wells. unles$ alternative, service provision is approved by the Citv Council consistent with Policv 9.1.4.2.(a) -(d), Policy 4.D.1.1.2.: The City shall adopt a peak 24 -hour potable water consumption level of service standard of 258 +38 gallons per City resident per day. Policy 4.D.1.1.3.: The City shall adopt a minimum potable water treatment plant capacity level of service standard of 2$$ 1380 gallons per City resident per day. Policy 4.D.1.1.4.: The City shall adopt a minimum potable water storage capacity level of service standard of 34.4 gallons per City resident per day. Policy 4.D.1.1.5. The City shall adopt a minimum water pressure level of service standard of 20 pounds per square inch. Policy 4.D.1.1.6.: The City shall not approve development permits which, if approved, would cause potable water facilities servicing the City to operate at levels below the levels of service standards established in Policies 4.D.1.1.1.- 4.D.1.1.5. of this element. Policv 4.D.1.1.7: The City shall coordinate with Seacoast Utility Authority to adjust potable water service provision plans and to establish _policies preventing urban sn_ rawl. consistent with the Urban Growth Boundary concept INFRASTRUCTURE 6/98 4-7 EAR -BASED AMENDMENT Ordinance 4, 1998 Objective 4.D.1.2.: In accordance with section 163.3202, F.S., the City, ill via the Seacoast Utility Authority, will have a cross - connection control program. Policy 4.D.1.2. I.: Tn_L1__Y ]_____ __ _L_11 L- _____ l__ -- ____at TTT —_I- /�L -_ 1^7 CCA Lil1aV1111 V1 u111a111.1.J J11all UG in aCi.Vlllalll.l. wiul LJLil\ lull. L.ilaFLGl 1 / - ✓ ✓V, Tll- -_� .L_ _.___ �• 1_.1 r L_ c._ - - --_. TT._c. -. A__.L __:.__ The City. through its l llt., allu th%. JGl V 1\.l. JL1il41a L1V11J Vl Lill. JL.a1.Va0L V L1111y 4 LUL11V1 11y _ membership in the Seacoast Utilitv Authority (SUA) consortium. will encourage SUA to continue. its aeeress ve cross - connection Dro2ram. 1 Vile.,' 7. iJ. l.L.v.: l^..Ily 1.vuG G11rl V11.G1111.11L V1111rG1J viii au1111111J11.1 u1L. Vlllllialll.l;.(s ). Objective 4.D.1.3.: By 1992-1 -The City, in conjunction will continue to coordinate with Seacoast Utility Authority and the Palm Beach County Department of Environmental Resource Management, w:.. .a.e :dell ed in the identification pf existing and future wellfields and w;:l lave ,;161,11 ied the City will modify proposed land uses during the City's next round of amendment$ to protect the wellfields. v Policy 4.D.1.3.1.: As new wellfields are identified. land uses will be evaluated and. if incompatibility is determined. E compatible land uses or restrictions ion activities will be identified in future Comprehensive Plan amendments. Objective 4.D.1.4.: By 1995 The City will continue to monitor County Health Department L the facilities using on -site domestic wells that do not reports regarding have UGLG1111111G4 comply with state statutes. The City will contact the County Health Department and Seacoast Utilitv Authoritv on a quarterly basis to inauire about recentiv identified failing systems. and 'll Lave If identified. the City will assist the Health Department and Seacoast 6:111 11QVG 4GVGIV�JGLL _ - - Utility Authority implement a plan to provide approved water supplies to these parcels of non - compliance. Policy 4.D.1.4.1.: The potential for well contamination will be examined as the City County Health Department determines who is using on -site domestic wells that do not comply with state y mii statutes. his plan to vc uc vcLopcu by I -J wiii vv uc vcivYcu v � wul I-- -IC aamaaia.c vi a eomuitant- Policy 4.D.1.4.2.: The City will enact all vl-uulallcc enequArge. via its status as a member of the SUA consortium. that the SUA adopt a policy requiring connection to an approved public water supply within ninety (90) days of that supply being available. INFRASTRUCTURE 6/98 4-8 EAR -BASED AMENDMENT Ordinance 4, 1998 Objective 4.D.1.5.: The City shall establish procedures to coordinate the extension and increase in the capacity of potable water facilities to meet future needs. Policy 4.D.1.5.1.: The City will require all submittals for development to obtain a statement of available capacity from Seacoast Utilities prior to site plan approval. Policy 4.D.1.5.2.: The City will not issue a building permit in the urban awa without an executed agreement for service between the developer and Seacoast Utility Authority. or alternate providox. Policy 4.D.1.5.3.: The City will not issue a certificate of occupancy in the urban area without written acceptance of the water facilities by Seacoast Utility Authority, or alternate provider. GOAL 4.D.2.: THE CONSERVATION AND PROTECTION OF PUBLIC DRINKING WATER SUPPLIES. Objective 4.D.2.1.: JLY '^^ he Cit will have llll 1C111G11LGLL C{ll Vl ulllAll%G continue to L 177J L Y Y encourage new development and redevelopment to reduce the per capita consumption of buy _u' 2.__....7 i- a2._ -WA, ranking water UJ' J g�%.0 U[IJGLL Vll L11G 7!r SYa.0 1G ♦Gl Vl JGl ♦111.G GJLCaV11J11GU RAJ JGa%.VAJL Z-) uuuw 111 IL 90o and encourage the switch to water conserving plumbing fixtures in existing structures through education of the consumer. Policy 4.D.2.1.1.: The City shall continue to require water conserving plumbing fixtures in new construction and through its land development regulations si a.. r%, v sac u1-. Y;uluviur, cvuc Lvy Jury C 1!1!%'1 a_ :–_ 1_ —.__r a2._ _L_� - Vl 1772. LV 1111I11c111%.11L Lll%; ld1Qlger. Policy 4.D.2.1.2.: The City shall discourage the use of potable water and encoura 'ge reclaimed water for irrigation in new developments through the review process and will work with the regional utility to define methods to discourage potable use for irrigation in existing developments. Objective 4.D.2.2.: By 1995, t The City. as a member of the SUA consortium. shall encourage the utility to continue to -shall evaluate the feasibility of implementing various alternative water treatment and reuse systems. A T 11 11 1 _ TL_ d":­ L__ 1!1/101 _1L_11 a2._ _ _1` _ 1 Val\..'' 7.Jl.A1.A0.l.. '111%. % ILy uy 1772. allall a11LL1V11GG a JLUUy LV %.Yaluau, L11c uJC Vl b'1%Y WaL%L �y ai�illa vy u___ `_a. iuui v iuuai au U%iui, and 1va-_ iuv vi v ug uual YiYu1r, u%.Lw%%.l a-v %vial au L CureS. i 2. a J2.1a11 laaJ au2.l{ _ u a1LL 1%JV1uL1V1lJ LV ullFl%.111%.11t LLlt. u VL Lil{r INFRASTRUCTURE 6/98 4-9 EAR -BASED AMENDMENT Ordinance 4, 1998 A T 11 11_ "__'tnnn aL__ /'1!a__ ! _ • _a!,.� __!aL AL_ Ct______a rTA!1!a_. •__AL__!�_ VVJCLLIVC '71. L' .J.6• AJy A.VVVl LIIC t.u,'1 Jill L.VIIJIYIIL.LIVII n1Lll LIIC L3V,"' %P"0L VLIULJ ZXULlIVIILy auu AL.. OT<7l1LRT --.!I] L____ � !1_J � _1_. -__l � �!a_�!�- _1.,� -2_a_ L►lC L71' VV 1Vi1/1 Vl'lll uaVC wwtp1mu allu al1alJlcu IIIVI►iLVl UIg plall UaLa LV LivaajLUAy b'IvuAlunalcl Lzi-ge a�J J!__L_i-_.. _a__ 1"_-1 I i �a.alal �c alau ua�GUaI �c i alca l VI alawl aI auu al ula,lal I cL.alal gc/ uaaL.Ilal rgc ay OiF,Iila. 111E a11a1J UG0.1 LGG1L111L1UG3 W111 UJG JUV- V0.J111J aJ 1Gldlalr,L. UVUlLUal1GJ W11L.1L. Prae A T 7 11 '1_ T_a_�a__�_a r C �___ �__._a__ __A r___ _ 1_11 L.. �____/___ 1 1 VIIL.J' 7•L' .J.b.b. 1 VLG1lL1V111GL11G 3U1LaGGJ Vl rL%juuu WaLGl a11U 3U1LaGG WCLLGl Jllall VG LiL.VG1Vj L;;u _ _ _ L._ _C _ _L____ _ -_1 _1___L____, iv YivvluG a �laFJ111G iV,Yi�a%ilia%iuil UL 1l.Glla1r'G allu uLa%,uaLr,G alCaa. 7f..1! - -. A T '1 '1 7_ TL_ _1_a7___ _L_ _C _j_rc____. _r _ _r_.._ 1 V►1L.J 1116 Lela L1VG 1GG11aLr,G LaLGJ VI u1LL%.1L.11L iyp%,a V1 3U1laGG waiGL illallasGlilGlli Jy JLL111J shall, LVG G V0.1ua•GU1 . INFRASTRUCTURE 6/98 4-11 EAR -BASED AMENDMENT Ordinance 4, 1998 COASTAL MANAGEMENT ELEMENT Goals. Obiectives and Policies GOAL 5.1.: ENSURE THE SOCIAL, ECONOMIC, AND ENVIRONMENTAL RESOURCES OF THE PALM BEACH GARDENS COASTAL AREA ARE MAINTAINED AND ENHANCED THROUGH THE REGULATION OF DEVELOPMENT ACTIVITIES THAT WOULD DAMAGE OR DESTROY SUCH RESOURCES, OR THREATEN HUMAN LIFE AND CAUSE UNNECESSARY PUBLIC EXPENDITURES IN AREAS SUBJECT TO DESTRUCTION BY NATURAL DISASTERS. Objective 5.1.1.: Ila acciriar,ce 2lit ; ����;�:� 1VJ.J4V6, i .�., 11-he City shall review, and �:: c: c -- essa: y, continue to maintain land development regulations which regulate development in the coastal area in a manner which preserves, protects, or enhances the remaining coastal area resources. The City's coastal high hazard area is defined as the Category 1 Hurricane evacuation area, consistent with F.S. 163.3178 (3) (c) (2). Policy 5.1.1.1.: The Citv will continue to maintain land -Ddevelopment regulations to be adopted ccr6�stcat wiidl Sectiar1 1��.3202(1�, f.S. which shall limit erosion control measures to those that do not interfere with normal littoral processes or coastal natural resources. Policy 5.1.1.2.: T �c LarluacaFui6 Cruir,arlcc VL u,c �iiy tv �c rcv:acu auu aucYtcu ccrJZIster,t W1U1 n--�_-_ , c' ,nnn ,,, r. n L -,� The City shall maintain. within its land development regulations. Jbl.l` 10.J ...1202 `1), ,F.J. J11all reauirements tq ensure that landscaping in the coastal area requiring site plan review shall consist of a minimum of 90% native vegetation. Policy 5.1.1.3.: The vegetation removal permit issued to a new development in a coastal area shall require that, during construction, all new development within the coastal area shall remove all nuisance and exotic vegetation, such -as including. Australian pine, Brazilian pepper, and Melaleuca be- remeved from the site. Policy 5.1.1.4.: In an effort to minimize the impact of development activities on the estuarine water quality and productivity, the Citv's land development regulations to Uc adcyteu c�rl��ster,t w�u, occ«vr, 1�3.32Cn 'i` f.S. shall be maintained � ), tq include specific provisions controlling the building setback from the shoreline and requiring that a native vegetation buffer be preserved or established along the shoreline and access to a water body be provided in such a way as to minimize the impact on the shoreline vegetation and the littoral zone. Policy 5.1.1.5.: The following criteria shall continue to be applied to all proposed marinas COASTAL MANAGEMENT 6/98 Ordinance 4, 1998 EAR -BASED AMENDMENT 5 -1 during the preparation of marina siting plans: a. Preference shall be given to sites which have been legally disturbed or identified as suitable in local marina siting plan elements as opposed to sensitive areas such as Aquatic Preserves, Outstanding Florida Waters and Critical Manatee Habitat. b. Non -water dependent uses (such as bait and tackle, restaurants, etc.) shall be situated on uplands. C. Marina sites shall be located in areas where upland support services are available and where there is sufficient upland area to accommodate all needed utilities and marina support facilities, including parking. d. Docking facilities shall be approved only if minimal or no dredging and /or filling is required to provide access by canal, channel, or road. e. Marina basins shall be approved only when the locations have adequate depths to accommodate the proposed boat use. f. Dock and decking design and construction shall ensure light penetration sufficient to support existing shallow water habitats. g. Sewer pump -out service shall be made available at all marinas capable of servicing or accepting boats inhabited overnight or boats which require pump -out service. h. In the event marina fueling facilities are developed, adequate and effective measures shall be taken to prevent contamination of area waters from spillage or storage tank leakage. i. Prior to operation of marina fueling facilities, the developer shall concurrently submit to the city a copy of the application for a terminal facility and the applicable portion of the DNR "Florida Coastal Pollutant Spill Contingency Plan. " The plan shall describe the methods of fuel storage, personnel training, methods to be used to dispense fuel, and all the procedures, methods, materials, and emergency response contractors to be used in the event of a spill. The plan shall be approved by the city Fire Chief prior to final development approval. j . Marina areas shall be compatible with the Future Land Use Map and applicable land developments regulations in terms of the types and intensities of uses that are permitted. k. Landscape buffers and setbacks shall be included to mitigate impacts upon adjacent land uses. COASTAL MANAGEMENT 6/98 Ordinance 4, 1998 EAR -BASED AMENDMENT 5 -2 1. Marinas shall prepare hurricane plans which describe measures to be taken to minimize damage to marina sites, neighboring properties, and the environment. This hurricane plan shall be reviewed and approved by the Emergency Management Director and Planning Director. m. Marinas shall identify which docking facilities are to be rented and which are to be sold. Areas available to the public shall be identified and maintained as such. n. All applications for marinas shall include a market study indicating the need, market area, and user profile of the marina and which shall include projected costs and revenues proving the economic feasibility of the marina. o. Dry slip use shall be maximized in order to minimize impacts on water quality and minimize the areas extent of disturbance of the estuary. p. New marina facilities shall be designed to maximize the water quality benefits of existing water circulation and shall not adversely affect existing circulation patterns. Improvement of circulation shall be a preferred consideration when expanding or upgrading existing facilities. q. All new and expanded marinas shall provide a demonstration of compliance with State Water Quality Standards by maintaining a water quality monitoring program approved by the Florida Department of Environmental Regulation (FDER). Policy 5.1.1.6.: Coastal wetlands shall be protected through regulations that require: a. Site plans for new development to identify the location and extent of wetlands located on the property; b. Site plans to provide measures to assure that normal flows and quality of water will be provided to maintain wetlands after development; and C. Alteration of wetlands to be mitigated for by restoring the disturbed wetlands or by creating additional wetlands within the coastal area in compliance with the Federal, State and SFWMD regulations. COASTAL MANAGEMENT 6/98 Ordinance 4, 1998 EAR -BASED AMENDMENT 5 -3 Objective 5.1.2.. l - --' - `'-- ' r,O., t he City shall 111 Al.\.Vl UQIl�.G nlau JG{,.11Vl■ 1VJ•JbVb I , e.:sv .c-. E maintain land development regulations which require all development along the tidal ditches to preserve a native vegetation buffer. Policy 5.1.2.1.: The land development Rregulations shall inei continue to maintain provisions for the preservation of the tidal ditch vegetation. Policy 5.1.2.2.: Drainage systems associated with new development shall not cause a significant fluctuation in water quality or quantity in the tidal ditches so as to create a marked change in either the flora or fauna of the tidal ditch area. Policy 5.1.2.3.: By +992 2000, the City shall prepare comnlele a Master Drainage Plan for the entire City that will identify the minor drainage outfalls and their respective basins. The plan shall identify the disturbed natural drainage systems which can be restored to the extent economically feasible. For such disturbed drainage systems, the plan shall recommend remedial actions. Objective 5.1.3.: T- --- - --- -- '" " ° t -The City shall 111 Q{.\.Vl. UQlI{,G x'11111 JG�.!lVll 1VJ•Jf.Vf•, 1' .J•, , and �.! w ;- - :,R �s�� y, maintain land development regulations which ensure that the marine habitat in and the water quality of Little Lake Worth and the Intracoastal Waterway including the associated estuarine systems, are enhanced. Policy 5.1.3.1.: Drainage regulations shall ensure best management practices are used to prevent surface run -off from degrading the water quality of Little Lake Worth or the ICWW. Policy 5.1.3.2.: By Through the land development regulations, the City shall pass -a Leplatim continue to requiring require all marinas and docking facilities located in the City to maintain and submit to the City a fuel spillage contingency plan. Any new marina development proposed in the City shall include a fuel spillage contingency_ plan in the application for development approval. Policy 5.1.3.3.: The City shall continue to propose to the -s5tate that rip- rap or other similar measures be used in the ICWW to increase the marine habitat. Additionallv. the City shall support the Palm Beach Countv Department of Environmental Resources Management in its habitat protection proLyram in all applicable areas, including the Intracoastal Waterway. Policy 5.1.3.4.: In order to reduce non -point source pollutant loading's and improve the functioning of the City's drainage system, the City shall by 19'31, CKav '� continue to enforce regulations to prohibit dumping of debris of any kind, including yard clippings and trimmings, into drainage ditches, stormwater control structures, the ICWW and Little Lake Worth. COASTAL MANAGEMENT 6/98 Ordinance 4, 1998 EAR -BASED AMENDMENT 5 -4 Policy 5.1.3.5: The City staff shall review on an ongoing basis, and coordinate with, the policies and programs proposed by other local governments for the protection of estuaries that are within the jurisdiction of the City and such local governments. The coordination shall be conducted on an informal basis to ensure adequate sites for water - dependent uses, prevent estuarine pollution, control surface water runoff, protect living marine resources, reduce exposure to natural hazards, and ensure public access. Objective 5.1.4. By 1995, itn coordination with other agencies, the City shall identify continue to collect information on all species of special concern that either inhabit or transit the coastal area and adopt specific regulations to provide for their protection. Policy 5.1.4.1.: The City shall continue to compile an inventory all known nesting sites, feeding areas, breeding grounds and areas of transit for species of special concern. Policy 5.1.4.2.: The City shall rc v is w , and c v Esc w .cry -uccc „ al y , maintain land development regulations to provide for the maximum protection of all species of special concern identified in the coastal area and their habitats. Policy 5.1.4.3: The City shall cnsurc that buy ^,91, assist Palm Beach Countv to ensure that all known manatee areas are adequately posted with manatee warning signs. If the problem of boat speeding P ersists in spite of the warning signs, the City shall pass a rc uiativi encourage - reLyulatory aeencie$ to reducing reduce boat speeds in the known manatee areas. Objective 5.1.5.: r_ ° - -- --' `'-- "� '''^" " ° tT-he City shall 111 Q�.I.VI LLQIII.0 YY 11.11 JCl.L1V11 1VJ.JlrVb, 1' •J•, review, and revise ,i ,E. -e aecEssar y, maintain land development regulations which provide for the protection, preservation, and reuse of public and private historic resources. Policy, 5.1.5.1.: 111 acccrua,lcc with scct;vu 13.3202, .5., tThe City shall maintain the following in the land development regulatign$: a. Adept eCriteria for the identification of historic resources; and b. Adapt rRegulations for the protection and preservation of historic sites and structures that may be identified in the City. Policy 5.1.5.2.: By -1992, tThe City shall continue to: a. Determine if any structures or sites meet the City s, states, or federal criteria for historic resources and so designate and map those that do; COASTAL MANAGEMENT 6/98 Ordinance 4, 1998 EAR -BASED AMENDMENT 5 -5 b. Submit a list of designated historic resources to the Florida Department of State, Division of Historic Resources, and U.S. Department of the Interior for inclusion on the Florida Master Sites List and National Register of Historic Places; and C. Continttally u- Update the list of historic resources as appropriate. Objective 5.1.6.. '- -- ace w2A -- -- ,ZID ^� 'W tThe City shall 111 QG\.Vl UAII\.G VV Il.11 JGGIIVII 1VJ.J6V6, 1' ., :ieceisa: y, continue to maintain land development regulations which ensure that building and development activities are carried out in a manner which minimizes the danger to life and property from hurricanes and floods. Policy 5.1.6.1.: The land development regulations shall continue to require that new and replacement sanitary sewer facilities in flood zones are flood - proofed to prevent inflow and insure that raw sewage does not leak from sanitary sewer facilities during flood events. Policy 5.1.6.2.: Regulations shall ensure that new development and redevelopment within "A Zones" as designated by the Federal Emergency Management Agency employ building construction techniques which are consistent with the requirements of the Federal Emergency Management Agency Flood Insurance Program. Policy 5.1.6.3.: The land development (regulations shall require continue to maintain that land use types and intensities within the coastal area are consistent with: a. The Future Land Use Element and Map; b. Vested development rights; c. The hazard mitigation annex of the lcca; mauar,%licuA fiat, 1995 Comprehensive Emergency Management Plan and the Treasure Coast Hurricane Evacuation Study; d. Those which maintain a hurricane evacuation time as established in the Palm Beach County tal -.- i 1995 Comprehensive Emergency Management Plan. I Ga�,�.�uuG 1i111G1��. lay r _ _ _ e. The goals, objectives and policies of this element and the Conservation Element of this Comprehensive Plan concerning the protection and preservation of natural resources. COASTAL MANAGEMENT 6/98 Ordinance 4, 1998 EAR -BASED AMENDMENT 5 -6 Policy 5.1.6.4.: T - - =- -- __ , L_ L_,1 -- - -- -- • - - -- --- y uGgiluuur. ill 1771, illG %.ily Jllall lllaiiiul% all aluluai uiL.- iuA..a._� - __.L__ - _. — __ —___ J__.a. ,t iiuiuilmS pivbialil ill wm%l u a aul vGy vi wllluuuvwll llaZalua lJ Gviluuywu allu appivinia« `ices 1 l.l;lvYGU vi- uiniunc ud The Citv's Public Works Department shall continue its program to regularly provide trimming and pruning of City street trees and trees on Citv_ prop_ ert_v as a pre - hurricane, precaution to windthrown hazards. Objective 5.1.7.: The City shall cooperate with Palm Beach County in maintaining the hurricane evacuation time as established in the Palm Beach County Pan Comprehensive Emergencv Management Plan. Policy 5.1.7.1.: The City shall coordinate with the county to determine the most efficient evacuation routes and shelter space. Policy 5.1.7.2.: The city shall maintain densities in the existing residential developments in coastal areas as approved in the development plans. Residential densities in the new! future annexed annexation coastal areas shall be established consistent with the above Objective. Objective 5.1.8.: The City shall provide immediate response to post - hurricane situations. Policy 5.1.8.1.: After a hurricane, a special meeting of the City Council shall be convened to hear preliminary damage assessments, appoint a Recovery Task Force, decide if a temporary moratorium is necessary on building activities to protect public health, safety, and welfare. Policy 5.1.8.2.: The City shall name a Recovery Task Force to include the City Manager, department directors, and other members as directed by the City Council. Staff shall be provided by the departments whose directors sit on the Task Force. The Task Force shall be disbanded after implementing its responsibility. Policy 5.1.8.3.: The Recovery Task Force shall have the following responsibilities: review and decide upon emergency building permits; coordinate with state and federal officials to prepare disaster assistance applications; analyze and recommend to the City Council hazard mitigation options including reconstruction or relocation of damaged public facilities; develop a redevelopment plan; and recommend amendments to the Comprehensive Plan, 'Lv—Cai City Emergency Management Plan and other appropriate policies 1 G4GG11111G LiluGl �G11Gy t loll _ _ , and procedures. Policy 5.1.8.4.: The City shall pursue the following post- emergency activities: immediate repairs to potable water, wastewater, and power facilities; removal of debris; stabilization or removal of structures about to collapse; and minimal repairs to make dwellings habitable. These actions shall receive first priority in permitting decisions. Long -term COASTAL MANAGEMENT 6/98 Ordinance 4, 1998 EAR -BASED AMENDMENT 5 -7 redevelopment activities shall be postponed until the Recovery Task Force has completed its tasks. Policy 5.1.8.5.: The City shall revise continue to maintain land development regulationspursnant to require structures which suffer damage in excess of fifty percent of their appraised value, to meet all current requirements including those enacted since construction of the structure. Policy 5.1.8.6.: The City shall revisc la=nd u%v%ivIJliivlli rvruiaUVII0 Fuiauam LV .�ivv�ivil iV3. -YZ. kL;, f.S. continue to require structures which suffer repeated damage to pilings, foundations, or loadbearing walls to rebuild landward of their current location or modify the structure to delete the areas most prone to damage. Policy 5.1.8.7.: The Recovery Task Force shall review all interagency hazard mitigation reports as they are produced and make recommendations for amendments to the Comprehensive Plan accordingly. 1 A _ T_. 1AAC aL_ !1!a__ _a_CO _L_ll -J --- A — aL_ r'!— !"1_____!1 P_ 177J7 LIIG <.aLy ana=l allajl �/1Gt/MV, ajju PI-aGIL UP LIM %-ILJ' I.VUljw 1Vl aYyiv�ai, ww�livliGilJirc 1 =ail aiju laaud ueviE6 Jji ziji iCruiaiiVlla culjIZi-I i1LGIAt3 iilai _7 GLI.V UIagG aad lal.11lLaM L11G UGVGIVPIIIIUIL Vl VV"WI- UGPG11UGl1L MAU VVaLG1- 1GlaLGU UDW Vt1LllL1 LIiG I.VaaLal al %;a. il_1•___ !• 1 A 1 _ TL_ _ 1 Vlll.,' J. 1.7.1.. 111E %-ILY amii allall UGVGIVIJ aIIU IJ1GJG11L LV U1-- I..1Ly -vuuGu as all a111I.11LL1LG11L a_ aL_ _L _�_.___ Tl__ _ ____1_1 _ -__ L_�_ -_ 1_ -, .___ __1_._ -_. __-I .1L --- ----- 4 L LV Ul\. L.Vlll�Jl G11G 11alVG 1 Lan, a GV0.aLal al Ga LULLL1G lallu uaG GaLGb'Vly allu U1VJG alGaa LV UG _UG'�_1a1__ as JLLGL Jlu II . 71..1!__. L- 1 A 111 _ TL_ /'1:._. -1_11 _]__._1_. ___1 _ 11-_ !�_._. /'7 ___. __1 _ aL 1 VLI.,' J•1.7.lr.. 111. 1...1Ly allall UG VG1VtJ allu jJL%.aG11L LV L11G %-IL.' I..Vum1 u aJ all a111G11uuI%,nL LV Ul%. Lolling GVUG, L11G 1V11vW111g GvaaLal a1Ga LVllllir, GaLG6Vl1Ga, Vl aullllal Gat%brvL1Ga, allu u1%;; a1Gaa LV VG u%,airnaLGu as JUGII. l.^.. V11ll11G1 G1a1 -1110.1 ilia u1J L11Gl 1V1 Liy i ui ubv%ivp%.0 inaLL11a uaGa. lllllaly uaGa alall VG .__] 111111LGU LV iviluuG.iiial walll-UV jJGIIU%,LlL U3%Ga WILLI u1G LV11VWlllg' JJ11VIILY raurLnir,. 1 j jJUVii�, uac lilarilia3; L f GV111111GI GIa1 llalllllg', J� Vun-L waLGl v11G11LGU 1G1riGauvllI allu A\ __7_1_,1 ''� WaLGl- iclatcu uL L_- ____1_- l...V11ll11G1610.1- GVQJLCLl LL1aU 1GL 1V1 1GJJ L1LG1lJG, WaLGl -1 GlaLGu uaGa. 1111110.1 uaGa anaii VG 111111LGU LV GV111111L.1 G1Q1 allu LGGLGaLIVllal allu waLG1- 1G1aLGu LLJGa. COASTAL MANAGEMENT 6/98 Ordinance 4, 1998 EAR -BASED AMENDMENT 5 -8 C a�wluctluat-waaiat utautca to uc vviilaycu vu Cxiaiiitr, ia,alucatual t,aivrvii' -a iv ucwlutulc u%ilaiiy. i ►iiiiaiy uava atian LP- ii111iiiu iv i%,aiuiiuiai witut a"L'a0viy 01 wawi-tctaacu ua%a i%yuita.u. T1. L•__. C 7 n 7 !�_ -_7_a _ L .L_ L -- n-- `'_ -.1L0 ^f 'l n'1 /1\ T 1 vlaa,y Const5«lu wiut ulc utticttatltc JJtvvtucu vy Jccuvu kaf, a .J., ua, clay __ -____: _- - __: �:__ r__ _____L - altau auvYa, tatlu ucvclvYtttcua tcrulauvtLa tc.aiutttltr, vt Ylvvluttlr, lvt Yuvllc a%��aa uuvu�u llL' Yiivai% ucvctv�tttctta vi icucvclvYlltcat siiu,a iv ail %niaiiits want- ucYcllucua Yuvtic i%,%,xCaiivila - _17 taclttay tvcaacu as ulc ativtcltl_ le. n_1!___ ' 1 n A . TL- 1__.1 1 Vll\.y J•1.7.`7f., a tlb lattu ua,va,lvk III -11L lcrutaalvlla alllcltuttla,llaa att411 --haul%, ulaa all wau -i . ub�Ja, 11ub11L anu waact- lclaacu I.laa.a a,Vttlt/ly wlalt allc VVJccalvca anu pvix%,la.a Vt Ulla a:la,llta,llL. a Vllay .7.1.7.o attc stay attalt YtvYvac W utc a,vuilaj% utaa all iiuClw%,al arL-. .1ltGili vc aigita,d i%�atutll� ulc Ytatttttll,5 vt utc i mR%.,knpvtaicu Cvaaiat aiiaa auja%.Cm iv utc '-- iay. Objective 5.1.9: The Citv shall maintain and implement the Palm Beach Countv Boat Facilitv Siting Plan to ensure the protection of manatees in and around the Citv_ 's coastal areas and waterbodies. Policv 5.1.9.1: The Citv shall assist and cooperate with Treasure Coast Reeional Planning Council and all relevant a_Qencies with the imp_ lementation of the Palm Beach County Boat Facility Siting, Plan Objective 5.1.10.: "-- ' - - ° -- ' r___ -1 __ +nnn ��..� tThe level of service standards LG�11111111�' 111 alat,.al yGAI 177V -1771, adopted for the entire City in the Capital Improvements Element and other elements of this. Comprehensive Plan shall continue to be applied to the traffic circulation and infrastructure facilities of the . coastal area whenever development orders or permits are requested. The service area and phasing of such facilities shall be consistent with the goals, objectives, and policies of this and all other elements of this Comprehensive Plan. Policy 5.1.10.1.: The City shall apply the level of service standards adopted elsewhere in this Comprehensive Plan for facilities in the coastal area and the additional standards under this objective whenever development orders or permits are requested. Policy 5.1.10.2.: As part of the development approval process, the City shall require developments which would cause public facilities to operate below their adopted levels of service standards to provide for, either in the provision of fees or infrastructure constructed to City standards, the facilities necessary to maintain the adopted levels of service standards concurrent with the impacts of the development. COASTAL MANAGEMENT 6/98 Ordinance 4, 1998 EAR -BASED AMENDMENT 5 -9 Policv 5.1.10.3: The Citv shall encouraee the location of public infrastructure away from the hi_uh hazard coastal areas. and shall limit the amount of public expenditures in this area. COASTAL MANAGEMENT 6/98 Ordinance 4, 1998 EAR -BASED AMENDMENT 5 -10 CONSERVATION ELEMENT Goals. Obiectives and Policies GOAL 6.1.: THE NATURAL RESOURCE OF THE CITY OF PALM BEACH GARDENS SHALL BE PRESERVED OR MANAGED IN A MANNER WHICH MAXIMIZES THEIR PROTECTION, FUNCTIONS, AND VALUES. Objective 6.1.1.: Air quality in the City shall continue to meet or exceed the minimum air quality levels established by DEP DE -R. L 1 1 1 _ TL._ !,'._. L_11 La___ at_ Tl__._____ -C T'.__._�_ _1 Ci �._�___ _J 1 Vll\.,' V. A . L . 1.. 1116 1.1Ly allall VULalll L11G 111 V 1J1V11 UL Li11V 11 V1ll11Glllal Scicaccs allu 1i11�111GG1 lllb' C L., Tl_1__ T]___L !'�_ TT__lat TT _I, A-_ 1 V1 ILL 1 aim IJGaGIl N- UL11lty 11Galu1 lJ1llL C1luival LX%,PVLL GaG11 yGal allu % Vvm m%, It VYll11 GAlaLms ali quail-it JLallualuJ to GJta Ulwll u1G Vi %,vin ia11GG aLLallunCuL. Policy 6.1.1.21.: In accordance with section 163.3202, F.S., the City shall rcv:cW, aiiu is isc w ,cic rlcccssary, continue to maintain land development regulations to provide for fuel- saving techniques such as promoting car - pooling, public transit, bicycling, and walking. This shall be acheived through the implementation of the parkwav system. the installation of sidewalks fq; all new developments. the retrofit of neiehborhoods with sidewalks and the rep_ air of existing sidewalks, and requirements such as provision of bicycle racks. Policy 6.1.1.3 2.: In an effort to reduce reliance on automobile travel, the City shall implement the L.-11.agc Lau cvri3�3tirlg of p uc�uLawuaLuic tiaiiwayo parkway system, as the vacantly arniexed areas are developed; cooperate assist wit ia1III JJcac Cvurlty «1 ucyc:vfuiS a Cvi�lfic Blcycic hall the Metropolitan Planning Organization in the implementation of its Transit Study and Bicycle Facilities Plan; and coordinate with CvPalmTran to increase the public transportation service in the City. Policy 6.1.1.4 3.: The City shall cooperate with county and state agency programs to reduce air pollutants on a regional level. Policy 6.1.1.5 4.: All proposed point sources of pollution shall present evidence of compliance with the DEP 1J12I R regulations prior to being approved. No proposed point source of pollution shall be approved which exceeds the level of air quality established by the State Implementation Plan. CONSERVATION 6/98 EAR -BASED AMENDMENT 6 -1 Ordinance 4, 1998 Objective 6.1.2.: •.__ -� __!! I_ .�__� _ L__ �_��__ „ r #The �.onsislCll1 VV 1111 lllC L1111tr11 All1G p1 V V JUUU V j '7GV.1dV11 1VJ.J4VLr kAh-u -S'., City shall adept continue to maintain development regulations to manage surface and sub - surface water resources in a manner which ensures their viability as natural habitats and utility for recreational and potable water uses. Furthermore, the regulations shall protect the quality and quantity of waters that flow into estuarine waters in the City. Policy 6.1.2.1.: In accoTudailcc with s�,c«ojj 11 63.3202, i .S., tThe City shall rcvicw, arlu rcvis�-- w �crc -11cccs3-ary continue to maintain drainage regulations to ensure best management practices are required. Policy 6.1.2.2.: In acco►uancc w ►ii scction 1163.3202, .S., tThe City shall rcvicw, and revise where -�cccss�lr-y, continue to maintain land development regulations to ensure that: a. Site plans for new development identify the location and extent of wetlands located on the property; b. Site plans provide measures to assure that normal flows and quality of water will be provided to maintain wetlands after development; C. Where alteration of wetlands is necessary in order to allow reasonable use of property, either the restoration of disturbed wetlands will be provided or additional wetlands will be created to mitigate any wetland destruction; d. ' - _ - -' - - -- Land Alteration or development within the proposed J U, fj'aiis 1Vl 'cvC.lopn-,cnas Loxahatchee Slough restoration area (ecosite) or the adjacent lands within the Loxahatchee watershed are consistent with SFWMD policies for water a_uality and auantity and $FWMD plans for modifying the hvdroperiod and water levels in the area; e. Proposed developments comply with the Wellfield Protection Program adopted by the county; and f. Site plans identify floodplain areas and incorporate appropriate flood mitigating measures that comply with regulations promulgated by the Federal Emergency Management Agency Flood Insurance Program. Policy 6.1.2.3.: The City shall require the review of all proposed wetlands development with the Florida DEl' DER, Ficrida DNR, SFWMD, TCRPC, and the U.S. Army Corps of Engineers to ensure compliance with dredge and fill permitting processes. Policy 6.1.2.4.: Through the continued implementation of land development regulations to ______ _-. T the City shall ensure that new developments are 4LLV�J lG.LL �/LL1JLL4111 lV JL.l.l1V11 1VJ.JGVG tl�, l�.J., designed in such a manner as to minimize the impact of such developments on the quality of CONSERVATION 6/98 EAR -BASED AMENDMENT 6 -2 Ordinance 4, 1998 surface and ground water resources, and to further ensure that new developments do not exceed the capacity levels for potable water and /or sanitary sewer services. Policy 6.1.2.5.: By t995, tThe City shall pan-IC;Yatc ;-, a ;LLLUy coacciu,r, continue to encourage the placement of a salinity dam in the tidal ditches along RCA Boulevard to prevent salt water intrusion into the shallow aquifer. Policy 6.1.2.6.: �r, acc;, ►uai ►cc wit", scct:;,r. 1631.320`, .S., tThe City shall rcvicw, anu r%,vi,L;; w �crc r�cccs�a�y, continue t p maintain land development regulations to ensure such regulations are consistent with and implement the county Wellfield Protection Program. Policy 6.1.2.7: By implementing the provisions of the county Wellfield Protection Ordinance, the City shall continue tp ensure that no new uses are established within the zones of influence of existing or proposed wellfields that could adversely affect the quality of water resources in the water recharge area. The City shall also ensure that new potable water wells and wellfields are located in areas where no regulated materials (e.g. hazardous or toxic materials) are used, handled, stored or produced within the projected zones of influence of such wells or wellfields. Policy 6.1.2.8: The City shall cooperate with the SFWMD and Palm Beach County in their efforts in restoring the Loxahatchee Slough and managing the Loxahatchee Slough Sanctuary. The City in conjunction with the SFWMD and Palm Beach County, shall review any development adjacent to the Sanctuary for possible adverse impact on the Sanctuary during the development approval process. Objective 6.1.3.: By 1991, tThe City, in conjunction with Seacoast Utility Authority, NPBC V V': ID, and the SFWMD, shall uc r �ivY, auLLrf, aau' continue to monitor and enforce provisions for monitoring and regulating water use in order to prolong freshwater availability pursuant to land development regulation$, Policy 6.1.3.1.: The City shall provide technical assistance to and cooperate with the SFWMD in preparing and adopting an emergency water management conservation plan. , C c v i �Policy 6.1.3.2.: �n accoruar,cc w �� scct�or, 1 3.320 S— s w , a,u rc V Esc w crc - ,cccssary, continue to maintain land development regulations which require water conservation strategies which are consistent with programs promulgated by the Seacoast Utility Authority, NPBCVV'^.ID, and SFWMD, and other viable programs such as: a. Wastewater reuse for irrigation if economically feasible; b. Separate metering for irrigation with potable water; CONSERVATION 6/98 EAR -BASED AMENDMENT 6 -3 Ordinance 4, 1998 C. A reduction in use of potable water for irrigation; and d. A more efficient operation of irrigation systems including the incorporation of such devices as soil water tensiometers and xeric landscaping where appropriate. Policy 6.1.3.3.: The City shall cooperate with the SFWMD in developing and implementing programs for the further education of the public regarding various methods of water conservation at the household and small business level. Objective 6.1.4.: ill a«cruancE with sEaLion 1VJ.J6V6, I .S., IThe City shall eilsz where iiiecEssai-y, continue to maintain land development regulations to ensure the control of soil erosion. Policy .1.4.1.: TL_ City. L_" ___ - - -- ---• � The Citv shall continue to maintain y llll. �.,►�y �t'a" iin.vl�viai�. u'a, aY�1vY"au. land development regulations which implement Palm Beach County Soil and Water Conservation guidelines --g -'-`= - -- - g 9U development activities and land clearing. District idelines ��,�� ll, u ►a�1v11J ��ii�.�liuil Policy 6.1.4.2.: All commercial mining practices shall be prohibited throughout the incorporated area of the City. Objective 6.1.5.. i_ —__ ___�.L _ tee__ r., J 111 acc6i- 1a111.G wkh 3-6 L1V11 1VJ.JbVb, V-3., 1—The City shall d continue to maintain land development regulations to ensure that all ecological communities, wildlife, and marine life, especially endangered and rare species, are identified, managed, and protected. Policy 6.1.5.1.: The City's land development regulations shall will continue to ensure that: a. All endangered and threatened plant, animal and marine populations are protected; b. Habitat of critical value to regional populations of endangered and threatened species is preserved; C. Nuisance and invasive exotic vegetation (i.e. Brazilian Pepper and Melaleuca) is removed by the developer at the time of development or redevelopment of a site; and d. Removal of native vegetation is minimized in the land development process; and, where it is economically feasible, removed material is relocated on site. e. Environmental Assessments are provided for anv land develop_ ment/alteratxon nzonosal or properties containing environmentallv sensitive lands. Policy 6.1.5.2.: Development orders and permits for development and redevelopment activities CONSERVATION 6/98 EAR -BASED AMENDMENT 64 Ordinance 4, 1998 shall be issued only if the protection and conservation of wildlife, marine life and natural systems are ensured consistent with the goals, objectives, and policies of this Comprehensive Plan. Policy 6.1.5.3.(a): The City shall continue to cooperate with the SFWMD, and Palm Beach County, through the exchange of technical information and informal coordination, in order to make a concerted effort to protect and conserve unique vegetative communities that exist in the Loxahatchee Slough area and which fall under multiple local jurisdictions. Further. the Citv shall assist in the I Qxahatchee Slough ecosite's protection by designating it with Conservat�pn land use and assisting with management activities. Policv 6.1.5.3.(b): The Citv shall c000_ erate with Palm Beach Countv in the management of thf, Frenchman's Forest ecosite. This cooperation shall include designating the ecositc as Conservation land use. entering into an interlocal agreement to assume operational and public' safetv activities. assisting in environmental education programs. and locating a city- operated nature center on the promrty. Policy 6.1.5.4: �vii;i�u iii WLL :tic fr�V;;,cil; of �cc«c;� 1VJ.JLVL (1;, F.S., ,The City shall adept maintain land development regulations containing specific standards and guidelines for the protection of environmentally sensitive lands containing one or more of the following: a. A habitat of critical value to regional populations of threatened and endangered species; b. A rare and unique upland community such as coastal scrub; C. Functioning and jurisdictional wetlands and deepwater habitats; d. Any part of the Loxahatchee Slough Sanctuary; e. Sites of historical or archaeological significance; L Xeric hammock or xeric scrub; g✓ Tropical hammock; L Low hammock. temperate hammock. or mesic hammock: ii. Mixed hardwood swamp or hydric hammock; ji Pond apple slough; L Cvnress swamp: CONSERVATION 6/98 EAR -BASED AMENDMENT 6 -5 Ordinance 4, 1998 L Freshwater marsh: m. Mangrove swamp: n.. Oak forest; Q Pine flatwoods, mesic and hydric; p—. Scrubby flatwoods; q_ Coastal dune and strand; r- Wet prairie; Native habitats other than those listed above may also be designated as environmentally significant if they are actively used by or likely to support or contain U.S.- listed endangered. or threatened species and /or state listed endangered or threatened species. or species of special concern; Policy 6.1.5.5.: The City shall require that an environmental assessment be prepared prior to alteration of the land consistent with the provisions of the Natural Resources and Environmentally Significant Lands Cede section of the land development regulations. Policv 6.1.5.6.: To ensure protection of environmentally sensitive areas and listed species, the City shall implement the following criteria either in combination or singly for any proposed alteration of lands designated as environmentally significant pursuant Comprehensive Plan policv The groiect design provides for the protection and preservation of the mast valuable or unique existing natural resources. listed species and environmentally significant lands on site: 2 If no listed species have been determined to exist on the site or on -site preservation would yield a preserve area that is less than the preferred minimum of ten acres or unavoidable impacts to wetlands occur. an alternative form of mitigation acceptable to the City Council is implemented; JL Lucy V.X. .J.U. 3a. The CILy s man picscriz, as a A minimum, 25% of upland native plant communities intact with canopy, understory and groundcover (e.g. pine sand scrub, xeric oak forest, hardwood hammock, pine flatwoods) is set aside as a preserve or: 3b, In cases of lots of less than 40 acres or where the quality of habitat on any size parcel does CONSERVATION 6/98 EAR -BASED AMENDMENT 6-6 Ordinance 4, 1998 not warrant preservation of upland habitat on -site, preservation of such habitat on -site is not otherwise required by policy or ordinance, and upland habitat of equivalent type and area is available elsewhere in the City, the developer shall preserve similar communities off -site, provide monies for the acquisition of similar or better quality native plant communities, or restore similar plant communities. Off -site preservation and restoration of communities may be required at a greater ratio; 4a. Wetland habitats are set -aside as preserves, and development is Drohibited in wetlands except under the following circumstances consistent with Treasure Coast Regional Planning Council Policv 6.6.1,1): 1) Such an activity is necessary to prevent or eliminate a public hazard- 2) Such an activity would provide direct public benefit which would exceed those lost as a result of the modification; 3) Such an activity is proposed for habitats in which the functions and values currentiv provided are significantly less than those typically associated with such habitats and cannot be reasonably restored; 4) Due to the unique geometry of the site, it is the unavoidable consequence of development for uses which are appropriate Riven site characteristics. or: L'\ TL_ r__-_t! - -_ -I __.,1__ -- - _!�__7 L__ __._al - -� L�Ll� -�.. a- L_ -3_ 1 -1 -_ JI 111G 1111q,L1V113 Qllll ♦QIUGJ Ul VY1UGU UV YYGL1Q11U 1lQU1L4L0'LV UG UGJLIV_YGU 41G 411 Gadv ]L.V111U1GLGlY Q1lU lUl1Y 1GU1Ql.GU U11V1 LV VLL.U11G11%.G Vl L11G UIVUV.7GU 1111V41.L LV GAlat!s RI Wit. - - - - - - 4b, Wetlands shall be protected by a density transfer program to upland areas. Where development occurs within wetlands, the developer must mitigate the function and value of those wetlands. Development activities shall occur at a densitv of no more than one dwelline unit Der five acres in the °urban area-arnd°one dwelling bhftlperltwentvWacres:i tiie ruraVkea. shall be clustered to the least environmentally sensitive portion of the site and shall include design considerations to protect the wetland functions of the rest of the site. Consistent with SFWMD regulations, a minimum 15 -foot upland buffer composed of native vegetation shall be preserved or established around wetland areas For a site on which listed which listed species are known or suspected to be present, one of the following criteria shall be satisfied; 1. It shall be successfully demonstrated that the proposed land alteration/develoDment activitv will not Dreclude the continued survival and viability of those listed sp_ ecies located on site; or CONSERVATION 6/98 EAR -BASED AMENDMENT 6 -7 Ordinance 4, 1998 2. A Dian for relocation. either on -site or off -site. for those listed species. shall be approved by all aDDroDriate aeenciq$, Policy 6.1.5.7: Public /Institutional buildings shall be prohibited in the Conservation land use designation and within other environmentally sensitive lands, including wetlands, 100 -year floodplains, groundwater aquifer recharge areas, areas set aside by development to meet the 25 percent preservation of native ecological communities and wildlife habitats. i vii�y `V.JL -1i.0; `Y1'�iiailua aLl 11 vu EJivi�%i�u by a u%ilaliy iiaila1%, kJiv�ialu iv uEJiailu aica5. -- L c�rnvw rT _ __1_. ___ t c r__. 1__� L__cr__ _a r __. ___ \..V11J1JLG11L Wlul J1 YV 1Y1LJ 1G�LL1auuna, a 1111111111u111 1✓ -1VVL Uptanu UULIGL GV111JIVJG.0 Vl ua11vG T__._1_ -____ VGb'GlaLlvll Jllall VG l,J1 GJG1 VGU Vl GJl4Vl1J11GLL Q1VLLIlU WGL1411u a1C:aJ. LGVG1VkJ111GL11 W 111 I1Vl UC:. __._al__,],. .__.__ -a .. _.7.__ aL_ C._11 ___._ -- ____..- __._ -___ a11VWGU 111 wGL1ands, Cxccpt undci the lvllvw111� GL1GLL111JLa11GGJ `GV113►3tG11L W1L11 11Ga3u1G l..VaJL m-6xviiai i taiuliilr, �vutmai r vii%y iv. i . i . i j: i j auCii ail a%.Li v iiy is il%"aaai y tv pi'CVCilt Gl 1•�_ -_._ _ __L t:_ L_,,, -_] �1\ _.._L -a _ L_ -_C_. ._ C! 1L 4 �.lUV1IG 114G41 u, G� JuGll ll a%.UYLLy VVVULU PLVVlUG UllGGL PUUIB- VG1lGllt w11iG11 WVUIU 1__a __ _____Ia _C aL_ —__l: C:__a:_- 1\ _ _L GAGGGU U1VJG LVJL aJ 4 LGJU11 V1 111G 1 v-uJi 1GaL1V11, ✓) Jul.0 ail aGllVlly IJ FLUJJVJGU LVl 11avIML3 L11 _.L__L _._1___, al_. 1_. _11_ Vv I11G11 u1G LUM.L1v11J anu va1uGJ %.UlLG11uy FivviuCu a1G aigiaLiGanuy 1GJJ Luan u1VJG Lypa -ally _______._J __._aL __._L L_L_a_._ ___] ___ -_. L_ _______Ll_. .t A\ J___ _ _C aJJVG1alGU W 1u1 JLLGLI 11aU1LaLJ anu GalulvL VG 1GaJVllavly 1GJLvl%.U, `V; ULLG LV U1G U1LLLiUG 6GV111GL1y Vl 1116 J1LG, 1L la u1G unavvluavlG GVL1JGliLLG11GG Vl uGYG1vP111G11L 1V1 ua%.a wink-it 41G appivpllaLG r'1YG11 • _L _._t____ L_. __ SAC G11aLaGLG11JL1GJ, 0.11" ✓I L11%, LU1lGL1V11J a11u va1UGJ Intiv1UGu Vy WGLiauu lla UlLa L3 LV UG UGJL1Vy GU ___ _1___d_. _1_. __J G_11_. __- 1___,1 .,_ -__ _C aL_ - __ -__ „� '_____a — ___'_.'- alG a11Ga"y GV111F/1G LGly a11u 1u11y L%,paGG” pio LV vGGLl11G11GG vl u1G liLvpvJGu impaGL LV Gn1JLU1r, L _L.._. 1^_._ -_ -1__ _C _.a___.._ -_ ._.L ___ at ___ ______a._ -_ __. Habitat. Exaaylcs V1 JltuauvuJ w11G1G 111GJG GAGG�JL1V11J Wvulu apps a1G 10unu in u1G 1 \GrpviLa1 . TI__ /T_1'__. In 1 1 1 \ tt 1L ___ J__._t__�_ -a _ _at:- _ _al�_ aL. \..V111�J1 G11GL1JlvG iv11Gy Hall li V11Gy 1V. l.l.l.f. YY 111.11E uG VG1V�J111G11L VGGl11J W1u1111 YVGL1a11U3, Lave _]__._1_ -__ must L_ G___a•_- and 1___ _C L..__ _a1_ -,_ T__._1_ - -_,__ LLG VGIV�JG1 111UJ1 llllll�'QLG 1116 1u11GL1V 11 allu VQ1LLG V1 111VJG WG11a11UJ. LGVGIV�J111G11L aL.l1V 1L1GJ Jllall _. _ _]___:._. _C __ -____ .L_- _ -_ ,]__._Il. -- ___.a -__ CC___ __�__ _L_1/ L_ _/___.___,t __ aL_ 1__.. VGGLLI aL a UGILJ1Ly VL 11V 111V1G Ulall viii. GwinuiS UlllL P%.L 11vG aG1GJ, Jllall UG G1uJLG1GU LV un. 1GaJL G11VLLVLU11Glllally Jc►laiu VG PULL1V11 V1 u1G 31LG anu snail u/G1UUG UVGaL611 GV11JlUGl aL1V11J lV FIVL%\.L LL1G W GLlallu LLL11GL1V11J Vl the lest V1 L11G J1LG. Objective 6.1.6.: By 1992, the City, in conjunction with the SWA, shall develop a hazardous waste management program for the proper storage, recycling, collection and disposal of hazardous wastes. Policy 6.1.6.1.: The City shall work closely with and seek technical assistance from the DEP DE and SWA in identifying small quantity hazardous waste generators in the City and in developing the program for the proper disposal of such hazardous waste. Policy 6.1.6.2.: The City shall cooperate with the SWA in sponsoring Amnesty Days to collect household hazardous waste for proper disposal. Objective 6.1.7.: ..L .___ , ,,,,, >n 111 at.{.Vl ual1L.G VV 1611 JG�.L1V11 1VJ•Jf+Vb, 1' •V•, 1 he City shall , y, continue to maintain land development regulations and development CONSERVATION 6/98 EAR -BASED AMENDMENT 6 -8 Ordinance 4, 1998 policies to ensure the provision of conservation measures on newly annexed lands in accordance with the goals, objectives, and policies of this Comprehensive Plan. Policy 6.1.7.1.: The City shall review the master development plans of all subdivisions approved by the county but later annexed by the City for the provision of conservation/ preservation areas as required by the original development order. Policy 6.1.7.2.: Where development orders granted by another governmental agency are silent, the comprehensive plan, land development regulations, and policies of the City of Palm Beach Gardens shall apply. Objective 6.1.8.: Prior to the issuance of any development orders for that area included in the Conceptual Linkage Plan presented in the Future Land Use Element of this Comprehensive Plan, a the plan for all or a part of the i �uptiad -1-11 LilC iiaunaj Parkway sliystem shall be approved implemented by the City. _ TL_ a _'1__.__._ .1_. _L_11 __1__�_ _r. _11 �•G._.a _ 1 Vll%.y V.1.V•1.. 111%. Ua11wayJ pan Jllall 111c1LLLLC all 111YC11LV1y Vl all airpu11ca11L vG.b'cLaLLV11, �l___1_ _-_1 1.1 l.l._ - _��_._:r___ :__l___1_J ____ _fr__a -_] �_va:___ _C at_ ____ _______J L__ .L Wc%1a114J, a114 w1lulllc cV11ll114111L1cJ 111c1LLLL%.0 wiuun allc%.LV %U JJV1L1V1LJ Vl Ul%. alca cV YCl%.4 Uy LLlc !�_____�__1 i __1____ Tl__ TL_ !"�_.__ _L_11 ______�___ �L_ :__t ---- __ _L.L __� ._._.___. _a_ __ �L_ ___ %- loacep-wa1 Lllllla�'c 1 loll. 1111, -,_ny Jllall _m1 vuL ab'c ulc ul%.luJlVll Vl LLl%.J%, cV111111U1L1L1cJ Ill LLlc VF%.11 spacc allu hallway �yai%lil �JivjJiJ�%u iil ulc ucvclV�J111c11L. Policy 6.1.8.1.: The City shall continue to maintain land development regulations to ensure the implementation and design of the Parkway Overlay System. Policy 6.1.8.2.: The mays parkway$ shall be designed, developed and maintained to serve a multitude of functions including: a. Preservation of significant native ecological communities in greenways along the City's maior corridors; b. Separate bicycle and pedestrian circulation through and between land uses within and adjacent to the areas included within the Conceptual Linkage Plan presented in the Future Land Use Element of this Comprehensive Plan; c. Mitigation areas for natural areas disturbed elsewhere within the area included within the Conceptual Linkage Plan presented in the Future Land Use Element of this Comprehensive Plan, where applicable; d. The buffering of adjacent roadways, land uses and developments, where applicable; and CONSERVATION 6/98 EAR -BASED AMENDMENT 6-9 Ordinance 4, 1998 e. The provision of public access to the restored Loxahatchee Slough alld ua, iairu, ibl\ llii�li _ _ 1 %_vi QIGa LV VG GVl1J ll UGIGU Vll u1G WGJL GULL Vl u1G 41 Ga 111G1ULLGU W1LL1111 LL1G VV1IG%qJLUal L111A4�G Tll :_ L__ T.'__-_�_ T _--I TT_,_ T'1_�__ C aL_ Tl_ A loll FJIGJG11LGU 111 LIIIJ 1 uLLL1G Lallu VJG liIG111Gl11 Vl U1G t.V111kJ1G11G1ISlYG l tall, where applicable. L Preserve urban beautv through right of wav landscaping reauiremenits: Z_ Provide residents with a safe and multi -use pathwav system which is recognized a$ an urban component of the Florida Cireenways System: h. a perceived need for using strip commercial as a buffer between arterials and residential areas; and L The phasing of the establishment of the parkways shall. at a minimum. be relative to the phasing of development in the area included within the Conceptual Linkage Plan presented in the Future Land Use Element of this Comprehensive Plan Thl].. -. L 1 /) 7 _ TL_ Tl__]__a_7__ /fi T_�.�_ T__71_____._ _1__ _L_1/ _ _1___t__ l Vl1L.y V•1.V.J.• 1116 1 l.LLGJL11aLv imaLUII, Hallways pull Jllall 111GluuG. A _ __ _�_t 1___t _]_____�._ C it _�__ L_ _ _,1 _ aL_ a __t__.__. a. !1 Jui vcy and 1G?J'al uwGllYuvil Vl all a1Gas to uG lilivlYviaiGU wtv un. uanway Jy JLGlll, L TL._ _L__._� _C •L_ _ _L1._L___�a 'L._ _L_ -:-_ _ r V. 1116 tJI1aJ111� Vl u1G IGJIVl aliVll Vl GJlQ U11J11111G11L Vl Lill. L1anwayJ 1l.lauvL. Lv ulG (J11CLJ111S Vl aL_ /'�_____� _1 T :-l____ TI__ _.1 aL uG VG1V�J111G111 111 L11L. a1Ga 111G1uuGL1 W1L11111 U1G \.. V11GG�JlUal L11111a�G 1 tall F'%LaG11LGLl ul L11G T__�___ 7 _. _t 1 utuiz LalRl VJG L:1G111G 111 Vl L111J l..VlllkJl G11G11JIVG I tall. TL_ __Ll_ C__ .L_ �1a _C rt_ r t__.__._ _ %. 111G cIILIL % i�aJJVi1J1u1G LUL u1G uGVGIVFIII%G11L Vl Ll1G tLanways syau-111, _l A L'_� _r U . A list Vl UJI.J JJ%,LL1iiLLGU ill L11G LiallwayJ iinauullmg ally 1aG111uGJ IV VG InUVIUGU 1Vl __L1._ _ __l aL_ _ _.L1_ r__ aL_ _J rccreaL1V11 Vl puUL1G QGGGJJ anu LL1G %,im Ly L%.31JVLLMU1G 1VL 1.11G GVIIJUU"IV11 tutu 111allm'nal1GG .,r .L___ C__..1_a.___ Vl ulGJG 'La 111L1G3, All _ _l �__LI__ aL_ a __1_______ _ �. ckll pkin w vi puum. a%%%aa IV Lln UallwayJ Jyaiilil, r All _C aL ___ 1__ _J_ — L_ _1__ _.__a _J a at_ _ _A _11 _r aL ___.a_ L_ L_IA L__ L. All Vl u1VJG lama LV uG LiGLL1GaLGu LV u1G G1Ly anu all Vl U1VJG IV UG 11G1u Uy VUIV-L 1JUV11G Vi JJLIVQL , 11A.GLGJLa. Objective 6.1.9•. •AL 4L_ a!W_1`'_� L__ 1L7 'Y1nl1 /1\ T C, The 1.V11D1JLGliL TilLl1 Ll1G LALlllrLltUl1G J11VT1llGli Uy L709.LiV11 iVJ•JbVlr k1y, A : .L-7 City shall adept maintain land development regulations which, in conjunction with the efforts of other regulatory agencies having jurisdiction, shall ensure the protection and preservation CONSERVATION 6/98 EAR -BASED AMENDMENT 6 -10 Ordinance 4, 1998 of native habitats, and maximize the provision of open space for this purpose. Policy 6.1.9.1.: The City shall define maintain open space requirements in all applelif the land development regulations with specific reference to conservation and preservation land area requirements. Policy 6.1.9.2.: The City shall endeavor to "collect and concentrate" open space conservation areas to amass significantly large land areas that will be left in their natural settings for public dedication and use through land development regulations. Policy 6.1.9.3.: Through the site plan and subdivision review process, the City shall endeavor to connect open space and conservation/preservation areas with pcU&str;a- Li�atu:c trali;Ways the Parkwav Svstem wherever possible. Policy 6.1.9.4.: The City shall require all developers to identify all conservation/preservation areas and submit all appropriate information to regulatory agencies. Policv 6.1.9.5: The Citv shall maintain the following minimum reauirements to all reauirgd preserve areas for environmentally significant lards• (1) Lands to be set aside in preserve areas shall be: a. Identified based on the quality of habitats, the presence of listed species, proximity to other natural areas and other relevant factors. b. Preserved in viable condition, with intact canopy, understor_y, and ground cover, and. maintained without infringement by drainage or utility easements. C. Platted as separate parcels of land. d. Of highest quality, capable of functioning within itself or in conjunction with manmade features. e. Clearly defined, protected and managed in such a way that it serves a purpose to the communities around it. f. Contiguous, wherever possible. to an adjacent preserve, public park, school site, or human -made open space or combination thereof. 9. Maintained as large oven or green areas with the intent of preserving large areas to promote self - sustaining. balanced plant growth, biodiversity, and wildlife enhancement and shall be connected with other preserve areas '.to conceptually CONSERVATION 6/98 EAR -BASED AMENDMENT 6-11 Ordinance 4, 1998 (2) function as wildlife corridor$. h. One - hundred - percent protected from alteration during site construction. i. Compact in nature, avoiding strip or noncontiguous patterns and arranged in a continuous fashion where possible. The use of preservation areas as long, narrow buffers is discouraged. 1= Protecting and preserving of all endangered and threatened plant, animal and marine populations and the habitat of critical value to regional populations of endangered and threatened species. k. Consistent with South Florida Water Management District regulations, such that 4 minimum 15 -foot upland buffer composed of native vegetation shall be preserved or established around wetland areas landward from the edge of the wetland in all places and shall average 25 feet of width from the landward edge of the wetland. 1. Cleared of invasive nonnative vegetation (e.g., Brazilian pepper, Australian pine and Melaleuca), except as otherwise authorized by the city, by the developer at the time of development or redevelopment of a site. Lands that are set aside in a preserve status may be included in open space calculations for purposes of meeting open space requirements of the city's planned community district or planned unit development ordinances if the canopy, understory_ , and ground cover vegetation are left intact. However, such preserved lands shall not make up more than 50 percent of the total required open space, unless it is determined by the city council that a greater portion of the required open space should consist of preserved area because of special site constraints or preservation opportunities. Alteration within the preserve shall require City approval, and shall be limited to: 1. The construction of boardwalks, pervious walkways, and other passive recreational or educational facilities. 2. The construction of firebreaks, fire lanes, or fence lines and the removal of invasive nonnative species and their replacement with native species. The use of native plant communities, existing roads and trails, etc., as firebreaks is preferred to the construction of new access roads or fire lanes, which would result in the introduction and spread of invasive nonnative plant species. 3. Primary public /institutional buildings shall be prohibited in the conservation land use desienation and within other environmentally sensitive lands, CONSERVATION 6/98 EAR -BASED AMENDMENT 6 -12 Ordinance 4, 1998 including wetlands. 100 -year floodplains, Rroundwater aauifer recharge areas. areas set aside by the development to meet the 25- percent preservation of native ecological communities and wildlife habitats, unless otherwise approved by the city council. Policv 6.1.9.6: The Citv shall maintain the following minimum reauirements to require a management plan for all Dreservation areas and /or con$ervation land$. a) A management plan of the preserve area and/or any other conservation areas within the city shall include but not be limited to long -term protection of the preserve /conservation area, continued removal of and protection from litter and debris, avoidance of activities or land alteration which may disturb the preserve area, eradication and continued monitoring and removal of invasive nonnative plant species, control of off -road vehicles, and maintenance of hydrological requirements. Periodic prescribed burning or other mechanical methods that would simulate the natural processes of the natural historic fire regime may be required for some areas. b1 Each management plan shall be approved, pursuant to Comprehensive Plan Policies and land development regulations by the department. before final approval of construction drawings or commencement of land alteration, whichever occurs first, and/or incorporation into the city as a conservation area, open space, greenway, or wildlife corridor. U Deed restrictions. (1) For those lands identified for preserve status, appropriate deed restrictions shall be placed on the lands and recorded in the public records of the county, or they may be dedicated to a public entity or approved private conservation group for the purposes of preservation, or appropriate restrictive conservation easements granted in perpetuity may be established, or such other similar protective measures may be established, as determined by the city council, upon completion of all review processes. A conservation easement shall be established for a preserve area on a single - family residential lot five acres or greater in size. The deed restriction or conservation easement shall be dedicated to the appropriate entity, such as the property owners association, or a state or local government or agency. The perpetual maintenance and protection of designated preserve areas shall be established by a legally binding, recorded instrument. Policv 6.1.9.7; The City $hall provide for a voluntary densitv bonus proeram for land use desienations of residential high (RH) to permit densities uD to 15.0 units per L-ross acre. based on one CONSERVATION 6/98 EAR -BASED AMENDMENT 6 -13 Ordinance 4, 1998 additional unit of density allowed for every ten percent of native ecological habitat nut intp a preserve within the planned community district (PCD) up to a maximum of 15.0 units per gross acre These preserve areas shall be over and above the minimum preservation and open space, area_ provided in accordance with standard PCD requirements Policv 6.1.9.8: The Citv shall maintain in the land development regulations rea_uirin_g the removal of invasive nonnative species from preserve areas and development tracts. CONSERVATION 6/98 EAR -BASED AMENDMENT 6-14 Ordinance 4, 1998 RECREATION AND OPEN SPACE ELEMENT Goals, Objectives and Policies GOAL 7.1.: ADEQUATE RECREATION AND OPEN SPACE FACILITIES AND AREAS OFFERING A BROAD RANGE OF ACTIVITIES, CONVENIENT ACCESS, APPROPRIATE IMPROVEMENTS, AND SOUND MANAGEMENT SHALL BE PROVIDED TO ALL CITIZENS OF PALM BEACH GARDENS WITH ACTIVE AND PASSIVE RECREATION OPPORTUNITIES IN THE INTERESTS OF PERSONAL HEALTH, ENTERTAINMENT, AND CONSTRUCTIVE USE OF LEISURE TIME. Objective 7.1.1.: The City shall provide active and passive recreation facilities and areas for residents of Palm Beach Gardens in a timely manner so as to comply with the level of service standards set forth by this element and to maintain such compliance in subsequent years. Policy 7.1.1.1.: The City shall adopt a level of service standard of 3.5 3.7 acres of improved neighborhood and community parks for each 1,000 permanent City residents. Parks and recreation facilities shall be located to serve the entire city population, which in most cases will be in the urban area. Policy 7.1.1.2.: The City shall achieve the level of service standard set forth in this element through an equitable and systematic land acquisition program and impact fee.program. Policy 7.1.1.3.' :_ _a _ ...:.� �: _ I C1 I 'lnll r. o � City _a ___.: _ • 111 Ul.IiVI ULll1VV YY1LL1 Jl.l. 11V11 1 VJ.J LVL, 1 .U., L -T e C1 Shall rc Yic , and rcvisc Wlllnll. 116.ccssCLL �', continue to provide land development regulations �� iil%viYvau«, which contain recreation and open space definitions as defined below and level of service standards as defined above. Neighborhood Park The neighborhood park is a "walk to" park. generally located along streets where people can walk or bicycle without encountering heavy traffic. It serves the population of a neighborhood in a radius of up to one -half mile and generally has 2 acres for each 1,000 population. The desirable size is 15 acres. Because the service areas of a neighborhood park and an elementary_ school often coincide, it is desirable for the neighborhood park to physically join the elementary school when feasible. Both park and school serve the same basic population, share compatible land uses, and maintain recreation facilities that are of mutual benefit. Since recreation needs vary from one neighborhood to another, site design should be flexible in order to meet the particular recreation needs of a neighborhood. Site design should also reflect the character of a neighborhood and incorporate compatible elements of both passive and active types of recreation. The park area should be suitable 1'9r intense recreational activities. Typical facilitie$ developed in a neighborhood park may include play apparatus. RECREATION 7-1 AND OPEN SPACE 7/98 EAR -BASED AMENDMENT Ordinance 4, 1998 recreation buildings, multipurpose courts, sports fields. picnic areas, and free play area$. Additional facilities may_ +� added depending on the recreation demands of a neighborbQod. Community Park A community park is a "ride to" park located near major streets or arterials. It is designed to serve the needs of four to six neighborhoods - which may be said to constitute a community - and serves community residents within a radius of up to to three miles. Non- vehicular access to community parks is an important aspect of these parks. Non - vehicular access can be enhanced by bike paths and pedestrian walkways. A minimum of 25 acres for each community park is recommended, with acreage needs based on an optimum standard of 5 acres per 1,000 population. A community park offer$ a wide range of programs and facilities for individuals and families. Just as a neighborhood park fulfills the recreation needs of a nei,,hborhood, a community park is designed to meet the recreation needs of an entire community. The park area should be suitable for intense recreational activities. Typical facilities at a community park include swimmine pools, ball fields, tennis courts, play areas, picnic areas, multi - purpose courts, recreation buildings. and sports fields. Additional recreation facilities may be included to meet a particular recreation demand in a community. Adequate off-street parking may be needed to contain parking overflow. Two important elements of every community park are the use of landscaping and the provision of passive recreation areas. Urban - District Park While maintaining a level of neighborhood and community parks, the City also wishes to include one or more district parks into the recreational system, An urban - district park is designed to serve the recreation needs of several communities, or a city and usually provides areas and facilities that are resource based. The park area may contain natural or aesthetic quality for outdoor recreation, such as picnicking. boating. fishing, swimming. camping and trail uses, as well as active play areas. A secondary objective may be the conservation and management of the natural /cultural environment, providing- opportunities for viewing. studying nature and wildlife habitat, The minimum desirable size for an urban - district park is 200 acres. The most important aspect of an urban - district park is that it provides recreational opportunities that are resource based. Design and development of all outdoor recreation resources and facilities should promote an atmosphere of beauty and serenity that is based directly on the natural environment. Specialized Recreational Facilities These sites will vary widely in size and the number of residents served. Examples of specialized facilities would include marinas, libraries, swimming pools, zoos, nature centers, outdoor theaters and publicly -owned golf courses. Specialized facilities may be appropriate in combination with a community or urban - district park. Objective 7.1.2.: Public funds, gifts and contributions, mandatory fees and/or deductions, and other means shall be used to meet the recreation and open space needs (defined by the level of service standards above) of Palm Beach Gardens. RECREATION 7-2 AND OPEN SPACE 7/98 EAR -BASED AMENDMENT Ordinance 4, 1998 Policy 7.1.2.1: The City shall enact continue a fully operational impact fee program b-; �arluary 1, nnv, and shall supplement recreation and open space needs through interlocal agreements, operational practices, user fees, incentives, and public /private cooperative efforts. The City shall also develop a comprehensive implementation program with priorities, responsibilities, and schedules based on the adopted level of service standards (improved park land) and the ideal recreation facilities standards by January !, 1992 September 1, 1998. Policy 7.1.2.2.: The City shall maintain a detailed recreation and open space inventory which indicates the general location of existing and proposed sites and facilities as well as functional classifications, nature of improvements, and usage, size, priority, and other appropriate considerations. D _.�7.__. "'r 1 1 ? _ :... ....._., _.].......,.....:�L ,. ... i L'? '2'14'1 r Q ••L.. ._:... -L-11 ._!1,». ., .. _.]:._._.._.......L:,.1 1 G. icy I.1.2.J.. in G1L.coTd Llncc VV ith acct ion I V.J. J L%J_, 1 .J., LII%. L.ILJ J11LL11 L1LAVIJL 0111 V14111U111.1. VV 1114.11 r !\O _ L'.__ :----.,-A ..Lt:,_ C a:a: L, _ _.:.]...] :. ' LL.._L 1LiL.11L111 L.J LVLJ L%.4LIM.111\.110 1V1 IIIIP1V VL.LL FLAVlll, 1L.L.Icat:l Gll lUl.l11 L1L.J LV VL. �.JIV V lulu III II%.1S11VV111VVL1 and cavliln—lunAL pains. Objective 7.1.3.: The City shall provide vehicular and pedestrian access to all public, active, recreation facilities, including barrier -free design features at entrance points to the facility such as buildings used for group assembly, spectator seating areas, and restrooms. Policy 7.1.3.1.: The City shall acquire and develop access easements or rights -of -way as required to provide adequate access for public recreation facilities, and construct access ways which are compatible with the character and needs of the facility, as well as being harmonious with surrounding development patterns. Policy 7.1.3.2.: The City shall coordinate with Palm Beach County and surrounding municipalities to achieve public access to Atlantic Ocean beaches. Objective 7.1.4: The City shall improve and coordinate efforts with all levels of government and the private sector to provide recreational opportunities. Policy 7.1.4.1: By 1991, The City shall asscJJ l %-, i;LLJ1 V111 L� LJL \11`IL llll� IIILG an continue interagency agreements with the School Board for the joint use of school recreation facilities located in the City. RECREATION 7-3 AND OPEN SPACE 7/98 EAR -BASED AMENDMENT Ordinance 4, 1998 Policy 7.1.4.2: The City shall enforce the dedication of park and recreation area through the �etzing �.�...�:.�� �:.0 ;uLA:.:s:�- land development regulations' development approval process. As a minimum, residential projects shall set aside 408 600 square feet per dwelling unit for public parks and recreation purpose. Non - residential projects shall set 4$ide a percentage of the gross project area as established pursuant to Policy 7.1.4.4. Money in lieu of land dedication, subject to City Council approval, shall $erve as an alternative where $uitable land i$ not available within development project$ for public park purposes; minimum park thresholds, a$ defined in Policy 7.1.1.3., cannot be achieved, or off -site land is not appropriate to serve the recreation and open space needs of the subject development. Policy 7.1.4.3: The City shall seek land donations from property owners and financial contributions from the private sector for the development of recreational opportunities. Policy 7.1.4.4: By March, 1999, the City shall conduct a user survey of park and recreation facilities. The data from the survey shall be used to determine the percentage of land non- residential projects shall contribute as recreation dedication reauirements, At a minimum, the $urvey shall document use of city parks and recreation facilities by residents and nonresident$, and the origin and destination of each user before and after the park/recreation facility use. RECREATION 7-4 AND OPEN SPACE 7/98 EAR -BASED AMENDMENT Ordinance 4, 1998 INTERGOVERNMENTAL COORDINATION ELEMENT Goals. Obiectives and Policies GOAL 8.1.:: ESTABLISH EFFECTIVE COORDINATION MEASURES AMONG ALL PERTINENT PUBLIC AND QUASI- PUBLIC ENTITIES SO TO BEST MAINTAIN PALM BEACH GARDENS' QUALITY OF LIFE AND EFFICIENT USE OF RESOURCES. Objective 8.1.1.: n__ 1nn� = L The City shall continue to maintain formal specific means of coordination with adjacent municipalities, the county, state, and federal agencies who have permitting and regulating authority, and quasi - public entities which provide services but lack regulatory authority in Palm Beach Gardens. Policy 8.1.1.1.: The City, through its involvement with Seacoast Utility Authority and in conjunction with the City Engineer, shall review all plans for water and sewage systems when these improvements are to be maintained by the city after construction. Policy 8.1.1.2.: The City shall notify Palm Beach County and surrounding municipalities in writing (prior to the application being considered by the City Planning and Zoning Commission Board) of all development applications received by the City a Develop_ ment Review Committee meetine. Policy 8.1.1.3.: Palm Beach Gardens shall request that the state regulatory agencies create liaisons with the City. For example, the SFWMD recently implemented a program which has assisted liaison within the county. Policy 8.1.1.4.: Through the City Council, the City Manager shall be responsible for ensuring an effective intergovernmental coordination program for Palm Beach Gardens. Policy 8.1.1.5.: The City shall utilize request that the Palm Beach Countywide Intergovernmental Coordination Process provide as a regular formal forum in which to deal with issues unique to Palm Beach County and the municipalities therein. Policy 8.1.1.6.: The City shall request that the Treasure Coast Regional Planning Council (TCRPC) play a more active role in issues between the City and Palm Beach County, and between federal and state agencies and Palm Beach Gardens. Policy 8.1.1.7.: Palm Beach Gardens shall assist with cooperative education programs between the City, the county, and regulatory agencies to inform the public and development community INTERGOVTAL COORDINATION 8 -1 6/98 EAR -based Amendment Ordinance 4, 1998 about applicable laws and regulations. This could be accomplished by including brief informational pamphlets in utility bills or other means of widespread general circulation. Policy 8.1.1.8.: Palm Beach Gardens shall identify and coordinate anticipated future annexation areas with the county and surrounding municipalities. Policy 8.1.1.9: The City shall use the Treasure Coast Regional Planning Council's informal mediation process to resolve disputes or conflicts, including annexation issues, with other local governments, if not resolved through the Palm Beach Countywide Intergovemmental Coordination Process. When the City's efforts fail to resolve a dispute with any local government, the City shall notify the Regional Planning Council in writing about the dispute, requesting the Council's mediation. The City shall also notify the local government that the City has dispute with, about the City's request to the Regional Planning Council. Policy 8.1.1.10: The City shall cooperate with the County's Commission on Affordable Housing to implement countywide affordable housing programs, including the use of Housing Trust Fund monies. Objective 8.1.2.: By M_7_10, �;taulis ; a inn— sm. wx7 Through IPARC. TCRPC and informal communications. the Citv shall continue, coordinating all levels of service standards which affect surrounding municipalities and counties. Policy 8.1.2.1.: The City shall monitor the imp_ lementation develvpmern of county-wide traffic performance standards. Policy 8.1.2.2.: The City shall coordinate the timing, location, and capacity of public facilities to ensure that required services will be available when needed. Policy 8.1.2.3.: The City shall involve the TCRPC in informal mediation when level of service issues cannot be resolved by the city and the service provider. Objective 8.1.3.: "y �»v, es, MIJ2� : Through IPARC. TCRPC and informal communications, the City shall continue a written procedure to request coordination with the comprehensive plans of adjacent municipalities, the county, and other units of local government such as the school board, who provide services but do not have regulatory authority over the use of land. Policy 8.1.3.1.: The City shall file a written request with each adjacent municipality and the county to receive and review copies of all proposed comprehensive plans or plan amendments that INTERGOVTAL COORDINATION 8 -2 6/98 EAR -based Amendment Ordinance 4, 1998 are adjacent to Palm Beach Gardens' boundaries. Policy 8.1.3.2.: The City shall request the School Board of Palm Beach County, Northern Palm Beach Chamber of Commerce, Palm Beach County Planning Council, South Florida Water Management District, Treasure Coast Regional Planning Council, Seacoast Utility Authority, Northern Palm Beach Countv Improvement Water eontiol District, and Florida Power and Light Company to designate a specific liaison to provide expertise from their various disciplines into planning and development- related activities. Policy 8.1.3.3.: The City shall, in conjunction with other affected parties, evaluate the Capital Improvements Element when it is undergoing annual review to determine if current funding is proportional to services rendered. Policy 8.1.3.4.: The City shall request joint planning between city staff and the School Board on proposed locations of future schools in relation to the projected population. Objective 8.1.4.: By f^,�V, A1__ City ; :a.. U;LaU.is : Through IPARC. TCRPC and informal communications, the Citv shall continue an intergovernmental coordination process to ensure full consideration is given to the impacts of developments proposed in the City Comprehensive Plan or by other governmental entities which affect the city. Policy 8.1.4.1.: The City shall cooperate with the Palm Beach Countywide Intergovernmental Coordination Process established in 1993 for the purpose of facilitating intergovernmental coordination. Policy 8.1.4.2.: The city shall support the development and adoption of interlocal agreements with the affected municipalities to coordinate the management of the Intracoastal Waterway and the Loxahatchee Slough. Policy 8.1.4.3.: The City Council shall continue to work with the Treasure Coast Regional Planning Council to identify regional issues and to assist in the periodic updating of the C—empreher Strategic Regional Policy Plan. Policy 8.1.4.4.: The city shall support the development of interlocal agreements with affected parties and the Northern Palm Beach County Improvement der E-entroi District to coordinate the funding of infrastructure in the North County area. Policy 8.1.4.5: The City shall forward copies of the City's proposed Comprehensive Plan or plan amendment to each adjacent city, Palm Beach County, the School Board of Palm Beach County, Palm Beach Countywide Intergovernmental Coordination Process, South Florida Water Management District, Seacoast Utilities Authority, the Treasure Coast Regional Planning Council, and the Department of Community Affairs for their review and comments. The City shall take INTERGOVTAL COORDINATION 8 -3 6/98 EAR -based Amendment Ordinance 4, 1998 into consideration comments received from the above entities prior to the adoption of the Plan or plan amendment. Obiective 8.1.5.: Through IPARC. TCRPC, the Citv's Education Advisory Board and informal communications, the Citv shall encourage the provision of duality education through world class curriculum to ensure all children are prepared for real world exu_ eriences. held necessary skills for iobs, and continue to pursue knowledge. Policv 8.1.5,1,; The City shall undertake efforts to encourage and promote a quality educational experience tailored to individual students needs. through communications with the School Board and local school administrators, and urge that the following should be provided: diverse learninu styles tailored to students' abilities; magnet schools and special program$; skilled, devoted teachers: involvement of volunteers and community resources. Similarly. programs, strategies and practices such as the following will be encouraged: reduction of school and individual classroom $ize; selection of administrators with strong leadership and managerial skills: proper allocation of fiscal resources: teaching focus on basic iob and employment skills: and promotion of parental involvement and awareness• Policv 8.1.5.2.: The City shall promote and encourage through communications with the School Board. with assistance from the City's Education Advisory Board and coordination with neighboring governments through the Interlocal Plan Amendment Review Committee and Jssue5 Forum. a form of school concurrencv to ensure educational facilities are available when and where needed. and the division of the county school district into separate. smaller districts, Policv 8.1.5.3.: To implement Objective 8.1.5 and Policies $.1,5.1 and $.1.$.2, the City shall assume an active role in reforming the education system. The City shall formulate consensus. through resident input, on the major educational issues for the City and meet regularly with the School Board to advise them of the City's needs and recommend strategies or programs to address the identified needs. Further. the City will assert itself as an outspoken leader, and utilize the talents and influence of the community to urge changes to the educational system. At a minimum. the City shall continue to monitor its activities which have potential imp_ act on the educational_ process and will coordinate accordingly with School Board staff. Policv 8.1.5.4.: The City shall coordinate the location of new and expanded sites for Public Educational Facilities with the School Board in order to ensure compatibility consistencv with the City's Comprehensive Plan. in accordance with 235.193. F.S.. and to maintain and enhance ioint plannine processes and procedures for coordination and development of public school facilities concurrent with residential development and other services. Public educational facilities shall be sited as discussed in the Future Land Use Element. INTERGOVTAL COORDINATION 8 -4 6/98 EAR -based Amendment Ordinance 4, 1998 CAPITAL IMPROVEMENTS ELEMENT Goals, Objectives and Policies GOAL 9.1.: PALM BEACH GARDENS SHALL UNDERTAKE ACTIONS NECESSARY TO ADEQUATELY PROVIDE NEEDED PUBLIC FACILITIES TO ALL RESIDENTS WITHIN ITS JURISDICTION SO AS TO PROTECT INVESTMENTS IN EXISTING FACILITIES, MAXIMIZE THE USE OF EXISTING FACILITIES, AND PROMOTE ORDERLY, COMPACT DEVELOPMENT. Objective 9.1.1.: The City of Palm Beach Gardens shall use ,the Capital Improvements Element of this Comprehensive Plan as a means to ensure the construction of Capital Facilities, necessarily to accommodate desired growth with the Future Land Use Element, and to replace obsolete or worn out Facilities. Policy 9.1.1.1.: The City shall include in Five -Year Schedule of Capital Improvements all capital facility projects(renewal and replacement) needed for level of service maintenance which are over 50.000 in estimated costs I V11V YY l LL1Li LLLLVFLI%JL1 Vl ul10 VV11IF1N11L.1101 V Ln 1 1C41, LAMi %�1LJ' 011LLL1 ..la a...�.. _.._.Y.. „a.. L.VL1JUll LLIL t.l Lr J 1iUr/1LCLL XILLFLV Y Li111L.11LJ L1L.111L.11L FI IV1 LV L11Lu CLFFLU YU1 Vl CLLly %,C4FILUl IIIXF1V YL.111L.11L SO MCA AAA 1111CL11L.11ls Vl lJYV1 fP_JV1%J1LJV 111L\.1LbLL,LL LV %.z%FLLL1LL Vl 1\.rJ1aNL. �IFAFILUl 1CLH11ILIcs and the City shall review said Schedule during the preparation of the annual budget. D..1.,._. n 1 I 1 T..,._1 ... ].. _ „.] ..a...7:.... „ a.. _1,.„,_.. «« .- ..1:,.:.... _, 1-:_ a1__ A vaaa.J• /.l.l.(y.. 111LilULLL. FL USMMIS CLLlLL JLUUIL.J 11L✓L.LiJJGLL �' LV 11'IFJL+111LrI1L FUl"+1L.J VY 1Llu11 L11%. VC&L1VUJ V 1VL11L.11LJ VL LL1L. �VllliJl L.11L.•11J1 YLn 1 1CLLl ll1 LL1L.r VLn11L.LLU1L. Vl 1111�.l1V Y<r111Ly11 W. 111L.JV �/1V 1CY110 CLL1LL JLLLLLIVJ ,.L-11 J11CL11 L :...] L,__] «. 4Z.-A Uz PLAGL IL L” vLLJL.LL via JF.J I11L..0 LU16L L UuLL.J 1Vl LrV111F`L1V11, LllL UV CLLI"UIIlL.' Vl 1L. V L LIUV LW lLa►1LL „A .. ..a:..„ _ .:aL aL.. ..a....a: ..l aL.. „..L1:,.�.. L..._UL --4r--. „.1 _._1.0 -- LLIL 0%1 FIVJ Lr L.LJ, CLL1U CLJJVVIULLUII YY1LLL L11L. FLULLi L1V11 Vl LII i FUV11L. J 11LiU1111, JCLlbXyI UJI%A YYVIICA%1. in >t: _. n ,t 11 '} TL- .......L ...1..„a:..„ , C aL:, „1. „ a h,._:a..l T.Y__.__.._.Y,_„a n 1 Vlly, /.1.1.J.. 11U VUS11 UUVi.JL1V11 Vl LLLLJ �.l1CL11, V1liULL.r U �U�./LLUI I111rJ1V YL.111L.11 LJ \.. V11U111LLL. L. .....] f'Uh C, Civ- 11 .f.. „.. �.._ .._.] -11 .. ..:..a._ ..1 ,.._....a.Y ,. „a L......7.. l _ aL- _ ..t .,..., V Vlllr/V JL+u Vl LL1L. �1LJ' IVAU4ICL6%,L CUI%A UZI fAFFIUFII"Ln. uL.l.JCU LL11L.11L 11VULLJ, 1V1 L11L. FL11Fw0%i Vl V YCLXl LII% „,7 -a.._ ..l ..:a_. ..a.. ...] l _ ..1_...:..„ aL_ C V --- 0_L,_.]__l.. ._r al` 1CLLIl�l11S 111 V1LLL.1 Vl FLIV11Ly FI%JJL.L.W FLUFVJL.LL 1V1 111H1LLJ1V11 111 LLlV ✓ -1bCLL Li L.1lLrLLUlL. Vl i111F1 V Y Vlll\.11LJ. Policy 9.1.1.24.. LYCLILLGLNr uilu rclar Proposed capital improvement projects shall be evaluated and ranked in order of priority according to the following guidelines: CAPITAL IMPROVEMENTS 6/98 9 -1 EAR -Based Amendments Ordinance 4, 1998 1) Whether the project is financially feasible and is needed to protect public health and safety, to fulfill the city's legal commitment to provide facilities and services, or to preserve or achieve full use of existing facilities or to eliminate existing capacity deficits; 2) Whether the project increases efficiency of use of existing facilities, prevents or reduces future improvement cost, provides service to developed areas lacking full service, or promotes infill development; and 3) Whether the project represents a logical extension of facilities and services. 4) Whether the project is consistent with the location needs based on the projected growth patterns, the accommodation of new development and redevelopment facility needs, and the plans of state agencies and South Florida Water Management District (SFWMD) that provide public facilities within the City's jurisdiction. 5„1 Whether the project is consistent with the Urban Growth Boundary DhilosoDhv of urban vs. rural characteristics and service provision. Objective 9.1.2.: Future development shall bear a proportionate cost of facility improvements necessitated by the development in order to maintain adopted LOS standards. Policy 9.1.2.1.: The City shall continue to collect a countywide transportation impact fee to assess new development a pro rata share of the costs required to finance transportation improvements necessitated by such development and shall consider adopting a city road impact fee for neighorborhood collectors and local roads of City responsibility. Policy 9.1.2.2.: The City shall continue its v�:�., v. 1111 "i1V yca Gil u%14Gp cl1, a program of : J mandatory dedications or fees in lieu of as a condition of development approval for the provision of recreation and open space. PolicPoll9.1.2.3.: `I "`L=- G_c _.c.._ Glad__.:, _CAL, n.______L._- ._: - rn__ y •• •1.1••1 V111 1,.. l/1 CI"%JFL1V11 Vl 1111. �V1111,1V11V11J1YV 1 11111, The City shall periodically •••:: VV111PL tV a atuuy t;, review the nccu L'wz adequacy of impact fees levied to fund the following capital facilities needed to support new growth: 1) Park and recreation sites and facilities; and 2) Law enforcement and emergency services; and JJ 1 LLVlI�+ VLL11LL111� CAPITAL IMPROVEMENTS. 6/98 9 -2 EAR -Based Amendments Ordinance 4, 1998 Objective 9.1.3.: The city shall manage its fiscal resources to ensure the provision of needed capital improvements for previously issued development orders and for future development and redevelopment. Policy 9.1.3.1.: The City's Capital Improvements Program shall include funding for those capital facilities and programs which do not exceed the city's fiscal capacity. Policy 9.1.3.2: The City will adopt a Capital Improvements Program covering at least 5 fiscal years and annual capital budget as a part of the City's budgeting process. Policy 9.1.3.3.: The City will make efforts to secure grants or private funds whenever available to finance the provision of capital improvements. Policy y ui%� %–ILY vv.., L%.yuua, icul;v u� vv,ivl�lilv.iiw to..a:,1:lz . ...L., –... ..._ C,_....:L1.. N�f.....:._:P._1 CJ A %T..\ ., w uuiic.�., vvu�...�.v�.• iv.u�.vi�., iviuiiia.iYui .��.i v.a.�. i w�tii� viiiw kivi.� i vaj cuiu avauaii�.►Yui v�.t vt�.�.`.i D.. –�.Qa T T_:a,. _.._....y .. ♦„ 1 The City budget process LicilCILL vML3 `1v1�JLJVJJ w itii.uivua vi ilaacuaa L11r� v.uYauu lu1l./lvv{.,1l C-LItJ arld shall include the planning, development and review of projects which provide for the replacement and renewal of capital facilities. Policy 9.1.3.5: Through capital improvement programming, the City shall use its fiscal policies to direct expenditures for capital improvements which are consistent with the goals, objectives, and policies of other elements of the City's Comprehensive Plan. Policy 9.1.3.6• TL- ..SL s,...L- _ —L ......-.�_._a:,..., �....a- aL- _.., _:aa of - -al ..u„u �1 L,,, LJAII%,u. ,,,,,,.u111"L1UL1 .v.u. uiiaa �..� �u «..�, 111,J111 u.., vu..vuS uiu� �O ..1L LL.. %-IL., . �..1 «1.. ._♦ ..a �jvv�,ii'uii�,ii�, uuiiLy �.viiaYuiii�.a ui.0 u.�. Yiivuw 0�.�.wi, ui�. �.a�y vviu au%.iauiy cuiu iiitYa%,aii%,uL ivZL- cf %cti.c tc;, uii%iuC3 %jr firs acing Public uc:,At;ca. Should the bond referendum, identified as the f indiniz source for needed capital improvements, Table 9A, fail the City shall amend the comprehensive plan to identify alternative funding sources or to take other actions. Objective 9.1.4.: Decisions regarding the issuance of development orders and permits shall be based upon coordination of the development requirements included in this Plan, the land development regulations, and the availability of necessary public facilities concurrent with the impact of developments. Policy 9.1.4.1: The City of Palm Beach Gardens will maintain ate, consistent with Section 163.3202 (1), F.S., ai aucqii=c ci:itics %wd� artcc a concurrency management system to ensure that, at the time a development order or a permit is issued, sufficient facility capacity is available or will be available concurrent with the impacts of the development. These code requirements Grdmancc will also ensure that adequate public facilities are available to serve developments for which development orders were issued prior to the adoption of the Comprehensive Plan. CAPITAL IMPROVEMENTS 6/98 9 -3 EAR -Based Amendments Ordinance 4, 1998 Policv 9.1.4.1(b); The City shall reauire. throueh the concurrencv management system, that tho burden of showing compliance with the level of service reauirements be upon the applicant for a development permit. Where capacity cannot be shown, the following method$ may be used to maintain the adopted level of service: L The developer may provide the necessary improvements to maintain the level of service. 2. The proposed project may be altered such that the projected level of service complies with the adopted level of service standard. 3. The proposed project may be phased such that the projected level of service at the conclusion of each phase complies with the adopted level of service. Policy 9.1.4.2.(a): The City hereby adopts the following Level of Service Standards (LOS) and will use them in reviewing the impacts of new development upon facility provision. The Dual Level of Service Standards shall be applied in the respective urban and rural 4rea$, consj$tent with the Urban Growth Boundary philosophy established in the Future Land Use Element: CAPITAL IMPROVEMENTS 6/98 9 -4 EAR -Based Amendments Ordinance 4, 1998 LEVEL OF SERVICE STANDARDS URBAN AREA RURAL AREA TRAFFIC CIRCULATION Facility Tvoe LOS for Peak Period in Peak $ea$pn SEPTIC TANKS Neiehborhood Collectgr D D City Collector D D County Minor Arterial D D State Minor Arterial E E State Principal Arterial D D FIHS Roads D 3 day. 25 vear event Beeline Highway D WATER WELL$ Excepted Links Der Table 2A SEWAGE SERVICE SANITARY SEWER SEPTIC TANKS 107 eallons Der day Per DEP and Public Der capita Health DeDartment Reeulations SOLID WASTE Generation Der capita; 7.13 lbs Der day 7.13 lbs Der day Collection: Twice Der week Once Der week DRAINAGE 3 day, 25 year event 3 day. 25 vear event WATER SERVICE POTABLE WATER WATER WELL$ 191 eallons Der day Per DEP and Public per capita Health DeDartment Reeulatlgns RECREATION AND OPEN $PACE 3.7 acres of imDrove¢ neiehborhood and Park and recreation community Dark-s facilities will be located Der 1.000 permanent to serve the entire city _ residents DoDulation. and in most cases will be in the urban area. PUBLIC SAFETY Fire /EMS 5 minute resD_ pri$e Reauire well - based time to 90% of all sprinklers for all calls. on a district basi$ structures: fire service with tar ker trucks: 8 minute averaee resD_ once time, Police: 1150 service calls Der officer Zone Datrol based oil rural Der vear: crime control strateeies Community Policine PhilosoDhv CAPITAL IMPROVEMENTS 6/98 9 -5 EAR -Based Amendments Ordinance 4, 1998 Policy 9.1,4.2.(b): Public safety level of service standards are not a formal component of the concur my management system required by Rule 9J- 5.0055, FAC, however, the City will monitor the standards during the development review process. Any project that necessitates expansion of public safety services beyond those provided in any given fiscal _year, shall be required to participate in the burden of expanding police and fire /ems services to serve the subiect proverty, or shall be phased consistent with City plans to expand such services. Public safety- facilities and/or capital eauipment that will provide the proposed development sufficient services based on the LQ$ for police and fire /ems facilities may be required pursuant to a Developer's Agreement. Public safety facilities and/or capital equipment dedicated to the City pursuant to a Developer's Agreement shall be credited against impact fees. Policy 9.1.4.2.(c): In 2000, the City shall evaluate and consider adopting the ideal facility standards as a component of the parks and recreation level of service standard and concurrencv_ management system. Policy 9.1.4.2.(d): With a super- majority vote of the City Council, alternative service mechanisms or provision of services at `urban' levels may be approved in the rural service area. TT) A L.'T`T!- f- TT)!"1T IT A rin T 1 l%{ -11 1 Ili t.l l\%- V Ll 1 1 1 V 1 I- :t:a_, T_._.. r !l0 C _ n,_._1_ n__:.,A :_ T11 1_ 0 1 acLLL ._._., ,� Ly 1YPC LVU 1V1 1 Lrun 1 Lr11VU 111 1 \rut\ ZicaJVIl li1Ly VV11Lr\rLVl LJ DlrV Ullly 1..V11Lr LrLVI i`,..._a_. A..a.. 171 l Gu11Ly C-LL LLLLLLI D 0a._a._ A.r: A ..a.. _:...1 r.' Vlul\r Iva 111V1 L71 LLrllul E DU LULL. 1 1111Lr1F/ul AlLLrllul 1J T :...,.:a A A ,.,.,.,.,. L'._... L1111IM -%A !1\17\ ,3a L aCility D 0 A ATT T A n V UrL TYY 7 E t 'Tn �.. 11 .. _.. / V gu11V11J/ uuy / L.u�Jlla 0 l'%T TTl Al I A 01717' UV LlIJ YY �1U l L 17 fl. 11 it- vu►vusL. - 1.V✓ lv. /uuylcaplta 1= %4c MIS - 1.10 1V. /uuylcapita DRANAGE Tl,._.,.1 1 n ----- ? A_ . 11C LLrYLrl V1./111Lr11LJ �lLrullrl Lllull 1V CLLrl LrJ - J uuy, G. _y\r LrYLr11L 1._..,_ aL,__ 110 ._ 1 A.__. LLrYLr1V1./111Lr11LJ Icss L1laln 1V uLrl LrJ - 1 lauy, LJ -y L.u1 �rYLrlll nl1T A n T T Al I A TTn 1 V1[ -LLLL YY[ -L1Ll\ /!- Su11V11J/ L1uy! LrurllLa T)T/"1T)T A TTl1AT A ATTI 11nrKT On A 1"17" , 1W 10 11 L11 U1 !"LIrL T.Y__.__,,..] :�LL,._L .. ._.] .__.t 1111rLV YLrLI llLrlg_11VV111VV11 Land \rV1111LJLUL11Ly ruL11J 13VVV J/\r1111uL1V11L 1 LrJ1LiLr1LLJ. CAPITAL IMPROVEMENTS 6/98 9 -6 EAR -Based Amendments Ordinance 4, 1998 ni rnr rn o n r - rr l VLLIV 17!11 1...1 n� -'n..l ni C nnGC /1 \/ \ C A n 1 L.1 1 \UL\. /J -J .VVJJ` l4 �, 1 'Al- LL 1J 11VL LL%,%,bJJUl.' L1IUL LIM, 1L.YL.1 Vl 13\.1 Y1L.\. JL4L1L141L .3 L.JL4V110llbU 111 IYUI a_, r1 %111 11 L VI '11L. l UVIIL. Ju1L.'y L1L.111L.111 V\. 111'..L FJ11V1 LV ul\. 1JJl1LLllt.\. Vl U ua.YL.1VFJ111\.11l Vlu\.l 411161 FJL.11111t. Policy 9.1.4.3.: The City shall, consistent with Section 163.3202 (1), F.S., udGpt ar. Vll�1111411VV maintain regulations that will allow phasing of a development and issuing of a development order for projects that are phased to ensure that the necessary public facilities and services are available prior to the completion of the proposed development. Policy 9.1.4.4.: Certificates of occupancy will be issued only after all required public facilities needed to meet the adopted level of service standards are in place. Policy 9.1.4.5.: As a result of the annual capital improvement programming process in which a previously scheduled improvement project drops in priority and was the basis for the approval of a development order, affected developments may proceed subject to the requirement established in Policy 9.1.4.4 above. No such previously scheduled improvement project shall be removed from this element's Schedule of Improvements or delayed more than once unless it can be proved the need no longer exists. Any delay in the funding of any scheduled improvement shall not exceed one program year. Policy 9.1.4.6: The City shall limit its total debt service expenditures to no more than 20% of torsi revenue and limit total outstanding indebtedness to no more than 10% of its property tax base. :;. L.1l�..:11 __.:aL:_ _- ._.__ - C..a....._ : __ _4r11__ !�,..,.,.__...L nl-- ..,.a..l_1:,_L, ' YY111, ;;1{.11111 V11%, Y%.ul V1 4UVFJ'1V11 V1 L11L. t.V111FJ1 L.11L.11J1 Y',. 1 1411, L.JLLi1J11J11. 1\ 7 :_:a..a:._._.. __ aI--. . ,_C_.__.._..,.:,_ L.__a,. - - f'+ -a,.l A-La 1) LL1111L4L1V11J Vll Lll\, UJL. V1 1V Y\.11'aL. VV11UJ 4J U FJ L.1 \. \.111 Vl LVLLil'1\.VL. 7\ 1\d.._. :.,,,....Y ..,_a:._ ...rl -. -1 A-La a.. a..a,.l ^ L.) lYlaxAm.u11114'1V Vl LVLUl uL.VL LV LV'ul 1\. YL.11l.FL.. ULaL.._a:_._ .- `...a_. L...... J f 1Y14A1111 u111 luL1V Vl VuLJ L411U111� 111ULuVLL.UIIL.JJ LV FJI VFJL.I L�' LGLA v4JL.. AN n... 1:..: ,_,. C - aL... _ _I._.. `.._.. ,..._a ,._a - ...1 ._C .. _._:a..l Tf 1 V11 L.1L.J 1V1 L11L. rCP'L;A \.111\.11' ar. 1L.11L. YY 41 Vl L.LLFJll41 14\.111 L1L.J. Policy 9.1.4.7.: The City shall evaluate proposed plan amendments and requests for new development or redevelopment according to the following guidelines as to whether the proposed action would: 1) Contribute to a condition of public hazard as may be described in the Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Recharge (Infrastructure) Element, and Coastal Management Element of this Comprehensive Plan; 2) Exacerbate any existing or projected condition of public facility capacity deficits, as may be described in the support documents of the Transportation T:u °r; n..ii -a l"atiGn Element; Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Recharge (Infrastructure) Element; Public Safety Element; and Recreation and Open Space Element of this Comprehensive Plan; 3) Generate public facility demands that may be accommodated by capacity increases planned in the 5 -Year Schedule of Improvements; and CAPITAL IMPROVEMENTS 6/98 9 -7 EAR -Based Amendments Ordinance 4, 1998 4) Conform with future land uses as shown on the Future Land Use Map of the Future Land Use Element of this Comprehensive Plan. CAPITAL IMPROVEMENTS IMPLEMENTATION This section addresses public facility deficiencies for which the city has financial responsibility in accordance with Rule 9J- 5.005(1)(c) and 9J- 5.016(4), Florida Administrative Code. As discussed in the other elements of this Comprehensive Plan, there are only limited facilities for which the city has financial responsibility. These include all local roads and two collectors, a limited drainage network, police, fire /ems, and recreational facilities. Major transportation links and potable water, sanitary sewer, solid waste, and drainage systems are under the jurisdiction of other public agencies. Thus, while some of these systems have existing and projected deficiencies, they are the financial responsibility of other agencies. As a result, these system deficiencies will not be addressed in this section. :: alkic C li- cu;atiGn Transportation All arterial roads within the city belong to either the county or the state. The city is responsible for only the local streets and two collectors. ':orlc Only one of these city facilities have either an existing deficiency or a deficiency projected within the next five years. As is discussed further in the Transportation Element, Burns Road cannot be expanded to its planned cross - section until I -95 is widened and the Burns Road underpass is of a width appropriate for a 4 -lane collector. This 1 -95 improvement will not occur within the next five years, therefore Bums Road is a temporarily constrained facility. The only expenditures necessary for the city -owned street system are ongoing maintenance. The maintenance costs are covered under the operations portion of the city budget and do not meet the cost threshold ($50,000), established by this Comprehensive Plan to be classified as capital improvements. The City's traffic standards, concurrency management system and the Countywide Traffic Performance Standards require deficiencies and needs to be met prior to additional impact. Should project - generated roadway needs occur in the future, the City shall require as a condition of approval, all improvements to be programmed for completion or be carried out by the specific development(s). Sanitary Sewer and Potable Water The potable water and sanitary sewer systems within the city are owned by the Seacoast Utility Authority (Utility Authority). The Utility Authority was previously under private ownership but was 1cccl-Illy purchased by a consortium of cities, including Palm Beach Gardens, and the county. However, the Utility Authority is a separate entity with its own revenues, expenditures, and staff. Therefore, the City of Palm Beach Gardens has no fiscal responsibility concerning the operation, maintenance or expansion of the potable water or sewer systems. CAPITAL IMPROVEMENTS 6/98 9 -8 EAR -Based Amendments Ordinance 4, 1998 Solid Waste Through the use of an independent contractor, the City of Palm Beach Gardens provides residential solid waste pick -up. However, under statutory agreement, all solid waste generated in the city must be taken to facilities owned and operated by the Solid Waste Authority of Palm Beach County (SWA). Thus, the city has no financial responsibilities for any solid waste disposal facilities. Drainage Surface Water Management The city owns portions of a small drainage system located in the oldest portions of the city. No existing deficiencies have been identified, as the existing development meets the established level of service standards. While the areas served by the facilities are almost builtout, any redevelopment or new development will conform with the level of service standards established for new development. Therefore, no deficiencies are projected. Sub -basin drainage studies and post- October 1995 flood system assessments may identify improvements needed to maintain level of service. A few of these improvements may be needed in the City's limited portion of the surface water management system. T :c At this time, the only expenditures necessary for the system are ongoing maintenance. The maintenance costs are covered under the operations portion of the city budget and do not meet the cost threshold ($50,000), established by this Comprehensive Plan to be classified as capital improvements. The remainder of the drainage system in the city is under the jurisdiction of the Northern Palm Beach County Improvement `:'"tV C ContrGl District (NPBC` :'%ID) who is responsible for the system operation, maintenance, and expansion. Existing development conforms with the established level of service standards, therefore, no deficiencies have been identified. All future development areas of the city are expected to be serviced by NPBC`:'CID systems. These systems shall meet the level of service standards for new development. Recreation The City of Palm Beach Gardens is entirely responsible for providing recreation facilities to residents of the city. The county provides some regional facilities in areas near the city; however, the recreation level of service standard established by this plan includes only city -owned neighborhood and community facilities. Therefore, the city is solely responsible for insuring the level of service standard is met. Table 7 -45 in the Recreation and Open Space Element Support Document of this Comprehensive Plan indicates the city will have needs for additional improved parr land during the next five _years. _.:,I i avC a 1 6 c ..0 -0 .... Yi_.- :_ 19nc As discussed in that element, this deficit is to be made -up 4 YY 111114YV Gl 1V.V G141V Jill 111J 111 Lll✓. through new development dedications and fees collected through the recently enacted a prep GCd recreation impact fee, t:, IMC The recreation impact fee is to be designed such that all new development will contribute land and/or funds at a level necessary to maintain the CAPITAL IMPROVEMENTS 6/98 9 -9 EAR -Based Amendments Ordinance 4, 1998 adopted level of service of 3.7 3.5 acres of park land improved with recreation facilities per 1,000 permanent residents. Table 9A indicates the amount of acreage and expenditures needed to address the projected parks and recreation deficit. As the table shows, there are some land needs beginning in the _year 2000. This deficit may be eliminated through the improvement of an 8 -acre parcel on Howell Lane that was dedicated to the City for recreation purposes, _yet remains vacant. The City also has a 9 -acre parcel which it just purchased on Lilac Street which is being planned for recreation facilities Improvement of this site will eliminate the projected deficiency in 2001, and reduce the need in 2002. is •_no L .... 1..,. ..: a: «._ :- A— ... L --.. -L aL. 1 nnC _. *aL,....a a: « 1 lJ L.11V Ub11 Jul t.Jlu3l Xla LlllE, 111 Ll1L. VIL.' LV L,uil Y 1L Llu VL bil L11L, y1,C11 1J /✓ VY1L11VUL LLlly L11u1L1Vllul imip cmicr `� The acreage needs are calculated by multiplying the projected population for Lun 1111 IV Yl,l I1l.1IlJ. each year by the adopted level of service and then subtracting the inventory from the previous year. The population projections are for the permanent population as shown in Table 1 -1-2 of the Future Land Use Element. The precise location of the proposed park improvements cannot be shown at this time since the park sites will be acquired and developed as the vacant land is developed. Almost all of the park improvements shown in Table 9A are expected to be located east of the Florida's Turnpike with a majority located east of I -95. All of the recreational improvements as shown in Table 9A, are consistent with other elements of the Comprehensive Plan. The cost per acre presented Table 9A is calculated by adding the projected land costs plus improvement costs. For the purposes of this calculation, land is estimated to average $60,000 per acre and improvements at $95,000 '0200,000 per acre for a total of $155,000 y2�01,010100 per acre improved recreation facilities. The land costs used herein are based on the average value of an acre Of land within the City. 11.1, L.11L 1LU1LL LLV11uL1V11 LV Li t%, <., Ly 11\11,1 "J.111Y "Ll, 11,J1ul,l1 L1L11 UI,Yl,1Vr/1111,11L. The facility improvements costs are based on the estimated development costs of an acre of park land according to calculations derived for the parks and recreation impact fee. Gf u huge k3� ; acre) :a_. ....1. (ALLY :.....L..].. 1.....,7 ,.1..,...:«� L..11C..1.1.. ...w,. ..a:..'« ,. «a.... ..1 1,V11u11LU 11 L�' Y�i\ 1111 1111,1uuL, luau L,ll, ul lllr,, VU1111L.1UJ, VVLIl LJ, u ll, l,lV "uVll Vl,llll,l, Jvv lllullluls �JVVl, l1... .... «�I .. .._ ........,. -A «..- 1.: «,_ T---- ..,.a:.Y ..a.... ..La,.: «.. ,] l_.. .- ..l:a:.... :« T11 -1_Y Layg1Vund CqulptJlllCnt, CLllu J.JUlilll/b. 1111,JL, L,J L1111u L1,J vv L,1 L, VVLU111L,LL 11V111111LU11L, FU11L11,0 1111 "lull D..,. ,.L n.,.. «a y' including the L- LLy 0C Pa .,.,. BcacL �.._.1� «.. Depending on the amount of land and "Cacti VVU11L 111L,1ULL111 L11L, Vll V1 111111 LJ L,UI,ll V "1 LL1,11J. number of facilities obtained and improved at any one time, economies of scale are expected that may either reduce or exceed these projected costs. Q: «.... aL �. «......1 ...7 - ..........a:..« C ..:l:a:..., .. a,..] a.. L.. .],._.,..1,._ «,.,1 «..-a ..0 .. 1.. -..... ,.....1.,. LJllaw Lill, 1lL,L,uL,u lL,L,ll,uuV11 luL,111u1,J ,.:%, �,n�JL..%Ll.0 LV vL, uL,vl,1VJ./L,LI w7 I.1cuL Vl 11%,vY 1LLlSL,- Ja,cua, ,7......1...- _..�... -a,. aL,.:_ 1.......a:... -.. .. «�7 ,._.. .. «1._..,....« ..a aL:- a:... - TL- ..:a_. ... ...-ai_. LPL _..1 UV YI,l Vk.11111,11LJ, Liici 1,3cations Lulu J1LV a c Uluv1VYY11 uL L111J L11111,. 1111, L,1Ly 1, LlllL,11L1�' llas scvcral «a .. -.. « aL,. __-L,_____ ...w:..« ..CaL,.. -.:a_. aL..a .. .1 .... :� ..a...l F - _ :,1 ._ «a:..1 .]...«..:a: _ Y "l,GLL1L LLL L, "J 111 Li1L, 11V1 LL11,111 rJVl L1V11 Vl 11L, L,ll_' Lll "L LLLL, LLI,Jl�ll "LI,U 1V1 Y "11VUJ 1L,al%A L1LL L %A%,11J1L1b0 T .. «..1 TT__ 1k4__ Ta aL ..,. ,. .... ,. aL ..a .Y ....a ..0 aL.. «........1 ,..1 - ,...a: ..-. Vll Lill. 1 L1LUll, LLL11U %JJL, 1Y111�J. 1L 1J 111 L11c3c arcas 111E 111VJL V1 L11%, 111,1,LL1,LL 11,1,11,uL1V11 11\+111 L11,J ..tc%JA a,. L,. ,. ..a......a,.,.l TL.. 1.. «.7 ... :11 uiV VA�./l, I, LL.,LL LV VV L,V 11J Ll u%,LL,u. lull, 11111" Y111 Vl LL1L,1 UV 1111, l,U�' Ul,U1L.,uLL,u V�' UI,Yl,1V�1111L,11L 111 Lill, 1:.... ..Cl .... .__ .._ L..,.....1 L.. aL,. ..:a_. _..:aL r--- .....11....a,.,l �,..,,,, .].._.,.1 .. ««.... «a.. al..,..,...L ,._.a aL -- ,.:l.0 111 lll,ll V1 1l, L,J Vl JJLlll,llual,u V.' L11%, L,1Ly YY1L11 ll,l,J L,V 11L,L, LL,LL L1V111 UI,Yl,1V1J111L,11LJ Liu VUr11VUL Lill, OL.._.1A aL- - - - L.- .7 .._...1 .. «....1 - 1.. --- T)1.. « «.....1 /.- ._Y«.... «:a:..._ - .,:1,._ a.., a1__ T)!1A V11VUlu Lull, Ll1l,UO VL., L1l,YL,L%JF%,lA uJ V%,ly 1Lus , l 1LL1u1L,u l., Vllull Ullu Ul,J, Ji11111LU LV L11%, 1 VL-1 AT,.a: ... -..1 .].._...1,- ._..„,. ,_..a aL.. 1..._.] a,. «,. a: ,. «,. «.._..L,. ,..... .. 1:1.`.1_. a... L,. :« ...Y +„ CIn IlrAL1Vllul lll,Vl,1V�J1111,11L, Lill, L"11LL uV11U11V11J /rl L.11 l,ll"JI,J arc 1111%11.' LV Vl, 111 LLi11VU11L0 Vl JV "1,11,J Vl gamer. Larger -sized parks are more in keeping with the city's current desire to develop more large - scale, full service community centers. The City is currently working on a parks and recreation master plan which will identify future park sites and desired facilities. The loss of the municipal complex park and recreational facilities contributes to the ongoing capital need. Table 9 -4 identifies the ideal level of improvements that the City would like to offer to its CAPITAL IMPROVEMENTS 6/98 9 -10 EAR -Based Amendments Ordinance 4, 1998 resident$. These are objectives which are u$ed for facility planning and annual budeetine purposes The Citv wpuld like to be in a situation where it can adopt these objectives as formal level of service standards in the comprehensive plan. Until the facilities that are eliminated due to the municipal complex are replaced, the City is not prepared to formally adopt these objectives. Public Safety The Future Conditions section of the Public Safety Element Support Document identifies fire stations, police facilities and equipment that will be required as capital projects to maintain the adopted levels of service as Palm Beach Gardens develops (Tables 10 -4 and 10 -8). These level of service standards will not be a formal requirement of the concurrency management program, but will be evaluated during development review.. Approximately 7'V'/'U 61% of the City is currently vacant or undeveloped. The development of these areas, with the inclusion of parcels through annexation, will necessitate additional public safety services and facilities. The City shall undertake measures to ensure that adequate land and equipment is available for police, fire and emergency assistance facilities to serve its current and future residents. The Police and Fire Departments are funded primarily through ad valorem taxes. The use of impact fees is the preferred method to ensure that new development offset the need for public services created by such development. A .- .- .. ---: -- ,.l T..L1- n A ..L._._... - ,. r...] - ._..1:,.._ --A r_- .. a:_._ - -.1 /7JJU11L1L16 11V 111Uj V1 L,UPILUL iilvt.Jili ll.iliJ, luVll. J -T J1IV VVJ �./i vJia,ll,u -j.JV llw culu 111\, v1Ja:.i callal� c 1l L.uYl'...1 C r,1:a..-.... C r tL...,. r C._.- _ ., .1 17,..- ..�_ -_1 .. -,] .. ,. L.._.._ L.___ ._ ,...1 LUl <,Ar!\,11u1LLU l.J &%J Lill, 1lC, 11 V%,- .Y%."1 t/L.11vu. l \.1JV1u1L,1 Culal UF%1ILLLI1lr, %,VaLa 11uY1. Vwll \,Jiilllul\,u ,:aL ,. �t �rnoi -a CO/ ..�:_.�t_. n.._:.,.t _ ....... ,.�_a _ .:.L .. Coi ..1 VY1L11 arL a Llluul 111L,1\ asc Vl J /U Culp ✓ /V, L%.apL„L.Ll Y%,1J'. I.,CLr/1L`L` F1VJL,L.LJ GU%, FL%Jj\,L,LL,%4 YVILU U ✓ i V uiuiuul ._.]:..,.a.�.. -a TL.. C: -.. 71,.- ,..w- ,....,.a on mn C. ,_.. _,, A:,.- t.._.,. aL- - - :�.: -- ._rti_.- uL1J u3tm. nL. 111L, 1 irc'"CpU1L111cnt V// /v 11gurc %41sp1uJ'J ul\, "%,L.1L11JLL1V11 Vl LYYL! L,11�111<.J. Additional capital expenditures will be necessary to maintain the adopted levels of service (Table 9A6). These have been projected based upon the adopted urban level of service standards of 1150 service calls /responding officer and a 5 minute response time to 90% of all calls. Response time is measured as the time from receipt of a dispatched call until the first due unit arrives at the scene. !' TL_ ,„ /T,L1- n C\ ,1.1.a_1 L_ vV11p- cl1L- Jivc P1C«1J PGpulatio- 1 ilVjcctiGns. 111\, L.CLrl1LU1 11L,\.uJ `1CLV1V, / -Jf CUL., b41L..UluLL,U Vy ..I.:- I_.:. -._ aL._ r-- ._._,.L _ - L_. lilulLlr/a J'llls U1L.. �J1VjL. \. LL..0 L- T 1-%0 aL.- Y 1- ____3 L_ aL__ F%JFU1CL1V111VL Y%.11 Vy 111L. Lvv, u1%111 lllulLll1J111r, L11uL u Vy L11L. 1r �` _ Cap-I "1 co Police and fire capital costs have most recently been estimated for Palm �.J LllllULt.0 \, CL LLUl \,VJL. nT L —: �t Beach Gardens In a "Fire/EMS, Police and Park Impact Fee Study" 1 VL,11111L, 41 111L,111V1CLllu LLill Vll LL1L.• .�L:`L I%J%s tc ; u.cu:utc Il�lruct Fccs" prepared by James Duncan And Associates, May, 1997. J =c:; CU11L,J r XT: ._L .t,., T LT1 r (,._._L 1 nnn These costs are expected to be met by fees collected through 1.,. 1 T 1\.L -1CLJ, 1 111/, W 4- -11, 1 MI A. proposed police and fire /ems impact fees. The new station needed to serve District 3 is expected to be funded via a bond issue. Should the bond issue fail, the City will need to fund this capital proiect with eeneral revenues which will most likely necessitate a tax increase. A Distrct 5 station will also be needed in the near future. At this time, a need for this station is not foreseen in the next five years. Development proposals may impact level of service and necessitate the need for Station #5 sooner than the City's capital program budgets it. In this case, a developer will need to contribute the needed fire station. CAPITAL IMPROVEMENTS 6/98 9 -11 EAR -Based Amendments Ordinance 4, 1998 %.t II ..- CU ...._.L:..L... LII ,%,X 1 VIlV\. U114 1 ll, 1l1ltJU6r1 1V VJ YY 111 UV 1111r1LL4\.4 111 Ull V14111U11V� YY1LLV11 YY 111 �V UL.1 Vll,. ulV l.il ��' �V411V 11 L_. .L- - -A r In9l. LVl U4%JptlVll V y llll. t.11u Vl l / CAPITAL IMPROVEMENTS 6/98 9 -12 EAR -Based Amendments Ordinance 4, 1998 C ^` m y C 0 y L a as Z O R C CAS O � u � r �3 (� O W W O z g z Z C.i U U U U V U Q Q Q Q Q Q Q w w ri cr: w w w �I 10 10 0 0 0 0 0 0 0 0 N v1 v� v1 v1 v1 vi C C C C C C C C U v "o v v v -aa v .4 C) � o � o m as m qj v u u � u u cs V c a7 a" a• o- 1�.. V L L i�.n L Fri fn C VI C N C fA C A C aN+ C G E E G CC E cC C CC G � N d � N N N N L i r0.. 0 0 0 O O 0 E E E 70 0 O 77 O 77— O 7G 0 777-1 0 G G G W O z g z Z w �- w ¢ a w o U. d C N b L co v N a w O U ai 0 3 y L co N it N N � C/] H y > w O cu LL. aj LT- w w C C ..;. N 6q 6q bq 6Nq O O c`a x yam., > C o 43 c W O o O ca CD NO nj r ti •u N EA 6n 6q yq O p = c ci ... QA rA cu o °o 0 °o 0 °o 0 °o o p• [ 8i W c0 N O [i. of ° o, -° °0 = o .o °N 6q 6q o en cn .� 6q 6q 6q 64 co i ci a� .. oO E v V.I ° > V L i i i N 69 O (� O w~ � c H •� O H y OO ON C p I i N 6q p i � O •• O i N O 'b U � O F Y O _^ O l N U U L� U cn v Cr y v U cq 2- y j Z cOi No O E� Gi, c °" w m +, o �" Y rA O U 'U N a Vi U d u v E o ^ C N b L co v N a w O U ai 0 CAPITAL. IMPROVEMENTS 6/98 9 -15 EAR -Based Amendments Ordinance 4, 1998 •r_r.I_ n 1�a.a.uJ LV aviaaaalaul L%.VL.■ Vl LJL.I ♦!\. \. /JLallYal YJ Val 1n"I 1 "11 f"A far nllnT TT A TIe --- 1- -a :--- :- 1 A 0"I '� T nn .11 'f ^! 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L.U�JILUI 11Lr L..'A 1V1 111\. 111LLJL VV L.J L1111ULL.LL V11 U L.1LV- VV1LLL, VL1010. 11 LLL+YL,.1V�J111\.L1L, U11%1 LLI%, ..1a:.L._ ,. U,ka,L:,.- : ..a_.. a...] _ LLLILI l.lL 11 ._._..LI%J1. aL"L:._.�1.. I LrJULLlll� jJVr/UIULI Vll, t� L.V1IV L.LI LI ULL..0 Wlllllll u \.Vl LUlll kIVLUVll Vl U1L. �1L�', u JLUU VIIJ 1L..01./V110L. L1111L. T 11 l . LAL \VL uu Vl,a LL L11 Livv u L1ISr,L.1 u L1L. Y lUL.111 L�' 11L.VU. o_..___. n:a_. rn l y n_ L n_ _.]___ 11,r__. 1 nn7 VVUl\.L... %. Lq y Vl 1 U1111 1JL.UL.11 VUl LLL.11J, 1v1U_y, 11 JJ. T A "Ir it n ! A ALLii -1 AYUILiVlaal Vapltwal VVJLJ n� _a rT -..- iILLJI%J X%J%.11L111l6Y 191 '92 '93 '94 Inc A GLIC. # 1 ll\. \. - -- --- r.:__ ## 1 11 a. - -- - -- * al - - - Cu lu r \d r V11LL V# ��L lv 1,734.83 \.U�.: a C.l L t./L,.L 111V JLUL1V11 - Iy 1,V 1 V,VVV.V I n:a_, rn 1 n L n _-1 _ Tl YL _ lnnn L)LJ Ll1 L.\.J. L.1LJ Vl 1 Ullll 1..JL.UL.11 VUl UL.11J, L L. L.L.111LJC;, 1JJV 11-l- I__:....1 *R._.Y .. _...- .l...Y - aL_ A4-,L -A- a !'i..l ....1 _a,. T��....a L'...._11 L_. T____ 1CCIL111L.U1 Ll'1L.111V1GUlU Ulll Vll L11L, IV1L.L11VLLJ LV li U1L.UlULt. 1111j,JUL.L 1 L. L.J V.' JLL111L.J 1.T: 1 _1 It 4 _ L l nnn 1`I1L.11V1UJ, lv 1CUL.11, 1JJV CAPITAL IMPROVEMENTS 6/98 9 -16 EAR -Based Amendments Ordinance 4, 1998 Implementation Programs The most obvious tool to implement the Capital Improvement Element is the capital improvements program which the City will update on a regular basis. Additionally, in accordance with the goals, objectives, and policies of the elements of this Comprehensive Plan, the city will maintain or adopt new land development regulations and procedures to insure the levels of service standards adopted by this plan are met or exceeded_ by ::ay ;, 1990. These regulations and procedures will require that all public facilities necessary to service new development at the adopted levels of service standards are available prior to or concurrent with the impacts of the new development. Furthermore, the regulations will be designed to simplify and streamline the existing regulatory programs. The regulations and procedures to be maintained or newly adopted include, but are not limited to: • traffic (city road impact fees _yet to be adopted) and recreation impact fee ordinances; o revised development application procedures which require an assessment of the ability of existing facilities to accommodate proposed development; • regulations which permit the phasing of development in concert with the provision of necessary public facilities; o the preparation of a capital improvements budget as part of the city's annual budget to insure all facility deficiencies are identified and addressed; • an annual monitoring and evaluation process to update the capital improvements element and any deficiencies addressed therein; o the prioritizing of capital expenditures to insure facility deficiencies take priority over non - health and safety capital projects; • an assessment of the city's fiscal capabilities to schedule and implement capital improvement projects; and o an annual review of the Comprehensive Plan for significant changes in growth projections and/or facility requirements. These regulations and procedures are identified in more detail in the goals, objectives, and policies section of each element of this plan plus other sections of the text of this element. In all cases, the city will not approve development which would cause the public facilities addressed by this Comprehensive Plan to operate below their adopted levels of service standards. - CAPITAL IMPROVEMENTS 6/98. 9 -17 EAR -Based Amendments Ordinance 4, 1998 IV. MONITORING AND EVALUATION Chapter 163 of the Florida Statutes requires the Capital Improvement Element to be continuously monitored and evaluated. Therefore, this element will be reviewed on an annual basis to ensure that required fiscal resources will be available to provide the public facilities needed to support the adopted level of service standards. The annual review will be the responsibility of the City Manager, the City Finance Director, the Local Planning Agency, with assistance by the Growth Management Department and a C: %—GUZI .ii _: .pEVl_tcd t 111 GL -1J lAV 1J ory %_01111111 l.C4 . This group's findings and recommendations will be presented to the Mayor and City Council at a public meeting. The City Council will then direct staff to take appropriate actions based upon the review committee's findings and recommendations. The City, in conducting its annual review of the Capital Improvements Element, will consider the following factors and will amend the element accordingly: 1. Any corrections, updates, and modifications concerning costs; revenue sources; acceptance of facilities pursuant to dedications which are consistent with the element; or the date of construction of any facility enumerated in the Element; 2. The Capital Improvement Element's consistency with other elements of the Comprehensive Plan and its support of the Future Land Use Map; 3. The priority assignment of existing public facility deficiencies; 4. The City's progress in meeting those needs determined to be existing deficiencies; 5. The criteria used to evaluate capital improvement projects in order to ensure that projects are being ranked in their appropriate order of priority; 6. The City's effectiveness in maintaining the adopted LOS standards; 7. The City's effectiveness in reviewing the impacts of plans and programs of state agencies and water management districts that provide public facilities within the city's jurisdiction; 8. The effectiveness of impact fees for assessing new development a pro rata share of the improvement costs which they generate; 9. The impacts of special districts and any regional facility (DRI) and service provision upon the City's ability to maintain its adopted LOS standards; 10. Efforts made to secure grants of private funds, whenever available, to finance the provision of capital improvements; 11. The transfer of any unexpected account balance; 12. The criteria used to evaluate proposed plan amendments and requests for new CAPITAL IMPROVEMENTS 6/98 9 -18 EAR -Based Amendments Ordinance 4, 1998 development of redevelopment; and 13. Capital improvements needed for the latter part of the planning period, for inclusion in the 5 -year Schedule of Improvements. In an effort to make the annual Comprehensive Plan review efficient and effective, the Council will require it to be completed prior to the beginning of the annual budgeting process. All departments within the city will be directed to provide up -to -date information and to make staff available to assist in the review. Formal recommendations for Comprehensive Plan amendments will be made in conjunction with the submittal of the annual budget. CAPITAL IMPROVEMENTS 6/98 9 -19 EAR -Based Amendments Ordinance 4, 1998 PUBLIC SAFETY ELEMENT Goals, Objectives and Policies Goal 10.1: CONTINUE TO PROVIDE ADEQUATE FACILITIES TO ENSURE THE PROVISION OF AN EFFECTIVE PUBLIC SAFETY PROGRAM. Objective 10.1.1: .J:� Uhn MAU yUM vi allUPLAVi-1 vi LAILU3 X ICUI c U-11A ;l%, L -The City shall develo continue to promote alternative funding methods to ensure that riew development pay its proportionate share of the cost of providing public safety facilities, equipment and land necessitated by the development. Policy 10.1.1.1: The City prefers the use of police and fire impact fees as the method to more equitably distribute the costs for public safety services. Objective 10.1.2: Upon Plan adoption, the City shall provide public safety facilities in a timely manner so as to comply with the level of service standards set forth by this element and to maintain such compliance in subsequent years. Policy 10.1.2.1: The City shall provide an initial emergency fire and rescue response to all of the urban service area in an average time of 5.0 minutes or less. This standard shall be, met in 9Q% of all calls and shall be measured on a district basis. The rural $ervire, area shall knave, an average 8.0 minute resDon$e time. n_.l_.___ 1A i vlla,y 1v. 1•L,. b. 1111- %-ILy Jllall lllanualll 3u1111-11-111 JJV111-1- JA,13Viu`la.l LV a1-1111-v1- a laLIV Vl 1.J -V%-,-L Innn 1 �,J�/V11u 111 v1111-1-1J lvvv p0liulau0ll. Policy 10.1.2.23: The City shall maintain an acceptable service standard index not to exceed 1.150 calls per officer per year to serve the urban area. Community Policing philosophy shall be utilized in the urban area and rural crime control strategies shall be utilized in the rural area.. Policy 10.1.2.34: The Police and Fire Departments shall report the status of level of service standards to the City Manager on a quarterly basis. Policy 10.1.2.45: Per Rule 9J- 5.0055(1)(a), FAC, it is not necessary that the level of service standards established in policies 10.1.2.1- 10.1.2.3-4 be met priGE W URr iaauail%L, Vi a uw--iVJJlilcui oruCr auu for determination of concurrencv. but the City shall maintain and ensure that new development does not create impacts that exceed the established standards. (See Policy 9,1,4,2.(b)) PUBLIC SAFETY 8/98 10 -1 EAR -BASED AMENDMENT Ordinance 4, 1998 PROCEDURES FOR ACCOMPLISHING MONITORING AND EVALUATION REQUIREMENTS Introduction This report addresses the requirements and procedures that will be followed in the preparation of the required five -year Evaluation and Appraisal Report (EAR) for the city of Palm Beach Gardens. Section 9J -5.005 (7) Florida Administrative Code (FAC) has been referenced in T 1 A'�_. 1 1 nnA L- ..a �_ a .1__-- -_ T A Tl __.L :.L �_.- 1__,a.,- aL- I preparing this report. LJy 111a}' 1, 177'T, llll. L.1Ly 111U31, Pl VUU%A. all 1_:I-uX W llll.11 %, V alllaLbJ L►1G 11. Y 1JL.0 /'1 Tll­ L_ ­C i1­_.— A CC_: -- T__1_. '7 1 nOn �..VllliJl L.l1l.I1J1VL, L tall 3UU1111LL1.0 LV L11L, JLI%- Ja111111-11L V1 t.V111111U111LY Allan Oil JUly 1, 17U7. The City submitted the EAR, which evaluated the 1990 Comprehensive Plan. to the Department of Community Affairs (DCA) on August 20. 1996. The EAR was found sufficient by DCA in December. 1996. This report with any revisions will be adopted as part of the revised i989 1990 Comprehensive Plan, which will be transmitted to DCA in March. 1998. This rep_ ort will be consulted and followed in preparing the +994 2001 EAR. Citizen Participation Citizen participation and input will play an important role in the preparation and adoption of the EAR. After a draft of the EAR has been prepared it will be presented to the Local Planning Agency (LPA) in at least one advertised public hearing. Any citizens with comments on the EAR will be allowed to speak during this meeting. The LPA will then forward the EAR with a recommendation for approval to the City Council. The City Council must adopt the EAR in an advertised public hearing within 90 days following receipt of it from the LPA. Following adoption the City Council will then forward the EAR to the Department of Community Affairs (DCA) for their review. Data Update Baseline data used in the preparation of the plan will be reviewed. The EAR will recommend which data should be changed, updated, added, or deleted. In addition, measurable objectives which were to be followed during the preceding five years of the plan will be reviewed. Those objectives which need to be revised will be identified. MONITORING & EVALUATION 2/98 11 -1 Ordinance 4, 1998 Accomplishments All of the plan's goals, objectives, and policies (GOPs) will be reviewed and the degree to which they have been successfully accomplished will be noted. This information may be presented in the form of a graph or matrix. Negative Influences Obstacles or problems which negatively affected the degree to which some GOPs were implemented will be identified. These may be outside factors which the city cannot control, such as national economic trends or severe weather conditions. The potential for re- occurrence of these factors will be determined. Revisions to GOPS Following the identification of deficiencies in the GOPs or changed conditions which affected the GOPs, new or revised GOPs will be recommended. These will not become part of the plan but they will be considered and included as part of the plan update. The new or revised GOPs should reflect the negative conditions, accomplishments, and updated data identified in the previous sections. Monitoring and Evaluation The city's Comprehensive Plan is a dynamic document which needs to be continuously reviewed. As conditions and influences change, so should the plan. At least once a year, the plan will be reviewed in several ways. First, the baseline data will be reviewed including economic assumptions and financial information. This will include a thorough review of the Capital Improvements Element and any infrastructure improvements which have been made. Next, a cursory review of the GOPs will be made to identify any major deficiencies. If major deficiencies are found, the plan will be amended. Otherwise, any minor problems will be noted for inclusion in the five -year EAR. Finally, the Future Land Use Element, including the Future Land Use Map, will be reviewed for consistency with the rest of the plan and any land development which may have occurred. This effort will include a review for consistency with the city's zoning ordinance and other land use regulations. MONITORING & EVALUATION 2/98 11 -2 Ordinance 4, 1998 FUTURE LAND USE AND TRANSPORTATION MAP SERIES 12 -1 - 2 L! mill! 0.6'e, j oil' ij NVOR INS •li� � ,j rlrlry } ` i nvn� env i�nw i o � I y i i t ,i C-3- 1 I ,(yi. Syp II I9 1 N EE a3 m� :n, ogee U e o ad Y U om _.� I �PU >il•��nt nN�,. �w.uu .z. ., li 'I '�����` \\ \I'll I � .°.9 �+pa. r" ._g. .__ .1(y] is 'i III '. \ \\ - ..,r•" ty. §g -AI CK IT �T,( w 1r - S r"'. t\ q� Vii+ r�i Z ---s (•• \"_—t _ - �, . • . — OL ce I II I�,r•1 1 -2.I �v OI A C J _ N M Z, v Ov = d m E E co lk m�O[CQNF —�� T < c ' I Q A U 8 �i co 811 iA I \ , ♦ems � a '. ■ 1 MEMPUM NJ �.��'�• ir�t�.��� dl's +, ..�. � �. � . �..��j � . • � , '� 1� D . � —mow �� � � ;`���! � �. � .•.+mow �• �� s �'�'�' •� . • C �:t , j it, O it �_a , �.I� 77' 4- , ►'7!1 kl( r'r• •.• Y.,yyy. !I� JY {hi.11;r r !!•Y• yirJ.'J!r' .. • JJYI'Nr,y •� t,•y /' ••!�•Yh,.J ' YiW.M.'!' YJ{ JI %f�''y'�yy'v'��•n{�'n'��''�•� {;{Y,{.•• r? '�h�Y'�`f '� ' by y+' } }J +�'ly.{' rr•Y'' � y•' l•'�iy �l'���e }y';yl��. 0 ny;''4 ,.¢'r,; ✓ .'�,.r.. r�{ }?Yy�'+h,hlrfi:'•.},�.,+, lfrYl•n''4n JY;4 J ' j� = +-�•,h }�J. �..r,�ri',y�.,{'hyY ••'�•` •y� . yr,'{ •1' '¢,, ✓'? •' •' •J. J y r ,q .; y U' + ! . rJJJ;{{y ✓ � • • •M y ^Ti•' ✓' y''''Y;¢•yh yh,'Y j y �i'••;vti' '}�"•.''il' y • ' hY Oy. 1 '+. fy,11 !,.• •• }' lh, r. ,' '' , , A h ✓h•' yJ r •'i}.•'y� /.}+J• •�} �}r }� �h "�/! ✓ + y{ � '; , •'}g!� {;r!'i %y'��;✓i���!'yP�y•lhAy !y. •• •• h y, hy'�i'•!�!' �} W `,h�l'n,�•j{h •yh y I �.'�''•J ! ; ',•J' h •�! •I! J�{yy �' �A 4h ! ''�+ }Y'e yJ• r ! . r�, ,fir .� JI!' • huh.'' !'l�hny✓ '�{,r,� •' � ,rJ', }.yJ }�j,Jl,�+ �l�,•�!�'!�h''y}�yJr,4'?Y•J/ •hill ?r' �';?r'�! /� ✓,�1'}j },{.a�..J y{.Y;rA.�j'} y. ✓!r<f � rjjhY' 'Yr7:;;JJ: { • I,r✓J hY• y {''� .7JJ.Yhy.;• }��'�AY: { +y'.1y 7;,:�e...+:'} yiljfyY h li' hh'�! Jrh'!} ��ll;,lJ�;;± Y',.'✓,;Jy� };;;y . 4•''' .'%7s�{rJ'yrolrf'•+ ,�r•{`y�j� .{yi,�jl,�rl, y., •.. JJ jj; 4JY %. • ✓r �'l ' •` q'. ,. a `' } ✓ h,'' {, ✓h ✓yy r y •e. Ir• .',�N• 'i�,y'•.y y�• {'y'f', ,,� • �..., �f } {.1ih }JV {, �'� ,, L'" � ' J • •y'��'r i'�1 ''��'�,�•��1�;y",�; ✓' MI_�. ✓i6r...�v .•R '' Yy';y+}', { J• Ii v X `f y td c s4 it y td c s4 CL m 0 E CL, ■ + + Ii 9 IV, ii U. 1 L' -� � reo.nwn. •nl �� - II I �� � � �� I . , 17, . 5e'saiad iu�lwTx �a1 jc 1 � \ X c7 a m \ \ \ I I ii i I I � i s n! I 1' ICI k� O A C v 'a . r -,u•w x{.. � o o ; r E S 1 � w O ° E I X s0 0 al I I a i i I I � i s i V I c I t � a, 5PW N N Y 0 N E 0000 d t. I o N A t to p y N N t �Uvodt'� a" - -ao� g i=oc LL E �' •��� I. it t; 1� n! I 1' ICI k� O A C v 'a I 1 J V co � o o ; r E S 1 � w O ° E I X s0 0 al I I a i i V I c I t � a, 5PW N N Y 0 N E 0000 d t. I o N A t to p y N N t �Uvodt'� a" - -ao� g i=oc LL E �' •��� I. it t; 1� I 1' ICI C U O A C v 'a I 1 J V co � o o ; r E S 1 � w O ° E X s0 0 I x i. �{ X _ �� ... �� b 3 __ 9 i �I :6u _ cwT- I, ag i i I; i I 9 oJ`iU `o 0 z° z°z° 2OamOama® E2 o li 0 Q C) ;71 i I 9 oJ`iU `o 0 z° z°z° 2OamOama® E2 o 0 Q C) E= �i ;i I i �l 1 41 '1 c CL a� C .+ 3_ L �o O A U U0 � a C ° 1 TABLE 12A CITY OF PALM BEACH GARDENS PROPOSED THOROUGHFARE ROADS 1. Burma Road extension to Northlake Boulevard Reliever. 2. Fairchild extension from Northcorp Parkway /RCA Boulevard to Campus Drive. 3. Alternate AIA bypass (west of Alt. AlA) from RCA Boulevard to north of PGA Boulevard, connecting Military Trail turnout. 4. Gardens Boulevard from Alternate AlA to Prosperity Farms Road. 5. Flamingo Road from Prosperity Farms Road (Frenchman's Landing) to Hood Road /Alternate A 1 A. 6. Hood Road extension to Prosperity Farms Road. 7. Donald Ross Road extension from 69th Drive to Alexander Run/Jupiter Farms. 8. Alexander Run from Beeline Highway to future Donald Ross Road. 9. Coconut Boulevard extension from Northlake Boulevard to Beeline Highway. 10. Future 101st Street from Seminole Pratt Whitney Road to Coconut Boulevard. 11. Shady Lakes extension to 117th Court North. 12. 117th Court North from Florida's Turnpike to Shady Lakes. 13. Hood Road protected as six -lane ultimate section (Turnpike east to Prosperity Farms Road). 14. Florida Boulevard from Lone Pine extension to Central Boulevard. 15. New facility midpoint of Donald Ross Road and Hood Road from Alternate AlA to west of Central Boulevard and north to Donald Ross Road. 16. Elm Avenue extension to Hood Road. 17. Right -of -Way for I95 /Central Boulevard Interchange. 18. BallenIsles Drive extension north to 117th Court North extension. 19. Banyan Street extension north to Florida Boulevard extension. �¢ ��� �� O� �"�,.� ORC Response Document Palm Beach Gardens 98 -1 and 98 -2ER 9$ -1 6/15/98 draft No objections were received from the Department of Community Affairs. The petitioner for the land use change has responded to the comments from the review agencies (Attachment? Objection 42: Policy 1.1.1.3 - MXD density clarification. CITY RESPONSE: Additions have been made to the text to clarify that the 15 du/ac for Residential High applies to Mixed Use Developments: Mixed Use Development (MXD): The MXD designation is designed for new development which is surrounded characterized by a variety of existing integrated land use types. The intent of the district is to provide for a mixture of uses on single;- 1arge parcels in order to develop sites which are sensitive to the surrounding uses, desired character of the community, and the capacity of public facilities to service proposed developments. This future land use desigriatioq is also intended to foster infill and redevelopment efforts. to deter urban sprawl and to encourage new affordable housing opportunities. as well as lessen the need for additional vehicular trips through the internalization of trips within a neighborhood or project. To create a functioning. multi - faceted tvpe of development. mixed ige development is dependent on the successful integration of distinct uses. Integration is defined as the combination of distinct uses on a single site where the impacts from differing uses are mitigated through site design techniques. and where impacts from differing uses are expected to benefit from the close immediate proximity of complementary uses. All requests for development approval based on a mixed use concept must be able to demonstrate functional horizontal integration of the allowable uses, and where applicable. vertical integration as well. The following are the minimum criteria to be used for development of sites designated as MXD: 1. An MXD shall be developed as a Planned Community District or a Planned Unit Development. However, land development regulations adopted to implement this Comprehensive Plan shall include a maintain mixed -use supplemental regulations zoning disttiet to provide further criteria for the development of sites with MXD Future Land Use designations, including parking requirements, permitted uses, setbacks and other considerations. 2. MXDs shall have frontage on at least one arterial. The Citv's Conceptual Thoroughfare Plan shall be accommodated to expand ,the roadway network through the provision of new local streets which serve new neighborhoods in the Citv's develop_ ing areas. ailu siaii u%-, JLU1VU11LiLLL by li10iG u1Qil vile. IL GA1JLll1r, 1[1114 LLJL, Lyp_ v% 1m%,LL1Ul QbI.GJJ LV 1V1.Q1 JLI6GLJ J11Q11 11VL VG _.1 Z___ _�L _ A dVT Per.11L 1LGLL 11 V111 J1ltrJ Willi an MLA J UL.31r11aL1V11. 3. MXDs shall include a minimum of three (3 two (2) of the other Future Land Use Categories described in this element. Residential must be one 2 of these uses. unless it is determined by the Citv Council that the, proposed development meets the criteria below established to waive the residential requirement. No single use may comprise more than 60% of the area. Recognizing that mixed use proiects have varving characteristics. intensitv measures are indicated below which provide flexibilitv in terms of minimum and maximum land allocations. These intensitv measures apply only within MXD projects. However, -t The City Council may waive tfiis the maximum nonresidential height limit for employment center buildings located at the intersection of two arterials, provision 4—pGii a C' --l_ -- aL _a .L_ ._C .t__ TI X"-r % ,__a____ L_ a t___ 1111U111b' that L11G I1lLGlll V1 L11G 1Yll11J U1JLLM-L Can UG 111GL Uy Q UGYG1Vj1111G11L Il1G1LLUG a Jr1g1G W llll IGJJ 11Q11 L11GG us;-- L�kGJ. JLLGI GAGGkL1V 1IJ 1Qy V W1IGl /VGGUkJQIII V1 an GIILIIG UGJIb'l1Q lGU QJ lYlAI.J. A. Criteria for a Non - Residential MXD; The Citv Council may waive the mandatory residential reauirement for anv MXD that meets anv two of the following conditions; 1 The parcel represents in -fill develo_ment and is surrounded on three sides by non - residential land uses including. man -made and natural barriers such as canals and maior arterial roadways. 2 The densitv /intensitv of existing or future land uses immediately surrounding the parcel are compatible with non - residential uses. The adiacent surrounding planned and approved or existing built environment is over 60% residential. and non - residential uses are determined to provide for greater horizontal integration of uses. 4 Due to size or configuration of the parcel. the ability to provide an economicallv feasible. sustainable. integrated residential component that functions to enhance and complement the other MXD uses is limited. W B. General Mixed Use Future Land Use Category Intensitv Measures for Residential MXDr Land Use Land Allocation Lot Coveraie HeisEht Open $pace Min 15% Neighborhood Min 2% Max 70% Min 2 Fl commercial Max 30% Max 4 Fl Residential High Min 20% Max 50% Min 2 F1 Max 60% Max 4 Fl Residential Low Min 0% Max 50% Max 2.5 Fl Max 60% Employment Center Min 2% Max 70 % Max 4 Fl Max 30% $pecial Definitions: Neighborhood Commercial land shall be used for community- serving retail, service, office and business uses. At least 25% of the net building area shall be designated for residential use and shall be located above the ground floor. Residential High land in MXD projects shall have a maximum density of 15 units /acre as a bonus for consideration of planned, multi- faceted development. The area allocated for Residential Low land and Residential High land shall not exceed the 60% limitation, inclusive of both residential typeg. Employment Center land shall be used for corporate offices, research and educational facilities, light industry. hotels. warehousin_a. and similar uses. Employment Center lots shall generally be grouped together. 4 C. General Mixed Use Future Land Use Categ_orv_ Intensity Measures for Non - Residential MXDs Land Use Land Allocation Lot Coverage Height Open $pace Min 15% Commercial Min 0% Max 50 % Min 2 Fl Recreation Max 30 %o Max 4 Fl Commercial Min 0% Max 50 % Min 2 Fl Max 60% No Max Industrial Min 0% Max 60% Min 2 Fl Max 60% Max 4 F1 Institutional Min 0% Max $0 °/Q Min 2 Fl Max 60% Max 4 F1 Professional Office Min 2% Max 70 % Min 2 Fl Max 60% No Max Land Uses are defined as set forth in the Future Land Use Element, with the exception of special land allocation, lot coverage and height requirements specified for Non - Residential MXD developments. 4. The individual uses. buildings and /pr -D-developments pods within MXD develo_ments districts shall include interconnecting pedestrianways and plazas and shall provide connectipn$ tp the Parkway $_ystem. Nonresidential uses shall have an internalized relationship with the residential component and multi -modal accessibilitv. E Objection #3: Policy 1.1.1.7 - land use categories in which schools are allowable. CITY RESPONSE: The City has revised Policy 1.1.1.7 to provide better specificity. Further, the City is continuing to work through the Palm Beach Countywide Intergovernmental Program to develop model language which meets the needs of Chapter 163.3177(h). This will be forwarded in a future amendment package prior to the December, 1999 deadline. All public schools have been identified and designated P/I on the Existing and Future Land Use Maps. No future schools sites have been determined as of yet by the School Board. Table 1 -6 of the Support Documents identifies that schools are allowable uses within all residential areas. Additional text has been added on page 1 -23 which evaluates the amount of vacant land on which schools would be an allowable use. Policy 1.1.1.7: The City shall ensure the availability of suitable land for public and institutional uses (as defined on page 1 -3) necessary to support development by: L Designating land on the Future Land Use Map for public /institutional use. The City shall support and facilitate coordination of school planning with the $chool Di$trict of Palm Beach County for the location and development of public educatigq facilities. The City shall identify sufficient land to accommodate Public Educational Facilities as necessary to serve the current and projected student population. At a minimum, proposed school sites shall meet the State Requirements for Educational Facilities (SREF), plus a ten percent capacity flexibility allowance, and shall be sized to accommodate all needed utilities, support facilities and adequate buffering of surrounding land uses. 2. Allowing public /institutional uses in certain land use categories subject to limitations and locational criteria as identified in this Plan. Such locational criteria shall include the following standards: (a) Public/Institutional buildings shall be specifically prohibited in areas designated as Conservation and other environmentally sensitive lands, including wetlands, 100 -year floodplains, groundwater aquifer recharge areas, areas set aside by development to meet the 25 percent preservation of native ecological communities and wildlife habitats. New or Expanded Public/Institutional Facilities shall not be encouraged within the coastal area and shall meet the requirements of the Coastal Management Element. (b) Public/Institutional Uses shall be located in areas where there are adequate transportation facilities to support the proposed use based on the adopted level of service standard for traffic circulation. Preference shall be given to the location of such uses and facilities along City collectors and arterials as may be appropriate. n (c) Public /Institutional Uses shall uc;,s;ty/ be limited in intensity to a maximum lot coverage of 40% of the site and a maximum building height of $0 feet - VCTF.A.R. (d) Schools shall be considered as compatible and allowable in areas designated with any residential land use category (RR20. RR10, RVi., RL, RM, RH). Further, schools shall be considered `public /institutional uses' and be allowable within areas designated industrial (IND) and public /institutional (P/I) as low uc-si y cc;;uC Leal on the Future Land Use Map. Other institutional uses such as, libraries, sc .G;,;;, fire stations and government offices shall be considered compatible in medium and high density residential areas and all non - residential land use categories in which such uses are not specifically prohibited as cited in this comprehensive plan. Public /institutional uses may be permitted within all residential Planned Unit Developments and Planned Community Districts, $ubject to master plan aooroval and limitations and locational criteria as identified in this Plan. (e) Public/Institutional Uses shall be buffered from adjacent land uses and shall be set back from adjacent roadways. Buffering for noise, odors, glare and lights shall be provided. Setbacks shall be a minimum of 25 feet in the front, 15 feet in the sides and rear and buffers shall be a minimum of 5 feet. Buffers and setbacks may be increased depending on the characteristics of the proposed public /institutional use. Stadiums, outdoor recreational facilities and similar support facilities shall be located and buffered on the proposed site to minimize impacts on adjacent properties. Communication towers on school or other public property shall be consistent with the siting and safety criteria contained in the Land Development Regulations and shall rea_uire City Council approval. (f) Landfills, airports, wastewater treatment plants, universities and regional hospitals shall not be allowed in residential areas and shall require a comprehensive plan amendment to the Public/Institutional (P) land use designation prior to zoning and site plan approval. (g) Public/Institutional sites shall be capable of accommodating adequate parking and onsite traffic circulation requirements to satisfy current and projected site - generated vehicular demand. 7 Future Land Use Support Document, Provision of Urban Services, page 1 -23: The Palm Beach County School Board provides public educational facilities and oronrams for school -aged children on a countywide basis. There are seven public schools in the City, three elementary_ , two middle and two high schools. These are identified with public /institutional uses on the existing and future land use maps. Due to the School Board's racial balance objectives, City residents do not necessarily attend the school closest to their homes or even schools within the city limits. At this time, the School Board has not identified any future school sites within the City limits. However, a residential project currently under review is proposing the dedication of 32 acres for future elementary and middle schools. The School Board's five year facility plan does not contain any new or expanded facilities in Palm Beach Gardens. Realizinn the need for adequate educational facilities, the City has identified schools as a type of `public /institutional' use allowable in all residential, industrial and public land use categories. The future land use map currently contains over 10,009 acres of vacant residential land and 400 acres of vacant industrial land in which future schools can be accommodated and are allowable uses. Objection #4: Transportation Element deficiencies. CITY RESPONSE: Peak hour trip estimates were obtained by multiplying average daily trip counts by .093. While this information is equivalent to the figures provided and does not provide any new meaning or knowledge to the reader, it has been provided because it is a 9J -5 requirement. See Attachment B for a table of peak hour estimates. Further, Maps K, 2 -1 and 2 -4 have been modified vl_ to depict peak hour, as well as average daily counts. The major trip generators and attractors are already depicted on Maps N and 2 -3. Mass transit opportunities (public bus system) are provided through Palm Tran, a county agency. Information from Palm Tran on ridership and headways have been added to the support documents. Transportation Support Document, Mass Transit, pages 1 -19 - 1 -20: For the present and near fixture, mass transit opportunities have increased with the expansion of PalmTran. the County transit service. PalmTran has recently expanded its service from 68 buses serving 18 routes to 143 buses serving 52 routes. Four of those 32 routes will pass through the City's boundaries (see Map 2 -3). As it can also.be seen on Map 2 -3, each of the routes has the Gardens Mall as a destination, as well as other service and business centers, includine the Gardens Hospital. North County Senior Center, North County 8 Courthouse and Palm Beach Community College. Current ridership is summarizer) on Tahlg 2 -9, Headways of 30 and 69 minutes are provided, which, makes Palm Tran a convenient and easily accessible transportation alternative. The City has adopted policies to increase public awareness of this service and to promote the use of Palm Tran by City residents. OCT'97 NOV `97 Route 1 96,636 84,141 Route 3 40,671 37,196 Route 20 8,007 7,336 Route 21 5,813 5,333 Source: Palm Tran, Inc. May, 1998 MAR `98 102,711 46,667 8,935 6,212 APR' 98 98,056 42,342 8,162 6,425 Functional classifications of the existing roadway system are already mapped on Maps L and 2 -2. Maps xx and xxx have been modified to include functional classifications on the future roadway system. Reviewing the additional data and analysis provided to address DCA's Objection, the City finds that the Transportation Goals, Objectives and Policies fulfill the City's transportation strategies, as well as 9J -5 requirements, and that no modifications are needed. Objection #5: Policy 9.1.4.2.(a) - Beeline Highway Level of Service. CITY RESPONSE: Checking the MPO of Palm Beach County's `urbanization' map, the Beeline Highway, west of PGA Blvd is not `rural', but is in the `transitioning area'. The LOS for a FIRS facility in the transitioning area is C. The action plan for SR -710 prepared for FDOT by RS &H (State Road 710 Florida Intrastate Highway System Action Plan, June 12, 1997) identifies the projected traffic volumes and levels of service for years 2000 -2015. The Action Plan identifies that LOS C will be exceeded in 2010 and that the 6- laning of the Beeline Highway will be warranted. Excerpts from this Action Plan are included as Attachment C. The City's Transportation and Capital Improvements Elements have been revised to designate the Beeline Highway (SR -710) as level of service C in the transitioning area which corresponds with the City's rural area. Policy 9.1.4.2.(a): The City hereby adopts the following Level of Service Standards (LOS) and will use them in reviewing the impacts of new development upon facility provision. The Dual Level of Service Standards shall be applied in the respective urban and rural areas. consistent with the Urban Growth Boundary nhilosonhv established 10 TABLE 2 -9 Palm Tran Ridership Counts DEC `97 JAN `98 FEB `98 87,399 100,077 96,281 37,526 39,621 40,882 8,093 8,455 8,309 5,997 6,405 6,819 MAR `98 102,711 46,667 8,935 6,212 APR' 98 98,056 42,342 8,162 6,425 Functional classifications of the existing roadway system are already mapped on Maps L and 2 -2. Maps xx and xxx have been modified to include functional classifications on the future roadway system. Reviewing the additional data and analysis provided to address DCA's Objection, the City finds that the Transportation Goals, Objectives and Policies fulfill the City's transportation strategies, as well as 9J -5 requirements, and that no modifications are needed. Objection #5: Policy 9.1.4.2.(a) - Beeline Highway Level of Service. CITY RESPONSE: Checking the MPO of Palm Beach County's `urbanization' map, the Beeline Highway, west of PGA Blvd is not `rural', but is in the `transitioning area'. The LOS for a FIRS facility in the transitioning area is C. The action plan for SR -710 prepared for FDOT by RS &H (State Road 710 Florida Intrastate Highway System Action Plan, June 12, 1997) identifies the projected traffic volumes and levels of service for years 2000 -2015. The Action Plan identifies that LOS C will be exceeded in 2010 and that the 6- laning of the Beeline Highway will be warranted. Excerpts from this Action Plan are included as Attachment C. The City's Transportation and Capital Improvements Elements have been revised to designate the Beeline Highway (SR -710) as level of service C in the transitioning area which corresponds with the City's rural area. Policy 9.1.4.2.(a): The City hereby adopts the following Level of Service Standards (LOS) and will use them in reviewing the impacts of new development upon facility provision. The Dual Level of Service Standards shall be applied in the respective urban and rural areas. consistent with the Urban Growth Boundary nhilosonhv established 10 in the Future Land [J$e Fbmmt: PUBLIC SAFETY Fire /EMS 5 minute response, Reauire well -based time to 907 of All sDrinklers for all calls, on a district basis structures: fire service with tanker trucks: 8 minute averaee response time. Police: 1150 service calls Der officer Zone Datrol based on rural per vear: crime control strateeies Communitv Policine Philosophv 11 LEVEL OF SERVICE STANDARDS URBAN ARFA RURAL AREA TRAFFIC CIRCULATION Facilitv Tvoe LOS for Peak Period in Peak Season Neiehborhood Collector D D Citv Collector D D Countv Minor Arterial D D State Minor Arterial E E State Principal Arterial D D FIHS Roads D Beeline Highway D Excepted Links per Table 2q SEWAGE SERVICE SANITARY SEWER SEPTIC TANKS 107 eallons D_ er day Per DEP and Public Der capita Health DeDartment Reeulations SOLID WASTE Generation Der caD_ ita: 7.13 lbs Der dav 7.13 lbs Der day Collection: Twice per week Once Der week DRAINAGE 3 day. 25 vear event 3 day. 25 vear event WATER SERVICE POTABLE WAFER WATER WELL$ 191 eallons Der dav Per DEP and Public _ Der capita Health DeDartment Reeulations RECREATION AND OPEN $PAGE 3.7 acres of improved neighborhood and Park and recreation community_ parks facilities will be located per 1,QQQ permanent to serve the entire city _ residents Dopulation. and in mq$t cases will be in the urban area PUBLIC SAFETY Fire /EMS 5 minute response, Reauire well -based time to 907 of All sDrinklers for all calls, on a district basis structures: fire service with tanker trucks: 8 minute averaee response time. Police: 1150 service calls Der officer Zone Datrol based on rural per vear: crime control strateeies Communitv Policine Philosophv 11 Policy 2.1.1.1.: Level of service standards shall be as shown on Table 2A 2 -7 and shall be applicable to the urban and rural service arozs. Level of service for ac ►l►«Cs U11 «1%, 3La« a:lu L ii;eiway tl_ ; ---is FIHS roads will be measured utilizing the FDOT Generalized Peak Hour Directional ;.0 V C-1 Of ISC� V;--� iviaAnniii,i Volumes for Florida's %J �aY'Urbanized Areas (Table 2B 2 -8), or FDOT Generalized two -way Peak Hour Volumes for Florida'$ Urbanized Areas (Table 2C 2-9), or as calculated, by u-Ic City, utilizing the FDOT Florida Highway System Plan Level of Service Standards and Guidelines Manual (FDOT Manual) and the 1994 l ^'US Highway Capacity Manual (HCM) procedures contained in the $pecial Report 209, 3`d Edition, 1994.. Level of service for non -)~IH$ road$ that are part of the Countv thorouehfare system will be measured utilizing the volumes provided in the 1997 Palm Beach County Comprehensive Plan Transportation Element (Table 2D 2 -1M, or utilizine the methodologie$ provided in the TPSO. Level of service for city roads will be measured utilizing the service volumes and capacities adopted in the City's Traffic Performance Standards Ordinance (Table 2E 2 -11) or as calculate' ' l-c Ci y utilizing the FDOT Manual and 1994 1985 HCM procedures. VY 12 TABLE 2A: LEVEL OF SERVICE STANDARDS Facility Type Peak Hour Level of Service Standard Neiehborhood Gollectgr D City Collector D Nqn -FIHS roads that are part of the County Thoroughfare Plan: ,.____._. C_„ -_t__ D <.VLLlllr t.V11Gl,.lV1 County Minor Arterial D State Minor Arterial E State Principal Arterial D FIHS roads D Beeline Hiizhwav (Northlake Blvd tq CR711) C T ___ L1_1. cd Ccccas Facility D Excepted Links: State Principal Arterial: PGA Boulevard between U.S. 1 ', LOS "F " with 5$,200 daily and Alternate A 1 A; and between Alternate A 1 A and I- trips and 73,000 daily trips, 95 respectively, until PQA Blvd/Altemate A I A urban interchange is constructed. Interchanize improvement expected in Year 2001 -2005. See Policy 1.1.6.5. ---------------------------------------------------------- 4 --------- -_-------------------- State Minor Arterial: Military between Ngrthlake 1 LOS "F" with 63,900 daily Blvd and I -95 ; trips until December, 1999. -- ----------------------------------------------- 7---- - --'1- ----------------------------- City_ Collector: Burns Road from 1 -95 to Military Trail LOS "F" until 1 -95 is widened & Burns can be expanded. 1 -95 improvement expected .in Year 2011 -2015 13 Objection #6: Policy 2.1.1.4 and Policy 9.1.4.1(c) regarding de minimis criteria. CITY RESPONSE: This policy language is verbatim from the countywide traffic performance standards which are applicable in all of Palm Beach County. While it is the criteria that is practiced in the county, the policies will be eliminated per DCA's recommendation to resolve consistency concerns. Objection #7: Policy 6.1.5.6, Provision 4b. CITY RESPONSE: This is a good catch on behalf of DCA. The policy provision has been revised to recognize differences between the urban and rural area: 41), Wetlands shall be protected by a density transfer Drogram to upland areas. Where development occurs within wetlands. the develop_ er must mideate the function aind value of those wetlands. Development activities shall occur at a density of no more than one dwelling unit Der five acres in the urban area and one dwelling unit Der twentv acres in the rural area. shall be clustered to the least environmentally sensitive Dortion of the site and shall include design considerations to protect the wetland functions of the rest of the site. Consistent with SFWMD reeulations. a minimum 15 -foot upland buffer composed of native veizetation shall be Dreserved or established around wetland areas. Objection #8: Policy 2.1.1.9 - LOS E. CITY RESPONSE: It was not the intent to adopt LOS on state roads without MOT approval. The policy has been modified to specify that LOS E applies to local (county and city) roads: Policy 2.1.1.9.: The City Council shall retain the right to adopt LOS "E for local roads or specific segments of local roads within transit oriented developments, where to do so would be consistent with established planning practice in promoting a pedestrian/transit' oriented environment. Ariy changes to the level of service on county roads is required to be consistent with the countywide traffic performance standards ordinance. A county process (and potentially an amendment to the County Comprehensive Plan) must be undertaken to change LOS on a county road. Objection #9: Objectives 4.D.1.3. and 4.13.1.4 - measurability. CITY RESPONSE: As the EAR states, the City had conducted exercises to identify future wellfrelds and failing domestic wells during the timeframe specified in the original objective. No failing wells and no additional/future wellfrelds are known at this time. The City wishes to maintain these objectives as a 14 statement to continue to coordinate with the respective agencies as additional efforts are needed. The objectives have been modified to supply better measurability: Objective 4.D.1.3.: By 1992 The City, ' will continue to coordinate with Seacoast Utility Authority and the Palm Beach County Department of Environmental Resource Management, wni ;avc IUD -IlLlllcd in the identification pt e7risting and future wellfields and wi., ha c i-a6ui Feu the City will modify proposed land uses during the Citv's next round of amendments to protect the wellfields. Objective 4.D.1.4.: By- 995 -t The City will continue to monitor Countv Health Department reports regarding havc uct�-t►i-iia«u the facilities using on -site domestic wells that do not comply with state statutes. The City will contact the County Health Department and Seacoast Utilitv Authoritv on a a_uarterly basis to inquire about recently identified failing systems, and '-- -'- If identified. the Citv will _ _ wiii uavt, ucv�ivYc..0 assist the Health Department and Seacoast Utilitv Authoritv imp_ lement.a plan to provide approved water supplies to these parcels of non - compliance. Comment #1: Two Policies enumerated 1.1.1.3. CITY RESPONSE: Thank you for catching this duplication, the policies are being renumbered. The second 1.1.1.3. which encourages `linkages' has been renumbered to Policy 1.1.1.9. Comment #2: Mixed Use - Policy 1.1.1.3. CITY RESPONSE: The policy has been revised to specify that the 60% limitation applies to all residential uses regardless of density or product type. See revised policy in #2 above. 15 New Changes (Not Previously Reviewed): Modification to Policy 2.1.2.1. which defines the various types of streets to add flexibility for some roads to be private (vs. public) in the future. Policy 2.1.2.1.: The hierarchy_ of City streets and their functions shall be as follows: City Collectors - (example Burns Road) collect and distribute traffic from neighborhood to neighborhood throughout the City and provide back -up routes to the County thoroughfare system, may be greater than two lane and are always public, unless designated a private road pursuant to a PUD or PCD approval prior to the construction of the road. The goal is to have a network sufficient to maintain these roads at no more than four lanes. Neighborhood Collectors - (example Holly Drive) collect and distribute traffic within a Planned >Jnit Development or from limited access subdivisions, will be maintained as low speed, two lane public roads (unless designated a private road pursuant to a PUD or PCD approval prior to the construction of the road) suitable for fronting residential development, in$titutipnal or neighborhood commercial development. Local Roads - (example Buttercup) all other City roads, may be public or private. 2. Modification to Policy 2.1.6.4. which defines the width of parkways to allow flexibility for better quality greenways; and to recognize the newly designated portion of Hood Road as having a reduced parkway width due to existing constraints. Policy 2.1.6.4.7.3.: The designated rights -of -way for parkways shall be 300 -400 feet. The "right -of- way" may be averaged, with City Council approval, to include in the calculation restorers wetlands and upland habitat set aside on the site in order to maintain a native greenway and promote "linkages" of the natural environment, including wildlife corridors. Hood Road between Prosperity Farms Road and Central Boulevard shall receive `parkway treatments' within a 55' corridor. 3. Modification to Policy 2.1.3.1. which prohibits on- street to provide flexibility for future roadways which may be designed to accommodate on- street parking. On- street parking within mixed use developments, as well as other projects, may be desired. Policy 2.13.4.1.: The City shall generally prohibit on- street parking on all arterial, City and Neighborhood collector roads. On- street parking may be allowed, with specific City Council annroval and as necessary the approval of the agency having jurisdiction over said roadway, when the design of the roadway in relation to adjacent uses maintains safety performance standards and efficient traffic flow. 4. Modification to Policy 4.C.1.1.3 which establishes the level of service standard for drainage to allow flexibility. It has been pointed out that this policy, as previously written, was more restrictive than SFWMD criteria. 16 Policy 4.C.1.1.3: The level of service standard (LOS) for new development will be to have the finished floor above the flooding from a 100 -year. 3 -day storm with zero discharge. or as uermitted by SFWMD. including conveyance and retention/detention designed fora 3 day /25 -year storm for developments greater than or equal to ten (10) acres or for a 1 day /25 -year storm for developments less than ten (10) acres in size. Additionally, the LOS for new development shall require that off -site discharges are limited . to historic (predevelopment) discharges and retention /detention requirements shall be the first 1" of run -off or 2.5 inches x the percent of impervious area for the project, whichever is greater. if wet storage is utilized and 75 % of wet detention. if dry storage is utilized t c- 1/2" �f ury storage ;; ut ;;izcu. All of the above shall be in accordance with SFWMD Rules and Regulations, Basis of Review for Environmental Resource Permit (ERP) Applications olumc IV, 4anagcy ;.cry, ar,u Storage cf Sur ace ` au-io. The LOS for redevelopment shall conform with the requirements for new development. The minimum LOS for existing development shall be a surface water management system that protects existing finished floor elevations from flooding during a 1- day /100 -year storm." 5. Modification to the definition of Mixed Use Development (MXD) and Policy 1.1.1.3. to allow consideration for mixed use projects which do not have a residential component. The policy has been modified to provide criteria for Council consideration to use when determining that residential does not need to be included in a MXD, and intensity thresholds have been provided for non - residential MXDs. (See Objection #2 above). 6. Introduction of a new policy, Policy 3.1.4.5. to address special housing needs. Policy 3.1.4.5.: By January_ , 1999, the City shall undertake an evaluation of nursing homes, assisted living facilities, and other group homes, and amend the Land Development Regulations to add criteria which facilitates the development of such uses in the City. 7. Modification to Policy 6.1.5.6. to eliminate the fifth circumstance of item 4a. This circumstance had been eliminated from the Regional Strategic Policy Plan, which is the source of the policy language. 4a. Wetland habitats are set -aside as preserves, and development is prohibited in wetlands except under the following circumstances consistent with Treasure Coast Regional Planning Council Policy 6,6.1.1): 1) Such an activity is necessary to prevent or eliminate a public b?7.ard- 2) Such an activity would provide direct _public benefit which would exceed those lost as a result of the modification; 3) Such an activity is proposed for habitats in which the functions and values currently provided are significantly less than those typically_ associated with such habitats and cannot be reasonably restored; 4) Due to the unique geometry of the site. it is the unavoidahle consequence of 17 development for uses which are appropriate eiven site characteristics, or C\ TL_ ..;I 111G lUIRLlVl1J Q11U ♦QIUGA UIVVIUGU U♦ alacauv �.vulvlcl,cl♦ auu 1w1r a�ulaa,cu 1111UAL.L LV cA13Llllr MMUILQL. 18 ,,well ---3 L- L!a_a_ — L_ rrcLIMAU MMLYMMLw w L/G UGaLI V VUU dl F ---! -- — ----- -' - - -- _r .L— - - - - - -- l U1 lVl LV VL.L,Lil l G1lL.G. Vl LlaG Ul VUVAG•• Review Agency Qgncerns The City has tried to respond to the comments forwarded by the review agencies. Treasure Coast Regional Planning Council: Land Use Comment #1: The City refers to the concepts and images contained in the Strategic Regional Policy Plan, and at this time does not wish to establish those details in its Comprehensive Plan. The SRPP will continue to be utilized as a guidance document for examples of sustainable development patterns. Housing Comment #2: The City feels that the private sector is adequately meeting the needs of the community. Further, the City's plan is consistent with Regional policies to allow alternative housing types, work with non - profit organizations and provide housing for those with special needs. These ideals are furthered by Policy 3.1.3.3. - 3.1.3.8., and Objective 3.1.4. and its related policies. Housing Comment #3: The City feels that the use of the Residential High (RH) and Mixed Use (MXD) land uses adjacent to future employment/service centers will provide the mix of housing product and price ranges which Regional Goal 2.2 is calling for. Housing Comment 94: The City has considered this comment and feels that there is more that could be done to address special housing needs for the elderly and infirmed. The City is proposing a new policy (Policy 3.1.4.5.) which prioritizes a study effort to address this issue. Conservation Comment #1: The City has a policy to protect the Loxahatchee Slough (Policy 6.1.5.3) which is the headwaters of the Loxahatchee River. We don't oppose adding more specific language pertaining to ecosystem management, but we would prefer to wait until Palm Beach County and South Florida Water Management District complete the management plan for the Loxahatchee Slough ecosite. The majority of this ecosite is within the City limits, and while it relates to the overall River ecosystem, we would like to place specific criteria of more local concern into the Plan and Land Development Regulations. Conservation Comment #2: Policy 6.1.5.6 has been revised to eliminate the fifth circumstance from item 4a, consistent with the Regional Plan. Infrastructure Comment # 1: Actual use of water and sewer do vary among the different user types, however, the City and Seacoast do not feel that varying LOS standards will assist in water conservation. During its 1992 permit application process, SUA demonstrated to SFWMD that water conservation efforts had been effective. Data shows that there has been a decline in per capita consumption, and this is believed to be related to conservation efforts. We do not feel that there would be any material gain to be realized by separating out LOS standards. Water conservation strategies, however, are targeted to different users to implement the most effective practice for the use. 19 Department of Environmental Protection: Comment #1: There are no known 'tloodplains' within the City. There are some floodprone areas, but as vacant areas of the City develop and drainage infrastructure is supplied, these areas should be relieved of flooding potential. The October, 1995 flood was a result of the rainfall /stormwater exceeding design capacities. Improvements are being made to the system infrastructure which will decrease the chance of this type of flooding. Unavoidable wetland impacts and mitigation are addressed in Conservation Element policies. Comment #2: The adopted EAR identifies that this Objective had been fulfilled. The Objective has been revised to clarify that the City will continue to monitor for failing wells and septic tanks. Comment #3: Seacoast Utility Authority does not mandate `hookups' at this time. Since the City does not run the utility, we `encourage' connections (and require them through the development review process). Department of Transportation: 1. Several of the FDOT's objections have been addressed above (peak hour, Beeline Highway LOS, map series information, etc.) 2. Table 2 -5 is consistent with the MPO's 1998 -2002 TIP. No modifications are needed to the table. 3. Information regarding hurricane evacuation is contained in the Coastal Management Element, not the Transportation Element. 4. The City will forward another copy of the adopted EAR to FDOT District 4. 5. The proposed land use changes were assumed in the data and analysis contained in the support documents. 20 1 � 1 t T �N±Ftt��titt ATTACHMENT A May 13, 1998 Kim Glas, AICP City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens. FL 33410 RE: Soverel North OUR REF: 17011.00 (LUP) Dear Kim, Per your letter of April 28, 1998 (Attachment I), please find below our responses to the Florida Department of Community Affairs' (DCA) Objections, Recommendations and Comments (ORC) report. (The comments made by the review agencies are shown in bold type. while our responses to the comments are shown in regular type.) DEPARTMENT OF ENVIRONMENTAL PROTECTION "The potable water level of service use for projecting concurrency needs for this proposed land use redesignation is below the Level of Service being proposed by the City in its EAR based amendments (125 gpcpd vs. 191 gpcpd, respectively). Since the sanitary sewer needs cannot yet be met, it is recommended that the redesignation of this parcel await the ability of the Seacoast Utility Authority to provide appropriate levels of service for both potable water and sanitary sewer." Per our discussion on May 11, 1998, please refer to the attached letter from the Seacoast Utility Authority (Attachment II) stating that they have the capacity to provide potable water and sanitary sewer service to the proposed development. Therefore, there is no response necessary to this comment. SOUTH FLORIDA WATER MANAGEMENT DISTRICT "...we have no water resource related comments." No response to this comment is necessary. t Y� Of Pe �1 Urban Design R 4 1n�� ' Urban Planning 1�7t7 Land Planning PtAhNrA�G Landscape Architecture 4� Communication Graphics G: \C0MM0N\Jobs \Sovere1 Harbor North\orcresponses.050598 LCC 35 2000 Palm Beach Lakes Boulevard Suite 600 The Concourse West Palm Beach, Florida 33409 -6582 561.689.0066 FAX 561.689.0551 San Juan Capistrano, CA 714.489.8131 Glas Letter Mav 13, 1998 Paue TREASURE COAST REGIONAL PLANNNING COUNCIL "The City should work closely with the County and local residents to ensure that traffic and land use compatibility concerns are adequately addressed. The City should work to find an alternate access plan for the project. Council recognizes that complete neighborhoods should have a range of housing densities and types." The petitioner is fully evaluating all access options and will discuss same %with the City_ through the site plan review process. "The City should coordinate with the School Board regarding school capacity and projected student populations. While the School Board concern in acknowledged, a community is a dynamic place where changes in the structure and size of the population logically occur over time. A community can not be expected to have the same number of children at similar ages so that existing schools can operate at some optimum level. Furthermore, the Eastward Ho! Initiative anticipates and promotes the kind of redevelopment and infill development which should lead to an increased population in eastern communities. These communities must work with the School Board to see that adequate investments are made in eastern schools to facilitate this initiative, rather than in new schools in suburban locations which serve to promote urban sprawl and the social problems which result from such sprawl." No response to this comment is necessary. FLORIDA DEPARTMENT OF TRANSPORTATION "The Department has no objections, recommendations, or comments to the proposed Comprehensive Plan Amendment." No response to this comment is necessary. FLORIDA DEPARTMENT OF STATE ".Based on our review, an amendment to the Future Land Use Map modifying 7.26 acres should have no adverse effect on historic resources in Palm Beach Gardens." No response to this comment is necessary. G:\C0MM0NUobs \Sovere1 Harbor North \orcresponses.050598 LCC 35 Glas Letter May 13, 1998 Pa-e 3 Finally, we would kindly request a reconsideration of the City's decision to c.,mb<<,° 92-1 wi,;; 98- 1 ER. As you are aware, we have been in this process for almost l? months. We have worked wit;l the Citv and have amended our application from a small scale land use plan amendment to a large scale land use plan amendment per the City staffs request in order to satisfy various concerns of the City. We feel that undue hardship is now being placed on our project due to an unnecessary time delay. As you will note from the information provided above, the comments received from the various review agencies were not significant. We would respectfully ask. therefore, that the Ciry work with us to proceed on a more timely schedule and allow this application to be considered by the City Council at their earliest possible meeting. Upon approval by the City Council, it is our intent to Ftie concurrency and pianned unit development applications as soon as possible. Please contact me in response to this request or if you have questions about any of the above. Sincerely, Urban Design Studio Hank Skokowski, AICP Principal Attachments cc: Max Fricker, High Field Ltd. Marry Perry, F. Martin Perry & Associates (above w /attachments) G: \COMMON\Jobs \Soverel Harbor North \orcresponses.050598 LCC 35 CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL - PALM BEACH GARDENS. FLORIDA 33410 -4698 April 28, 1998 Hank Skokowski Urban Design Studio 2000 Palm Beach Lakes Blvd. Suite 600, The Concourse West Palm Beach, FL 33409 -6582 RE: Soverel North Land Use Amendment Dear Hank: Attached you will find the ORC Report for the Soverel North land use change. You will see that DCA did not raise any objections, however, there are multiple `comments' raised via the review agencies. Please prepare a response to each of these comments. Staff has made the decision to combine 98 -1 with 98 -IER. The Soverel North land use change will be adopted as part of the EAR -based amendments. We anticipate workshopping the amendments with the Council in June and adopting in July. The annexation petition will be considered concurrently. Please provide the responses to the ORC Report comments by May 15`". Ed Tombari and I are available to discuss possible responses if you need our assistance. Si cerely, Kim Glas, AICP Principal Planner cc: Roxanne Manning Ed Tombari APR Z1 Seacoast Uti I ity Authority EXECUTIVE OFFICE: May 20, 1997 MAY L 3 1997 �D Ms. Allison D. Johnston Urban Design Studios---------------- •-- - - - - -- 2000 Palm Beach Lakes Blvd., Ste 600 The Concourse West Palm Beach, FL 33409 -6582 Re: High Field, Inc. Property Dear Ms. Johnston: Wading Address. P.O. Box 109602 Palm Beacn Garcrens. Flontla 33410.9602 This letter is in response to the recent request for concurrency for the proposed eighty seven multi - family units to be located at the south side of Idlewild Court, east of its intersection at Prosperity Farms Road. The referenced project lies within the water and sewer service area of Seacoast Utility Authority. Million Gallons Per Day Committed and This Capaciry In USe Project Balance Water 19.70 14.740 .0217 4.938 Sewer 11.05 8.103 .0218 2.925 Please note that this statement reflects conditions as of this date; no guarantee of capacity availability in the future is expressed or implied, and no capacity has been reserved for the referenced project. Sincerely, i' SEACOAST UTHORITY Rim Bishop Executive Director cat cc: B. Gregg J. Lance J. Purrington D. Giles 4200 Hood Road, Palm Beach Gardens, Florida 33410 -2198 Phone: Customer Service (561) 627 -2920 / Executive Office (561) 627 -2900 / FAX (561) 624 -2839 A, ` � -� ATTACHMENT B 1995 PEAK HOUR VOLUMES Roadway Link From To Peak Hour Volume Donald Ross Rd. Florida's Turnpike I -95 865.365 Donald Ross Rd. 1 -95 Abacoa Road A 1329.621 Donald Ross Rd. Abacoa Road A Central Blvd. 1329.621 Hood Rd. 1 -95 Central Blvd. 279 Donald Ross Rd. Central Blvd. Military Trail 1329.621 Donald Ross Rd. Military Trail Alternate A I A 1337.154 Hood Rd. 1 -95 Central Blvd. 279 Donald Ross Rd. Alternate A 1 A Prosperity Farms Rd. 1535.802 Hood Rd. Florida's Turnpike 1 -95 279 Hood Rd. 1 -95 Central Blvd. 279 Hood Rd. Central Blvd. Military Trail 279 Hood Rd. Military Trail Alternate A I A 445.935 PGA Blvd. West Beeline Hwy - PGA Blvd. Beeline Hwy. Ryder Cup Blvd. 430.776 PGA Blvd. Ryder Cup Blvd. Florida's Turnpike 1236.9 PGA Blvd. Florida's Turnpike Central Blvd. 2259.156 PGA Blvd. Central Blvd. Military Trail 2439.831 PGA Blvd. Military Trail 1 -95 3597.426 PGA Blvd. I -95 RCA Blvd. 4858.32 PGA Blvd. RCA Blvd. Alternate A I A 4858.32 PGA Blvd. Alternate AIA Campus Dr. 3901.536 PGA Blvd. Campus Dr. Prosperity Farms Rd. 3430.491 PGA Blvd. Prosperity Farms Rd. Ellison Wilson Rd. 3285.597 PGA Blvd. Ellison Wilson Rd. US -1 2190.243 PGA Blvd. US -1 A 1 A 1067.547 RCA Blvd. PGA Blvd. Alternate A I A NA RCA Blvd. Alternate A I A Campus Dr. 543.585 RCA Blvd. Campus Dr. Prosperity Farms Rd. 543.585 Burns Rd. Military Trail I -95 Overpass 1170.219 Burns Rd. 1 -95 Overpass Alternate A 1 A 1170.219 Burns Rd. Alternate A 1 A Prosperity Farms Rd. 1436.571 Holly Dr. Military Trail Lighthouse Dr. 643.281 Northlake Blvd. SR7 Beeline Hwy 1526.967 Northlake Blvd. Beeline Hwy. Steeplechase 1212.72 Northlake Blvd. Steeplechase Haverhill Rd. 1669.908 Northlake Blvd. Haverhill Rd. Military Trail 2336.439 Northlake Blvd. Military Trail 1 -95 4031.178 Northlake Blvd. 1 -95 McArthur Blvd. 4800.939 Northlake Blvd. McArthur Blvd. Congress Avenue 3339.072 Northlake Blvd. Congress Avenue f Old Dixie Hwy i 3339.072 Beeline Hwy Seminole Pratt Whitney Rd. Coconut Rd. 1134.693 Beeline Hwy Coconut Rd. SR7 1 134.693 Beeline Hwy. SR7 Northlake Blvd. 809.286 Central Blvd. PGA Blvd. 1 -95 620.403 Central Blvd. I -95 Hood Rd. 620.403 Central Blvd. Hood Rd. Donald Ross Rd. 447.702 Military Trail Northlake Blvd. Holly Dr. 2445.621 Military Trail Holly Dr. Burns Rd. 2680.074 Military Trail Burns Rd. PGA Blvd. 2680.074 Military Trail PGA Blvd. Hood Rd. 1177.845 Military Trail i Hood Rd. F Donald Ross Rd F 1072.941 Alternate A I A Northlake blvd. Lighthouse Dr. 2065.344 Alternate A I A Lighthouse Dr. Burns Rd. 1863.534 Alternate A I A Burns Rd. RCA Blvd. 2037.63 Alternate A I A RCA Blvd. PGA Blvd. 1996.896 Alternate A I A PGA Blvd. Hood Rd. 2614.23 Alternate A 1 A Hood Rd. Donald Ross Rd. 2112.03 Prosperity Farms Rd. Burns Rd. RCA Blvd. 1784.856 Prosperity Farms Rd. RCA Blvd. PGA Blvd. 1784.856 Prosperity Farms Rd. PGA Blvd. Hood Rd. 1223.043 US -I Ellison Wilson Rd. PGA Blvd. 1967.136 US -I PGA Blvd. Juno Isles Blvd. 2864.4 1 -95 Donald Ross Rd. Central Blvd. 7701.516 1 -95 Central Blvd. Military Trail 7877.844 1 -95 Military Trail PGA Blvd. 7877.844 1 -95 PGA Blvd. Northlake Blvd. 11606.679 Florida's Turnpike North PGA Blvd. 1696.134 Florida's Turnpike PGA Blvd. South NA ATTACHMENT B continued 2015 PEAK HOUR VOLUMES Roadway Link From To Peak Hour Volume Donald Ross Rd. Florida's Turnpike 1 -95 3906 Hood Rd. 1 -95 Central Blvd. 3162 Donald Ross Rd. 1 -95 Abacoa Road A 4650 Donald Ross Rd. Abacoa Road A Central Blvd. 3255 Donald Ross Rd. Central Blvd. Military Trail 5208 Donald Ross Rd. Military Trail Alternate A I A 4464 Donald Ross Rd. Alternate A I A Prosperity Farms Rd. 2883 Hood Rd. Florida's Turnpike 1 -95 2790 Hood Rd. 1 -95 Central Blvd. 3162 Hood Rd. Central Blvd. Military Trail 2976 Hood Rd. Military Trail Alternate A I A 2604 PGA Blvd. West Beeline Hwy - PGA Blvd. Beeline Hwy. Ryder Cup Blvd. 3255 PGA Blvd. Ryder Cup Blvd. Florida's Turnpike 4185 PGA Blvd. Florida's Turnpike Central Blvd. 6138 PGA Blvd. Central Blvd. Military Trail 4092 PGA Blvd. Military Trail I -95 4278 PGA Blvd. 1 -95 RCA Blvd. 7347 PGA Blvd. RCA Blvd. Alternate A I A 7347 PGA Blvd. Alternate A I A Campus Dr. 5394 PGA Blvd. Campus Dr. Prosperity Farms Rd. 3813 PGA Blvd. Prosperity Farms Rd. Ellison Wilson Rd. 4929 PGA Blvd. Ellison Wilson Rd. US -1 4092 Page 1 of 3 PGA Blvd. US- I A I A 1953 RCA Blvd. PGA Blvd. Alternate A I A 2511 RCA Blvd. Alternate A I A Campus Dr. 1674 RCA Blvd. Campus Dr. Prosperity Farms Rd. 1023 Burns Rd. Military Trail 1 -95 Overpass 2511 Burns Rd. 1 -95 Overpass Alternate A I A 2511 Burns Rd. Alternate A l A Prosperity Farms Rd. 1953 Holly Dr. Military Trail Lighthouse Dr. 1581 Northlake Blvd. SR7 Beeline Hwy 2604 Northlake Blvd. Beeline Hwy. Steeplechase 1860 Northlake Blvd. Steeplechase Haverhill Rd. 3534 Northlake Blvd. Haverhill Rd. Military Trail 3627 Northlake Blvd. Military Trail 1 -95 4464 Northlake Blvd. 1 -95 McArthur Blvd. 5859 Northlake Blvd. McArthur Blvd. Congress Avenue 4278 Northlake Blvd. Congress Avenue Old Dixie Hwy 4836 Beeline Hwy Seminole Pratt Whitney Rd. Coconut Rd. 5394 Beeline Hwy Coconut Rd. SR7 5394 Beeline Hwy. SR7 Northlake Blvd. 4092 Central Blvd. PGA Blvd. 1 1 -95 1 4092 Central Blvd. 1 -95 Hood Rd. 5766 Central Blvd. Hood Rd. Donald Ross Rd. 5208 Military Trail Northlake Blvd. Holly Dr. 4743 Military Trail Holly Dr. Burns Rd. 4743 Military Trail Burns Rd. 1 PGA Blvd. 5673 h 1 Military Trail PGA Blvd. 1 Hood Rd. 1 1 4929 Military Trail Hood Rd. Donald Ross Rd 3720 Alternate A I A Northlake blvd. Lighthouse Dr. 4836 lAlternate A I A Lighthouse Dr. Burns Rd. 4371 Page 2 of 3 Alternate A I A Alternate A I A Alternate A I A Burns Rd. RCA Blvd. PGA Blvd. RCA Blvd. PGA Blvd. Hood Rd. 4092 4092 4650 Alternate A I A Hood Rd. Donald Ross Rd. 3348 Prosperity Farms Rd. Burns Rd. RCA Blvd. 2790 Prosperity Farms Rd. RCA Blvd. PGA Blvd. 2976 Prosperity Farms Rd. PGA Blvd. Hood Rd. 2883 US -I Ellison Wilson Rd. PGA Blvd. 3999 US -I PGA Blvd. Juno Isles Blvd. 4464 1 -95 Donald Ross Rd. Central Blvd. 11997 1 -95 Central Blvd. Military Trail 14508 1 -95 Military Trail PGA Blvd. 13857 I -95 PGA Blvd. Northlake Blvd. 16182 Florida's Turnpike North PGA Blvd. 5394 Florida's Turnpike PGA Blvd. South 9486 Page 3 of 3 ATTACHMENT C SECTION 3 NEED FOR IMPROVEMENTS This Action Plan was prepared to recommend the improvements necessary to meet the policies, standards and criteria of the FIHS. The needs identified herein are, therefore, not alternative specific. Each of the alternatives proposed will be developed to satisfy the functional criteria and standards of the FIHS. FIHS standards require that a determination be made of the total length of a facility that can not be brought up to FIHS standards. A maximum of five percent of the route length in rural areas and 20 percent of the route length in urban areas can be exempted from FIHS standards if justified and approved by the District Director of Planning and Programming and the State Transportation Planner. The Facility Enhancement Element will identify the improvements required to meet these standards, policies and criteria. A plan to phase the implementation of these improvement strategies is presented in the Facility Operations and Preservation Element. The following discusses the significant FIHS standards, policies and criteria used that were identified in this Action Plan. LEVEL OF SERVICE The FIHS is required to be upgraded and managed to operate within a 20 -year horizon at minimum level of service (LOS) standards. LOS is a qualitative measure of traffic operational performance. These performance measures are based on road users' perceptions of roadway quality of flow. LOS is represented by the letters `A' through `F' with `A' representing the most favorable conditions of traffic flow. LOS `F' represents the least favorable conditions of traffic flow. These qualitative descriptions are based on the estimation or direct measurement of specific traffic operational performance measures, such as density, speed and volume, depending on the functional use of the facility. A minimum LOS of `B' is required for rural areas and an LOS of `C' is required for 3 -1 transitioning urbanized areas, urban areas, and urbanized areas with populations less than 500,000. An LOS of `D' is permitted in areas within a urbanized area with population greater than 500,000. In future years, without improvement the operating conditions will decline (see Table 3 -1). Forecasts of future travel demand within the corridor were developed according to the following procedures: 1. For the purpose of this study, the SR 710 corridor was broken into eleven (I I) sections as indicated in Table 3 -1. 2. The newly developed interim Greater Treasure Coast Regional Planning Model (GRTCRPM) was used to establish a basis for year 2020 traffic demand for each section. 3. The projected year 2020 traffic demand and the historical counts from 1983 to 1994 were used to develop the design year traffic by regression analysis. The regression formulas were then used to project AADTs for the opening year, interim years and design year. 4. A review of the 2020 model indicated that the projected demands between PGA Boulevard and Blue Heron Boulevard were over reported due to an insufficient arterial network in the northwest area of Palm Beach County. As such, a 3.53 - percent annual compound growth rate was developed based on the projected population in the area. The average of traffic demand forecasts based on the population growth and the regression model growth rates was used for analysis of sections of SR 710 from Blue Heron Boulevard to PGA Boulevard and from PGA Boulevard to Pratt Whitney Road. 5. The traffic demands for the sections between Australian Avenue and US 1 were based on the projections recently completed for the Skypass Project (State Job No.: 93020 -1510, W.P.I. No.: 4118713). The volumes developed for the Skypass Project include a realignment of SR 710 between Dixie Highway and US 1 and development of a one -way pair to the Port of Palm Beach. 3 -2 ti E i 6. A test was conducted with the GTCRPM to estimate the impacts of adding interchanges of SR 710 and 45th Street Extension with Florida's Turnpike. The model showed a significant traffic increase along SR710 between the Turnpike and Blue Heron Boulevard. Since both interchanges are elements of the Palm Beach County Long -Range Transportation Plan, the influence of the construction of these interchanges were considered in the forecasts. The forecasts of future demand traffic for the corridor are provided in Table 3 -1, the LOS criteria used from the 1995 FDOT LOS Manual are provided in Table 3 -2 and the resulting levels of service are provided in Table 3 -3. Only two of the 12 corridor segments will continue to provide an adequate level of service through the year 2020. ITable 3 -1 Forecasted Demand Traffic (2000 -2020) jSegment Year 1 3 -3 2000 2005 2010 2015 2020 SR 70 to the Community of Indiantown 8,300 9,900 11,500 13,000 14,500 Indiantown to SR 706 16,900 21,700 26,500 31,400 36,200 j SR 706 to Pratt Whitney Road (CR 711) 14,000 19,000 24,000 29,000 34,100 J CR 711 to PGA Blvd. (SR 786) 22,800 27,900 33,000 34,100 43,100 SR 786 to Northlake Blvd. (CR 809A) 16,700 20,200 23,700 27,200 30,700 CR 809A to Florida's Turnpike (SR 91) 21,600 27,200 32,800 38,400 44,000 SR 91 to Blue Heron Blvd. (SR 708) 25,700 32,900 40,100 47,400 49,000 SR 708 to Military Trail' 19,400 24,500 29,600 34,700 39,800 Military Trail to Congress Avenue 19,400 24,500 29,600 34,700 39,800 Congress Avenue to Australian Avenue 13,800 16,400 19,000 21,700 24,400 Australian Avenue to Dixie Highway 11,000 11,800 12,600 13,300 14,100 Dixie Highway to US 1 10,900 11,600 12,300 12,900 13,600 Note 1: Blue Heron Blvd (SR 708) to Congress Avenue is modeled as a single link in the Department's forecasting model. Listed as shown for consistency with analyses performed for this study. 1 3 -3 1 1 i I 1 J 1 l Table 3 -2 LOS Criteria for 100th Highest Hour (K,00) Classification Lanes Daily Capacity (AADT) at LOS A B C D E R -lal Rural Interrupted Flow- Less than 1.5 signals per mile 2 Undivided/ No Bays • 9,800 11,000 11,900 12,100 4 Divided/Bays ' 27,000 29,900 32,100 32,200 6 Divided/Bays • 41,300 45,300 48,300 48,300 T -Ia Transitioning Interrupted Flow - Less than 2.5 signals per mile 2 Undivided ' 11,500 14,000 15,300 15,900 4 Divided ' 25,500 30,600 32,800 33,500 6 Divided • 39,600 46,400 49,700 50,300 U -Ia Urbanized Interrupted Flow- Less than 2.5 signals per mile 2 Undivided • 12,600 15,200 16,600 17,000 4 Divided • 27,900 33,300 35,700 35,800 6 Divided ' 43,200 50,400 53,700 53,700 ' Cannot be achieved. Source: FDOT 1995 LOS Manual, Table E Table 3 -3 Summary of Demand - Capacity Analysis (Year 2000 -2020) Segment Class Lanes 2000 2005 2010 2015 2020 SR 70 to the Community of Indiantown R -Ial 2 B C D F F Indiantown to SR 706 R -Ial 2 F F F F F SR 706 to Pratt Whitney Road (CR 711) R -Ial 2 F F F F F CR 711 to PGA Blvd. (SR 786) T -Ia 4 B C E F F SR 786 to Northlake Blvd. (CR 809A) T -Ia 4 B B B C D CR 809A to Florida's Turnpike (SR 91) U -Ia 4 B B C F F SR 91 to Blue Heron Blvd. (SR 708) U -Ia 4 B C F F F SR 708 to Military Trail U -Ia 4 B B C D F Military Trail to Congress Avenue U -Ia 3 F F F F F Congress Avenue to Australian Avenue U -Ia 3 C D F F F Australian Avenue to Dixie Highway U -Ia 3 B B B C C Dixie Highway to US 1 U -Ia 3 B B B C C 3-4 I SECTION 8 RECOMMENDATIONS As a result of the extensive coordination effort made as part of this study, the project need evaluation and the project impacts,. the project was divided into segments that can be incrementally developed and constructed to meet the demand - capacity analysis presented in Section Four of this report. Recommendations are listed below in Table 8 -1, and are shown on Figure 8 -1 as the Improvements rand Phasing Plan. I f 8 -1 Table 8 -1 Recommended Implementation Plan for Capacity Improvements Year Project Segment Improvement 2000 1 SR 70 to Martin County Line Safety improvements 2 Community of Indiantown to CR 706 Widen to four lanes 3 • CR 706 to CR 711 Widen to four lanes I 4B St. Lucie Canal bridge New bridge, No -Build 1 2005 5 SR 70 to Martin County Line Widen to four lanes 6 Okeechobee County Line to Community of Indiantown Widen to four lanes 7 Military Trail to US 1 Widen to five lanes 7A SR 809 From SR 710 To 1 -95 Widen to six lanes 1 2010 8 Community of Indiantown to CR 706 Widen to six lanes 9 CR 711 to PGA Boulevard Widen to six lanes 1 10 PGA Boulevard to Military Trail Widen to six lanes 11 FEC Railway Grade - Separation New Grade Separation 12 Interchange with SR 7 Extension New interchange 13 Interchange with Florida's Turnpike New interchange (Alt C) 1 2015 14 CR 706 to CR 711 Widen to six lanes 1 15 Interchange with I -95 New interchange I f 8 -1 ■ 1 � 0 3 � Ivey, Harris & Walls, Inc. 11 a 1 - - - . ►LAMMM • W400MEMNO - w+ost:Am AncmwicTum E/MM""WAL WWKXS - TRAhSPORTAT1Oh OKSGN sk or I ON 06 ;11 '98 14:47 N0.557 01/03 Post -It" Fax Nutc 7671 _6T, ;�► 3 To 1 i S l'1 r %0-88 4o Fax r "11 S cot Fax w `1 1'1 t, MEMORANDUM TO: Kim Glas- Castro I 16 FROM: Dodi Glas AI J1 DATE: June 11, 1998 SUBJECT: Suggested Language Pursuant to Our Discussions There were three items we agreed required further review, MXD, mining and the 250 minimum acreage. I have also provided suggested language that I believe addresses your comments and some comments/language that may assist in DCA's review. I. MXD I undetetand that the MXD will continue to require at least 2 uses consistent with DCA requirements. Here is additional language refinement for the Non- Residential Criteria 4. that we discussed. SUGGEST as underlined 4. Due to size or configuration of the parcel, the ability to provide an economically &INL sustainable, integrated residential component that functions to enhanc■ and comnlement the other MXD uses is limited. I also understand that each use in the Non - Residential Its Intensity Measures table will be identified individually to make it clear to DCA what applies to each use. Also this will allow the industrial lot coverage to be addressed separately and thus to be consistent with current policy that allows 60% lot coverage. I think that your idea of using the existing categories is a very good one and helps to maintain consistency. Also, it would seem necessary to add the following language to the last sentence before the last paragraph numbered 4. This would avoid any possible inconsistency finding by DCA on having the Iot coverages in the MXD section and under Future Land Use categories. SUGGEST Land uses are defined as set forth in the Future Land Use Element with maximum lot coverages heiniz defined abpve. rw01468M M�roxoaan wro 9123 N. I0 Ulmy Tray. Soft 2U, ftihn Owoh OwOvm. FL 3WO f+hom: 01476 -aw Fair. u1-mine 0rkVW0 - WON lahl dm* - 0611 '98 14:47 N0.55 7 02/03 Memorandum to Glas June 11, 1998 Page 2 2. MINING- EXCAVATION AND REMOVAL OF NATURAL RESOURCES This langugae is based on what we discussed on having clear policy direction in the plan and addressing the desire to prohibit mining in conservation areas. SUGGEST Policy 6.1.4.2.: All conunercial mining practices shall be prohibited in areas designated conservation and regulated in gther areas of the City to only allow mining activities consistent with new construction or substantial rChabilitation activities_ public nroiects_ restoration and maintenance of existing Fanals and lakes. and ip areas west of the turnoike with frontage on Beeline IEghwty when a reclamation plan and redevelopment and reclamation bond shall be Ecquired. _ 3. 230 MINIMUM ACREAGE This language was designed from the perspective of meeting the concern to limit possible subdividing of larger tracts and the desire to provide the flexibility to allow for masterplanning smaller tracts to promote better development patterns. SUGGEST Policy 1.1.5.1.(a).1: For that area bounded by Florida's Turnpike to the east, PGA Boulevard to the south. and the former (June 13, 1989) city limits to the west, which generally coincide with the eastern boundary of the Loxahatchee Slough and generally the northern alignment of the Donald Ross Road extension, the City shall impose the following regWrements, and shall maintain land development regulations necessary to implement these requirements. All proposed development shall include a minimum of 250 acres which shat! be rezoned to Planned Community District (PCD) and contain, at a minimum, a master development plan and supporting documentation which describes what the development is to include and how it is to proceed (phasing). All proposed collector roads within the development shall be shown as part of the PCD master plan. A waiver fi mt the minimum size threshold may be granted by the City Council for existing parcels of lesser size as of February 19, 1998 or for parcels of lesser ai7p to encourage innovative land development practices 1W promote, ft nresemdon of resources and more efficient service provision, ALSO NFpn TO CHANGE page 1 -20: 06%11 'yE 114:46 N0.5'5t 0303 Memorandum to Glas June 11, 1999 Page 3 Policy 1.1.5.1.(a).2: For all properties west of the urban growth boundary (Loxahatchee Slough), the City shall impose the following requirements, and shall maintain land development regulations necessary to implement these requirements. Development shall be consistent with rural densities and intensities and shall receive services consistent with the adopted level of service standards for the rural area. All proposed development shall include a minimum of 250 acres which shall be rezoned to either: 1) Planned Community District (PCD) and contain, at a minimum, a master development plan indicating all proposed collector roads and supporting documentation which describes what the development is to include and how it is to proceed (phasing), or 2) Planned Unit Development (PUD) which shall include, at a minimum, site plans, landscape plans, and all proposed collector and local roads. All site plans developed within PCDs shall be subject to the densities and intensities assigned to them under the PCD master plan documentation. A waiver from the minimum size threshold may be granted by the City Council for existing parcels of lesser size as of February 19, 1998 or for parcels of lesser size to encourage innovative land development practices that promote the preservation of resources and more efficient service provision. There was a fourth item that 1 would recommend the following language be added based on previous work with DCA on this subject. SUGGEST Policy 2.1.3.1. The City shall generally prohibit on- street parking on all arterial, City and neighborhood collector roads. On - street parking may be allowed, with specific City Council approval and as necessary the approval of the aaencv having iurisdiction over said roadway, when the design of the roadway in relation to adjacent uses maintains safety performance standards and efficient traffic flow. Thank you for your time in working through the items. Please call me with any comments or thoughts on the language. 1 will be happy to continue working with you as necessary. Also, please advise me of any problems or concerns that may arise. It is understood that the ORC responses are going to the Council on July 2, 1998. Again, thanks and call me if I can be of additional assistance. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: July 2, 1998 Subject/Agenda Item: Consideration of Approval: Petition MISC- 98 -04, Dennis Perry, agent for the Woodberry Lakes Homeowners Association, Inc., is requesting approval to create a PGA Boulevard buffer. (2- 42S -42E) Recommendation /Motion: Staff recommends approval of Ordinance , 1998. Reviewed by: Originating Dept.: Costs: S_o Council Action: Total Attorne City Y [ ]Approved Growth Management Finance N/A $ 0 [ ] Approved w/ conditions ACM Current FY [ ] Denied Human Res. N/A Funding Source: [ ] Continued to: Advertised: Other N/A Date: [ ] Operating Attachments: Paper: [ ] Other N/A Ordinance 1, 1988 [ x ] Not Required Resolution 22, 1988 Ordinance , 1998 Submitted by: Affected parties Budget Acct. #: Map: Site Area Landscape plan Department Director City Engineer's - 6/10/98 [ ] Notified comments [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: Location, Zoning and Land Use Dennis Perry, agent for the Woodberry Lakes Homeowners Association (HOA), is proposing to create a PGA Boulevard buffer along their development by installing new walls and landscaping in anew 10 -foot wide landscape easement. The Woodberry Lakes community (a.k.a. Cinnamon Plat No. 1 & 2 or Gardens of Woodberry) was annexed into the City by Ordinance 1, 1988. The Palm Beach Gardens zoning for the Gardens of Woodberry is Residential Medium. Other than building permits, no other City approvals have taken place since its annexation. Mayor and City Council MISC -98 -04 Page 2 The PGA Boulevard buffer would extend from the western end of the Gardens of Woodberry Community to the eastern end at Shady Lakes Drive. This buffer is only interrupted once by the main entrance at Spice Drive. Other than the common open space at the community's main entrance and eastern and western ends, there are 24 residential lots (townhomes) backing up to PGA Boulevard. In order to install and maintain the proposed buffer, the HOA obtained a 10 -foot wide landscape easement from all the property owners that border PGA Boulevard. The proposal eliminates the small concrete block planters and all the old landscape material. The new wall is a six -foot tall prefabricated concrete wall, which will tie into the existing metal fencing at the project's entrance and ends. The color of the wall will match the homes. The proposed buffer will consist of new trees like Crape Myrtle, Silver Buttonwood, Simpson's Stopper, Ligustrum and Oaks, and a multitude of shrubs and groundcover plants that will not conflict with the existing utilities. This proposal will improve the aesthetics of the PGA Boulevard, as well as give Gardens of Woodberry a unified appealing buffer, which will also serve to buffer noise, screen traffic visibility, and protect the homes. Building Official Jack Hanson has no concerns. Seacoast Utility Authority (SUA) needs clarification on the location of a force main to avoid any conflicts. City Forester Mark Hendrickson has no concerns, but points out, as SUA did, that some of the landscape improvements on the eastern end are outside the property line. The existing and proposed landscaping on the west side of Shady Lakes Drive is on FP &L's property. The HOA will need FP &L's approval to continue with the encroachments and to increase any landscaping. If FP &L does not agree, the landscaping could be located on common HOA property. City Engineer Tammy Jacobs has conditions of the construction plan approval. Her comments are attached. The HOA has agreed to meet these requests. City Council gave a letter of support to the Garden of Woodberry's 1997 -98 Beautiful Palm Beaches Grant application, which included this landscape plan. Staff recommends approval with the following conditions: 1. The Woodberry Lakes Homeowners Association (HOA) shall work with SUA to resolve any conflicts during the construction of the wall. 2. The HOA shall receive permission from FP &L for the landscape improvements near Shady Lakes Drive, and /or work with City staff to modify the landscape plan so that the southeastern corner of Gardens of Woodberry is improved on site. 3. All landscaping shall be completed within six months of the commencement of this project. 4. The petitioner shall address all of the City Engineer's June 10, 1998 memorandum comments, which set conditions for the construction plan approval. ORDINANCE 14, 1998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENT OF THE SITE PLAN KNOWN AS WOODBERRY LAKES; PROVIDING FOR THE CONDITIONS OF APPROVAL; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the site plan for the development known as "Woodberry Lakes" was initially approved by Palm Beach County in the course of its approval of Cinnamon Plat No. 1 on December 12, 1978 and Cinnamon Plat No. 2 on August 5, 1980; WHEREAS, Woodberry Lakes was annexed by the City by adoption of Ordinance 1, 1988, and referendum conducted on March 8, 1988, pursuant to §171.0413, Florida Statutes; WHEREAS, the City received a petition of Mr. Woodie Van Voorhees, President of "Woodberry Lakes Homeowners Association, Inc." to rezone from its former County zoning classification to the City zoning classification as RM- Medium Density Residential District by adoption of Ordinance 1, 1988, subsequent Zoning Map change by Resolution 22, 1988, and reconfirmation of the zoning by Ordinance 13, 1994; WHEREAS, an application has been submitted by the Woodberry Lakes Homeowners Association to amend the site plan and plat by creating a 10 -foot wide easement along properties adjacent to PGA Boulevard to establish a "Gardens of Woodberry" buffer, including a wall and landscaping; and WHEREAS, the City's Growth Management Department has reviewed this application and has determined that the amendment is consistent with the City's Land Development Regulations, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The site plan for Woodberry Lakes, a.k.a. Gardens of Woodberry, is hereby amended by allowing a six -foot wall and associated landscaping to be constructed and planted with the 10 -foot wide buffer along PGA Boulevard consistent with the following plans on file with the City Growth Management Department: A. May 3, 1998 Wall Layout Plans by Urban Design Studio. Sheets L -1 to L- 7. Page 1 of 3 B. February 9, 1998 Specific Purpose Survey For Woodberry Lakes Homeowners Association, Inc. by K &N Surveyors, Inc. 2 Sheets. C. June 10, 1998 Gardens of Woodberry Memorandum prepared by Tammy Jacobs of Lindahl, Browning, Ferrari & Hellstom, Inc. 1 Sheet. Section 2. Approval of the site plan amendments set forth in section 1 of this ordinance is based upon compliance with the following conditions: A. The Woodberry Lakes Homeowners Association (HOA) shall work with Seacoast Utility Authority to resolve any conflicts with the 8" force main during the construction of the wall. B. The HOA shall receive permission from FP &L for the landscape improvements near Shady Lakes Drive, and /or work with City staff to modify the landscape plan so that the southeastern corner of Gardens of Woodberry is improved on site. C. All landscaping shall be completed within six months of the commencement of this project. n D The tition all a ss all the ity E ine is June 10, 98 m mo and m c m ents, whi set co diti ns for co ction Section 3. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF JULY, 1998. PLACED ON SECOND READING THIS DAY OF JULY, 1998. PASSED AND ADOPTED THIS DAY OF JULY, 1998. MAYOR JOSEPH R. RUSSO COUNCILMAN ERIC JABLIN VICE MAYOR LAUREN FURTADO COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO Page 2 of 3 ATTEST: LINDA V. KOSIER VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO APPROVED AS TO LEGAL FORM AND SUFFICIENCY AYE NAY ABSENT PAGE 3 of 3 Location Map 9,ADY LAKES PLAT SCCX a3, -&CZS < 00 INV < o qO 'OF HI C i a z Is, 0 CL .0 i _ I i i ( �� � I j I i I!i I i Ii2i89'� —A_ -PGA BOUL rVARD C: N Suuld 1110Ae BPJJOJA -suepie!D 4311288 Wled �s� "F ) T AjaqpooM jo suepieg - ------- Ll .1 till' OV Fv mill[ i Ifl H u1 j�1111111N1 JJ . ji I :! 9 :1 :! It = I I 1 ❑ 7 14 - -------- - 0 tt vm0 A 4% buWd 111L)AL! 111L)M ePP(M-A `suaPJe9 43908' wled I(aaogpooM 10 suopae� III � r { k T z ---- iT V I1CIA "I T ePllow `suapJeD Weag wled Aaaa oo o sua .ie �i ! qp M � I� J ,,�► � .r r 4i RI �'nN F ;T r� + Yp I f - O l •l A7 1 RI PAN \ -- - 0 I II 9, Y 7 O] a 'i sued bulluLld :.IepiJold `suapJeD 11"0e weed ` .,��- '; �(aaagpooM jo suapie� I` J ' �! a�1 d. 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". i'Mil :1 1;K0 V 5 1i 1,I Ji .. .... .... .I R1 2 E�S�jy 4 1.; )i �,Nflfj". P 1;1 wr Nii! yZi .J A,, zi JFI -- LINDAHL, BROWNING, FERRARI & HELLSYROM, INC. 111 CONCILT,tiG ENGINEERS. SURVEYORS 3 .MAPFEAS MEMORANDUM TO: Marty h6nor FROM: Tammy Jacobs DATE: June 10, 1998 SUBJECT: Gardens of Woodberry (LBFH Fide No. 98 -0241) We have reviewed the "Specific Purpose Survey" prepared by K & N Surveyors, Inc. and *e Wall Layout Plans prepared by Urban Design Studio received June 9, 1998. We offer tke following comments: 1) As a condition of construction plan approval, the prefabricated concrete wall shall t e certified by a structural engineer. 2) As a condition of construction plan approval, the Typical Wall and Planting Section det: it shall be revised from the 5' dimension to "varies" to accurate!y reflect the proposed plan. 3) As a condition of construction plan approval, the applicant shall provide a letter )f authorization from Seacoast Utility Authority allowing the applicant to construct the w; Ill and landscaping within the existing SUA easement. 4) As a condition of construction plan approval, the applicant shall provide a letter of authorization from the appropriate entity allowing the applicant to construct the wall aid landscaping within the existing 5' limited access easement. 5) As a condition of construction plan approval, the applicant shall provide a letter from the City Attorney approving the proposed 10' easement. 6) As a condition of construction plan approval, the applicant shall provide a drainage pan showing how the storm water runoff will be directed to the existing storm sewer syst: .,m with the addition of the proposed concrete wall, We have no further engineering concerns with the exception of the conditions of construction p an approval and are therefore able to recommend site plan approval. Tj c: Greg Dunham Roxanne Manning "W �" HiJ414N LAKES BOU EVOARD, BUILDING 5000. SUITE 104 - 7 56 6 -9248 • FAX (561) 748 -0272 http�:ANWW.Itfh.com • e -mail: into(WRA.Com WEST PALM BEACH )UPITFR STUART FORT PIERCE OKEECH09t E '.I v January 4, 1988 February 1, 1988 ORDINANCE 1, 1988 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ANNEXING INTO THE CITY CERTAIN AREAS OF LAND; AND, PROVIDING A LEGAL DESCRIPTION OF THE PROPERTY PROPOSED TO BE ANNEXED; AND, RE- DEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID REAL PROPERTY; AND, PROVIDING FOR A REFER - ENDUM ELECTION IN THE CITY AIM WITHIN THE AREAS PROPOSED TO BE ANNEXED; AND, DIRECTING THE CITY CLERK OF THE CITY OF PALM BEACH GARDENS TO PUBLISH THE NOTICE OF TILE REFERENDUM; AHD, PROVIDING FOR AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City of Palm Beach Gardens, Florida, hereby annexes to the City a compact, contiguous parcel of land as herein- after described: All of CINNA1ON PLAT NO. 1, as recorded in Plat Book 36, pages 56 through 59, both inclusive, Public Records of Palm Beach County, Florida; and ALL of CINNAMON PLAT NO. 2, as recorded in Plat Book 40, pages 66 and 70, both inclusive, Public Records of Palm Beach County, Florida. Section 2. The boundaries of the City of Palm Beac;i Gardens, Florida, are hereby redefined and shall include the above - described real property, and said property is hereby declared to be within the corporate limits of the City of Palm Beach Gardens, Florida. Section 3. A Referendum Election shall be held on the 8th day of March, 1988, within the City of Palm Beach Gardens, Florida, and within the lands described above, which are proposed to be an-zexed hereby for approval of the proposed annexation. The Referendum shall be worded on the ballot as follows: (WOODBERRY LAKES) n "For annexation of the property described in Ordinance 1, 1988, of the City of Palm Beach Gardens, Florida." "Against annexation of the property described • in Ordinance 1, 1988, of the City of Palm Beach Gardens, Florida." Section 4. The City Clerk is hereby authorized and directed to publish the Notice of Referendum Election at least once a seek for for four (4) consecutive weeks immediately preceding the date of the Referendum in a newspaper of general circulation within the City and within the lands to be annexed, and to otherwise comply with the requirements of Florida Statute 171.0413, and all other Florida Statutes pertaining to the conduct of elections and annexations. Section 5. All Ordinances or parts of Ordinances in con- flict herewith are hereby repealed. Section 6. This Ordinances shall be effective upon date of passage; and the annexation of the aforesaid - described lands shall be effective only upon approval in the Referendum Election by a separate majority vote of electors voting within the City and electors voting within the lands proposed to be annexed. PLACED ON FIRST READING THIS 7th DAY OF JANUARY, 1988. PLACED ON SECOND READING THIS 4th DAY OF February 1988. PASSED AND AD D THIS 4th DAY OF C't _ -i- C-re MAYOR VICE -MAYOR ATTEST.. t. . i INO, C 1Y XLERK, CMC February dOUNCILWOIWI �(Xo C"CILMAN COUNCILMAN ­-_­]AND LcC. r,Ur-k-1 ?::.Y , 1988. March 8, 1988 rev. 3/10/88 ! RESOLUTION 22, 1988 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, CERTIFYING THE RESULT OF THE TWO (2) REFERENDUM ELECTIONS CONDUCTED ON MARCH 8, 1988, WITHIN THE CITY AND IN THE AREAS PROPOSED FOR ANNEXATION PURSUANT TO ORDINANCE 1, 1988, A14D ORDINANCE 2, 1938; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: ' Section 1. The City Council of Palm Beach Gardens hereby certifies that the following are the results of the Referendum Election held pursuant to Ordinance 1, 1988, of the City of Palm Beach Gardens, Florida: (WOODBERRY LAKES) Electors of Palm Beach Gardens For annexation of the property described in Ordinance 1, 1988, of the City of Palm Beach Gardens, Florida. 3758 Votes Against annexation of the property described in Ordinance 1, 1988, of the City of Palm Beach Gardens, Florida. 1400 Votes Electors of proposed annexation area For annexation of the property described in Ordinance 1, 1988, of the City of Palm Beach Gardens, Florida. 131 Votes Against annexation of the property described in Ordinance 1, 1988, of the City of Palm Beach Gardens, Florida. 15 Votes The City Council hereby certifies that the Referendum for the annexation pursuant to Ordinance 1, 1988, has been - duly approved by the electors of the City of Palm Beach Gardens and the area of proposed annexation. Section 2. The City Council of Palm Beach Gardens hereby certifies that the following are the results of the Referendum Election held pursuant to Ordinance 2, 1988, of the City of Palm Beach Gardens, Florida: (SOUTH ANNEXATION - INCLUDING STEEPLECiIASE) Electors of Palm Beach Gardens For annexation of the property described in Ordinance 2, 1988, of the City of Palm Beach Gardens, Florida. 3350 Votes Against annexation of the property described in Ordinance 2, 1988, of the City of Palm Beach Gardens, Florida. 1802 Votes Electors of proposed annexation area For annexation of the property described in Ordinance 2, 1988, of the City of Palm Beach Gardens, Florida. 106 Votes Against annexation of the property described in Ordinance 2, 1988, of the City of Palm Beach Gardens, Florida. 7 Votes The City Council hereby certifies that the Referendum for the annexation pursuant to Ordinance 2, 1988, has been duly approved by the electors of the City of Palm Beach Gardens and the area of proposed annexation. Section 3. This Resolution shall be effective upon date of passage. INTRODUCED, PASSED AND ADOPTED THIS THE 10thDAY OF MARCH, 1988. ATTEST: LtItTVA "KOSIER, DEPUTY CITY CLERK 1L /�Al%% �/Jd• ci ^rb _r th r��, � i'dm, VICE -MAYOR A/SICIENCY TO FORM AND LCY VISION Policies Pertaining to Connectivity of Sidewalks /Pathways Coal: To Create Linkages in the City Which Connect or Gather Residents and Business Owners of Different Neighborhoods and Developments into a Single Community and Which Provide a Sense of Community. Objective 2: To Create Pathway Linkages Throughout the City. Strategies: 1: PROMOTE CONNECTION OF NEIQrHBORHOODS, 611101PPIN6r, SCHOOLS AND PARKS THROVOH A SIDEWALK/DATHWAY SYSTEM. 2: REWIRE THE INSTAILILATION AND EXPANSION OF THE PARKWAY SYSTEM IN THE CITY'S DEVEZ.OPIWO AREAS. 3: IDENTIFY SIDEWAZ.K/PATHWAY NEEDS IN EXISTIN6r WEI01811BOR181001DB AND PI:AN/BVDGET IMPROVEMENTS. Goal: To Ensure Continuity and Travel Options Between Neighborhoods and Activity Centers. Objective 2: To Continue to Plan for Parkways, Pedestrian and Bicycle Facilities and Alternative Modes of Transportation. 1: Continue to promote the Conceptual Linkage Plan's requirements for Parkways, Pedestrian and Bicycle Facilities. 2: Continue to require new development to provide Parkway improvements and provide for pedestrian and bicycle access. Comp Plan Policies Pertaining to Connectivity of Sidewalks /Pathways (AS BEI[WO REVISED IF THE EAR -BASED AMEWDMEWWO) Objective 2.1.78.: The City shall encourage the use of public transit, bicycle, and pedestrian paths a:tc: nat::;. of lr -n:.s.pc. tat:o . within City its boundaries and in conjunction with surrounding municipalities through use of the Parkway System and support of Palm Tran and Tri -Rail. Policy 2.1.78.1.. The City shall continue to require ---5— tue fll,�,:o:�: Fr —Ss 4::K4 new developments to construct bicycle and pedestrian ways within and on roadways adjacent to those developments and to identify future on -site centralized transit pick -up /drop -off points. PoliPolicy 2.1.7.8.5.: The City shall continue to make ' . .. ° ° +.,a�, ° °�a� ~ °° �••� +'' D-1:- cy 1 1 1 1111 4_ K J+� A ill KVVVl�{G4 _ Y.1L111 V1: '' ' " ' +-7-+--:-- °+'' °A° ^ ^� ^° c � °•� continuity between pedestrian paths in the 1) 1.A 1r. YV MV6V1f 111V411VYV n"A V V4V Vl ___V :\1111_ older portions of the City a priority in the Capital Improvement Element. Policy 2.1.7.8:6.: The City shall continue to require''�� °••g'� �''° a °�• °' °p~' ° ~+ °Yr- °-'�' r''" ° °" 41L VL{ 11 411_ YVYVIV 111_114 K 1V YLLl 1VVVUV *'' ^* parkway system improvements (.:14 DV4V�{l1GLLlp//1* \� .e 'I':�lV' as defined in the Future 411K{ Land Use Element of this Comprehensive Plan, to be introduced into newly developed areas to incorporate -wave- pedestrian ways inCo.YO1��..1111.V .11.111. Policy 2.1.7.8.7.: The City shall continue to require, hro lgh the de:•e.oYl�len� err =o -'=� r= o�e��, tint elements of the parkway system to connect to existing road facilities 64111'1 to i,�oYO�ed VY=11441L 1 \f444.1 V 1144114. 44�' J so that a continuous pedestrian system occurs.