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HomeMy WebLinkAboutAgenda Council Agenda 030509 anti J CITY OF PALM BEACH GARDENS 0,ok ?alm Gardens Frog COUNCIL AGENDA ay Ai I - _ lik. --4-1. - March 5, 2009 7:00 P.M. .41 „;, Mayor Jablin i' pat `- ' Vice Mayor Levy 50`h Anniversary) Council Member Russo Council Member Barnett Council Member Premuroso I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS,DELETIONS,MODIFICATIONS: IV ANNOUNCEMENTS /PRESENTATIONS: V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. (Staff Report on Page 4, Resolution on Page 6) Resolution 14, 2009 - Fire Rescue Training Agreement. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Interlocal Agreement with Palm Beach Community College for Professional Development Training for Fire-Rescue Personnel; providing an effective date; and for other purposes. IX. PUBLIC HEARINGS: Part I— Quasi-judicial a. (Staff Report on Page 11, Ordinance on Page 21) Ordinance 7, 2009 — (2nd reading and adoption) — Rezoning of the Northlake Congress Commercial Center property. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning a certain parcel of real property comprising approximately one and 37/100 (1.37) acres, more or less, in size; such parcel being located on the North side of Northlake Boulevard approximately one mile East of I-95 at the intersection of Northlake Boulevard and Congress Avenue, informally known as the Northlake Congress Commercial Center, as more particularly described herein, from Residential Medium (RM) to Commercial General (CG1) zoning district; revising the City zoning district map accordingly; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. b. (Staff Report on Page 26, Ordinance on Page 50) Ordinance 8, 2009 — (2nd reading and adoption) - Rezoning of the Loxahatchee Slough properties. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning fourteen (14) parcels of real property comprising approximately two thousand twenty-four (2,024) acres, more or less, in size; such parcels of land are located within the Loxahatchee Slough and Sandhill Crane Natural Areas which include three locations generally located West of the Florida Turnpike and/or North of Northlake Boulevard, as more particularly described herein, from Planned Development Area (PDA) to Conservation (CONS) zoning district; the City zoning district map shall be revised accordingly; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. Part II—Non-Quasi-iudicial a. (Staff Report on Page 56, Ordinance on Page 58) Ordinance 4, 2009 — (2nd reading and adoption) - Red Light Intersection cameras. An Ordinance of the City Council of the City of Palm Beach Gardens,Florida amending Chapter 70, Traffic and Vehicles by adopting an entirely new Article VI to be entitled "Dangerous Intersection Safety"; providing for recorded-image monitoring, definitions, an introductory period, review of recorded images, notices, hearing, non- responsibility provisions, enforcement, and penalties related to a violation of this article, also known as a "Red-Zone Infraction"; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. b. (Staff Report on Page 75, Ordinance on Page 100) Ordinance 11, 2009 — (2nd reading and adoption) - Studio uses in MIA Light Industrial District. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 78, Land Development at Section 78-159 entitled "Permitted Uses, Minor, and Major Conditional Uses, and Prohibited Uses" in order to provide for studio uses as Minor Conditional Uses within the M-1A Light Industrial District; providing that each and every other Section and Sub-section of Chapter 78, Land Development shall remain the same as previously adopted; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. X. RESOLUTIONS: a. (Staff Report on Page 104, Resolution on Page 106) Resolution 23, 2009 - Mutual Aid Agreement with the City of West Palm Beach. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a Mutual Aid Interlocal Agreement for Fire-Rescue Assistance between the City of Palm Beach Gardens and the City of West Palm Beach; authorizing the Mayor to execute the agreement; providing an effective date; and for other purposes. XI ORDINANCES: (For Consideration on First Reading) XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: XIII. CITY ATTORNEY REPORT: XIV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk's Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: March 5, 2009 Resolution 14, 2009 Subject/Agenda Item: Approving an Agreement with Palm Beach Community College For Professional Development Training For Fire Rescue Personnel [X] Recommendation to APPROVE [ ] Recommendation to DENY Revie -•by Originating Dept.: Costs: $85.000 Council Action: (Total)fE Ci A orney CR Brown [ ]Approved Deputy Chief,Ops $ [ ]Approved w/ Current FY conditions [ ] Denied Advertised: Funding Source: [ ] Continued to: Date: [X ] Operating Attachments: Paper: [ ] Other • Resolution 14, 2009 • Agreement Submitted by: [x] Not Required Peer T. Berge Fire Chief Department Director Affected parties Budget Acct.#: 001.1230.522.3810 Appr• -• by: otified [ ] None City anager [x] Not required Meeting Date: March 5, 2009 Resolution 14, 2009 • BACKGROUND: Palm Beach Community College (PBCC) provides Fire, EMS Training Programs and Promotional Testing services for the department. An Interlocal Agreement has been negotiated with PBCC, in order to continue these services. • STAFF RECOMMENDATION: Staff recommends approval of Resolution 14, 2009. 1 RESOLUTION 14, 2009 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING AN INTERLOCAL 6 AGREEMENT WITH PALM BEACH COMMUNITY COLLEGE FOR 7 PROFESSIONAL DEVELOPMENT TRAINING FOR FIRE-RESCUE 8 PERSONNEL; PROVIDING AN EFFECTIVE DATE; AND FOR 9 OTHER PURPOSES. 10 11 12 WHEREAS, Palm Beach Community College (PBCC) provides Fire and EMS 13 Training Programs and Promotional Testing Services for the Fire-Rescue Department; 14 and 15 16 WHEREAS, the City Council wishes to enter into a one (1) year agreement with 17 Palm Beach Community College to provide professional development training for the 18 City's Fire-Rescue personnel, which agreement has been prepared and is attached 19 hereto; and 20 21 WHEREAS, the City Council has determined that approval of this Resolution is in 22 the best interests of the residents and citizens of the City of Palm Beach Gardens. 23 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 26 OF PALM BEACH GARDENS, FLORIDA that: 27 28 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 29 30 SECTION 2. The City Council hereby approves the Agreement with Palm Beach 31 Community College in an amount not to exceed $85,000, authorizes the Mayor to 32 execute such Agreement, and authorizes the City Manager to execute any future 33 renewal Addenda. 34 35 SECTION 3. This Resolution shall become effective immediately upon adoption. 36 37 38 (The remainder of this page left intentionally blank) 39 40 41 42 43 44 45 46 47 Resolution 14, 2009 1 PASSED AND ADOPTED this day of , 2009. 2 3 4 5 CITY OF PALM BEACH GARDENS, FLORIDA 6 7 8 9 BY: 10 Eric Jablin, Mayor 11 12 ATTEST: 13 14 15 16 BY: 17 Patricia Snider, CMC, City Clerk 18 19 20 APPROVED AS TO FORM AND 21 LEGAL SUFFICIENCY 22 23 24 25 BY: 26 R. Max Lohman, Interim City Attorney 27 28 29 30 VOTE: AYE NAY ABSENT 31 32 MAYOR JABLIN 33 34 VICE MAYOR LEVY 35 36 COUNCILMEMBER RUSSO 37 38 COUNCILMEMBER BARNETT 39 40 COUNCILMEMBER PREMUROSO 41 42 43 44 45 46 47 G:\attorney_share\RESOLUTIONS\2009\resolution 14 2009-agmt with PBCC for professional development training svcs.docx 2 INTERLOCAL AGREEMENT FOR TRAINING PURPOSES THIS AGREEMENT is made and entered into on the day of , 2009, by and between PALM BEACH COMMUNITY COLLEGE (hereinafter referred to as "COLLEGE") and the CITY OF PALM BEACH GARDENS (hereinafter referred to as "CITY") and mutually agree to the following: WHEREAS, the CITY enters into an agreement for the provision of professional development training services provided by the COLLEGE; and WHEREAS, the COLLEGE represents that it is prepared to provide the training. NOW, THEREFORE, the Parties agree as follows: The COLLEGE shall: 1. Undertake the provision of training as an independent contractor and shall be wholly responsible for the methods of training. The CITY shall have no right to supervise the methods used, but the CITY shall have the right to observe such training. The COLLEGE shall work closely with the CITY in production of training under this Agreement. The parties hereto understand that the COLLEGE shall provide certified instructors/instruction for the purpose of firefighting and emergency medical services training and promotion testing for the requisite CITY personnel. 2. Comply with applicable regulatory and other applicable requirements, including federal, state, and local laws, rules, regulations, orders, codes, criteria, and standards. 3. Maintain Workers' Compensation and General Liability in accordance with Section 768.28, Florida Statutes. 4. Deliver all training sessions (including cost associated with them) as stated in the Scope of Services for approval by the CITY for each training session. 5. Provide fully-qualified and certified trainer(s). 6. Provide other services to be agreed upon in writing when applicable. The CITY shall: 1. Submit necessary paperwork to be an approved COLLEGE customer if not already. Such approval herein shall not be unreasonably withheld. 2. Pay the COLLEGE as stated in the Scope of Services and as otherwise provided for herein. 3. Provide participant enrollment, notification, and registration when applicable. Both Parties agree: 1. Either Party reserves the right to cancel this Agreement without obligation upon written notice thirty (30) days in advance of training; otherwise, cancellations are subject to sickness, riots, civil disobedience, acts of God, or other legitimate conditions beyond the control of either Party. Rescheduling may be done upon mutual agreement of both Parties. This Agreement is subject to fiscal funding out by the Parties. 2. All materials, data, personnel information, and other information obtained by either Party not subject to Florida Sunshine Laws are confidential, and both Parties shall take all necessary measures to protect any confidential material. The provisions of this paragraph shall survive the expiration of this Agreement. 3. To the extent permitted by Florida law, to indemnify, defend, and hold harmless each other from and against all claims, damages, losses, judgments, and expenses, including all reasonable legal fees and costs, if it is necessary for either Party to defend an action arising out of any alleged acts or omissions of Party, its agents, servants, or employees. 4. Provide appropriate training facilities and media equipment at either the COLLEGE or the CITY site as required in the Scope of Services 5. They do not discriminate based on race, religion, national origin, gender, age, or handicap. 6. This Agreement shall be construed in accordance with the laws of the State of Florida. Should any dispute arise from this Agreement, venue shall lie in Palm Beach County, Florida. 7. The total training cost shall not exceed $85,000 during the term of this Agreement, and the cost for each scope of service shall be mutually agreed to in writing by the Parties prior to commencement of such services. 2 , ■ 8. The term of this Agreement will be from January 1, 2009, and ending December 31, 2009. 9. Payment will be due upon completion of each Scope of Services agreed upon and as provided for in the Florida Prompt Payment Act. 10. Training shall be delivered as agreed upon in the Scope of Services. IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates hereinafter written. Executed by the CITY this day of , 2009. CITY OF PALM BEACH GARDENS, FLORIDA [SEAL] By: Eric Jablin, Mayor ATTEST: By: Patricia Snider, CMC, City Clerk APPROV D AS TO FORM AND LEGAL % FFICIENCY ,l I *- By: I ,a, Robe A. Rost lo Asst. City Attorney Executed by the COLLEGE this /C=4" day of jpiwarzti , 2009. PALM BEACH COMMUNITY COLLEGE By: J L. .N.�...�9-- k‘ 1r.‘6q Print Name:( ►c.{-t An j A .T ti.. Title:Vp A---D NI i„„ i c I h.ill-1 o r 6 uc, cs s Svcs G:\attomey_share\AGREEMENTS\pbcc-pbgardens-interlocal agmt-fire and ems training.doc. 3 CITY OF PALM BEACH GARDENS CITY COUNCIL AGENDA COVER MEMORANDUM Meeting Date: March 5,2009 Ordinance 7,2009 SUBJECT/AGENDA ITEM Ordinance 7,2009: Northlake Congress City-Initiated Rezoning Second Reading and Public Hearing: A City-initiated request, for rezoning on a portion of real property known as the Northlake Congress Commercial Center from Residential Medium (RM) to Commercial General (CG1) zoning district. Said property comprises approximately one and 37/100 (1.37) acres in size; such parcel of land is located on the north side of Northlake Boulevard approximately one mile east of I-95 at the intersection of Northlake Boulevard and Congress Avenue, and owned by Northlake Venture L.C. [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: City Council: Growth [ ] Approval 1 S` In ;r�; Attorney Management: Senior Accountant: reading R. . Lohman,Esq. Project N/A [ ] Denial Manager: Tresha Thomas [ ] Postponed Stephen Mayer Fees Paid: [X]Yes [ ] Continued Senior Planner to: Growth anagement Ad • i rator [X] Quasi—Judicial Kara L. rwin,AICP [ ] Legislative Budget Acct.#: [X] Public Hearing N/A Long Range Planning Advertised: Attachments: Manager 7 Date: 2/18/09 • Ordinance 16, Nilsa C. Zacarias, P 2008 Paper: Palm Beach • Location Map Post • Current Zoning Map [X] Required • Proposed Zoning Approved By: [ ] Not Required Map A • Future Land Use Affected Parties: City a-ager✓ [X]Notified Map • Ordinance 7, 2009 [ ] Not Required Ronal. M. 'erris Meeting Date: March 5,2009 Petition: Ordinance 7,2009 EXECUTIVE SUMMARY The subject petition is a request to change the zoning district for a 1.37 acre parcel from Residential Medium (RM) to Commercial General (CG1) zoning district. The site is currently part of the Northlake Congress Commercial Center, a 3.07 acre commercial plaza located on the north side of Northlake Boulevard approximately one mile east of I-95 at the intersection of Northlake Boulevard and Congress Avenue. The City Council approved Ordinance 16, 2008, amending the Future Land Use Map (FLUM) designation for this property to Commercial. The proposed Zoning Map change will bring the Zoning Map into conformity with the FLUM. On February 5, 2009, the City Council voted 5-0 to approve the first reading of Ordinance 7, 2009. BACKGROUND The subject petition is a request to change the zoning district for a 1.37 acre parcel from Residential Medium (RM) to Commercial General (CG1) zoning district. The site is currently part of the Northlake Congress Commercial Center, a 3.07 acre commercial plaza located on the north side of Northlake Boulevard approximately one mile east of I-95 at the intersection of Northlake Boulevard and Congress Avenue (please see attached location map). The Center consists of a drugstore parcel, approximately 0.85 acres with an existing 13,905 sq. ft. Walgreens Pharmacy and a parcel fronting along Northlake Boulevard on the east side, approximately 0.85 acres in size, currently leased by Pollo Tropical. The site plan was approved in 1998 via Resolution 117, 1998, and included 16,815 square feet of commercial uses including a retail/drug store and drive-through restaurant. The residential parcel was included as part of this approval, and currently provides parking, access, loading, and dry detention for the Commercial Center. The City Council approved Ordinance 16, 2008, amending the Future Land Use Map (FLUM) designation for this property to Commercial. The proposed Zoning Map change will bring the Zoning Map into conformity with the FLUM. LAND USE & ZONING The Future Land Use designation of the site as shown on the City's Future Land Use Map is Commercial (C) (please see attached FLUM). The site currently has a zoning designation of General Commercial (CG-1) and Residential Medium (RM) (please see attached current zoning map). The present zoning designation for this property forces an unnatural division of a property under two different zoning districts that is currently under ownership by one entity, and was approved and platted as one project. The proposed zoning will bring the existing conditions into conformity and bring the current Residential Medium (RM) zoning into compliance. The City is initiating a rezoning of the subject 1.37-acre parcel to General Commercial (CG-1) zoning district in order to be consistent with the City's Comprehensive Plan Future Land Use designation of Commercial (C) (please see attached proposed zoning map). The zoning and land- use designations of adjacent properties are as follows: 2 Meeting Date: March 5,2009 Petition: Ordinance 7,2009 Table 1. ZONING CLASSIFICATIONS AND LAND-USE DESIGNATIONS EXISTING USE ZONING FUTURE LAID 1.1 SUBJECT PROPERTY: General Commercial & Northlake Congress Commercial Residential Medium (CG-1 & Commercial (C) (Walgreens and Polio Tropical) RM) TO THE NORTH: Residential Medium Residential Medium(RM) Vacant (f.k.a. Hilltop) (RM) TO THE SOUTH: Commercial General (CG 1) Commercial (C) Walgreens, Pollo Tropical/Target TO THE EAST: Commercial General (CG1) Commercial (C) dry cleaning facility TO THE WEST: General Commercial (CG-1) Commercial (C) Applebees EXISTING NON-CONFORMITIES The proposed rezoning will bring the existing legal non-conformities (non-conforming uses) into conformity with the City's Code of Ordinances. PLANNING, ZONING,AND APPEALS BOARD (PZAB) On January 13, 2009, the Planning, Zoning and Appeals Board (PZAB) recommended approval of the petition to City Council by a 7-0 vote. CITY COUNCIL On February 5, 2009,the City Council voted 5-0 to approve the first reading of Ordinance 7, 2009. STAFF RECOMMENDATION The City has initiated a rezoning of the subject 1.37-acre parcel to General Commercial (CG-1) zoning district in order to be consistent with the City's Comprehensive Plan Future Land Use designation of Commercial (C). Therefore, staff recommends APPROVAL of Ordinance 7, 2009. 3 Date Prepared:June 13,2008 1 ORDINANCE 16, 2008 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA ADOPTING A SMALL SCALE 6 AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN 7 ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER • 8 163, FLORIDA STATUTES, SPECIFICALLY SECTION 9 163.3187(1 Xc), ET SEQ., FLORIDA STATUTES, PURSUANT TO 10 CITY-INITIATED APPLICATION NO. CPMA-08-06-000010, WHICH 11 PROVIDES FOR AN AMENDMENT TO THE CITY'S FUTURE LAND 12 USE MAP DESIGNATING ONE (1) PARCEL OF REAL PROPERTY 13 COMPRISING APPROXIMATELY ONE AND 37/100 (1.37±) ACRES, 14 MORE OR LESS, IN SIZE AS "(C) COMMERCIAL"; SUCH PARCEL 15 OF LAND IS LOCATED AT THE NORTHEAST CORNER OF 16 NORTHLAKE BOULEVARD AND CONGRESS AVENUE, 17 INFORMALLY KNOWN AS THE "NORTHLAKE CONGRESS 18 COMMERCIAL CENTER"; PROVIDING FOR COMPLIANCE WITH 19 ALL REQUIREMENTS OF CHAPTER 163, FLORIDA STATUTES; 20 PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY 21 CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 22 PURPOSES. 23 24 25 WHEREAS, the State Legislature of the State of Florida has mandated that all 26 municipalities draft and adopt Comprehensive Development Plans to provide thorough 27 and consistent planning with regard to land within their corporate limits; and 28 29 WHEREAS, all amendments to the Comprehensive Development Plan must be 30 adopted in accordance with detailed procedures which must be strictly followed; and 31 32 WHEREAS, the City of Palm Beach Gardens has initiated application number 33 CPMA-08-06-000010, which provides for a small-scale amendment to the City 34 Comprehensive Development Plan which meets all the requirements of a "small scale" 35 development as defined in Section 163.3187(1)(c), Florida Statutes; and e 36 37 WHEREAS, the City of Palm Beach Gardens has held all duly required public 38 hearings, in accordance with Chapter 163, Florida Statutes, and its Code of Ordinances; 39 and 40 41 WHEREAS, the City Council desires to adopt the proposed amendment to the 42 current Comprehensive Development Plan to guide and control the future development 43 of the City, and to preserve, promote and protect the public health, safety, and welfare. 44 45 46 Date Prepared:June 13,2008 Ordinance 16,2008 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 2 OF PALM BEACH GARDENS, FLORIDA that: 3 4 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 5 6 SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby 7 adopts an amendment to its current Comprehensive Development Plan dated January 8 1990 by providing for the land use designation for one (1) parcel of real property 9 comprising approximately one and 371100 (1.37±) acres, more or less, in size and 10 amending the City's Future Land Use Map accordingly, which amendment consists of 11 changing the existing map to the one which is attached hereto as Exhibit "As and made a 12 part hereof and of the current Comprehensive Development Plan. A copy of the 13 Comprehensive Development Plan, as amended, is on file in the office of the City Clerk, 14 City of Palm Beach Gardens, Florida. 15 16 SECTION 3. The City's Growth Management Administrator is hereby directed to 17 transmit one (1) copy of the amendment to the current Comprehensive Development Plan 18 to the State Land Planning Agency within ten (10) working days of adoption, along with a 19 letter from the Mayor or his designee indicating the number of acres for the amendment 20 submitted, the cumulative number of acres involved in small-scale developments within 21 the City of Palm Beach Gardens that the City Council has approved during the past 22 calendar year, a copy of the executed adopting ordinance, ordinance effective date, a 23 copy of the public hearing notice, a completed copy of Form RPM-BSP-Small Scale-1, and 24 small scale development amendment application number in accordance with Rule 9J- 25 11.015, Florida Administrative Code. A copy of the above shall also be sent to the 26 Treasure Coast Regional Planning Council and to any other unit of local government that 27 has filed a written request for same. 28 29 SECTION 4. All ordinances or parts of ordinances in conflict be and the same are 30 hereby repealed. 31 32 SECTION 5. Should any section or provision of this Ordinance or any portion 33 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 34 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 35 36 SECTION 6. This amendment shall become effective thirty-one (31) days after 37 adoption. No development orders, development permits or land uses dependent on this 38 amendment may be issued or commence before it has become effective. If the 39 Ordinance is timely challenged by an "affected person" as defined in Chapter 163, 40 Florida Statutes, the amendment does not become effective until a final order is issued 41 finding the amendment in compliance. 42 43 44 45 46 2 Date Prepared:June 13,2008 Ordinance 16,2008 1 PASSED this al%r day of f/6 UST , 2008, upon first reading. 2 3 PASSED AND ADOPTED this tiN.day of re.mere,t , 2008, upon 4 second and final reading. 5 6 7 8 CITY OF PA : - CH GARDENS FOR AGAINST ABSENT 9 io 11 BY: `: Ao 4/ 12 Eric Ja►ma=r mrglir 14 t , 7 _ _ 15 David L-' t/i�sl •r 16 • 17 /%► I / _ •� 18 at -. Russo' ouncilmember 19 20 i 1 21 Jody Barnett, Councilmember 22 23 24 Robert G. Premuroso, Councilmember 25 26 27 ATTEST: 28 29 30 BY: _/` C#11&(_ 31 Patricia Snider, CMC, City Clerk 32 33 34 APPROVED AS TO FOR 35 LEGAL SUF ENCY // 36 37 38 BY:4 r i�!� 39 -. 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'. ...0... . -- 4.4.--.` ; ,.,.„ 1 1.,.. , , ,0" .• • --,, .1.1:-. ; ‘ _ ts• I „,, nr --f.- . „it i t_. ...., .4,,..,•,-, ., . . • .; Ordinance 7, 2009 1 2 ORDINANCE 7, 2009 3 4 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 6 BEACH GARDENS, FLORIDA REZONING A CERTAIN PARCEL OF 7 REAL PROPERTY COMPRISING APPROXIMATELY ONE AND 8 37/100 (1.37) ACRES, MORE OR LESS, IN SIZE; SUCH PARCEL 9 BEING LOCATED ON THE NORTH SIDE OF NORTHLAKE 10 BOULEVARD APPROXIMATELY ONE MILE EAST OF 1-95 AT THE 11 INTERSECTION OF NORTHLAKE BOULEVARD AND CONGRESS 12 AVENUE, INFORMALLY KNOWN AS THE NORTHLAKE 13 CONGRESS COMMERCIAL CENTER, AS MORE PARTICULARLY 14 DESCRIBED HEREIN, FROM RESIDENTIAL MEDIUM (RM) TO 15 COMMERCIAL GENERAL (CG1) ZONING DISTRICT; REVISING 16 THE CITY ZONING DISTRICT MAP ACCORDINGLY; PROVIDING A 17 CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND 18 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND 19 FOR OTHER PURPOSES. 20 21 22 WHEREAS, the City of Palm Beach Gardens has initiated application number 23 REZN-08-07-000004 for rezoning one (1) parcel of real property from Residential 24 Medium (RM) to General Commercial (CG-1) zoning district to be consistent with the 25 City's Future Land Use Map, as more particularly described herein; and 26 27 WHEREAS, the subject site is currently zoned Residential Medium (RM) and has 28 a land-use designation of Commercial (C); and 29 30 WHEREAS, the Growth Management Department has reviewed the application, 31 has determined that it is sufficient, and has recommended approval; and 32 33 WHEREAS, the Planning, Zoning, and Appeals Board held a public hearing on 34 January 13, 2009, and has recommended approval of the rezoning to the City Council 35 with a vote of 7-0; and 36 37 WHEREAS, the City Council, as the governing body of the City of Palm Beach 38 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida 39 Statutes, and the City's Land Development Regulations, is authorized and empowered 40 to consider petitions related to zoning and land development orders; and 41 42 WHEREAS, the City Council has considered the evidence and testimony 43 presented by staff and other interested parties and the recommendations of the various 44 City of Palm Beach Gardens and Palm Beach County review agencies and staff; and 45 46 Ordinance 7, 2009 1 WHEREAS, the City Council has determined that adoption of this Ordinance is in 2 the best interests of the citizens and residents of the City of Palm Beach Gardens, 3 Florida; and 4 5 WHEREAS, the City Council has determined that this Ordinance is consistent 6 with the City's Comprehensive Plan based on the following findings of fact: 7 8 1. The proposed rezoning of General Commercial (CG-1) is consistent with the 9 future land-use designation of Commercial (C). 10 11 2. The proposed rezoning is in harmony with the general purpose and intent of 12 the Comprehensive Plan and the Land Development Regulations, and is 13 compatible with the intensity and density of the surrounding, existing, and 14 future land uses. 15 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 18 OF PALM BEACH GARDENS, FLORIDA that: 19 20 SECTION 1. The zoning of the following-described property, as depicted in 21 Exhibit "A", is hereby changed from Residential Medium (RM) to General Commercial 22 (CG-1): 23 24 LEGAL DESCRIPTION 25 26 A PARCEL OF LAND LYING IN SECTION 18, TOWNSHIP 42 SOUTH, RANGE 43 27 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY 28 DESCRIBED AS FOLLOWS: 29 30 COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 18; THENCE N 31 88°26'21" W (AS A BASIS OF BEARING ALONG THE SOUTH LINE OF SAID 32 SECTION 18), A DISTANCE OF 100.00 FEET; THENCE N 01°35'11" E PARALLEL 33 WITH THE EAST LINE OF SECTION 18, A DISTANCE OF 70.00 FEET TO THE 34 POINT OF BEGINNING; THENCE CONTINUE N 01°35'11" ALONG THE WEST LINE 35 OF THE EAST 100.00 FEET OF SECTION 18, A DISTANCE OF 383.00 FEET; 36 THENCE N 88°26'21" W ALONG THE NORTH LINE OF THE SOUTH 453 FEET OF 37 SECTION 18, A DISTANCE OF 407.00 FEET; THENCE S 01°35'11" W ALONG THE 38 WEST LINE OF THE EAST 507 FEET OF SECTION 18, A DISTANCE OF 342.98 39 FEET; THENCE S 43°24'49" E, A DISTANCE OF 56.57 FEET; THENCE S 88° 26'21" E 40 ALONG A LINE PARALLEL WITH AND 70 FEET NORTH OF THE SOUTH LINE OF 41 SECTION 18, A DISTANCE OF 367.00 FEET TO THE POINT OF BEGINNING. 42 43 SECTION 2. The City Manager is hereby authorized and directed to amend the 44 zoning district map of the City in accordance with this Ordinance. 45 46 2 Ordinance 7, 2009 1 SECTION 3. All Ordinances or parts of Ordinances in conflict be and the same 2 are hereby repealed. 3 4 SECTION 4. Should any section or provision of this Ordinance or any portion 5 thereof, any paragraph, sentence, or word be declared by a Court of competent 6 jurisdiction to be invalid, such decision shall not affect the validity of the remainder of 7 this Ordinance. 8 9 SECTION 5. Specific authority is hereby granted to codify this Ordinance. 10 11 SECTION 6. This Ordinance shall become effective immediately upon adoption. 12 13 PASSED this 5 - day of Ft'1Rt'Of , 2009, upon first reading. 14 15 PASSED AND ADOPTED this day of , 2009, upon second 16 and final reading. 17 18 CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT 19 20 BY: 21 Eric Jablin, Mayor 22 23 24 David Levy, Vice Mayor 25 26 27 Joseph R. Russo, Councilmember 28 29 30 Jody Barnett, Councilmember 31 32 33 Robert G. Premuroso, Councilmember 34 35 ATTEST: 36 37 BY: 38 Patricia Snider, CMC, City Clerk 39 40 APPROVED AS TO FORM AND 41 LEGAL SUFFICIENCY 42 43 BY: 44 R. Max Lohman, Interim City Attorney �/ 45 46 47 O:\attorney_share\ORDINANCES\2009\Ordinance 7 2009 Northlake ComCenter Rezone.doc 3 Ordinance 7, 2009 EXHIBIT "A" ir . r• '1.- .'-• . 'r .. , 1 18,, ........... . t ...- ... le' t , . ....t . ..,10 4j1 i , 1 I I ,. .6# ' , - 11 ' 41A.p... li. "Vjil 4.41,,-_. , . • ,,.„1. ._, 4-3 .1, , ii. . - • .. : ...4 ., 1.. . - * ' te.fk,3d 1 4 ep i ''' r---ii: . • ill' --.., --. .. , .., Is • ' , - • a -" "‘ A . '', A. , C .1r t■- . -V. 1 .„a II 1 1 . • , t itifs.s ', t 0 i .. 4 V* : ..1 1 44 . ', • ,ifiezid f _ _ . . , .. I Ik 0S4 • I .f4.t. 4 l'-. 1:--'41 -'. • _ • 5.., 1. • n. • 11111 ' i ?. 11 4. .. _. or.4 ...., . ."'"' ..'-- It 4i40$ . 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VV•• • CITY OF PALM BEACH GARDENS CITY COUNCIL AGENDA COVER MEMORANDUM Meeting Date: March 5,2009 Ordinance 8,2009 SUBJECT/AGENDA ITEM Ordinance 8,2009: Loxahatchee Slough City-Initiated Rezoning Second Reading and Public Hearing: A joint City-County initiated request for rezoning of several parcels of real property within the Loxahatchee Slough and Sandhill Crane Natural Areas from Planned Development Area(PDA)to Conservation(CONS)zoning district. Said parcels comprise approximately two thousand twenty four (2,024) acres, in size; such parcels are owned by Palm Beach County, and are located in three general locations west of the Turnpike, and north of Northlake Boulevard. [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by:d Originating Dept.: FINANCE: City Council: Growth [ ] Approval 1St Interiet orney Management: Senior Accountant: reading R. M. ohman, Esq. S Project N/A [ ] Denial Manager '-/I Tresha Thomas [ ] Postponed Stephen Mayer Fees Paid: [X] Yes [ ] Continued Growth anagement Senior Planner to:_ Adni i ator KaraWL. Irwin,AICP [X] Quasi—Judicial [ ] Legislative Budget Acct.#: Long Range ning [X]Public Hearing PI N/A Manager iv 2— , Advertised: Attachments: Nilsa C. Zacarias, AICP Date: February 18, • Ordinance 12, 2009 2008 • Location Map Paper: Palm Beach • Current Zoning Post Map Approved By: • Proposed Zoning City Manager: [X] Required Map [ ] Not Required • Future Land Use A it , i�� Affected Parties: Map Ronald . Ferr s [X]Notified • Ordinance 8, 2009 [ ] Not Required Meeting Date: March 5,2009 Ordinance 8,2009 EXECUTIVE SUMMARY The subject sites consist of several different parcels owned by Palm Beach County ("County") acquired to preserve and maintain the natural habitat in the Loxahatchee Slough and Sandhill Crane Natural Areas, and total approximately 2,024 acres. The proposed Zoning Map change will provide the appropriate zoning district of Conservation (CONS) to the subject properties and will help preserve the existing native resource and native vegetation on the sites and provide an additional layer of protection to these environmentally sensitive lands. On February 5, 2009, the City Council voted 5-0 to approve the first reading of Ordinance 8, 2009. BACKGROUND The subject properties are located in various areas throughout western Palm Beach Gardens, in the general vicinity of the existing Loxahatchee Natural Slough more specifically illustrated on the attached location map. The properties are owned by Palm Beach County ("County"), and were acquired to preserve and maintain the natural habitat in the Loxahatchee Slough and Sandhill Crane Natural Areas. Although the subject areas have a Future Land Use (FLU) category of Conservation and existing conservation easements in place to protect the natural environment, the zoning of the property as Planned Development Area (PDA) is not appropriate since the nature and character of these properties now functions exclusively for Conservation purposes. The proposed Zoning Map change will provide the appropriate zoning district of Conservation (CONS) to the subject properties. It will provide an additional layer of protection for the properties to remain protected in perpetuity. The Loxahatchee Slough Natural Area is the largest and most diverse of the sites acquired as natural areas by Palm Beach County. It extends for up to seven miles north and south of the intersection of the Bee Line Highway and PGA Boulevard. The Loxahatchee Slough is a wide, shallow channel of water that flows approximately 250 days per year. It provides a deep drainage-way through historical strand swamp and peat soil swale systems. The Slough is a regionally significant wetland and the historic headwaters of the Loxahatchee National Wild and Scenic River. It is a mosaic of high-quality freshwater wetlands such as cypress swamps, marshes, and wet prairies, interspersed with pine flatwoods and hammocks. The County purchased 10,389 acres of the Slough from the John D. and Catherine T. MacArthur Foundation in October 1996. The Loxahatchee Slough is managed as part of a countywide system of natural areas, protected to maintain the diversity of biological communities and species in Palm Beach County. This area is open to the public for environmental education, scientific research, and passive recreation activities, such as nature walks, bird watching, and photography, which are all permitted uses with the proposed Conservation (CONS) zoning district. The County recently completed the Loxahatchee Slough Restoration Project which involved the removal of exotic vegetation, ditch filling and the restoration of hydraulic conditions. The Sandhill Crane property was purchased by the South Florida Water Management District ("District") in 1999 from the MacArthur Foundation with the intention of giving the land management to the County so that it could be managed as part of the Loxahatchee Slough Natural Area. The Sandhill Crane property was donated to the County from the District in November 2007 2 Meeting Date: March 5,2009 Ordinance 8,2009 for conservation purposes in exchange for a Deed of Conservation Easement of the Loxahatchee Slough Natural Area to provide an additional layer of protection to the conservation lands. The County manages the habitat and species of the Sandhill Crane property while the District retains its responsibilities to manage the water flowing through the C-18 canal. Through the adoption of Ordinance 12, 2008, the City Council amended the FLUM designation for the properties to Conservation(CONS). The subject sites consist of several different parcels, which total approximately 2,024 acres. The proposed zoning district will help preserve the existing native resource and native vegetation on the sites and provide an additional layer of protection to these environmentally sensitive lands. LAND USE & ZONING The subject areas are outside Urban Growth Boundary (UGB) and function as part of the Loxahatchee Slough and Sandhill Crane Natural Areas. All three areas are immediately contiguous to adjacent eco-corridors or natural areas. The subject sites have been broken into three (3) parcel areas for the purposes of this report. Parcel `1' is located south of Jupiter Farms along the northern 1/3 of the County's Loxahatchee Slough Natural Area; Parcel `2' is located north of the Beeline Highway, approximately 1 mile NE of PGA Boulevard; and Parcel `3' is located north of Northlake Boulevard, approximately 3 miles west of the Bee Line Highway. Please see Table 1 (below) and the Location Map (on the following page). Table 1. Subject Properties Parcel Acreage North South I East West 1 1,461.14 Loxahatchee Bee Line Highway Loxahatchee Slough Caloosa Sandhill Crane Slough(CONS) & Sweetbay (CONS) (Residential Site Preserve(CONS) Low) 2 477.92 Jupiter Farms Loxahatchee Loxahatchee Jupiter Farms Loxahatchee (Rural Slough Slough/Jupiter Farms (Rural Slough Natural Residential) (CONS ) (CONS/Rural Residential) Area � Residential) 3 85.11 Loxahatchee Northlake i Loxahatchee Slough Carlton Oaks Loxahatchee Slough(CONS) Boulevard (CONS) (Residential Slough Natural Low) Area Total 2024.17 3 Meeting Date: March 5,2009 Ordinance 8, 2009 Map 1. Subject Properties Location Map 's. '4hat A+ r I:∎-- al I ! •41;vslitTtets4AILUIrro 13 iliil as.,., ..,,- #4,1-::::::.t.uterani-- , , . siori% ' 24 .Izt ,4_, .044, ..,..„,o.,,.,,,-?,' ;;'„,-... ';. . Ate/OV41 1 s ...1;.1:4:11.?..i..."-.......'..::... pr,-..._%=-lik '.1,i : "'.,, q 4'4- f t'' Frr, - ��.I 1 I aJ �`.11-clq ,41411111V1 E• \ 7,-LI ;,‘ • 1 Y.),' ' g-;, .., .....ph. , ._....0.i..,,..4k. AN.. , ,- ' N~ —P(.AI. •u I E VAR.D '-"�..�_�-- '�.0. a::"�',• i::0.1t.ti .• ' SN'4LN'lli\' .: )% . :7,. .\77\.jtl.x-.4.;.i .ia.Ce.-:::4‘.i'.!,:,11,;/.4:' li + 3.11.;; S 1 Lff_rLJ! rA , 1PRI — .:. � i� `1 .IJ. ,,,,46w LOCATION MAP Legend r� a' CITY OF PALM BEACH GARDENS eve:;u�`:"'wrowen..° pr.x.0.tu.ts .1. PA! M Fr-',^H GARDENS,FLORIDA yy F. 0 11100,000 4, ?00 9.07] AMMl1.tl�� PLANNING, ZONING, AND APPEALS BOARD (PZAB) On January 13, 2009, the Planning, Zoning and Appeals Board (PZAB) recommended approval of the petition to City Council by a 7-0 vote. CITY COUNCIL On February 5, 2009, the City Council voted 5-0 to approve the first reading of Ordinance 8, 2009. STAFF RECOMMENDATION The City has initiated a rezoning of the subject 2,024-acre parcel to Conservation (CONS) zoning district in order to be consistent with the City's Comprehensive Plan Future Land Use designation of Conservation (CONS). Therefore, staff recommends APPROVAL of Ordinance 8, 2009. 4 Date Prepared:June 13,2008 ORDINANCE 12, 2008 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA, ADOPTING A LARGE SCALE 6 AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN T ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 8 163, FLORIDA STATUTES, SPECIFICALLY SECTION 163.3184, ET 9 SEQ., FLORIDA STATUTES, PURSUANT TO CITY INITIATED 10 APPLICATION NO. CPMA-08-04-000008, WHICH PROVIDES FOR 11 AN AMENDMENT TO THE CITY'S FUTURE LAND USE MAP 12 DESIGNATING FOURTEEN (14) PARCELS OF REAL PROPERTY 13 COMPRISING APPROXIMATELY TWO THOUSAND TWENTY- 14 FOUR (2,024kJ ACRES, MORE OR LESS, IN SIZE AS "CONS - 15 CONSERVATION"; SUCH PARCELS OF LAND ARE LOCATED 16 NORTH OF BEELINE HIGHWAY AND PGA BOULEVARD, 17 INFORMALLY KNOWN AS THE "LOXAHATCHEE SLOUGH AND 18 SANDHILL CRANE NATURAL AREAS"; PROVIDING FOR 19 COMPLIANCE WITH ALL REQUIREMENTS OF CHAPTER 163, 20 FLORIDA STATUTES; PROVIDING FOR TRANSMITTAL TO THE 21 STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS 22 CLAUSE, A SEVERABIUTY CLAUSE AND AUTHORITY TO 23 CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 24 PURPOSES. 25 26 27 WHEREAS, the State Legislature of the State of Florida has mandated that all 28 municipalities draft and adopt comprehensive development plans to provide thorough 29 and consistent planning with regard to land within their corporate limits; and 30 31 WHEREAS, all amendments to the comprehensive development plan must be 32 adopted in accordance with detailed procedures which must be strictly followed; and 33 34 WHEREAS, the City of Palm Beach Gardens has carefully prepared an 35 amendment to its Comprehensive Development Plan pursuant to a City-initiated 36 amendment; and 37 38 WHEREAS, the City of Palm Beach Gardens has held all duly required public 39 hearings, both prior to submission of the proposed amendment of the plan to the State 40 Department of Community Affairs and after the proposed amendment of the plan was 41 returned to the City of Palm Beach Gardens, in accordance with Chapter 163.3184, 42 Florida Statutes; and 43 44 WHEREAS, the City Council desires to adopt the amendment to the current 45 Comprehensive Development Plan to guide and control the future development of the 46 City, and to preserve, promote, and protect the public health, safety, and welfare. Orb Prepared:Juno 13,2008 Ordinance 12,2008 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 2 OF PALM BEACH GARDENS, FLORIDA that: 3 4 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 5 6 SECTION 2. The Future Land Use Map of the City's Comprehensive 7 Development Plan is hereby amended, as set forth in accordance with Exhibit "A", 8 attached hereto and incorporated herein. 9 10 SECTION 3. A copy of the Comprehensive Development Plan, as amended, shall 11 be kept on file in the office of the City Clerk, City of Palm Beach Gardens, Florida. 12 13 SECTION 4. The Growth Management Administrator is hereby directed to 14 transmit three (3) copies of the amendment to the current Comprehensive Development 15 Plan to the State Land Planning Agency, along with a copy to the Treasure Coast 16 Regional Planning Council, and to any other unit of local government who has filed a 17 written request for a copy, within ten (10)working days after adoption, in accordance with 18 Section 163.3184(7), Florida Statutes. 19 20 SECTION 5. All ordinances or pmts of ordinances in conflict be and the same are 21 hereby repealed. 22 23 SECTION 6. Should any section or provision of this Ordinance or any portion 24 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 25 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 26 27 SECTION 7. Specific authority is hereby given to codify this Ordinance and make it 28 part of the City's Comprehensive Development Plan. 29 30 SECTION 8. The effective date of this plan amendment shall be the date a final 31 order is issued by the Department of Community Affairs or Administration Commission 32 finding the amendment in compliance in accordance with Section 163.3184(1 Xb), Florida 33 Statutes, whichever occurs earlier. No development orders, development permits, or land 34 uses dependent on this amendment may be issued or commence before it has become 35 effective. If a final order of noncompliance is issued by the Administration Commission, 36 this amendment may nevertheless be made effective by adoption of a resolution affirming 37 its effective status, a copy of which resolution shall be sent to the Department of 38 Community Affairs, Division of Community Planning, Plan Processing Team. 39 40 41 42 43 44 45 46 2 Date Prepared:June 13,2008 Ordinance 12,2008 1 PASSED this XI %r day of pry&115 J , 2008, upon first reading. 2 3 PASSED AND ADOPTED this 41* day of 020000.4 , 2008, upon 4 second and final reading. 5 6 CITY OF P B • CH GARDENS FOR AGAINST ABSENT 7 8 9 BY: �� �/ ✓ 10 Eric arrin, !'-rigy 11 12 _ 13 David Le �� r= M, f/ or 14 15 // 16 Jo "r. usso, runcilmember 17 18 _ 7 19 ..1;.y B e , Cou cilmetIer 20 21 ✓ 22 Robert G. Premuroso, Councilmember 23 24 25 ATTEST: 26 27 28 BY: 29 Patricia Snider, CMC, City Clerk 30 31 32 APPROVED AS TO FORM AND 33 LEGAL SUFFICIENCY 34 35 36 BY: 37 R. M. i'• man, Interim City Attorney 38 39 40 41 42 43 44 45 46 47 O:lat torney_share\ORDINANCES12008\Ordinance 12 2008-final verslon.docx 3 Date Prepared:June 13,2008 Ordinance 12,2008 EXHIBIT "A" • • - -N1- -I,---4,-;--•--e•4 .,',.:../,, rr .i..i. ,:1,‘. .,..Alti,s,F.L.2..:Jf z., , Ix ti_ ...".,.' 14::,...,',",,:..:".-,:'., . • , ..-.• , •e_,_._..,'7":. :- 141.:•1.,..-k-,-. ,,;...:14,r,:tz:rt,, .A.,i, _._1;,....).:0-11.3,‘ .7 „..,%•,,,, ,i.,,,. 4•4-1 .. N z...... .. 1 ,i, , _...- , , - A.../. 1114 41..... .•„ .1. . _.... . ...v j r -: ,,,, ,,,,,,... .-.0. .... t, - , , . .:--,;---f ,.1....-,, ....,,p,). .0„...- , , .,, _., . - ,-, ;-,.,..:„. i, • ,-, -\v-,s-m.z. A,',it '\‘s' 'IN- -" 1 ' if'. ' -' ' 1.- ,g-'''';'''''''§ x: C -• '-'• ''''''- ' .` t 11-- l•-'`- .; - - _ _,,,. .., Ns, _ I ' - •;,1H-s- e---- . -••••s,,,, ,,••:•. r„, . 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"• 4 C t n b., �..:0;:ili aie•> - t - - V e,,.r .-^-c < !..,,,,:::43,...-,..,,,,,:..,-.L.t .r f i' v, OR8 172e Pg 1410 • LEGAL DESCRJPTION (LOXAHATCHEE SLOUGH PARCELS: PARCEL 18.A05 A PARCEL OF LAND LYING IN SECTION 21, TOWNSHIP 41 SOUTH, RANGE 42 EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 400.00 FEET AND THE EAST 1500.00 FEET OF SECTION 21, TOWNSHIP 41 SOUTH, RANGE 42 EAST, LESS AND EXCEPTING THEREFROM THE RIGHT-OF-WAY OF DONALD ROSS ROAD, AS RECORDED IN DEED BOOK 1031, PAGE 628, AND ALSO LESS THAT PORTION THEREOF CONVEYED TO SOUTH INDIAN RIVER WATER CONTROL DISTRICT BY THE WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 4253, PAGE 1029, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCELS 18.A14 AND 18.A20 A PARCEL OF LAND LYING IN SECTIONS 23 & 24, TOWNSHIP 41 SOUTH,RANGE 41 EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 400.00 FEET AND THE WEST 400.00 FEET OF SECTION 23,TOWNSHIP 41 SOUTH, RANGE 41 EAST. TOGETHER WITH THE NORTH 400.00 FEET OF SECTION 24, TOWNSHIP 41 SOUTH, RANGE 41 EAST, LESS AND EXCEPTING THEREFROM THE RIGHT-OF-WAY OF STATE ROAD 7. PARCEL 18.A22 A PARCEL OF LAND LYING IN SECTIONS 19 AND 20, TOWNSHIP 41 SOUTH, RANGE 42 EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: s THE NORTH 400.00 FEET OF SAID SECTIONS 19 AND 20, TOWNSHIP 41 SOUTH, RANGE 42 EAST, LESS AND EXCEPTING THEREFROM THE RIGHT-OF-WAY OF STATE ROAD 7, AS RECORDED IN DEED BOOK 943, PAGE 73 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA. #713058 v2-5566-106 Legal Desc-Loxahatchee Slough Parcels D0 0THY H. wliuceil721211amPg PB �Y, R. Loxahatchee Slough 1. Matters contained in the Notice of Lien Rights filed by Loxahatchee River Environmental Control District recorded in Official Records Book 4984, page 1254, as amended in Official Records Book 7048, page 655 and Official Records Book 7187, page 1712. (Parcels 18A.05 and.18A.22) 2. State road right of way reservation contained in the deed from the Trustees of the Internal Improvement Fund recorded in Deed Book 649,page 80. (Parcels 18A and I8A.20) 3. Oil, gas and mineral rights not conveyed, and therefore reserved, in the deed from Panama Carbon Company recorded in Deed Book 1159, page 608 without the right of 'entry. (Parcels 18A.14 and 18A.20) • • 4. Canal,reclamation and oil, gas and mineral reservations contained in the deeds from the • Trustees of the Internal Improvement Fund recorded in Deed Book 325,page 535,Deed Book 763,page 352 and Deed Book 316,page 458. (Parcel 18A.22) 5. Canal, reclamation and oil, gas and mineral reservations contained in the deed from Everglades Drainage District recorded in Deed Book 790, page 381. The canal and reclamation reservations were partially released by the instruments recorded in Official Records Book 1730, page 643 and Official Records Book 1744, page 885. (Parcel 18A.22) 6. The right of way of the C-18 Canal, granted to Central and Southern Florida Flood Control District by the instrument recorded in Deed Book 1059, page 521. (Parcel 18A.22) • 7. Terms and provisions of the Forbearance Agreement between Communities Finance Company, the City of Palm Beach Gardens, and parties identified therein as the "Successor Group", a Memorandum of which was recorded in Official Records Book 11071,page 1213 and Official Records Book 11092,page 683. (Parcels 18A.05, 18A.14, 18A.20 and 18A.22) 8. Terms, covenants, conditions and set forth in the Declaration of Covenants and Restrictions recorded in Official Records Book 11480, page 1897, but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that said covenant(s): (a) is exempt under Chapter 42, Section 3607 of the United States Code;or(b)relates to handicap,but does not discriminate against handicapped persons. (Parcels 18A.05, 18A.14, 18A.20 and - 18A.22). #708893 v2-5566-106 Loxahatchee Slough Property ,P4-GJtio df } c% ' IMMO r• ,, O '° `' 011\Ili' * I hereb certi that the fore oin is a true co,7' QA hereby certify foregoing copy •��3\ = ; �, . i 'Q ;' of the record in my office this day, Mar 25, 2008. �� ;.. ►•'- °o Sharon R. Bt ck , Clerk Circuit Court, Palm Beach County, Florida �• F ov //,`--t -1,"3,- ----_ n......+,, r.i.,.-ie / d S ORR 11774. pg 15E10 008)1HY H. MILKENo CLERK PO CWITy, Fl. R (farce! 1813.02) 1. Subject to the terms Of that certain Forbearance Agreement dated April 15. 1999.by and between Communities Finance Company.a Delaware corporation.and the City of Palm 13etnit Gardens.a memorandum of which was recorded in O.R. Book 11071.at Page 1213.and re-recorded in O.R. Book 110512. Page 683,of the Public Records of Palm Beach County. Florida. 2. Terms,covenants,conditions and restrictions created by and set forth in that cerain Declaration of Covenants and Restrictions dated November 23. 1999.recorded December 1. 1999 in 0. K. Book 11480,at page 1897.of the Public Records of Palm Beach County.Florida. 3. Oil.gas and mineral reservations contained in the deed from f umpmp, Inc_.et al. • recorded in Deed Book 1101.page 419.as conveyed to Louis B.Bills by the deeds recorded in Official Records Book 2647.page 12 and Official Rends Book 2673.page 1602:together with the Notices of interest recorded in Official Records Book 2ri79.page 1789 and Official Recorth. Book 8717.page 1500;and the effect, if any,of the Quit Claim Deeds recorded in Official Records Book 6167.page 1710 and Official Records Book 8482.page 174. 4. Canal and reclamation reservations contained in unrecorded Deed No.546 from the Everglades Drainage District dated November 12, 1918. 5. The survey of Lind thl Browning Ferrari& f•iellstrom.Inc..Project Na.98-0225 File stir-IttB.dwg.dated June 16. 1998.discloses light poles and anchor poles cncmaching over the southerly property line.and fencing encroaching over the westerly property line. i. Construction Easement set forth in the Right of Way Deed granted to the Board of count. Commissioners of Palm Reach county.Florida.recorded in Official Records Book 6927. page►74. • ii71 jot_v2-S364-10(3 SWI)Jupiter Flan+i ads I'd 188.02 - • I t C Joy C4P14P���' 1411111%/1 A _ o� y I hereby certify that the foregoing is a true copy 'a �� ' f' of the record in my office this day, Mar 25, 2008. i � '..,' Sharon R. Bo Clerk Circuit C art Palm Beach County, Florida r0���..-„Q.; RY 7:.' Ilan.otu Clark a v • ORS 11'774 Pg 1571 (PARCEL ISA.0(►—DONATED PARCEL) A parcel of land lying in Section 28 Township 41 South. Range 42 last. within the municipal limits of the City of Palm Reach Gardens. Palm Beach County. Florida and being more particularly described as Iblluw•s: The East 549.25 feet of the North half( North 4;3 )of Section 21.Township 41 South.Range 42 Fast. LESS. AND EXCEPTING THEREFROM the right Way a+f Donald Ross Road. as reconkxl in Eked Rook 1094. Page 56% Public Records of Palm Beach County.Florida. • • • +. -- ORB 1 1774 Pg 1572 • • DOROTHY H. 111LKEN, CLUE PS MUN1Y; FL • (1)tmated Property! 1. Subject to the terms of thni certain Forbearance Agreement dated April 13. 1999. by and between Cotnmtu itics Finance Company,a Delaware corporation,and the City of Palm .Beach Gardens,a memorandum of which was recorded in O.R.Book 11071.at Page 1213.and re-recorded in C).lt. Book 11092.Page 683. t,f the Pubiic.Records of Palm Beach County. Florida. 2. Terms.covenants.conditions and restrictions created by and set forth in that certain Declaratiou of Covenants and Restrictions dated November 23. 1999.recorded December 1. 1999 ir,0.R. Book 114811.at page 1897.of the Public Records of Palm Reach County. Florida. 3. Canal and reclamation reservations contained in the deed from the Trustees of the lnn::nal improvement Fund recorded in Decd Book 305.page 367.as paniully released by the instrument recorded in Official Records fluok 6,page 639. :t. Easement granted to Florida P6wer&Light Company recorded in Official iteerrrtls Rook 310R.page 81. ;. Easements vested in Florida Poucr it Light Company pursuant to the Order of Taking recorded in Official Records t1ook 6873,page 1317 and the!E:nrti Jt:dol ant recorded in Ofl icit:!Records Rook 7918.page 867. 6. liasement litr underground water and sewer utility purpo.es granted to Seacoast Utility Authority recorded in Official Records Book 10264.page !783. a 715=_9 v2-5500-1tlh SW1)-Jupiter 1'Wtauuds-1 htnutcd 11/41 MAIN, • c a R . a/<c,.. *V I I�`I� l ' c I iii , * I hereby certify that the foregoing is a true copy =ti= 4 -' of the record in my office this day, Mar 25, 2008. • --",;;;'�. 4 o� Sharon R. Bo k , Clerk Circuit Co)u rt, Palm Beach County, Florida � _ 4 t�,0 . : 4 RV .��� rlAnr rfv C'_Iprk Fr E , LEGAL DESCRIPTION The Premise: Tract No.DA-100-025(F1f.A.DA-100-016) A parcel of land located in Sections 26, 27, 34 and 35,Township 41 South,Range 41 East, and Section 2,Township 42 South,Range 41 East,Palm Beach County,Florida, and being more particularly described as follows: Beginning at the quarter section corner located in the North line of said Section 26, thence North 89°03'23" Bast along the North line of the Northeast quarter of said Section 26 and the South line of that certain parcel of land described in Official • Records Book 9480, Page 589, Public Records of Palm Beach County, Florida, a distance of 2,009.58 feet;(The North line of the Northeast quarter of said Section 26 bears North 89°03'23"East and all other bearings are relative thereto);thence Sortth 07°07'39"West,a distance of 310.28 fret;thence South 04°03'25"West,along the West line of said parcel, a distance of 5,017.61 feet; thence South 00°43'22"West, continuing along said West line,a distance of 5,206.50 feet to a point 1,000.00 feet Northerly of and parallel with as measured at right angles to a point on the Northerly right of way line of Beeline Highway (State Road 710) as shown on State Road Departhient Right of Way Map Section No.9331-101;thence South 53°39'34"East, • parallel with said Northerly right of way line, a distance of 266.67 feet to a point on the Westerly line of that certain parcel of land as described in Official Records Book 10993, Page 1817, Public Records of Palm Beach County, Florida; thence South 36°22'02"West, along said Westerly line, a distance of 1,000.00 feet to a point on said Northerly right of way line;thence North 53°39'34"West,along said Northerly right of way line, a distance of 8063.90 feet,thence North 01°20'46"East,departing said Northerly right of way line,a distance of 1263.92 feet;thence North 05°47'33" East, a distance of 2,720.96 feet; thence North 06°01'00" Bast, a distance of 68.73 feet; thence North 05°47'26" Bast, a distance of 2,296.57 feet; thence North 89°52'52"East,a distance of 2,142.48 feet;thence North 89°06'22"East, a distance of 390.61 feet; thence North 01°10'46"East, a distance of 300.20 feet to a point on the North line of said Section 26;thence North 89°04'38"East,along said North line, a distance of 2,241.43 foot to the POINT OF BEGINNING of the herein described parcel. AND . • A parcel of land lying over a portion of Sections 26,27 and 34,Township 41 South, Range 41 East, within the municipal limits of the City of Palm Beach Gardena, Florida,and being more particularly described as follows: Beginning at the intersection of the Northerly Right-of-Way line of the Beeline H"ighw;y(State Road 710) as shown on State Road Department Right-of-Way Map Section No. 9331-101 and the West line of the Northeast quarter of said Section 34; thence South 53°39'23"East,along the North Right-of-Way line of Beeline Highway (State Road 710),'a distance of 366.22 feet;thence North 01°20'46" East departing said Northerly Right-of-Way line, a distance of 1,263.92 feet; thence North Fre 05°47'33"East,a distance of 2,720.96 feet;thence North 06°01'00"East,a distance of 68.73 feet;thence'North 05%7'26"Bast,a distance of 2,296.57 feet;thence North 89°52'52"East,a distance of 2,142.48 feet;thence North 89°06'22"East,a distance • of 390.61 feet;thence North 01°10'46"East,a distance of 30020 feet to a point on the North line of said Section 26; thence South 89°04'38" West, along said North line,a distance of 399.44 feet to the Northwest comer of Section 26(the North line of the Northwest quarter of said Section 26 bears North 89°04'38"East and all bearings are relative thereto); thence South 89°52'52" West, along the North line of said Section 27,a distance of 2,411.01 feet to the North quartet comer of said Section 27; thence South 05°47'26" West, along the North Sontii quarter Section line of said Section 27,a distance of 5,368.16 feet to the North quarter corner of said Section 34; thence South 01°20'46" West, along the North-South quarter Section line of said Section 34,a distance of 1,064.29 feet to the POINT OF BEGINNING. LESS AND EXCEPT the following described parcel; A Parcel of land lying within Section 35,Township 41 South,Range 41 Bast,Palm Beach County,Florida,more particularly described as follows: COMMENCING at the Quarter Section Corner located in the South line of said Section 35, thence rim along the South line of said Section 35,North 89°45'40"Bast, a distance of 259.40 feet:to a point on the North Right of Way line of State Road No. 710 (Beeline Hwy) (Bearings are based on the South line of the Southeast quarter of said Section 35 being North 89°45'40" But as shown on the attached sketch by Battaglia Land Surveyors, Inc. titled 'Florida Fish 8t Wildlife Conservation Commission Field Operations Center"dated 04/06/00.);thence North 53°39'49" West along said Right of Way, a distance of 1,878.39 feet; thence North 31°55'04" East, a distance of 416.46 feet; thence North 46°09'26" Bast, a distance of 253.99 feet; thence North 56°20'11"Bast, a distance of 27.63 feet thence North 33°39'49"West,a distance of 25.00 feet to a point, said point also being THE POINT OF BEGINNING. Thence run North 53°39'49" West along a line parallel to and 700 feet North of at right angles to the Right of Way line of said State Road No. 710 (Beeline Highway), a . distance of 396.50 feet; thence North 56°20'11" East, a distance of 350.00 feet; thence South 53°39'49" Bast, a distance of 39650 feet; trance South 56°20'11" West, a distance of 350.00 feet to the POINT OF BEGINNING of the herein described parcel. (Loss out acreage:Containing 2.99 acres,more or less) Total parcel Containing 1,485.27 arses,more or less. s . Note'd P ofthis legal description ie based on a boaadary survey,puepmrd by LBHFhec.(Project number 98-0225)dated March 9,2000. RA11egabUod1100-O2541.doc LEGAL DESCRIPTION Polio's p/0 52414126000001020;P/0 52414127000001020 52414134000001030;52414135000001010;52414202000001010 August 21, 2007 Septerober 27,2006 Rev:April 10,2007 G.G. Rev:August21,2007 Rev:September 24,2007 • 0 i 441111 j ' t !g , r •• ; fe 1 '6-% --i. q �a, .. • fill ! 41 I li ; 8 �, RI IP ,41.2 A i til igk ►i 3 •;' !IL'I' 4a4e ' . E .. / - i! fl .ii o Aii2i/N w vi)- il; HP; I.1 ab 1 /Op I 1 11;1111 to N gg `iiiiit1i!i li t 5 �r di liltki lb P / � I '.4 if iiiikillii WTI i i 1 i il. . . -I— r §6; k in !Oily itlii! !. I ; qIii ipli li III li I ii .1141 i � i ��Fx $ u i i iii: ; i 1 ii Li g iii: 1! Pall 111 - k • Fr- P ■ The Easement Parcel Tract No.CN-100-015 The South 115 feet of the Noah 335 feet of tl{e West 110 feet of the East of Section 27, Township 41 South,Range 41 Bast,being a part of the Right of Way for South Florida Water Management District's C-18 Canal,as described in Deed Book 1056,Page 456,of the Public Records of Palm Beach County,Florida. TOGETHER WITH The North 220 feet of following described parcel of land, lying in Sections 26 & 27, Township 41 South,Range 41 East,in Palm Beach County,Florida,being a part of the Right of Way for South Florida Water Management District's C-18 Canal,as described in Deed Book 1056,Page 456,and as described in Deed Book 1163,Page 263,of the Public Records of Palm Beach County, Florida; said described parcel of land, being more particularly described as follows: Beginning at the quarter section corner located in the North line of said Section 26, thence North 89°03'23" East along the North line of the Northeast quieter of said Section 26 and the South line of that certain parcel of land described in Official Records Book 9480,Page 589,Public Records of Palm Beach County,Florida,a distance of 2,009.58 feet; (The North line of the Northeast quarter of said Section 26 bears North 89°03'23"Fast and all other beatings are relative thereto); thence South 07°07'39"West,a distance of 310.28 feet;thence South 04°03'25"West, along the West line of said parcel, a distance of 5,017.61 feet; thence South 00°43'22" West, continuing along said West line, a distance of 5,206.50 feet to a point 1,000.00 feet Northerly of and parallel with as • measured at right angles to a point on the Northerly right of way line of Beeline Highway(State Road 710)as shown on State Road Department Right of Way Map Section.No. 9331-101; thence South 53°39'34"East, parallel with said Northerly sight of way line,a distance of 266.67 het to a point on the Westerly line of that certain parcel of land as described in Official Records Book 10993,Page 1817, Public Records of Palm Beach County,Florida;thence South 36°22'07'West,along said Westerly line,a distance of 1,000.00 feet to &point on said Northerly right of way line; thence blorth 53°39'34" West, said Northerly right of way line, a distance of 8063.90 few thence 01°20'46" East, departing said Northerly right of way line, a distance of 1263.92 feet; thence North 05°47'33"East,a distance of 2,720.96 feet thence North 06°01'00"East, a distance of 68.73 feet; thence North 05°47'26" East, a distance of 2,296.5/ feet; thence North 89°52'52" East, a distance of 2,142.48 feet; thence North 89°06'22" East, a distance of 390.61 feet;'thence North 01°10'46"East, a distance of 300.20 feet to a point on the North line of • • w , said Section 26; thence North 89°04'38" East, along said North line, a distance of 2,241.43 feet to the POINT OF BEGINNING of the herein described parcel AND A parcel of land lying over a portion of Sections 26,27 and 34,Township 41 South,Range 41 East,within the municipal limits of the City of Palm Beach Gardens,Florida,and being mom particularly described as follows: Beginning at the intersection of the Northerly Right-of-Way line of the Beeline Highway(State Road 710) as shown on State Road Department Right-of-Way Map Section No, 9331-101 and the West line of the Northeast quarter of said Section 34;thence South 53°39'23"East,along the North Right-of-Way line of Beeline Highway (State Road 710), a distance of 366.22 feet; thence North 01°20'46" East departing said Northerly Right-of-Way line, a distance of 1263.92 feet thence North 05°4733•Bast,a distance of 2,720.96 feet thence North 06°01'00"East, a distance of 68.73 feet; thence North 05.47'26" Bast, a distance of • 2,29637 fret thence North 89°52'52"East, a distance of 2,142.48 feet; thence North 89'06'22"Brut, a distance of 390.61 feet the North 01°10'46"East,a distance of 300.20 feet to a point on the North line of said Section 26;thence South 89'04'38"West,along said North line,a distance of 399.44 feet to the Northwest corner of Section 26(the North line of the Northwest quarter of said Section 26 bears North 89'04'38" East and all other bearings are relative thereto);thence South 89'52'52" West,along the North line of said Section 27,a distance of 2,411.01 fleet to the North quarter Dorm of said Section 27; thence South 05'47'26" West, along the North-South quarter Section line of said Section 27, a distance of 5,368.16 feet to the North quarter comer of said Section 34; • thence South 01'20'46"West,along the North-South quarter Section line of said Section 34, a distance of 1,064.29 feet to the POINT OF BEGINNING. Containing 3937 none,more or lent LEGAL DESCRIPTION 24-Sep-07 Date C.G. C-IS SFWbtD R1Le s1se-1$100-015Jt1 Jemmy 3,2007 Rev.Apr11 10,2007 • Raw Anput 21,2007 Ran September 24,2007 ‘ 1, 1.. CO, .° G oA7AT•-5:G •.�ek22317/Page562 Page 10 of 10 r Cif 0 to � , _1111,11!Iii ,. ,_ f c I hereby certify that the foregoing is a true copy , - of the record in my office this day, Mar 25, 2008. ' '\ `' ,o� ' Sharon R. B c Jerk Circ it curt, Palm Beach County, Florida A :9e ``.° BY , Deputy Clerk 1 ORDINANCE 8, 2009 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA REZONING FOURTEEN (14) 6 PARCELS OF REAL PROPERTY COMPRISING APPROXIMATELY 7 TWO THOUSAND TWENTY-FOUR (2,024) ACRES, MORE OR 8 LESS, IN SIZE; SUCH PARCELS OF LAND ARE LOCATED WITHIN 9 THE LOXAHATCHEE SLOUGH AND SANDHILL CRANE NATURAL 10 AREAS WHICH INCLUDE THREE LOCATIONS GENERALLY 11 LOCATED WEST OF THE FLORIDA TURNPIKE AND/OR NORTH 12 OF NORTHLAKE BOULEVARD, AS MORE PARTICULARLY 13 DESCRIBED HEREIN, FROM PLANNED DEVELOPMENT AREA 14 (PDA) TO CONSERVATION (CONS) ZONING DISTRICT; THE CITY 15 ZONING DISTRICT MAP SHALL BE REVISED ACCORDINGLY; 16 PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, 17 AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; 18 AND FOR OTHER PURPOSES. 19 20 21 WHEREAS, the City of Palm Beach Gardens has initiated application number 22 REZN-08-07-000003 for the rezoning of fourteen (14) parcels of real property from 23 Planned Development Area (PDA) to Conservation (CONS) zoning district to be 24 consistent with the City's Future Land Use Map, as more particularly described herein; 25 and 26 27 WHEREAS, the subject site is currently zoned Planned Development Area (PDA) 28 and has a land-use designation of Conservation (CONS); and 29 30 WHEREAS, the Growth Management Department has reviewed the application, 31 has determined that it is sufficient, and has recommended approval; and 32 33 WHEREAS, the Planning, Zoning, and Appeals Board held a public hearing on 34 January 13, 2009, and has recommended approval of the rezoning to the City Council 35 with a vote of 7-0; and 36 37 WHEREAS, the City Council, as the governing body of the City of Palm Beach 38 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida 39 Statutes, and the City's Land Development Regulations, is authorized and empowered 40 to consider petitions related to zoning and land development orders; and 41 42 WHEREAS, the City Council has considered the evidence and testimony 43 presented by staff and other interested parties and the recommendations of the various 44 City of Palm Beach Gardens and Palm Beach County review agencies and staff; and 45 46 47 Ordinance 8, 2009 1 WHEREAS, the City Council has determined that adoption of this Ordinance is in 2 the best interests of the citizens and residents of the City of Palm Beach Gardens, 3 Florida; and 4 5 WHEREAS, the City Council has determined that this Ordinance is consistent 6 with the City's Comprehensive Plan based on the following findings of fact: 7 8 1. The proposed rezoning of Conservation (CONS) is consistent with the future 9 land-use designation of Conservation (CONS). 10 11 2. The proposed rezoning is in harmony with the general purpose and intent of 12 the Comprehensive Plan and the Land Development Regulations, and is 13 compatible with the intensity and density of the surrounding, existing, and 14 future land uses. 15 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 18 OF PALM BEACH GARDENS, FLORIDA that: 19 20 SECTION 1. The zoning of the following property, as described and depicted in 21 Exhibit "A", is hereby changed from Planned Development Area (PDA) to Conservation 22 (CONS). 23 24 SECTION 2. The City Manager is hereby authorized and directed to amend the 25 zoning district map of the City in accordance with this Ordinance. 26 27 SECTION 3. All ordinances or parts of ordinances in conflict be and the same 28 are hereby repealed. 29 30 SECTION 4. Should any section or provision of this Ordinance or any portion 31 thereof, any paragraph, sentence, or word be declared by a Court of competent 32 jurisdiction to be invalid, such decision shall not affect the validity of the remainder of 33 this Ordinance. 34 35 SECTION 5. Specific authority is hereby granted to codify this Ordinance. 36 37 SECTION 6. This Ordinance shall become effective immediately upon adoption. 38 39 40 41 42 43 44 45 46 2 Ordinance 8,2009 1 PASSED this S day of fegItU'y , 2009, upon first reading. 2 3 PASSED AND ADOPTED this day of , 2009, upon second 4 and final reading. 5 6 7 CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT 8 9 BY: 10 Eric Jablin, Mayor 11 12 13 David Levy, Vice Mayor 14 15 16 Joseph R. Russo, Councilmember 17 18 19 Jody Barnett, Councilmember 20 21 22 Robert G. Premuroso, Councilmember 23 24 25 ATTEST: 26 27 28 BY: 29 Patricia Snider, CMC, City Clerk 30 31 32 APPROVED AS TO FORM AND 33 LEGAL SUFFICIENCY 34 35 36 BY: 37 R. 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CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: March 5, 2009 Ordinance: 4, 2009 Subject/Agenda Item: 2"d Reading and adoption: Red Light Intersection Cameras [ x] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ 0 Council Action: Police (Total) City Attorney [ ]Approved ° -Li bC- $ 0 Current FY [ ]Approved w/ conditions [ ] Denied Advertised: Funding Source: None [ ]Continued to: Date: 2/18/09 [ ]Operating Attachments: Paper: PB Post [ ] Other Ordinance 4, 2009 [ ] Not Required Analysis of the Effectiveness of Photographic Traffic Signal Enforcement Systems in Texas Red Light Cameras Submitted by: Help Reduce Accidents � (WFTV.com) Chief Stepp PBC Potential Red Department Director Affected parties Budget Acct.#: Light Camera Locations Approved by: Notified (1II [ ] Not required City Mana er Meeting Date: March 5, 2009 Ordinance: 4, 2009 BACKGROUND: According to the United States Department of Transportation, red light violations cause approximately 106,000 crashes each year in the U.S., resulting in nearly 1,000 deaths and 89,000 injuries. The goal of the Dangerous Intersection Safety Ordinance is to improve the safety of the community by installing automated red light enforcement cameras at intersections designated by the City. The red light enforcement cameras operate 24 hours a day, providing traffic enforcement in a more consistent, strategic, and efficient manner. The main objectives of this ordinance are to: • Decrease the number of serious side-impact accidents caused by traffic signal violations • Increase public awareness of safe driving • Supplement existing police resources • Decrease the number of traffic violations at intersections At the first reading on February 5, 2009, Council voted to approve the ordinance by a 4 to 1 vote. STAFF RECOMMENDATION: Staff recommends approval to enhance our traffic safety initiatives. • 1 ORDINANCE 4, 2009 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 4 BEACH GARDENS, FLORIDA AMENDING CHAPTER 70, TRAFFIC 5 AND VEHICLES BY ADOPTING AN ENTIRELY NEW ARTICLE VI 6 TO BE ENTITLED "DANGEROUS INTERSECTION SAFETY"; 7 PROVIDING FOR RECORDED-IMAGE MONITORING, 8 DEFINITIONS, AN INTRODUCTORY PERIOD, REVIEW OF 9 RECORDED IMAGES, NOTICES, HEARING, NON- 10 RESPONSIBILITY PROVISIONS, ENFORCEMENT, AND 11 PENALTIES RELATED TO A VIOLATION OF THIS ARTICLE, ALSO 12 KNOWN AS A "RED-ZONE INFRACTION"; PROVIDING A 13 CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND 14 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND 15 FOR OTHER PURPOSES. 16 17 18 WHEREAS, the running of red lights causes a safety hazard affecting every 19 citizen and traveler in the City of Palm Beach Gardens; and 20 21 WHEREAS, the City Council wishes to reduce the running of red lights by 22 creating an additional enforcement mechanism; and 23 24 WHEREAS, the use of unmanned cameras can be effective in enforcing laws 25 requiring vehicles to stop for red lights, thereby freeing law enforcement officers to 26 respond to other, often more significant incidents and crime; and 27 28 WHEREAS, Sections 316.002 and 316.008, Florida Statutes, authorize 29 municipalities to adopt local legislation to control traffic and parking within their 30 jurisdictions; and 31 WHEREAS, Attorney General Opinion 2005-41, dated July 12, 2005 (the 32 "Opinion"), confirms the authority of a municipality under the state law to enact an 33 ordinance in order to monitor violations of traffic signals within its jurisdiction by using 34 unmanned cameras to monitor intersections and record traffic violations; and 35 36 WHEREAS, the Opinion also provides that local governments may not issue 37 traffic citations under state law for violations observed by unmanned cameras which 38 have not otherwise been observed by law enforcement officers; and 39 40 WHEREAS, in order to be consistent with the Opinion, the City should not utilize 41 the uniform traffic citation prescribed by Chapter 316, Florida Statutes, but may utilize 42 Chapter 162, Florida Statutes, to enforce a traffic violation which may be considered a 43 serious threat to the public health, safety, and welfare and irreversible in nature; and 44 45 1 Ordinance 4, 2009 1 WHEREAS, the City Council finds the adoption of this Ordinance to be in the 2 best interests of the City in order to provide for the use of unmanned cameras to 3 enforce traffic regulations concerning the failure to stop at traffic lights on roads under 4 the City's jurisdiction. 5 6 7 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 8 CITY OF PALM BEACH GARDENS, FLORIDA that: 9 10 SECTION 1. Each of the above-stated recitals are hereby adopted and 11 confirmed. 12 13 SECTION 2. Chapter 70, Traffic and Vehicles of the Code of Ordinances of the 14 City of Palm Beach Gardens is hereby amended by adopting an entirely new Article VI 15 which shall be entitled "Dangerous Intersection Safety", providing that Chapter 70 shall 16 hereafter read as follows: 17 18 Chapter 70 19 20 TRAFFIC AND VEHICLES 21 22 ARTICLE I. IN GENERAL 23 24 (This article shall remain in full force and effect as previously adopted.) 25 26 ARTICLE II. SPECIFIC STREET REGULATIONS 27 28 (This article shall remain in full force and effect as previously adopted.) 29 30 ARTICLE III. PARKING, STANDING AND STOPPING 31 32 (This article shall remain in full force and effect as previously adopted.) 33 34 ARTICLE IV. BICYCLES 35 36 (This article shall remain in full force and effect as previously adopted.) 37 38 ARTICLE V. COMBAT AUTOMOBILE THEFT PROGRAM 39 40 (This article shall remain in full force and effect as previously adopted.) 41 42 43 44 45 46 2 Ordinance 4, 2009 1 ARTICLE VI. DANGEROUS INTERSECTION SAFETY 2 3 Sec. 70-133. Intent. 4 5 The purpose of this article is to authorize the use of an unmanned 6 camera/monitoring system to promote compliance with red-light signal directives as set 7 forth in this article, and to adopt a civil enforcement system for red-light signal violations. 8 This article will also supplement law enforcement personnel in the enforcement of red- 9 light signal violations and shall not prohibit law enforcement officers from issuing a 10 citation for a red-light signal violation in accordance with other routine statutory traffic 11 enforcement techniques. 12 13 Sec. 70-134. Use of Image Capture Technologies. 14 15 The City shall utilize image-capturing technologies as a supplemental means of 16 monitoring compliance with laws related to traffic-control signals, while assisting law 17 enforcement •ersonnel in the enforcement of such laws which are desi•ned to •rotect 18 and improve public health, safety, and welfare. This section shall not supersede, 19 infringe, curtail, or impinge upon state or county laws related to red-light signal 20 violations or conflict with such laws. Nothing herein shall conflict with the primary 21 jurisdiction of Palm Beach County to install and maintain traffic-signal devices on county 22 roadways. This article shall serve to enable the City to provide enhanced enforcement 23 and respect for authorized traffic-signal devices. The City may utilize image-capturinq 24 technologies as an ancillary deterrent to traffic-control signal violations and to thereby 25 reduce accidents and injuries associated with such violations. Notices of infractions 26 issued pursuant to this article shall be addressed using the City's own Special 27 Magistrate pursuant to Article IV, Code Enforcement of Chapter 2, Administration of the 28 City Code and not through uniform traffic citations or county courts. This shall not bar 29 the use of uniform traffic citations and the county court system when City law 30 enforcement personnel choose not to utilize this article as the enforcement mechanism 31 for a specific violation. 32 33 Sec. 70-135. Definitions. 34 35 The following definitions shall apply to this article: 36 37 (a) Intersection. The area embraced within the prolongation or connection of 38 the lateral curb line; or if none, then the lateral boundary lines of the roadways of two 39 roads which join or intersect one another at or approximately at, right angles; or the 40 area within which vehicles traveling upon different roads joining at any other angle may 41 come in conflict. 42 43 (b) Motor Vehicle. Any self-propelled vehicle not operated upon rails or guide 44 way, but not including any bicycle or electric personal-assisted mobility device. 45 46 3 Ordinance 4, 2009 1 (c) OwnerNehicle Owner. The person or entity identified by the Florida 2 Department of Motor Vehicles, or other state vehicle registration office, as the registered 3 owner of a vehicle. Such term shall also mean a lessee of a motor vehicle pursuant to a 4 lease of six (6) months or more. 5 6 (d) Recorded Images. Images recorded by a traffic-control signal monitoring 7 system/device: 8 9 (1) On two or more photographs; or two or more digital images; or digital or 10 video movies; or any other medium that can display a violation; and 11 12 (2) Showing the rear of a motor vehicle, and on at least one image, clearly 13 identifying the license plate number of the vehicle. 14 15 (e) Red-Zone Infraction. A traffic offense whereby a traffic-control signal 16 monitoring system established that a vehicle entered an intersection controlled by a 17 duly-erected traffic-control device at a time when the traffic-control signal for such 18 vehicle's direction of travel was emitting a steady red signal. 19 20 (f) Special Magistrate. The City's Code Enforcement Special Magistrate, as 21 described in Chapter 2, Administration at Article IV, Code Enforcement of the City Code. 22 23 (a) Traffic Infraction Review Officer. The City Police Officer or otherwise 24 qualified City Employee designated, pursuant to Sec. 70-139(b) herein, to review 25 recorded images and issue red-zone infractions based upon those images. 26 27 (h) Traffic-Control Signal. A device exhibiting different colored lights or 28 colored lighted arrows successively, one at a time, or in combination, using only the 29 colors green, yellow, and red, which indicate and apply to drivers of motor vehicles as 30 provided in Section 316.075, Florida Statutes. 31 32 (i) Traffic-Control Signal Monitoring System/Device. An electronic system 33 consisting of one or more vehicle sensors, working in conjunction with a traffic-control 34 signal, still camera, and video recording device, to capture and produce recorded 35 images of motor vehicles entering an intersection against a steady red-light signal 36 indication. 37 38 Sec. 70-136. Adherence to Red-Light Traffic-Control Signals. 39 40 Motor vehicle traffic facing a traffic-control signal's steady red-light indication 41 shall stop before entering the crosswalk on the near side of an intersection, or if none, 42 then before entering the intersection, and shall remain standing until a green indication 43 is shown on the traffic-control signal; however, the driver of a vehicle which is stopped 44 at a clearly-marked stop line, or if none, before entering the crosswalk on the near side 45 of the intersection, or if none, then at the point nearest the intersecting roadway where 46 the driver has a view of approaching traffic on the intersecting roadway before entering 4 Ordinance 4, 2009 1 the intersection in obedience of a steady red traffic-control signal, may make a right turn 2 (unless such turn is otherwise prohibited by posted sign or other traffic-control device) 3 but shall yield the right-of-way to pedestrians and other traffic proceeding as directed by 4 the traffic-control signal at the intersection. 5 6 Sec. 70-137. Violation. 7 8 A violation of this article, known as a red-zone infraction, shall occur when a 9 motor vehicle does not comply with the requirements of Sec. 70-136. Violations shall 10 be enforced pursuant to Secs. 70-139— 70-149. 11 12 Sec. 70-138. Ninety-Day Notice; Introductory Period. 13 14 The Chief of Police shall notify the City Manager when the red-light camera 15 system is operating correctly at the initial location established. For the ninety (90) days 16 following said notification, unless the driver of a vehicle received a citation from a City 17 law enforcement officer at the time of a red-zone infraction in accordance with routine 18 traffic-enforcement techniques, the vehicle owner shall receive a warning in the form of 19 a courtesy notice of the violation. Commencing ninety-one (91) days after the above- 20 referenced notification, the vehicle owner is subject to the enforcement provisions as 21 provided herein, and no warning shall be given pursuant to this article. 22 23 Sec. 70-139. Review of Recorded Images, 24 25 (a) The owner of the vehicle that is observed by recorded images committing 26 a red-zone infraction shall be issued a notice of violation (hereinafter also known as a 27 "Notice"). The recorded image shall be sufficient grounds to issue a Notice. 28 29 (b) The City's Chief of Police shall designate a Traffic Infraction Review 30 Officer (TIRO), who shall either be an individual who meets the qualifications set forth in 31 Section 316.640(5)(a), Florida Statutes, or shall be a Police Officer employed by the 32 City. The TIRO shall review recorded images prior to the issuance of a Notice to ensure 33 the accuracy and integrity of the recorded images. Once the TIRO has verified the 34 accuracy of the recorded images, he or she shall complete a report, and a Notice shall 35 be sent to the vehicle owner at the address on record with the Florida Department of 36 Highway Safety and Motor Vehicles or the address on record with the appropriate 37 agency having such information in another state. 38 39 Sec. 70-140. Notice of Violation. 40 41 Notice of a red-zone infraction shall be served via certified mail, or otherwise as 42 set forth in the applicable provisions of Sec. 2-232 of the City Code, but shall also 43 include: 44 45 (a) The name and address of the vehicle owner; 46 (b) The license plate number and registration number of the vehicle; 5 Ordinance 4, 2009 1 (c) The make, model, and year of the vehicle; 2 3 (d) Notice that the infraction charged is pursuant to this article; 4 5 (e) The location of the intersection where the infraction occurred; 6 7 (f) Notice that there are recorded images relating to the vehicle and a 8 statement that the recorded images are evidence of a red-zone infraction; 9 10 • !ma.es de•ictin• the infraction. and 11 12 (h) A signed statement by the Traffic Infraction Review Officer that, based on 13 inspection of recorded images, the vehicle was involved in and was 14 utilized to commit a red-zone infraction, 15 16 Sec. 70-141. Vehicle Owner Responsibilities. 17 18 (a) A vehicle owner receiving a Notice may: 19 20 (1) Pay the assessed civil penalty pursuant to the instructions on the Notice; 21 or 22 23 (2) File an Owner Affidavit of Non-Responsibility and a written request for a 24 hearing with the City within twenty (20) days of the date listed on the 25 Notice, in accordance with Secs. 70-142 and 70-143. 26 27 (b) Failure to pay the assessed civil penalty or failure to appear before the 28 Special Magistrate to contest the Notice will be considered an admission of liability and 29 in such case an order may be entered against the violator for an amount up to the 30 maximum civil penalty, plus any administrative costs incurred by the City. 31 32 Sec. 70-142. Hearing before the Special Magistrate. 33 34 (a) The City's Code Enforcement Special Magistrate is authorized to hold 35 hearings related to the enforcement of this article. A hearing shall be scheduled for all 36 Notices for which the vehicle owner timely requests an administrative hearing. 37 38 (b) Upon receipt of the named violator's request for an administrative hearing, 39 the City shall schedule a hearing before the Special Magistrate pursuant to Sec. 2-233 40 of the City Code. Notice of hearing shall be provided to the vehicle owner pursuant to 41 the applicable notice provisions contained in Article IV, Code Enforcement of Chapter 2, 42 Administration of the City Code by the same means provided in Sec. 70-140, Notice of 43 Violation above. 44 45 46 47 6 Ordinance 4, 2009 1 (c) The hearing shall be held pursuant to the procedures set forth in Article IV, 2 Code Enforcement of Chapter 2, Administration of the City Code. The Traffic Infraction 3 Review Officer may testify at the hearing. The vehicle owner may present testimony 4 and evidence. 5 6 (d) Recorded images indicating a red-zone infraction, verified by the Traffic 7 Infraction Review Officer, are admissible in any proceeding before the City's Special 8 Magistrate to enforce the provisions of this article, and shall constitute prima facie 9 evidence of the violation. 10 11 (e) Unless an affidavit is provided pursuant to Sec. 70-143, Vehicle Owner 12 Affidavit of Non-Responsibility of the City Code, it is presumed that the person 13 registered as the vehicle owner with the Florida Department of Motor Vehicles or any 14 other state vehicle registration office, or an individual having the owner's consent, was 15 operating the vehicle at the time of a red-zone infraction. 16 17 Sec. 70-143. Vehicle Owner Affidavit of Non-Responsibility. 18 19 (a) An affidavit of non-responsibility is required of an owner given notice of a 20 red-zone infraction in order for the vehicle owner to establish that the motor vehicle was, 21 at the time of the red-zone infraction, either: 22 23 (1) in the care, custody, or control of another person without the consent of 24 the registered owner; or 25 26 (2) was subject to a short-term (less than six (6) months) car rental 27 agreement entered into between a car rental agency, which is licensed as 28 required by applicable law and is authorized to conduct business in the 29 State of Florida, and the operator of the vehicle. 30 31 (b) The vehicle owner is required, within twenty (20) days from the date listed 32 on the Notice, to furnish to the City the affidavit of non-responsibility setting forth the 33 specific circumstances demonstrating either: 34 35 (1) that the motor vehicle was not in the vehicle owner's care, custody, or 36 control, and was not in the care, custody, or control of another person with 37 the vehicle owner's consent; or 38 39 (2) that the motor vehicle was subject to a short-term (less than six months) 40 rental agreement between the car rental agency receiving the Notice and 41 the vehicle operator and provide a true and correct copy of the short-term 42 car rental agreement, as applicable. 43 44 (c) Additionally, the affidavit of non-responsibility must be executed in the 45 presence of a notary, and include the following in support of the affidavit: 46 7 Ordinance 4,2009 1 (1) If known to the vehicle owner, the name, address, and the driver's license 2 number of the person who had care, custody, or control of the motor 3 vehicle without the vehicle owner's consent at the time of the alleged red- 4 zone infraction; or 5 6 (2) The name, address, and driver's license number of the person who, at the 7 time of the alleged red-zone infraction, rented the motor vehicle from the 8 car rental agency that has received the Notice; or 9 10 (3) If the vehicle was stolen, the police report indicating the vehicle was stolen 11 at the time of the alleged red-zone infraction; and 12 13 (4) The following language immediately above the signature line: "Under 14 penalties of perjury, I declare that I have read the foregoing affidavit, and 15 the facts stated in it are true." 16 17 (d) Upon timely receipt of a sufficient affidavit pursuant to this section, any 18 prosecution of the Notice issued to the vehicle owner shall be terminated. Proceedings 19 may be commenced by the City against the responsible person identified in the affidavit, 20 and in such event, the responsible person shall be subject to the same process and 21 procedures which are applicable to vehicle owners. 22 23 Sec. 70-144. Administrative Charges/Costs. 24 25 In addition to the penalty set forth in Sec. 70-147 herein, administrative 26 charges/costs may be assessed pursuant to Article IV, Code Enforcement of Chapter 2, 27 Administration of the City Code in the event of a hearing and/or the necessity to institute 28 collection procedures arises. 29 30 Sec. 70-145. Collection of fines. 31 32 Collection of fines shall be accomplished by any means allowed by law. 33 34 Sec. 70-146. Exceptions. 35 36 This article shall not apply to red-zone infractions involving vehicle collisions 37 (unless no citation or charge is issued for a violation of a state statute related to said 38 collision) or to any authorized emergency vehicle responding to a bona fide emergency; 39 nor shall a Notice be issued on any day where the operator of the vehicle was issued a 40 traffic citation for violating the state statute regarding the failure to stop at a red light for 41 the same event or incident. 42 43 44 45 46 47 8 Ordinance 4, 2009 1 Sec. 70-147. Penalty. 2 3 a1 A violation of this article shall be deemed a non-criminal non-movin• 4 violation for which a civil penalty, as set forth in Article IV, Code Enforcement of Chapter 5 2, Administration of the City Code shall be assessed. As the violation relates to this 6 article and not to the Florida Statutes, no points as otherwise provided in Section 7 322.27, Florida Statutes, shall be recorded on the driving record of the vehicle owner or 8 responsible party. 9 10 b Violation of this article known as a "red-zone infraction" shall be sub'ect 11 to the following penalties: 12 13 (1) First and subsequent violations - a fine of One Hundred Twenty-Five Dollars 14 ($125.00). 15 16 (2) Fine allocation – Four dollars ($4.00) of each fine collected by the City shall 17 be set aside for funding of Police training/education programs. 18 19 Sec. 70-148. Enforcement. 20 21 This article may be enforced by any means available to the City. 22 23 Sec. 70-149. Signage. 24 25 (a) The City shall, to the extent practicable, at the primary motor vehicle entry 26 points to the City, cause to be erected and maintained signs which substantially meet 27 the design specifications indicated hereinbelow at sub-section (b), which provide notice 28 of this article. Failure to erect, maintain, or create these signs shall not invalidate or 29 impair any enforcement of this article. 30 31 (b) Signage shall use the followina, or similar, language written so that it may 32 be readily observed from the adjacent roadways: 33 34 NOTICE OF TRAFFIC MONITORING 35 36 CERTAIN INTERSECTIONS WITHIN THE CITY ARE 37 SUBJECT TO RED-LIGHT TRAFFIC SIGNAL 38 ENFORCEMENT BY PHOTOGRAPHIC MEANS. NOTICES 39 OF VIOLATION MAY BE ISSUED TO VEHICLE OWNERS 40 AND/OR OPERATORS FOR THE VIOLATION OF TRAFFIC 41 SIGNALS. 42 43 Secs. 70-150.-70-155. Reserved. 44 45 SECTION 3. All ordinances or parts of ordinances in conflict be and the same are 46 hereby repealed. 47 9 Ordinance 4, 2009 1 SECTION 4. Should any section or provision of this Ordinance or any portion 2 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 3 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 4 5 SECTION 5. Specific authority is hereby given to codify this Ordinance. 6 7 SECTION 6. This Ordinance shall become effective immediately upon adoption. 8 9 PASSED this 5— day of Fentow/ , 2009, upon first reading. 10 11 PASSED AND ADOPTED this day of , 2009, upon 12 second and final reading. 13 14 15 CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT 16 17 BY: 18 Eric Jablin, Mayor 19 20 21 David Levy, Vice Mayor 22 23 24 Joseph R. Russo, Councilmember 25 26 27 Jody Barnett, Councilmember 28 29 30 Robert G. Premuroso, Councilmember 31 32 ATTEST: 33 34 35 BY: 36 Patricia Snider, CMC, City Clerk 37 38 APPROVED AS TO FORM AND 39 LEGAL SUFFICIENCY 40 41 42 BY: 43 R. Max Lohman, Interim City Attorney 44 1/ 45 46 47 G:\attorney_share\ORDINANCES\2009\Ordinance 4,2009-Red LightCamera.doc 10 Aaa Ali TEXAS TRANSPORTATION INSTITUTE ANALYSIS ON THE EFFECTIVENESS OF PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEMS IN TEXAS Troy D. Walden, Ph.D. Crash Analysis Program of the Center for Transportation Safety Texas Transportation Institute The Texas A&M University System Prepared for the Traffic Operations Division Texas Department of Transportation Austin, Texas 78701-2473 November, 2008 Executive Summary The 80th Texas Legislature enacted House Bill 1052 and Senate Bill 1119 giving local communities the authority to install red light camera enforcement systems. The Texas Transportation Code requires the Texas Department of Transportation to annually publish the reported collisions that occur at local community intersections that are monitored by red light camera enforcement systems. This report intentionally explored the potential impact that camera systems have on crash frequency at reported Texas intersections. Second, the report focuses on crashes that occur when drivers disregard traffic signals causing right angle and rear end crashes. Finally, the report is intended to fulfill the Texas Transportation Code legislative reporting requirements for the Texas Department of Transportation. This evaluation considered 56 separate intersections in the data set. Each community reported pre and post-installation crash data that was annualized for a 12 month period of time. Based on the pre and post-installation crash data, there were 586 annualized collisions across all intersections. In contrast, 413 annualized crashes were reported during the same time period following installation which resulted in an average decrease of 30%. In regards to red light violation crashes, there were 265 annualized right angle collisions prior to the installation of the camera system. By way of comparison, an annualized total of 151 post-installation collisions occurred for a crash reduction change of 114 events. This 114 difference represents a 43% annualized decrease in right angle collisions at the treatment intersection locations. There were 106 annualized rear end crashes that occurred at intersections prior to the installation of the camera systems. Post-installation, there were 111 annualized rear end collisions that occurred. Although the number of overall rear end crashes increased slightly by 5% or approximately 5 crashes, 66% of the intersections decreased or maintained the same frequency of rear end crash events. i While these results cannot conclusively determine that red light cameras are responsible for the overall reduction in crashes, it does appears that the presence of the treatment provided some effect on the frequency of crashes at the selected intersections for the limited time period of this analysis. Table 1 provides a simple crash summary of the annualized collision events that were reported by local authorities over the reported period. Table 1: Crash Summary Pre-Installation Post- Change in Change in Crashes Installation Number of Annualized Crashes Crashes Crashes Right Angle Collisions 265 151 -114 -43% Rear End Collisions 106 111 +5 +5% Other Collisions 215 151 -64 -30% Annualized Crash Total 586 413 -173 -30% ii RedLightCamerasHelp Reduce Accidents-Print This Story News Story- WFTV Orlando Page 1 of 1 W FTV.co m Red Light Cameras Help Reduce Accidents Monday, November 17, 2008 APOPKA, Fla. -- Eyewitness News has proof that intersections across Orange County are safer because of red light cameras. In August of 2007, 262 red light runners were caught when the cameras were first installed in Apopka and that number dropped to 35 last month. Also, accident reports show a 72 percent drop in crashes at Sheeler Avenue and 441, along with a 64 percent drop at Park Avenue. Police said it frees up officers to focus on crime "By not having the officers, sometimes five to six running a detail in the afternoon we have our officers out patrolling neighborhoods and business trying to fight crime," said Steven Popp of the Apopka Police Department. Apopka was the first Central Florida city to install red light cameras and leaders were thinking of installing more. Violators were sent a $125 citation and part of the money goes to operating the cameras. Copyright 2008 by wftv.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. httn//www_wflv_enm/nrint/17997RM/detail html nannn4 13f9L/-1 t36.9c# covNT }� POTENTIAL RED LIGHTY CAMERA LOCATIONS JURISDICTION , County/ County In INTERSECTION Accidents E/W N/S County Approach Municipality Municipality 1 FOREST HILL BV&MILITARY TRAIL 135 State State 2 OKEECHOBEE IV&MILITARY TRAIL 10 Sate State 3 FOREST HILL BV B SR 7 IN State State 4 LAKE WORTH RD&JOG RD 9a Sate Sate 5 SOUTHERN BV&SR 7 53 State Sate f FOREST HILL BV&JOG RD 52 State County Yes Yes Greenacres 7 GLADES RD&SR 7 90 State State $OKEECHOBEE BY B HAVERHILL RD Sf State County Yes No f OKEECHOBEE IV&JOG RD 8$ State County Yes Partially West Palm Beach is LAKE WORTH RD&CONGRESS AV $4 State State 11 GATEWAY BV is CONGRESS AV O• County County Yes Yes Yes Boynton Beach 12 OKEECHOBEE By B I-95 75 State State -- 13 PGA BY&MILITARY TRAIL 77 State State 14 SOUTHERN BV&JOG RD 77 Sat County Yes No 15 BOYNTON BEACH BY&MILITARY TRAIL 75 State County Yes No 16 LAKE WORTH RD&SR 7 74 State State 17 BELVEDERE RD h MILITARY TRAIL 73 County State Yes Partially Haverhill 13 BLUE HERON IV a MILITARY TRAIL 73 State State 19 GLADES RD&NW 15 AV/AIRPORT RD 73 State City 20 LAKE WORTH RD&MILITARY TRAIL 70 State County Yes Partially Greenacres 21 OLD BOYNTON RD B CONGRESS AV 70 County County Yes Yes Yes Boynton Beach 22 OKEECHOBEE IV&SR 7 W State State 23 BLUE HERON BV&OLD DIXIE HIGHWAY K State County Yes Yes Riviera Beach 24 W ATLANTIC AV&CONGRESS AV 65 State County Yes Yes Delray Beach 25 W ATLANTIC AV&MILITARY TRAIL fS State County Yes Partially Delray Beach 26 BOYNTON BEACH BV&CONGRESS AV 0 State County Yes Yes Boynton Beach 27 LAKE WORTH RD a HAVERHILL RD 42 State County Yes Yes Greenacres 20 PALMETTO PARK RD a POWERLINE RD f2 County State Yes No 29 SOUTHERN BV&MILITARY TRAIL 62 State State 30 18 AV N•MILITARY TRAIL 61 County State Yes No 31 OIEECHOBEE IV&CONGRESS AV 59 State County Yes Partially West Palm Beach 32 BELVEDERE RD R CONGRESS AV 5$ County County Yes Yes No 33 HYPOLUXO RD&CONGRESS AV 57 County County Yes Yes Partially Boynton Beach 34 SUMMIT IV R MILITARY TRAIL 57 County State Yes No - 35 NORTHLAKE IV•MILITARY TRAIL M County State Yes Partially Palm Beach Gardens M BELVEDERE RD B HAVERI1ILL RD 55 County County Yes Yes Yes Haverhill 37 FOREST HILL BV R HAVERHILL RD 55 Sate County Yes No 3$ GLADES RD&LYONS RD 55 State County Yes No 39 GUN CLUB RD&MILITARY TRAIL 55 County State Yes No 40 INDIANTOWN RD&CENTRAL BY 55 State County Yes Yes Jupiter 41 LANTANA RD&CONGRESS AV 55 County State Yes Partially Atlantis 42 LINTON By&MILITARY TRAIL 55 County County Yes Yes No 43 PALMETTO PARK RD a SR 7 55 County State Yes No 44 OKEECHOBEE BV a ROYAL PALM BEACH IV 54 County City Yes Yes Royal Palm Beach 45 GLADES RD&I-95 53 State State 46 GLADES RD a ST ANDREWS IV 53 Sate City 47 LANTANA RD&MILITARY TRAIL 53 County County Yes Yes No 45 BELVEDERE RD&SR 7 52 County State Yes Partially Royal Palm Beach 49 HOLLY DR a MILITARY TRAIL 52 City Sate 58 COMMUNITY DR&MILITARY TRAIL 51 County State Yes No 51 FOREST HILL BV a CONGRESS AV 51 State State 52 LANTANA RD B JOG RD 51 County County Yes Yes No 53 SW 13 ST i POWERLINE RD Si County State Yes No 54 PURDY LANE&MILITARY TRAIL S9 County State Yes No — 55 PGA BY R LAKE VICTORIA GARDENS AV 49 State City 5f W ATLANTIC AV&JOG RD 49 State County Yes No 57 LANTANA RD a HAVERHILL RD 48 County County Yes Yes No 58 PALM BEACH LAKES BV B AUSTRALIAN AV 48 County County Yes Yes West Palm Beach 59 PALMETTO PARK RD&MILITARY TRAIL 48 County County Yes Partially Boca Raton I SUMMIT BV R CONGRESS AV 48 County State 61 PGA IN R PROSPERITY FARMS RD 47 State County Yes Yes Palm Beach Gardens 0 BLUE HERON BV a CONGRESS AV 46 State County Yes Yes Riviera Beach 63 f AV S&CONGRESS AV 45 County Sate Yes No 64 BOYNTON BEACH BV&JOG RD 44 State County Yes No fS GLADES RD R BUTTS RD 44 State City K LAKE WORTH RD*S 57 AV 44 State State 47 SOUTHERN BY&CRESTWOOD BY 44 Sate City f$FOREST HILL IV&KIRK RD 42 State County Yes Partially Palm Springs 9 PGA BV&FAIRWAY DR/TURNPIKE 42 Sate State 70 SOUTHERN DV&1-95 42 State Sate 71 10 AV N£JOG RD 41 County County Yes Yes Yes Greenacres 72 45 ST i HAVERHILL RD 41 County County Yes Yes Partially West Palm Beach 73 45 ST&CONGRESS AV 40 County County Yes Yes Yes West Palm Beach 74 45 ST&1-95 40 County State Yes Yes West Palm Beach 75 LINTON BY&US 1 40 County State Yes Yes Delray Beach 76 NORTHLAKE BV&I-+9S 40 Sate State 77 PALMETTO PARK RD&ST ANDREWS BV 40 County City Yes Partially Boca Raton 78 SOUTHERN DV R HAVERHILL RD 40 Sate County Yes No 79 45 ST&CORPORATE WAY 39 County City Yes Yes West Palm Beach 80 WOOLBRIGHT RD&MILITARY TRAIL 39 County County Yes Yes Partially Golf $1 WOOLBRIGHT RD&US 1 39 County State Yes Yes Boynton Beach 82 45 ST&MILITARY TRAIL 38 County State Yes Partially West Palm Beach 83 BELVEDERE RD&AUSTRALIAN AV 38 County County Yes Yes Yes West Palm Beach 84 HYPOLUXO RD&JOG RD 38 County County Yes Yes No 85 MELALEUCA LANE&MILITARY TRAIL 3$ County County Yes Yes No 84 WOOLBRIGHT RD B CONGRESS AV 38 County County Yes Yes Yes Boynton Beach 87 FAIRGROUND RD R SR 7 37 County State Yes No 88 NORTHLAKE BV&OLD DIXIE HIGHWAY 37 State County Yes Partially Lake Park 89 PALM BEACH LAKES BV B CONGRESS AV 37 County County Yes Yes Yes West Palm Beach 90 PALMETTO PARK RD*LYONS RD 37 County County Yes Yes No 91 MELALEUCA LANE B JOG RD 36 County County Yes Yes Partially Greenacres 92 PALM BEACH LAKES BY B VILLAGE DV 36 County City Yes Yes West Palm Beach ---93 PGA BV£FAIRCHILD GARDENS AV 36 State City 94 WOOLBRIGHT RD B SW 8 ST 36 County City Yes Yes Boynton Beach 95 NORTHLAKE BV&PROSPERITY FARMS RD 35 State County Yes Yes Lake Park&North PB 96 OKEECHOBEE BV&MERIDIAN RD 35 State Private 97 10 AV N R HAVERHILL RD 34 County County Yes Yes Yes Greenacres 98 BELVEDERE RD B JOG RD 34 County County Yes Yes No CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: March 5,2009 Petition: LDRA-08-03-000018 Ordinance 11,2009 Subject/Agenda Item: Ordinance 11, 2009 / LDRA-08-05-000015: Code Amendment to Section 78-159, Table 21, Amending Chart of Permitted Uses. Public Hearing & Recommendation to City Council: A request by Johnston Group Land Development Consultants, Inc., on behalf of Riverside Drive Investors, LLC ("Applicant"), the owner of property in the M1-A"Light Industrial District"within the City of Palm Beach Gardens,to amend the City's Land Development Regulations("LDRs") in order to allow Instructional Studios and Professional Studios as Minor Conditional Uses in the M-1A Light Industrial District. [ X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: 1/' Originating Dept.: Finance Dept.: City Council Action: / / Growth Management: N/A [N/A]Approved City Attorney 1,,./ Project Allan Owens [N/A]App.w/conditions R.Max Lo ,• sq. Manager Administrator [N/A] Denied Development Compliance Kara L.Irwin [ ]Rec.approval NA GMA Senior Accountant: [ ]Rec.app.w/conds. Bahareh Keshavarz-Wolfs, AICP [ ] Quasi-Judicial [ ]Rec.Denial [X] Legislative \ \ [N/A]Continued Growth Manage nt [ ] Public Hearing Tresha Thomas to: [Paid: ]Yes Attachments: Administrator Fees Kara Irwin,AIC Advertised: Date:2/18/2009 • Applicant's Narrative • Applicant's Letter to Paper: Funding Source: pp revise request [ X ] Required • Industrial District Approved By: [ ]Not Required [ ]Operating Regulations Ronald Ar'erris ' ffected parties: [X] Other NA • Table 21 [X ]N/A • Ordinance 11,2009 City Man.ger Budget Acct.#: NA Meeting Date: March 5,2009 Petition: LDRA-08-03-000018 Ordinance 11,2009 Page 2 of 5 BACKGROUND The Applicant is requesting an amendment to the Land Development Regulations (LDRs), specifically to the chart of permitted uses in Section 78-159, to allow Instructional Studios and Professional Studios as permitted uses in the M-1A Light Industrial District. The Applicant is requesting to add "Instructional Studio" and "Professional Studio" as permitted uses within the M-1A zoning district in order to accommodate prospective tenants for their sites in Palm Beach Gardens. PROPOSED CITY CODE AMENDMENT: Instructional Studio and Professional Studio Uses The Applicant is requesting approval to add "Instructional Studio" and "Professional Studio" as permitted uses within the M-1A zoning district. Staff is agreeable to the addition of the uses to the M-1A zoning district, but recommends that the uses be categorized as minor conditional uses in order to allow staff the ability to evaluate the impacts of the additional uses on the zoning district. Staff recommends approval of a text amendment in which Section 78-159 is amended to state the following: (Deletions are struck,new language is underlined): Section 78-159, Table 31: Permitted, Conditional and Prohibited Use Chart CATEGORY/ USE h W f4 eW52, 6 v4622 RETAIL&COMMERCIAL Studio, P P C 44.1 Instructional — Studio, P P C P 44.2 Professional — * * * * * * * Section 78-159. Permitted uses,minor and major conditional uses, and prohibited uses. (j)Additional standards. The following standards apply to specific uses as indicated in the"Note" column of Table 21. * * * * * * * Meeting Date: March 5,2009 Petition: LDRA-08-03-000018 Ordinance 11,2009 Page 3 of 5 (44.1) Studio, Instructional. A commercial establishment providing training or instruction for compensation in martial arts,exercise,gymnastics,and related activities shall be allowed within the Light Industrial District(M-1A)as a minor conditional use. Such instructional studios shall comply with the criteria listed below: a. All studio activity shall be located indoors. b. Bicycle parking. Growth Management staff may require bicycle racks or similar equipment as required by the use. c. Hours of Operation. Growth Management staff shall have the ability to limit hours of operation to 7:00 a.m. to 10:00 p.m. when the proposed use is located adjacent to a residential zoning districts in order to minimize impacts on adjacent residential zoning districts and uses. d. At least 80 percent of the occupancy, excluding common areas (bathrooms, hallways, etc.) shall be used for instructional area. e. Such use shall permit competition provided that noncurrent parking agreements that provide for adequate parking facilities are in force and effect. f. Traffic impacts. Growth Management staff shall have the ability to request information regarding the traffic impacts and require conditions to mitigate the impacts of such impacts. (44.2) Studio, Professional. An establishment used in the practice of artistic pursuits, including instruction for fine arts,music,photography,painting,sculpture,drama,speech,and dance shall be allowed within the Light Industrial District(M-1A) as a minor conditional use. Such professional studios shall comply with the criteria listed below: a. All studio activity shall be located indoors. b. Bicycle parking. Growth Management staff may require bicycle racks or similar equipment as required by the use. c. Hours of Operation. Growth Management staff shall have the ability to limit hours of operation to 7:00 a.m. to 10:00 p.m. when the proposed use is located adjacent to a residential zoning districts in order to minimize impacts on adjacent residential zoning districts and uses. d. At least 80 percent of the occupancy, excluding common areas (bathrooms, hallways., etc.) shall be used for instructional area. e. Such use shall permit competition provided that noncurrent parking agreements that provide for adequate parking facilities are in force and effect. f. Traffic impacts. Growth Management staff shall have the ability to request information regarding the traffic impacts and require conditions to mitigate the impacts of such impacts. ******* Meeting Date: March 5,2009 Petition: LDRA-08-03-000018 Ordinance 11,2009 Page 4 of 5 Staff Analysis The two proposed uses are currently permitted within the City's commercial zoning districts(CG-1 and CG-2). The Professional Studio use is also permitted within the Professional Office(PO) and Public & Institutional (P&I) zoning districts within the City. Currently, these uses can function within the commercial zoning district as permitted uses with minimal impacts and do not require any standard conditions of approval or impacts to mitigate. The proposed uses can also be appropriate and compatible within the M-1A zoning district,which have similar parking demands as a majority of the permitted uses already within the M-1A zoning district. Staff agrees with the Applicant's statements regarding the appropriateness of the industrial structures for uses as opposed to the restrictiveness of the typical commercial bays. While these uses can function within the commercial district, facilities within the M-1A zoning district would provide more flexibility. In order to support the uses within the district, staff proposes notations as part of the minor conditional use approval process to allow staff to have the ability to address any potential negative effects of the proposed uses and their unknown impacts within the M-1A zoning district. CONSISTENCY WITH EXISTING GOALS,OBJECTIVES AND POLICIES WITHIN THE CITY'S COMPREHENSIVE PLAN The proposed LDR text amendment permits Studio,Instructional and Professional as minor conditional uses within the M-1A zoning district, which is consistent with the Goals, Objectives,and Policies of the City's adopted Comprehensive Plan. An example of some of the goals, objectives and policies that are consistent with and furthered by the proposed amendment, are listed below. Economic Development Element Policy 13.1.5.1.:The City shall encourage balance and growth in retail trade and services by continuing to support existing regional retail services while implementing planned growth patterns to foster neighborhood-based services to serve local needs. Staff Analysis of Consistency with Comprehensive Plan: As noted in the staff analysis,the code amendment creates opportunities to support existing and future services that may in turn foster new markets for neighborhood-based service.The text amendment is specifically addressing the opportunity to serve a local need for art and physical activities. Overall,the applicant's request is consistent with the character and composition of the M-1A zoning Meeting Date: March 5,2009 Petition: LDRA-08-03-000018 Ordinance 11,2009 Page 5 of 5 district and staff can support the text amendment with the conditional use limitations. PLANNING, ZONING AND APPEALS BOARD At its meeting on December 9,2008,the Planning,Zoning,and Appeals Board(Board)held a public hearing to review the subject ordinance. The Board voted 7-0 to recommend approval of the subject ordinance. CITY COUNCIL On February 5, 2009, the City Council adopted Ordinance 11, 2009 on first reading. Prior to adoption,the applicant has requested the following minor amendment to clarify the language for professional use: d. At least 80 percent of the occupancy, excluding common areas (bathrooms, hallways., etc.), shall be used for the ' principal component of the use Since professional studios could be utilized by an artist who is not necessarily providing instruction (as an example), the applicant has proposed that "instructional area" be changed to "the principal component of the use". Staff supports the proposed amendment. STAFF RECOMMENDATION Staff recommends APPROVAL of Ordinance 11,2009,which provides for Studio,Professional and Instructional uses within the M-1A zoning district. J HNSTON GROUP JUSTIFICATION FOR LDR TEXT AMENDMENT USES WITHIN THE M-1A LIGHT INDUSTRIAL DISTRICT: Ancillary Retail Component of Uses Already Permitted; Studio,Instructional;and Studio, Professional Revised September io,2008 REQUESTS Johnston Group Land Development Consultants, Inc., on behalf of Riverside Drive Investors, LLC ("Applicant"), owner of industrially-zoned property within the City of Palm Beach Gardens, hereby respectfully requests an amendment to the City's Land Development Regulations("LDRs")to provide for (i) uses that are already allowed within the City's M-1A Light Industrial District to be permitted to offer the sale of items to the general public so long as such sale is clearly subordinate and customarily associated with the principal use; and (2) Instructional Studios and Professional Studios to be considered Minor Conditional Uses in the M-1A Light Industrial District("District"). ANCILLARY RETAIL COMPONENT OF PERMITTED USES Uses Permitted within the M-tA Light Industrial District The following is a list of the permitted and conditional uses of the District as established in the City's LDRs. As a reference for a subsequent section of this narrativerustification, uses that by their very nature would contain a retail component, whether as the principal use or a use that is ancillary to, yet customarily associated with,the principal use have been identified in bold italics. Auto Repair,General Painting and Decorating Contractor Auto Service Station and Minor Repairs Picture Framing Barber/Beauty Supplies and Equipment Sales Print Shop Bicycle Sales and Repair Lawn Mower Sales and Repair Farm Equipment and Sales Self Service Storage Feedstore Office,Professional and Business Landscape,Nursery,and Garden Supplies Veterinary Office and Clinic (Conditional Use) Lumber Yard and Building Materials College or University,Public or Private Machinery,'Tools,and Construction Equipment Sales Post Office (Conditional Use) and Service Churches and Places of Worship (Conditional Use) Medical and Dental Supply Sales Post Office,Accessory Motorcycle Sales and Service Satellite College or University (Conditional Use) Pet Grooming Shop Schools,Public and Private (Conditional Use) Restaurant,General Golf Course,Public or Private (Conditional Use) Animal Boarding Kennel (Conditional Use) Park,Public Auto/Truck Body Repair Shop Building Supply,Wholesale , F::_.'j �tC a_ .3 ,...:-^ _, =t;'f. } _ _=.."_ le .:,.' - '; •j: _ -' I ry; ,�1.1".::. ,r, ..i';1. r..i?-.. r i ''I o�.i-qil- LDR Amendment Justification September 10,2008 Page 2 of 5 Automatic/Self-Serve Car Wash Florist Boat Repair Food Products,Wholesale Storage and Sales Business,Trade and Vocational Schools Wholesale and Warehousing,General Cold Storage Facility Furniture Manufacturing, Repair and Restoration Data Processing Service Laboratory,Research and Development Day Care,Child and Adult (Conditional Use) Orthopedic Brace Manufacturing and Repair Dry Cleaning Printing and Publishing Electronic Repair Sporting Goods Manufacturing Express or Parcel Delivery Distribution Center Tool Manufacturing Housekeeping and Janitorial Services Toy Manufacturing Laboratory,General Well drilling Company Laboratory,Dental or Medical Automobile,RV,and Boat Storage,Commercial Contractor's Storage Yard (Conditional Use) Laundry,Linen Supply and Cleaning Service Freight Depot Locksmith Utility Plant and Major Substations(Conditional Use) Machine Shop Utilities,Minor Motion Picture Studio Wireless Tele-communication Facilities Accessory Uses Mobile Home,Temporary(Conditional Use) Satellite Dishes,Accessory Trailers,Construction Trailers,Sales Ancillary Retail Uses within the Mt A Light Industrial District As evidenced by the uses listed above in bold text, the City's LDRs currently allow for uses within the District that contain a retail component. However, the classification of certain uses listed above, as established in the City's LDRs,does not specially identify that such use may offer the sale of items to the general public,when in fact such use customarily contains an ancillary retail component. For example,a "Pet Grooming Shop"or a`Veterinary Office or Clinic"would customarily offer the sale of accessories for pets to its patrons;a"Golf Course"would generally contain a pro shop that offered the sale of golf equipment and accessories to its patrons;a"Picture Framing"establishment would generally offer the sale of picture frames to its patrons;an "Automobile Repair" establishment may offer the sale of auto accessories to their patrons;a building materials "Wholesaling" business may offer the sale of certain merchandise directly related to its wholesale business to the public as a supplementary component of their primary wholesaling business;a"Self Service Storage"business may offer the sale of boxes,tape, padlocks and associated items, and so on. Due to the fact that (i) certain uses in the district do not specifically identify the ancillary retail component of such uses;and(2)there is not a specific provision in the LDRs to allow for such retail uses that are subordinate to and customarily associated with a principal use permitted within the District, it has been the City's position in the past that certain retail uses that are ancillary to a permitted use within the District are not allowed. Proposed LDR Text Amendment Based on the information contained in the preceding paragraph, the Applicant is requesting an amendment to the City's LDRs to include specific language that will allow for uses already permitted in the District to offer the sale of items to the general public so long as such sale is clearly subordinate to the principal use. The Applicant understands that the City may not desire to open the door for uses within the district to contain a retail component that would create a substantial draw of patrons to the site above and beyond that which would customarily visit the light industrial use(s)on-site. Accordingly, LDR Amendment Justification September io,2008 Page 3 of 5 the applicant is proposing the following language that strictly limits the scope of the ancillary retail component,yet allows light Industrial uses to offer the sale of items to general public as an ancillary and customary component of their business: Sec.78-151.M-AA—Light industrial district. (a) Composition and intent. The M-iA light industrial district is composed of land and structures suitable for light manufacturing, wholesaling,and similar uses.These districts shall have convenient access to present and future arterial roadways, highways, and railway lines. These districts are usually separated from residential areas by business districts or by natural barriers. The district should be buffered from adjacent residential and nonresidential uses through the use of opaque walls,landscaping,berms,or any combination of such techniques. (b) Permitted uses. Permitted uses are described in the chart in Table 21. Uses permitted in the district may offer the sale of items to the general public so long as_such sale is clearly subordinate and incidental to and is customarily associated with the principal use permitted within the zoning district. Notwithstanding the preceding,the retail sale of items that would be considered to create a regular and consistently recurring draw of a repeat patron to the project site that is outside of the light industrial character of the district, whether or not such sale is considered ancillary to the principal use, is prohibited. Any floor area directly associated with such permitted ancillary retail sale that would not otherwise exist for theprincipal use, including any area utilized by employees specifically to serve the ancillary retail component.shall be limited to no more than 2o%of the gross floor area of the building or groups of buildings occupied by such use. The City's Growth Management Administrator may request demonstration of same prior to the issuance or renewal of an occupational license for the principal use. (c) Property development regulations. Property development regulations, including building site area and width,lot coverage,required setbacks,height limits,etc.,are provided in Table 12. (d) District setbacks. The minimum setback for principal and accessory structures abutting a residential district shall be 75 feet. Sec.78-151.M-iA—Light industrial district. Discussion The Applicant is the owner of property within the City that is zoned M-1A and contains approximately 100,000 square feet of vacant space. When entertaining prospective tenants, the Applicant has found that several business that would currently be permitted with the District customarily have a small component of their business that involves the sale of items to the general public. It is not the intent of the Applicant to change the composition or character of the District with the proposed amendment. It is merely the Applicant's intention to have the ability to inform prospective tenants that the customary sale of retail items as an ancillary component of their business is permitted within the District,subject to certain restrictions. The proposed text amendment provides for same while providing the City the assurance that businesses will not abuse the allowance by establishing a retail use that is neither customarily associated with the principal use nor consistent within the character of the District. It should be noted that the proposed text is either consistent with or more restrictive than certain other municipalities in the area in terms of the percentage of ancillary retail allowed as evidenced below: 1. Palm Beach County: The Palm Beach County Unified Land Development Code ("ULDC") states that "Accessory uses and structures shall not exceed 3o percent of the GFA and or business receipts of the principal use or uses, whichever is more restrictive. It should also be noted that LDR Amendment Justification September lo,2008 Page 4 of 5 the ULDC also states that(i)the retail sale of building supplies(as an example)is permitted only as an accessory use in an Industrial Zoning District (demonstrating that the County allows ancillary retail in it's Industrial District);and(2)the retail sales of building materials(lumber and allied products) may be conducted in a wholesale establishment but must be clearly accessory to the primary use. 2. Town of Jupiter: As a policy set forth in February of z000,the Town of Jupiter allows up to zo% of the floor area of a particular use in its Industrial Districts to be allocated to accessory retail sales so long as such retail sale in clearly subordinate and incidental to the industrial use. Given the fact that the LDRs currently do not provide for accessory retail uses in the District, the City and its business/property owners are at a disadvantage when it comes to attracting certain light industrial uses, such as a tile wholesaling business,that would customarily contain a retail component that is ancillary and customarily associated with the principal use. Yet,such a use would be a perfect fit within the District if it were permitted in its entirety. The proposed Code language will bring the City and its property owners more in line with the current market demands for certain uses without compromising the intent of the District. The proposed amendment is well supported and will be a benefit to the City and its residents. INSTRUCTIONAL STUDIOS AND PROFESSIONAL STUDIOS The LDRs define an "Instructional Studio" as "a commercial establishment providing training or instruction for compensation in marital arts, exercise,gymnastics, and related activities,"and define a "Professional Studio"as"an establishment used in the practice of artistic pursuits,induding instruction, for fine arts, music, photography, painting, sculpture, drama, speech, and dance." Currently, Instructional Studios and Professional Studios (collectively "Studios") are neither permitted nor conditionally permitted in the District. Rather Instructional Studios are only permitted in the General Commercial (CGS) and the intensive Commerdal (CG2) districts; and Professional Studios are only permitted in the General Commercial (CG,), Intensive Commerdal (CG2), Professional Office (P0) and Public/Institutional districts. As previously stated, the Applicant is currently performing renovations to two sites within the District comprising almost ioo,000 square feet of industrial/office space that will be available for lease to individual tenants. The Applicant has recently been approached by multiple prospective tenants that fit the description of either an Instructional Studio or a Professional Studio but has had to turn them away since said uses are not currently permitted in the District. As reflected on the map found on the following page, the City's Mi-A District is generally bounded by Burns Road to the north, the Thompson River to the south and west, and the FEC Tracks to the east, in the "heart" of the City. Existing uses within the approximately 22 parcels that comprise the District include but are not limited to office, light industrial, retail, personal service, medical office, and schools. The District is not comprised of heavy industrial uses that would be incompatible to uses that fit the description of Professional and/or Instructional Studios. In fact,the existing fabric of the District which is generally comprised of older, industrial-type structures lends itself to Studios since such uses(i)may not find it feasible to locate within commercial centers which are generally higher in cost on a per- LDR Amendment Justification September io,2008 Page 5 of 5 square-foot basis than light industrial sites; and (2)often require large interior spaces typically found in the District's industrial buildings. Further, the District is located within close proximity to residential areas within the City which could be well served by Studios located within the District. : V, l_ P. PGD.I PCP ` RM > RM �,.+r--:' w• 1 PCD POD , PGD 4It410 RL3 PO I PO 1.11A I Pn r ` r _ pL'KLNE 5- , N ii -', ,•` T. may \ � /1� y C n• t LS 1• PO 5.. VIA � a� e`er " ,). a .I•• p ' i I �. with. "i• _ "0 PGD! 2 Pn i )�,� �� ,%-....-41111k ti " G' RM ',- rtilkoeit Ir4P.. , , \ A 1 ii ,=.9, - - ' 11 i;'2;§ 1r lT ii' � +�•�' � � ��s�*� ` `a 4� # 1 0,1_, 0 it �6' \ R 2 I 01 GaP1R9M(c)f2004 GityaYr�3+–c-ii�Gal(dens.FL �. _ — Pn ,4G It is for the reasons outlined in the preceding paragraph that the Applicant is proposing an amendment to the LDRs to allow for Professional Studios and Instructional Studios to be considered permitted uses in the Mi-A zoning district. Studio uses are consistent with and will be a compliment to the other uses in the District and will not alter the character thereof. CLOSING In summary, the Applicant is working diligently to secure tenants to occupy nearly ioo,000 square feet of space in the City and feels that the aforementioned amendments to the text of the City's LDRs are critical to the success of its projects. The proposed amendments will have a positive effect on the properties within and adjacent to the District and will encourage businesses to locate to the City that may not otherwise do so given the existing limitations in the City's Code with respect to uses in the District. JOHNSTON GROUP Land Development Consultants,Inc. November 25, 2008 Ms. Kara Irwin Growth Management Administrator City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Re: Petition LDRA-08-05-000015:Follow up to November 13, 2008 Meeting Dear Ms. Irwin: This letter is a follow up to the meeting held with you and the City Attorney, Mr. Max Lohman, on November 13, 2008 to discuss the above-referenced petition ("Petition"). We, on behalf of Riverside Drive Investors, LLC ("Applicant"),want to thank you both for taking the time to meet with us to discuss staffs interpretation of the City's Land Development Regulations with respect to accessory uses permitted in the Research and Light Industrial (M-1A) District ("District"). It is our understanding based on Staff's input during the meeting and the items contained in the Staff Report for the Petition dated October 22, 2008, that the existing language in the LDRs allows for the following within the District: 1. Accessory retail sales so long as they are customary and incidental to and support the principal use and are not prohibited by the definition of the principal use, such as in the case of the Wholesale and warehousing, general use that requires sales directly to retailers for resale to consumers. 2. Retail sales of building supplies that fit the definition of Lumber yard and building materials (defined as "an establishment engaged in the sale of construction and home improvement materials, including tools,fasteners, plumbing supplies, electrical supplies, kitchen and bathroom fixtures, lighting supplies, garden supplies, paint, glass, wall paper, floor coverings, and related items"). Given Staffs confirmation of the above and understanding Staffs position that a blanket allowance of accessory retail sales within a wholesale use could allow uses within the M-1A zoning district that don't necessarily meet the definition of accessory uses established in the LDRs, the Applicant hereby withdrawals the component of the Petition related to accessory retail uses. With regard to the component of the Petition related to Professional and Instructional Studios, the Applicant has reviewed the additional standards for such uses proposed by Staff and 601 Heritage Drive,Suite 127.Jupiter,FL 33458-561.691.4552 p•561.691.4553 f.infoflohnstongroupinccom•www.johnstongroupinc.com Ms. Kara Irwin November 25,2008 Page 2 of 3 proposes the following modifications thereto (language to be added is underlined; language to be deleted is s u k►ro ): (44.1) Studio, Instructional. A commercial establishment providing training or instruction for compensation in martial arts, exercise, gymnastics, and related activities shall be allowed within the Light Industrial District (M-1A) as a minor conditional use. Such instructional studios shall comply with the criteria listed below: Applicant's comment: Any accessory retail sales would be required to meet the City's definition of accessory uses as noted in the Staff Report and in Item #1 above. Therefore, this standard should not be required. b a. All studio activity shall be located indoors. e b. Bicycle parking. Growth Management staff may require bicycle racks or similar equipment as required by the use. d c. Hours of Operation. Growth Management staff shall have the ability to limit hours of operation to 7:00am to 10:00pm when the proposed use is located adiacent to residential districts in order to minimize impacts on adjacent residential zoning districts and uses. e d. At least 80 percent of the occupancy, excluding common areas (bathrooms, hallways, etc.l shall be used for instructional area. #e. Such use shall permit competition provided that non-concurrent parking agreements that provide for adequate parking facilities are in force and effect. gf. Traffic impacts. Growth Management staff shall have the ability to request information regarding the traffic impacts and require conditions to mitigate the impacts of such impacts. (44.2) Studio, Professional. An establishment used in the practice of artistic pursuits, including instruction for fine arts, music, photography, painting, sculpture, drama, speech, and dance shall be allowed within the Light Industrial District (M-1A) as a minor conditional use. Such professional studios shall comply with the criteria listed below: Applicant's comment: Same comment as noted under Studio, Instructional. b a. All studio activity shall be located indoors. e b. Bicycle parking. Growth Management staff may require bicycle racks or similar equipment as required by the use. d c. Hours of Operation. Growth Management staff shall have the ability to limit hours of operation to 7:00am to 10:00pm when the proposed use is located adjacent to residential districts in order to minimize impacts on adjacent residential zoning districts and uses_ Ms. Kara Irwin November 25, 2008 Page 3 of 3 e d. At least 80 percent of the occupancy, excluding common areas (bathrooms, hallways, etc.) shall be used for the principal component of the use i+vAr area. €e. Such use shall permit competition provided that non-concurrent parking agreements that provide for adequate parking facilities are in force and effect. g f. Traffic impacts. Growth Management staff shall have the ability to request information regarding the traffic impacts and require conditions to mitigate the impacts of such impacts. Again, we appreciate the City's efforts in providing the Applicant a clear understanding of the City's position on accessory uses within the District. Should you have any issues or concerns with the items contained in this letter, it would be appreciated if you could contact our office to discuss. Regards, '` ,Zele( / Michael anchez Senior Project Manager c. Riverside Drive investors,LLC ARTICLE IV. ZONING DISTRICTS City of Palm Beach Gardens Sec. 78-150. M-1--Research and light industrial park district. (a) Composition and intent. The M-1 research and light industrial park district is composed of land and structures suitable for light manufacturing, research and educational facilities, wholesaling, and similar uses, developed in a planned park-like development, and compatible with adjacent residential and nonresidential uses. (b) Permitted uses. Permitted uses are described in the chart in Table 21. (c) Property development regulations. Property development regulations, including building site area and width, lot coverage, required setbacks, height limits, etc., are provided in Table 12. (d) District boundary setbacks. The minimum setback for principal and accessory structures abutting a residential district shall be 75 feet. (e) General requirements. Retail sales and consumer service establishments are allowed as accessory uses to any permitted or conditional use. However,the commercial uses shall not occupy more than five percent of the gross floor area of all buildings on any lot or group of contiguous lots in common ownership or approved as part of one development order approval. (Ord. No. 17-2000, § 84, 7-20-00) Sec. 78-151. M-IA--Light industrial district. (a) Composition and intent. The M-1A light industrial district is composed of land and structures suitable for light manufacturing,wholesaling, and similar uses. These districts shall have convenient access to present and future arterial roadways,highways, and railway lines. These districts are usually separated from residential areas by business districts or by natural barriers. The district should be buffered from adjacent residential and nonresidential uses through the use of opaque walls, landscaping, berms, or any combination of such techniques. (b) Permitted uses. Permitted uses are described in the chart in Table 21. (c) Property development regulations. Property development regulations, including building site area and width, lot coverage, required setbacks, height limits, etc., are provided in Table 12. (d) District setbacks. The minimum setback for principal and accessory structures abutting a residential district shall be 75 feet. (Ord. No. 17-2000, § 85, 7-20-00) Sec. 78-152. M-2--Heavy industrial district, (a) Composition and intent The M-2 heavy industrial district is composed of land and structures occupied by or suitable for heavy manufacturing and related activities. Located for convenient access to present and future arterial roadways and railway lines,these districts are usually separated from residential areas by business districts or natural barriers. The district should be buffered from adjacent residential and nonresidential uses through the use of opaque walls, landscaping,berms, or any combination of such techniques. (b) Permitted uses. Permitted uses are described in the chart in Table 21. (c) Property development regulations. Property development regulations, including building site area and width, lot coverage, required setbacks, height limits, etc., are provided in Table 12. (d) District setbacks. The minimum setback for principal and accessory structures abutting a residential district shall be 75 feet. (Ord. No. 17-2000, § 86, 7-20-00) http://libraryl.municode.com/default/DocView/12841/1/140/144 10/24/2008 § 78-159 PALM BEACH GARDENS CODE ) Ilir Table 21: Permitted, Conditional, and Prohibited Use Chart P= Permitted Use C=Minor Conditional Use C*=Major Conditional Use Blank = Prohibited PUDs and PCDs =Permitted Uses by Development Order Approved by City Council - z a ry S srxiNi.,t: F l• r � 1 f ^♦ 4 + ai F I: c 0 + a 7 _ G�Y',t a•s .,�x• • ,, __ .�t, a.t.t is IA RESIDENTIAL Dwelling,Single Family P P P P P PP P P P Cs P Dwelling,Mobile Home P P P P P P PP P P Dwelling,Multifamily P P P Dwelling,Two-Family P P P Home Occupation P P PP P P PP P 1 HoteVMotel,Boarding,or P P Rooming House . . Mobile Home Park P Residence Hall or Dormi- P 2 111110 tory Community Residential P P P P P P P P 3 Home,Type 1(8 or less residents) Community Residential P P C C C 4 Home,Type II(7-14) Assisted Living Facility C• C* C* C* C5 6 (1 or more residents) RETAIL&COMMERCIAL Adult Entertainment C5 6 Antique Shop P P P 7 Appliance and Electron- C P P ice Store Auto Repair,General C* P P P 8 Automobile Dealership P 9 Auto Rental,Accessory C C 10 Auto Service Station and C* P P 11 Minor Repairs (10) Supp. No. 17 CD78:116 LAND DEVELOPMENT REGULATIONS § 75-159 Auto Tire Sales and In- C' P 12 stallation Bakery P P P Barber/Beauty Supplies P P P and Equipment Sales Bicycle Sales and Repair P P P P P Boat and Marine Sales P Boad,Watercraft,and C• 12.1 ATV Sales,Ancillary Bookstore P P P Car Wash/Auto Detailing C P Clothing and Accessory P P P Store Consignment Shop P P r Convenience Store w/Gas C C 13 Sales Convenience Store w/o P P 14 Gas Sales Department Store P P • Discount Department P 16 Store Drugstore or Pharmacy, C P P General Drugstore or Pharmacy, C P P P Limited Farm Equipment and P P P Sales Feedstore P P P Floral or Florist Shop P P P Fruit and Vegetable mar- C P P ket Gift and Card Shop P P P Grocery Store,Retail - - C P P - 1 0 Supp. No.22 CD78:117 § 78-159 PALM BEACH GARDENS CODE Hardware,Paint,Class, C P P 16 Wallpaper and Floor cov- ering Store Hobby,Fabric,and Craft P P P Shop Jewelry Store,including P P P Repair of Jewelry and Clocks Landscape,Nursery,and P P P Garden Supplies Lawn Mower Sales and C P P P Repair Lumber Yard and Build- P P ing Materials Machinery,hole,and P P Construction Equipment Sales and Service Medical and Dental sup- C P P P P ply Sales Motorcycle Sales and P P Service Nightclub,Bar,or C' C• Lounge Pet Grooming Shop P P P P P Pottery Shop P P P 17 Recreational Vehicle C• 18 Park Restaurant,General C P P PP 19 Restaurant,Fast Food Cs C" 20 (with or w/o Drive- through) Restaurant,Specialty P P P 21 Restaurant,Quality P P p 22 Restaurant,Take Out P p 23 Retail,General P P 24 Showroom,General I C C 25 Supp.No.22 CD78:118 (111110‘ COI LAND DEVELOPMENT REGULATIONS § 78-159 0 _ .., 1,11441,6„.„, . ,...,,,, .4,1_,,.. r e Thrift and o Mer 11111111111111111111111111 chandise Store ‘110 0 Supp. No.22 CD78:118.1 L., LAND DEVELOPMENT REGULATIONS § 78-159 t e 'Y i 't gt,,,x..1 i d t K A:l'.E. .c :r!i' qf i '' ; r 1 ' -. :''µ �y.Sa�F-kf��'�'7'�� � d�a� a^.�i�+s`cO O'v�C �'i f�C..,� 4� 4'S �'�,,t ^ i�� �t. 4' F. PERSONAL SE1.tVIQF,S• Animal Boarding Kennel C C C C 27 Auto/Truck Fleet Mainte- P nance Shops and Ga- rages Auto/Truck Body Repair P P 28 Shop Automatic/Self-Serve Car C P P Wash Bank/FincialInstitu- C' C C C 29 an tion w/Drive Through Bank/FinancialInstitu- P P P P tion w/o Drive Through Banquet Facility C' C• C' C' 30 Barber/Beauty Shops P P P Blueprinting P P Boat Repair P 31 Business,Trade and Vo- P P cational Schools Catering Service P P Cemetery and Mauso- C' C' C' C' C' C' C' C' C' C' leum Clinic,Medical or Dental P P P Cold Storage Facility P P ' Contractor's Storage C C 33 Yard 4 Data Processing Service P P P P 34 Day Care,Child and C' C' C' C' 36 Adult Day Care,Family P P P P P P 36 Dry Cleaning P P P P 37 Electronic Repair P P P P 38 rill_ Emergency Health Care P P P 39 Supp. No.21 CD78:119 § 78-159 PALM BEACH GARDENS CODE S _raw 1 -i nr , ^�1 � ' `°l �° '�.` Aa a :y Express or Parcel Deliv- P P ery Office Express or Parcel Deliv- P P ery Distribution Center Extermination Service P P Funeral Home P P Health,Physical Fitness, C P P C Weight Reduction,and Spa Housekeeping and Jani- P P P tonal Services Laboratory,General P P Laboratory,Dental or P P P Medical Laundry,Self Service P P P Laundry and dry-clean- P P P ing Pickup Station Laundry,Linen Supply P P and Cleaning Service Locksmith P P P Machine Shop C C Mail and Packing Store, P P Private Marina, Commercial C` C* 40 Marina,Private Mooring C* Cs or Dock Massage Therapist P P 41 Motion Picture Studio P P P Nursing Home or Conva- C5 C* C5 P 42 lescent Facility Painting and Decorating P P Contractor ‘11100) Supp.No.21 CD78:120 0 LAND DEVELOPMENT REGULATIONS § 78-159 s-4 v$ e} s Yt .Lid V . V p 4V ' F 4,.0,1"K M •A - 't '1,',..';* 1.�t' /..t, 'S 4.'i,,,;',1.,-4,;(;".? , . :°` Y .„.1 ,..<`.. I"!,_X1"i 2 ..',.• i s L}',� ?;- .. .g Personal Services P P P Picture Framing P P P P P Photo Studio and Pro- C C C cussing Print Shop C C P P 43 Self Service Storage C* C* C" C" 44 Shoe Repair P P P Studio,Instructional P P Studio,Professional P P P P Tailor Shop P P Travel Agency P P P P Video Game and Amuse- P P 45 ment Parlor 0 Video Rental and Sales P P P A l .m r-S S Tx . x� 1p,-k y`.,,,T i _ Z.. s ,4 aYv {ter. }ae. r,, Business Incubator P P Employment Office P P 46 Interior Design,includ- P P P 47 ing Sales Office,Medical or Dental P P P P O ff i c e,Professional and P P P P P P P Business Optical,Optician or Op- P P P tometriat Offices Veterinary O ff i c e and P P P P C C C 48 Clinic 171304 10: �.._ 4. C'5 =,--.--J. ,- t,, Churches and Places of C* C* C* C* C' C* C* C' C* C* C' C* C' C* C' C' C' C* C" 49 Worship College or University, C• C' Public or Private filliGovernmental Uses i _ C' C' C* 50 Supp. No. 17, Rev. CD78:121 § 78-159 PALM BEACH GARDENS CODE Hospital,Public or Pri- C' C' C' P 61 vate Post Office C' C* C' C' P C' C* 52 Post Office,Accessory P P P P P P P 59 Satellite College or Uni- C C C C C C versity Schools,Public and Pri- C* C* C' C* C' C' C* C' C' C' C' C' C' 54 vate CULTURAL Ltt RRT n ` " ' ' 4 Rl ;±2, ��1•°.- Art Gallery and Mu- C C P P P P seum,Public or Private Auditorium,Public or Cs C' C' C' Co Private Club or Lodge,Private C' C' C' Golf Course,Public or C' C' C' C" C' C' C* l C' C' C" C* C' C' Private Park,Public P P P P P P P P P P P P P P P P P P C' P 55 - Recreation Center,Public C' C' C* C' C' C' C* C' C' C' C' C' C' P P C' P Recreation,Commercial- C' C' C' 66 Indoor Recreation,Commercial- C' C' C' 57 Outdoor Stadium or Arena,Public C' C' C' C' or Private Theater,Indoor C' C* C* Zoo,Public or Private C' C' C' WIIOLL:341I:E +? , Building Supply,Whole- P P sale Florist P P P Food Products,Whole- P P sale Storage and Sales Wholesale and Ware- P P P housing,General Supp.No. 17,Rev. CD 78:122 LAND DEVELOPMENT REGULATIONS § 78-159 �71 tYXy S",�7"'R' ,.5 u.l l���� �,�a- ���� ,�s'.� � t� �137:2f:�fI to 1t •S c Y0 );"•,'. , -`' f"2• t l'" Beverage Production ..........��....©.... Boat Budding ..■■■.■■■■■■..■.m■■■■ 0 Supp. No. 17,Rev. CD78:122.1 LAND DEVELOPMENT § 78-159 co, 1�i" r S�� (-'1'- p Y$ YY-. V . 1 , Wry. 1‹ 1r:: i ' , '1 1 1 Furniture Manufactur- P P ing,Repair and Restora- tion Laboratory,Research and P P P P P P Development Manufacturing,General P 58 Orthopedic Brace Mann- P P P facturing and Repair Printing and Publishing P P P Sporting Goods Manufac- P P P turing Stone Cutting and Fabri- P cation Tool Manufacturing P P P Toy Manufacturing P P P CWell drilling Company P P•TBANSr1,UTuiTIES it COM1iiUNICATION9c .... r Airport.General Aviation C* Automobile,1W,and C* C" C* C* 59 Boat Storage,Commer- cial Freight Depot P P Helistop C* C* 60 Passenger Station C* C• 61 Radio/lelevision Broad- C* P P cast Studio Utility Plant and Major C* C• C* C* C* C* 62 Substations Utilities, Minor P P P P P P P P P P P P P P P P P P P P 63 Wireless Thie-communi- C*/ P P P P P P P C*I C*/ C*/ 64 cation Facilities P P P P Y RESOURCES PRODUCTION AND EXTRACTION Agriculture I I I l I lc*_65— filli‘ Supp. No. 17 CD78:123 § 78-159 PALM BEACH GARDENS CODE kr/ , .¢ ,, �1 A'�C-�s1T vk 13,-..; 1Vl t: S� �. �' r ,� ss ps Jy?�_e�`,� ,' Q t r f f i .,„IQ V 0. ,,.'ii h 'C"yf ,.(1��i ,f� 1 l' `•1a a' *. 111i t ' ..'0 Excavation and Fill,and C* C* 66 Borrow Pit Operations OTHER i r T , Accessory Uaea P P P P P P P P P P P P P P P P P P P T Mobile Home,Temporary C C C C C C C C C C 67 1 I I I Recreation,Accessory C C C C C C C C 68 I I I Satellite Dishes,Accea- P P P P P P P P P P P P P P P P P P 69 gory Trailers,Construction P P PP P P P P P P PP P P P P P PP 70 Trailers,Sales P , P P P P P P P P P _ P P P P P . P P P 70 (j) Additional standards. The following standards apply to specific uses as indicated in the "Note" column of Table 21. (1) Home Occupations. Home occupations are commercial or occupational uses performed in a residential dwelling unit by a resident or family member. Home occupations are subject to the standards listed below. iiiil a. Only lawful residents of the dwelling mg unit shall be eng a ged in occupation. b. The use of the premises for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants.The use shall not change the residential character of the premises. c. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of the home occupation. d. Home occupations shall not be conducted in any accessory building or structure, or any open porch or carport which is attached to and part of the principal structure. e. Home occupation shall not occupy more than 15 percent of the floor area of the dwelling unit, excluding any open porch, attached garage, or similar space not suited or intended for occupancy as living quarters. f. Traffic shall not be generated by the home occupation in greater volumes than would normally be expected in a residential neighborhood. g. Vehicle parking shall be located on the same lot or premise as the home occupation. h. Equipment or processes which create noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses at any lot line shall not be used in a home occupation. In addition, equipment or processes shall not be used (1) Supp. No. 17 CD78:124 As Amended at First Reading on February 5, 2009 1 ORDINANCE 11, 2009 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AMENDING CHAPTER 78, LAND 6 DEVELOPMENT AT SECTION 78-159 ENTITLED "PERMITTED 7 USES, MINOR, AND MAJOR CONDITIONAL USES, AND 8 PROHIBITED USES" IN ORDER TO PROVIDE FOR STUDIO USES 9 AS MINOR CONDITIONAL USES WITHIN THE M-1A LIGHT 10 INDUSTRIAL DISTRICT; PROVIDING THAT EACH AND EVERY 11 OTHER SECTION AND SUB-SECTION OF CHAPTER 78, LAND 12 DEVELOPMENT SHALL REMAIN THE SAME AS PREVIOUSLY 13 ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY 14 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN 15 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 16 17 18 WHEREAS, Section 78-159 provides a chart of permitted uses, minor and major 19 conditional uses, and prohibited uses; and 20 21 WHEREAS, Section 78-159 currently prohibits studios, instructional and 22 professional in the Light Industrial (M-1A) zoning district; and 23 24 WHEREAS, this Land Development Regulations amendment was reviewed by 25 the Planning, Zoning, and Appeals Board at a duly noticed public hearing on December 26 9, 2008, and the Board recommended approval by a vote of 7 to 0; and 27 28 WHEREAS, the City Council deems approval of this Ordinance to be in the best 29 interests of the health, safety, and welfare of the residents and citizens of the City of 30 Palm Beach Gardens and the public at large. 31 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 34 OF PALM BEACH GARDENS, FLORIDA that: 35 36 SECTION 1. Chapter 78, Land Development of the Code of Ordinances of the 37 City of Palm Beach Gardens, Florida is hereby amended at Section 78-159, entitled 38 "Permitted uses, minor and major conditional uses, and prohibited uses" and readopting 39 same, as revised, providing that this section shall hereafter read as follows: 40 41 42 43 44 45 46 Ordinance 11, 2009 1 Section 78-159, Table 31: Permitted, Conditional and Prohibited Use Chart 2 3 * * * * * 4 CATEGORY/USE tki 0 W �` N N M X _ Z F N c Q N 2 RETAIL&COMMERCIAL Studio, P P C 44.1 Instructional Studio, Professional P P P C P 44.2 5 6 7 ** * * * * * 8 9 (j) Additional standards. The following standards apply to specific uses as indicated in 10 the "Note" column of Table 21. 11 * * * * * * * 12 13 (44.1) Studio, Instructional. A commercial establishment providing training or instruction 14 for compensation in martial arts, exercise, gymnastics, and related activities shall be 15 allowed within the Light Industrial District (M-1A) as a minor conditional use. Such 16 instructional studios shall comply with the criteria listed below: 17 18 a. All studio activity shall be located indoors. 19 20 b. Bicycle parking. Growth Management staff may require bicycle racks or 21 similar equipment as required by the use. 22 23 c. Hours of Operation. Growth Management staff shall have the ability to limit 24 hours of operation to 7:00 a.m. to 10:00 p.m. when the proposed use is 25 located adiacent to residential zoning districts in order to minimize impacts on 26 adjacent residential zoning districts and uses. 27 28 d. At least 80 percent of the occupancy, excluding common areas (bathrooms, 29 hallways, etc.), shall be used for the principal component of the use. 30 31 e. Such use shall permit competition provided that noncurrent parking 32 agreements that provide for adequate parking facilities are in force and effect. 33 34 f. Traffic impacts. Growth Management staff shall have the ability to request 35 information regarding the traffic impacts and require conditions to mitigate the 36 impacts of such impacts. 37 Ordinance 11, 2009 1 (44.2) Studio, Professional. An establishment used in the practice of artistic pursuits, 2 including instruction for fine arts, music, photography, painting, sculpture, drama, 3 speech, and dance shall be allowed within the Light Industrial District (M-1A) as a minor 4 conditional use. Such professional studios shall comply with the criteria listed below: 5 6 a. All studio activity shall be located indoors. 7 8 b. Bicycle parking. Growth Management staff may require bicycle racks or 9 similar equipment as required by the use. 10 11 c. Hours of Operation. Growth Management staff shall have the ability to limit 12 hours of operation to 7:00 a.m. to 10:00 p.m. when the proposed use is 13 located adjacent to residential zoning districts in order to minimize impacts on 14 adjacent residential zoning districts and uses. 15 16 d. At least 80 percent of the occupancy, excluding common areas (bathrooms, 17 hallways, etc.), shall be used for the principal component of the use. 18 19 e. Such use shall permit competition provided that noncurrent parking 20 agreements that provide for adequate parking facilities are in force and effect. 21 22 f. Traffic impacts. Growth Management staff shall have the ability to request 23 information regarding the traffic impacts and require conditions to mitigate the 24 impacts of such impacts. 25 26 ******* 27 28 SECTION 2. All ordinances or parts of ordinances in conflict be and the same are 29 hereby repealed. 30 31 SECTION 3. Should any section or provision of this Ordinance or any portion 32 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 33 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 34 35 SECTION 4. Specific authority is hereby given to codify this Ordinance 36 37 SECTION 5. This Ordinance shall become effective immediately upon adoption. 38 39 40 41 42 43 44 45 46 3 Ordinance 11, 2009 1 PASSED this 5 day of FEE IZV 1 , 2009, upon first reading. 2 3 PASSED AND ADOPTED this day of , 2009, upon second 4 and final reading. 5 6 7 CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT 8 9 BY: 10 Eric Jablin, Mayor 11 12 13 David Levy, Vice Mayor 14 15 16 Joseph R. Russo, Councilmember 17 18 19 Jody Barnett, Councilmember 20 21 22 Robert G. Premuroso, Councilmember 23 24 25 ATTEST: 26 27 28 BY: 29 Patricia Snider, CMC, City Clerk 30 31 32 APPROVED AS TO FORM AND 33 LEGAL SUFFICIENCY 34 35 36 BY: 37 R. Max Lohman, Interim City Attorney 38 39 ��40 / 41 42 43 44 45 46 G:\attorney_share\ORDINANCES\2009\Ordinance 11 2009-minor conditional uses amendment-studio uses.docx 4 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: March 5, 2009 Resolution 23, 2009 Subject/Agenda Item: Mutual Aid Interlocal Agreement for Fire Rescue Assistance between the City of Palm Beach Gardens and the City of West Palm Beach [X ] Recommendation to APPROVE [ ] Recommendation to DENY Revie - • by Originating Dept.: Costs: $ 0 . Council Action: (Total) C' •� ey [ ]Approved Fire Rescue $ 0 . Current FY [ ]Approved w/ conditions [ ] Denied Finance m nistrator Advertised: Funding Source: [ ] Continued to: Date: [ ] Operating Attachments: Paper: [ ] Other Staff Report Resolution 23,2009 Mutual Aid Agreement [x] Not Required Submitted by: Peter T. Bergel Fire Chief Department Director Affected parties Budget Acct.#: Approv-d by• lotifed [ ] Not required City M.flat er Meeting Date: March 5, 2009 Resolution 23, 2009 BACKGROUND: Fire Rescue currently has executed an Emergency Services Agreement for Mutual Assistance and Automatic Aid between the City of Palm Beach Gardens, Palm Beach County and the Village of North Palm Beach. This new Agreement for Mutual Assistance and Automatic Aid provides for a closest unit response for emergency services between Palm Beach Gardens Fire Rescue and West Palm Beach Fire Rescue. As you are aware Fire Rescue receives dispatch services by Palm Beach County as part of the Countywide Dispatch Agreement. Additionally, in the north end of the County the Villages of Tequesta, North Palm Beach and West Palm Beach also participate in this dispatch service. The City of West Palm Beach recently constructed a temporary fire station on Northlake Boulevard adjacent to the development of Carlton Oaks in order to provide service to the development of Ibis, which is located within the municipal boundaries of West Palm Beach. The City of West Palm Beach has requested to participate with the County and the City in our Mutual Assistance Automatic Aid Agreement affording the City additional closest unit response in the western parts of the City. Based on this information we have agreed to this Agreement as it is mutually advantageous for all parties in times of emergency where the need created is too great for either party to deal with unassisted. The Agreement is for a period not to exceed ten (10) years. STAFF RECOMMENDATION: Staff recommends approval of Resolution 23, 2009 Mutual Aid Interlocal Agreement for Fire Rescue Assistance between the City of Palm Beach Gardens and the City,of West Palm Beach. 1 RESOLUTION 23, 2009 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING A MUTUAL AID 6 INTERLOCAL AGREEMENT FOR FIRE-RESCUE ASSISTANCE 7 BETWEEN THE CITY OF PALM BEACH GARDENS AND THE CITY 8 OF WEST PALM BEACH; AUTHORIZING THE MAYOR TO 9 EXECUTE THE AGREEMENT; PROVIDING AN EFFECTIVE DATE; 10 AND FOR OTHER PURPOSES. 11 12 13 WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal 14 Cooperation Act of 1969," authorizes local governments to make the most efficient use 15 of their power by enabling them to cooperate with other localities on a basis of mutual 16 advantage and thereby to provide services and facilities that will harmonize geographic, 17 economic, population, and other factors influencing the needs and development of local 18 communities; and 19 20 WHEREAS, the City of Palm Beach Gardens and the City of West Palm Beach 21 maintains a Fire-Rescue Department with fire-rescue equipment, firefighting personnel, 22 emergency medical equipment, emergency medical personnel, and other emergency 23 capabilities; and 24 25 WHEREAS, the City Council has deemed it to be mutually advantageous to enter 26 into an Agreement providing for mutual assistance/automatic aid in times of emergency 27 where the need created may be too great for either party to deal with unassisted or 28 where a closest unit response is agreeable and in the best interest of the citizens and 29 residents of the City of Palm Beach Gardens; and 30 31 WHEREAS, the City desires to participate in such mutual assistance and 32 automatic aid with the City of West Palm Beach; and 33 34 WHEREAS, the City of West Palm Beach is desirous of providing reciprocal 35 services to the City operation; and 36 37 WHEREAS, such Interlocal Agreement has been prepared and is attached 38 hereto; and 39 40 WHEREAS, the City Council has deemed approval of this Resolution to be in the 41 best interest of the citizens and residents of the City of Palm Beach Gardens. 42 43 44 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 45 OF PALM BEACH GARDENS, FLORIDA that: 46 Resolution 23, 2009 1 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 2 3 SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby 4 approves the Mutual Aid Interlocal Agreement for Fire-Rescue Assistance between the 5 City of Palm Beach Gardens and the City of West Palm Beach and authorizes the 6 Mayor to execute such Interlocal Agreement. 7 8 SECTION 3. This Resolution shall become effective immediately upon adoption. 9 10 11 PASSED AND ADOPTED this day of , 2009. 12 13 14 CITY OF PALM BEACH GARDENS, FLORIDA 15 16 17 BY: 18 Eric Jablin, Mayor 19 20 ATTEST: 21 22 23 BY: 24 Patricia Snider, CMC, City Clerk 25 26 APPROVED AS TO FORM AND 27 LEGAL SUFFICIENCY 28 29 30 BY: 31 R. Max Lohman, Interim City Attorney 32 33 VOTE: AYE NAY ABSENT 34 35 MAYOR JABLIN 36 37 VICE MAYOR LEVY 38 39 COUNCILMEMBER RUSSO 40 41 COUNCILMEMBER BARNETT 42 43 COUNCILMEMBER PREMUROSO 44 45 46 47 G:\attorney_share\RESOLUTIONS\2009\resolution 23 2009-interlocal with wpb for mutual aid-fire rescue.docx 2 MUTUAL AID INTERLOCAL AGREEMENT FOR FIRE/RESCUE ASSISTANCE BETWEEN THE CITY OF PALM BEACH GARDENS AND THE CITY OF WEST PALM BEACH Contract No. 06595 Res. No. THIS AGREEMENT is made and entered into this day of , 200 , by and between the CITY OF PALM BEACH GARDENS, a Florida municipal corporation (hereinafter "PBG"), and the CITY OF WEST PALM BEACH, a Florida municipal corporation(hereinafter "WPB"). WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governments to make the most efficient use of their power by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, each of the parties to this Agreement presently maintains a fire-rescue department with fire rescue equipment, fire fighting personnel, emergency medical equipment, emergency medical personnel, and other emergency capabilities; and WHEREAS, it is deemed mutually advantageous to enter into this Agreement providing for mutual assistance/automatic aid in times of emergency where the need created may be too great for either party to deal with unassisted and is agreeable and in the public interest; and NOW, THEREFORE, in consideration of the terms and conditions set forth herein and the benefits following from each to the other, PBG and WPB do hereby agree as follows: 1. MUTUAL ASSISTANCE; OPERATIONS 1.1. Mutual Assistance; Areas: PBG and WPB agree to provide assistance to each other for fire suppression, emergency medical services, and technical rescue, within the terms and conditions set forth by this Agreement. The assistance/automatic aid provided for by this Agreement shall extend to areas served by the parties through service agreements. 1.2. Request for Aid/Assistance: Emergency mutual assistance/automatic aid will be given when properly requested unless the party from whom assistance is requested determines in accordance with Section 1.5 of this Agreement that it is unable to respond. The party requesting aid and/or assistance shall provide the following information at the time the request is made: a. The general nature, type and location of the emergency; b. The type and quantity of equipment and/or personnel needed; and c. The name and rank of the person making the request. 1 Fire Mutual Aid—PBG/WPB 11-15-08 All requests shall be directed through Palm Beach County's emergency dispatch communications center. The following officials of the participating parties are authorized to request aid and assistance under this Agreement: the respective Fire Chiefs, Assistant or Deputy Fire Chiefs, Incident Commanders, the City Manager of PBG or the Mayor or City Administrator of WPB. 1.3. Command Authority: In the event of an emergency which requires additional assistance, the Fire Chief of the jurisdiction in which the incident is located, or in his absence, the Assistant or Deputy Fire Chief or the Incident Commander, will direct the activities at the scene where the emergency exists, but personnel responding to the call will remain under the command of their own officers at all times. Each party shall retain control over its personnel and the rendition of services, standards of performance, discipline of officers and employees, and other matters incidental to the performance of services. Each party authorizes its Fire Chief or his designee to meet with the other party's Fire Chief or his designee and develop automatic aid/mutual assistance plans and procedures, including but not limited to details regarding areas to be serviced and type and/or level of response. The Fire Chiefs are also authorized to promulgate necessary administrative regulations and orders to implement and administer these plans and procedures. 1.4. Remuneration: All costs associated with providing mutual assistance/automatic aid services under this Agreement shall be the responsibility of the city rendering aid/assistance. The parties further agree that the city rendering aid/assistance may request reimbursement for any expenditure of goods or services directly from the persons, parties, or company involved in, causing, or responsible for, the incident at the sole discretion of the city rendering aid or assistance. The city rendering aid/assistance for emergency medical services that requires transport service may request reimbursement for the transport service from the patient. The city rendering service will handle insurance claims and collection in accordance with their policies and procedures and shall be in accordance with the latest Federal Medicare guidelines, if applicable. If the rendering city invoices the party responsible for the incident for reimbursement of the goods and services provided, a copy of such invoice shall be forwarded to the requesting city as a matter of courtesy; provided, however, that the parties will not be required to provide copies of transport fee invoices to the other party and shall not otherwise use or disclose Protected Health Information ("PHI") or Electronic Protected Health Information ("e-PHI") except as permitted by the Health Insurance Portability and Accountability Act ("HIPAA"), the regulations promulgated thereunder, and any other applicable laws and regulations, all as may be amended from time to time. 1.5. Ability to Respond: Each party may refuse to respond to a request for aid/assistance in the event it does not have the required equipment or staffing available or if, in its sole judgment, compliance with the request would jeopardize the protection of its own jurisdiction or personnel. Notwithstanding anything herein that may be construed to the 2 Fire Mutual Aid—PBG/WPB 11-15-08 contrary, the parties understand and agree that it is not the intention of the parties to subsidize the normal day-to-day operations or shortages in staffing or equipment of the other party and that the mutual assistance/automatic aid provided hereunder is intended to be mutual in nature. 1.6. HIPAA Compliance: Both parties acknowledge and agree that their respective fire-rescue departments are covered entities under the Health Insurance Portability and Accountability Act ("HIPAA") and therefore are bound by the provisions of HIPAA and the regulations promulgated thereunder (including the privacy and security rules), all as may be amended from time to time. Should any provision of this Agreement be determined to be inconsistent with the requirements of HIPAA and/or the regulations promulgated thereunder, then the parties shall promptly amend such provision as necessary to comply with HIPAA and its regulations. 2. EMPLOYEES; REPRESENTATIVES 2.1. Representative and Contract Monitors: PBG's representative and Contract Monitor during the performance of this Agreement shall be the Chief of Operations, whose telephone number is (561) 799-4367. WPB's representative and contract monitor during the performance of this Agreement shall be the Fire Chief, whose telephone number is (561) 804-4705. 2.2. Employee Functions: No employee of either party to this Agreement shall perform any function, or service which is not within the employee's scope of duties as defined or determined by the employee's employer. 2.3. Employee Claims, Benefits, etc.: No employee, officer, or agent of either party shall, in connection with this Agreement or the performance of services and functions hereunder, have a right to or claim any pension, workers' compensation, unemployment compensation, civil service, or other employee rights, privileges, or benefits granted by operation of law or otherwise except through and against the entity by whom they are employed. No employee of either party shall be deemed the employee of the other, for any purpose, during the performance of services hereunder. 3. EFFECTIVE DATE; TERMINATION. 3.1. Effective Date and Term: This Agreement shall take effect upon approval by both parties and continue for a term of ten (10) years, unless sooner terminated as provided herein. 3.2. Notice of Termination: Either party to this Agreement may, upon ninety (90) days prior written notice to the other, terminate this Agreement for any reason or for no reason at all. 4. LIABILITY; INDEMNIFICATION 4.1. No Assumption of Liability: Neither party to this Agreement, nor their respective officers or employees, shall be deemed to have assumed any liability for the negligent 3 Fire Mutual Aid—PBG/WPB 11-15-08 or wrongful acts or omissions of the other. Nothing in this Agreement shall be construed as a waiver of sovereign immunity by either party. 4.2. Liability for Injury: All the privileges and immunities from liability, exemptions from law, ordinance and rules, and all pensions and relief, disability, workers' compensation and other benefits which apply to the activity of the officers or employees of either party when performing their respective functions, within the territorial limits for their respective agencies, shall apply to the same degree and extent to the performance of such functions and duties extraterritorially. Liability for injury to personnel, and for loss or damage of equipment, shall be borne by the party employing such personnel, and owning or possessing such equipment. 4.3. Indemnification: Each party shall be liable for its own actions and negligence and, to the extent permitted by law, PBG shall indemnify, defend and hold harmless WPB against any actions, claims or damages arising out of PBG's negligence in connection with this Agreement and WPB shall indemnify, defend and hold harmless PBG against any actions, claims or damages arising out of WPB's negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by party to indemnify the other party for such other party's negligent, willful or intentional acts or omissions. 5. CONFLICT RESOLUTION; CLAIMS. 5.1. Conflict Resolution. Any dispute or conflict between the parties that arises from the provision of services under this Agreement shall be presented in writing to the respective Contract Monitors. The Contract Monitors shall then meet to discuss the disputed issues and attempt in good faith to resolve the dispute or conflict prior to either party initiating the intergovernmental conflict resolution process provided for by Chapter 164, Florida Statutes. 5.2. Remedies: This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 5.3. Notice of Suits: Each party agrees to notify the other of any claim, or the initiation of any legal proceeding against it, which relates in any manner to the services provided by the other party. Each party will cooperate with the other in the defense of any suit or action arising out of, or related to, the services rendered under this Agreement. 6. GENERAL CONTRACT TERMS. 6.1. Equal Opportunity: Each party represents and warrants that it will not discriminate in the performance of services hereunder and that its employees and members of the 4 Fire Mutual Aid—PBG/WPB • 11-15-08 general public benefiting from services hereunder will be treated equally and without regard to race, sex, sexual orientation, color, religion, disability, age, marital status, national origin or ancestry. 6.2. Annual Appropriations: Each party's performance and obligation under this Agreement is contingent upon an annual budgetary appropriation by its respective governing body for the purposes hereunder. 6.3. Notices: All written notices required under this Agreement shall be sent by certified mail, return receipt requested, and shall be mailed to: PBG: Palm Beach Gardens Fire Rescue Chief of Operations 4425 Burns Road Palm Beach Gardens, FL 33410 WPB: Fire Chief City of West Palm Beach Fire Department 500 North Dixie Highway West Palm Beach, FL 33402 Each party may change its address upon notice to the other. 6.4. Records: Each party shall maintain all records pertaining to the services delivered under this Agreement for a period of at least three (3) years. Each party shall maintain records associated with this Agreement, including, but not limited to, all accounts, financial and technical records, research or reports, in accordance with Florida law. 6.5. Assignment of Rights: Neither party shall assign, transfer or convey, in whole or in part, its rights, duties, or obligations under this Agreement without the prior written consent of the other. 6.6. Modification and Amendment: No modification, amendment, or alteration in the terms or conditions of this Agreement shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. 6.7. Captions: The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. 6.8. No Transfer of Power. Nothing contained in this Agreement shall be construed to constitute a transfer of powers in any way whatsoever. This Agreement is solely an interlocal agreement to provide services as authorized by Chapter 163, Florida Statutes. PBG and WPB City commissions or councils shall each retain all legislative authority with regard to their respective governing body. 6.9. Severability: In the event that any section, paragraph, sentence, clause, or 5 Fire Mutual Aid—PBG/WPB 11-15-08 provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 6.10. Survivability: Any provision of this Agreement that is of a continuing nature, or which by its language or nature imposes an obligation or right that extends beyond the term of this Agreement, shall survive the expiration or earlier termination of this Agreement. 6.11. Joint Preparation: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely or as a matter of judicial constraint, be construed more severely against one of the parties than the other. 6.12. None of the provisions of this Agreement shall be construed to create any third- party beneficiary or to otherwise give any enforceable rights or benefits to any one other than the parties to this Agreement. 6.13. Triplicate Execution; File with Clerk. This Agreement shall be signed in triplicate by both parties and filed for record by the City with the Clerk of the Circuit Court of Palm Beach County pursuant to Section 163.01 of Florida Statues. 6.14. Entirety of Agreement. This Agreement represents the entire understanding of the parties and supersedes all other negotiations, representations, or agreements, written or oral, relating to this Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 6 Fire Mutual Aid—PBG/WPB 11-15-08 IN WITNESS WHEREOF, the undersigned parties have caused these presents to be signed by their duly authorized officers on the day and year first written above. ATTEST: CITY OF PALM BEACH GARDENS BY ITS CITY COUNCIL By: By: City Clerk Eric Jablin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Ze(9 �I Cttorney ATTEST: CITY OF WEST PALM BEACH, FLORIDA By: By: City Clerk Lois J. Frankel, Mayor City Attorney's Office Approved as to form and legal sufficiency By: Date: 7 Fire Mutual Aid—PBG/WPB 11-15-08 CITY OF PALM BEACH GARDENS �,�y P�a1mB t 6asdens COUNCIL AGENDA .r ...f March 5, 2009 I 7:00 P.M. * 1c 4. °*' * � Mayor Jablin w - Vice Mayor Levy Council Member Russo SOltreet ' :0 Council Member Barnett Council Member Premuroso i L PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. (Staff Report on Page 4. Resolution on Page 6) Resolution 14, 2009 - Fire Rescue Training Agreement. A Resolution of the City Council of the City of Palm \� Beach Gardens, Florida approving an Interlocal Agreement with Palm Beach Community College for Professional Development Training for Fire-Rescue Personnel; providing an effective date; and for other purposes. IX. PUBLIC HEARINGS: Part I — Quasi-judicial a. (Staff Report on Pale 11. Ordinance on Pale 21) Ordinance 7, 2009 — (2nd reading and adoption) — Rezoning of the Northlake Congress Commercial Center (15141' property. An Ordinance of the City Council of the City of Palm Beach Gardens, 5 'v Florida rezoning a certain parcel of real property comprising approximately one and 37/100 (1.37) acres, more or less, in size; such parcel being located on the North side of Northlake Boulevard approximately one mile East of I-95 at the intersection of Northlake Boulevard and Congress Avenue, informally known as the Northlake Congress Commercial Center, as more particularly described herein, from Residential Medium (RM) to Commercial General (CG1) zoning district; revising the City zoning district map accordingly; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. b. (Staff Report on Page 26. Ordinanc on Page :3",u Ordinance 8, 2009 — (2nd reading and adoption) - Rezoning of the Loxahatchee Slough properties. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida `gyp ` rezoning fourteen (14) parcels of real property comprising approximately two r1 thousand twenty-four (2,024) acres, more or less, in size; such parcels of land are a located within the Loxahatchee Slough and Sandhill Crane Natural Areas which include three locations generally located West of the Florida Turnpike and/or North of Northlake Boulevard, as more particularly described herein, from Planned Development Area (PDA) to Conservation (CONS) zoning district; the City zoning district map shall be revised accordingly; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. Part lu— Non-Quasi-iudicial a. (Staff Report on Pali. -l►. Ordinance on Page Ordinance 4, 2009 — (2nd - f1 reading and adoption) - Red Light Intersection cameras. An Ordinance of the City Pp,SS Council of the City of Palm Beach Gardens, Florida amending Chapter 70, Traffic and Vehicles by adopting an entirely new Article VI to be entitled "Dangerous Intersection Safety"; providing for recorded-image monitoring, definitions, an introductory period, review of recorded images, notices, hearing, non- responsibility provisions, enforcement, and penalties related to a violation of this article, also known as a "Red-Zone Infraction"; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. b. (Staff Report on Page 75, Ordinance on Page 100) Ordinance 11, 2009 — (2nd reading and adoption) - Studio uses in MIA Light Industrial District. An (;)3 Ordinance of the City Council of the City of Palm Beach Gardens, Florida c; amending Chapter 78, Land Development at Section 78-159 entitled "Permitted } Uses, Minor, and Major Conditional Uses, and Prohibited Uses" in order to provide for studio uses as Minor Conditional Uses within the M-1 A Light Industrial District; providing that each and every other Section and Sub-section of Chapter 78, Land Development shall remain the same as previously adopted; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. X. RESOLUTIONS: a. (Stall' Report on Page 104. Resolution on Page 106' Resolution 23, 2009 - Mutual Aid Agreement with the City of West Palm Beach. A Resolution of the tilt y City Council of the City of Palm Beach Gardens, Florida approving a Mutual Aid Interlocal Agreement for Fire-Rescue Assistance between the City of Palm Beach Gardens and the City of West Palm Beach; authorizing the Mayor to execute the agreement; providing an effective date; and for other purposes. XI ORDINANCES: (For Consideration on First Reading) XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: XIII. CITY ATTORNEY REPORT: XIV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost Please call the City Clerk's Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770(VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. ( ,-,43( NQr — '1e +A)Qy1 rout u t 1.-46-4.2_ f^ L o f.t ltA t K� a -Lt' LA rce4ti c1.43- r- COMMENTS FROM THE PUBLIC PS Re st to Address City Council Please Print Name: Address: City- Subject: 11411 .57,1714- Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: \ thv' NV) PA)441Y Address: 6, EA-4 IP:V:1 GO( LIL City: Subject: i(?-kFC.0 LCD �� (4\--Matc4kc, e G LJ b L Gam€ 3 Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: „I� �) Address: i" Zu1 Livia City: - . Subject: 0 rAAMA!& 4 / 210 /1 Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: )C- Address: -74-"D 12,4 ► 1 City: Subject: Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Ado Name: `/ Address: 96/ .o .1-/W% ' City: P.Z7 Subject: 6 Li C x1G 4.4, Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: ! ,, ! i. r l � /i4 Address: -�/ Zjor2 P e-ch F City: Subject: r Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Si Address: 3Pd7 City: 33(.�, �, Subject: Ic' L...(/4-- 6 00,4 r.k:, Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: �P� a-ANC/ Address: a R (2i h rt G"1/4... ga 1,4J City: ' 1VV\ 2xin s FL Subject: ¶1Thj 'PQr k ootrcA Poi i.e0-1 Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: 4 At CJ g 4$2. Address: -- �j S S ! C C of kn,Av • City: C-5-- A� r�Q_ t (ft A , Subject: ► �■ 1 . . L S I Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: VC Co (� Address: /0 Z72 KI-17,64 C.n . ! tAfP.3 - City: Subject: 17G+R CA4,1ODR ms t4 /pac, H15-roR1c , soc-1C-TL' ETC . Me'scii-U12. 57-47- u Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: . ' ' Afi A r/ Address: / R _ Air - lec/I city:y Q i ck Gar-Glenn FL Subject: / 4t/ ,r Ect/ re /9/0 re J.e Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Address: 17 d 5 0 N fift-TaP4 c C -r , City: 1z �-?4 Sub'ect: tr—1-A- w ? +0 P fr'tA Ar ' i L, 7-AT L)G Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: 9p \AV Address: �� KIMD1g'ti2i City: fr4j / Subject: /41/9- 0,14, "4 '7AM e 1/0artlaN Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: W,,14 n ‘e --- Address: eT7 City: P136-) 3 1I Subject: 41.11A111 A Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print eA- 46,A.) Name: Address: City: Subject: Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: 61 ,470/ Address: f City: t Subject: Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. irI 2,1)0 9 Calf Cvc H-eer►^S ' Tonight we are holding quasi-judicial hearings on the following cases •Ordinance 7, 2009 — (2nd reading and adoption) — Rezoning of the Northlake Congress Commercial Center property. •Ordinance 8, 2009 — (2nd reading and adoption) - Rezoning of the Loxahatchee Slough properties This means that the City Council is required by law to base its decision on the evidence contained in the record of this proceeding, which consists of the testimony at the hearing, the materials which are in the official City file on this application and any documents presented during this hearing. The Council is also required by law to allow cross-examination of any witnesses who testify tonight. Cross-examination may occur after the staff, the applicant and other participants have made their presentations and will be permitted in the order of the witnesses' appearance. It is necessary that anyone who testifies at the hearing remain until the conclusion of the hearing in order to be able to respond to any questions. If you plan to testify this evening, or wish to offer written comments, please fill out a card and give it to the City Clerk. The City Clerk will now swear in all persons who intend to offer testimony this evening on any of these cases. r Part H — Non-Quasi-iudicial Title Read: Ordinance 4, 2009 — (2"d reading and Hearing Opened: adoption) - Red Light Intersection cameras. An Ordinance of the City Council of the City of Palm Petitioner presentation: Beach Gardens, Florida amending Chapter 70, Traffic and Vehicles by adopting an entirely new Staff Presentation: Article VI to be entitled "Dangerous Intersection Hearing Closed: Safety"; providing for recorded-image monitoring, definitions, an introductory period, review of Bring back for discussion: . recorded images, notices, hearing, non- responsibility provisions, enforcement, and Motion: penalties related to a violation of this article, also Vote: known as a "Red-Zone Infraction"; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. Title Read: Ordinance 11, 2009 — (2nd reading and adoption) - Studio uses in MI A Light Industrial Hearing Opened: District. An Ordinance of the City Council of the Petitioner presentation: City of Palm Beach Gardens, Florida amending Chapter 78, Land Development at Section 78-159 Staff Presentation: entitled "Permitted Uses, Minor, and Major Hearing Closed: Conditional Uses, and Prohibited Uses" in order to provide for studio uses as Minor Conditional Uses Bring back for discussion: within the M-1 A Light Industrial District; providing that each and every other Section and Motion: Sub-section of Chapter 78, Land Development shall remain the same as previously adopted; Vote. providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. PUBLIC HEARINGS: xx/xx/2008 ■ Part I - Quasi-Judicial Title Read: Ordinance 7, 2009 — (2"d reading and Hearing Opened: adoption) — Rezoning of the Northlake Congress Ex-Parte: JB DL JR HV EJ Commercial Center property. An Ordinance of the - -- City Council of the City of Palm Beach Gardens, Petitioner presentation: Florida rezoning a certain parcel of real property comprising approximately one and 37/100 (1.37) Staff Presentation: acres, more or less, in size; such parcel being Hearing Closed: located on the North side of Northlake Boulevard approximately one mile East of 1-95 at the Bring back for discussion: intersection of Northlake Boulevard and Congress Avenue, informally known as the Northlake Motion: Congress Commercial Center, as more Vote: particularly described herein, from Residential Medium (RM) to Commercial General (CG1) zoning district; revising the City zoning district map accordingly; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. Title Read: Ordinance 8, 2009 — (2°d reading and adoption) - Rezoning of the Loxahatchee Slough Hearing Opened: properties. An Ordinance of the City Council of Ex-Parte: JB DL JR I-IV EJ the City of Palm Beach Gardens, Florida rezoning fourteen (14) parcels of real property comprising Petitioner presentation: approximately two thousand twenty-four (2,024) acres, more or less, in size; such parcels of land Staff Presentation: are located within the Loxahatchee Slough and Hearing Closed: Sandhill Crane Natural Areas which include three locations generally located West of the Florida Bring back for discussion: Turnpike and/or North of Northlake Boulevard, as more particularly described herein, from Planned Motion: Development Area (PDA) to Conservation Vote: (CONS) zoning district; the City zoning district map shall be revised accordingly; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. 1 r. RESOLUTIONS Title Read: Resolution 23, 2009 - Mutual Aid Agreement Hearing Opened: with the City of West Palm Beach. A Resolution Staff Presentation: of the City Council of the City of Palm Beach Gardens, Florida approving a Mutual Aid Hearing Closed: Interlocal Agreement for Fire-Rescue Assistance between the City of Palm Beach Gardens and the Bring back for discussion: City of West Palm Beach; authorizing the Mayor to execute the agreement; providing an effective Motion: date; and for other purposes. Vote: 3 R- `A. 3/Sly Q c -y C CMG tAc e-n 7-' �. PGA CORRIDOR Gay • ccwNa,L. I l I ASSOCIATION ( I Our Mission: To preserve,enhance and promote the PGA Corridor as the premier business location in Palm Beach County. 2008-2009 Officers&Directors: Joey Eichner,Chairman Steve Mathison,Vice Chairman Greg Leach,Immediate Past Chair Phil Woodall Treasurer Stephen Cohen,Secretary Thomas Cairnes March 5, 2009 Frank Callander Joel Channing Neil Gaeta Gary Gottlieb Jim Griffin Mayor and City Council Don Hearing Della Porter City of Palm Beach Gardens SUSTAINING MEMBERS: 10500 North Military Trail 1 'United Bank Palm Beach Gardens, FL 33410 Anchor Commercial Bank Anderson-Moore Construction Corp. Applefield Waxman,Inc. Re: MacArthur Statue Astorino Catalfumo Construction&Development Channing Corporation Dear Mayor and Council: Colonial Bank,N.A. Cotleur&Hearing,Inc. DMJ Property Services,Inc. DoubleTree Hotel This letter is submitted b y the Board of Directors on behalf of Equus Properties the membership of the PGA Corridor Association. FAU Fisher-Gaeta Corp. Grand Bank&Trust of Florida Illustrated Properties Real Estate,Inc. We are extremely disappointed by your decision to place the IronStone Bank John D. MacArthur statue at Lake Catherine. We strongly John C.Bills Properties,Inc. Johnston Group believe that this significant monument honoring this city's Menin rin Development dman,Inc. ,Inc. founding father should be prominently placed at City Hall. NAIIMerin Hunter Codman,Inc National City Corporation Northern Palm Beach County Chamber of Commerce Page Commercial Real Estate,Inc. We strongly urge you to reconsider this matter. Palm Beach Community College—Eissey Campus PGA Credit Union,a Division of IBM Southeast ECU PGA Marina Center,Ltd. PGA National Resort&Spa Sincerely, RAM Realty PGA Corridor Associatio1 Robb&Stucky Seacoast National Bank Stephen S.Mathison,P.A. A Taylor Woodrow Communities Tequesta Agency,Inc. O--'L The Forbes Company The Keyes Company Realty,Inc. Joey A. Eichner The ReSource Group of N.A. The River House Restaurant Chairman Urban Design Studio Wackenhut Services,Inc. Walters/Gottlieb Partners,Inc. JAE/wp Water Club Associates,Ltd. Waterway Café,Inc. P 0 Box 33388 Palm Beach Gardens,FL 33420-3388 (561)625-6109—Fax(561)744-3975 % ebsite: ' .p,acorridnr.com—Email: a inacurridor.rom ge4., L 315-/61 C.Ty 6,,, cA L , e --'s. ; R ,mot 3y cde - c J ro Gl`1 fi+,h^e4 A. Frederick C. Prior 235 Ellamar Road West Palm Beach, FL 33405 March 3, 2009 Mayor and City Council City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Dear Mayor and Council: As organizing attorney for the City for Palm Beach Gardens in 1959 and a long time friend and employee of John D. MacArthur, I strongly believe that the proposed statue of John D. MacArthur should be located in a very prominent location within the City such as City Hall. I would respectfully urge you to reconsider your earlier decision to locate this important monument at Lake Catherine. Sincerely, � A// / J Frederick C. "Ted" Prior • r kac,'o(2. 3)5 C1 Ccvn L Mte6q . gem MTD }�t 4-(-S,-4 ' y (witl p.A011.10-,Q Tv ciyy Cd ope4l March 5, 2009 Mayor Eric Jablin �9` ° '1 . .� ., �� Vice Mayor David Levy Mayor Joe Russo �� 1959 %, Councilwoman Jody Barnett Palm Beach Gardens Councilman Burt Premuroso Historical Society 6231 PGA Md., Stine 104-181 Palm Reach Gardens,Florida,33418 Re: John D. MacArthur Statue On behalf of the Palm Beach Gardens Historical Society I respectfully request the reconsideration of the decision you made to locate the John D. MacArthur statue at Lake Catherine. We completely agree with the decision to honor the memory of the City's founder. However, we are extremely disappointed by your decision not to place such an important monument in a more prominent and significant location within the City. Not only do we agree with the sculpture's comments, which are attached to this letter, but also with the recommendation of our Art In Public Places Committee to locate this important monument at City Hall. To do otherwise would be to minimize the historical significance of John D. MacArthur's efforts in establishing our wonderful City of Palm Beach Gardens. We would urge you to reconsider your earlier decision. Respectfully Submitted, Donald K. elewski Chairman Palm Beach Gardens Historical Society Cc: Society Board Members Attachment: Letter from Zenos Frudakis, Sculptor The mission of the Palm Beach Gardens Historical Society is to collect, preserve and share the rich history of the City of Palm Beach Gardens Florida, for the education and enjoyment of current and future generations. • Zenos Frudakis,Sculptor, National Academician Frudakis Studio, Inc.,2355 Mt.Carmel Avenue,Glenside,PA 19038 Studio Phone: (215)884-9433 / Fax: (215)884-4717 website: www.zenosfrudakis.com email: RoFrudakiscaol.com February 11,2009 Charlotte Presensky Public Facilities Director City of Palm Beach Gardens,Florida Dear Charlotte, I believe the interests of all concerned with the John D.MacArthur sculpture project and my own are the same: that the statue be located in the best possible place befitting John D. MacArthur's status as founder and principal citizen of Palm Beach Gardens. Generally this means a statue should be placed in the most important and valuable public space,so its location reinforces the subject's importance.The location of a statue is commensurate to the importance and value that the city attributes to the subject. I have seen this principal repeated thousands of times all over the world.If the statue is to be valued,it is installed front-and-center,installed in a valuable place. If the statue is not valued or its subject not respected,it is placed in an out of the way location and marginalized. Because I thought it was important,I took the opportunity to fly to Florida at my own expense to look at locations for this sculpture.It is clear to me that the most important location is in the civic plaza area near City Hall. Where to place the sculpture on the plaza can be determined by the flow of people, public events and other factors the City would know and consider. Any other location—for example near a favorite tree,a lake in which he used to swim,a restaurant he frequented,or the place he bought his cigarettes,trivialize,marginalize and work counter to the entire intent of creating a monument to John D. MacArthur in the first place,that of drawing attention to his significance in the history of Palm Beach Gardens. An example I often use is that of the Lincoln Memorial.Part of its significance stems from the importance of its location.If instead of having been installed on the Washington Mall,it had been hidden in a suburban park, placed along Lincoln's favorite walking trail,or positioned where Lincoln liked to swim,it would not be considered nearly as important as it is.It is placed where it is deliberately,as a statement of Lincoln's importance to our country. This is my best judgment,both having studied how monuments are placed all around the world and as an artist with three decades of experience at choosing locations and installing public monuments of my own. Sincerely, Zenos`Frv4(pi R L 3/.c/O1 cin co..x L MLl2erij'. C'.u)9ies p i eQo_J i y I.ce. 13-444.0 ID ail C; ,iC 3)s-/aI Cil-ki Cam:wci L e-ct-nPk_ . 6e,p1er yuevi R'( L-cc tat ck.,,,-( Ta c f/C ,�.c:.f, C3 City Hall P , _ • liiii s4 . *.. . . • , r 0 wirL , a — 4 4„„ - i ' - 4 . ' • 4..i . ::);."t t • 4,Nrii d . ' ''' I-1::1 -41:., ,:•.: 1:11.-Z- ' ' 1 . .114:7 ' It'. I 2 rat �t -i li ~■ _.. " '.t $ r r - . i 03100.6-'14. " s "5 i - ti _ . , 3 4 5 6 Military Trail Side t . I 40 )40,.90.,,, , Ice, • " k 1 ' ' joirnifil. 10 ,,,,,,..... 4 .011110 'J - ..■ . . • 1 F. x• . �� ��� CAI CovruGt yLolC s'• C+�,pl u l'-�ovidb-C d3`t {c f31c�14vz( 7b cell Cyr vct c Of City Dog Park I , ,.. ,, , . v. ...,,,...,,,,_ _ , . --- , _____. _ „ r Y -710,r...,,,,_, $ 4 1: Hunter 2: Entrance-black dirt I !� � KT t '• • 3: 4: The area where everyone sits is all black dirt. 5: Resident sitting on bench surrounded by poop. 6: Poop Everywhere f . 9. , , , \ , , .......„ . . , ,, , Ail al 4.'.- '''': "-;"' , . , . ‘, % \\so, - ' ' 4 ••••- 1- .I -.‘N 1 <! City Pa rk/ P rki a g t 'W q S)• } \u ,.k Its. , n *1 i 4 lot . II> =� .. - 9 } ■ I _ -mss ..illIllIllIllIl , , . . _ w u; _�, , it 4. ' ■„ 4 j i ■ 1: Sign- no school parking 2: Not one open parking space at park. riirrit 10:00 Thursday Morning IA 1 -_• 3: Empty behind the baseball fields. Ru 7/1/01 C-+* C .fiuc,Z µt L n 2 f an-441. (3 y Yi . CITY OF PALM BEACH GARDENS 101 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698 March 05,2009 Mr.John C. Bills John C.Bills Properties, Inc. 3950 RCA Boulevard, Suite 5000 Palm Beach Gardens,Florida 33410 Re: Gardens Station PUD; Resolution 217,2004; Condition of Approval#29 Dear Mr. Bills: In response to your letter dated December 8, 2008, the Interim City Attorney drafted a memo regarding this matter to the City Council and me. A copy of same was also provided to your attorney, Mr. John Gary. The subject memo outlines the events leading up to the approval of the Gardens Station PUD and the City's subsequent acceptance of the off-site mitigation location. Based upon the recordings of the various city council meetings regarding Gardens Station and the plain language of Condition #29 of Resolution 217,2004 it is clear that$110,000.00 is owed to the City by the Gardens Station PUD. Without the City's knowledge, on January 8, 2008, PCN 52-41-42-01-000-3010 was sold to the South Florida Water Management District. The subject parcel includes the 1.62 acre mitigation site for the Gardens Station PUD. Therefore, since the property was sold on January 8, 2008, according to the terms of Condition #29, payment was due no later than April 7, 2008, 90 days following sale of the property. Payment of the subject$110,000.00 is nearly a year overdue. Upon becoming aware that the property had been sold, the City immediately informed you of your obligations as outlined in two separate letters, the first dated September 25, 2008 with a follow up letter dated December 4, 2008. You acknowledge receipt of the City's September 25, 2008 correspondence in your letter dated December 30, 2008. The City has been very patient regarding this matter; however, the taxpayers of the City of Palm Beach Gardens are entitled to payment in accordance with the conditions of your development order. Therefore, since it is apparent that you are unwilling to satisfy the conditions of your development order without being forced to do so, please accept this correspondence as the City's third and final demand for full payment. Failure to remit payment in full within thirty (30) days of the date of this letter shall result in the City pursuing any and all legal remedies necessary to collect this outstanding debt. Sincerely, Ronald M. Ferris, City Manager cc: Mayor and City Council Stacy Rundle, Assistant City Manager,Administration R. Max Lohman,Interim City Attorney Kara Irwin, Growth Management Administrator Patricia Snider,CMC,City Clerk 9Q,(,QQ 3/401-/0 i C&1 ( CAL Kt L rs, ?.,—o✓a.--( Tv G ✓,-c 1. 0V C-f +t11 0-∎O'I,t,( f 1 41,71,* 0 h `` CITY OF PALM BEACH GARDENS ,1'` 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698._:„..1 ‘,1! • ,.:,,,_,, ‘, :4„, __ March 05, 2009 Ms.Karen D. Geller,General Counsel Ram Realty Services 4801 PGA Boulevard Palm Beach Gardens, FL 33418 Re: Gardens Station PUD;Resolution 217, 2004; Condition of Approval#29 Dear Ms. Geller: I am in receipt of a copy of your letter, dated March 2, 2009, to R. Max Lohman, Interim City Attorney regarding Resolution 92, 2004 and the Borland Center's off-site mitigation property. The City has no desire to complicate matters or engender ill-will between Borland/Midtown, the Palm Beach Community Church and the City. However, based upon the recordings of the various city council meetings regarding the Borland Center PUD and the plain language of Condition #41 of Resolution 94, 2004 it is clear that$250,000.00 is owed to the City by the Borland Center PUD. Without the City's knowledge, on January 8, 2008, PCN 52-41-42-01-000-3010 was sold to the South Florida Water Management District. The subject parcel includes the 4.63 acre mitigation site for the Borland Center PUD. Therefore, since the property was sold on January 8, 2008, according to the terms of Condition #41, payment was due no later than April 7, 2008, 90 days following sale of the property. Payment of the subject $250,000.00 is nearly a year overdue. Upon becoming aware that the property had been sold, the City immediately informed you of your obligations as outlined in two separate letters, the first dated September 25, 2008 with a follow up letter on December 16, 2008. You acknowledge receipt of same in your letter dated December 30, 2008. The City has been very patient regarding this matter but is not inclined to forego seeking its remedies for 45 days. The taxpayers of the City of Palm Beach Gardens are entitled to payment in accordance with the conditions of your development order. However, in light of your request and in the spirit of cooperation the City is willing to delay taking substantive legal action regarding this debt for 30 days. Accordingly, the City demands full payment within thirty(30)days of the date of this letter. Failure to remit timely payment in full shall result in the City pursuing any and all legal remedies necessary to collect this outstanding debt. Sincerely, Ronald M. Ferris, City Manager cc: Mayor and City Council Stacy Rundle,Assistant City Manager,Administration R.Max Lohman, Interim City Attorney Kara Irwin, Growth Management Administrator Patricia Snider,CMC, City Clerk