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
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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:
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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.
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3
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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
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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.
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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
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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.
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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
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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
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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,
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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
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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.
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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
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I
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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
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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.
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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
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Dr. Joan P. Kowa], Superintendent
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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
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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.
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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.
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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
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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'
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2781100.DWG
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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
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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
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:.. 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
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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 ,
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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'.�_:�._�,'�.
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- _
_
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\.
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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
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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. Development within the Overlay shall be concentrated to the least
sensitive areas and shall be supported by public facilities. No bonus density is applicable in this
Overlay area. While a variety of uses and use densities /intensities may be-approved as -part of-a
residential.PCD,. the overall impact of the density/intensity shall not exceed that generated by a A
gross density of two dwelling units per acre. Other requirements and regulations of the Palm
Beach Gardens Code of Ordinances and Comprehensive Plan are applicable where not. in- conflict -_
with the provisions of this Overlay.
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FUTURE LAND USE 6/98 1 -8
EAR -based Amendment Ordinance 4, 1998
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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
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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
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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__.__._
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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
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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 ,
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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
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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 ,
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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
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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
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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
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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:
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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�
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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.
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TRANSPORTATION 6198 2 -10
EAR -Based Amendments Ordinance 4, 1998
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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,
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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.
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COASTAL MANAGEMENT 6/98 Ordinance 4, 1998
EAR -BASED AMENDMENT 5 -8
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u%ilaiiy. i ►iiiiaiy uava atian LP- ii111iiiu iv i%,aiuiiuiai witut a"L'a0viy 01
wawi-tctaacu ua%a i%yuita.u.
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__ -____: _- - __: �:__ r__ _____L -
altau auvYa, tatlu ucvclvYtttcua tcrulauvtLa tc.aiutttltr, vt Ylvvluttlr, lvt Yuvllc a%��aa uuvu�u llL'
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- _17
taclttay tvcaacu as ulc ativtcltl_ le.
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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 -_
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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.
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\..V111�J1 G11GL1JlvG iv11Gy Hall li V11Gy 1V. l.l.l.f. YY 111.11E uG VG1V�J111G11L VGGl11J W1u1111 YVGL1a11U3, Lave
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_. _ _]___:._. _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
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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.
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1 Vll%.y V.1.V•1.. 111%. Ua11wayJ pan Jllall 111c1LLLLC all 111YC11LV1y Vl all airpu11ca11L vG.b'cLaLLV11,
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!�_____�__1 i __1____ Tl__ TL_ !"�_.__ _L_11 ______�___ �L_ :__t ---- __ _L.L __� ._._.___. _a_ __ �L_ ___
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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__.__.
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aL_ /'�_____� _1 T :-l____ TI__ _.1 aL
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T__�___ 7 _. _t
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.,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.
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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
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said Schedule during the preparation of the annual budget.
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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
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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
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�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
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DRANAGE
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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
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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
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7\ 1\d.._. :.,,,....Y ..,_a:._ ...rl -. -1 A-La a.. a..a,.l ^
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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 $155,000 y2�01,010100 per acre
improved recreation facilities. The land costs used herein are based on the average value of an
acre Of land within the City. 11.1, L.11L 1LU1LL LLV11uL1V11 LV Li t%, <., Ly 11\11,1 "J.111Y "Ll, 11,J1ul,l1 L1L11 UI,Yl,1Vr/1111,11L.
The facility improvements costs are based on the estimated development costs of an acre of park
land according to calculations derived for the parks and recreation impact fee. Gf u huge k3� ; acre)
:a_. ....1. (ALLY :.....L..].. 1.....,7 ,.1..,...:«� L..11C..1.1.. ...w,. ..a:..'« ,. «a.... ..1
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"Cacti VVU11L 111L,1ULL111 L11L, Vll V1 111111 LJ L,UI,ll V "1 LL1,11J.
number of facilities obtained and improved at any one time, economies of scale are expected that
may either reduce or exceed these projected costs.
Q: «.... aL �. «......1 ...7 - ..........a:..« C ..:l:a:..., .. a,..] a.. L.. .],._.,..1,._ «,.,1 «..-a ..0 .. 1.. -..... ,.....1.,.
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OL.._.1A aL- - - - L.- .7 .._...1 .. «....1 - 1.. --- T)1.. « «.....1 /.- ._Y«.... «:a:..._ - .,:1,._ a.., a1__ T)!1A
V11VUlu Lull, Ll1l,UO VL., L1l,YL,L%JF%,lA uJ V%,ly 1Lus , l 1LL1u1L,u l., Vllull Ullu Ul,J, Ji11111LU LV L11%, 1 VL-1
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IlrAL1Vllul lll,Vl,1V�J1111,11L, Lill, L"11LL uV11U11V11J /rl L.11 l,ll"JI,J arc 1111%11.' LV Vl, 111 LLi11VU11L0 Vl JV "1,11,J Vl
gamer. Larger -sized parks are more in keeping with the city's current desire to develop more
large - scale, full service community centers. The City is currently working on a parks and recreation
master plan which will identify future park sites and desired facilities.
The loss of the municipal complex park and recreational facilities contributes to the ongoing capital
need. Table 9 -4 identifies the ideal level of improvements that the City would like to offer to its
CAPITAL IMPROVEMENTS 6/98 9 -10
EAR -Based Amendments Ordinance 4, 1998
resident$. 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
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,: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_.-
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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
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CAPITAL IMPROVEMENTS 6/98 9 -12
EAR -Based Amendments Ordinance 4, 1998
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CAPITAL. IMPROVEMENTS 6/98 9 -15
EAR -Based Amendments Ordinance 4, 1998
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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.
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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
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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
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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
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8 -1
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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.
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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
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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.