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AGENDA
CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
TUESDAY, JANUARY ll, 2011 AT 6:00 P.M.
COUNCIL CHAMBERS
• CALL TO ORDER
• PLEDGE OF ALLEGIANCE
• ROLL CALL
• ADDITIONS, DELETIONS, MODIFICATIONS
• REPORT BY THE DIRECTOR OF PLANNING AND ZONING:
NATALIE WONG
• APPROVAL OF MINUTES: 12/14/2010
PLANNING, ZONING AND APPEALS BOARD
Regular Members:
Michael Panczalc
Randolph Hansen
Joy Hecht
Amir Kanel
Roma Josephs
Douglas Pennell
Charles Hathaway
Alternates •
Howard Rosenkranz (1 St Alt.)
Robert Savel (2°d Alt.)
1. Recommendation to City Council (Public Hearing)
CPTA-10-11-000019 - Text Amendment to the Capital Improvements Element
(CIE) - Ordinance 2, 2011
A City-initiated amendment to the Capital Improvements Element (CIE) of the City of
Palm Beach Gardens Comprehensive Plan providing updates to the CIE consistent with
the current City budget in accordance with Chapter 163.3177, Florida Statutes.
Project Manager: Richard Marrero, Senior Planner, rmarrero@pbgfl.com
Planning, Zoning and Appeals Board
January 11, 2011
2. Recommendation to City Council (Public Hearing)
LDRA-10-12-000036 — Amendment to the City's Land Development
Regulations providing for an Architectural Review Exemption — Ordinance
3, 2011
A City-initiated amendment to the City's Land Development Regulations to allow
a residential Planned Community Development (PCD) to apply for an
administrative exemption from the architectural review process for minor
architectural modifications under certain circumstances.
Project Manager: Martin Schneider, Planner, mschneidcr@pbgfl.com
3. OLD BUSINESS
4. NEW BUSINESS
5. ADJOURNMENT
In accordance with the Americans with Dasabilities Act and Florida Statute 286.26, persons with disabilities needing special accommodations to
participate in this proceeding should conXact the City Clerk's Office. no later than�.five days pr�iof� to the proceeding, at telephorae number (561)
799-4120 for asszstance; if hearing impaired, telephone the Florida Relay Service Numbers (800J 955-8771 (TDD) o�° (800) 955-8770 (VOICE),
for assistance. If a person decides to appeal any decision made by the Planning, Zoning and Appeals Board, Local Planning Agency, or La�zd
Development Regulations Commission, with respect to any matter considered at such meeting or- hearing, they will need a record of the
proceedings; and for such, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and
evadence upon whzch the appeal is to be based. Exact legal description and/or survey for the cases may be obtained from the files in dhe Growth
Management Department.
Common/pz agenda 011111
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1 CITY OF PALM BEACH GARDENS
2 PLANNING, ZONING AND APPEALS BOARD
3 REGULAR MEETING
4 DECEMBER 14, 2010
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I. CALL TO ORDER
The regular meeting was called to order at 6:00 p.m. by Chair Michael Panczak.
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
Members Present: Chair Michael Panczak, Vice Chair Randolph,Hansen, Charles Hathaway,
Joy Hecht, Amir Kanel, Douglas Pennell, Howard Rosenkranz (f rst alternate sitting for Roma
Downey) Robert Savel (second alternate sitting for Charles Hathaway %r item 1 and Amir Kanel
for item 2).
Members Absent: Roma Josephs.
Also Present: City Attorney R. Max Lohman; Director of Planning and Zoning Natalie Wong,
Senior Planner Richard Marrero, Planner Martin Schneider.
IV. ADDITIONS, DELECTIONS, MODIFICATTONS
None.
V. REPORT BY DIRECTOR OF PLANNNING AND-ZONING
reported on items approved by the City Council
at the December 2, 2010 and December 18, 2010 meetings.
VI. APPROVAL OF MINUTES
Charles Hathawav made a motion to approve the November,,9, 2010 minutes.
Dou�las Pennell seconded.
Motion passed 7-0.
VII. PUBLIC HEARINGS
Those preparing to give`testimony were sworn in.
2s Board members reported meetings with staff on both items. Charles Hathaway declared ex
29 parte communication on item i. Board members reported receiving citizen e-mails on item 2.
3o Citv Attornev Lohrnan directed the e-mails be incornorated into the record.
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1. Recommendation to Citv Council (Public Hearin�) —
PUDA-10-11-000026: Borland Center Electronic Marquee Si�n — PUD Amendment
A request by; The Borland Center for Community Enrichment for a Planned Unit Development
(PUD) Amendment for two (2) waivers to allow an electronic marquee monument sign at the
Borland Center (aka Midtown) PUD. The Borland Center PUD is 47 acres in size, and located
along the north side of PGA Boulevard between Gardens Square Boulevard and Shady Lakes
Drive.
Charles Hathaway recused himself, left the dais and filled out Form 8B. Second Alternate Robert
Savel was seated in his'place.
Presentation by: Donaldson Hearin�, Cotleur & Hearing, Inc.
Staff Presentation: Planner Martin Schneider.
Chair Panczak opened the public hearing.
Public Comment: Si�frido Yarela, 8725 Oldham Way, West Palm Beach; Janet Lan�e, 4 Old
Fence Road, Palm Beach Gardens; Tim Miller, 126 Via Santa Cruz, Jupiter.
Chair Panczak closed the public hearing.
Discussion ensued.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 1
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Randolph Hansen made a motion for denial of the waiver for the electronic marquee and approval
of the additional monument sign consistent with surrounding signage.
Amir Kanel seconded.
Motion passed 7-0.
Charles Hathaway returned to the dais and Robert Savel stepped down.
Chair Panczak declared a recess at 7:12 p.m.. The meeting resumed at 7:19 pm.
2. Recommendation to City Council (Public Hearin�) - QUASI-JUDICIAL HEARING
SPLA-08-01-000010: Steeplechase Research and Offce Center
A request by Sinergo Investments LLC, for a major site plan amendrnent to the Steeplechase
Planned Unit Development (PUD) to allow for the construction of a three-story 48,654 square-foot
office building. The subject site is located at the northeast corner of Steeplechase Drive and Beeline
Highway and is approximately 3.71 acres.
Amir Kanel recused himself, left the dais and filled out Form 8B. Second Alternate Robert Savel
was seated in his place. ��
Those preparing to give testimony were sworn in.
Presentation bv: Dodi Glas, Gentile, Holloway, O'Mahoney & Associates.
Staff Presentation: Senior Planner Richard Marrero. '
Chair Panczak opened the public hearing.
Public Comment: Steve Mathison, 5606 PGA Boulevard, Pa1m Beach Gardens; Patricia Leonard,
5168 Misty Morn Road, Palm Beach Gardens; Gloria Hakkarainen, 5090 Misty Morn Road, Palm
Beach Gardens; Matilde Lanier, 8300 Steeplechase Drive, Palm Beach Gardens; Timothy
Stieren, 5208 Misty Morn Road, Palm Beach Gardens; Arlene En�lander, 5710 High Flyer Road;
Palm Beach Gardens; Jon Rubin, 5122 Misty Morn Road, Palm Beach Gardens; Thomas E.
Armer, 5355 Sea Biscuit Drive, Palm Beach Gardens; Paul 1Vlarro, 5569 Sea Biscuit Road, Palm
Beach Gardens; Nancy Cohen, 5089 Misty Morn Road, Pahn Beach Gardens; Max Byrd, 8553
Man o' War Road, Pal�n Beach Gardens; Paul `Poulos, 7656 Steeplechase Drive, Palm Beach
Gardens.
Chair Panczak closed
Discussion ensued.
._ „ • �
Motio
Amir
IX.
None.
X.
None.
a motion>�to�
6-1 with
to the
NEW BUSINESS
,��
ht dissenting.
and Robert Savel stepped down.
(The Yemainder of this page intentionally left blanlz.)
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
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XL ADJOURNMENT
Chair Panczak adjourned the meeting at 8:51 p.m.
The next regular meeting will be held January 11, 201 l.
APPROVED:
Michael Panczak, Chair
Randolph Hansen, Vice Chair
Joy Hecht
Amir Kanel
Roma Josephs
Cha
ATTEST
;las Penneil
�es Hathawa
Donna M. Cannon
Municipal Services Coordinator
Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the
meeting.
All referenced attachments are on file in the Office of the City Clerk.
Note: All those preparing to give testimony were sworn in.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
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CITY OF PALM BEACH GARDENS
PLANNING, ZONING, AND APPEALS BOARD
Agenda Cover Memorandum
Meeting Date: January 11, 2011
Petition No. CPTA-10-11-000019
Ordinance 2, 2011
SubjectlAgenda Item:
Ordinance 2, 2011: Text Amendment to the Capital Improvements Element (CIE)
Public Hearing and Recommendation to City Council: A City-initiated request for
the adoption of amendments to the Capital Improvements Element (CIE) of the City of
Palm Beach Gardens Comprehensive Plan to update the CIE to be consistent with the
current City budget in accordance with Chapter 163.3177, Florida Statutes.
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: Finance: PZAB Action:
Dire or �f P,lanning & Planning & Zoning: Deputy Finance [] Approved
Zo� j%/ :' Administrator
�r Pro�ect Manager [] App. w/ conditions
' ,+. ; �t�R , f� " �� ,
� [ ] Denied
atali . Wong, AICP ��'`,�`,i��,;�� ��'��� ��`Uv``�� [] Rec. approval
Richard��'. Marrera Mary Anderson [] Rec. app. w/ conds.
City Attorney
Senior Planner [ ] Rec. Denial
Funding Source: [ ] Continued to:
R. Max Lohman, Esq. [] Quasi — Judicial
[X] Legislative [ ] Operating
Resource Manager
[X] Public Hearing [X] Other NA
` V�,�� Attachments:
� Advertised: Budget Acct.#:
All son Black [X] Required NA • Ordinance 1, 2010
Y • Five Year Projection
Date: 12.312010 . CIE Support
Paper: Palm Beach Document
Post • Resolution 33, 2010
Approved By: . Resolution 1, 2010
City Manager • Resolution 102, 2009
• Resolution 80, 2009
• Resolution 94, 2005
Affected parties: . Ordinance 4, 2001
Ronald M. Ferris [] Notified • School concurrency
[X ] Not Required service area report
• Ordinance 2, 2011
Meeting Date: January 1 1, 2011
PetiCion No. CP'I'A-10-11-000019
Ordinance 2, 20l 1
EXECUTIVE SUMMARY
The proposed petition is a City-initiated request to update the Capital Improvements
Element (CIE) to the City's Comprehensive Plan. The Five-Year Schedule of Capital
Improvements and Summary of Capital Improvements Program, Tables 9A and 9B of
the CIE are required to be updated annually in accordance with Florida Statutes.
BACKGROUND
The City is required by Chapter 163 of the Florida Statutes to maintain an updated
Capital Improvements Element. Furthermore, staff must include the Five-Year Schedule
of Capital Improvements which is needed to implement the Comprehensive Plan, and
ensure that adopted Level of Service (LOS) standards are achieved or maintained. Staff
is also required to analyze the general components of the schedule, which include fiscal
responsibility and identification of proportionate fair share projects for transportation.
SUMMARY OF PROPOSED CAPITAL IMPROVEMENT ELEMENT AMENDMENTS
Table 9A: This Table has been updated to be consistent with the current Capital
Improvement Plan. (Included within Ordinance 2, 2011 as Exhibit "A")
Table 9B: This Table has been updated to support Objective 9.1.4 concerning Palm
Beach County School District Level of Service (LOS) and proposed school construction
schedules.(Included within Ordinance 2, 2011 as Exhibit "B")
STAFF ANALYSIS
Staff analyzed the following additional requirements of the annual CIE update and the
consistency with the City's, County's and State's Comprehensive Plans, and the
Strategic Regional Policy Plan.
Fiscal Responsibility
The City is required to provide the revenue sources that will be used to fund each
project and supporting data must demonstrate that sufficient revenues are currently
available or will be available from committed funding sources for projects included in the
first three years of the schedule. Staff has indicated the funding sources as part of the
schedule (Table 9A). The attached Five-Year Projection illustrates that the City
maintains excess revenues for every year within the planning period. Those projects
funded by expected funding sources (such as ad valorem taxes) are identified as being
funded by general funds or impact fees and have been demonstrated to be financially
2
Meeting Date: January 1 l, 2011
Petition No. CPTA-10-ll-000019
Ordinance 2, 2011
feasible.
Proportionate Fair Share
The City is expected to identify any project that utilizes a proportionate-share process
with regard to transportation concurrency. The Scripps Florida Phase II/ Briger
Development of Regional Impact (DRI) Proportionate Share Agreement was approved
April 1, 2010, through the adoption of Resolution 102, 2009 (please see attached). At
this time, the City has not identified any improvements included within the Proportionate
Share Agreement that are proposed within the first three (3) years of the five (5) year
Capital Improvement planning period. However, Table 1 below identifies the
improvements slated to occur during each phase of development. Please be advised
that in accordance with Chapter 163.3180, Florida Statutes, a Proportionate Share
Agreement has been adopted by the City Council along with the Scripps Florida Phase
II/ Briger Tract Development of Regional Impact (DRI). Table 1 below identifies the
concurrency improvements that are slated to occur as each phase of development
commences.
Table 1
--- _........._ __ � _
_.._..
Proportionate Sharc Payment due at ^__, Net Cum. Trips by Phase____ Prioritized Altocation of Pro nrHonate Share Pa mer�ts
_._....
� Start of Phase __ AM Peak PM Peak Responsible EsHmated
Phase Lester Count Total Leste� Total Lester Total _ Mobility Lr�provements by Phase __ A enc _ Cost
1 $354,779� Note 2 $439,903 1,2(kt 1,3G9 2,036 Z,ll4 17onald Rass Rd from I-95 ro Heights Blvd
(widen, add 3rd SB left and 3`� WB left at I-9S SII COiJNT'Y $6,000,000'
2 $4,182,614� Note 2 �5,245,315 1,993 2,397} 2,761 3,089 ramis intecsectiou)
3 $7,47G,413� Note2 $9,37,5,988 2,546 3,176 3,279 3,778 TurnpikeInterchangeImprovements A �E $1,500,000"
(Ludiautown Rd or PGA BI)
'Pro11ey/Circulator Systcm CI1'Y $750,000"
Hood Rd fiorri Yarksidc Dr to Central Bl COUNTY $1,500,000�
(41ane wideuing)
Central BllHood Rd Intersecqou Iruprovetnents COTJNTY $1,000,000�
(Add cxd. right aud 2nd left to N/S Approaches)
Centcal BI/PGA Blvd Interseetion Impravements 3
(Add'1"� SB fcfr and 2id SB nght) COUNTY $2,500,000
i
'I'rolley/Cuculator System CITY $811,206"
Lidiantowu KcUl-9S Interchauge FDOT �I,000,000°
_ (signalize/extend EA left hun lane)
_._. _..._. _..�. _..._.. ....___
4 �5,697,338� Note2 $7,144,893 3,877 5,361 4,380 5,528 Trolley/CirculatorSystem CITY $2,500,000'
Canstruct Pazk & Ride I,ot (within shidy area) PD01' $1,500,000'
lntersectionTmprovements5 COtJNTY $3,144,8936
$17,707,243 54,498,956 $22,206,099
Notes: L Actual proportionate share payment for the Lester Property n�ay be adjusted by the escalaror clause in paragraph 2.6 and may be reducu3 by the amount of road impact fees paid to Palm
Beach County through the due date for [he proportionale share payment pursuant to paragraph 4.B.
2. Palm Beach County will meke the Advance Payment of $6,0OO,ODO, which may be adjusted 6y Ihe escalatot clause in paragraph 2.C. Davelopment on tlie County Pruperty will be
reqaired to make County Property Nee payments priur to cach building permit issued in the unount of 52.82 per square foot or as adjusted 6y paragraph 4.C.
3. 7'he Acmat cost of these improvements will be used to detemvne the exact amount disb�used to the County.
4. These Estimated Cos4s will be adjusted by the escaletor pereentage applied to the [.ester phase 3 arid 4 prop share pa}�nents to detennine die exact amount disbursed to each entity.
5. Phese 4]ntersection Improvements may include: a) DonalA ft.oss Rd/Central Blvd; b) Donald Ross Rd/Military Trait; c) Donald Ross Rd/SR 81 I
6. The F.stimated Cost shull be adjusted to be the to[al proportionate shaze payment for the Project after escalator adjus[tnents, including any accrued interest in the Pruportionttte Shaze 9Yust
Account, less the monies allocuted for all othcr improvements in Table I.
3
Meeting Date: .ianuary I 1, 201 I
Petition No. CPTA-10-11-000019
Ordinance 2, 2011
Summary of De Minimis Records Report
Pursuant to Section 163.3180 (6), Florida Statutes, the City is required to submit a
summary of de minimis records to the Department of Community Affairs (DCA) with the
annual CIE update. The summary should include the definition and approval process of
developments having de minimis impact; existing conditions and deficient road links; de
minimis trip activity on all applicable road links; and planned improvements included in
the City's CIE that resolve any existing deficiencies.
The City's code allows specific projects to be exempt from traffic concurrency under
certain conditions. However, the current City regulations do not permit the exception of
concurrency based on de minimis impacts. None of the land development projects
within the City over the last year were granted a traffic concurrency approval through an
exemption based on a de minimis determination.
Adoption of Projects by Reference
Pursuant to Section 163.3177 (3)(a) Florida Statutes, Section 163.3180(13)(d)1 Florida
Statues, and Section 163.3177 (6)(c), Florida Statutes, the City is required to adopt
specific FDOT/MPO, School District and Water Management District (WMD) projects by
reference if the City is relying on these projects to ensure concurrency. Additionally,
staff must also include by reference the adopted Palm Beach County School Board 5-
Year Facilities Plan and attach the concurrency service area report of the County's 5-
Year Facilities Plan for schools serving Palm Beach Gardens. Staff will include by
reference any FDOT/MPO projects specific to meeting City concurrency. At this time,
staff is unaware of any FDOT/MPO projects that are specific to meeting traffic
concurrency.
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN
The proposed CIE amendment is consistent with the Goals, Objectives and
Policies contained within the City's Comprehensive Plan. These changes
described below provide for internal consistency between the amended CIE and
the City's Comprehensive Plan.
0
Meeting Date: January l l, 2011
Petition No. CPTA-1 0-1 1-0000 1 9
Ordinance 2, 2011
Transportation Element:
OBJECTIVE 2.1.1.: TO MAINTAIN ADOPTED LEVEL OF SERVICE (LOS)
STANDARDS ON THE CITY'S TRAFFIC CIRCULATION SYSTEM.
Staff Comment: Table 9A of the CIE proposed amendment describes several roadway
links to be constructed or signalized within the next five (5) years to maintain the City's
LOS as growth occurs. Table 9A identifies the following developer funded
improvements slated to occur within the next 5 years:
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Traffic Signal at Hiatt Drive: Developer funded as required by Resolution 94,
2005 (please see attachec�.
Grandiflora Road West of Central Boulevard to Parkside Drive. The proposed
improvements will be developer funded as required by Resolution 1, 2010
(please see attachec�.
3. Parkside Drive from
improvements will be
(please see attachec�.
Donald Ross Road to Grandiflora Road: The proposed
developer funded, as required by Resolution 1, 2010
4. Eastbound right-turn lane at the intersection of ALT A1A/ RCA Boulevard:
Developer funded as required by Ordinance 4, 2001 (please see attachec�.
5. Installation of a traffic signal at Victoria Falls Boulevard and Military Trail:
Developer funded as required by Resolution 33, 2010 (please see attachec�.
6. Installation of a traffic signal Prosperity Farms Road and Flamingo Road:
Developer funded as required by Ordinance 4, 2001 (please see attachec�.
Recreation and Open Space Element:
Objective 7.1.1.: PROVIDE OPEN SPACE AREAS, AND ACTIVE AND PASSIVE
RECREATION FACILITIES AND AREAS FOR RESIDENTS OF PALM BEACH
GARDENS IN A TIMELY MANNER SO AS TO COMPLY WITH THE LEVEL OF
SERVICE (LOS) STANDARDS SET FORTH BY THIS ELEMENT AND TO MAINTAIN
SUCH COMPLIANCE IN SUBSEQUENT YEARS.
Staff comment: The proposed amendment fulfills the objective to provide Recreation
and Open Space by defining the year of the construction of certain infrastructure.
Future Land Use Element:
GOAL 1.3.: CONTINUE TO PLAN FOR FUTURE NEEDS TO PROMOTE LIVABLE
COMMUNITIES, INCLUDING, BUT NOT LIMITED TO, ECONOMIC DEVE�OPMENT
�
Meeting Date: January 11, 20] 1
Petition No. CPTA-l0-11-000019 _
Ordinance 2, 2011
FOR BIOSCIENCE USERS, TRANSIT ORIENTED DEVELOPMENT, AND OTHER
EFFORTS TO PROMOTE SUSTAINABLE GROWTH.
Staff comment: The proposed amendment fulfills the objective by promoting bioscience
development and transit oriented development planning principles by identifying
improvements slated to occur within the five-year planning period.
Public Safety Element:
OBJECTIVE 10.1.2.1: THE CITY SHALL PROVIDE THE FOLLOWING RESPONSE
TIME THAT HAS BEEN ESTABLISHED BY PALM BEACH GARDENS FIRE RESCUE
ACCORDING TO A FRACTILE STANDARD ESTABLISHED DURING ITS
ACCREDITATION PROCESS:
1. THE CITY SHALL PROVIDE AN INITIAL EMERGENCY FIRE AND RESCUE
RESPONSE TO ALL OF THE URBAN SERVICE AREA IN SIX MINUTES
THIRTY SECONDS OR LESS. THIS RESPONSE TIME INCLUDES THE
FOLLOWING PROCESSES: 911 CALL, ALARM AT FIRE STATION, DEPLOY,
AND TRAVEL TIME.
2. THE RURAL SERVICE AREA SHALL
RESPONSE TIME.
HAVE AN EIGHT (8) MINUTE
OBJECTIVE 10.1.2.2: THE CITY SHALL MAINTAIN AN ACCEPTABLE POLICE
SERVICE STANDARD INDEX NOT TO EXCEED 1,000 CALLS PER PATROL
OFFICER PER YEAR TO SERVE THE URBAN AREA. A COMMUNITY ORIENTING
POLICING PHILOSOPHY SHALL BE UTILIZED IN THE URBAN AREA. THE CITY
SHALL SUPPORT A BALANCE BETWEEN RESPONSE TO INCIDENTS AND
PROACTIVE PATROLS.
Staff comment: The proposed amendment fulfills the objective to provide emergency fire
rescue and police response by defining the year of the construction of certain
infrastructure that facilitates those objectives.
CONSISTENCY WITH PALM BEACH COUNTY COMPREHENSIVE PLAN
The proposed CIE amendment is consistent with certain Goals and Objectives
within the Palm Beach County Comprehensive Plan as demonstrated by the
following listed examples from that Plan:
�
Meeting Date: January 11, 20] l
Petition No. CPTA-IO-I 1-000019
Ordinance 2, 2011
Transportation Element Goal 1. A Level of Service
It is the GOAL of Palm Beach County to provide an interconnected multimodal
transportation system which moves people, goods, and services in a safe, efficient,
convenient and economical manner with minimal adverse impact to the environment.
Staff Comment: The proposed CIE amendment is consistent with Palm Beach County's
goal. The CIE defines the year of the construction of certain roadway segments which
allow the City and County to meet LOS while having the development community pay its
pro-rata share.
Capital Improvement Element Goal 1. Uses of the Capital Improvement Program
It is the GOAL of Palm Beach County to utilize a capital improvements program to
coordinate the timing and to prioritize the delivery of public facilities and other capital
projects; a program that supports the growth management Goal, Objectives and
Policies of the Palm Beach County Comprehensive Plan and encourages efficient
utilization of its public facilities and financial resources.
Staff Comment: The proposed CIE amendment will allow the City to coordinate with the
County on the timing of facility, infrastructure and service improvements.
CONSISTENCY WITH THE STRATEGIC REGIONAL POLICY PLAN
The proposed CIE amendment is consistent with the overall Treasure Coast
Regional Planning Council's Strategic Regional Policy Plan as demonstrated by
the following listed goals:
Regional Goal 7.3 — Reduce vulnerability to disasters and increased public safety.
Staff Comment.� The proposed CIE amendment includes the scheduled construction of a
City thoroughfare roadway. The proposed CIE also has identified a schedule for certain
public safety improvements to improve the Police and Fire Departments.
Regional Goal 5.1 — Lives and Property which are less susceptible to disasters.
Staff Comment.� The proposed CIE amendment includes scheduled debt payments for
improvements to the City's drainage system that will reduce the number of high water
and flooding incidents.
7
Meeting Date: January 11, 2011
Petition No. CPTA-10-I1-000019
Ordinance 2, 2011
CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN (CHAPTER 187,
F/orida Statutes)
The proposed land-use amendment is consistent with the overall intent of the
State Comprehensive Plan. The following State Goals and Policies are specific
examples of that consistency:
Public Facilities — Florida shall protect the substantial investments in public facilities
that already exist and shall plan for and finance new facilities to serve residents in a
timely, orderly, and efficient manner.
Staff Comment.� The CIE amendment is consistent with the State's public facilities goal
because the City has developed and will implement a schedule of public facility and
infrastructure needs which includes the anticipated financing sources.
Transportation — Florida shall direct future transportation improvements to aid in the
management of growth and shall have a State transportation system that integrates
highway, air, mass transit, and other transportation modes.
Staff Comment: The proposed CIE amendment has scheduled the construction of the
extension of Grandiflora Road and Parkside Drive within the Briger Development of
Regional Impact (DRI).
NEARBY LOCAL GOVERNMENT COMMENTS/OBJECTIONS:
On December 15, 2010, the Palm Beach County Intergovernmental Plan Amendment
Review Committee (IPARC) was notified of the proposed amendment. No objections
have been received to date.
STAFF RECOMMENDATION:
Staff recommends APPROVAL of Petition CPTA-10-11-000019.
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ORDiNANCE 1, 2010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA ADOPTING AN AMENDMENT TO ITS
COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH
THE MANDATES SET FORTH IN SECTIONS 163.3177 AND
163.3187, ET SEQ., FLORIDA STATUTES, PURSUANT TO A CITY-
INITIATED AMENDMEN7 WHICH PROVIDES FOR THE ANNUAL
UPDATE TO THE F1VE-YEAR CAPITAL 1MPROVEMENTS
SCHEDULE WITHIN THE CAPITAL IMPROVEMENTS ELEMENT,
INCLUDtNG REVISED TEXT NECESSARY TO UPDATE TABULAR
DATA IN THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING
THAT THE TEXT AND DATA, AS AMENDED OR REVISED, SHALL
BE SUBSTITUTED FOR AND REPLACE THE EXISTING TEXT OR
DATA IN THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING
FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY;
PROVIDING A CONFLICTS CLAUSE, A SEVERABIUTY CLAUSE,
AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
23
24 WHEREAS, the City Council adopted the City of Palm Beach Gardens
25 Comprehensive Development Plan an January 4, 1990; and
26
27 WHEREAS, the City Council adopted Ordinance $, 2005 on June 16, 2005,
28 which required an annual update of the Five-Year Schedule of Capital Improvements;
29 and
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31 WHEREAS, Policy 9.1.1.1. of the City's Comprehensive Development Plan
32 requires all capital facility projects (renewal and replacement) needed to achieve and
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maintain the adopted level of service and which are over $50,000 in estimated costs to
be included in the Five-Year Schedule of Capital Improvements; and
WHEREAS, the City Council has determined that it is necessary to repeal Table
9A & Table 9B of the Capital Imp�ovements Element and readopt same, as revised, in
order to update the Capital Improvements E{ement consistent with Poficy 9,1.1.1. and
Ordinance 8, 2005; and
WHEREAS, on December 8, 2009, the Planning, Zoning, and Appeals Board,
sitting as the Local Planning Agency, recommended approval of this amendment to the
Capital Improvements Element of the Comprehensive Plan by a vote of 7-0; and
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WHEREAS, the City of Palm Beach Gardens has held
hearings and has received public input and participation throug
the Local Planning Agency and the City Council in accordance
et seq., Florida Stafufes; and
Ordinance 1, 2010
all duly required public
h public hearings before
with Section 163.3184,
WHEREAS, the City Council finds that this amendment is consistent with the
City's Comprehensive Development Plan; and
WHEREAS, the City Council desires to adopt the amendment to the current
Comprehensive Development Plan to guide and control the future development of the
City, and to preserve, promote, and protect the public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The Capital Improvements Element of the City's Comprehensive
Plan is hereby amended by repealing Tables 9A and 9B and readopting same as revised;
providing that Tables 9A and 9B shall hereinafter read as follows:
TRANSPORTATION
Table 9A
CITY OF PALM BEACH GARDENS
FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS
CAPITAL IMPROVEMENTS ELEMENT
(This replaces the old Table 9A)
Tra�c Signal-Gartlens Parkway & Kew Gardens Dr.
Gar Forward $396,000 Im act Fees
Tra�c S nal-H att Dr.-PriorYear ca Forward $114,000 Develo r
Traffic Si nal-Kew GarcJens Minsk Gardens Blvd $ 500,000 Im act Fees
Tra�c Signal-Fairchild Gardens Dr, @ Fairchild
Avenue $ 500,000 Im act Fees
Traffic Si nal-Milita Trail Johnson Dai Road $ 500,000 Im act Fees
Traffic Si nal Installation $ 500,000 Im act Fees
Kyoto Gardens Drive Extension•Prior Year Carry
Fonvarcl $66,000 �m act Fees
Bridge Refurbishment Pr ram $299,000 $399,000 3449,000 $449,000 $449,000 Gas Tax
Traffic signal-PBG High Schoal l ilac St. - Carry
Forward $357,000 Im act Fees
Bums Road Debt Pa ments $691,700 $699,400 $700,500 $699,890 $698,060 Im act Fees
Grandiffora Road West of Central to Paricside Dnve - $1,325,OOD Develo r
Parkside Ddve from Donald Ross Road to
GrandiFlora Road - $3,332,000 Deveb r
Resu�facelReconstruction Pr ram $175,000 $230,000 $230,000 $230,000 Gas Tax
Gardens Drive Turn Lanes - $500,000 Im act Fees
]'otal $ 2,098,700 $ 1,328,400 $ 7,036,500 $ 1,878,890 $ 2,147,060
POLIt
Ordinance 1, 2010
Generai
Radio/Receiver/Transmitler - Weshvard Ex ansion - $450,000 Fund
General
Police Vehicles $120,000 $50,000 $50,000 $60,000 $110,0�0 Fund
Genera�
Portable Tra�c Control L' hts - - $125,000 Fund
Emergency Operations Center Project-Prior Year
Ca Forward $3,413,000 im act Fees
General
OSSI Auto Vehicle Locator AVL - $165,000 - Fund
Radio Covera e for Wesiwarci Ex ansion - - $250,000 Im act Fees
Land & Im rovements - - $500,000 $250,000 Im act Fees
FIRE RESCUE
DRAINAGE
rotai $3,533,000 $215,000 $550,000 $i,010,000 $235,000
Generai
Extrication E ui ment - $125,000 Fund
Extriration E ui ment $50,000 Im act Fund
General
Life Pak U rade $94,000 Fund
General
Fire En ine Re lacement P ram $383,000 $440,450 $44Q,450 Funtl
General
SCBA E ui ment • $150,000 Fund
Sho E ui ment - Im act Fees
F.S. #2 - Concrete Pad RepiacemenUlnstall General
Humcane Shutters - $60,000 Fund
Total $433,000 $715,450 $440,450 $0 $150,000
�eneral
Stormwater Debt Payments $369,200 $368,400 $367,000 $369,800 $366,985 Fund�
PUBLIC FACILIYIES
�TII;fi�
Total $369,200 $368,400 $367,000 $369,800 $366,985
General
Re lacement of Front-end Loatler $230,000 Fund
General
Re lacement ol Backhoe $125,000 Fund
Purchase 16 d. Dum Truck $100,000 Gas Tax
Fieet Maint.
Fire Rescue Unit - Re lacements $195,000 $195,000 Fund
rotai �o ��s5,ouo $o $�s5,000 �a5s,000
RECREATION
General
Gardens Park Renavations - $135,000 Fund
Generai
Lakesitle Pavilion - $125,000 Fund
Generai
Plant Drive Roiler Rink Re lacement - - $150,�00 Fund
Aquatic Complex - Shade Structure/Umbre�ias General
Re lacement - $75,000 Fund
General
Pla round Re lacement Pr ram - - $150,000 Fund
General
Skate Park Ram Re lacement - - $100,000 Fund
PGA Paric Construction-Prior Year Car Forward $1,400,000 - Im act Fees
General
Mirasoi Park Renovation - $195,000 Fund
On Course Restrooms $300,000 S cial
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Ordinance 1, 2010
Revenue
Special
CartBamRe lacement $150,000 Revenue
PlanUlilac Park Ex ansion - $500,000 $800,000 Im act Fees
Generai
S ra Pla round Refurbishment - $100,000 Funtl
General
Resurfacin of Com tition Poo! - $200,000 Fund
Tennis Center Clubhouse Ex ansion - - $1,000,000 Im act Fees
Lilac Park Phase III-Prior Year Ca Fonvard $271,000 im act Fees
Lilac Park Phase IV FRDAP Grant $400,000 im act Fees
PGA Park Phase III-Prior Year Car Fonvard $7,500 Im act Fees
Ci Park Phase ill FRDAP GRANT $400,000 Im act Fees
Generai
Gardens Park S rts L' hti - $1,360,000 Fund
Generai
RYEC Room 10 Floor Re lacement - $50,000 Funtl
General
RYEC Exterior CourUPia Area $50,OOQ Fund
General
Tennis Center RenovatedlCourt Resurfacin $75,000 Fund
General
Mowers forAthletidCommon Areas $65,000 fund
General
Gardens Park Backsto and Fencin $60,000 Fund
General
Oaks Perk Pla round $150,000 Fund
General
Self Loadi Gra le Truck $150,000 Fund
General
ir ' ation Pum Station - Bums Road $100,000 Fund
Totai
Grand Total All Elements
$2, 628, 500
$9,062,400
$375,000
53,197,250
$1,345,000
$9,738,950
$1,150,000
$4,603,690
$3,020,000
$6,374,045
Table 9B
CITY OF PALM BEACH GARDENS
Summary of Capital Improvements Program for Palm Beach County School Board
Adopted on September 09, 2009
(This replaces the old Table 9B)
(Table 9B on the following pages)
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Summary of Estimated Revenues for Fiscal Years
2010 - 2014
FY FY FY FY
Estimatad Rsvenue Prior Ywr Revtnue Plao Yean 20'10 2011 2012 20U
co a os
COBI Bonds
PECO Bonds - Const
2.027,924
3.794,778
1.877.640 1,871,640 t,B71,640
11,00�,OOD
442,537
1,871,640
�.7b2,989
8,092,313
'11.726.942
Local Sources
Spedal MJlage (iS mi) 281,547,220 1,028�,964;760 212,964,760 197,109,735 200,524,718 205,802,918
Special Miilega Discretionary 1(.098 mii) for FY10 and
FY» 129,940,�33 73,973,658 12,677,797 33,420,786 34,3D0,486
SpeGai Miliage Oiscrctionery II (.25 m�7)' 68,345,549 35,494,027 32,851,523
Cartyovet 719,621,454 138,140,201 82,000,266 28,000,594 27,168,2q0 465,649
ImpactFees 2,719,356 13,698,550 2,739,310 2,739,310 2J39,310 2,739,370
Inte�estincome 78,752,697 i8,000,000 2,500,000 3,000,000 3.500,000 3,500,000
OtherRevenu� Sources
COPs Ptoceeda _
FEMA Mitigation Grant 2,149,356
RAN Praceeds 72,202,807 55;826;022 55,826,022
RetererWum t00,�Oq225 151,723,000 90776,000 60317000
Subtntal Other Revenue Sourees p�,452 98! 206�949 022 166 6D2 022 60 347 000
TOTAL REVENUES 1 234 605 351 1 66� 941 1�7 503 573 457 35l,462,3b3 277,217 542 268 535 �OS
'Requires super majority vote
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Summary of the Capital Improvement Program for Fiscal Years
Construction
Hope-Centennial Elementary (06-0)
JuD�m� Farma Mkidle (03-NN)
Adareh Pointe Elememary (03-X)
North / Gerdens Area Elemenfary (04-A)
Pahokee Area Middle (03-MM)
Pine Jog EnvironmenGl Elementery (03-Y)
Plumosa MSOA (0311)
Riviara Beach High (02-MMM)
Sout�west Area Elementary (05-C)
Sunsef Palm Elementary (O7-Z)
West Cenhal Community Elementary (03-V
West Palm Beach Area Middle (04-00)
I: (P.7
Ailamanda Ekmenlary
Barton Elementary
Berkshire E�ementary
CO Taybr Elementary Modernization
DO Eisenhower Elementary Modemization
Forest Park Elementary Modemiza6on
Futuro School Modemizations
Gala7ry Elementsry
Glade Vrow Elementery Modernization •
Gold Coast Community School
Gova Elementary Modemization '
Hagen Road Elementery
lviaster Planned Glades Schaol
NoHh Palm Beaeh Elementary
NoAhbom ElemenWry
Palm Bearh Gardens Elementary Modamization
Paim Beach Gardens High Modernization
Plumosa K-5 Elementary
ftoAing Green Elementary Modemization
ftoosevelt Full Service MalernizaYan
Royal Palm School Modemizatlon
Sunwast Niph School
Trensportation Compound (SouN)
TranSportation (VJest Central)
West Area Educafion Complex Modemization
Westward Elementary Modernization
Total
J1.780.842
69,000,000
21,302,359
46,000,000
37,298.466
36,868,640
T6,000,000
86,754,341
47, 787.230
29,334,203
27,37B,116
69,000,000
2010
31,780,842
21,302,359
37,298,466
36.868,640
2,500,000
1.787,230
29,33i,203
27.378,116
2010 - 2014
Plan Yean � 2010 2011 2012 2013 2
Sa0,000
ti7S GtlZ,797 77S7,6Z7 H66 SOO;U00
26,676.209 26,676,209 -
32,190,210 32,790,210 -
28,256,135 28,256,135 -
4�,122,483 43,122,49J -
27.344,7H7 27,341,787 -
30,283,>61 30,283,767 -
975,000 150,000 825,000 225,D00 150,000 150,000
32,971,715 - 32,971;715 3.181.987 - 29.789,128
49,OOD,000
29,488,378
34,250,000
33,859,408
33,409,133
27,238.962
�os,szz,eaa
30,744,290
25,554,724
56,000,000
43.792,283
91,547,495
13,000,000
28,000,000
7.914.043
31,992,878
" May be impacted by the outcome ot the Master Plan io the Glsdes
29,488,378
33,009,'139
27,238,962
105,522,848
30.794190
25.654.724
43,192,283
97,541,495
70,064
1,006,211
914.049
31.992.878
34,2b0;000
2,850,452
400,000
3.437,987
400.000
t,000.000 i,000,000
2,800.000
6,096,667 8,238,974
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30,878,013
fF�B
150,000
2,850,452
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Summary of the Capital Improvement Program for Fiscal Years
Banyan Croek Elemeniary Additlon
Beile Giatle Elementary Addition Pro-K
Bnnoist Farms EJementary Prc-K
Boca Raton High Career Academy
8oca Raton High Stadium
Boca Raton Niph Swimming Pool
8oynton Beach High Academy
Canai Point Ebmentary Brick Replacement
Carver Middle Add'dbn
Carver Middle Corc AddRbn
Cholee lake Elementary Pre-K
Citrus Cove Elementary Addition
Ciassroom Techndogy Projects
Covered Walkways
Crestwood Middle Ciassroom 3 Core Additlon
Cypress Tra�s Elemenbry Brick Replacemant
Del Prado E�ementary Brick Reptacement
Ed Plant Survey 3 Facility Conditbn Assessment
Energy Conservallon (Green) LEED
Pulton Hdland Wmtlow Replacement Projea
Giadea Centrs� High Academy
H.l. Johnson Elementary Addition
Indian Pines Elementary Pre-K
JF Kennedy Middle AtMetic Fields
Jupiter Middle Classroom Addition
Jupiter Middle School Renovatlon
Jupiter Old Elementary
lake Worth HiBh Teacher Academy
lake Worth Middk AtldiNon
Lake Worth Middie Core Addition
Maintenance Compound (South)
Malntenance Compound (West)
Maintenance Compound (West Central)
Manatee Etementary
Okeehee�ee Middle Addition
Olympic Heights High Teacher Academy
Pahokee Elementary
Pahokee High Remodeling
Pahokee Hgh Stadium
Palm 8eacb Lakes High Addition 8 Academy
Relocatables and Modulers Purchase
Roosevelt Middie
Sabal Palm School Renovation
Schooi Food Services Build-Out
ToWI 2010
i 1,758,451
7.827.638
4,001,632
20.401.322
10,515,571
3,911,548
70,630,590
750,000
10,096,859
7,500,000
2.101.529
74,022,535
16,500,000
'I6,000,000
14,047,942
750.000
750,000
t,978,600
7,250,000
7.768,357
8,995217
16,721,2'13
2,225.091
2,3�0,000
2,660,390
1,500,000
8,635,607
677,774
8,441.627
1,500,000
6,000,000
1,000.000
t,596,557
15.809,357
9.319,712
1.078,340
2,452,683
3.817,988
13.223,423
14.521,190
5.500.000
10,892 B96
2,015,858
5.6'17,408
11,)58,451
7.282.638
4,001,832
24,407.322
10,515,571
850,000
10,630,590
10,098,859
2,101,529
14.022,535
1,SOO,OOU
1,806,510
48,600
7,448,357
8.995,277
16,721,213
s,�as,os�
2,271.937
2010 - 2014
FY FY FY fY i
n Yean 2010 2011 2012 2013 2i
4,304,965 323,810 3,98tJ55
545,000` 545,000
2,461.548 2.467,548
750,000 750,000
t,$00,000 1.500,OOD
15,000,000 7.500,000 7,500,000
76,000;000� 76,Op0,�00
12.238.432 . 12.239.452
750,000 750,000
750.000
1,930;000 1,930,000
1,250.000 250,000 250,000
320,000 32D,000
eo.000 eo,000
2,370;000 2,370,000
388.458 368,459
1,500.000 '1.500,000
8,635,601 -
677,714 -
8,441,62'1 -
- 7,500,000
9,440 -
1,442,661 14.366,696
9,3'19.112 -
1,078,340 -
2,452,683 -
- 9,8'17.988
13,223.429 -
14,52'1,'190 -
2 500,000 3.000,000
70.892.896 -
7,610 -
5,577,408 -
Pege 3
750,Q00
250,600 250,000
1.500,000
74,366,696
3.817.998
1,000,000 7,000,000 1.000,000
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Spanish R'r.+er Nigh Biotech Arademy
Spanis� RNer Niph Teacher Academy
Viqape Academy 8uildout
V�lage Academy Secondary Addition
Weilingion Ekmentsry Addition
Wellinpton High AudiWrium
Weilington High Veterinarian Academy
Nfiispering Pkies Elemenfsry
Vuhisnerina Pines Classroom and Corc Addition
COP Lease Payments
Commerdal Paper Paymenn
Nan-Construction
Athlet� FaciliNes a�d Playfieltls
Bui�ding Envdope Maintenance Program (BEMP)
County Wide Custodial Equipment
EnVironmental Servite Contracts
Fire S L'rfe Salery Systems
Wafntenance ProJncfs
Minor Projeccs
Minor Projects - CSIR Projects
Minor Projecfs - Fencing / Secunfy
Mino� Projects - HVAC Projects
Mi�or Projects - Playground RepiacemenVUpgrades
Minor Projects - Storage Projech
Minor Projects - TiNe 9 G�nde� Equity
ToUi
15.964.012
4�,520,A67
i.ose,000
1.700.00Q
18,421,242
22,205,230
73,790,889
2,907,203
4,428,105
57,'179,75fi
1,971,880,936
250,000,000
127,E2s.022
��o,000
4,'180,253
279,000
4,572,498
3,584,000
6,949,904
15,034,164
200,tl00
300,000
575,000
300,OD0
200,000
zso,000
2010 - 2014
�Aorto FY FY FY P
2010 Plan Yean 2070 2011 2012 2013
4,520,467
1,096,000
i,�oo,000
18.421,242
21,976,230
13,190,889
2,9�7,203
�,228J05
229.000
200,600
229,000
200,000
J�UUU, VUU
36,800202 20;379;554 3,296,646 3,096.062 1,596,957 4,873,487
403,880,336 738,000,000 152,000.000 748,000,000 146,000,000 1<6,00O,OOD
176,144,422 73,855,$78� 73,855,578
2,500,000
164,000
2,940,874
3,084,000
3.421.597
8,988,000
2oo,00a
�zo;ooa
1,680,253
t i 5,000
1,631,624
500,000
3�,528.307
6�,046,164
200,a00
300,000
5i5,000
300,000
20D,000
250,000
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��o,000
1,680,253
�is.000
1 837,624
500,000
3,528,307
6,046,164
200.000
300.000
575,000
300,000
200,000
250,000
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Summary af the Capital Improvement Program fnr Fiscal Years
RebcataWea - Leasing
RebcaWWes - Reloca6on
Sunirvor's FaciliN Lease
Maintenance of Equipment
Malntenanes of Facilities
Technology Mainte�anx
Propetty and F�ood Insurance
Computer Assisted Padlity Management (CAFM)
Compuler Purchases 1 Admin Relresh
County Fiber Constroction
Disaster Recovery
Oistrict Server Refresh
E-D{smvery
Hardware / Software P�rchases
Heat Integretion
Identity Management Suite
IT Security
Mainhame System Upgrede
Network Operationa Centef
New Schoois - Adminisl2tive Technology
PC Management SoRware
Project Maaagement Otfice
RedSky E•971
RSA Expansion with Security ID Use
SAN Capscity Bu9dout
School lAN Switth
School Nehvork Moves - Adds - Changes
School Web Cache
Video Conferencing
Nhreless Securitv
Totnl
�08,200
7,700,638
4,968,002
29,8d9,081
29,805.971
9,313,919
1,779.739
1,151,375
1,700,000
� .972.000
561,845
i 000.00a
352,836
20,000
4�1,000
50.000
i.000.000
95,000
158,400
800.000
282,651
55.000
25,000
1,850,000
922,b32
400,000
284,000
291.597
419,425
8.715.119
2010 - 2014
' or to FY FY F FY
20'10 Plan Ywn 2010 2011 2012 2013
54,600 54;600. 54,600
4.818.406 2�,882,236� 2,882.238
84 7, 081 1, 034; 8 Q 9 1, 034, 80 �
.889d.152 97.619.90d��. •'_'23,174.947
3;524-,388� 3,524,389
�,868,002 4,968,002
29,849,081 29,849, 081
29,805,977 29,805,971
9,313;819 9,373,879
1 �.895:802 1.895.802
436,375
500,000
1,472,000
100.000
76,500
20J,398
1,500,D00
azz,000
�oo,aoo
197.597
1.779,738
715,OOU
1,200,006
500,000
461.845
i,000,000
352,836
20,000
431,000
50,000
�,000,000
95,000
81,900
800,000
79,253
5$,000
25,OOD
35p,000
A00,632
30D,000
284,000
100,000
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1,779,738
715,000
1,200,000
500,000
467,845
i,000,000
352,836
20,000
431,000
50,000
i,000,000
95,000
81,900
800,000
79,253
55,000
25,000
350,000
400,632
300,000
284,006
t 00,D00
219.425
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Ordinance 1, 2010
SECTION 3. The City's Growth Management Administrator is hereby directed to
transmit one (1) copy of the amendment to the current Comprehensive Development Plan
to the State Land Planning Agency within ten (10} working days of adoption, along with a
copy of the executed adopting ordinance, ordinance effective date, a copy of the public
hearing notice, and al{ other necessary documents in accordance with Section 163.3187,
et seq., Florida Statutes. A copy of the above shall also be sent to the Treasure Coast
Regional Planning Council and to any other unit of local government that has filed a written
request for same.
SECT{ON 4. Afl ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
SECTION 5. Should any section or provision of this Ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction
ta be invalid, such decision shaN not affect the validity af the remainder of this (Jrdinance.
SECTION 6. Specific authority is hereby granted to codify this Ordinance.
SECTION 7. This amendment shall become effective thirty-one (31) days after
adoption. No development orders, devefopment permits ar land uses dependent on this
amendment may be issued or commence before it has become effective. If the
Ordinance is timely challenged by an "affected person" as defined in Chapter 163,
Florida Sfatutes, the amendment does not become effective until a final order is issued
finding the amendment in compliance.
(The remainder of this page intentionally left blank)
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Ordinance 1, 2010
PASSED this �� day of --����i , 2010, upon first reading.
PASSED AND ADOPTED this
second and final reading.
CITY OF P
BY:
ENS
Russo, Mayor
�����'����� day of �'� G�����-�1 , 2010, upon
Robert G. Premuroso, Councilmember
AZ3'EST:
a��:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY �,
BY:� � �
R. M
n, City Attorney
G:\attorney_sharelORDINANCES�2010\Ordinance 1 2010 - CIE.doc
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AGAINST ABSENT
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GENERAL FUND
Revenues
Expenditures
Personnel & Operating
Capital Outlay
Debt Service
Transfers
Subtotal Expenditures
SPECIAL REVENUE FUNDS
Revenues
Expenditures
Personnel & Operating
Capital Outlay
Debt Service
Transfers
Subtotal Expenditu� es
IMPACT FUNDS
Revenues
Expenditures
Peiso�ulel & Operating
Capital Outlay
Debt Service
Transfers
Subtotal Expenditures
TOTAL REVENUES
TOTAL EXPENDITURES
Balance Car�yforward
C�u�rent Year Change
Ending Balance
CITY OF PALM BEACH GARDENS
FIVE YEAR PROJECTION
FISCAL YEARS 2011 - 2015
2011
61,900,412
2012
63,350,143
2013
64,500,607
2014
65,696,642
2015
67,961,464
59,674,898 60,067,777 61,018,267 62,194,732 63,692,406
1,740,555 1,473,150 1,192,188 3,248,800 1,045,700
3,272,658 3,265,161 3,442,106 2,861,937 2,865,624
625,000 637,500 650,250 663,255 676,520
65,313,111 65,443,588 66,302,811 68,968,724 68,280,250
4,985,325
5,127,665
378,000
5,505,665
1,086,284
13,920
571,080
699,440
1,284,440
$ 67,972,021
5,134,885
5,384,048
899,000
6,283,048
632,718
14,477
1,500,000
700,490
2,214,967
5,288,931
5,653,251
449,000
6,102,251
4,473,550
15,056
1,350,000
699,890
2,064,946
5,447,599
5,935,913
616,000
6,551,913
3,152,159
15,658
1,500,000
698,060
2,213,718
5,611,027
6,232,709
1,360,000
7,592,709
2,989,160
16,284
900,000
694,700
1,610,984
$ 69,ll7,745 $ 74,263,089 $ 74,296,400 $ 76,561,651
$ 72,103,216 $ 73,941,603 $ 74,470,007 $ 77,734,356 $ 77,483,943
$ 25,231,903 $ 21,100,708 $ 16,276,850 $ 16,069,932 $ 12,631,976
(4,131,195) (4,823,857) (206,919) (3,437,956) (922,292)
$ 21,100,708 $ 16,276,850 $ 16,069,932 $ 12,631,976 $ 11,709,684
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�AF'�Y�L ENtPR(.�11�l�f�NTS EL�EM�NT SU�NCI�F�Y
TI�� C�pit�l Impreav�mertt El�m�n� �CI�} cont�ins t�� �a�is, t�bje�fiives and P�I€�ies
v��iicl� g�i�� fh� CiEy's fiscai poiici�� t� �r�v�c�e adeq��fe f�ciiitie�. Tl�e pr����ed
c��ng�� tt� the �'iE ar� min�r in n�tt�re �s p�rt �f the �A#�-bas�d amer�dm�nt�. Th�y
incluci�:
• Mr�d��i���ic�� af Level c�f ��r�ric� {C.t��} �f�ndarc�� th�t r�fle�t prc������ c��n��� ir�
tt�e Pu�lic �afety E��ment;
. lr��iaded pc�lici�� v�f�ich ���ress ch�r��es ir� �t�t� �t���t�s t� all��r fc�r c4�v��c�p�r-
fund�d €rn�rt�v�rnertt� t� be le�c�te� �,rift�ir� th� Fiv�-Y��r �ch�duie; �nd
.�c�c4if��c� farmatting, u�����d lingui�i��s i« t�rh� t�xf forr�t�tting, �r�d rerr�o��d
duplie�tive inform�ti�n.
T��1� �A qf #his el�m�r�t c�n��in� ti�e budg�t it�ms rec�uired t� a��i�ve c�r r7��intain
l�ve�� �f s�rv�c�, �r�d it is upd�t�d or� art �nnu�l b�sis irr�r��di�t�Sy af#er i}�� �dc�pii�r� c�f
t9�e �it}t's Capit�l 1�rtp�c�v�rr�ent Pr��ram (���'}. k3���u�e th� �€fy r�r�st transn�it tE��
E,�R�b���� �merrc�r���n�� pri�r t� th� �eic�ptian c�f t�� r��� CIP, th� �AR-b�s�ci
�����rrtirnenf will ���t cc�nt�in upd��es tc� T�bi� �A, �he ��r��a�l t�(� t��d�t� ��fl�ctin� t�e
�t��ng�s t� th� CIP �viil �� a s�{�arat� ar��endm�rit �rc���ss. ih� u�d�t� t� Tabl� J�,
whic� r�f���t �he �cha�i Baard's �I�', i� ��rnil�rly affect��.
Z'h� �"a��c�wirr� r'rriiiafr'�r�s �re,�art +�f fh� p�o�c�,���1 �api�ai lrrt�rc�v�rr�er�t �l�n��nt:
.�n��r� the cc�nstr�cti�n, r�pl���r��nt �nd rn�ir�t�n�nc� �f c�pital ��cilities whi�l�
�r� necessary t� ��#�iev� �nd maint�in �dc�pteci LC�S. �Qbjec�ii!� 9.1.7., P��� 9�
1, �`�t�tit�r�,j
•�ufure d�v�lc��n�€�r�t �f7�lk bear a pr�p�rti�nate c�st �f f��iiity �r���rc�v�m�rtts
r��c�ssit�t�d by the d�uel�p�T��nt in c�r-cf��� t� r��aEr�t�in Lt�S ���nd�r�s, {C?�.�j��five
9. �#. �,, F'�c�� 9-2� �'xlstir�g)
.�r��ure tFs� �rc�v��ic�n af n�e�e�€ c�pit�l i��pre�ver���nt� fc�r preuic�u�(y issue�
c3e��lt�pm�nt c�r��rs, �nd far f��ttar� d�aeEaprr�ert# and r���vele�pr�ent. (C�F�je�fit���
9. �.3,, �'age 9-�, �;�lstingj
. Nt�int�in � rni�imum LC�� f�r tr�ffie circuiatian, pat�bl� water anc� s�r�ifi�r� sewer,
sc�lid waste, drain�g�, r�cre�ti�r� and c�pen s����, �r��i public s�f�ty. �C7t�}ecflve
�.1.4., Pac�e 9-.�; Exislit�g)
Ca��t�i imprcrv�n°�eni and Public Schc�c�6 �acility E(err���t�
�ify csf P�Irn Be�ch ��rd�ns P�g� 9-�
�r�ir��nce 1�, �00�
Tk�e f�:{6c�v�in� �t�di�s �r �ctir�rrs ar� r�c�mrr��r�d�� �s p�rt �f #�r� E�F�-ba�ec�
�c�rr�pr�`he�siv� pl�n �mend��ent�:
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a�T"U t�Y� P I.AN�ACiI (�t�
� ��r th� cortstructic�n
[11'�is sectit�n �ta� �e�n i�t�*nti�n�lly le�ft b'�ank,]
���itai Irrmpr�ve�r�ent anci Pu�li�: �chrr��rl ��ci�it� Eier��nk�
��ty �f F'�fr�t �3��°��h ��rc��:n� I��g� �J-�3
C�rc�ir��t7��� 1�, ��0�
P�i�l.l� �CN�7CiL� F��ILIfilES ��.�M�NT SUMNIARY
�.��isi�:tic�n �r��ct��' k�y ti�e 2�t�5 �l�rid� L�gis[�ture ����1at� Bi'�i 36�, �aw� �f FiQri�#a
��i�5-Z�E�) t����at�s a�c�mpr�F��nsive ���us� �r1 schc�c�f pl�nnin� k�y r����iring Ic�c�l
c�c��ernm�nts a�d ��ha�S bc��rds tc� �da�t � sch�ai �c�ncurrer�cy sy�t�r�. Sc��ai
�ar�c��ren�y en�ur�� �oc�rdin�ti�n b�tween lacal g�v�rnm�nt� �n� s�hc�ai ��ar�� ir�
p��nna�g and permitting d�v�lapmee��� th�t affect �chool e�p�cit� ar�d utiEizatic�n r�fies,
�itiit� �t�� passag� of �er��t� �ii[ 36t�, ��hc�c�C f�cifiii�s rc�n��rr�r��cy is r�� i�r��er r�ptiana{,
T�i� fc�[Ic�v�ir�c� ��c4ior�� c�f �hapt�r °���, �'art 11, �.�., �h�ul� �e €nt�rpr�t�cJ a� a v�f��le
r�ft�er tfi��n indivi�u��ly. T� impi�m�nt scl�o�1 c�ncurr�r�cy, I���� c��ver�ment� �nd
sch��i bc��r�s ar� r�quired ta:
� Upd�t� exi�tin� �ubli� sct�r��l ir�t�r�aca6 agr���n�nts ar�d fhe lnter�t�v�rnm�t�t�(
��trr�ittatic�r� El�mer�t t� in�(�.��#� ���rdinated �rc�ced��r�� �ar ir�plem�r�t�n� s�h�c�i
cc�nc�rr�n�y (��cti�r�s �163.�177��}(k�jE1), 1`G�.��777, �.S„ a�id 1�3.�1�0{��},
�`.5.;
• Adc�pf � Pu�lic S��e��l Fac�iiti�s Eie�nent �F',�.�.�.} inio t}i� �c�m������nsiue pl�n;
•�.dc��t I�v�l-c�f-servic� �L.C�.�.j st�r�c�ar�s t� �stablish r�axirr��m p�rm'r��ik�Ee
�chc�al uti4��ati�r� r�te� ��I�ti�r� t� c��acity; �nd incl'ud� L.C�.S. star�dar�s in ar�
�m�nd�d ��pit�f (rrtprc�v�rn�r�ts El�ment af t��� c��t°�pr�:h�r��iv� ��an �n� ir� tt�e
upd�t�d ir-��erl�c�l ae�reer��eni,
��st�ialksh a�r��nci�lly fe�sik�l� Pubiic �chc�o� �a�itaE F�ciliti�s Prc�gr�t� ar�c4
include thi� pr�c�r�rr� i� �s� �m�r�d�d ��pit�( impra��rs��r�k� �l�rr���t c�� �i��
��m�?rehel�sive pl��;
«�s��bli�h prr�p�rtianat�-sh�r� rr�itir��t�or� rnetl�c�dc�l�gy �nd t�pfi�n� ta b� ir�clude�i
'sn the P.i.�:E. �n� th� ir��erlocal a�reern�nt,
����ab(is�r publi� sct��ol �crr��urrency S�rvi�� Rre�s {C.S.�.s� tc� �efir�e th�
���agr�phic br��.�nc��rie� �f sc�c�c�( c�ncurrer�cy, an� ��i+�luci� th� �.S.A,s ir� t���
upd�ied �nt��lc���l a�r�er��r�t a�cf in #he �upportir�y d�t� �n� �na(ysi� f�r the
cc�mprehen�iv� pi�ns
(,�at>rc�. t�v�vw.cl�;�.�tat�,fl.t�sr'�c�� 1d��S���c�t�lf�lar�rPirrc:��"irrc���,c:frr�#���a�t�
T��e Pul�lic S�hoc�l� F�ei[':ti�s �'I�rr�erit �er Che City's �e�r���r�h�r,�iv� Pl�n h�s � sin�l�
g��l, w�ich i� #o p�c�vid� f�r the f�►tu�� avail�biiit� c�f public scf���i facili�i�s c�nsist�nt
wit�� ��� ��t�pted L�trei c�f ��rvic� �t�nci�rds. V�lithin �i�� �u%sequent t�k�j�cfiv�;s and
F'�I€ci�s, c�ther �r��s in�iuc�ir�g s�fe �c���s tc� �ch��[s, cc�car�ina�ic�n witFr th� �chool
C�i�trict �n r��w inform�tic�n, �nd sch�c�3 c�p��ity c�lat�d to LC��, �re �ii �ddr�s�ed.
`Che prc�pc�s�d E�1R-bas�c� �m�rrdmer�ts incl��rf� �or�ne rr�in€�r �e�difit�n� within #h� Pt�blic
�cl�c�als �aciliti�s El�n��n�. Th� a�fciitic�r��! {�r�Iicies �re ��ir�� acid�� tc� �(I�w far th�:
��p�tai imprc�v�ment �r�d F"ublic ���c�c�l F�cil�ty �I�r�en��
Gity r�f Pa3rr� Be,�ch ��rd�:ns P��e �-4 C�r�iin�r�c� 14, 2�08
. [�epiction �f �c�c�a€ f�ciiiti�s c�n th� �utur� �.:an� ll�e (Vl�p;
•�ncc�uragem�nt af ��f� acc�ss to sc�aals, inc(u��r�g sidew�lk�, bik� ��ths, t�arn
lanes, tra�#ic c�lrning, �r�c! sic��i�lizati�n;
.�ncc��r�����r�t c�f high ���iity publ�e school f�cilit��s �nd cc�ardinati�t� wit�� P�lrr�
���ch Gc��nty� ��E�c�c�i Bc�ar� �c� p�c�mat� tk�e �r��7itectur� ar�d ��p��r�n�� �f
�ut�li� �ch��f fa�ili�'r�s;
. ��o��iin�tior� v,�it� P�Irn ���ch �c�ur�t� �r�d th� �chc�ol C�i�trict c�f �'�In� �3e�ch
��unty t� s�i�r� c�at� �an �n �€�r�ual ���is ta �mpr�v� ihe �rac���; �n�
.�c��rdir��tion �ith �I! p�rties af fhe P�G F'u�a(i� S�hc��i int�rlc�c�� Agre�r����t irt �he
eve�i �n an��ndment is n�cess��ry.
C�pita! (rnpr�vem�nt �r�d Pubiie Schac�i ��cility E(�ments
�ity c�f F?aE'm �each �a�der,s F'�ge 9-� Qrc�in�nc� 14, ��08
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RESOLUTION 33, 2010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING THE MASTER
DEVELOPMENT PLAN FOR THE 50.58-ACRE PARCEL 31.04
MIXED-USE PLANNED COMMUNITY DEVELOPMENT (MXDJPCD),
GENERA�LY BOUNDED BY INTERSTATE 9S AND CENTRAL
BOULEVARD TO THE WEST, VICTORIA FALLS BOUL.EVARD TO
THE NORTH, THE FUTURE EXTENSION OF ELM AVENUE TO THE
EAST, AND THE PALOMA PLANNED UNIT DEVELOPMENT (PUD)
TO THE SOUTH, AS MORE PARTICULARLY DESCRIBED HEREIN,
TO INCORPORATE A CONDITION OF APPROVAL RELATED TO
CERTAIN TRAFFIC IMPROVEMENTS REQUIRED BY PALM
BEACH COUNTY'S TRAFFIC DIVISION INTO THE MASTER PCD
DEVELOPMENT URDER; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS, the City Council, as the governing body of the City of
Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter
Statutes, and the City's Land Development Regulations, is authorized and
to consider petitions related to zoning and land development orders; and
Palm Beach
166, Florida
empowered
WHEREAS, on July 20, 2006, the City Council adopted Resolution 53, 2006,
which approved the master development plan for the Parcel 31.04 Mixed-Use Planned
Community Development (MXD/PCD), allowing the development of 15,000 square feet
of restaurant use, 4,000 square feet of drive-in bank use, 12,000 square feet of
drugstore use, 11,600 square feet of commercial retail use, 10,000 square feet of
professional office use, and 252 multi-family units on three (3) parcels; and
WHEREAS, the subject site has a Mixed-Use Planned Community District MXD
zoning designation with a PCD overlay and has a land use designation of Mixed-Use
(MXD); and
WHEREAS, the Growth Management Department has reviewed the application,
has determined that it is sufficient and consistent with the City's Comprehensive Plan
and Land Development Regulations, and has recommended approval; and
WHEREAS, the Planning, Zoning, and Appeals Board reviewed the application
at its May 91, 2010, meeting and recommended approval by a vote of 7-0; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Applicant and other interested parties and the recommendations of the
various City of Palm Beach Gardens review agencies and staff; and
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Resolution 33, 2010
WHEREAS, the City Council deems approval of this Resolution to be in the best
interests of the health, safety, and welfare of the residents and citizens of the City of
Palm Beach Gardens and the public at large.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PAL.M BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City-initiated master development plan application is hereby
APPROVED for the Parcel 31.04 Mixed-Use Planned Community Development
(MXDIPCD), generally bounded by Interstate 95 and Central Boulevard to the west,
Victoria Falls Boulevard to the north, the future extension of Elm Avenue to the east,
and the Paloma Planned Unit Development (PUD) to the south, subject to the conditions
of approval contained herein, which is in addition to the general requirements otherwise
provided by ordinance:
LEGAL DESCRIPTION:
THE PLAT OF CIMARRON COVE AS RECORDED IN PLAT BOOK 111, ON PAGES
102 THROUGH 1p6, OF THE PUBLIC REC(3RDS OF PALM BEACH COUNTY,
FLORIDA.
SECTION 3. The language set forth hereinbelow related to certain traffic
improvements required by Palm Beach County's Traffic Division for the Parcel 31.04
Mixed-Use Planned Community Development (MXD/PCD) is hereby approved and
adopted into the master PCD development order as Engineering Department Condition
No. 16.5:
Engineerinq
96.5. The Applicant shall be subject to the conditions of the Traffic Concurrency
issued by the Palm Beach County Traffic Division (PBC Traffic) as
described below and/or any subsequen# modifications to the concurrency
conditions issued by PBC Traffic. {Director of Engineering, Planning &
Zoning)
a. Prior to the issuar
shall construct the
Falls Boulevard in
planned roadway
standards.
ce of any Certificate of Occupancy, the Applicant
roadway extensions for Elm Avenue and Victoria
accordance with the City of Palm Beach Gardens
linkages and all applicable City road design
E
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Resoiution 33, 2010
b. Prior to the issuance af a building permit for vertical construction for
the 102"d residential unit, or the issuance of a building permit for
more than 30% of the commercial square footage, whichever occurs
first, the Applicant shall post surety for the installation of a traffic
signal at the intersection of Military Trail and Victoria Falls Boulevard
to be drawn within finrenty-four (24) months of the issuance of the
final Certificate of Occupancy. Furthermore, upon meeting warrants,
proper traffic control and safety devices must be installed at the
following intersections:
i. Hood Road and Elm Avenue (Road #14)
ii. Military Trail and Victoria Falls Boulevard (Road #12)
iii. Central Boulevard and Victoria Falls Baulevard (Road #12)
iv. Victoria Falls Boulevard and Elm Avenue (Road #14)
c. Prior to the issuance of any Certificate of Occupancy, the Applicant
shall provide an exclusive northbound right-turn lane onto the
proposed driveway on Central Boulevard. Also, traffic shall be limited
to right-in, right-out operations at this access point.
d. Prior to the issuance of any Certificate of Occupancy, the Applicant
shall construct a northbound left u-turn at the intersectian af Central
Boulevard and Victoria Falls Boulevard. This requirement may be
postponed/waived so long as the access driveway fram Central
Boulevard into the project is limited to an entrance-only function.
e. Prior to the issuance of any Certificate of Occupancy, the Applicant
shall provide proper signage within the development, discouraging
drivers intending to travel south on Central Boulevard from using the
right-in, right-out access onto Central Boulevard.
f. Prior to the issuance of the first infrastructure permit, the Applicant
shafl demonstrate that adequate right-of-way for the construction of
the planned Interstate 95 ramps at the Centrat Boulevard interchange
is provided.
SECTION 4. All previous conditions of approval shall remain in full force and
effect, as set forth in Resolution 53, 2006, except as modified hereinabove.
SECTION 5. This Resolution shall become effective immediately upon adoption.
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1 PASSEd AND AD4PTED this _�day of �v r�t
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ider, CM�C, City Clerk
17 APPRtJVED AS TO FC)RM A
18 LEGAI. SUFFICIENCY /
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MAYOR LEW
, City Attorney
VICE MAYOR PREMUROS(�
CC3UNCILMEMBER RUSSU
CflUNCILMEMBER JABLIN
CC7UNCILMEMBER BARNETT
Resolution 33, 2010
�a�a.
CITY C7F PALM BEACH GARDENS, FLORIDA
BY:
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AYE NAY
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ABSENT
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, Mayor
G:tattorney_sharelRESQLUTiC?NS120101Resolution 33 201 �- amend+ng master pian for parcel 31.04-RML-6-3-10.docac
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RES4LUTION 1, 2010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE SCRIPPS
FLORIDA PHASE II/BRIGER TRACT MIXED USE (MXD) PLANNED
COMMUNITY DEVELOPMENT (PCD), COMPRISED OF 2.6 MILLION
SQUARE FEET OF BIOTECH RESEARCH AND DEVEL.OPMENT,
1.2 MILLION SQUARE FEET OF OFFICE, 300 HOTEL ROOMS,
500,000 SQUARE FEET OF RETAIL, AND 2,700 RESfDENTIAL
UNITS ON A 681-ACRE PARCEL, AS MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING
CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, the City Council, as the governing body of the City of
Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter
Statutes, and the City's Land Development Regulations, is authorized and
to consider petitions related to zoning and land development orders; and
Palm Beach
166, Florida
empowered
WHEREAS, the City received application PPCD-09-02-000002 from Lester
Family Investments, L.P., et al. and Palm Beach County requesting master plan
approval for the Scripps Florida Phase II/Briger Tract, consisting of 2.6 million square
feet of biotech research and development, 1.2 million square feet of office space, 300
hotel rooms, 500,000 square feet of retail, and 2,700 residential units. The subject site
is approximately 681 acres and is located south of Donald Ross Road, north of Hood
Road, and east and west of Interstate 95, as more particularly described herein; and
WHEREAS, the subject site has been rezoned to Planned Cammunity
Development (PCD) Overlay with an underlying zoning designation of Mixed Use (MXD)
by the adoption of Ordinance 28, 2009; and
WHEREAS, the Growth Management Department has reviewed the application,
has determined that it is sufficient, and has recommended approval; and
WHEREAS, the Planning, Zoning, and Appeals Board (PZAB) reviewed the
petition at its October 13, 20Q9, public hearing and recommended approval by a vote of
6-1; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Applicant and other interested parties and the recommendations of the
various City of Palm Beach Gardens reviewing agencies and staff; and
1 WHEREAS, the City Cauncil deems approval of this
2 interests of the health, safety, and welfare of the resident
3 Palm Beach Gardens and the public at large.
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Resolution 1, 2010
Resolution to be in the best
s and citizens of the City of
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCtL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. Application PPCD-09-02-000002 from Lester Family lnvestments,
L.P., et al. and Palm Beach County is hereby APPROVED for master plan approval for
the Scripps Florida Phase II/Briger Tract, consisting of 2.6 million square feet of biotech
research and development, 1.2 million square feet of office space, 300 hotel raoms,
500,000 square feet of retail, and 2,700 residential units located on approximately 681
acres south of Donald Ross Road, north of Hood Raad, and east and west of Interstate
95, subject to the conditions of approval contained herein, which are in addition to the
general requirements otherwise provided by resolution, on the following described real
property:
See Exhibit "A" for Legal Description.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following four (4) waivers:
1. Section 78-231, Parkway over/ay district, to allow the width of the parkway on
Donald Ross Road to be reduced to fifty-five (55) feet.
2. Section 78-231, Parkway overlay districf, to allow the width of the parkway on
Hood Road, directly in front of the Neighborhood Commercial parcel, to be reduced to
fifty-five (55) feet.
3. Section 78-563, Lake maintenance tracts, to
maintenance tracts to be reduced to fifteen (15) feet ai
as plazas, landscaping, bulkheads, and parkways, but
within the lake maintenance tracts.
allow the width af the lake
�d #o allow improvements, such
not including vertical structures
4. Section 78-377, Mechanica! and service equipmenf screening, to exempt
mechanical equipment from screening requirements only for those uses that are
biotech, biomedical, or science-related in nature.
SECTION 4. This approval is subject to the following conditions, which shall be
the responsibility of and binding upon the Applicants and their successors or assigns:
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Resolution 1, 2010
Planning & Zoninq
1. The Applicant shall provide a Declaration of Covenants to the City for review at
the time of submittal of the first plat application for the project. The Declaration of
Covenants shall specify who or what entity will be controlling, operating, and
maintaining the common elements of the PCD, including, but not limited to, such
elements as the spine roads, the perimeter landscape buffers, major drainage elements,
etc. The subject Declarations must be provided to and approved by the City Attorney
prior to approval of the first plat for the project. (Planning & Zoning, City Attorney)
2. Any amendments to the list af permitted uses for the PCD shall be amended by
resolution and approved by City Council. (Planning & Zoning)
3. At least one (1) community park shall be provided east of Interstate 95 and one
(1) community park shall be provided on the west side of Interstate 95. Each
community park shall be no less than five (5) acres. Examples of the types of facilities
found in a community/neighborhood park include, but are not limited to, basketball or
tennis courts, picnic areas, multi-purpose fields, playgrounds, and nature areas,
including upland preserves or wetlands with nature trails. Additionally, at least one (1)
neighborhood park shall be located within 1/4 mile radius of each residential home
within the project. The minimum size for each neighborhood park shall be one (1) acre
except for thase neighborhood parks located within the Town Center District, which
shall be a minimum 1/3 acre in size and located within a 1/4 mile walk from any
residential home located within the District. Community parks may also be counted
toward satisfaction of the neighborhood park requirement. Maintenance, ownership,
and aperation of all parks provided within the PCD shall be the responsibility of the
Master Property Owners Association or ather entity as approved by the City Attorney.
Prior to each site plan approval within the in PCD, the Applicant shall demonstrate this
requirement has been met. (Planning & Zoning)
4. A minimum of one (1) gated pedestrian connection shall be provided on the
eastern property line of the PCD adjacent to the Legends at the Gardens Mixed Use
community in order to provide a pedestrian path to connect to the Town Center District.
The specific location of the pedestrian connection shall be identified at the time of the
first site plan approval for that portion of the Town Center District that is immediately
adjacent to the Legends at the Gardens community. The location of the pedestrian
connection/access will provide pedestrian access that is complementary to both the
Town Center District and the Legends at the Gardens community to the east. (Planning
& Zoning)
5. Prior to the approval of the first plat for the project, all deep-well field site areas, if
required by the Seacoast Utility Authority, shall be depicted on the PCD Master Plan.
(Planning & Zoning)
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Resolution 1, 2d10
6. No less than 20% (136.33 acres) of the total 681 acres shall be provided within
the PCD as community-serving open space. No mare than 68.16 acres of the required
136.33 acres shall consist of manmade water bodies or canals; all of which shall be
consistent with the provisions contained within Section 78-fi81 of the City's LDRs. The
following minimum allocation of community-serving open space for Parcels A-H, when
taken together with the allocation of cammunity-serving open space depicted on the
PCD Master Plan, shall satisfy the minimum open space requirements:
Parcel A — 3.37 acres
Parcel B — 5.34 acres
Parcel C — 6.73 acres
Parcel D —1.40 acres
Parcel E — 2.48 acres
Parcel F —1.57 acres
Parcel G — 7.36 acres
Parcel H — 0.28 acres
Forest
7. In the event that #he upland preserve requirement is satisfied through off-site
mitigation for The Scripps Research institute (TSRI) site, the Applicant and its
successors or assigns shall be required to provide a deed restriction, in a form
acceptable to the City Attorney, for the off-site mitigation property limiting the use of the
subject properiy for conservation purposes in accordance with the City's land
development regulations. A final recorded deed restriction and a preserve area
management plan will be required prior to approval and recordation of the first plat for
the PCD. In the event off-site mitigation is not provided, a total of 12.34 acres of upland
preserve area shall be provided on the TSRI site. (City Forester)
8. The off-site upland preserve site shall not be encumbered by any drainage or
utilities. Any jurisdictional or non-jurisdictional wetland, as indicated on the
Environmental Assessment, shall not be counted toward the 12.34-acre upland
preserve mitigation area. (City Forester)
9. The final design and location of all littoral plantings shall be submitted and
approved at the Site Plan review of the respective parcel. (City Forester)
10. The Applicant and its successors or assigns, including, potentially, the Master
Property Owners Association, shall be responsible, upon the issuance of the first
building permit for vertical construction, for their fair share of 1/2 of the cost of
landscape and irrigation maintenance of the Donald Ross Road median from the
eastern terminus of their development to the western terminus of their development.
(City Forester)
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Resolution 1, 2010
1 11. The Applicant and its successors or assigns, including, potentially, the Master
2 Properiy Owners Association, shall be responsible for the installation of landscaping
3 and irrigation and all associated maintenance of same for the Donald Rass Road right-
4 of-way shoulder adjacent to their development, the entire Grandiflora Road within the
5 development, the north-south public road within the site, and the Hood Road right-of-
6 way northern road shoulder adjacent to the site. Landscaping shall be installed prior to
7 the issuance of the first building permit for vertical construction for the adjacent parcel.
8 (City Forester)
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12. The Master Developer shall install landscaping and irrigation alang all perimeter
landscape buffers for the PCD. The maintenance of said roadway beautification shall
be the responsibility of the Master Property Owners Association or other entity as
approved by the City Attorney. Buffer areas shall not be cleared of vegetatian until site
plan approval has occurred for the adjacent development. Landscape buffers shall be
installed prior to the issuance of the first building permit for vertical construction for the
adjacent parcel. (City Forester)
13. The Applicant shall provide a Management Plan for all on-site preserves for the
Growth Management Department's review and approval prior to the commencement of
land alteration. (City Forester)
14. All preserves shall be platted prior to the development of the adjacent parcel and
shall be the perpetual maintenance responsibility of the Master Property Owners
Association or other entity as approved by the City Attorney. (City Forester)
15. Prio
nonnative
completed
r to the first Certificate of Occupancy of
plant species shall be removed and
(City Forester)
each adjacent parcel, all invasive
any restoration of the preserve
16. Limited clearing may be permitted within an individual parcel of the PCD even
though the subject parcel has not yet received site plan approval when such limited
clearing is necessary in order to facilitate the installation of infrastructure and/or
common amenities necessary to implement an approved site plan for a different parcel
within the PCD. Such limited clearing shall be subject to approval of the Director of
Engineering and City Forester. The limits of said clearing and installation shall be
identified on the finaf construction plan for review and approval by the City prior to the
issuance of the first land alteration permit. (City Forester, Director of Engineering)
Engineerinq
17. The Applicant shall provide a signed and sealed pavement marking and signage
plan for the PCD or provide the same on the engineering plans; said plans must be
reviewed and approved by the Director of Engineering prior to the issuance of the
related infrastructure permit. (Director of Engineering)
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Resolution 1, 2010
18. Prior to the commencement of construction far the improvements delineated on
the PCD Master Plan, the Applicant shall provide all necessary construction zone
signage and fencing as required by the Director of Engineering. (Director of
Engineering)
19. Prior to construction plan approval or the issuance of the first land alteration
permit for any of the improvements delineated on the PCD Master Plan, whichever
occurs first, the Applicant shall provide a cost estimate and surety in accordance with
the LDRs and a cost estimate for on-site project improvements, not including public
infrastructure (please see the definition of public infrastructure within the City Cade), or
landscaping and irrigation costs for review and approval by the City. The cast estimates
shall be signed and sealed by an engineer and/or a landscape architect licensed in the
State of Florida and shall be posted with the City prior to the issuance of the first land
alteration permit. (Director of Engineering)
20. The construction, operation, and/or maintenance of any elements of the subject
project shall not have any negative irnpacts on the existing drainage of surrounding
areas. If at any time during the project development it is determined by the City that any
of the surrounding areas are experiencing negative drainage irnpacts caused by the
project, it shall be the Applicant's responsibility #o resolve said impacts in a period of
time and a manner acceptable to the City prior to additional construction activities. The
City may cease issuing building permits and/or Certificates of Occupancy until all
drainage concerns are resolved. (Director of Engineering)
21. Prior to the issuance of each infrastructure permit for the improvements
delineated on the PCD Master Plan, the Applicant shall provide proper documentation
to the City, in a forrn satisfactory to the City Attorney, from the applicable utility
providers authorizing the location of landscaping and light poles within the utility
easements. (Directar of Engineering)
22. The Applicant shall comply with all Federal Environmental Protection Agency and
State of Florida Department of Environmental Protection permit requirements for
construction activities. (Director of Engineering)
23. Prior to the issuance of each infrastructure permit for the improvements
delineated on the PCD Master Plan, the Applicant shall provide construction plans,
including, but not limited to, paving, grading, and drainage plans, along with surface
water management calculations and hydraulic pipe calculatians for City review and
approval. The paving, grading, and drainage plan and calculations shall be signed and
sealed by an engineer licensed in the State of Florida. (Director of Engineering)
24. Prior to the issuance of the land alteration permit of any infrastructure phase of the
PCD, the Applicant shal( plat said infrastructure phase to include all existing .and proposed
easements and like encumbrances in accordance with the LDRs for City Council approval.
(Director af Engineering, Planning & Zoning)
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Resolution 1, 2010
25. Prior to the issuance of each infrastructure permit for the improvements
delineated on the PCD Master Plan, the Applicant shall provide a signed and sealed
photometric plan far the infrastructure being applied for and submit a site lighting permit.
(Director of Engineering)
26. Prior to the commencement of construction associated with each infrastructure
permit for the applicable improvements delineated on the PCD Master Plan, the
Applicant shall schedule a pre-construction meeting with City staff. (Director of
Engineering)
27. Prior to the issuance of the Certificate of Completion for each infrastructure
permit, the Applicant shall provide copies of the required FDOT testings for the City's
review and approval. (Director of Engineering)
28. All lakes shall have at least one aerator/fountain. Prior to the site plan approval
process for any site plan that includes a lake within the PCD, the Applicant and its
successors or assigns shall demonstrate to the satisfaction of the Directar of
Engineering that each lake includes an adequate number of aerators/fountains to avoid
water stagnation. The total number shall include consideration of the size of each lake
and the proper placement of the aerators/fountains. (Director of Engineering)
29 A boundary plat shall be required for the east side of the PCD prior to any further
subdivision of land on the east side of the project. A boundary plat shall be required for
the west side af the PCD prior to any further subdivision of land on the west side of the
project. All parcels depicted on the PCD Master Plan (i.e., Parcels A through H) shail
be separately platted and shall require City Council approval. Subsequent subdivisions
within each of these aforementioned parcels may occur by metes and bounds in
accordance with Section 78-592 of the City's LDRs (i.e., nonresidential uses and
nonresidential parcels only). (Director of Engineering)
SECTION 5. This Planned Community Development is hereby approved subject
to strict compliance with the Exhibits attached hereto and made a part hereof, as
foNows:
Exhibit 1. List of Permitted Uses, prepared by Urban Design Kilday Studios, 2
Sheets, dated October 08, 2009, and received by the City on November
16, 2009.
Exhibit 2. Urban and Architectural Design Guidelines, prepared by Urban Design
Kilday Studios, Pages 1 through 73, dated January 2010, and received by
the City on January 6, 2010.
Exhibit 3. Scripps Florida Phase II/Briger Tract PCD Master Plan, prepared by
Urban Design Kilday Studios, 1 Sheet, dated March 2, 2010, and received
by the City on March 8, 2010.
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Resolution 1, 2010
Exhibit 4. Scripps Florida Phase II/Briger Tract PCD 80-foot, 100-foot, and 120-foot
Roadway Cross Sections, 3 Sheets, dated and received by the City on
November 16, 2009.
Exhibit 5
Scripps Florida Phase II/Briger Tract PCD Overall Landscape Buffer Plan,
Sheets 1 through 18, dated and received by the City on November 16,
2009.
SECTION 6. Any and all future amendments to the Scripps Florida Phase
II//Briger Tract PCD shall be approved by Resolution of the City Council, except as
atherwise provided in the Palm Beach Gardens Code of Ordinances.
SECTION 7, This Resolution shall become effective immediately upon adoption,
and this approval shall be subject to and consistent with all previous approvals, if any,
except as specifically modified herein.
(The remainder of this page intentionally left blank)
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Resolution 1, 2010
PASSED AND ADOPTED this �s''_day of Y-��PR�� , 2010.
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-BY: ___ _ -,
;
i
�Patricia S�ider, CMC, City Clerk
, , _�
APPR�D AS TO F�
AND LEGAL. SUFFICI
BY:
R. M�x'L�ihman, City Attorney
VOTE:
ut �' 7�
VICE MAYOR PREMUROSO
COUNCILMEMBER RUSSO
COUNCILMEMBER JABLIN
COUNCILMEMBER BARNETT
CITY OF PALM BEACH GARDENS, FLORtDA
BY:
��
David Levy,
AYE NAY ABSENT
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RESOLUTION 102, 2009
A RESO�UTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AUTHORIZING THE MAYOR TO
EXECUTE THE SCRIPPS FLORIDA PHASE !I/BRIGER
DEVELOPMENT OF REGIONAL IMPACT PROPORTIONATE
SHARE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS, the City Council, as the gaverning body of the City of Palm Beach
Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Fiorida
Statutes, and the City's Land Development Regulations, is authorized and empowered
to consider this agreement; and
WHEREAS, the City received petition PDRI-09-02-000002 from Lester Family
Investments, L.P., et al. and Palm Beach County for approval of a Development of
Regional Impact (DRf) far the Briger Tract, consisting of 2.6 million square feet of
biotech research and development, 1.2 million square feet of office space, 300 hotel
rooms, 500,000 square feet of retail, and 2,700 residential units; and
WHEREAS, the proportionate share mitigation payments are authorized
pursuant to Sections 163.3180(12) and 380.06, Florida Statutes, and Rule 9J 2.045(7),
Florida Administrative Code to address the traffic impacts anticipated from the
development of the DRI thraughout build-out; and
WHEREAS, the payment requirements and schedule contained within the
agreement will result in the amount of proportionate share payments made throughout
the life of the DRI; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Applicant and other interested parties and the recommendations of the
various City of Pafm Beach Gardens' review agencies and staff; and
WHEREAS, the City Council deems approval of this Resolution to be in the best
interests of the health, safety, and weifare of the residents and citizens of the City of
Palm Beach Gardens and the public at large.
NOW, THEREF'ORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitais are hereby affirmed and ratified.
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Resolution 102, 2009
SECTION 2. The City Council hereby authorizes the Mayor to execute the Scripps
Phase II Briger/DRl Proportionate Share agreement.
SECTION 3. This Resolution shall become effective immediately upon adoption.
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Resolution 102, 2009
PASSED AND ADOPTED this _� day of 1�Pf�,t l. , 2010.
ATTEST: -
BY:
J Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
CITY OF PALM BEACH GARDENS, FI.ORIDA
BY:
VOTE:
MAYOR LEVY
Lohman, City Attorney
VICE MAYOR PREMUROSO
COUNCILMEMBER RUSSO
COUNCILMEMBER JABI.IN
COUNCILMEMBER BARNETT
��
David tievy, Mayor
AYE NAY ABSENT
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G:\attorney_share\RESOLUTIONS�2009\Resolution 102 2009-briger proportionate share agmt.docx
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THE SCRIPPS FLORIDA PHASE IUBRIGER
PROPORTIONATE SHARE AGREEMENT
This Scripps Florida Phase IIBriger Proportionate Share Agreement (hereinafter
"Agreement") is made and entered into as of this 1'�day af ���L , 201�, by
and between the Lester Family Investments L.P., Richard Thall, Robert Thall, Peter L. Briger,
Paul H. Briger, and the David Minkin Florida Realty Trust dated December 12, 1996 (hereinafter
"Lester"), Palm Beach County, a political subdivision of the State of Florida (hereinafter
"County"), the City of Palm Beach Gardens, Florida, a municipal corporation (hereinafter
"City"), District Four of the Florida Department of Transportation, an agency of the State of
Florida (hereinafter "FDOT"), and the Florida Department of Transportation Florida's Turnpike
Enterprise (hereinafter "FTE").
WITNESSETH:
WHEREAS, the County and Lester (hereinafter jointly referred to as "Applicants" are
joint applicants of that certain Development of Regional Impact (hereinafter "DRI") known as
the Scripps Florida Phase II/Briger DRI (hereinafter "Project") located on certain real property in
Palm Beach Gardens, Florida, as more particularly described on Exhibit A attached hereto
(hereinafter the "Property"); and
WHEREAS, the County and Lester desire to provide for proportionate share mitigation
payments pursuant to section 163.3180(12), and section 380.06, Florida Statutes, and Rule 9J-
2.045(7), Florida Administrative Code, to address the traffic impacts anticipated from
development of this Project throughout build-out; and
WHEREAS, the County and Lester seek approval of the DRI by the City, and a
certification of concurrency reservation for 2.6 million square feet of Industrial/R&D/biotech
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uses, 1.2 million square feet af office uses, 500,000 square feet of retail uses, 2,700 residential
units, and 300 hotel rooms for the Property mare sp�cificaliy described on Exhibit A; and
WHEREAS, the Property owned by the Lesters (hereinafter "Lester Property") described
on the attached Exhibit B seeks approval c�f and certificate of con�urrency reservation for the
following uses: 1.0 million square �eet of IndustriaUR.&D/biotech, 1.2 million square feet af
office uses, SOO,OOQ square feet ofretail, 2,700 residential units, and 3�q hotel rooms; and
WHEREAS, the pr�aperty described in the attached Exhibit C(hereinafter "County
Property"} seeks approvai of and certificate of concurrency reservation for the fallowing uses
which are consistent with the Grant Agreement between Palm Beach County and Scripps
Research Institute: 1.6 millian square feet of Industrial/R&D/b'rotech; and
WHEREAS, Lester and the +County have agreed that their respective share of the total
proportionate share obligation under this Agreement shall be 79.74 percent for the Lester
Property and 20.26 percei2t for the County Property as more fully set forth herein; and
WHEREAS, pursuant to section 1633180(12), and section 380.06, Florida Statutes, and
Rule 93-2.045(7), Florida Administrative Cade, FDOT, FTE, the County, and the City have
agreed to accept the Project's proportionate share payrnent as adequately rnitigating the
transportation impacts oi the Project on significantly im�acted state and regional roadways
within the respective jurisdiction of the foregoing through build-out. Payment of the Projeet's
proportionate share shall satisfy the transportation concurrency requirements of the Caunty and
City's Connprehensive Plan, concurrency management systems, traffic performance standards,
Section 380.06, and Chapter 1b3.3180 as may t�e amended fram time to tirne; and
W�IER.EAS, the approved traffic study for the DRI identifies the timing and
development phasing for the required proportionate share payments; and
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WHER.EAS, the payment schedule contained in this Agreement provides far the
County's Advance Payment at the beginning of the Project, County Property Fee payments upon
the issuance of Building Permits for vertical construction (hereinafter "Building Permits") on the
County Property, impact fee payments and proportionate share payments by phase for the
development of the Lester Property, and the reimbursement to the County of its Advance
Payment with interest at the end of the Project after the total required proportionate share
payment has been made; and
WHER.EAS, the payment requirements and schedule contained in this Agreement will
result in the amount of proportionate share payments made throughout the life of the Project
being in conformity with the schedule of payments contained in the approved traffic study.
NOW, THEREFORE, for and in consideration of these premises and ather good and
va�uable consideration, the receipt and sufficiency of whzch is hereby acknowledged, the County,
Lester, FDOT, FTE and the City, do hereby covenant, stipulate and agree as follows:
1. Incorporation of recitals. The foregoing recitals are true and correct and hereby
incorporated by the parties as part of this Ageement as if fully set forth herein.
2. Determination of proportionate share�ayments.
A. The parties hereto acknowledge and agree that the attached Table 1 contains the
proportionate share contribution required at each phase, the peak hour trip thresholds for each
phase, a priority list of improvements that are to be constructed and/or implemented to mitigate
transportation impacts, an identification of the government agency with maintenance
responsibility over each improvement, and the estimated cost of each improvement. Lester and
the County have agreed that each shall be responsible for a Part of the total proportionate share
contribution, with the obligation for the Lester Property contained in Paragraph 4.B. and the
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County Property obligation contained in Paragraph 4.C. FDOT, FTE, the County, and the City
acknowledge and agree that these payments adequately mitigate offsite transportation impacts of
the Project on all state and regional roadways through build-out, and sha11 be final and binding as
required by Section 163.3180(12), Florida Statutes, Chapter 3$0, Florida Statutes, and Chapter
9J-2.045, Florida Adrninistrative Code. The County and the City further acknowledge and agree
that, as long as payments are timely made consistent with this Agreement, payment of the
Project's proportionate share shall satisfy the transportation concurrency requirements of the
County and City's Comprehensive Plan, concurrency management systems, and traffic
performance standards. Lester and the County acknowledge and agree that the proportionate
share payments and the improvements listed in Table 1 do not include the committed developer
improvements for internal project roads and project intersection/entrance improvements along
Donald Ross Road, Hood Road and Grandiflora Road as specified in the adopted DRI
Development Order, and that development of the Project is phased to those improvements as
specified in the Development Order.
B. In recognition that construction prices may change over the life of the pxoject, any
portion of the Lestez' Property proportionate share not paid on or before January 1, 2011, shall be
subject to the following escalator calculation:
The cost adjustment for the total amount of each payrnent shall be based on the Bureau of Labor
Statistics Producer Price Index (PPI) for Highway and Street Construction Industries (BHWY-
Highway and Street Construction}. The starting point for the index comparison shall be January
2010. The payment shall be adjusted by the percentage change in the PPI from the January 2010
starting point to the most recently published PPI value (including preliminary values) at the time
of the proposed payment.
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C. Any portion of the County's Advance Payment pursuant to paragraph S.A not paid an
or before January 1, 2011, shall be subject to the same escalator calculatian contained in
paragraph 2.B.
3. Allocation and Timin�,of Project's pro�ortionate share pavments.
A. Ali proportianate share payments made pursuant ta this Agreement shall be rrxade
directly ta Palm Beach County. The parties hereto acknowledge and agree that praportionate
share payments received shall be allacated to the improvements in the priority order set forth in
Table 1, as it may be amended pursuant to paragraph 8. The County shall establish a separate
account {hereinafter "Praportionate Share Trust Aceount"} far xhe management and disposition
of proportionate share payments, which shall be distributed to the appropriate governmental
agency consistent with the terrrzs of this Agreement.
B. The monies allocated to the County far improvements in phases 1, 2 and 3 shall be
adjusted to include the full cost of the irnprovements, including but not limited to ciesign costs,
right-of-way acquisition, construction a�id consiruction engineering inspection. As long as there
are suificient funds in the Proportionate Share Trust Account for all or part of these
irnprovements and all prececling improvements (including the applxcable portian of the
FTEIFDC?T Reserv� Funds, as defined in paragraph 3.D. below), the County shall be authorized
to withdraw the estimated cost for each phase of each improvement according to the following
schedule:
i. For design, no saoner than 30 days priar to award of a design contract for the
improvement, and
ii. For right of way acquisiiion, no saoner than 30 days following subrnittal of 65 percent
design p�ans by the design consultant, and
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iii. For construction, no soaner than 30 days prior to award af a construction cantract for
the improvement.
Upon completion of an improvement, if the actual cost of the impr�vement exceeded the funds
withdrawn hy the County, the County shall be authorized to withdraw additional funds fram the
Froportionate Share Trust Account up to the difference. Tf the actual cost of all phases of the
improvement is less than the funds withdrawn by the County, the County shall rettun excess
funds to the Praportionate Share Trust Account. If there are not sufficient funds in the
Proportionate Share Trust Account for any phase of these improvements, the County shall have
the optian ta advance the payment and then withdraw funds far expenses incurred when funds
become available. The County shall establish estimated costs for right of way acquisition and
construction upon receipt of 96 percent design plans for each af these improvements and reserve
these funds in the Proportionate Share Trust Account (hereinafter "Reserve Funds").
C. The monies allocated to the City for improvements in phases 3 and 4 shall be adjusted
by the escalator percentage applied to the Lester phase 3 and phase 4 proportionate share
payments, respectively, pursuant to paragraph 2,B. As long as there are sufficient funds in the
Proprrrtionate Share Trust Aecount for all or a part af the City irnprovements and all preceding
irnprovements (including the Reserve Funds and the applicable portion(s) of the FTE/FDOT
Resez-ve Funds, as deiined in Paragraph 3.D. below), the City shall be autharized to withdraw
funds for its improvements in the priority order shown in Table 1, as it znay be amended pursuant
to paragraph 8. The City may elect to make a partial withdrawal based on availability of funds
and then withdraw the balance of its allocation when funds becozne available.
D. The monies ailocated to FTE and FDOT far irnprovements in phases 3 and 4 shall be
adjusted by the escalatox percentage applied to the Lester phase 3 and phase 4 proportionate
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share payments, respectively, pursuant to paragraph 2.B. As long as there are sufficient funds in
the propartianate Share Trust Account for an FTE or FDOT iznprovement and all preceding
improvements (including the Reserve Funds), and FTE or FDOT can demonstrate that its own
funds were expenaed in the canstruction of its respective impravement(s) in Table l, FTE ar
FD4T shall be authorized to withdraw the funds for their respective improvements in the priar�ty
order shown in Table l, or as arnended pursuant to paragraph 8. The withdrawal amount shall be
the actual funds expended or the allocated amount in Table 1 after escalator adjustrnent,
whichever is less. If FTE or FDOT is not eligible to withdraw funds at the time funds are
available for a specific improvement, the allocaied funds in Table 1 for that improvement shall
be reserved in the Proportionate Share Trust Account (hereinafter "FTE/FD4T Reserve Funds").
FTE ar FDOT shall have eighteen (18) rnonths from the time the trip threshold far the phase
preceding the improvement is exceeded ta demonstrate fhat the allocated funds and the
associated improvement have been programmed in the FDOT 5-Year Work Program and another
five {5) years to demonstrate that funds have been expended towards the improvement, or the
allocated fund� in Table 1 shall be forfeited and the allocation of funds shall proceed to the next
unfunded improvemenE in Table 1.
E. The monies allacated to the County for intersection improvements in phase 4 shall be
the total proportionate share paymei�t for the Project af�er escalator• adjustments, including any
accrued interest in the Proportionate Share Tzust Accoun,t, less the monies allocated for all other
impravements in Table 1 as it may be amended pursuant ta para�raph $. As long as ihere are
remaining funds in the ProportiQnate 5hara Trust Accaunt for intersection irnprovements and all
preceding improvements (including the Reserve Funds and the FTE/FDOT Reserve Funds}, the
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County shall be authorized to withdraw the funds for these improvements in the priority order
shown in Table 1 as it may be amended pursuant to paragraph 8.
F. FDOT, FTE, the County and the City acknowledge and agree that, as long as the
payments are timely made under this Agreement, the payment amounts set forth in Table l, as
adjusted pursuant to paragraphs 2.B. and 2.C., adequately mitigate the transportation impacts of
the Project on all state and regional roadways through Project buildout. FDOT, FTE, the County
and the City agree that the contributed monies received by each entity shall only be used for
improvements listed in priority order in Table l, as it may be amended pursuant to paragaph 8.
If the adjustments to distributed monies in paragraph 3.B. above result in ir�adequate funds ta
complete all improvements shown in Table 1, the available funds shall be allocated to each entity
in the priority order in Table 1 until exhausted. Each entity agrees to expeditiously apply the
received money to construction and/or implementation of the listed improvements. Delay of
improvements or revisions to the improvemen.ts shall have no bearing on the ability of the
Applicants to pull building permits or develop the DRI.
G. The County shall immediately notify the City in writing whenever a proportionate
share payment is made by or received by the County. The notice shall include the date the
payment was made or received and the amount of the payment. For County road impact fees and
County Property Fees collected and deposited in the Proportionate Shaxe Trust Account pursuant
to Paragraphs 4.C., 6.A., and 6.B., the County shall notify the City twice per year, and
additionally upon written request, of the amount deposited in the Proportionate Share Trust
Account from these County road impact fees and County Property Fees.
4. Pro�ect thresholds, timin�of �ayment,
:
A. The Project trip thxesholds and proportionate share payments shall be tracked
independently for the Lester Property and the County Property as shown in Table l. However,
the cumulative trips associated with both Properties may only exceed the cumulative trips for a
given phase if the total proportionate share payments received (including the County's Advance
Payment) meet or exceed the curnulative required Proportionate Share payment for the
subsequent phase.
B. The Lester Property shall be responsible for a total of $17,i07,143 of the total
proportionate share payment of $22,206,099. All payments made after January 1, 2011, shall be
subject to the escalator provision set forth in Paragraph 2.B. As to the Lester Property: (i) No
Building Permits shall be issued for the Lester Property until the Lester Part of proportionate
shaxe Payment One in the annount of$350,779 is paid to Palm Beach County as set forth in Table
1. The Lester Property shall receive a credit for road impact fees in this amount upon receipt of
the payment. {ii) Building Permits shall not be issued for uses generating more than 1,244 net
AM peak hour trips or 2,036 net PM peak hour trips for the Lester Property until the Lester Part
of proportionate share Paytnent Two in the amount of $4,182,614.00 is paid to Palm Beach
County as set forth in Table 1. The amount due shall be reduced by the amount of road impact
fees paid through the due date for this proportianate share payment. (iii) Building Permits shall
not be issued for uses generatin.g more than 1,993 net AM peak hour trips or 2,761 net PM peak
hour trips on the Lester Property until the Lester Part of proportionate share Payment Three in
the amount of $7,476,413,00 is paid to Palm Beach County. The amount due shall be reduced by
the amount of road impact fees paid through the due date for this proportionate share payment
that were not applied toward earlier proportionate share payments. (iv) Building Permits shall
not be issued for uses generating more than 2,546 net AM peak hour trips or 3,279 net PM peak
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hour trips on the Lester Praperty until the Lester Part of proportionate share Payment Four in the
amount af $5,697,338.00 is paid to Palm Beach County. The amount due shall be reduced by the
amount of road impact fees paid through the due date for this prap�rtionate share payment that
were not applied toward earlier proportionate share payments. The Lester Praperty shall receive
a credit fnr road impact fees equai ta the final amount of each propartionate share payment upon
receipt af the payment. Upon receipt af proportionate share Payment Four, the Lester Property
shall be deemed ta have met its obligation under this Agreement and shall be full� vested far
transportation concurrency purposes to develop the uses approved for the Lester Property,
C. The Caunty Property shall be responsible far a total of $4,49$,956 Qf the total
proportionate share payment af $22,206,099. Tl�� County's Advance Payment pursuant to
paragraph S,A, constitutes a prepayment of the proportionate share obligation, includin� the full
obligation for the County Property. In order to provide funds to reimburse the County for the
Advance Payment, development of the County Property shall be subject to the following fee: No
Building Perrnits shall be issued fc�r the County Property until the permit applicant mak�s a
payment to Palm Beach Caunty in the amount of $2.82 per gross square faot of
IndustriaUR&DJhiateci� building area included in the permit being sought (hereinafter "County
Property Fee"). This County Property Fee shall be increased at a rate of three (3) percent
compaunded annually starting on the date ths County makes the Advance Payment and
continuing through the date of the payment of the County Property Fee. If the permit contains
any development that is not considered IndustriaUR&D/biotech square footage, that square
%atage will be converted to its equivalent in Industrial/R&D/biotech square footage using the
DRI transpariation land use conversion Matrix for purposes of calculating the County Properfy
Fee owed for that building permit application. All County Property Fee payments shall be made
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directly to Palrn Beach County. The permit applieant must provide a receipt far payment of the
County Property Fee frozn Palm Beach �aunty to the City prior tQ the issuance of the building
permit. The receipt for payment of the County Property Fee must include the amount �f
development covered by the payment, the net AM peak hour trips and net PM peak hour trips
covered by the payment, and the amount c�f any additional impact fee or ather legislativ�ly
adopted alternative fee payment that must be paid prior ta the issuance of any building permit.
All County Praperty Fee payments received by the Caunty shall be deposited in the
Proportionate Share Trust Aecount. Once the County has collected $4,498,956 in unadjusted
County Froperty Fees (unadjusted County Property Fees are the �ounty Property Fees collected
at the base rate of $2.82 per square foot of Industrial/R&D/biatech and excludes any Caunty
Propert� Fees collected as a result of the three (3) percent increasa compounded amaually to the
base rate of $2.82 }, no further County Property Fee payments shall be required and the County
Property shall be deemed to have met its obligation under this Agreement and shall be fully
vested for transportatian concurrency purposes to develop the uses approved for the Caunty
Property.
D. In order to ensure that developrnent of a partian of the Project may continue without
limitatzon relating to future required proportianate share payments, a property owner may eiect to
prepay County road i�npact fees, prepay County Property Fees, or assi�m a County road impact
fee cr�dit obtained through a propc�rtionate share payment to a specific parcel(s). Prepaid
County road impact fees shall be paid to the City. Prepaid County Property Fees shall be paid to
the Cau�ty. The assignment of County impact fee credit must be provided in writing to the
County Impact Fee Coordinator with a capy to the County Traffic Director and must include the
specific parcel(s) receiviz�g the credit, the amount of the credit, the uses and intensities receiving
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the credit and the number of net AM peak hour trips and net PM peak hour trips associated with
the credit. The County shall notify the City in writing when a prepayment of County Property
Fees has occurred and when an assignment of County road impact fee credits has accurred. The
written notice from the County must include the specific parcel covered by the prepayment or
assignment, the uses and densities/intensities associated with the prepayment or assignment, and
the number of net AM peak hour trips and net PM peak hour trips that are covered by the
prepayment or assignment.
E. The net AM peak hour trips and net PM peak hour trips generated by development
that has xeceived a building permit, prepaid County road impact fees or County Property Fees, or
had Caunty road impact fee credit specifically assigned to it shall be added together by the City
to calculate cunently utilized trips (hereinafter "Currently Utilized Trips"). Net AM peak hour
trips and net PM peak hour trips associated with prepaid County road impact fees, prepaid
County Property Fees or the assignment of County road impact fees shall not be considered
Currently Utilized Trips until the City issues a written confirmation specifying the amount of net
AM peak hour trips and PM peak hour trips that are recognized as Currently Utilized Trips,
Prior to issuing such written confirmation, net AM peak hour trips and net PM peak hour trips
covered by the prepayment of County road impact fees, prepayment of County Property Fees or
the assignment of County road impact fee credit shall be added to the Currently Utilized Trips in
order to determine if any threshold for making a proportionate share payment in Paragraphs 4.A.
(Total Project) or 4.B. (Lester Property) is exceeded. If any of the additional trips would result
in any threshold in Paragraphs 4.A. or 4.B being exceeded, the City shall issue the written
confirmation only for the amount of trips that do not exceed any threshold for rnaking a
proportionate share payrnent. Any trips resulting from the prepayrnent of impact fees, the
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prepayment of Caunty Property Fees, ar the assignment of impact fee credit that were not
confirmed as Currently Utilized Trips because a threshold far a proportionate share payment in
Paragraphs 4.A. ar 4.B. was exceeded shall be re-evaluated once the required proportionate share
payment is made, Develapment that is included in ihe Currently Utilized Trips may continue to
pull building permits without limitation rela�ing to any future required proportionate share
payments.
F. Prior to the issuance of any building permit for develo�ment not already included in
the Cuxrently Utilized Trips, net AM peak hour trips a�d net PM pea.k hour trips generated by
new development seeking building permits shall be added to the Currentiy Utilized Trips in order
ta determine if any threshold in Paragraphs 4.A. and 4.B. is exceeded. No building permits for
development that would exceed any threshold in Paragraphs �.A. and 4.B. shall be issned until
the required proportionate share payment is made.
5. Countv Advance PaYment.
A. The County has determined that a thriving biornedical 'zndustry is critical ta the
continued eeonomic development of Palm Beach Caunty and that suceessfu] develop�nent of the
Project will further advance this significant public interest. Tn recognition of this interest, the
County agrees to advance payment in the arn.ount of Six Million ($6,QOO,OQO) Dollars ("Advance
Payment") in order to expedite the improvement of Donald Ross Road from I-95 to Heights
Boulevard including necessary interchange improvements at Danald Ross Road and I-95. This
payment shall be made no later than 180 days after the effective date of the DRI Development
Order.
B. The County shall be entitled to repayrnent of the Advance Payznent plus interest at a
rate of three (3) percent compounded annually starting on January l, 2010 and continuing
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through the time of the repayment. Repayment may o�ly occur once the total proportianate
share payznent, which is $22,206,099 plus any additional adjustrnents based on the escalator
calculations in paragraphs 2.B. and 2.C. and including the Coun.ty's Advance Payment has been
received and depositeci in the Fraportionate Share Trust Account (hereinafter "Repayment
Funding Condition"). The County may oniy withdraw funds ir� the Proportianate Share Trust
Account that are in excess of the Repayment Funding Condition funds (hereinafter "E�ccess
Funds"), as repayment for its Advance Payment. In no event sha11 the County be entitled to use
any af the Repayment Funding Condition funds for reimbursement of the Advance Payment.
The County understands and acknowledges that there may no# he sufficient Excess Funds ta
cnver the full reimbursement,
b. Raad Im�act Fees.
A. The Lester Property shall be subject to Palm Beach County road impact fees pursuant
to Article 13 of the Unified Land Development Cade, as may be amended andlor replaced by
l�gislatively mandated suitable aiternative (e.g. mobility feej. Development on the Lester
Property will pay sach road impact fees begi�ing with the first buiiding permit �ess any credits
established through the payment af Propc�rtianate Share obligations. Until the full proportionate
share amaunt for the Lester Property has been paid, all impact fees or alternative f�es such as a
mobility fee collected by the County for this Project shall be depasited in the Froportionate Share
Trust Account.
B. Development on the County Property shall be subject ta Palm Beach County rflad
impact fees pursuant to Article 13 of the Unified Land Developrnent Code. The County Pro�erty
Fee shall be a credit against any impact fee or other legislatively adopted alternative fee. So long
as the County Property Fee due at time of issuance of building permit exceeds the road impact
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fee required for the same permit, no impact fee is paid. In the event that the road impact fee
payment or legislatively adopted alternative fee (e.g. mobility fee) required for a building permit
exceeds the amount required by this Agreement, the permit applicant shall be responsible for
paying the amount of the impact fee or other legislatively adopted alternative fee not offset by
the County Property Fee. Any impact fees, mobility fees or other legislatively adopted fees
collected by the County pursuant to this paragraph shall not be deposited in the Proportionate
Share Trust Account. The receipt issued by the County for payment of the County Property Fee
shall specify the amount of any impact fee or other legislatively adopted fee that must be paid
prior to the issuance of a building permit.
C. Any road impact fees due shall be collected by Palm Beach Gardens prior to issuance
of the building permit(s) requiring their payment. The City shall clearly identify these road
impact fees as relating to this Project and shall transfer them to Palxn Beach County. Until the
full proportionate share amount for the Lester Property has been paid, the County shall deposit
the fees collected pursuant to Paxagraph 6.A. in the Proportionate Share Trust Account.
7. Contribution in lieu of assessment %r off-site improvements. Northern Palm Beach
County Improvement District ("the District") has created its Unit of Development No. 2C ("Unit
No. 2C") which encompasses the Property and at some point in the future, the District may issue
bonds in order to finance the construction of on-site and off-site public infrastructure for the
benefit of some or all of the Property. In such event, the District and the other parties hereto
acknowledge that the County's timely payment of the $6,000,000 specified in Paragraph 5 for
construction of the therein identified off-site improvements shall for the purposes of the
District's Unit No. 2C: (a) constitute a capital contribution �n Iieu of a District assessment for the
District's construction of any of the off-site improvements described in attached Table 1, and (b)
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the Disfirict shall nt�t impose any Unit No. 2C assessments upon the County Property to pay far
the D'zstrict's construction, if any, of some or all of the �ff-site improvernents described in
attached Table l. The District's canditioned consent to and acceptance of the terms, provisians
and understandings set forth in this Para,graph 7 is attached hereta, identified as E�chibit D and
incorporated herein by this reference.
8. Reallocation of Proportiaz�ate Share Pavments to Alternative Improvements. The parties
recognize that aver the life of the Praject, changed conditions may result in an Improvement
identiited in Table 1 being unnecessary, pastponed to a later phase ar no langer financiatly
feasible. In ord�r to ensure all proportionate share funds are appiied to regionatty signiiicant
transportation improvements ta tnztigate the Project's impacts, FDOT, FTE, the County and ihe
City (hereinafter the "Government Parties°') may identify alternative improvements. �DOT,
�TE, the Caunty, and the Gity may reorder the priority of projects in Table 1 within and/or
between development phases or reallocate prapartionate share funds each has reeeived ta
alternative improvements upon written consent of all the Government Parties. Delay of
improvements or revisions to the improvements shall have no bearing on th.e ability of the
Applicani to pull building permits or develop the DRI.
9. Governing`.LawtBindin E� ffect., This Agreement shall be interpreted and governed by
Florida law in effect as of the date of This Agreernent, Each of lhe parties hereto warrants and
represents that this Agreement is valid, binding and enfarceable against them in accordance with
the tertns and �onditians 4f Florida law.
10. Remedies. The parties hereta shall have all rights and remedies provided hereunaer and
uz�der Florzda law with respect to the enfarcen�ent of this Agreement and hereby acknowledge
and agree that each party hereto sha31 have the riglat �nd rernedy to bring an action ar actions for
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specific performance and such ofiher equitable or injunctive relief as apprapriate or necessary to
enforce this Agreement. The parties agree that the venue far any enforcement action shall be the
Circuit Court in and for Palm Beach County.
11. Natice of Default. The parties acknowledge and agree that na party shall be considered
in default for failure to perform under this Agreement until such party has received written notice
specifyzng the nature of such default or failure to perform and said party fails to cure said de£ault
ax iails to perform within thirty (30) days of receipt of written notice.
I2. Notices. All notices which are required or permitted under this Agreement shall be given
to the parties by certified mail, return receipt requested, hand delivery, or axpress courier, and
shall be effective upon receipt when delivered to the parties at the addresses set farth herein
below (or such ather address as provided by the parties by written notice delivered in accordance
with this paragraph):
As to:
LESTER
Howard Lester
44 Cocaanut Row
Palm Beach, FL 33480
With copies to:
Alan Ciklin
Casey Cikli� Lubitz Martens & Q'Connell
Northbridge Tower i
51 S North Flagter Drive, Suite 1900
West Palm Beach, FL 33401
17
:. �
Chuck Lubitz
Casey Ciklin Lubitz Martens & O' Connell
Northbridge Tower I
S 15 North Flagler Drive, Suite 1900
West Palm Beach, FL 33401
PALM BEACH COUNTY
Shannon LaRocque, P.E.
Assistant County Administrator
Governmental Center
301 N Olive Ave.
West Palm Beach, FL 33401
With Copies to:
.�
Marlene Everitt, Esq.
Assistant County Attorney
Governmental Center
301 N Olive Ave.
West Palm Beach, FL 33401
Tanya McConnell, P.E.
Deputy County Engineer
2300 N Jag Road, Third Floor
West Palm Beach, FL 33411-2745
�:
CITY OF PALM BEACH GARDENS
City of Pa�m Beach Gardens
20500 Narth Military Traal
Palm Beach �ardens, FI 3341Q
Attn: City Manager
With a Copy to:
City af Palm Beach Gardens
l OS00 North Military Trail
Paim Beach Gardens, Fl. 33414
Attn: Gity Attorney
FL4RIDA DEPARTMENT OF TRANSPORTATION — DISTRICT FOUR
Florida Department of Transportation — District Four
3400 West Cvmmercial Baulevard
Fart Lauderdale, FL 33309
Attn: James A. Wolfe, P.E. (District Secretary)
FLORIDA DEPT. OF TRANSPORTATI�N — FLORIDA' S TURNPIKE ENTERPRISE
Jennifer Oison, P.E.
Deputy Executive Directar and Chief Operating 4fficer
Florida's Turnpike Ent�rprise
PO Bax 6134b9
Ocoee, FL 34761
13. Amendments. No amendment, modificatiQn or other changes in this Agreement shall be
binding t�pon the parties unless in writing executed 6y all of the parties.
�
l4. Successors and Assig�s Bound. The rights and obligations cantained in this Agreement
shall be binding upon and shall inure to the benefit of the successors and assigis of the parties
hereto, including any successor in title to the Lester Property, the County Property, or to all or
any part of either Property.
15. Incorporation into the DRI Development Order. This Agreement shall be attached as an
exhibit to the DRI Development Order and incorporated therein by reference.
16. Recordin�. This Agreement shall be recorded in the Public Records of Palm Beach
County at the joint applicants' expense.
17. Effective Date and Tollin�. This Agreement shall become effective upon the date it is
executed by the last party to it and the DRI Development Order necessary for its implementation
is effective. If the Development Order is tolled for a period of time pursuant to section
380.06(]9)(c), Florida Statutes, due to pendency of or administrative or judicial proceeding
relating to development permits, or the effectiveness of the development order is stayed by an
appeal or challenge filed pursuant to Section 380.07(3)-(5), Florida Statutes, the obligations
under this Agreement shall be tolled for the same periad of tizne.
18. Counterparts. This Agreement may be executed in any number of counterparts, each of
which, when executed and delivered, shall be an original, but all counterparts shall together
constitute duplicates of one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
in ma.nner and form sufficient ta bind them as of the date set forth herein below.
�
[THIS PAGE INTENTIONALLY LEFT BLANK]
21
Signed, sealed and delivered in the presence of:
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(Witness Signature)
' ���.v �es F� - L� I� ��-z-
(Prin itness Signa e)
(Witness Signa ure)
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(Print Witness Signature)
(Witness Signature)
(Print Witness Signature)
(Witness Signature)
(Print Witness Signature)
(Witness Signature)
(Print Witness Signature)
(Witness Signature)
{Print Witness Signature)
�
22
THE LESTER FAMILY INVESTMENTS
L.P., a Delaware limited partnership
By: PHL Financial Consulting Co., Inc., as
General Partner
By: ll�,� ��
(Signature)
(Print Signatory's Name)
Its: 1_1'LS GoiT' .� . L...E� S� i'"
�res �c�a.� t�
RICHARD THALL
ROBERT THALL
0
Signed, sealed and delivered in the presence of:
(Witness Signature)
{Print Witness Signature)
(Witness Signature)
(Print Witness Signature)
(Witness Signature)
✓ X� �N � d��, x,� C �
(Print Witness Si�naturel
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(Wit ,e��Sig},ature)
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(Print Witness Signature)
(Witness Signature)
(Print Witness Signature)
(Witness Signature)
(Print Witness Signature)
22
THE LESTER FAMILY INVESTMENTS
L.P., a Delaware limited partnership
By: PHL Financing Consulting Co., Inc.,
as General Partner
By:
Its:
(Signature)
(Print Signatory's Name)
�'� � r'Ii /. � �
. ..� .
ROBERT THALL
Signed, sealed and delivered in the presence of:
(Witness Signature)
(Print Witness Signature)
(Witness Signature)
(Print Witness Signature)
(Witness Signature)
(Print Witness Signature)
(Witness Signature}
(Print Witness Signature)
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(Witness Signature)
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(Print Witness Signature)
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(Print Witness'Signature)
22
THE LESTER FAMILY INVESTMENTS
L.P., a Delaware limited partnership
By: PHL Financing Consulting Co., Inc.,
as General Partner
By:
(Signature)
(Print Signatory's Name)
Its:
RICHARD THALL
1 �
� �
ROBERT THALL
r
�
�
(Print Witness Signature)
(Witness Si,�nature)
✓ �_,-,�/ Q S'a (�.,�
(Print Witness Signature)
(Witness Signature)
(Print Witness Signature)
(Witness Signature)
(Print Witness Signature)
(Witness Signature)
(Print Witness Signature)
(Witness Signature)
(Print Witness Signature)
23
���K�
PETER L. BRIGER
PAUL H. BRIGER
THE DAVID MINKiN FLORIDA REALTY
TRUST
sy:
Its:
(Signature)
(Print Signatory's Name)
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(Print Witness Signature)
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(Print Witness Signahxre)
z3
PETER L. BRIGER
' i
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PAUL H. BRIGER
THE DAVID MINKIN FLORIDA REALTY
TIZUST
By:
Its:
(Signature)
(Print Siguatary's Name)
(Witness Signature)
(Print Witness Signature)
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(Witness
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23
PETER L. BRIGER
, ,� G,�.-
�'�`�'� � � U U � `-..
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PAUL . BRIGER
THE DAVID
TRUST
By:
Its:
(Sig�atu�e)
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FLORIDA REALTY
��cyl� �"^�> L(� S �1�,�--
(Print Signatory's Name)
' �1nS�
ATTEST:
SHARC�N R. BOCK
CLERK & C
�y
(SEAL)
WITNESSES:
Signature of'Witness
printed Name af Witness
Signattzre of Witness
Printed Name of Witness
� Z a� a��. o��� JAN I 2 Z(�i0
PALM BEACH CC)UNTY, FLORIDA, BY ITS
BOARD OF COUNTi' COMMISSIONERS
T-
4-��'vt.s �� Y r� '`'�:,
GU. ... ;. ,
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«���t�t�\\\�'i��'�` `•~
APPR4VED AS TO FORM AND
LEGAL SUFFICIENCY
By:
A}�pr�ved as to'�'erms
By:
F�!
Signature
Typed or Printed Name
Title/Position
ATTEST;-
CITY OF PALM BEACH GARDENS, FLORIDA,
A Florida Municipal Corporation
By: -� - _ By:
Patricia Snider; MC, �ty Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY ,�
By:
Ma�c �cyKr�n, �ity Attorney
Date: � - l-10
25
WITNESSES:
Printed Name of Witness
Signature of Witness
ST�n� C. �3�.u�
Printed Name of Witness
.
FLORIDA DEPARTMENT
OF TRANSPORTATION — DISTRICT FOUR
�
B
�
26
A. Wolfe,
�
.E., District Secretary
7.oti0
WITNESSES:
� � �/ � / ���Ja a� u � �
� • I•
i .� 11 � � ,� �
Typed or Printed Name
,s, �,,,///
�
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�-� • ' -� .
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
FLORIDA'S TURNPIKE ENTERPRISE
By:
J
P.E.
ve Director
and Chief Operating Officer
Date: 1 ` � ( I l �
{Corporate Seal}
APPROVED AS TO FORM AND LEGALITY:
By:
Office of the Turnpike General Counsel
N:\TRAFFIC�Development Review�DRI�Briger Tract�Propnrtionate Share\SCRIPPS Prop Share Agmt 01-06-10.doc
27
Ci
Table 1
Proportionate Share Payment due at Net Cum. Tri s b Phase Prioritized A,�location of Pro ortionate Share Pa ments
Star# of Phase AM Peak FM Peak Responsible Estimated
Phase Lester Coun Total Lester Totai Lester Total Mobili Im ravements 6 Phase A enc Cost
1 $350,779� Note 2 $439,9Q3 1,204 1,369 2,43b 2,174 Donald Ross Rd from I-95 to Heights Blvd
I {widen, add 3`d SB left and 3`� WB left at I-95 SB COUNTY $6,000,0003
2 $4,182,b14 Note 2 $5,245,315 1,993 2,397 2,761 3,089 ramp intersection)
3 $7,47b,4131 Note 2 $9,375,988 2,546 3,176 3,27� 3,778 T�P�� �terchange Im�ravements �E $1,500,0004
(Indiantown Rd or PGA Bl}
Trolley/Cisculator System CITY $750,4004
Hood Rd from Parkside Dr to Central Bl COUNTY $1,500,0003
(41ane wi.dening)
Central BUHood Rd Intersection Improvements COUNTY $1,040,0003
{Add excl. right and 2nd left to N/S Approaches)
Central BUPGA Blvd Intersection Improvements 3
(Add 2°d SB left and 2�d SB right) C4UNZ'Y $2,SOO,OOQ
Trolley/Cixculator System CITY $81 i,2064
Indiantaw� Rd/I-95 Tntearchange FDOT $1,000,0004
(signalize/extend EB left turn lane)
4 $5,697,338 � Note 2 $7, i44,893 3,877 5,361 4,380 5,528 Trolley/Circulator System CITY $2,500,0004
Construct Park & Ride Lot (within study area) FD4T $1,SOQ,0004
Intersecrion Improvementss COIINI'Y $3,144,$936
�1�,70�,143 �4,498,9s6 �22,2a6,o99
Nates: 1. Actuat praportionate shaze payment for the Lester Property rnay be adjusted by the escalator clause in paragraph 2.B and may be reduced by the amount of road impact fees paid to Paim
Beach County through the due date for the proportionate share payment pursuant to paragra��h 4.B.
2. Palm Beach County will make the Advance Payment of $6,000,000, which may be adjusted by the escaiator clause in paragraph 2.C. Deveiapment on the Caunty Property will be
required to make County Praperty Fee payments prior to each building permit issued in the amount of $2.82 per square foot or as adjusted by paragraph 4.C.
3. The Actual cost of these irnprovements will be used to deterrnine the exact amount disbursed to the County.
4. These Estimated Costs will be adjusted by the escalator percentage applied to the Lester phase 3 and 4 prop share payments to deternune the exact amount disbursed to each entity.
5. Phase 4 Intersection Improvements may include: a) Donald Rass Rc�/Central Blvd; b) Dana�d Rass Rd/Mili#ary Trail; c) Danald Ross Rd/SR 811
6. The Estirnated Cost shali be adjusted to be the tota] praportionate share payrnent for the Praject after escalator adjusrinents, including any accrued interest in the Proportionate Share Trust
Account, Iess the manies allocated far all other improvements in Table 1.
SCRIPPS FLURIDA PHASE 1UBRIGER DRI
OVERALL LEGAL DESCRIPTION
THAT PORTION OF SECTIONS 26 AND 35, TOWNSHIP 41 SOUTH, RANGE
42 EAST, IN PALM BEACH CDUNTY, FLORIDA, DESCRIBED IN PARCEI.S AS
FOLLOWS:
COMMENC)NG AT THE NORTHEAST CORNER 4F SAID SECTION 26;
THENCE SOUTH 01°20'36" WEST ALONG THE EAST L1NE OF SAID
SECTION, A DISTANCE OF 75.Q2 FEET TO A POINT ON A LINE PARALLEL
WITH AND S4UTHERLY 75.00 FEET FROM THE NORTH LINE OF SAID
SECTION, SAID POINT BEING THE POINT OF BEGINNING, SAID P41NT
ALSO BEING ON THE SOUTH LINE OF DONALD ROSS ROAD; TFiENCE
SOUTH 01°20'36" WEST AI.ONG SAID EAST LINE, A DISTANCE OF 2544.53
FEET T4 THE NORTHEAST CC)RNER OF THE SOUTHEAST QUARTER (SE
1/4) QF SAIQ SECTION 26; THENCE SOUTH 01°17'32" WEST ALONG SAID
EAST LINE, A DISTANCE OF 2619.91 FEET TO THE NORTHEAST CORNER
OF SAID SECTION 35; THENCE SOUTH 00°48'03" WEST ALONG THE EAST
LINE OF SAID SECTI4N 35, A DISTANCE OF 1373.03 FEET TO THE NORTH
RfGHT-OF-WAY LINE (�F HOOD ROAD, AS DESCRIBED IN DEED BOOK
1146, PAGE 639, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
THENCE NURTH 88°06'S6" WEST ALONG SAID NORTH RIGHT-OF-WAY
LlNE, A DISTANCE OF 639.65 FEET TO THE EAST LiNE OF THE LAND
DESCRIBED PARCEL 280 B(2} IN THE ORDER OF TAKING RECORDED IN
OFFICIAL RECORD BOOK 4296, PAGE 1151 OF THE PUBLIC RECORDS UF
PALM BEACH COUNTY; THENCE ALONG THE BOUNDARY OF SAID
PARCEL 280 B{2), NORTH 01 °53'04" EAST, A DISTANCE OF 70.00 FEET;
THENCE NORTH 88°06'56" WEST, A DISTANCE OF 32.20 FEET; THENCE
NORTH 83°32'30" WEST, A DISTANCE OF 52.96 �EET; TNENCE NORTH
01°53'04" EAST, A DISTANCE OF 15.00 FEET; THENCE NORTH 83°32'30"
WEST, A DISTANCE OF 140.45 FEET; THENCE SOUTH 01°53'Q4" WEST, A
DISTANCE OF 15.00 FEET; THENCE NORTH 83°32'30" WEST, A DISTANCE
OF 308.19 FEET; THENCE NORTH 88°06'56" WEST, A DISTANCE OF 117.31
FEET; THENCE NORTH 00°49'08" EAST, A DISTANCE OF 291.34 FEET;
THENCE NORTH 89°10'S3" WEST, A DISTANCE OF 70.00 FEET TO THE
NORTHWEST CORNER O� SAID PARCEL 280 B(2), BEING ALSO ON THE
WEST LINE OF THE EAST 40.00 FEET OF THE NORTHWEST QUARTER (NW
1I4) OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 35;
THENCE NORTH OQ°49'08" EAST ALONG SAID WEST LINE, A DISTANCE OF
942.23 FEET TO THE NORTH LINE OF SA{D SECTION 35; THENCE NORTH
89°24'49" WEST ALONG SAIO NORTN LINE, A DISTANCE O� 65$.23 FEET
TO THE WES7 i.INE UF THE EAST 40.00 FEET OF THE WEST HALF (W 1/2)
UF THE NORTHWEST QUARTER (NW 1I4) OF THE NORTHEAST QUARTER
{NE 1/4) QF SAID SECTION 35; THENCE SOUTH 00°�9'41" WEST ALONG
SAID WEST LINE, A DISTANCE OF 549.73 FEET TO TNE NORTHEAST LINE
OF TH� LAND DESCRIBED IN PARCEL 280 A(1 } 4N SA1D ORDER OF TAKIi�G
Exhibit A Page 1 of 3
RECORDED IN SAID OFFICIAL RECORD BOOK 4296, PAGE 1151; THENCE
ALC�NG THE BOUNDARY OF SAID PARCEL 280 A(1), NORTH 28°00'OS"
WEST, A DISTANCE OF 626.p6 FEET T4 THE NORTH LINE OF SAID
SECTION 35; THENCE CONTINUE NORTH 28°00'09" WEST ALONG SAID
BOUNDARY, A DlSTANCE OF 3541.88 FEET; THENCE NORTH 24°00'09"
WEST ALONG SAID BOUNDARY, A DISTANCE 4F 546.72 FEET TO THE
BEGINNING OF A CURVE THEREIN, CONCAVE NORTHEASTERLY, HAVfNG
A RADIUS OF 5635.5$ FEET; THENCE NORTHWESTERLY, A DISTANCE OF
544.09 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
05°31'S4" TO A POINT OF TANGENCY; THENCE CONTINUE ALONG SAID
BOUNDARY, NORTH 98°28'15" WEST, A DISTANCE OF 543.08 FEET;
TNENCE NORTH 14°39'25" WEST, A DISTANCE OF 177.27 FEET; THENCE
NORTH 11 °29'21" EAST, A DISTANCE OF 190.36 FEET; THENCE NORTH
63°46'S1" EAST, A DISTANCE OF 990.36 FEET; THENCE NORTH 89°55'36°
EAST, A DISTANCE OF 301.88 FEET; THENCE NORTH 87°37'27" EAST, A
DISTANCE OF 296.35 FEET; THENCE NORTH 89°55'45" EAST, A DISTANCE
OF 302.02 FEET; THENCE NORTH 00°04'15" WEST, A DISTANCE OF 6.00
FEET TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN
PARCEL 2$0 B(3) IN SAID ORDER OF TAKiNG; THENCE ALONG THE
SOUTHERLY LINE OF SAID PARCEL 280 B(3), AS DESCRIBED iN OFFICIAL
RECORD BOOK 4296, PAGE 1151, SAID LINE ALSO BEING THE
S4UTHERLY RIGHT-OF-WAY LINE OF ADDITIONAL RIGHT-OF-WAY FOR
DONA�D ROSS ROAD AS DESCRIBED IN OF�ICIAL RECORD BOOK 21129,
PAGE 218, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
NORTH 89°55'45" EAST, A DISTANCE OF 1216.68 FEET; THENCE ALONG
SAID SOUTHERLY RIGHT-OF-WAY LINE, SOUTH 45°04'14" EAST, A
DlSTANCE OF 56.57 FEET; THENCE ALONG THE EAST LtNE OF SAID
ADDITIONAL RIGHT-OF-WAY, N�RTH 00°04'14" WEST, A DISTANCE O�
65.00 FEET TO SAID LINE PARALLEL WITH AND SOUTHERLY 75.00 FEET
FR4M THE NORTH LINE OF SAID SECTI(3N 2�; THENCE NORTH 89°55'46"
EAST ALONG SAID PARALLEL LINE, A DISTANCE UF 2369.16 FEET TO THE
POINT OF BEGINNING.
CONTAINING 475.31 ACRES, MORE OR LESS.
TOGETHER WITH THE FOLLOWING QESCRIBED PARCEL:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 26; THENCE
NURTH 00°36'37" EAST ALONG THE WEST LINE OF SAID SECTION, A
DISTANCE OF 4365.67 FEET TO THE SOUTHWESTERLY BOUNDARY OF
THE LAND DESCRIBED AS PARCEL 280 A(1) IN THE ORDER OF TAKING
RECORDED IN OFFICIAI. RECORD BOOK 4296, PAGE 1151 OF THE PUBLIC
RECORDS 4F SAID PALM BEACH COUNTY; THENCE AL4NG SAId
BOUNDARY SOUTH 34°23'37" EAST, A DISTANCE OF 112.80 FEET; THENCE
SOUTH 33°14'52" EAST, A DISTANCE OF 493.78 FEET ALONG SAID
BOUNDARY TO THE BEGINNING OF A CURVE THEREIN, CONCAVE
Exhibit A page 2 of 3
SOUTHWESTERIY, HAVING A RADIUS OF 11365.16 FEET; THENCE
SOUTHEASTERLY, A DISTANCE OF 813.16 FEET ALONG SAID CURVE,
THROUGH A CENTRAL ANGLE OF 04°05'58" TO A POINT OF TANGENCY;
THENCE SOUTH 29°08'54" EAST, A DISTANCE OF 1199.3p FEET; THENCE
SOUTH 28°00'09" EAST ALONG SAID BOUNDARY, A DISTANCE OF 2426.49
FEET TO THE S4UTH LINE OF SAID SECTION 26; THENCE CONTINUE
SOUTH 28°00'p9" EAST ALONG SAID BOUNDARY, A DISTANCE OF 1464.87
FEET; THENCE NORTH 89°04'14" WEST ALONG SAID BOUNDARY AND
ALONG THE NORTH LINE OF THE LAND DESCRIBED iN PARCEL 280 B{1)
OF SAID ORDER OF TAKING, A DISTANCE OF 339.10 FEET; THENCE
SOUTH 86°53'01" WEST ALONG SAID NORTH LINE, A DISTANCE OF 401.53
FEET TO THE N4RTHERLY �INE OF HO�D ROAD; THENCE NORTH
$8°06'56" WEST ALONG SAID NURTHERLY LiNE, A DISTANCE OF 518.05
FEET TO THE EAST �INE OF THE SOUTHWEST QUARTER (SW 1/4) OF THE
NORTHEAST QUARTER (NE 1/4) OF THE NORTHWEST QUARTER (NW 1/4)
OF SAID SECTION 35; THENCE N�RTH 00°50'35" EAST ALONG SAID EAST
LINE, A DISTANCE OF 628.52 FEET TO THE NORTHEAST CORNER OF SAID
SOUTHWEST QUARTER (SVU 1/4); THENCE NORTH 89°02'37" WEST, A
DISTANCE aF 858.29 FEET TO THE NORTHWEST CORNER OF SAID
SOUTHWEST QUARTER (SW 1/4); THENCE S4UTH �0°50'56" WEST ALONG
THE WEST LINE OF SAID SOUTHWEST QUARTER (SW 1/4), A DISTANCE
OF 617.85 FEET TO SAID NORTH LINE OF HOOD ROAD; THENCE NORTH
88°06'S6" WEST AIONG SA1D NORTH LINE, A DISTANCE OF 392.92 FEET
TO A POINT ON THE NORTH LINE OF THE FLORIDA'S TURNPIKE RIGHT-
OF-WAY AS DESCRIBED IN MINUTES �F THE ClRCUIT COURT BOOK 70,
PAGE 443, PALM BEACH COUNTY, FLORIDA; THENCE ALONG SAID
NORTH RIGHT-OF-WAY LINE FOR THE FOLLOWING FOUR [4J COURSES:
NORTH 01 °53'04" EAST, A DISTANCE OF 10.00 FEET; NORTH 88°06'56"
WEST, A DISTANCE OF 350.00 FEET; THENCE NORTH 83°2$'S3" WEST, A
DISTANCE OF 503.22 FEET; THENCE NORTH 89°00'28" WEST, A D{S7ANCE
OF 73.33 FEET TO THE WEST LINE OF SAID SECTION 35; THENCE NORTH
QO°51'38" EAST ALONG SAID WEST LINE, A DISTANCE OF 1204.18 FEET TQ
THE P41NT OF BEGINNING.
CONTAINING 206.38 ACRES, MORE OR LESS.
� � �� �
DATE OF SI NATURE
JONATHAN T. G{LBERT
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERT. NO. 5604
Exhibit A page 3 of 3
BRIGER DRI - LESTERIDAVID MINKIN TRUST PROPERTY
LEGAL DESCRIPTION
THAT PORTION OF SECTIONS 26 AND 35, TOWNSHIP 41 SOUTH, RANGE
42 EAST, IN PALM BEACH COUNTY, FLORIDA, DESCRIBED IN PARCELS AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26;
THENCE SOUTH 01°20'36" WEST ALONG THE EAST LINE OF SAID
SECTION, A DISTANCE OF 75.02 FEET TO A POINT ON A L1NE PARAL�EL
WITH AND SOUTHERLY 75.00 FEET FR�M THE NORTH �INE OF SAID
SECTION, SAID POINT BEING THE POINT OF BEGINNING, SAID POINT
ALSO BEING ON THE SOUTH LINE OF DONALD ROSS ROAD; THENCE
SOUTH 01°20'36" WEST ALONG SA1D EAST LINE, A DfSTANCE OF 2544.53
FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER (SE
1/4) OF SAID SECTION 26; THENCE SOUTH 01°17'32" WEST ALONG SAID
EAST LINE, A DISTANCE OF 2619.91 FEET TO THE NORTHEAST CORNER
OF SAID SECTION 35; THENCE SOUTH 00°48'03" WEST ALONG THE EAST
�INE OF SAID SECTION 35, A DISTANCE OF 1373.03 FEET TO THE NORTH
RIGHT-OF-WAY LINE OF HOOD ROAD, AS DESCRIBED IN DEED BOOK
1146, PAGE 639, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
THENCE NORTH 88°06'56" WEST ALONG SAID NORTH RIGHT-OF-WAY
LINE, A DISTANCE OF 639.65 FEET TO THE EAST LINE OF THE LAND
DESCRIBED PARCEL 280 B(2) IN THE ORDER OF TAKING RECORDED IN
OFFICIAL RECORD B40K 4296, PAGE 1151 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY; THENCE ALONG THE BOUNDARY OF SAID
PARCEL 280 B(2), NORTH 01 °53'04" EAST, A DISTANCE OF 70.00 FEET;
THENCE NORTH 88°06'56" WEST, A DISTANCE OF 32.20 FEET; THENCE
NORTH 83°32'30" WEST, A DISTANCE OF 52,96 FEET; THENCE NC?RTH
01 °53'04" EAST, A DISTANCE 4F 15.00 FEET; THENCE NORTH 83°32'30"
WEST, A DISTANCE OF 140.45 FEET; THENCE SOUTH 01 °53'04" WEST, A
D{STANCE OF 15.00 FEET; THENCE NORTH 83°32'30" WEST, A DISTANCE
OF 308.19 FEET; THENCE NORTH 88°06'56" WEST, A DISTANCE OF 117.31
FEET; THENCE NORTH 00°49'08" EAST, A DISTANCE OF 291.34 FEET;
THENCE NORTH 89°10'53" WEST, A DISTANCE OF 70.00 FEET TO THE
NORTHWEST CORNER OF SAID PARCEL 280 B(2), BEING ALSO ON THE
WEST LINE OF THE EAST 40.00 FEET OF THE NORTHWEST QUARTER (NW
1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 35;
THENCE NORTH 00°49'08" EAST ALONG SAID WEST LINE, A DISTANCE OF
942.23 FEET TO THE NORTH LINE OF SAID SECTION 35; THENCE NORTH
89°24'49" WEST ALONG SAID NORTH LINE, A DISTANCE OF 658.23 FEET
TO THE WEST LINE OF THE EAST 40.00 FEET OF THE WEST HALF (W 1/2)
OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER
(NE 1/4) OF SAID SECTION 35; THENCE SOUTH 00°49'41" WEST AL4NG
SAID WEST LINE, A DISTANCE OF 549.73 FEET TO THE NORTHEAST LINE
OF THE LAND DESCRIBED IN PARCEL 280 A(1) IN SAID ORDER OF TAKING
Exhibit "B", Page 1 of 5
RECORDED IN SAID OFFICIAL RECORD BOOK 4296, PAGE 1151; THENCE
ALONG THE BOUNDARY OF SAID PARCEL 280 A(1), NORTH 28°00'09"
WEST, A DISTANCE OF 626.06 FEET TO THE NORTH LINE OF SAID
SECTION 35; THENCE CONTINUE NORTH 28°00'09" WEST ALONG SAID
B4UNDARY, A DISTANCE OF 3541.88 FEET; THENCE NORTH 2�°00'09"
WEST ALONG SAID BOUNDARY, A DISTANCE OF 546.72 FEET TO THE
BEGINNING OF A CURVE THEREIN, CONCAVE N�RTHEASTERLY, HAVING
A RADIUS OF 5635.58 FEET; THENCE NORTHWESTERLY, A DISTANCE OF
544.09 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
05°31'S4" TO A POINT OF TANGENCY; THENCE CONTINUE ALONG SAID
BOUNDARY, NORTH 18°28'15" WEST, A DISTANCE OF 543.08 FEET;
THENCE NORTH 14°39'25" WEST, A DISTANCE OF 177.27 FEET; THENCE
NORTH 11°29'21" EAST, A DISTANCE OF 190.36 FEET; THENCE NORTH
63°46'51" EAST, A D{STANCE OF 190.36 FEET; THENCE NORTH 89°55'36"
EAST, A DISTANCE OF 301.88 FEET; THENCE NORTH 87°37'27" EAST, A
DISTANCE OF 296.35 FEET; THENCE NORTH 89°55'45" EAST, A DISTANCE
OF 302.02 FEET; THENCE NORTH 00°04'15" WEST, A DISTANCE OF 6.00
FEET TO THE SOUTHWESTERLY CC?RNER OF THE LAND DESCRIBED IN
PARCEL 280 B(3) 1N SAID ORDER OF TAKING; THENCE ALONG THE
SOUTHERLY LINE OF SAID PARCEL 280 B(3), AS DESCRIBED IN OFFICIAL
RECORD BOOK 4296, PAGE 1151, SAID LINE ALSO BEING THE
SOUTHERLY RIGHT-OF-WAY LINE OF ADDITIONAL RIGHT-OF-WAY FOR
DONALD ROSS ROAD AS DESCRIBED IN OFFICIAL RECORD BOOK 21129,
PAGE 218, PUBLIC RECORDS OF PALM BEACH COUNTY, F�ORIDA,
NORTH 89°55'45" EAST, A DISTANCE OF 1216.68 FEET; THENCE ALONG
SAID SOUTHERLY RIGHT-OF-WAY LINE, SOUTH 45°04'14" EAST, A
DISTANCE OF 56.57 FEET; THENCE ALONG THE EAST LINE OF SAID
ADDITIONAL RIGHT-OF-WAY, NORTH 00°d4'14" WEST, A DiSTANCE OF
65.00 FEET TO SAID LINE PARA�LEL WITH AND SOUTHERLY 75.00 FEET
FRC)M THE NORTH LINE OF SAID SECTION 26; THENCE NORTH 89°55'46"
EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 2369.16 FEET TO THE
POINT OF BEGINNING.
TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 26; THENCE
NORTH 00°36'37" EAST ALONG THE WEST LINE OF SAID SECTION, A
DISTANCE OF 4365.67 FEET TO THE SOUTHWESTERLY BOUNDARY OF
THE LAND DESCRIBED AS PARCEL 280 A(1) IN THE ORDER OF TAKING
RECORDED IN OFFICIAL RECORD BOOK 4296, PAGE 1151 OF THE PUBLIC
RECORDS OF SAID PALM BEACH COUNTY; THENCE ALONG SAID
BOUNDARY SOUTH 34°23'37" EAST, A DISTANCE OF 112.80 FEET; THENCE
SOUTH 33°14'S2" EAST, A DISTANCE OF 493.78 FEET ALONG SAID
BOUNDARY TO THE BEGINNING OF A CURVE THEREIN, CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 11365.16 FEET; THENCE
SOUTHEASTERLY, A DISTANCE OF 813.16 FEET ALONG SAID CURVE,
Exhibit "B", Page 2 of 5
THROUGH A CENTRAL ANGLE OF 04°05'58" TO A POINT OF TANGENCY;
THENCE SOUTH 29°08'S4" EAST, A DISTANCE OF 1199.30 FEET; THENCE
SOUTH 28°00'09" EAST ALONG SAID BOUNDARY, A DISTANCE OF 2426.49
FEET TO THE SOUTH LINE OF SA1D SECTION 26; THENCE CONTINUE
SOUTH 28°00'09" EAST ALONG SAID BOUNDARY, A DISTANCE OF 1464.$7
FEET; THENCE NORTH 89°04'14" WEST ALONG SAID BOUNDARY AND
ALONG THE NORTH LINE OF THE LAND DESCRIBED IN PARCEL 280 B(1)
OF SAID ORDER OF TAKING, A DISTANCE OF 339.10 FEET; THENCE
SOUTH 86°53'01" WEST ALONG SAID NORTH LINE, A DISTANCE OF 401.53
FEET TO THE NORTHERLY LINE OF HOOD ROAD; THENCE NORTH
88°06'S6" WEST ALONG SAID NORTHERLY LINE, A DiSTANCE OF 518.05
FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER (SW 1/4) OF THE
NORTHEAST QUARTER (NE 1/4) OF THE NORTHWEST QUARTER (NW 1/4)
OF SAID SECTION 35; THENCE NORTH 00°50'35" EAST AI.ONG SAID EAST
LINE, A DISTANCE OF 628.52 FEET TO THE NORTHEAST CORNER OF SAID
SOUTHWEST QUARTER (SW 1/4); THENCE NORTH 89°02'37" WEST, A
DISTANCE OF 658.29 FEET TO THE NORTHWEST CORNER OF SAID
SOUTHWEST QUARTER (SW 1/4); THENCE SOUTH 00°50'S6" WEST ALONG
THE WEST LINE OF SAID SOUTHWEST QUARTER (SW 1I4), A DISTANCE
(�F 617.85 FEET TO SAID NORTH LINE OF HOOD ROAD; THENCE NORTH
88°06'56" WEST ALONG SAID NORTH LINE, A DISTANCE OF 392.92 FEET
TO A POINT ON THE NORTH LINE OF THE FLORIDA'S TURNPIKE RIGHT-
OF-WAY AS DESCRIBED IN MINUTES OF THE CIRCUIT COURT BOOK 70,
PAGE 443, PALM BEACH COUNTY, FLORIDA; THENCE ALONG SAID
NORTH RIGHT-OF-WAY LINE FOR THE FOLLOWING FOUR [4] COURSES:
NORTH 01 °53'04" EAST, A DISTANCE OF 10.00 FEET; NORTH 88°06'S6"
WEST, A DISTANCE OF 350.00 FEET; THENCE NORTH 83°28'53" WEST, A
DISTANCE OF 503.22 FEET; THENCE NORTH 89°00'28" WEST, A DISTANCE
OF 73.33 FEET TO THE WEST LINE OF SAID SECTION 35; THENCE NORTH
00°51'38" EAST ALONG SAID WEST LINE, A DISTANCE OF 1204.18 FEET TO
THE POINT OF BEGINNING.
LESS AND EXCEPT THE FOLLOWING:
SCRIPPS PARCEL I-- O.R.B. 21129, Pgs. 21$ & 229
THAT PORTION OF SECTION 26, TOWNSHIP 41 SOUTH, RANGE 42 EAST,
IN PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26;
THENCE SOUTH 89°55'48" WEST ALONG THE NORTH LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 26, A DISTANCE OF 2371.01
FEET; THENCE SOUTH 00°04'12" EAST, A DISTANCE OF 1280.00 FEET TO
A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST,
HAVING A RADIUS OF 1210.00 FEET; THENCE SOUTHEASTERLY ALONG
THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 10°02'48", AN
Exhibit "B", Page 3 of 5
ARC DISTANCE OF 212.17 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUE SOUTHESTERLY ALONG THE ARC OF SAID CURVE, CONCAVE
TO THE NORTHEAST, HAVING A RADIUS OF 1210.Q0 FEET, THROUGH A
CENTRAL ANGLE OF 33°57'12", AN ARC DISTANCE OF 717.04 FEET TO A
POINT OF TANGENCY; THENCE SOUTH 44°04'12" EAST, A DISTANCE OF
19.33 FEET; THENCE SOUTH OQ°55'48" WEST, A DISTANCE OF 56.57 FEET;
THENCE SOUTH 45°55'48" WEST, A DISTANCE OF 1046.96 FEET TO A
POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST,
HAVING A RADIUS OF 50.00 FEET; THENCE SOUTHWESTERLY ALONG
THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 53°07'48", AN
ARC DISTANCE OF 46.36 FEET TO A PO1NT OF REVERSE CURVATURE
WITH A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 100.00
FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH
A CENTRAL ANGLE OF 16°13'00", AN ARC DISTANCE OF 28.30 FEET TO A
POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 50.00 FEET; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 53°35'38", AN ARC DISTANCE OF 46.77 FEET TO A
POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 2376.96 FEET; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 33°26'46", AN ARC DISTANCE OF 1387.54 FEET TO
THE INTERSECTION WITH A RADIAI. LINE; THENCE NORTH 79°53'00" EAST
ALONG SAID RADIAL LINE, A DISTANCE OF 1166.96 FEET TO THE POINT
OF BEGINNING.
AND ALSO LESS AND EXCEPT:
SCRIPPS PARCEL II — O.R.B. 21129, Pqs. 218 & 229
THAT PORTION OF SECTION 26, TOWNSHiP 41 SOUTH, RANGE 42 EAST,
PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26;
THENCE SOUTH 89°55'48" WEST ALONG THE NORTH LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 26, A DISTANCE OF 2371.01
FEET; THENCE SOUTH 00°04'12" EAST, A DISTANCE OF �40.00 FEET TO
THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00°04'12" EAST, A
DISTANCE OF 1140.00 FEET TO A POINT OF CURVATURE OF A CURVE,
CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 1210.00 FEET;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH
A CENTRAL ANGLE OF 10°02'48", AN ARG DISTANCE OF 212.17 FEET TO
THE INTERSECTION OF A RADIAL. LINE; THENCE SOUTH 79°53'00" WEST
ALONG A L.INE RADIAL TO THE FOLLOWING CURVE, A DISTANCE OF
1166.96 FEET TO A POINT ON SAID CURVE, CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 2376.96 FEET; THENCE
Exhibit "B", Page 4 of 5
NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 10°02'48", AN ARC DISTANCE OF 416.79 FEET TO A
POINT OF TANGENCY; THENCE NORTH 00°04'12" WEST, A DISTANCE OF
1140.00 FEET; THENCE NORTH 44°55'47" EAST, A DISTANCE OF 56.57
FEET TO THE SOUTH RIGHT-OF-WAY LINE OF DONALD ROSS ROAD AS
DESCRIBED IN OFFICIAL RECORDS BOOK 4296, PAGE 1151, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH
89°55'47" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE AND EASTERLY
PROLONGATION, A DISTANCE OF 1086.96 FEET; THENCE SOUTH
45°04'12" EAST, A DISTANCE OF 56.57 FEET TO THE POINT BEGINNING.
C�NTAINING 611.69 ACRES, MORE OR LESS.
��� � L �
DATE OF SIGNATURE
��..:�1
. ''
JONATHAN T. GILB�RT
PROFESSIONAL SURVcYOR A�JD MAPPER
FLORIDA CERT. NO. �ot��+
**O.R.B. = OFFlCIAL RECORD BOOK (PALM BEACH COUNTY PUBLfC
RECORDS)
Exhibit "B", Page 5 of 5
SCRIPPS PARCELS - O.R.B. 21129, PG. 218 & 229
LEGAL DESCRIPTION
PARCELI
THAT PORTION OF SECTION 26, TOWNSHIP 41 SOUTH, RANGE 42 EAST,
IN PALM BEACH COUNTY, FL4RIDA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26;
THENCE SOUTH 89°55'48" WEST AL4NG THE NORTH LINE OF THE
NORTHEAST QUARTER OF SAID SECTlON 26, A DISTANCE OF 2379.01
FEET; THENCE SOUTH 00°04'12" EAST, A DISTANCE OF 128Q.00 FEET TO
A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST,
HAVING A RADIUS OF 1210.00 FEET; THENCE SOUTHEASTERLY ALONG
THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 10°02'48", AN
ARC DISTANCE OF 212.17 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUE SOUTHESTERLY ALONG THE ARC OF SAID CURVE, CONCAVE
TO THE NORTHEAST, HAVING A RADIUS OF 1210.00 FEET, THROUGH A
CENTRAL ANGLE OF 33°57'12", AN ARC DISTANCE OF 717.04 FEET TO A
POINT OF TANGENCY; THENCE SOUTH 44°04'12" EAST, A DISTANCE OF
19.33 FEET; THENCE SOUTH 00°55'48" WEST, A DISTANCE OF 56.57 FEET;
THENCE SOUTH 45°55'48" WEST, A DISTANCE OF 1046.96 FEET TO A
POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST,
HAVING A RADIUS OF 50.00 FEET; THENCE S�UTHWESTERLY ALONG
THE ARC OF SAlD CURVE, THROUGH A CENTRA� ANGLE OF 53°Q7'48", AN
ARC DISTANCE OF 46.36 FEET TO A POINT OF REVERSE CURVATURE
WITH A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 100.00
FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH
A CENTRAL ANGLE OF 16°13'00", AN ARC DISTANCE OF 28.30 F�EET TO A
POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 50.00 FEET; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 53°35'38", AN ARC DISTANCE OF 46.77 FEET TO A
POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 2376.96 FEET; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 33°26'46", AN ARC DISTANCE OF 1387.54 FEET TO
THE 1NTERSECTION WITH A RADIAL LINE; THENCE NORTH 79°53'00" EAST
ALONG SAID RADIAL LINE, A DISTANCE OF 1166.96 FEET TO THE POINT
OF BEGINNING.
CONTAINING 30.00 ACRES, MORE OR �ESS.
TOGETHER WiTH:
Exhibit "C", Page 1 of 2
PARCEL II
THAT PORTION OF SECTION 26, TOWNSHIP 41 SOUTH, RANGE 42 EAST,
PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26;
THENCE SOUTH 89°55'48" WEST ALONG THE NORTH LiNE OF THE
NORTHEAST QUARTER OF SAID SECTION 26, A DISTANCE OF 2371.01
FEET; THENCE SOUTH 00°04'12" EAST, A DISTANCE OF 140.00 FEET TO
THE POINT OF BEGINNING; THENCE CONTINUE SOUTH OQ°04'12" EAST, A
DISTANCE OF 1140.00 FEET TO A POINT OF CURVATURE OF A CURVE,
CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 1210.00 FEET;
THENCE SOUTHEASTER�Y ALONG THE ARC OF SAID CURVE, THROUGH
A CENTRAL ANGL.E OF 10°02'48", AN ARC DISTANCE 0� 212.17 FEET TO
THE INTERSECTION OF A RADIAL L1NE; THENCE SOUTH 79°53'00" WEST
ALONG A LINE RADIAL TO THE FOLLOWING CURVE, A DISTANCE OF
1166.96 FEET T4 A POINT ON SAID CURVE, CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 2376.96 FEET; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 10°02'48", AN ARC DISTANCE OF 416.79 FEET TO A
POINT OF TANGENCY; THENCE NORTH 00°04'12" WEST, A DISTANCE OF
1140.00 FEET; THENCE NORTH 44°55'47" EAST, A DISTANCE OF 56.57
FEET TO THE SOUTH RIGHT-OF-WAY LINE OF DONALD ROSS ROAD AS
DESCRIBED IN OFFICIAL RECORDS BOOK 4296, PAGE 1151, OF THE
PUBLIC RECORDS 4F PALM BEACH COUNTY, FLORIDA; THENCE NORTH
89°55'47" EAST ALONG SAID SOUTH RIGHT-OF-WAY L1NE AND EASTERLY
PROLONGATION, A DISTANCE OF 1086.96 FEET; THENCE SOUTH
45°04'12" EAST, A DISTANCE OF 56.57 FEET TO THE POINT OF
BEGINNING.
CONTAINING 40.00 ACRES, MORE OR LESS.
��z °Y I � o
DATE OF SIGNATURE
**O.R.B. _
RECORDS)
OFFICIAL
-_�
.___
JONATHAN T. GILBE�.1"
PROFESSIONAL SURVE'��R �.ND MAPPER
FLORIDA CERT. NO. 5604 ,
RECORD BOOK {PALM
Exhibit "C", Page 2 of 2
BEACH COUNTY PUBLIC
`., ,�.,...,._�.` � � �..� � � ,
� �
COT�SENT �AN'D ACCEPTANCE
iJOlOJJJff� r.e�
Northe�n Palm Beach County Improv�ment Disbrict (District), su ind�epmdent
special distiriet of the Stat� af Florida, created and aptrating in �ocord�a,et witb► the
pxti►visions of Chapte�r 2000-467, Laws of Florida, as �nendai and supplemGOted and
other appixcable pmvisians of Florida Statutes, does, by this insUniment, eousent to and
accept the t�rtns, conditions and undeistandings set forth in Fara�aph 7 oi the attached
Proportionate S�iare Agreement (Agrecment), pro�►ided, howevqc nathit� in the
,Agreement or thits iz�stniment shall obGgate the Distnict to fuad ox cons�nnut aay of the
refercnced an-site, of%sito ox alternative imprave�ents. Further, if in accord�anee with
Paragraph 8#here is a r�allocation of the County's proportionate sha�re payment or
substitution of one or more alternative impro�vem�nts for any of the off-site
umprovements specified in Paragraph 5 fox which such paymeut was to be used, this
Consent at�d Acceptauce shall thereupon r.ease to limit or restrict the Distr�ct's levy of
assessments upan the Caunty Property unul the District hes been able to satisfy any
applicable provisions of its enabling legislatian, staiutory requirpnents and/or contractual.
obligations that must bc addressed due to such changcs and. t�iereai%x executes and
approves a ner�► �onsent and Accepta�ce that establishes the description and cost of the
improvement(s) for which thc realaocation of the County's advancG pzoportion�te .�share
payment is atiribut�blc.
Executed by the undersigned authorized represont�tive of the Northern► Palm
Beach County Tmprovement i�istriet this 1`�ay of ��b�" ..> 2009.
Attest:
$�+:
I
' . (Di�trict Seal)
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RESOLUTION 80, 2009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA MAKING FINDINGS OF FACT AND
CONCLUSIONS OF LAW PERTAINING TO THE SCRIPPS FLORIDA
PHASE II/BRIGER TRACT DEVELOPMENT OF REGIONAL IMPACT
(DRI) AND CONSTITUTING THIS RESOLUTION AS THE DRI
DEVELOPMENT ORDER; PROVIDING FOR EXECUTION,
TRANSMITTAL AND IMPLEMENTATION; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE AND
EXPIRATION DATE; AND FOR OTHER PURPOSES.
WHEREAS, the City Council, as the governing body of the City af Palm Beach
Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, F/orida
Statutes, and the City's Land Development Regulations, is authorized and empowered
to consider petitions related to zoning and land development orders; and
WHEREAS, the City received petition PDRI-09-02-000002, containing an
Application for Development Approval (hereinafter "ADA") for a develapment of regional
impact known as the Scripps Florida - Phase IUBriger Tract Devetopment of Regional
lmpact, from The Lester Family Investments, L.P., Richard Thall, Robert Thall, Peter L.
Briger, Paul H. Briger, the David Minkin Florida Realty Trust dated December 12, 1996,
and Palm Beach County (hereinafter individually or collectively "Developer"); and
11VHEREAS, Ken Tuma of Urban Design Kilday Studios is the autho�ized agent;
and
WHEREAS, the Developer proposes to construct 2,600,000 square feet of
industrial/research and development/biotech, 1,200,000 square feet of office, 300 hotel
rooms, 500,000 square feet of retail development, and 2,700 dwelling units on
approximately 681 acres located south of Donald Ross Road, north of Hood Road, and
east and west of Interstate 95, as more particularly described herein, consistent with the
Master Plan for the Scripps Florida - Phas� II/Briger Tract DRI attached as Exhibit 1;
and
WHEREAS, the Developer, the City, District Four of the Florida Department of
Transportation, and the Florida Department af Transportation Florida's Turnpike
Enterprise have entered into a Proportionate Share Agreement dated April 1, 2010, in
order to meet the transportation requirements of the City's comprehensive plan and the
Palm Beach County Traffic Performance Standards (TPS) Ordinance. The
Proportionate Share Agreement, which is consistent with the requirements of Section
163.3180(12), Florida Statutes, and Rule 9J-2.045, Florida Administrative Code, is
incorporated herein and attached as Exhibit 2; and
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WHEREAS,
concurrently being
underlying zoning
Mixed Use; and
Resolution 80, 2009
the subject site is zoned Planned Development Area (PDA) but is
rezoned to Planned Community Development (PCD) overlay with an
of Mixed Use (MXD) and has a Future Land Use Designation of
WHEREAS, the DRI pe#ition was reviewed by the Planning, Zoning, and Appeals
Board on October 13, 2009, which recommended approval by a vote of 6-1; and
WHEREAS, the City Council has conducted a duly noticed public hearing on the
ADA for the Scripps Florida — Phase II/Briger Tract DRI on April 1, 2010, which was a
continuation of public hearings on January 14, 2010, and November 12, 2009; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Applicant and other interested parties and the recommendations of the
various City of Palm Beach Gardens' review agencies and staff and has received and
considered the Assessment Repart and recommendations of the Treasure Coast
Regional Planning Council (TCRPC); and
WHEREAS, the City Council deems approval of this Resolution to be in the best
interests of the health, safety, and welfare of the residents and citizens of the City of
Palm Beach Gardens and the public at large.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORlDA that:
SECTION 1. FINDINGS OF FACT
1. The foregoing recitals are hereby affirmed and ratified.
2. The proposed development is not in an area of critical state concern
designated pursuant to the provisions of Section 380.05, Florida Statufes.
3. The proposed development, upon adoption of the concurrent amendments
to the comprehensive plan and land development regulatians, is consistent with the City
of Palm Beach Gardens Comprehensive Plan and Land Development Regulations.
4. The proposed development is consistent with the report and
recommendations af the Treasure Coast Regional Planning Agency.
Plan.
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The proposed development is consistent with the State Comprehensive
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SECTION 2. CONCLUSIONS OF LAW
1. Based on the above findings, the proposed development meets the
requirements contained in Section 38Q, Florida Statutes.
2. The proposed development is consistent with the City's Comprehensive Plan
and Land Development Regulations.
3. The proposed development is consistent with the report and
recommendations of the Treasure Coast Regional Planning Council.
4. The proposed development is consistent with the State Comprehensive Plan.
SECTION 3. ORDER
The Scripps Florida — Phase 11/Briger Tract DRI, petition (PDRI-09-02-000002), is
hereby APPROVED for the following development, located on a 681-acre site, more or
less, as more particularly described herein, subject to the conditions of approval
contained in Section 4:
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2,600,000 square feet of industrial/research and developmenUbiotech;
1,200,000 square feet of office;
300 hotel rooms;
500,000 square feet of retail development; and
2,700 dwelling units.
LEGAL DESCRIPTION:
THAT PORTION
EAST, IN PALM
FOLLOWS:
OF SECTIONS 26 AND 35, TOWNSHIP 41 SOUTH, RANGE 42
BEACH COUNTY, FLORIDA, DESCRIBED IN PARCELS AS
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26; THENCE
SOUTH 01 °20'36" WEST ALONG THE EAST LINE OF SAID SECTION, A DISTANCE
OF 75.02 FEET TO A POINT ON A LINE PARALLEL WITH AND SOUTHERLY 75.00
FEET FROM THE NORTH LINE OF SAID SECTION, SAID POINT BEING THE POINT
OF BEGINNING, SAID POINT ALSO BEING ON THE SOUTH LINE OF DONALD
ROSS ROAD; THENCE SOUTH 01 °20'36" WEST ALONG SAID EAST LINE, A
DISTANCE OF 2544.53 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST
QUARTER (SE 1/4) OF SAID SECTION 26; THENCE SOUTH 01°17'32" WEST
ALONG SAID EAST LINE, A DISTANCE OF 2619.91 FEET TO THE NORTHEAST
CORNER OF SAID SECTION 35; THENCE SOUTH 00°48'03" WEST ALONG THE
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Resolution 80, 2009
1 EAST LINE OF SAID SECTION 35, A DISTANCE OF 1373.03 FEET TO THE NORTH
2 RIGHT-OF-WAY LINE OF HOOD ROAD, AS DESCRfBED IN DEED BOOK 1146,
3 PAGE 639, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORlDA; THENCE
4 NORTH 88°06'S6" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE
5 OF 639.65 FEET TO THE EAST LINE OF THE LAND DESCRIBED AS PARCEL 280
6 B(2) IN THE ORDER OF TAKING RECORDED IN OFFICIAL RECORD BOOK 4296,
7 PAGE 1151 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY; THENCE
8 ALONG THE BOUNDARY OF SAID PARCEL 280 B(2), NORTH 01°53'04" EAST, A
9 DISTANCE OF 70.00 FEET; THENCE NORTH 88°06'56" WEST, A DISTANCE OF
10 32.20 FEET; THENCE NORTH 83°32'30" WEST, A DISTANCE OF 52.96 FEET;
11 THENCE NORTH 01 °53'04" EAST, A DISTANCE OF 15.00 FEET; THENCE NORTH
12 83°32'30" WEST, A DISTANCE OF 140.45 FEET; THENCE SOUTH 01 °53'04" WEST,
13 A DISTANCE OF 15.00 FEET; THENCE NORTH 83°32'30" WEST, A DISTANCE OF
14 308.19 FEET; THENCE NORTH 88°06'S6" WEST, A DISTANCE OF 117.31 FEET;
15 THENCE NORTH 00°49'08" EAST, A DISTANCE OF 291.34 FEET; THENCE NORTH
16 89°10'53" WEST, A DISTANCE OF 70.00 �EET TO THE NORTHWEST CORNER OF
17 SAID PARCEL 280 B(2), BEING ALSO ON THE WEST LINE OF THE EAST 40.00
18 FEET �F THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER
19 (NE 1/4) OF SAID SECTION 35; THENCE NORTH 00°49'08" EAST ALONG SAID
20 WEST LINE, A DISTANCE OF 942.23 FEET TO THE NORTH LINE OF SAID
21 SECTION 35; THENCE NORTH 89°24'49" WEST ALONG SAlD NORTH LINE, A
22 DISTANCE OF 658.23 FEET TO THE WEST LINE OF THE EAST 40.00 FEET OF THE
23 WEST HALF (W 112) OF THE NORTHWEST QUARTER (NW 1/4) OF THE
24 NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 35; THENCE SOUTH 00°49'41"
25 WEST ALONG SAID WEST LINE, A DISTANCE OF 549.73 FEET TO THE
26 NORTHEAST LINE OF THE LAND DESCRIBED IN PARCEL 280 A(1) IN SAID
27 ORDER OF TAKING RECORDED IN SAID OFFICIAL RECORD BOOK 4296, PAGE
2$ 1151; THENCE ALONG THE BOUNDARY OF SAID PARCEL 280 A(1), NORTH
29 28°00'09" WEST, A DISTANCE OF 626.06 FEET TO THE NORTH LINE OF SAID
30 SECTION 35; THENCE CONTINUE NORTH 28°00'09" WEST ALONG SAID
31 BOUNDARY, A DISTANCE OF 3541.88 FEET; THENC� NORTH 24°00'09" WEST
32 ALONG SAID BOUNDARY, A DISTANCE OF 546.72 FEET TO THE BEGINNING OF A
33 CURVE THEREIN, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 5635.58
34 FEET; THENCE NORTHWESTERLY, A DISTANCE OF 544.09 FEET ALONG SAID
35 CURVE, THROUGH A CENTRAL ANG�E OF 05°31'54" TO A POINT OF TANGENCY;
36 THENCE CONTINUE ALONG SAID BOUNDARY, NORTH 18°28'15" WEST, A
37 DISTANCE OF 543.08 FEET; THENCE NORTH 14°39'25" WEST, A DISTANCE OF
38 177.27 FEET; THENCE NORTH 11 °29'21" EAST, A DISTANCE OF 190.36 FEET;
39 THENCE NORTH 63°46'51" EAST, A DISTANCE OF 190.36 FEET; THENCE NORTH
40 89°55'36" EAST, A DISTANCE OF 301.88 FEET; THENCE NORTH 87°37'27" EAST, A
41 DISTANCE OF 296.35 FEET; THENCE NORTH 89°55'45" EAST, A DISTANCE OF
42 302.02 FEET; THENCE NORTH 00°04'15" WEST, A DISTANCE OF 6.00 FEET TO
43 THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN PARCEL 280 B(3)
44 IN SAID ORDER OF TAKING; THENCE ALONG THE SOUTHERL.Y LINE OF SAID
45 PARCEL 280 B(3), AS DESCRIBED IN OFFICIAL RECORD BOOK 4296, PAGE 1151,
46 SAID LINE ALSO BEING THE SOUTHERLY RIGHT-OF-WAY LINE OF ADDITIONAL
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Resolution 80, 2009
RIGHT-OF-WAY FOR DONALD ROSS ROAD AS DESCRIBED IN OFFICIAL RECORD
BOOK 21129, PAGE 118, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
NORTH 89°55'45" EAST, A DISTANCE OF 1216.68 FEET; THENCE ALONG SAID
SOUTHERLY RIGHT-OF-WAY LINE, SOUTH 45°04'14" EAST, A DISTANCE OF 56.57
FEET; THENCE ALONG THE EAST LINE OF SAID ADDITIONAL RIGHT-OF-WAY,
NORTH 00°04'14" WEST, A DISTANCE OF 65.00 FEET TO SAID LINE PARALLEL
WITH AND SOUTHERLY 75.00 FEET FR4M THE NORTH LINE OF SAID SECTlON
26; THENCE NORTH 89°55'46" EAST ALONG SAID PARALLEL LINE, A DISTANCE
OF 2369.16 FEET TO THE PO1NT OF BEGINNING.
CONTAINING 475.31 ACRES, MORE OR LESS.
TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 26; THENCE
NORTH 00°36'37" EAST ALONG THE WEST LINE OF SAID SECTION, A DISTANCE
OF 4365.67 FEET TO THE SOUTHWESTERLY BOUNDARY OF THE LAND
DESCRIBED AS PARCEL 280 A(1) IN THE ORDER OF TAKING RECORDED IN
OFFICIAL RECORD BOOK 4296, PAGE 1151 OF THE PUBLIC RECORDS OF SAID
PALM BEACH COUNTY; THENCE ALONG SAID BOUNDARY SOUTH 34°23'37"
EAST, A DISTANCE OF 112.80 FEET; THENCE SOUTH 33°14'S2" EAST, A
DISTANCE OF 493.78 FEET ALONG SAID BOUNDARY TO THE BEGINNING OF A
CURVE THEREIN, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 11365.16
FEET; THENCE SOUTHEASTERLY, A DISTANCE OF 813.16 FEET ALONG SAID
CURVE, THROUGH A CENTRAL ANGLE OF 04°05'58" TO A POINT OF TANGENCY;
THENCE SOUTH 29°08'54" EAST, A DISTANCE OF 1199.30 FEET; THENCE SOUTH
28°00'09" EAST ALONG SAID BOUNDARY, A DISTANCE OF 2426.49 FEET TO THE
SOUTH LINE OF SAID SECTION 26; THENCE CONTINUE SOUTH 28°00'09" EAST
ALONG SAID BOUNDARY, A DISTANCE OF 1464.87 FEET; THENCE NORTH
89°04'14" WEST ALONG SAID BOUNDARY AND ALONG THE NORTH LINE OF THE
LAND DESCRIBED IN PARCEL 280 B(1) OF SAID ORDER OF TAKING, A DISTANCE
OF 339.10 FEET; THENCE SOUTH 86°53'01" WEST ALONG SAID NORTH �INE, A
DISTANCE OF 401.53 FEET TO THE NORTHERLY LINE OF HOOD ROAD; THENCE
NURTH 88°06'56" WEST ALONG SAID NORTHERLY LINE, A DISTANCE OF 518.05
FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER (SW 1/4) OF THE
NORTHEAST QUARTER (NE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF
SAID SECTION 35; THENCE NORTH 00°50'35" EAST ALONG SAID EAST LINE, A
DISTANCE OF 628.52 FEET TO THE NORTHEAST CORNER OF SAID SOUTHWEST
QUARTER (SW 1/4); THENCE NORTH 89°02'37" WEST, A DISTANCE OF 658.29
FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER (SW 1/4);
THENCE SOUTH 00°50'56" WEST ALONG THE WEST LINE OF SAID SOUTHWEST
QUARTER (SW 1/4), A DISTANCE OF 617.85 FEET TO SAID NORTH LINE OF
H�OD ROAD; THENCE NORTH 88°06'56" WEST ALONG SA1D NORTH LINE, A
DISTANCE OF 392.92 �EET TO A POINT ON THE NORTH LINE OF THE FLORIDA'S
TURNPIKE RIGHT-OF-WAY AS DESCRIBED IN MINUTES OF THE CIRCUIT COURT
BOOK 70, PAGE 443, PALM BEACH COUNTY, FLORIDA; THENCE ALONG SAID
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Resolution 80, 2009
NORTH RIGHT-OF-WAY LINE FOR THE FOLLOWING FOUR [4] COURSES: NORTH
01 °53'04" EAST, A DISTANCE OF 10.00 FEET; NORTH $8°06'S6" WEST, A
DISTANCE OF 350.00 FEET; THENCE N�RTH 83°28'S3" WEST, A DISTANCE OF
503.22 FEET; THENCE NORTH 89°00'28" WEST, A DISTANCE OF 73.33 FEET TO
THE WEST LINE OF SAID SECTION 35; THENCE NORTH 00°51'38" EAST ALONG
SAID WEST LINE, A DISTANCE OF 1204.18 FEET TO THE POINT OF BEGINNING.
CONTAINING 206.38 ACRES, MORE OR �ESS.
SECTION 4. CONDITIONS OF APPROVAL
This approval is subject to the fo{lowing conditions, which shall be the
responsibility of the Developers and #heir successors or assigns:
Application for Development Approval
1. The Scripps Florida - Phase II/Briger Tract Development of Regional Impact
Application for Develapment Approval is incorporated herein by reference. It is relied
upon, but not to the exclusion of other available information, by the parties in
discharging their statutory duties under Chapter 380, Florida Stafufes. Substantial
compliance with the representations contained in the Application for Development
Approval, as modified by Development Order conditions, is a condition for approval.
Prior to final approval of any site plan application for the Scripps Florida - Phase
II/Briger Tract Development of Regional Impact, the Developer shall revise the
Application for Development Approval to ensure that the phasing schedule and
development plan are internally consistent within all sections of the Application for
Development Approval and Development Order.
For purposes of this condition, the Applicatian for Development Approval shall include
the following items:
a)
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Application for Development Approval dated January 16, 2009; and
Supp{emental information dated June 2009 and August 2009.
Commencement and Process of Development
2. In the event the Developer fails to commence construction within three
years from the effective date of the Development Order, development approval shall
terminate, and the development shall be subject to further Development of Regional
Impact review by the Treasure Coast Regional Planning Council, Florida Department of
Community Affairs, and City of Palm Beach Gardens pursuant to Section 380.06,
Florida Statutes. However, this time period shall be tolled during the pendency of any
appeal pursuant to Section 380.07, Florida Statutes. For the purpose of this paragraph,
construction shall be deemed to have commenced after placement of permanent
evidence of a structure (other than a mobile home) on a site, such as the pouring of
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Resolution 80, 2009
slabs or footings or any wark beyond the stage of excavation or land clearing, such as
the construction of roadways or other utility infrastructure.
Phasin
3. The following phasing
Development of Regional Impact
included in the answer to Question
for Develapment Approval.
Phase
1
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3
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Total
��T�'
2009-
2013
2014-
2018
2019-
2023
2024-
202$
2009-
2028
Industrial/
R�D/
Bio#ech
(SF)
300,000
400,000
400,000
1, 500, 000
table for the Scripps Florida - Phase II/Briger Tract
is based on information provided in Table 10-A,
10 — General Project Description, in the Application
O�ce
(SFj
100,000
Zoo,000
200,000
700,000
2,600,000 1,200,000
G�[l
(SF)
500,000
0
C
0
500,000
Residentia(
(DU)
:��
�c �
� �,
550
2,700
Hotel
{rooms)
ill
n
��
�
300
This table is not intended to restrict the amount or type of development by phase,
provided the Development Order in its entirety is followed. Rather, the amount and type
of development within each phase is only limited by the following maximum number of
trips for each phase. These trip amounts are cumulative (include trips from previous
phase), and were derived from the trips generated by the development program for each
phase fisted above. These trip totals were used to calculate the timing of proportionate
share payments and the timing of other required traffic improvements. The maximum
number o# trips for each phase is as follows:
Phase
�
�a
3
AM Peak-Hour Trips�
1,369
2,397
3,176
4 5, 361
� Cumu{ative net external trips
PM Peak-Haur Trips'
2,174
3,089
3,778
5,528
A phase is consid�red complete when eithe� the AM or PM Net External Peak-Hour trip
number for that phase is met.
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Resolution 80, 2009
Conversion and Transfer of Uses
4. No building permits shall be issued for more than 600 single-family dwelling
units, 1,400 townhouses, 70Q apartment units, 500,000 square feet of commerciai/retail
development, 2,600,000 square feet of industrial/research and development/biotech,
1,200,000 square feet of general office, and 300 hotel rooms. These approved uses
may be converted to different uses, including Hospitals and Post Secondary Schools,
through the use of the Land Use Conversion Matrices included as Exhibit 3. A
maximum of 20% of each of the referenced land uses may be increased or decreased,
e.g., a maximum of 240,000 square feet of general office can be converted to other land
uses, or a maximum of 240,000 square feet of general office can be converted from
other uses.
The use of the Land Use Conversion Matrices shall occur as an amendment to the PCD
Master Plan. The Department of Community Affairs and the Treasure Coast Regional
Planning Council must be provided with thirty (30) days' advance notice of any approval
of a PCD Master Plan amendment that contains a conversion of uses utilizing the Land
Use Conversion Matrices. Whenever a conversion of uses occurs through utilization of
the Land Use Conversion Matrices, an amendment to Map H to reflect that conversion
must be included in the next Notice af Proposed Change or Substantial Deviation
Application for Development Approval. Any use of the Land Use Conversion Matrices
shall be documented in the Biennial Report. The PCD Master Plan shall include a
description of all conversions of uses, whether accomplished through use of the Land
Use Conversion Matrices or an amendment to the DRI Development Order.
5. The City may approve the transfer of permitted uses between parcels east of
I-95, without substantial deviation review pursuant ta Chapter 380.06(19), Florida
Sfafufes, as specified below:
a) Up to 1,000,000 cumulative square feet of Office development may be
transferred from Parcel B to Parcels A and C; and
b) Up to 250,000 cumulative square feet af Retail development may be
transferred from Parcel C to Parcels A and B.
Any Office development transferred from Parcel B to Parcel C may not be converted to
any other use using the Land Use Conversion Matrices. The transfer of permitted uses
authorized by this condition shall occur as an amendment to the PCD Master Plan. As
part of the application for an amendment to the PCD Master Plan that transfers uses
pursuant to this condition, a traffic study re-evaluating driveway volumes shall be
submitted to the City. The City will forward the study to Palm Beach County for its
review. If the County determines that the proposed transfer would necessitate different
improvements to those listed in the DRI conditions, the transfer shall not be approved
until the DRI Development Order is amended to authorize the proposed transfer and
modify the DRI conditions of approval. Whenever a transfer of uses pursuant to this
condition occurs, an amendment to Map H to reflect the transfer must be included in the
.
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Resolution 80, 2009
next Notice of Proposed Change or Substantial Deviation Application for Development
Approval.
Buildout Date
6. The Scripps Florida - Phase IUBriger Tract Development of Regional Impact
shall have a buildout da#e of December 31, 2028, unless otherwise amended pursuant
to the conditions of this Development Order and Section 380.06, Florida Stafutes.
Termination Date
7. This Development Order shali expire on December 31, 2035, unless
extended as provided in Section 380.06(19)(c), Florida Statutes.
Transfer of Approval
8. Notice of transfer of all or a portion of the subject property shall be filed with
the City of Palm Beach Gardens. Prior to transfer, the transferee shall assume, in
writing on a form acceptable to the City Attorney, any and all applicable commitments,
responsibilities, and obligations pursuant to the Development Order. The intent of this
provision is to ensure that subsequent property transfers do not jeopardize the unified
control, responsibilities, and obligations required of the project as a whole.
Biennial Report
9. The biennial report required by Subsection 380.06(18), Florida Statutes,
shall be submitted every two years on the anniversary date of the adoption of the
Development Order and continued every other year thereafter to the City of Palm Beach
Gardens, Palm Beach County, Florida Department of Transportation, Treasure Coast
Regional Planning Council, Florida Department of Community Affairs, and such
additional parties as may be appropriate or required by law. The City of Palm Beach
Gardens Growth Management Administrator shall be the local official assigned the
responsibility for monitoring the development and enforcing the terms of the
Development Order. The contents of the report shall inc{ude those items required by
Section 5 of this Development Order and Rule 9J-2.025(7), Florida Administrative Code,
and in addition shall include:
a) the status af the mobility improvements identified in the Proportionate Share
Agreement (Exhibit 2);
b) the amount of Currently Utilized Trips for development, as that term is
defined in Paragraph 4.E. of the Proportionate Share Agreement (Exhibit 2);
c) the status of the proportionate share payments required under Paragraph
4B and Paragraph 5A of the Proportionate Share Agreement (Exhibit 2);
�
1 d) the amount
2 approved during
3 plan approvals;
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Resolution 80, 2009
of new net external AM and PM peak-hour trips for site plans
the reporting period and cumulatively for all currently-valid site
e) the conversion of land uses using the Land Use Conversion Matrices, if any,
during the current two-year period as well as cumulative land use conversions;
and
fl traffic signal warrant analysis and status for the intersections listed in
Condition 30.
General Provisions
10. Any modifications or deviation from the
this Development Order shall be made according to
the requirements of Section 380.06(19), Florida
Administrative Code.
approved plans or requirements of
and processed in compliance with
Statutes, and Rule 9J-2, Florida
11. The definitions found in Chapter 380, Florida Statutes, shall apply to this
Development Order.
12. Reference herein to any governmental agency shall be construed to mean
any future instrumentality that may be created or designated as a successor in interest
to, or which otherwise possesses the powers and duties to any referenced
governmental agency in existence on the effective date of this Development Order.
13. This Development Order shall be binding upon the Developer and its
assignees or successors in interest.
Master Development Plan
14. Parcel A, the Scripps Campus District, is approved for 1,600,000 square
feet of Industrial/Research and DevelopmenUBiotech. The Industrial/Research and
Development/Biotech square footage includes biotechnology/pharmaceutical/biomedical
and other intellectually-based research and development facilities, administrative
offices, classrooms, lecture halls, conference rooms, cafeterias, fitness facilities, and
ancillary commercial/retail uses (up to 5%). Non-Industrial/Research and
Development/Biotech uses are permitted on Parcel A, consistent with the PCD
Development Order, through use of the Land Use Conversion Matrices contained in
Exhibit 3, subject to the general limitations contained in Condition 4 and the following
specific limitation. Neither the Land Use Conversion Matrices nor Condition 66 may be
used to convert any of the Industrial/Research and DevelopmentlBiotech square
footage to residential or retail development or a church.
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Resolution $0, 2009
15. Parcel B, the Biotech District, is approved for 1,000,000 square feet of
IndustriaUResearch and Development/Biotech, 1,200,000 square feet of Office, and 300
Hotel Rooms. The Industrial/Research and Development/Biotech square footage
includes biotechnology/pharmaceutical/biomedical and other intellectually-based
research and development facilities, administrative offices, classrooms, lecture halls,
conference rooms, cafeterias, fitness facilities, ancillary commercial/retail uses (up to
5%), and dorms and residential halls. The Office uses permitted include general and
medical and veterinarian offices. However, since the traffic analysis only included
generai office, any medical or veterinary office uses can only occur through the
conversion of general office square footage using the fallowing conversion rate:
Conversion Rate from General Office (per 1,000 SF) to Medical
O�ceNeterinary (per 1,000 SF) is 2.5968.
Examples:
1. If you want to convert general office to 100,000 square feet of inedical office, multiply 100,000 by
2.5968.
Result: 100,000 square feet of inedical office x 2.5968 = 259,680 square feet of general affice
Thus, general office would need to be reduced by 259,680 square feet in order ta create 100,000
square feet of inedical o�ce/veterinary office.
2. If you want to know how many square feet of inedical office can be built if you eliminate 100,000
square feet of general office, divide 100,000 by 2.5968.
Result: 100,000 square feet of o�ce divided by 2.5968 = 38,509 square feet of inedical office.
Thus, 38,509 square feet of inedical office could be created by reducing general office by
100,000 square feet.
This conversion rate is based on the lowest value of conversion from the difference in
net external AM peak-hour and PM peak-hour trips between general office and medical
or veterinary office uses. The conversion of general office to medical office/veterinary
permitted by this condition shall occur as an amendment to the PCD Master Plan.
Should the Developer desire to undo a previous conversion made pursuant to this
condition, the City may approve an amendment to the PCD Master Plan that reinstates
the amount of general office development that was originally exchanged for the no-
longer desired medical office/veterinary development. All conversions made pursuant
to this condition shall be included in the description of all conversion of uses contained
on the PCD Master Plan. The Hotel and conference center includes up to 300 hotel
rooms. The uses not included within the IndustriaVResearch and Development/Biotech,
or Office square footage, or the Hotel use, but contained in the Land Use Conversion
Matrices contained in Exhibit 3, are permitted through use of the Land Use Conversion
Matrices, subject to the limitations contained in Conditions 4 and 5.
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16. Parcels C, D, E, and F are approved for a total of 350 single-family homes,
80Q multi-family condo/townhouse units, and 350 apartments. These units may be
located anywhere on these parcels, subject to the density limitations shown an Map H.
17. Parcei C is approved for 450,000 square feet of Retail uses.
18. Parcel G is approved for 250 single-family homes, 600 multi-family
condo/townhouse units, and 350 apartments.
19. Parcel H is approved for 50,000 square feet of Commercial/Retail uses.
20. Prior to the Planned Community District approval for the site, the City of
Palm Beach Gardens must adopt final Design Guidelines applicable to alf development
within the DRI. These Design Guidelines shall encourage walkability, mobility options,
public transit, and sustainable patterns and forms of development consistent with the
TCRPC Strategic Regional Policy Plan.
TRANSPORTATION
Rights-of-Way
21. No building permits for vertical construction for Scripps Florida - Phase
II/Briger Tract Development of Regional Impact shall be issued until rights-of-way within
the project along Donald Ross Road, Hood Road, and all intersections thereof, have
been dedicated free and clear of all liens and encumbrances to Palm Beach County as
necessary and consistent with the Palm Beach County Comprehensive Plan. The
reservation of mineral rights shall not be considered an encumbrance for purposes of
right-of-way dedication.
Proportionate Share Payments
22. The Developer shall meet the DRI and Concurrency Transportation
requirements through payment of its proportionate share contribution pursuant to
Section 163.3180(12), Florida Statutes, and Rule 9J-2.045, Florida Administrative Code.
The Developer has entered into a Proportionate Share Agreement with the Florida
Department of Transportation, the Florida Turnpike Enterprise, Palm Beach County, and
the City of Palm Beach Gardens in accordance with Section 163.3180(12), Florida
Statutes The Propartionate Share Agreement lists the improvements that will be made
with the proportionate share contributions, provides that the contributions will be
distributed to the various agencies that have maintenance responsibility over the
improvements, and contains the agreement of the various agencies to accept
proportionate share payments for impacts to roads that are the responsibility of the
agency. The Proportionate Share Agreement, contained in Exhibit 2, is hereby
incorporated into this Condition.
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23. In order to ensure that th� proportionate share contributions are provided in
a sufficient and time{y manner to mitigate the tra�c impacts of the level-of-service
deficiencies for which the proportianate share costs were calculated and to comply with
the approved project phasing specified in Condition 3, the timing and amount of the
proportionate share payments are as follows:
a) No building permits shall be issued until the Developer has paid a
proportionate share contribution in the amount of $439,903;
b) No building permits shall be issued for any development that generates
more than 1,369 net external AM peak-hour trips or 2,174 net e�ernal PM peak
hour-trips, whichever occurs first, until the Developer has paid a proportionate
share contribution in the amount of $5,245,315.
c) No building permits shall be issued for development that generates more
than 2,397 net external AM peak-hour trips or 3,089 net external PM peak-hour
trips, whichever occurs first, until the Developer has paid a propo�tionate share
contribution in the amount of $9,375,988.
d) No building permits shall be issued for development that generates more
than 3,176 net external AM peak-hour trips ar 3,778 net external PM peak-hour
trips, whichever occurs first, until the Developer has paid a proportionate share
contribution in the amount of $7,144,893.
The payment amaunts listed above shall be adjusted to account for changes in
canstruction prices, as outlined in the Proportionate Share Agreement (Exhibit 2).
24. The proportionate share payments do not address the committed
Developer improvements for internal project roads and project intersectian/entrance
improvements along Donald Ross Road, Grandiflora Road, and Hood Road, as
speci�ed in this Development Order, and any internal roadway improvements required
by the City of Palm Beach Gardens.
25. As it �elates to compliance with propo�tionate share payment obligations,
the issuance of all building permits shall be governed by Paragraphs 4.E. and 4.F. of
the Proportionate Share Agreement (Exhibit 2).
26. Any proposed delay in payment of the proportionate share payment due or
a proposed change to the approved development that increases the authorized number
of trips or to the phasing schedule shall require a reanalysis of the proportionate share
payment amount as part of any approval of the requested change. Any such change
shall require an amendment to the Proportionate Share Agreement and an amendment
to the Development Order to include the Amendment to the Propo�tionate Share
Agreement.
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Internal Roadways and Access Driveways
(Please refer to Exhibit 4 for a graphic iliustration oi required internal roadway and access
driveways.)
27. No building permits for vertical construction shall be issued until contracts
have been let for construction of either of the following roadways:
a) Parkside Drive from Donald Ross Road ta its future connection with Heights
Boulevard as a minimum finro-lane roadway compatible with an ultimate four-lane
divided mid-block cross section; or
b) Heights Boulevard from its existing terminus at Donald Ross Road to its
future connection at Parkside Drive as a minimum two-lane roadway compatible
wi#h an ultirnate four-lane divided mid-block cross section.
28. No building permits for vertical construction shall be issued for development
that generates more than 1,369 net external AM peak-hour trips or 2,174 net external
PM peak-hour trips, whichever occurs first, until contracts have been let for the
construction of the following roadways:
a) Parkside Drive from Donald Ross Road to its intersection with Heights
Boulevard as a four-lane roadway;
b) Parkside Drive from its intersection with Heights Boulevard to Grandiflora
Road as a finro-lane roadway compa#ible with an ultimate four-lane divided mid-
block cross section;
c) Parkside Drive from Grandiflora Road to Hood Road as a roadway with a
two-lane mid-block cross section;
d) Grandiflora Road as a roadway with a two-lane midblock cross section
compatible with an ultimate four-lane divided mid-block cross section from its
western terminus to Parkside Drive;
e) Heights Boulevard from Donald Ross Raad to its point of departure to an
east/west alignment as a roadway with a four-lane divided mid-block cross
section; and
fl Heights Boulevard from its point of departure as an east/west alignment to
its intersection with Parkside Drive as a roadway with a two-lane mid-block cross
section compatible with an ultimate four-lane divided cross section.
29. No building permits for verticai construction shall be issued far development
that generates more than 2,397 net external AM peak-hour trips or 3,089 net external
PM peak-hour trips, whichever occurs first, until contracts have been let for the
construction of the following roadways:
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a) Parkside Drive from its intersection with Heights Boulevard to Grandiflora
Road as a roadway with a four-lane divided mid-block cross section;
b) Heights Boulevard from its point of departure as an easUwest alignment to
its intersection with Parkside Drive as a roadway with a faur-lane divided mid-
block cross section; and
c) Grandiflora Road between Parkside Drive and Central Boulevard as a four-
lane divided cross section.
30. Scripps Florida - Phase II/Briger Tract Development of Regional Impact
shall have the following connections ta the external roadway network consistent with
Map H, Master Development Plan:
. Four connections to Donald Ross Road, as listed in Conditions 31 a.-d.;
• Three connections to Hood Road, as listed in Condition 31 f. and Conditions
33 a. and b.; and
• One connection to Central Boulevard via Grandiflara Road.
a) For the intersections listed in Conditions 31.c., 31.f., 33.a., and 33.b., which
are not currently signalized, signalization shall be provided, if warranted, through
campletion of the DRI. A signal warrant study for each of these intersections
shall be submitted with the biennial report according to the following schedule
until signalization is warranted. For the intersection listed in Condition 31.c., the
first warrant study shall be included in the next biennial report after construction
af the required improvements at that intersection. For the intersections listed in
Conditions 31.f., 33.a. and 33.b., the first warrant study shall be included in the
next biennial report after the first building permit for vertical construction is issued
for development west of I-95.
b) No building permits for vertical construction for development that generates
more than 1,369 net external AM peak hour trips or 2,174 net external PM peak
hour trips, whichever occurs first, shall be issued until performance security in an
amount to be determined by the Palm Beach County Traffic Division is posted
with the City for all costs associated with the traffic signals for the intersections
listed in Conditions 31.c. and 31.f.
c) No building permits for vertical construction for development west of I-95
that generates mare than 39 net AM peak-hour trips or 297 net PM peak-hour
external trips shall be issued until performance security in an amount to be
determined by the Palm Beach County Traffic Division to be sufficient to fund all
costs associated with a traffic signal at only one intersection is posted with the
City for the traffic signals for the intersections listed in Conditions 33.a. and 33.b.
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d) If Palm Beach County approves a signal warrant study submitted with the
biennial report showing that signalization is warranted, of if Palm Beach County
provides written notice to the Developer with a copy to the City that a signal
warrant study was conducted between biennial reports showing that signalization
is warranted at one of the above intersectians, the Developer shall install a mast
arm traffic signal at the warranted intersection within twelve months of approval
or receipt of notice by Palm Beach County. If the Developer fails to complete the
signal installation within this time frame, the County Engineer, at his/her sole
discretion, shall have the right to request funds be drawn from the performance
security (surety drawn) and Palm Beach County may then complete all required
work.
e) Upon completion of the DRI, a signal warrant study shall be conducted and
submitted to the City for any of the intersections listed in paragraph a) above that
have not been signalized. The signal warrant study will be forwarded to Palm
Beach County for its review. If a signal is warranted at any intersection, the
Developer shall be responsible for installing the warranted signal. For any
intersectian that Palm Beach County determines does not warrant a signal, the
perFormance security shall be returned, and the Developer shall have no further
obligation for constructing the traffic signal at that intersection.
31. No building permits for vertical construction shall be issued for development
that generates more than 1,369 net external AM peak-hour trips or 2,174 net external
PM peak-hour trips, whichever occurs first, until contracts have been let to provide the
following lane geometry and signal modifications, if required:
a) Donald Ross Road and Heiqhts Boulevard
Northbound Two left-turn lanes
One thraugh lane
One right-turn lane
Sauthbound Two left-turn lanes
One through lane
One free-flow right-turn lane
Eastbound Two left-turn {anes
Three through lanes
One right-turn lane
Westbound Twa left-turn lanes
Three through lanes
One right-turn lane
b) Donald Ross Road and Parkside Drive
Northbound Two left-turn lanes
One through lane
One right-turn lane
Southbound One left-turn lane
One through lane
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� One right-turn lane
2 Eastbound Two left-turn lanes
3 Three through lanes
4 One right-turn lane
5 Westbound Two left-turn lanes
g Three through lanes
7 One right-turn lane
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c) Donald Ross Road and FAU
Northbound One left-turn lane
One through lane
Southbound One left-turn lane
One through lane
Eastbound One left-turn lane
Three through lanes
One right-turn lane
Westbound One left-turn lane
Three through lanes
d) Donald Ross Road and Eastern Drivewav (riaht in/riaht out only)
Northbound One right-turn lane
Eastbound Three through lanes
One right-turn lane
Westbound Three through lanes
e) Grandiflora Road and Central Boulevard
Northbound Two left-turn lanes
Two through lanes
Southbound One left-turn lane
Two through lanes
One right-turn lane
Eastbound One left-turn lane
One through lane
One right-turn lane
Westbound One left-turn/through lane
One right-turn lane
f} Hood Road and Parkside Drive
Northbound One left-turn lane
One through lane
Southbound One left-turn lane
One through lane
Eastbaund One left-turn lane
One through lane
One right-turn lane
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Westbound One left-turn lane
One through lane
One right-turn lane
32. No building permits for vertical construction shall be issued for development
that generates more than 3,176 net external AM peak-hour trips or 3,778 net external
PM peak-hour trips, whichever occurs first, until contracts have been let to provide the
following lane geometry and signal modifications, if warranted:
a} Donald Ross Road and Heights Boulevard — Provide an additional
northbound left turn lane to provide triple left-turn lanes; and
b} Grandiflora Road and Central Boulevard
through lane to provide one left-turn lane,
through/right-turn fane.
— Add a separate
one through lane,
westbound
and one
33. No building permits for vertical construction shall be issued for development
in Parcels G and/or Parcel H until contracts have been let to provide the following lane
geometry:
a) Hood Road and Western Drivewav
Southbound Two exiting lanes
Eastbound One through lane
One left-turn lane
Westbound One right-turn lane
One through lane
b) Hood Road and Driveway into Parcel H
Northbound One left-turn lane
One through lane
Sauthbound One left-turn lane
One through lane
Eastbound One left-turn lane
One through lane
One right-turn lane
Westbound One left-turn lane
One through lane
4ne right-turn lane
C�I�it77��
34. A trip generation analysis shall be performed prior to each site plan
approval. The trip generation analysis shall present calculations for both AM and PM
peak-hour and shall rely upon the approved rates for trip generation, pass-by and
internal capture for the phase in which the development occurs, as approvad in the DRI.
The trip generation shall be cumulative and include all currently-valid previous site plan
approvals. Development order conditions shall be evaluated to determine triggering of
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any conditions. Should a trip generation analysis demonstrate that development of the
site plan under consideration would trigger any development order condition, the
following shall apply:
a) Far transportation Conditions 28, 29,
approved; however, no bui{ding permits shall
would exceed the triggering number of trips
has been met; and
31, and 32, the site plan may be
be issued for any development that
for the condition until the condition
b) For non-transportation Conditions 53, 6Q, and 61, no site plan that would
trigger the condition shall be approved until the condition has been met.
35. Prior to site plan approval, a traffic study shall be submitted to and approved
by the City of Palm Beach Gardens to determine:
a}
b)
Lane geometry for impacted internal roadways and their intersections, and
Timing of signalization at project driveways.
36. No additional building permits for vertical construction shall be issued after
December 31, 2033, until a traffic study has been conducted, submitted to, and
approved by the City of Palm Beach Gardens, Palm Beach County, Florida Department
of Transportation, Treasure Coast Regional Planning Council, and the Department of
Community Affairs. This traffic study shall be performed in a manner consistent with
methodology approved by the City of Palm Beach Gardens, Palm Beach County,
Florida Department of Transportation, and the Treasure Coast Regional Planning
Council. The study shall identify any improvements necessary to maintain the subject
transportation network at adopted levels of service. Additional building permits for
vertical construction shall not be issued after December 31, 2033, until mitigation for the
roadway improvements necessary to maintain adopted levels of service has been
incorporated into #he development order.
ENVIRONME�VTAL AND NATURAL RESOURCES
Preserve Area Management
37. The Developer shall prepare a Preserve Area Management Plan for the
upland and wetland preserve areas identified on the Scripps Florida - Phase II/Briger
Tract Development af Regional Impact Map H, Master Deve{opment Plan. The plan
shall: 1) identify locations in the preserve area where upland or wetland natural
communities will be created, enhanced, or restored; 2) identify management procedures
and provide a schedule for their implementation; 3) include procedures for maintaining
suitable habitat for state-listed and federally-listed species; 4) include methods to
remove nuisance and exotic vegetation and any other specie� that are determined to
threaten the natural communities; 5) include plans to permanently mark the preserve
area and provide access for passive recreation, education, or scientific study; and 6)
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identify a permanent #unding source and define a responsible entity for the maintenance
and implementation of the management plan in perpetuity. The management plan shall
be approved by the City of Palm Beach Gardens in consultation with the U.S. Fish and
Wildlife Service, Flo�ida Fish and Wildlife Conservation Commission, and South Florida
Water Management District prior to the initiation of any site-clearing activity.
38. The Developer shall install temporary fencing around all upland and wetland
preservation areas prior to commencing site clearing adjacent to the preserve area.
The fencing shall clearly identify and designate the boundaries of the preserve area and
minimize the potential disturbance of the preserve area during land clearing and
construction. The temporary fencing shall be established at least 10 feet outside of the
boundaries of the preserve areas and shall remain in place until the completion of the
finish grading on the area adjacent to the fencing.
Upland Preservation
39. Prior to final approval of any site plan application for the project, the
Developer shall identify the location of all upland preserve areas that have been shown
on the PCD Master Development Plan. The intent of this condition is to provide
protection of upland natural communities, to provide habitat for wildlife and listed
species, and to assist in improving water quality by buffering wetlands and water
bodies. The continued viability and maintenance of the preserve areas shall be assured
through a Conservation Easement with the City of Palm Beach Gardens, South Florida
Water Management District, or Northern Palm Beach County Improvement District. The
easement shall be properly executed and recorded prior to the issuance af building
permits for any portion of the project.
Wetlands
40. The Developer shall protect and enhance the wetland identified as A on
Map F, Wetland Impact Map, in the Scripps Florida - Phase II/Briger Tract Development
of Regional lmpact Application for Development Approval. Prior to final approval of any
site plan application for the Scripps Florida - Phase II/Briger Tract Develapment of
Regional Impact, the Developer shall identify the location of all wetlands ta �e pratected
on Map H, Master Development Plan. The preserved and enhanced wetlands shall be
protected within a Conservation Easement established with the City of Palm Beach
Gardens, South Florida Water Management District, or Northern Palm Beach County
Improvement District. The easement shall be properly executed and recorded prior to
the issuance of building permits for any future portion of the project.
41. The Developer shall coordinate with the City of Palm Beach Gardens, South
Florida Water Management District, and U.S. Army Corps of Engineers to determine the
exact acreage and type wetland mitigati4n required to offset wetland impacts on the
project site. Wetland mitigation requirements shall be determined following the Unified
Mitigation Assessment Method provided in Chapter 62-345, Flarida Administrative
Code. Methods for the creation and management of wetland mitigation areas on the
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project site, as outlined in the ERP, shall be described in the Preserve Area
Management Plan ta be approved by the City of Palm Beach Gardens prior to the
initiation of any site-clearing activity.
42. All wetland mitigation east af I-95 shall be completed prior to or
simultaneous with the elimination of existing wetlands on the site east of I-95, and all
wetland mitigation west of I-95 shall be completed priar to or simultaneous with the
elimination of existing wetlands on the site west of I-95. The detailed plans for
mitigation sha11 be approved by the City of Palm Beach Gardens and Sauth Florida
Water Management District prior to the initiation of the mitigation plan and prior to the
approval of any site plan for any portion of the project. Reasonable assurance of
financial ability to carry out the commitments in the approved mitigatian plan shall be
provided in a method agreed to and approved by the South Florida Water Management
District.
Listed Species
43. In order to protect the gopher tortoise population an the project site, the
Developer or an authorized entity shall develop a detailed management plan that
provides for the protection and relocation of gopher tortoises inta the preserve areas
identified on the Scripps Florida - Phase II/Briger Tract Development of Regional Impact
Map H, Master Development Plan, or an appropriate off-site recipient area. The
Developer or an authorized entity shall comply with the Florida Fish and Wildlife
Conservation Commissian gopher torkoise protection guidelines for this state-listed
threatened species. Details of the gopher tortoise protection measures shall be
provided in the Preserve Area Management Plan, which shall be approved by the City
of Palm Beach Gardens prior to the initiation of any site-clearing activity.
44. In arder to pratect the hand fern population on the project site, the
Developer or an authorized entity shall develop a detailed management plan that
pravides for the protection af hand fern in the preserve areas identified on the Scripps
Florida - Phase IUBriger Tract Development of Regional Impact Map H, Master
Develapment Plan, or an appropriate off-site recipient area. The Developer or an
au#horized entity shall comply with all recommendations by the City of Palm Beach
Gardens in consultation with the Florida Department of Agriculture and Consumer
Services regarding the maintenance and management of habitat for this state-listed
endangered species. Details of the hand fern protection measures shall be provided in
the Preserve Area Management Plan, which shall be approved by the City of Palm
Beach Gardens prior ta the initiation of any site-clearing activity.
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45. In the event it is determined that any additional state-listed or federally-listed
plant or animal species is resident on, or atherwise significantly dependent upon the
project site, the Developer shall cease all activities which might negatively affect that
individual population and immediately notify the City of Palm Beach Gardens. The
Developer shall provide proper protection to the satisfaction of the City of Palrn Beach
Gardens, U.S. Fish and Wildlife Service, and the Florida Fish and Wildlife Conservation
Commission.
Exotic Species
46. Prior to obtaining building permits for any fu#ure structure located on a
particular development parcei, the Develaper of such parcel shall remove from that
parcel all Australian-pine, Brazilian pepper, downy rose-myrtle, melaleuca, Old World
climbing fern, and any other nuisance and invasive exotic vegetation listed under
Category I of the Florida Exotic Pest Plant Council's "20Q7 List of Invasive Plant
Species." Removal shall be in a manner that minimizes seed dispersal by any of these
species. There shall be no planting of these species on site. Methods and a schedule
for the removal of exotic and nuisance species should be approved by the City af Palm
Beach Gardens. The entire site, including wetlands and conservation areas, shall be
maintained free of these species in perpetuity, in accordance with all applicable permits.
Stormwater Management
47. The Developer of each development parcel shall design and construct a
stormwater management system within such development parcel to retain the maximum
volumes of water consistent with the South Florida Water Management District's and
Northern Palm Beach County Improvement District's criteria for flood control. At a
minimum, all discharged water from the surface water management system shall meet
the water quality standards of Florida Administrative Code Rule 17-3.
48. The Developer shall work with the City of Palm Beach Gardens to minimize
the amount of impervious surface constructed for automobile parking on the project site.
The Developer and the City should consider the use of pervious parking lot materials
where feasible.
49. The surface water management system shall utilize Best Management
Practices to minimize the impact of chemical runoff associated with lawn and iandscape
maintenance. The Developer shall coordinate with the South Florida Water
Management District and Northern Palm Beach County Improvement District to
formulate and implement Best Management Practices to reduce the use of pesticides
and fertilizers throughout the project.
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50. Maintenance and management efforts required to assure the continued
viability of all components of the surface water management system shall be the
financial and physical responsibility of the Developer, a community development district,
Northern Pa1m Beach County Improvement District, or other entity acceptable to the
City of Palm Beach Gardens. Any entities subsequently replacing the Developer shal{
be required to assume the responsibilities outlined above.
Wa#er Supply
51, No building permits for vertical construction shall be issued until the
Developer demonstrates that the Seacoast Utility Authority, or other public utility
provider, has an adequate permitted allocation of potable water and adequate potable
water treatment and delivery facilities to meet the demands of the development for
which the building permit for vertical construction is requested.
52. The preferred source of irrigation water shall be treated wastewater effluent
at such time as this source is made available to the site. The project shall be equipped
with an irrigation water distribution system to provide reclaimed water to serve all
portions of the site requiring irrigation. No individual home wells shall be constructed on
the project site. Prior to availability of a sufficient supply of reclaimed water, other water
supply sources may be used for landscape irrigation, subject to meeting the South
Florida Water Management District's permitting criteria in effect at the time of permit
application.
53. Prior to the commencement of any development that generates more than
1,369 net external AM peak-hour trips or 2,174 net external PM peak-hour trips,
whichever occurs first, the Developer shall provide written confirmation from the
Seacoast Utility Authority, or other public utility provider, that: 1) adequate capacity of
reclaimed water is available to serve the project site; and 2) adequate reclaimed water
treatment and delivery facilities are available to meet the needs of the project site. In
the event that the preceding criteria cannot be met, other water supply sources may be
used for landscape irrigation subject to meeting the South Florida Water Management
District's permitting criteria in effect at the time of permit application.
54. The residential and non-residential uses in the project shall utilize low-
volume water use plumbing fixtures and Florida-friendly (drought tolerant) landscape
techniques, and other water conserving devices and/or methods. The commercial uses
in the project shall also utilize self-closing and/or metered water faucets. These devices
and methods shall meet the criteria outlined in the water conservation plan of the public
water supply permit issued to the Seacoast Utility Authority by the South Florida Water
Management District.
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Resolution 80, 2009
Wastewater Management
55. No residential subdivision plat shall be recorded nor final site plan approved
for any development parcel until the Developer has provided written confirmation fram
the Seacoast Utility Authority, or other public utility provider, that: 1) adequate capacity
for wastewater treatment is available to serve such development parcel; and 2) the
Developer or others have provided the necessary wastewater system extensions to
serve the development parcel.
Solid Waste and Hazardous Materials
56. Prior to the issuance of the first non-residential building permit for vertical
construction for the project, the Developer shalf prepare a Hazardous Waste
Management Plan for the non-residential uses and have it approved by the City af Palm
Beach Gardens. The pian should identify off-site disposal plans, on-site waste
handling, generation, and emergency procedu�es for each generator of hazardous
waste. At a minimum, the plan shall:
a) require disclosure by all owners or tenants of the property of all hazardous
materials or waste proposed to be stored, used, or generated on premises;
b} require the inspection of all premises storing, using, or generating
hazardous materials or waste prior to commencement of operation, and
periodically thereafter, to assure that proper facilities and procedures are in place
to properly manage hazardous materials projected to occur;
c) provide minimum standards and procedures for storage, prevention of spills,
containment of spills, and transfer and disposal of such materials or waste;
d) provide for proper maintenance, operation, and monitoring of hazardous
materials and waste management systems, including spill and hazardous
materials and waste containment systems;
e) detail actions and procedures to be followed in case of spills or other
accidents involving hazardous materials or waste;
fl guarantee financial and physical responsibility for spill cleanup; and
g) include a program for continued monitoring of surface and groundwater on
the site.
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Resolution 80, 2009
Air Quality
57. No later than 90 days prior to the issuance of the first building permit for
vertical construction for each phase of development beyond Phase 1, as more
speci�cally defined by the AM and PM peak-hour trip thresholds specified in Condition
3, the Developer shall submit a Carbon Monoxide Air Quality Analysis based on the
latest guidelines to the Florida Department af Environmental Protection for its review
and approval. The analysis shall demonstrate that the National Ambient Air Quality
Standards for Carbon Monoxide will not be violated as a result of this project and, if
necessary, shall include mitigation measures for which the Developer shall be
responsible.
58. During land clearing and site preparation, soil treatment techniques
appropriate for controlling unconfined particulate emissions shall be undertaken. If
construction on a parcel will not begin within 30 days of clearing, the soil shall be
stabilized until construction of the parcel begins. Cleared areas may be sodded,
seeded, landscaped, mulched, or stabilized by other means as may be permitted by the
City of Palm Beach Gardens. Minimal clearing for access roads, survey lines, fence
installation, or construction trailers and equipment staging areas is allowed without the
need for soil stabilization. The purpose of this condition is to minimize dust production
and soil erosion during land clearing and to prevent soil parkiculates from becoming
airborne between the time af clearing and constructian. The development shall comply
with all National Pollutant Discharge Elimination System requirements.
HUMAN RESOURCE ISSUES
Housing
59. The
Florida - Phase
income worker
following table:
Developer shall provide 142 workforce housing units on the Scripps
II/Briger Tract Development of Regional Impact affordable to very low
households at the fallowing affardability threshold illustrated in the
Income Group Demand Maximum Affordabilit�r
Income Limits' Thresholds
Purchase Rent
Price
Ve Low 142 $33,000 $95,683 $728
Total 142
' HUD FY 2008 Median Household Income of $66,000 for Palm Beach County.
Z Affordability limits for home prices (for-sale housing) and maximum rental rates by income group.
The mitigation of the significant adequate housing impact can be addressed by the
Developer by constructing 142 workforce housing units on site within the affordability
threshold far Very Low lncome households.
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Resolution 80, 2009
Any workforce housing units to be provided under this condition shall be integrated
within the development and designed to be compatible with the overall project. All
affordable units shall be constructed on site, uniformly dispersed throughout the
project, and designed to the same e�rterior standard as other units in the
development. The applicant, Developer, and/or property owner shall record in the
public record a guarantee, for a minimum period of 25 years for ownership units and
for rental units, which maintains the affordability of units that are required to be
workforce housing.
In lieu of workforce housing units, the provision or allowance of accessory
apartments, as defined in the Design Guidelines, on a minimum of 142 individual
building lots, including single-family lots and townhome lots, shall satisfy the
requirement for the provision of workforce housing. Accessory units shall not be
counted against the total number of units proposed for the Scripps Florida - Phase
II/Briger Tract Development of Regional Impact.
Police and Fire Protection
60. Prior to the commencement of any develapment that generates more than
1,369 net external AM peak-hour trips or 2,174 net external PM peak-hour trips,
whichever occurs first, the Developer shall provide written confirmation from the City of
Palm Beach Gardens Fire Rescue Department verifying that adequate facilities,
equipment, and personnel are available to service the Scripps Florida - Phase IUBriger
Tract Development based on the demand from the praject.
61. Prior to #he commencement of any development that generates more than
1,369 net external AM peak-hour trips or 2,174 net external PM peak-hour trips,
whichever occurs first, the Developer shall provide written confirmation from the City of
Palm Beach Gardens Police Department verifying that adequate facilities, equipment,
and personnel are available to service the Scripps Florida Phase II/Briger Tract
Development based on the demand from the project.
Hurricane Preparedness
62. No residential subdivision plat shall be recorded nor final site plan approved
for any development parcel until the Developer has written confirmation from the Palm
Beach County Division of Emergency Management that adequate emergency regular
and special needs shelter capacities are available for that residential subdivision plat
within the Scripps Florida - Phase IUBriger Tract Development of Regional Impact.
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Resolution 80, 2009
Parks and Recreation
63. The PCD shall not be approved until the Developer has provided a plan
approved by the City of Palm Beach Gardens for the provision of neighborhood and
community recreational sites and facilities to meet the demand created by residential
development in the project. Neighborhood parks should serve as prominent visual and
social focal points of each neighborhood, and provide for informal, non-programmed
recreational activities. At a minimum, 15 percent of the project area, or 103 acres of
recreation and open space area as required by the City of Palm Beach Gardens Land
Development Code, shall be established ta serve area residents of the Scripps Florida -
Phase II/Briger Tract Development of Regional Impact. Neighborhood and community
recreational facilities shall be available to serve projected demand in accordance with
the plan approved by the City of Palm Beach Gardens.
Historic and Archaeological Sites
64. The Developer shall protect and set aside from development the
archaeological site, 8PB13953, in accordance with the recommendations from the
Florida Department of State, Division of Historical Resources. Site $PB13953 is a
prehistoric midden located in a hammock in the southwest quadrant of the parcel and is
identified as "Archaeologically Significant Site" on Map H, Master Development Plan.
65. In the event of discovery of any archaeological artifacts during construction
of the project, construction shall stop in the area of discovery and immediate notification
shall be provided to the City of Palm Beach Gardens and the Division of Historical
Resources, Florida Department of State. Proper protection shall be provided to the
satisfaction of the City of Palm Beach Gardens and the Division of Historical Resources.
Churches and Schools
66. Elementary, middle, and high schools are permitted anywhere within the
DRI. Churches are permitted anywhere within the DRI except on Parcels A and B.
However, because no trips were included in the traffic analysis for churches and the
listed schools, they are only permitted if they do not generate any additional net external
AM peak-hour trips and net external PM peak-hour trips over the amount of net external
AM peak-hour trips and net external PM peak-hour trips authorized for the DRI. The
exchange table below contains the exchange rates for the uses that may be converted
to churches or elementary, middle, and high schools. These rates ensure that no
additional net external AM peak-hour trips or PM peak-hour trips will be generated as a
result of the conversion:
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Resolution 80, 2009
Land Use to Exchan e
Singie Apartment Condo/TH Retail (per Research General
Land Use Family (per DU) (per DU) 1,000 SF) and Dev't Office (per
�p (per DU) (per 1,000 1,000 SF)
d SF
� Church (per 0.8477 1.4599 1.8462 0.5456 N/A N/A
1,000 SF
� Elementary 0.3600 0.4963 0.5545 0.5192 0.9764 1.0887
o Schoal(per
d student
N Middle 0.4320 0.5956 0.6654 0.6231 1.1716 1.3065
� School(per
� student
J High Schoal 0.2389 0.3294 0.4324 0.3446 0.6480 0.7226
er student �
• Note: Rate is based on the rate that results in the lowest value of conversion from either the AM or PM
peak-hour outbound rates.
Examples:
1. If you want to add 50,000 square feet of Church by decreasing Retail square footage, how many
square feet of Retail would you need to reduce?
Instruction = Multiply 50,000 by the number that connects the "Church" row with the "Retail"
column (0.5456)
Multiply 50,000 square feet x 0.5456 = 27,280 squa�e feet
You must reduce Retail by 27,280 SF.
2. If you want to know how many square feet of a Church you can build if you eliminate 100,000
square feet of retail:
Go to the Church row and follow to Retail column, find 0.5456
Divide 100,000 by 0.5456 = 183,284 SF of Church
The exchange of uses permitted by this condition shall occur as an amendment to
the PCD Master Plan. Should the Developer desire to undo a previous exchange
made pursuant to this conditinn, the City may approve an amendment to the PCD
Master Plan that reinstates the amount of development that was originally
exchanged for the no-longer-desired church or school. All exchanges of uses made
pursuant to this condition shall be included in the description of all conversion of
uses contained on the PCD Master Plan.
SECTION 5. BIENNIAL REPORT
1. The Developer shall make a biennial report as required by Section 3$0.06
(15) and (18), Florida Statutes. The first biennial repart shall be submitted on the
second anniversary of the adoption of the DRI Development Order. Subsequent reports
shall be submitted every two years on the anniversary date of the adoption of the DRI
Development Order.
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Resolution 80, 2009
2. In addition to the requirements contained in the conditions of approval, the
biennial report shall include the following:
a) Any changes in the plan of development, or in the representations contained
in the Application for Development Approval, or in the phasing for the reporting
period and far the next reporting period;
b) A summary camparison of development activity proposed and actually
conducted for the reporting period;
c) Identification of undeveloped tracts of land, other than individual single-
family lots, that have been sold, transferred, or leased to a separate entity or
developer;
d) Identification and intended use of lands purchased, leased, or optioned by
any of the Develapers adjacent to the original DRI site since the Development
Order was issued;
e) An assessment of the Developer's and local government's compliance with
each individual condition of approval contained in this Development Order and
the commitments specified in the Application for Development Approval and
which have been identified by the City, the Treasure Coast Regional Planning
Council, or the Department of Community Affairs as being significant;
fi� Any request for a substantial deviation determination that was filed in the
reporting period or is anticipated to be filed during the ne� reporting period;
g) An indication of a change, if any, in local government jurisdiction for any
portion of the development since the Development Order was issued;
h) A list of significant local, state, and federal permits which have been
obtained or which are pending by agency, type of permit, permit number, and
purpose of each;
i) The bienn
Condition 9 or
biennial report;
�I report shall include a statement that all the agencies listed in
added pursuant to Condition 9 have been sent copies of the
j) A copy of any recorded notice of the adoption of a Development
the subsequent modifications of an adopted Development Order
recorded by the Developer pursuant to Subsection 380.06(15), Florida
and
Order or
that was
Statutes;
k) Any other information requested by the City of Palm Beach Gardens to be
included in the biennial report.
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SECTION 6. MODIFICATIONS TO APPROVAL
1. Except as permitted by the conditions
deviations from the approval plans or requirements
submitted to the City of Palm Beach Gardens for
change constitutes a substantial deviation as provl
Statutes.
Resolution 80, 2009
of approval, any modifications or
of this Development Order shall be
a determination as to whether the
ded in Section 38Q.06(19), F/orida
2. Purchasers and lessees of lots or parcels within the DRI shall not be
considered the Developer for purposes af modifying the provisions of the Development
Order pursuant to 380.06(19), F/orida Statutes, or appealing any changes to the
Development Order pursuant to Section 38q.07, F/orida Sfatutes, unless so designated
by an original Developer or successor Developer.
SECTION 7. DOWNZONING
Prior to December 31, 2033, the Scripps Florida -- Phase II/Briger Tract
Development of Regional Impact shall not be subject to downzaning, unit density
reduction, or intensity reduction, unless the City demonstrates that substantial changes
in the conditions underlying the approval of the Development Order have occurred, or
that the Development Order was based on substantially inaccurate information provided
by the Developer, or that the change is clearly established by the City of Palm Beach
Gardens to be essential to the public health, safety, or welfare. The Developer's
substantial compliance with the representations regarding the project's description and
economic activity areas, including the biotech development component of the DRI,
which have been incorporated herein pursuant to the adoption of the conditions, are
deemed to be essential to the public health, safety, and welfare. The City of Palm
Beach Gardens has expressly relied upon these representations in the formulation of
various conditions of approval; cansequently, the failure to substantially comply with
these representations may consti#ute substantial changes which may be cause for
downzoning, unit density reduction, or intensity reduction.
SECTION 8. EFFECTIVE DATE
1. Certified copies of this Development Order shall be transmitted immediately
by certified mail or other delivery service for which a receipt as proof of service is
required to the Department of Community Affairs, the Treasure Coast Regional
Planning Council, The Lester Family Investments, L.P., Richard Thall, Robert Thall,
Peter L. Briger, Paul H. Briger, the David Minkin Florida Realty Trust dated December
12, 1996, and Palm Beach County. This Development Order shall become effective
upon its transmittal to all of the above-listed entities and people. The date of transmittal
shall be the effective date of the Development Order.
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Resolution 80, 2009
1 2. if a notice of appeal is filed pursuant to Section 380.07, Florida Statutes, the
2 effectiveness of the Development Order is stayed until the completion of the appeal
3 process. Any time periods in the conditions of approval measured from the approval
4 date, adoption date, or effective date of the Development Order shall be measured from
5 the effective date and those time periods are tolled during any period that the
6 effectiveness of the Development Order is stayed.
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SECTION 9. SEVERABILITY
In the event that any portion or section of this Development Order is deemed to
be invalid, illegal, or unconstitutional by a court of competent jurisdiction, such decision
shall in no manner affect the remaining portians or sections of this Development Order,
which shall remain in full force and effect.
(The remainder of this page intentionally left blank}
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Resolution 80, 2009
PASSED AND ADOPTED this � day af �{L�� , 2010.
ATTE�T:
8Y:
Patricia Snider, eMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFfCIENCY
BY:
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
hman, City Attorney
VOTE:
MAYOR LEW
VICE MAYOR PREMUROSO
COUNCILMEMBER RUSSO
COUNCILMEMBER ,1ABLIN
COUNCILMEMBER BARNETT
��.
G\'1 �
�
�
�
-6�
v
�
David Levy, Mayor
NAY ABSENT
G:lattorney_share\RESOLUTIONS�2010�Resolution 80 2009 - DRI Development Order 3-18-10-FINAL.docx
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RESOLUTION 94, 2005
Date Prepared: June 9, 2005
4 A RESOLUTION OF THE CITY COUNCIL 4F THE CITY OF PALM
5 BEACH GARDENS, FLORIDA APPROVING AMENDMENTS TO
6 RESOLUTION 207, 2002, THE DEVELOPMENT ORDER FOR
7 "PARCEL A— SINGLE-FAMILY" WITHIN TNE GABLES PLANNED
8 COMMUNITY DISTRICT (PCD) LOCATED ON THE WEST SIDE OF
9 THE RONALD REAGAN TURNPIKE, SOUTH OF NORTHLAKE
10 BOULEVARD, AND NORTH OF THE BEELINE HIGHWAY, AS
11 MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR
12 AN AMENDED CONDITION OF APPROVAL; AND PROVIDING AN
13 EFFECTIVE DATE.
14
15
16 WHEREAS, on July 18, 2002, the City Council adopted Ordinan
17 which approved the rezoning from Planned Development Area (PDA) to
18 Community District (PCD} Overlay with an underlying zoning of Residential
19 known as the Gables Planned Community District; and
20
ce 3, 2002,
a Planned
Low (RL-3),
21 WHEREAS, on November 21, 2002, the City Council approved 450 multi-family
22 units in Resolution 206, 2002 and 200 single-family units in Resolution 207, 2002; and
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24 WHEREAS, the City has received an application (MISC-05-05) from Mr. Marty
25 Minor, agent for Northlake Boulevard, LLC and Gables Construction, Inc. and M/I
26 Homes, for approval of a request for an extension of the requirement for the completion
27 of the single-family recreation facility prior ta the issuance of the 60`" Certificate of
28 Occupancy (30%) to the issuance of the 97th Certificate of Occupancy (50%) for the
29 single-family homes within "Parcel A— Single-Family" of the Gables PCD, which is
30 located on the west side of the Ronald Reagan Turnpike, south of Northlake Boulevard,
31 and north of Beeline Highway, as more particularly described herein; and
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WHEREAS, the site is currently zoned Planned Community District (PCD)
Overlay with underlying zoning of Residential Low 3(RL-3), and has a future land-use
designation of Residential Low (RL.); and
WHEREAS, the Growth Management Department has reviewed said application
and has determined that it is sufficient; and
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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.
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44 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
45 OF PALM BEACH GARDENS, FLORIDA that:
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Date Prepared: June 9, 2005
Resolution 94, 2�05
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The amended condition of approval for Parcel A— Single-Family
within the Gables Planned Community District (PCD} is APPROVED on the following
described real property, subject to the conditions of approval contained herein, which are
in addition to the general requirements otherwise provided by ordinance:
LEGAL DESCRIPTION:
GABLES AT NORTHLAKE, ACCORDING TO THE REPLAT NO. 1 THEREOF,
RECORDED IN PLAT BOOK 96 PAGE 194 THR�UGH PAGE 199 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID LANDS SITUATE AND
LYING, !N THE CITY OF PLAM BEACH GARDENS, PALM BEACH COUNTY,
FLORIDA.
SECTION 3. Said Site Plan is approved subject to the following conditions,
which shali be the respansibility of the applicant, its successors, or assigns.
Landscapinct and Maintenance
1. The single-family main recreation area shall be completed prior ta the
issuance of the 97 69th Certificate of Occupancy for a single-family unit.
(Planning & Zoning)
2. Prior to the issuance of the first single-family or multi-family Certificate of
Occupancy, the main entry signage and landscaping shall be installed.
(Planning & Zoning)
3. The applicant shall maintain a six (6) foot clearance zone between buildings
while determining the placement of inechanical equipment and accessory
structures. (Planning & Zoning)
Transportation / Traffic Concurrency
4. Pursuant to the terms of Ordinance 10, 2003, �the project build-out date is
December 31, 200�7. (City Engineer)
5. Prior to the issuance af the first building permit, excluding permits for
clearing of exotic vegetation, the applicant shall submit a Master Sign and
Pavement Construction Plan for review and approval by the City. (Planning
& Zoning)
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Date Prepared: June 9, 2005
Resolution 94, 2005
6. Prior to the issuance o# the first building permit, the applicant shall submit to
the City for review and approval a Pavement Marking and Signage Plan
which identifies the location of ali proposed signage and markings, such as
stop signs/bars, pedestrian crosswalks and signage, directional signage,
etc. A registered engineer licensed in the State of Florida shall certify the
Pavement Marking and Signage Plan. (City Engineer)
7. Prior to the issuance of the final Certificate of Occupancy, the applicant,
successors, or assigns shall conduc# signal warrant studies of the Hiatt
Drive and Northlake Boulevard intersection beginning at the issuance of the
SQth Certificate of Occupancy and every six (6) manths thereafter until the
issuance of the final Certificate of Occupancy. Should the warrant indicate
a need for a signal, the applicant, successor, or assigns shall be required to
provide a pro-rata share of installation costs as determined by the City
Engineer. (City Council)
Misceilaneous
8. Prior to the issuance af the first Certificate of Occupancy of a residential
unit, the applicant shall submit the Property Owners Association and
Homeowners Association documents for review and approval by the City
Attorney. {City Attorney)
9. Within ninety (90) days from the issuance af the first Certificate of
Occup�ncy of a dry model, the sales center located off of Northlake
Boulevard shall be removed and the area restored to the approved Planned
Community District (PCD) Buffer Pfan. (Planning & Zoning)
10. The applicant, successors, or assigns shall require all homeowners to
maintain a minimum six (6) foat clear zone, within at least one side-yard
setback for each home, which shall be maintained free from air conditioning
equipment, fencing, and landscaping obstructions between all structures.
This restriction shall be incorporated within the Gables Master Declaration
of Covenants, Conditions, and Restrictions and recorded in the public
records as a restriction against the property. Building permits for individual
homes shall show all landscaping, fencing, and mechanical equipment, and
shall show the six (6) foot clear zone. (Planning & Zoning)
11. Until such time as the issuance of the certificate of completion for the first
dry model, the applicant, successors, or assigns shall use the sales center
off of Northlake Boulevard for customer parking, and shall use a sales
representative to escort prospective home buyers to the madels on site. No
access by the general public shall be allowed to a model unit until the
certificate of comp�etion is issued. (Planning & Zoning, Code Enforcement)
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f2esolution 94, 2005
12. The appiicant shall restrict rear screen enclosures to only alfow bronze-
colored structures. (Planning & Zoning)
13. The applicant shall construct the development in accordance with Crime
Prevention Through Enviranmental Design (CPTED) principles, which
consist of the following:
a. The applicant shall provide metal halide fighting within the entire amenity
(recreation) areas and along the spine road. The applicant shall provide
high-pressure sodium lighting within the single-family community not
fronting on the spine roadway around the central lake feature.
b. Landscaping,
lighting.
including long-term tree growth, shall not conflict with
c. A timer clock or photocell sensor engaged lighting shall be installed
above or near entryways to residences and all sidewalks.
d. Street and pedestrian walkways shall use lighting that is no greater than
14 feet in height.
e. Numerical addresses shall be illuminated for nighttime visibility, shall
have bi-directional visibility from the roadway, and shall be a minimum of
six inches in height.
f. The applicant shall provide all necessary construction zone signage and
fencing as required by the City Engineer. (Police)
14. Prior to the issuance of any building permit, the applicant shall:
a. Provide a street address system depicting street names and residential
numericaVs for emergency response purposes. Address system
depiction shall be in 8.5" X 11" map format. (Police)
b. Install and have operational, temporary roadways and fire hydrants
approved by the City Engineer and Fire Department for all of the dry
models, (City Engineer, Fire Rescue).
c. Provide canopy trees at the rear of the lots along Jog Road extension
and Northlake Boulevard in lieu of a cluster of palms. (Planning &
Zoning)
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Date Prepared: June 9, 2005
Resolution 94, 2005
15. The applicant shall post surety prior to the issuance of a building permit for
the model homes for lots 15, 16, and 17 (45-foot models); lots 47 and 48
(60-foot models); lots 47 and 48 (townhouse model lots); and the sales
trailer on lot 5 for the purposes of demolition and lien protection to remain in
effect until the plat is recorded. The amount of the letter of credit shall equal
a totai of one-third (1/3) of the hard costs of construction of all of the
proposed models. (City Engineer)
16. Prior to December 31 of every year following said project's approval, the
applicant, successors, ar assigns shall submit to the Growth Management
Department, Planning and Zoning Division, an annual report of the status of
the project, including, but not limited to, the number of permits issued, the
number of certificates of occupancy issued, and the compliance or status of
any conditions of approval placed on the project by this approval and any
future approval until the project is completed. (Planning & Zoning)
17 17. All single-family homes shall compiy with the design guidelines, which are
18 attached hereto as Exhibit "B." (Planning & Zoning)
19
20 SECTION 4. The City Council of the City of Palm Beach Gardens, Florida hereby
21 approves the following waivers:
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23 1. Section 78-141, Residential Zoning District Regulations, Lot Coverage, to
24 allow 50% lot coverage. The Land Development Regulations allow a
25 maximum of 35% lot coverage.
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27 2. Section 78-141, Residential Zoning District Regulations, Lot Width, ta allow
28 30-foot lot widths. The Land Development Regulations require a minimum
F3]
of 65 feet in width.
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31 3. Section 78-141, Residential Zoning District Regulations, Lot Area, to allow a
32 minimum 3,090-square-foot lot area. The Land Development Regulations
33 require a minimum of 6,500 square feet in area.
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35 4. Section 78-141, Residential Zoning District Regulations, Front Setback, to
36 allow for a minimum 12-foot front setback. The Land Development
37 Regulations require a minimum 25-foot front setback.
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5. Section 78-141, Residential Zoning District Regulations, Side Setback, to
allow for a minimum 0-foot side setback. The Land Development
Regulations require a minimum of 7.5 feet or 10% of the lot width,
whichever is greater, for the side setback.
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Date Prepared: June 9, 2005
Resolution 94, 2005
6. Section 78-141, Residential Zoning District Regulations, Side Street
Setback, to allow for a minimum 10-foot side setback. The Land
Development Regulations require a minimum of 20 feet for the side street
setback.
7. Section 78-141, Residential Zoning District Regulations, Rear Setback, to
allow for a 5-foot rear setback. The Land Development Regulations require
a minimum 10-foot rear setback.
8. Section 78-285, Signs for Residential Development, to allow two (2) sign
faces on the entrance signage. The �and Development Regulations allow a
maximum of one (1) sign face per development.
9. Section 78-498, Minimum Rights-of-Way and Pavement Widths, to alfow for
a 20-foot minimum right-of-way pavement width. The Land Developrnent
Regulations require a minimum 40-foot right-of-way width.
10. Section 78-341, Intent (off-street parking), to allow for on-street parking.
The Land Development Regulations do not provide for on-street parking.
11. Section 78-441(c), Plat Approval Prior to Dry Model Permits, to allow for the
issuance of building permits for model homes prior to platting. The Land
Development Regulations require that no building permits be issued prior to
recordation of a plat with Palm Beach County.
12. Section 78-506, to allow for sidewalks on one side of the street. The Land
Development Regulations require sidewalks on both sides of the street.
SECTION 5. Said Site Plan within a Planned Community District (PCD) shall be
constructed in compliance with the following plans on file with the City's Growth
Management Department:
1. October 4, 2002, Site Data and Site Plan by Shah Drotos & Associates,
sheets SP-1 through SP-7.
2. October 4, 2002, Paving, Grading and Drainage Details by Shah Drotos &
Associates, sheets SP-8 through SP-9.
3. October 4, 2002, Preliminary Engineering Plan by Shah Drotos &
Associates, sheets CE-1 through CE-5.
4. September 3, 2002, Landscape Plan by Murakami Landscape Architects,
Inc. and Urban Design Studio, sheets L-1 through L-7.
5.
July 2, 2002, Main Entrance Plan by Murakami Landscape Architects, Inc.,
sheet L-8.
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Resolution 94, 2005
6. October 3, 2002, Photometric Plan by KTD Consulting Engineers, sheet ES-
1.
7. June 14, 2002, Typical Lot Landscape Plans by Co#leur Hearing, Inc.,
sheets 1 through 5.
8. .lune 24, 2002, Recreatianal Facility Site Plan by Cotleur Hearing, Inc., one
sheet.
9. June 14, 2002, Recreation Area and Open Space Landscape Plans by
Cotleur Hearing, Inc., two sheets.
10. July 3, 2002, Temporary Sales Trailer Plan by Cotleur Hearing, Inc., one
sheet.
11. July 5, 2002, Temporary Sales Trailer Elevations by Steven J. Bruh,
Architect, sheet 1 of 1.
12. June 10, 2002, Plot Plan for 45' Lot Homes by M/1 Homes, two sheets.
13. June 10, 2002, Floor Plans and Elevations for 45' Lot Home Type "D" by M!I
Homes, sheets D-1 through D-4 (D-2 & D-4 dated December 20, 2001).
14. June 10, 2002, Floor Plans and Elevations for 45' Lot Home Type "E" by M/I
Homes, sheet E-1.
15. June 11, 2002, Floor P1ans and Elevations for 45' Lot Home Type "E" by M/I
Homes, sheet E-2.
�6. December 20, 2001, Floor Plans and Elevations for 45' Lot Home Type "E"
by M/I Homes, sheet E-3.
17. June 11, 20Q2, Floor Plans and Elevations far 45' Lot Home Type "F" by M/I
Homes, sheet F-1.
18. December 20, 2001, Floor Plans and Elevations for 45' Lot Home Type "F"
by M/I Homes, sheets F-2 through F-3.
19. December 20, 2001, Floor Plans and Elevations for 45' Lot Home Type "H"
by M/I Homes, sheets H-1 through H-2.
20. June 11, 2002, Floor Plans and Elevations for 45' Lot Home Type "J" by M/I
Homes, sheet J-1.
21. December 20, 2001, Floor Plans and Elevations for 45' Lot Home Type "J"
by Mll Homes, sheets J-2 through J-3.
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Date Prepared: June 9, 2005
Resolution 94, 2005
22. June 11, 2002, Floor Plans and Elevations for 45' Lot Home Type "K" by M/I
Homes, sheet K-1.
23. December 20, 2001, Floor Plans and Elevations for 45' Lot Home Type "K"
by M/I Homes, sheet K-2.
24. June 11, 2002, Floor Plans and Elevations for 45' Lot Home Type "L" by M/I
Homes, sheet L-1.
25. December 20, 2001, Floor Plans and Elevations for 45' Lot Home Type "L"
by M/I Homes, sheets L-2 through L-3.
26. June 10, 2002, Plot Plan for 60' Lot Homes by M/I Homes, one sheet.
27. June 10, 2002, Floor Plans and Elevations for 60' Lot Homes Scheme
"2778" by M/I Homes, sheet 1.
28. December 20, 2001, Floor Plans and Elevations for 60' Lot Homes Scheme
"2778" by MII Homes, sheets 2 through 3.
29. December 20, 2001, Floor Plans and Elevations for 6Q' Lot Homes Scheme
"2938" by M/I Homes, sheets 1 and 3.
30. June 11, 2002, Floor Plans and Elevations for 60' Lot Hames Scheme
"293$" by M/I Homes, sheet 2.
31. December 20, 2001, Ffoor Plans and Elevations for 60' Lot Homes Scheme
"2941" by M/I Homes, sheets 1 and 3.
32. June 11, 2002, Floor Plans and Elevations for 60' Lot Homes Scheme
"2941" by M/I Homes, sheet 2.
33. June 10, 2002, Floor Plans and Elevations for 60' Lot Homes Scheme
"3194" by M/I Homes, sheet 1.
34. December 20, 2001, Floor Plans and Elevations for 60' Lot Homes Scheme
"3194" by M/I Homes, sheets 2 through 3.
35. June 10, 2002, Plot Plans for Townhouses by M/I Homes, one sheet.
36. December 28, 2001, Floor Plans and Elevation for Townhome Type "1" by
M/I Homes, sheets 1-1 through 1-6 (sheets 1-1 and 1-4 dated June 11,
2002).
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Resolution 94, 2005
37. December 28, 2002, Floor Plans and Elevations for Townhome Type "2" by
M/I Homes, sheets 2-1 through 2-6 (sheets 2-1 and 2-4 dated June 11,
2002).
38. December 28, 2002, Floar Plans and Elevations for Townhome Type "3" by
Mll Homes, sheets 3-1 through 3-6 (sheets 3-1 and 3-4 dated June 11,
2002).
SECTION 6. Said approval shall be consistent with all representations made by
the applicant or applicant's agents at any workshop or public hearing.
SECTION 7. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: June 9, 2005
Resolution 94, 2005
PASSED AND ADOPTED this '7� day of 3� �y , 2005.
A�TEST:
BY:
CITY OF PALM BE
BY:
tricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMEMBER LEVY
COUNCILMEMBER VALECHE
COUNCILMEMBER BARNETT
�
I:�•f.X'►� . •
AYE NAY ABSENT
✓
✓
_�
✓
✓
G:lattorney_share\RESOLUTIONSIgables doa - reso 94 2005.doc
10
LORIDA
February 1, 2001
March 5, 20Q1
ORDINANCE 4, 2001
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE
APPROVAL OF AN APPLICATI4N FROM TOLL
BROTHER'S DEVELOPMENT COMPANY, INC. FOR
APPROVAL OF A RE-ZONING TO PLANNED COMMUNITY
DEVELOPMENT OVERLAY ZONING WlTH UNDERLYING
ZONING OF RL-3 (RESIDENTIAL LOW) TO ALLOW FOR A
434.19 ACRE, 530 DWELLING UN1T RESIDENTIAL
COMMUNITY WHICH INCLUDES AN 18-HOLE GOLF
COURSE AND A 45,000 SQUARE FOOT CLUBHOUSE
FACILITY �OCATED DIRECTLY EAST OF THE
iNTERSECTION OF HO(3D ROAD AND ALTERNATE A1A,
AS MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING FOR COND{TIONS OF APPROVAL;
PROVIDING FOR WA{VERS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens received an application
from Toll Brother's Development Company for approval of a 434.19 acre,
530 dwelling unit residential community which includes an 18 hole golf
course and a 45,000 square foot clubhouse facility, located directly east of
the intersectian of Hood Road and Alternate A1 A, as mare particularly
described in Exhibit "A" attached hereto; and
WHEREAS, the 434.19 acre site is currently zoned Planned
Development Area; and
WHEREAS, the Growth Management Department has reviewed said
application and determined that it is sufficient; and
WHEREAS, the Growth Management Department has reviewed said
application and determined that it is consistent with the City's
Comprehensive Plan and Land Development Regulations; and
WHEREAS, the Growth Management Department has recommended
approval nf the Planned Community Development (PCD) known as
Frenchman's Reserve; and
WHEREAS, the City's Planning
:
and Zoning Commission has
Ordinance 4 , 2001
Meeting Date: March 15 , 2001
Date Prepared: March 5, 2001
Petition PCD-00-07
reviewed said application and recommended that it be approved with the
requested waivers and subject to certain conditions stated herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF PALM BEACH GARDENS, FLORIDA:
SECTION 1. The City Council of the City of Palm Beach Gardens,
Florida hereby approves a 434.19 acre, 530 dwelling unit residential
community which includes an 18 hale golf course and a 45,000 square foot
clubhouse facility, located directly east of the intersection of Hood Road and
Alternate A1A, as more particularly described in Exhibit "A" attached hereto
and incorporated herein by this reference.
SECTION 2. Said Planned Community Development is approved
subject to the following conditions, which shall be the responsibility of the
applicant, its successors or assigns:
Project Plans and Uses
1) Fee simple residential lots shall not include parkways, landscape easements or
buffers, lake maintenance areas or any water management area, golf course ar
any other community-serving open space (Planning and Zoning).
2) Parcel access illustrated on the master plan is conceptual in nature and shall be
subject to site plan review and modification for geometry, operational and safety
design details. The County must also approve parcel access points onto Palm
Beach County roadways (City Engineer, Planning and Zoning).
3} Public road cross-sections, to be dedicated to Palm Beach County, are conceptual
in nature and shall be subject to joint review by Palm Beach County and Palm
Beach Gardens (City Engineer).
4) If the site plan approval has not been obtained and the applicant desires to
clear and rough fill a pod during the construction of lakes, the applicant shall
obtain approval from the Growth Management Department prior to performed
said work (City Engineer).
5) Within thirty days following the issuance af the first Certificate of Occupancy in
Pod G, the petitioner shall remove the temporary information center and
parking area (Planning and Zoning).
19
Ordinance 4 , 2001
Meeting Date: March 15 , 2001
Date Prepared: March 5, 2001
Petition PCD-00-07
6) During the course of the development, all property within the PCD shall be
platted (City Engineer).
Environmental Preservation and Landscapinq
7) The applicant, successors, or assigns shall be responsible for the installation and
maintenance of the landscaping (including irrigation, electricity, mastarm lighting,
crosswalk pavers, and overhead power) in the medians and along the eastern
road shoulders of Alternate A1 A for those sections of the roadway adjacent to the
Frenchman's Reserve Planned Community Development (PCD). The landscape
plans for Alternate A1A shall be prepared by the applicant based on the City
Roadway Beautification Master Plan, when said plan is adopted by the City. The
Alternate A1A landscaping shall be installed prior ta the first certificate of
occupancy of Pod G, or the applicants shall place monies, in an amount equal to
110% of the cost of the landscape improvements, in an escrow account
established by the applicant to be used by its successors or assigns to complete
the project. The City shall require, as a condition of approval of any new project
located west of the Frenchman's Reserve PCD, that such new project shall bear
its proportionate share of the cost of the continued maintenance of Alternate A1A
landscaping. In the event the City of Palm Beach Gardens, or another entity,
forms a special district pertaining to the landscape maintenance of Alternate A1A,
then the Frenchman's Reserve property owners association shall automatically
become a member of such special district. This condition may be amended at any
time by a separate agreement between the applicant and the City Palm Beach
Gardens (Planning and Zoning).
8) Within 90 days of the effective date of this development order, the applicant shall
submit detailed landscaped plans of the eastern shoulders of Alternate A1A right-
of-way, including medians, for that portion adjacent to the applicant's property and
post surety acceptable to the City and Palm Beach County for installation of said
landscaping. These plans shall be consistent with the proposed expansion of
Alternate A1A from four to six-lanes. Installation of landscaping shall occur
concurrent with the widening of Alternate A1A (Planning and Zoning).
9) Prior to approval of construction plans or commencement of land alteration,
whichever occurs first, the applicant shall provide a management plan for golf
course construction to ensure Best Management Practices are incorporated to
eliminate the potential for nutrient laden runoff into the wetlands. Techniques may
include spreader-swale, inverted fairways, etc. The plan shall also include
development pod, golf course and cart path topographic elevations (City Forester,
City Environmental Consultant).
20
Ordinance 4 , 2001
Meeting pate: March 15 , 2001
Date Prepared: March 5, 2001
Petition PCD-00-07
10) The applicant shall take extreme caution when filling in and around preservation
areas to ensure the protection of the root zone and canopy drip line area. No
detrimental changes in pH and topography/drainage may result in disturbance or
destruction of the preserve areas. Applicant's landscape architect and/or
environmental consultant during land alteration/construction activities shall monitor
protection of the preserve and buffer areas (City Forester, City Environmental
Consultant).
11) The proposed project shall be micro-sited to ensure the protectian of listed plant
and animal species, ensure that the highest quality wetlands and uplands are
preserved intact and ensure that an adequate buffer is maintained around all
preserved areas (City Forester, City Environmental Cansultant).
12) Prior to commencement of land alteration and/or construction, certification shall
be required from the applicant's landscape architect and/or environmental
consu(tant stating the highest quality preserve and buffer areas and all listed plant
and animal species have been maintained on-site within a functional ecosystem
(City Forester, City Environmental Consultant).
13) All preserve areas, native vegetation, and trees to be preserved shall be identified
with protective fencing. The Grawth Management Department shall conduct a site
visit prior to commencement of land alteration or clearing to confirm that the areas
identified pursuant to Chapter 102-10(5)e and the approved
Preservation/Relocation Plan are protected (City Forester, City Environmental
Consultant).
14) Within nine (9) months of the effective date of this development order, the
applicant shall submit detailed on-site road right-of-way and parkway/buffer
fandscape plans for al{ public roads and adjacent common space areas, including
pump station screening, for Growth Management Department approval. The
landscape plans for public roadways shall include conceptual median landscape
details. The maintenance of the landscaping shall be the obligation of the
applicant andJor its successors and assigns. Said landscaping shall be installed
consistent with the Master Plan (Planning and Zoning).
15) Detailed road right-of-way and buffer landscape plans for non-public roadways
shall be reviewed and approved by the Growth Management Department prior to
issuance of a permit to construct said road or phase thereof (Planning and
Zoning).
16) Prior to commencement of land alteration/construction of any golf courses, a
21
Ordinance 4 , 2001
Meeting Date: March 15 , 2001
Date Prepared: March 5, 2001
Petition PCD-00-07
conceptual landscape pian and grading plan for the entire galf area
(fairways/roughs, cart path areas, etc.} to be constructed shall be reviewed by the
Department, in consultation with the City Environmental Consultant. The plans
shall detail and locate all golf cart and maintenance pathways, bridges, golf course
structures, utility easements, vegetation to be preserved or relacated, and new
landscaping (Planning and Zoning, City Environmental Consultant).
17) Within nine (9) months of the effective date of this development order, the
applicant shall subrnit detailed PCD buffer plans for Growth Management
Department approval. The maintenance of the landscaping shall be the obligation
of the applicant and/or its successors and assigns. Buffers shall be installed
consistent with the PCD Buffer Plan (Planning and Zoning).
18) Preserves and buffers shall be unencumbered by maintenance, utility or drainage
easements, except as otherwise approved in the cross-sections or as may be
permitted in certain loca#ions subject to Growth Management Department
approval (Planning and Zoning).
19) The remaval of exotic vegetation, and the relocation of native vegetation anywhere
within the PCD may commence upan PCD approval. The City and the petitioner's
environmental/landscaping consultants shall monitor this work. No clearing of
native vegetation shall occur until confirmed to be ready for such work by
consultants through the City Forester and the Building Official.
Siqnaqe
20) The Planning and Zaning Commission and City Council shall review all entry
features to the project, including entry signage, water features, clocktowers, other
architectural features, and landscaping, as well as a master signage program, as
a separate petitian (Planning and Zoning).
Dedication and Improvements
21) The applicant and/or its successors or assigns shall be responsible for the
dedication and conveyance of a two acre site to be used for a fire/rescue and
police substation as illustrated in the Master Plan. The applicant shall provide
water, sewer, drainage and gas (if applicable) connections to the site concurrently
with the construction of Hood Road. Such dedication and conveyance shall occur
within 30-days following approval of golf course maintenance facility site plan
(Planning and Zoning).
22
Ordinance 4 , 2Q01
Meeting Date: March 15 , 2001
Date Prepared: March 5, 2001
Petition PCD-00-07
Traffic Concurrency and Circulation
22) Prior to the first certificate af occupancy, the applicant shall install the meandering
eight foat sidewalk along the portion of Alternate A1A that is adjacent to the site
(City Engineer).
23) All land areas within the project shall have completed the recordation of plats, and
the installation of on-site and off-site infrastructure and common landscaping (ar
providing surety for the same) prior to December 31, 2004. (City Engineer).
24) Prior to March 30, 2002, the applicant shall construct Hood Raad to a point of
Substantial Completion as approved by the City Engineer and Fire Chief.
Substantial Completion for Hood Road shall be defined as follows: the first lift of
asphalt shall be installed; a complete and operable drainage system shall be
installed; striping, if necessary, shail be installed; access of the entire alignment
shall be provided for use by the City of Palm Beach Gardens Fire Department;
and approval for use of the road by the Fire Department shall be granted by Palm
Beach County. The installation of landscaping, sidewalks, or lighting fixtures is not
required for substantial completion. After March 30, 2002, no additional building
permits (residential, sales center, models, recreation facility, etc. with the
exception of the proposed Fire Station) shall be issued unless the City accepts
substantial completion for Hood Road as noted above (City Engineer).
25) Prior to the issuance of the first residential building permit for each pod with the
exception of the model center, the City shall accept the Substantial Completion
of the Spine Road adjacent to and providing access ta said pod as approved by
the City Engineer. Substantial Completion for the Spine Road is defined as
follows: the first lift of asphalt and a complete and operable drainage system shall
be installed. The installation of landscaping, sidewalks, or lighting fixtures is not
required for substantial completion (City Engineer).
26) Prior to the issuance of the first residential building permit for each pod with the
exception of the model center, the supporting public infrastructure of said pod
shall be constructed and approved by the City. The raadway portion of each pod
shall be constructed to a paint of Substantial Completion. Substantial Completion
for the roadway within the pod is defined as follows: the first lift of asphalt and a
complete and operable drainage system shall be installed. Staff notes that the
installation of landscaping, sidewalks or lighting fixtures are not required for
Substantial Completion (City Engineer).
27) Prior to the issuance of the first building permit for any structure, the applicant
23
Ordinance 4 , 2001
Meeting Date: March 15 , 2001
Date Prepared: March 5, 2001
Petition PCD-00-07
shail pravide surety that is acceptable to the City for the construction of the public
improvements for the Spine Road. The applicant shall provide an annual
evaluation and adjustment of the surety for the Spine Road to account for inflatian
and fluctuations of construction costs. The annual evaluation and adjustment shall
be performed prior to the first day of February of each year {City Engineer).
28) Golf Course membership shall be exclusive mainly to the residents and their
guests. Non-resident memberships shall be permitted until development has
reached 640 trips from build-out, at which time non-resident memberships shall
no longer be valid (Traffic Concurrency Condition).
29) No more than 1,589 daily trips (any combination of single and multi-family units
generating 1,589 daily trips) may be permitted until the widening of Alternate A1A
from PGA Boulevard to Hood Road has commenced. This improvement is part of
the County assured construction program (Traffic Concurrency Condition).
30) No more than 2,336 daily trips (any combination of single and multi-family units
generating 2,336 daily trips) may be permitted until the construction of PGA
Boulevard/Alternate A1A flyover has commenced. This improvement is part of the
County assured construction program (Traffic Concurrency Condition}.
31) No more than 2,920 daily trips (any combination of single and multi-family units
generating 2,920 daily trips) may be permitted until the addition of eastbound and
southbound through lanes has commenced at the intersection of Alternate A1A
and Hood Road (Traffic Concurrency Condition).
32) No more than 3,451 daily trips (any combination of single and multi-family units
generating 3,451 daily trips) may be permitted until the addition of exclusive right-
turn lanes to the northbound, westbound and eastbound approaches at the
intersection of Alternate A1A and RCA Boulevard (Traffic Concurrency Conditian).
33) No more than 3,662 daily trips (any combination of single and multi-family units
genera#ing 3,662 daily trips) may be permitted until the construction of dual-left
turn lanes on the westbound and eastbound approaches at the intersection of
Military Trail and Donald Rass Road (Traffic Concurrency Condition).
34) No more than 4,385 daily trips (any combination of single and multi-family units
generating 4,385 daily trips) may be permitted until the conversion of one right-
turn lane to a left-turn lane (to provide triple left turns) on the northbound approach
at the intersection of PGA Boulevard and Victoria Gardens Avenue. It should be
noted that in the event that the FDOT does not approve this change in lane
configuration, a third left turn lane needs to be added to the northbound approach
24
Ordinance 4 , 20d1
Meeting Date: March 15 , 2001
Date Prepared: March 5, 2001
Petition PCD-00-07
(Traffic Concurrency Condition).
35) No more than 4,957 daily trips (any combination of single and multi-family units
generating 4,957 daily trips) may be permitted until the construction of an
additional exclusive northbound 1eft-tun lane at the intersection of Alternate A1 A
and Donald Ross Road (Traffic Concurrency Condition).
36) For all required improvements that are not included in the County assured
construction program, the Developer may enter into a Public Facilities Agreement
(PFA) acceptable to the City within 6-months of the issuance of the Development
Order, and before the first building permit is issued or provide the City with Surety
(110%) to guarantee the construction of said improvements (City EngineerlTraffic
Concurrency Condition).
37) The applicant shall signalize the intersection of Hood Road and Alternate A1A
prior to the Certificate of Occupancy for the Fire Station or prior to August 31,
2002, whichever comes first. The signal shall be instafled to be fully operational,
including all appropriate lane geometry (as determined by Palm Beach County
and the Fforida Department of Transportation), pavement markings, signage,
lighting, etc. as approved. The signal shall be linked to the fire station for use as
a pre-emptive signal until the activation of the full signal is warranted (City
Engineer).
38} The developer sha11 perform an annual Signal Warrant Study for the intersection
of Alternate A1A and Hood Road until such time that a fully operational signal is
warranted. The existing signal described in Condition No. 37 above shall be made
active once the intersection warrants a signal and meets the approval
requirements of Palm Beach County and the Florida Department of
Transportation. The developer shall pay the cost of the traffic signal and the City
shall reimburse the developer to the extent that the City collects funds pro-rata
from other new developments having an impact on the intersection (City
Engineer).
39} Hood Road shall be fully constructed including all related improvements
(landscaping sidewalk and lighting), approved by the City, and accepted by Palm
Beach County prior to August 31, 2002 (City Engineer).
40) Prior to the issuance of the building permit for Hood Road, the applicant shall
provide surety that is acceptable to the City and to Palm Beach County for the
construction of the public impravements for Hood Road. The "jaint" surety shall be
in a form that will be accessible to the City and/or Palm Beach County to install
said public improvements (City Engineer).
25
Ordinance 4 , 2001
Meeting Date: March 15 , 2001
Date Prepared: March 5, 2001
Petition PCD-00-07
41) No more than 1,788 daily trips (any combination of single and multi-family units
generating more than 1,788 daily trips) shall be permitted until the widening of
Prosperity Farms Road to four lanes from PGA Boulevard to Lone Pine Road has
commenced. This condition does not apply if the road received a CRALLS
designation (City Engineer).
42) Prior to the issuance of the final certificate of occupancy for this project, the spine
road and all of the internal roadways shall be fully constructed and approved by
the City of Palm Beach Gardens {City Engineer).
43) Prior to the first Certificate of Occupancy for a Pod, the applicant shall install the
landscaping for the Spine Road adjacent to and west of said pod to the
satisfaction of the City Forester (City Engineer).
44) Prior to the issuance of the building permit for the Recreation Center, the applicant
shall plat the entire Spine Road and provide surety for the construction of the
same (City Engineer).
45) Prior to the issuance of the Certificate of Occupancy for any building within the
Recreation Center parcel, the applicant shall construct the Spine Road to a point
of Completion, less the final lift of asphalt. Staff notes that the installation of
landscaping, sidewalks, and lighting will be required along the south side of the
spine road to accommodate safe pedestrian access to the Recreation Center.
Temporary crosswalks shall be provided across the spine road from each pad
entry to said southerly sidewalk (City Engineer).
46} The applicant shall perform an annual Signal Warrant Study for the intersection
of Prosperity Farms Road and Flamingo Road until such time that a fully
operational signal is warranted or until the final Certificate of Occupancy of the
project is issued, whichever comes first. If the signal becomes warranted within
the above timeframe, the applicant shall contribute its pro-rata share of the
installation cost of said signal (Planning and Zoning/City Engineer}.
47) The applicant shall dedicate the Hood Road right-of-way by August 31, 2002 (City
Engineer).
Surface Water Manaqement
48) No construction of any portion of the surface water management system shall be
undertaken without first submitting construction plans, specifications, and
26
Ordinance 4 , 2001
Meeting Date: March 15 , 2001
Date Prepared: March 5, 2001
Petition PCD-00-07
supporting computations for review and approval by the City. No construction of
any portion of the surface water management system shal! be undertaken without
first submitting to the City plans, specifications and supporting computations for
review and approval by the City (City Engineer).
49) Any proposed changes to any South Florida Water Management District permit
shall be concurrently submitted to the City for review and City approval (City
Engineer).
50) A sum total of area(s) constituting no less than 15% nor more than 25% of the
total shoreline distance shall be constructed as littoral shelf at the ratio of 10
square feet of shelf per running foot of shoreline (City Engineer).
51) Prior to the issuance of the first building permit, the applicant shall convey ta the
City in fee-simple ownership 40-feet of canal right-of-way lying north of the
southerly property line of the subject parcel (City Engineer).
52) Prior to the issuance of the first building permit, the applicant shall submit a design
that is acceptable to the City Engineer for a means of conveying or for the flow of
water in the Cabana Colony Canal and the proposed second outfall from
NPBCID's Unit 2 under or through the proposed second outfall from NPBCID's
Unit 2 under or through the proposed vehicular access to the Golf Course
Maintenance Facility, including any increased flow from the proposed second
outfall from NPBCID's Unit 2(City Engineer).
53) Prior to the issuance of the first building permit, the applicant shall provide to the
City a recorded copy of a drainage easement and a drainage agreement between
the developer and Palm Beach County for any proposed stormwater discharge
into and through Frenchman's Forest (City Engineer).
54) The applicant shall comply with alf Federal EPA and State of Florida
Department of Environmental Protection NPDES permit requirements,
including but not limited to, preparation of a stormwater pollution prevention
plan and identification of appropriate Best Management Practices (BMP) for
construction activities, submission of a Notice of Intent to EPA or their
designee, implementation of the approved plan, inspection and rnaintenance
of controls during construction, and submission of a stormwater Notice of
Termination.
55) The construction, operation andlor maintenance of any elements of the
subject project shall not have any negative impacts on the existing drainage
of surrounding areas including but not limited #o Frenchman's Creek,
27
Ordinance 4 , 2001
Meeting Date: March 15 , 2001
Date Prepared: March 5, 2001
Petition PCD-00-07
Frenchman's Landing, Frenchman's Forest and Cabana Colony. If, at any
time during the project development, it is determined by the City that any of
the surrounding areas are experiencing negative drainage impacts caused
by the project, it shall be the applicant's responsibility to cure said impacts
in a period of time and a manner acceptable to the City.
56) Prior to the issuance of any permits for construction of residential homes and
golf club facilities, a contract shall be let and a notice to proceed shall be
issued by the applicant for the construction of that portion of the surface
water management system such that legal positive drainage, required levels
of service, and performance standards for flood protection in accordance
with the City's codes and ordinances are achieved so that in the event the
project is temporarily or permanently discontinued, the partially constructed
system will meet all required surface water management system levels of
service and performance standards. No Certificates of Occupancy will be
issued until the approved phased portion of the surface water management
system has been completed, certified by the engineer of record, and
determined acceptable by the City Engineer and SFWMD.
57) The applicant shall work with Frenchman's Creek's Property Owners
Association to resolve the issues discussed in the letter dated March 14,
2001, from Frenchman's Creek to the City's Growth Management
Department. The resolution of the issues shall include a plan of
improvements, schedule of completion and a monitoring schedule after
completion. The plan and schedules shall be submitted for review, and
approved by the City Engineer prior to the issuance of the first building
permit, excluding the sales trailer.
��.i • • l=�•F7"t%.
58) The applicant, successor or assigns shall post a notice of annual school boundary
assignments for students from this development in a manner required by the Palm
Beach County School District (Planning and Zoning).
Utilities
59) All utilities shall be placed underground and within road rights-of-way or recorded
easements, unless specifically approved by the Grawth Management Department
(Planning and Zoning).
60) Upon approval of the development order, the applicant shall secure a"Seacoast
Utility Authority Capacity Allocation Commitment for Public Water and/or Sewer
28
Ordinance 4 , 2001
Meeting Date: March 15 , 2001
Date Prepared: March 5, 2001
Petition PCD-00-07
Service", which shall be verified by the delivery of a fuliy executed copy of the
document to the Planning and Zoning Division within 30 days if granting the
development order (Planning and Zoning).
61) Prior to the issuance of the building permit for each Pod, along with corresponding
access and common spaces, the applicant shall provide approval letters from the
appropriate utilities to relocate existing easements {Planning and Zoning).
Public Safety
62) Crime Prevention Through Environmental Design {CPTED) principles established
through cooperation with the City's Crime Prevention Division shall be utilized
during the site planning of the development parcels (Police Department, Planning
and Zaning).
63) The applicant and/or its successor and assigns shall pravide a stabilized road
base, subject to City standards, for fire/emergency access to each development
parcel prior to the start of construction within said parcel (City Engineer, Fire
Departmen�).
Disclosure
64) Prior to the issuance of the first residential building permit, except model homes,
the master property owners association documents and restrictions shall be
furnished by the applicant to the City Attorney for review and approval prior to
such documents being recorded in the Public Recards of Palm Beach County
(City Attorney}.
65) An annual repart shall be submitted to the Growth Management Department by
February 14�' of each year, until the project has reached buildout, that describes
the projects current status and compares its progress with the provisions af the
development order (Planning and Zoning).
SECTION 3. Waivers are hereby granted with this approval, as
indicated in exhibit "B" attached hereto.
SECTION 4. Construction of the Planned Community Development
shall be in compliance with the following plans on file with the City's Growth
Management Department:
�9
Official Exhibits:
1.
2.
3.
�
�
�
7.
8.
r�
9.
10.
11
12
13
14
15
16
Ordinance 4 , 2001
Meeting Date: March 15 , 2001
Date Prepared: March 5, 2001
Petition PCD-00-07
March 2, 2001 Master Site Plan, Land Design South, 1 Sheet
December 14, 2001 PCD Buffer Plan, Krent Wieland, LA-PCD-1
November 7, 2001 PCD Buffer Plan, Krent Wieland, LA-PCD-2
through LA-PCD-9
January 29, 2001 Hood Road Landscape Plan, Krent Wieland, LAHR-
1 through LA-HR-7
January 29, 2001 Flamingo Road Landscape Plans, Krent Wieland,
LAFR-1 through LAFR-5.
August 16, 2000 Hood Rd. and Alternate A1 A Conceptual Landscape
Plans, Krent Wieland, LA-E1 through LA-E4.
September 27, 2000 Detail Sheet, Krent Wieland, LAHR-8
December 15, 2000 Spine Road Landscape Detail, Krent Wieland,
LA-G LT
January 18, 2001 Master Drainage Plan, The Wantman Group, 2
Sheets
January 18, 2001 Paving, Grading and Drainage Plan, Wantmann
Graup, 14 Sheets
January 18, 2001 Pavement, Marking and Signing Plan, Wantmann
Group.
December 15, 2000 Hood Road/Flamingo Road Roadway Sections,
Palm Beach County Engineering, 22 Sheets
December 14, 2000 Wetland Mitigation, Typical Cross Sectians, CRZ
Environmental, 1 Sheet
September 12, 2000 Mitigation Site Plan, CRZ Enviranmental, 1 Sheet
October 2, 2000 Lighting Plan, Lighting Dynamics, Inc., Sheets L-
through L5.
November 8, 2000 Boundary Survey, Petzgold and Associates, 2
Sheets
July 15, 1999 Topographic Survey, �andmark Surveying &
Mapping Inc., 4 Sheets
Supportinq Documents:
17
18
19
20.
June 9, 1999 Traffic Impact Analysis, Yvonne Ziel Associates
September 19, 1999 Application for Alteration of Environmentally
Significant Lands, Land Design South
August 2000, Uplands Preserve Management Plan, Gaia Consortium,
Inc.
February 2, 2001 Memorandum of Understanding, Frenchman's
Creek Hameowners Association, 1 Sheet
30
Ordinance 4 , 2001
Meeting Date: March 15 , 2001
qate Prepared: March 5, 2001
Petition PCD-00-07
SECTION 5. This approval expressiy incorporates all representations
made by the developer of its agents at any public meeting or hearing.
SECTION 6. If any section, paragraph, sentence, clause, phrase, or
word of this Ordinance is for any reason held by a court of competent
jurisdiction to be unconstitutional, inoperative or void, such holding shall not
affect the remainder of the Ordinance.
SECTION 7. All ordinances ar parts of ordinances of the City of Palm
Beach Gardens, Florida, which are in conflict with this Ordinance are hereby
repealed.
SECTION 8. This Ordinance shall be effective upon adoption.
PLACED ON FIRST READING THIS j��DAY OF 1'�� 2001.
PLACED ON SECOND READING THIS IS" DAY OF f'vl�t�c, 2001.
��
PASSED AND ADOPTED THIS /5 DAY OF IMa� 2001.
COUNCI
COUN
VID CLARK
- -
u•� ;. t•_
ATTEST BY:
31
,
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CAROL GO MMC
CITY GLER
APPROVED AS TO LEGAL
FORM AN� SUFFICIENCY BY:
CITY ATTORNEY
VOTE:
MAYOR RliSSO
VICE MAYOR JABLIN
COUNCILMAN CLARK
COUNCILPERSON FURTADO
COUNCILMAN SABATELLO
AYE
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NAY
Ordinance 4 , 2001
Meeting Date: March 15 , 2001
Date Prepared: March 5, 2001
Petition PCD-00-07
ABSENT
BOARD ADOPTED SCHOOL CONCURRENCY TABLE 8/3/2010
CONCURRENCY SERVICE AREA - 1
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BOARD ADOPTED SCHOOL CONCURRENCY TABLE 8/3/2010
CONCURRENCY SERVICE AREA - 2
09/10-ACNAL 10/11-iROJECTEO 11/71-PROJECTED 13/1l-PROJECTED 1]/1�-IRpJECTED 1M15•PROJECTED
ENROLLMENT ENtOLLMENT ENROLLMEHT ENtOLLMENf E�ADLIMENT ENROLLMEM
N,(1�E Portable
OF ��:� < < _ $ � ., s` s` ., `s .. fi PLANNING
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ELEMEMARY
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ESTOTAL/AVG 639 6]] 5]5 91% 111% 6I5 67] 575 91% 110% 609 677 575 90% 106X 601 6]] 5]5 t9% 105% 59� 677 5]5 66% !!% 5!7 67] 575 67% 102%
BOARD ADOPTED SCHOOL CONCURRENCY TABLE 8/3/2010
CONCURRENCY SERVICE AREA - 3
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BOARD ADOPTED SCHOOL CONCURRENCY TABLE 8/3/Z010
CONCURRENCY SERVICE AREA - 4
09/10-ACTllAL 10/11•YROJECTEO 11/12•YROJECTEO iL1]-PROJEC7ED 1J/14-�ROJECfEU 1�/15•PROJECTED
ENROLLMEM ENtOLLMEM ENROLLMEM ENROILMENf EIAOLLMENT ENROLLMEM
NAME Portnble
OF cm:s- — � � < < .� .. .� .$ c .$ .� c PLANNING
n _° a.4 n n� $� n n� $�' q E.Y i E q q� E`6 q E.y
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BOARD ADOPTED SCHOOL CONCURRENCY TABLE 8/3/2010
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Service Area 9
09/10-ACTIIAL 10/11-PROJEREO 11/13-PROJECTED 1L1]-iROJECTEO 1]/11-PROJECTED 14/15-PROJECTED
ENROLLMENT ENROLLMEM ENROLLMENf ENtOLLMEHf ENROLIMEM ENROLLMEHf
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BOARD ADOPTED SCHOOL CONCURRENCY TABLE 8/3/2010
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BOARD ADOPTED SCHOOL CONCURRENCY TABLE 8/3/2010
CONCURRENCY SERVICE AREA - 12
09/10-ILTUAL 10/it•PROJE[TED 11/12-PROJERED 11/i]-PROJECTED iJ/1�-PROJECTEO 1V15•PROJECTED
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O� q � _ ._ € € PLANNING
a„:- q N .� & ° q q .$ & � q � q .� E E � � � .� & € � �p � .� E ` � � : � �� SOLUTION
SCHOOL crziiio �a ds ¢ 8° LL� `� �o LL S' ' ""� ;a LL 8`° � 8'� �a � B � 8'Y =a � g 5 g� �a � � g�
g�s �s ° x� �� d � a,� d a; d s� r s; e� d d�
- s LL � �
ELENEMARY
Brnoist FarmsES 6]] fil 882 750 ]]% 9[1% 99% ]03 8B2 750 80% 9i% ]26 8B2 ]50 BI% 9]% '!11 BB2 750 HX 99% ]49 B82 ]50 BS% 100% 7A8 882 ]50 85% f00%
MelaleucaES 5 BI] 964 819 86% f01% 840 964 819 B7% f03% 856 961 819 89% 105% 861 %� 819 90% 105% 8l6 9b1 819 91% 107% en 961 819 90% f06%
PiMJagES R] 39 98B 840 734 86% 90Y� ]B8 988 840 80% 9�% BW 988 6W BiY 95% 820 9B9 840 83% 98% 8�1 988 Btl 85% 100% 851 988 BM 86% 101%
Moderniza[ion / Po[ential boundary
Wynnebrook ES 11 791 1] 961 ]l2 91% 10]% f09% 806 861 ]32 94% 1106 &W 861 732 98% 115% 853 Bbf ]31 99% 11]% 858 B61 732 t00Y6 11]% 851 ebt ]32 99% 11]% chanve to Hope Cen[ennial Aue,us[
2013
ES TOTAL/AVG 1,011 1,695 2,191 81% 126% ],117 1,91J J,1�1 112% 100% 1,222 2,81) 1,111 115% 103% 1,SJ7 7,695 1,111 69% !1% 1,124 3,695 J,1�1 90% 106X ],J15 Z,61J ],111 116X 106%
BOARD ADOPTED SCHOOL CONCURRENCY TABLE 8/3/2010
CONCURRENCY SERVICE AREA - 14
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CONCURRENCY SERVICE AREA - 15
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BOARD ADOPTED SCHOOL CONCURRENCY TABLE 8/3/2010
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CONCURRENCY SERVICE AREA - 20
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CONCURRENCY SERVICE AREA - 23
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ORDINANCE 2, 2011
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA ADOPTING AN AMENDMENT TO ITS
COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH
THE MANDATES SET FORTH IN SECTIONS 163.3177 AND
163.3187, ET SEQ., FLORIDA STATUTES, PURSUANT TO A CITY-
INITIATED AMENDMENT WHICH PROVIDES FOR THE ANNUAL
UPDATE TO THE FIVE-YEAR CAPITAL IMPROVEMENTS
SCHEDULE WITHIN THE CAPITAL IMPROVEMENTS ELEMENT,
INCLUDING REVISED TEXT NECESSARY TO UPDATE TABULAR
DATA IN THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING
THAT THE TEXT AND DATA, AS AMENDED OR REVISED, SHALL
BE SUBSTITUTED FOR AND REPLACE THE EXISTING TEXT OR
DATA IN THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING
FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY;
PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE,
AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, the City Council adopted the City of Palm Beach Gardens
Comprehensive Development Plan on January 4, 1990; and
WHEREAS, the City Council adopted Ordinance 8, 2005 on June 16, 2005,
which required an annual update of the Five-Year Schedule of Capital Improvements;
and
WHEREAS, Policy 9.1.1.1. of the City
requires all capital facility projects (renewal an�
maintain the adopted level of service and which
be included in the Five-Year Schedule of Capital
s Comprehensive Development Plan
replacement) needed to achieve and
are over $50,000 in estimated costs to
Improvements; and
WHEREAS, the City Council has determined that it
9A & Table 9B of the Capital Improvements Element and
order to update the Capital Improvements Element consi:
Ordinance 8, 2005; and
is necessary to repeal Table
readopt same, as revised, in
;tent with Policy 9.1.1.1. and
WHEREAS, on January XX, 2011, the Planning, Zoning, and Appeals Board,
sitting as the Local Planning Agency, recommended approval of this amendment to the
Capital Improvements Element of the Comprehensive Plan by a vote of X-X; and
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2
Ordinance 2, 2011
WHEREAS, the City of Palm Beach Gardens has held all duly required public
hearings and has received public input and participation through public hearings before
3 the Local Pianning Agency and the City Council in accordance with Section 163.3184,
4 et seq., Florida Statutes; and
5
6 WHEREAS, the City Council finds that this amendment is consistent with the
7 City's Comprehensive Development Plan; and
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WHEREAS, the City Council desires to adopt the amendment to the current
Comprehensive Development Plan to guide and control the future development of the
City, and to preserve, promote, and protect the public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
19 SECTION 2. The Capital Improvements Element of the City's Comprehensive
20 Plan is hereby amended by repealing Tables 9A and 9B and readopting same as revised;
21 providing that Tables 9A and 9B shall hereinafter read as follows:
22
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25
(Please see the attached Exhibits)
Exhibit A — Table 9A
Exhibit B — Table 9B
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fi�7
Ordinance 2, 2011
SECTION 3. The City's Director of Planning & Zoning is hereby directed to
transmit one (1) copy of the amendment to the current Comprehensive Development Plan
to the State Land Planning Agency within ten (10) working days of adoption, along with a
copy of the executed adopting ordinance, ordinance effective date, a copy of the public
hearing notice, and all other necessary documents in accordance with Section 163.3187,
et seq., Florida Statutes. A copy of the above shall also be sent to the Treasure Coast
Regional Planning Council and to any other unit of local government that has filed a written
request for same.
SECTION 4. All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
SECTION 5. Should any section or provision of this Ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the remainder of this Ordinance.
SECTION 6. Specific authority is hereby granted to codify this Ordinance.
SECTION 7. This amendment shall become effective thirty-one (31) days after
20 adoption. No development orders, development permits or land uses dependent on this
21 amendment may be issued or commence before it has become effective. If the
22 Ordinance is timely challenged by an "affected person" as defined in Chapter 163,
23 Florida Statutes, the amendment does not become effective until a final order is issued
24 finding the amendment in compliance.
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PASSED this day of
PASSED AND ADOPTED this
second and final reading.
CITY OF PALM BEACH GARDENS
BY:
David Levy, Mayor
Robert G. Premuroso, Vice Mayor
Joseph R. Russo, Councilmember
Eric Jablin, Councilmember
Marcie Tinsley, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Ic�'�
R. Max Lohman, City Attorney
day of
FOR
Ordinance 2, 2011
2011, upon first reading.
2011, upon
AGAINST ABSENT
Ordinance 2. 2011
EXHIBIT "A"
Table 9A
CITY OF PALM BEACH GARDENS
FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS
CAPITAL IMPROVEMENTS ELEMENT
(This replaces the old Table 9A)
ELEMENT
TRANSPORTATION
Traffic Signal-Gardens Parkway & Kew Gardens Dc Carry forward
Traffic Signal-Hyatt Dr.-Prior Year carry Forward
Intersection Improvement - PGA @ Lake Victoria Gardens Dr
Traffic Signal-Kew Gardens @ Minsk Gardens Blvd
Traffic Signal-Fairchild Gardens Dr. @ Fairchhiitl Avenue
Traffic Signal-Mililary Trail @ Johnson Dairy Road
Traffic Signal Installation
Kyoto Gardens Drive Extension-Prior Year Carry Fonvard
Bridge Refurbishment Program
Traffc signal-PBG High School Lilac SL - Carry Forward
117th CouR N. Improvements
Bums Road Debt Payments
GrandiFlora Road West of Central to Parkside Drive
Parkside Drive from Donald Ross Road to GrandiFlora Road
Gardens Drive Turn Lanes
AIL AINRCA Blvd
Victoria Falls Boulevard & Military Trail
Military Trail & Lilac St.
Propseriry Farms Rd & Flamingo Rd
Burns Rd & Military Trail
Total
POLICE
dReceivedTransmitter- Westward Expansion
� Vehicles
�le Tra�c Control Lights
�ency Operations Center Project-Prior Year Carry Forward
Auto Vehicle Locator (AVL)
& Improvements
Total
FUNDING
201012011 2011/2012 2012I2013 201312074 201412015 SOURCE Explanation
y400,000 Impact Fees Installation of a lra�c signal at intersection.
$109,146 Developer Installation of a tra�c signal at intersection.
$500,000 Impact Fees Consfruction of tum lanes.
3 500,000 Impact Fees Installation of a iraffc signal at intersection.
5 500,000 Impacl Fees Instailation of a tra�c signal at intersection.
$ 500,000 Impact Fees Installation of a traffic signal at intersection.
5 500,000 Impact Fees Anticipated pending results of traffic sWdy
Design antl construction of railroad crossing, 4 lane roadway, and traffc signal at
$28,230 Impacl Fees intersection
Refurbish existing bridges wilhin the Ciry rights-of-way and add capacity for pedestrians
$1,078,000 �449,000 $449,000 �449,000 Gas Tax and bicycles
Suport Palm Beach Gardens High with their efforts to install the signal at Lilac and
$270,220 Impacl Fees Military Trail
Increasing capaciiy by roadway expansion, paving, atlding bus lanes, improving
5500,000 Impac( Fees drainage, antl adding parking facilities in the area for parent drop-off and pick up
$699,400 $700,490 S699,890 $698,060 �694,700 Impact Fees Burns Road was widended in 2003 from hvo lanes to four lanes
$4,700,000 Developer Briger DRI
$2,200,000 Developer Briger DRI
5500,000 Impact Fees Improve approach ro allow for additional capaciry at Gardens Drive
$ 132,237 Developer Eastbound righi-turn lane
$ 483,012 Developer Installation of a Uaffc signal at intersection.
S 400,000 PBC School Board Tra�c Signal Installation
$ 199,347 Developer Installation of a traffc signal at intersection.
$ 4,000,000 PB� Right and left Wrn lanes onto Bums Rtl, on Mil. Trl
$ 3,217,233 $ 2,549,490 $ 6,131,902 $ 9,047,060 � 1,394,047
$50,000 $60,000 �110,000
$125,000
�3,059,204
�y156,000
$3,215,204 $50,000 $60,000 y235,000
5350,000 General Fund To accomodate communications during westwartl expansion
General Fund Vehicles for eligible police offcers
General Fund Traftic control devises for major intersections during power outages
Impact Fees Emergency operations center for hurricanes and other critical incidents
General Fund to expidite dispatch of police offcers based upon their location
$500,000 �mpact Fees structure and equipment for indoor firing range
$850,000
ELEMENT FUNDING
201012011 201112012 201212013 201312014 201412015 SOURCE Explanation
FIRE RESCUE
Extrication Equipment �125,000 General Fund
SCBA Equipment $300,000 GeneralFund
Total $0 $125,000 530Q000 SO $0
DRAINAGE
Stormwater Debt Payments $368,405 $366,955 $369,805 5366,985 S368,525 General Fund
Total $368,405 $366,955 $369,805 $366,985 8368,525
PARKS & RECREATION
PGA Park Construction-Prior Year Carry Forward ��42,248 Impac� Fees Expanding pa�
On Course Restrooms $150,000 Special Revenue 2 cliws enviro
PIanULilac Park Expansion $500,000 5800,000 Impacl Fees Expanding pai
Tennis Center Clubhouse Expansion $1,000,000 Impact Fees Address need
Lilac Park Phase III-Prior Year Carry Fonvard $327,541 Impact Fees Park Expansic
Lilac Park Phase IV FRDAP Granl $400,000 Impact Fees State grant mt
RYEC Exterior Courf/Play Area �50,000 General Fund Addition of a n
Mirasol Community Center Renovations 568,000 Special Revenue Renovation of
Aquatic Complex Deck ExpansionlRestrooms-Carry Forwards �130,427 Impact Fees Expansion of:
Additional pla�
Dog Park Renovations $150,000 Impact Fees signage; recor
Re-grading an
appropriate sp
benches; warr
Gardens Park Multi Purpose Field Renovations �200,000 �150,000 Impact Fees walerfoutains
Addilion of a n
RYEC Exterior CouNPlay Area $50,000 General Fund facility
Purchase of a
Shade StrucWre for Golf Course Driving Range �50,000 Special Revenue night timelrain
Expand buildir
as an after tou
range lo maxir
Golf Course Expansion 5400,000 Rec Impact dispensement
Total $1,668,216 $900,000 $950,000 51,100,000 $550,000
Grand Total All Efements $8,469,058 $3,991,445 $7,811,707 $10,749,045 $3,162,572
k to include multipurpose feld, lighting, picnic faciliiies, and site improvements
�menlal restrooms for golf customers
� to include fshing pier, playground, soccer feld, hiking trail, basketball court, exercise trail
�f expanding tennis center clubhouse and match number of courts al facility.
� Project
tch for park expansion project
ulti-purpose, hard surface, fenced in court play area at the youth day care faciiity
1he community center to increase recreation programs
pray playground and addition of restrooms
equipment, shade structures, seating, fencing, lighting, water and
figuration of access points; replacement of sod, mulch, trees and shrubs.
i reallignment of feld confguralion to optimum usage; new inigation and
xts turf; group pavilion, bleachers, shade structures and covered team
iup and practice areas for increased utilization of available area; additional
�nd walkways for disabled access.
ulli-purpose, hard surface, fenced in court play area at the youth day care
olling 41' Canopy shade struct�re system motorized with wheels to allow
day play.
� approximately 2,000 additional sq ft to utilize cart staging area to double
nament outdoor banquet area; add lighting system to illuminate the driving
iize potential revenue; add small staging and storage area for self serving
�f range balls on driving range.
Summary of Capital
Exhibit "B"
1�17C�`l:�
CITY OF PALM BEACH GARDENS
Improvements Program for Palm Beach
Adopted on September 7, 2010
(This replaces the old Table 9b)
Ordinance 2, 2011
County School Board
SDPBC Board Adopted, September 7, 2010
Summary of Estimated Revenues for Fiscal Years
2011- 2015
Prior Year FY FY FY FY FY
Estimated Revenue Total Revenue Plan Years 2011 2012 2013 2014 2015
State Sources
Charter School Capital Outlay 20,817,124 3,524,389 17,292,735 3,458,547 3,458,547 3,458,547 3,458,547 3,458,547
CO & DS 6,690,535 1,871,640 4,818,895 963,779 963,779 963,779 963,779 963,779
COBI Bonds 9,700,000 9,700,000 9,700,000 0 0 0 0
PECO Bonds - Const. 6,832,609 0 6,832,609 0 0 145,105 4,120,537 2,566,967
PECO Bonds - Maintenance 35,786,563 1,963,985 33,822,578 5,443,341 3,120,454 7,607,626 8,372,047 9,279,110
Subtotal State Sources $79,826,831 $7,360,014 $72,466,817 $19,565,667 $7,542,780 $12,175,057 $16,914,910 $16,268,403
Local Sources
Special Millage (1.5 mil) 1,196,501,008 212,964,160 983,536,848 193,965,385 184,267,115 193,316,474 201,648,414 210,339,460
Special Millage Discretionary I
(FY 11: .07 mil, FY12: .09 mil, FY13: .02 mil) 36,598,956 13,913,658 22,685,298 9,051,718 11,056,027 2,577,553 0 0
Special Millage Discretionary II (.25 mil) 35,494,027 35,494,027 0
Carryover 140,016,549 0 140,016,549 74,873,484 27,000,000 23,000,000 15,143,065 0
Impact Fees 16,435,860 2,739,310 13,696,550 2,739,310 2,739,310 2,739,310 2,739,310 2,739,310
Interest Income 12,500,000 2,500,000 10,000,000 1,500,000 1,750,000 2,000,000 2,250,000 2,500,000
Revenue Prior to FY 11 850,448,606 850,448,606 0
�
995,006 $1,118,059,761 $1,169,935,245 $282,129,897 $226,812,452 $223,633,337 $221,780,789 $215,578,770
Other Revenue Sources
Qualified School Construction Bond Proceeds 67,666,000 67,666,000 67,666,000 0 0 0 0
RAN Proceeds 55,826,022 55,826,022 0
Referendum 151,123,000 90,776,000 60,347,000 60,347,000 0 0 0 0
Revenue Sources
u
13,000 0 0 0 0
TOTAL REVENUES $2,642,436,859 $1,272,021,797 $1,370,415,062 $429,708,564 $234,355,232 $235,808,394 $238,695,699 $231,847,173
Summary of the Capital Improvement Program for Fiscal Years
Total
Construction
New Schools
Hope-Centennial Elementary (06-D)
Pahokee Area Middle (03-MM)
Everglades Elementary (03-V�
iubtotai New Schools
Modernizations /
CO Taylor Elementary Modernization
Future School Modernizations
Galaxy Elementary Modernization
Glades Area Elementary Modernization
(Gladeview Elem or Rosenwald Elem)
Gove Elementary Modernization
Northboro Elementary Modernization
Palm Beach Gardens High Modernization
Plumosa K-5 Elementary Modernization
Royal Palm School Modernization
Suncoast High School Modernization
West Area Education Complex Modernization
Additions and
Banyan Creek Elementary Core Addition
Belle Glade Elementary Addition Pre-K
Boca Raton High Swimming Pool
Boynton Beach High Academy
Canal Point Elementary Brick Repiacement
Carver Middle Core Addition
Classroom Technology Projects
Covered Walkways
Crestwood Middie Classroom & Core Addition
Fulton Holland Window Replacement Project
H.L. Johnson Elementary Addition
JF Kennedy Middle Athletic Fields
Jupiter Middle Classroom Addition
Jupiter Middle Schooi Renovation
30,999,465
37,296,466
27.378.116
v 375,000
27,101,545
31,607,957
36,811,365
33,409,133
105,522,848
30,794,290
42,092,283
91,541,495
1.914.043
5,304,965
7,827,638
3,311,548
10,630,590
50,000
300,000
9,000,000
16,000,000
14,047,942
7,768,357
16,286,348
2,310,000
2,660,390
1,790,000
2011-2015
rior to
2011
30,999,465
37,296,466
27,378,116
95,674,047
40,722,493
375, 000
3,181,987
0
3,431, 987
33,409,133
105,522,848
30,794,290
42,092,283
91,541,495
1.914.043
7,827,638
3,311,548
10,630,590
50,000
300,000
9,000,000
5,300,000
14,047,942
7,768,357
16,286,348
2,310,000
2,660,390
1,500, 000
Plan Years I 2011 2012 2013 2014 2015
23,91
31,607,9
33,379,3
C
CI
0
0
0
0
0
0
10,700,000
0
0
0
0
0
290,000
23,919,558
31,607,957
33,379,378
:��%�3
10,700,000
290,000
�
Summary of the Capital Improvement Program for Fiscal Years
Totai
Lake Worth Middle Core Addition
Manatee Elementary Addition
Pahokee Elementary Addition
Pahokee High Remodeling
Pahokee High Stadium
Palm Beach Lakes High Addition & Academy
Relocatables and Modulars Purchase
Seminole Trails Elementary Addition
Village Academy Buildout
Weilington Elementary Addition
Wellington High Veterinarian Academy
Whispering Pines Elementary Addition
Whisperinq Pines Classroom and Core Addition
Site Acquisition
Site Acpuisition
Capital Contingency
COP Lease Payments
Commercial Paper Payments
Repayment of RAN
Subtotal Debt Service
n
1,500,000
15,809,357
1,452,683
4,817,988
13,223,423
14,521,190
4,500,000
13,964,012
1,700,000
22,205,230
2,907,203
4,518,105
8,409,936
06.816,905
62,134,449
884,000,000
250,000,000
129.546.777
�
2011-2015
2071
1,500,000
15,809,357
1,452,683
0
13,223,423
14,521,190
3,500,000
13,964,012
1,700,000
22,205,230
2,907,203
4,518,105
2,455,849
79.073.675
5,
36,800,202
152,000,000
250,000,000
72.746.444
Plan Years
0
0
0
4,817,988
0
1,000,000
0
0
0
0
0
2011
4,817,988
F
E�
148,000,000
56
2012
1,000,000
2,614,310
146,000,000
148,614,310
149.614,310
2013
3,884,415
146,000,000
$149,884,415
2014
7,984,847
146,000,000
$153,984,847
$153.984.847
2015
�
6,391,636
146,000,000
�
Summary of the Capitai Improvement Program for Fiscal Years
Non-Construction
Maintenance
ADA
Athletic Facilities and Piayfields
Building Envelope Maintenance Program (BEMP)
County Wide Custodial Equipment
Environmental Service Contracts
Fire & Life Safety Systems
Maintenance Projects
Minor Projects
Minor Projects - CSIR Projects
Minor Projects - Fencing / Security
Minor Projects - HVAC Projects
Minor Projects - Playground Replacement/Upgrades
Minor Projects - Storage Projects
Minor Projects - Titie 9 Gender Equity
Preventive Maintenance
Relocatables - Leasing
Relocatables - Relocation
Proiected Maintenance Proiects for FY 12 - 15
Charter Schools Capital Outlay
Maintenance of Equipment
Maintenance of Facilities
Technology Maintenance
Property and Flood insurance
Survivor's Facility Lease
Television Education Network
Prolected Transfer for FY 12 - 15
Subtotal Transfers to General Fund
n
a
for
pment
ation for FY 12 - 15
Total
600,000
770,000
1,680,253
115,000
2,863,248
1, 000, 000
3, 528, 307
6,046,164
200, 000
300,000
575, 000
300,000
200,000
250,000
2,906,960
54,600
5,764,477
3,483,129
0.637.138
6,982,936
4,968,002
78,892,891
49,564,348
17,684,819
1,432, 301
1,991,960
251,123,468
2011- 2015
2011 I Plao Years
200, 000
770,000
1,680,253
115,000
1,631,624
500,000
3,528,307
6, 046,164
200,000
300,000
575,000
300,000
200,000
250,000
2,906,960
54,600
2,882,238
0
2,140.146
3,524,389
4,968,002
29,849,081
29,805,971
9,313,819
1, 034,801
1,895,802
0
$412,640,725 $80,391
7,808,761
10,044,939
17.853,700
4,025,961
0
400,000
0
0
0
1,231,624
500,000
0
0
0
0
0
0
0
0
0
0
2,882,239
3,483,129
8.496.992
2011 2012
400,000
1,231,624
500,000
2,882,239
�
3,458,547
49,043,810 49,043,810
19, 758, 377 19 , 758, 377
8,371,000 8,371,000
397;500 397,500
96,158 96,158
251,123:468
1
3,782
2013
�.:.
719
2014
1:
2015
7
3,139 59,591
3,139 $59,591
1.326 2.383
Summary of the Capital Improvement Program for Fiscal Years
Total
T
Apple Integration
Computer Assisted Facility Management (CAFM)
Computer Purchases / Admin Refresh
Computer Refresh
County Fiber Construction
Disaster Recovery
Disk Storage for Backups in Data Center
District Server Refresh
E-Discovery
Green Data Center/Optimization
Hardware / Software Purchases
Hardware / Software Quality Assurance
Heat Integration
Identity Management Suite
instructional Application Proactive Monitoring
Intrusion Prevention
IT Security
Mainframe System Upgrade
Network Infrastucture for Internet Connectivity
Network Operations Center
New Schools - Administrative Technology
PC Management Software
Project Management O�ce
RedSky E-911
Replace Obsolete Data Backup Technology at School;
RSA Expansion with Security ID Use
SAN Capacity Buildout
School LAN Switch
School Network Moves - Adds - Changes
School Web Cache
Student Application Integration
Student Logon Security
User Logon Recovery & Audit Trail
User Logon Scripting
Video Conferencing
Windows 2008 CALs
Windows 7 Upgrades
Wireless Infrastructure Student Appiications
Wireless Security
Projected for Technoloqy for FY 12 - 15
623,250
40,000
3,310,653
1,427,352
9,373,366
1,200,000
650,000
310,000
775,345
1,000,000
290,000
454, 836
15, 000
20, 000
431,000
295,000
480,000
50,000
1,000,000
1,950,000
95,000
81,900
800, 000
79,253
55,000
262,752
25,000
350, 000
400,632
300,000
284,000
150, 000
150, 000
335,000
280,600
100,000
405,000
100,000
350, 000
219,425
30,134,816
58.654.180
2011-2015
2011 I Plan Years
40,000
1,779,739
715,000
4,930,486
1,200,000
500,000
461,845
1,000,000
352,836
20, 000
431,000
1,000,000
81,
800,
79,
55,
25,
350,
400,
300,
284,
100,
2�9
il
623
1,530,914
712,352
4,442,880
0
150,000
310,000
313,500
0
290,000
102,000
15,000
0
0
295,000
480,000
0
0
1,950,000
0
0
0
0
0
262,752
0
0
0
0
0
150,000
150,000
335,000
280,600
0
405,�00
100,000
350,000
0
30.134.816
2011 2012
623,250
1,530,914
712,352
4,442,880
150,000
310,000
313,500
290,000
102,000
15,000
295,000
480,000
1,950,000
262,752
150,000
150,000
335,000
280,600
405,000
100,000
350,000
7
2013
7
2014
158 7,623,977
158 $7.623.977
20'15
7,1
7.1
Summary of the Capital Improvement Program for Fiscal Years
2011-2015
Prior to FY FY FY
Total 2011 Plan Years 2011 2012 2013
Education Te�
Alternative Education
Digital Divide
Edline Student / Parent Portal
Hardware for Software Applications
Learning Viilage
New School Technology
Technology Tools
Projected for Education Technology for FY 12 - 15
iubtotal Education Technoloav
Security
Card Access
Intrusion Alarm Systems
Narrow Band Radio
New Repeaters at Tower Sites
Video Surveiilance Systems
Proiected for Securitv for FY 12 - 15
Subtotai Security
AV Equipment Repiacement
Choice and Career Academies Equipment Replacemei
Choice and Career Academies New Equipment
County-Wide Equipment
Destiny Library System
Destiny Textbook Manager
Library Books for New Schools
Musical Instruments
Proiected for Epuioment for FY 12 - 15
Total Non-Construction
Grand Total
41,766
170,000
650,000
45,000
69,000
495,000
567,532
1,339.325
77,000
210,000
292,000
140,000
392,000
008,988
119.988
600,000
500,000
245, 000
2,472,250
10,000
5,000
280,000
280,000
6,696,626
1.088.876
41,766
85,000
650,000
45,000
69,000
495,000
283,766
0
77,000
210,000
112,000
140,000
392,000
0
931.000
300,000
500,000
245,000
1,972,250
10,000
5,000
140,000
140,000
0
3.312.250
1.272.021.797
�
283,
1,339,
�%
300
500,
140,
140,
85,000
283,766
180,000
51
u
500,000
140,000
140,000
1,694,818 1,71
080,000 $1,694,818 $1,71
799.069 $84.740.922 $85.92
.���
2014 2015
317
476,733
476,733
1,694,217 1,589,111
$1,694,217 $1,589,111
84,710,852 $79,455,537
38.695,699 $231,847,173
CITY OF PALM BEACH GARDENS
PLANNING, ZONING, AND APPEALS BOARD
Agenda Cover Memorandum
Meeting Date: January 11, 2011
Petition No. LDRA-10-12-000036
Subject/Agenda Item:
LDRA-10-12-000036: Amendment to Code Section 78-49. Amendments to approved
development orders, to establish an exemption process for minor architectural
modifications
Public Hearing & Recommendation to City Council: A City-initiated request to amend
the City's Land Development Regulations (LDRs) in order to provide an exemption process
from architectural review requirements for minor architectural modifications for residential
Planned Community Developments (PCDs).
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: Finance: PZAB Action:
Director lan �ng & Planning & Zoning: Accountant [] Approved
Zoni Project Manager N/A [ j App. w/ conditions
,�1�, ;.
Sarah Varga [ ] Denied
N t �e . Wong, AICP /`L'� [] Rec. approval
Martin Schneider, Fees Paid: N/A [] Rec. app. w/ conds.
City Attorney AICP [] Rec. Denial
Planner Funding Source: [] Continued to:
R. Max Lohman, Esq. [] Quasi — Judicial
[ ] Operating
[X] Legislative [X] Other N/A
Develo ent Compliance [X] Public Hearing
� / Bud et Acct.#: Attachments:
� J Advertised: J
[X] Required N/A • Current LDR section
78-49.
Bahareh Wolfs, AICP Date: 12.31.2010
Paper: Palm Beach
Post
Resource Manager
;� r
�� �
Allyson Black
Approved By:
Affected parties:
City Manager [ ] Notified
[X] Not Required
Ronald M. Ferris
Meeting Date: January 11, 2011
LDRA-10-12-000036
Page 2 of 5
EXECUTIVE SUMMARY
Currently, any modification to a development order, even minor architectural modifications
(such as changes to building colors or roofing materials), require an amendment to the
Planned Community Development (PCD). Staff believes an exemption process to the
architectural review requirements of City Code would benefit the City and its communities
by reducing the time and expense for a community to obtain City approval for a minor
modification within its community, and decreasing the amount of staff time and resources
needed to review minor architectural modification requests.
BACKGROUND
The amendment will allow residential PCD communities that meet certain criteria to be
granted exemptions for minor architectural modifications. Once the exemption is approved,
the PCD community can review and approve minor architectural modifications within its
community without going through an additional City approval process.
Staff evaluated the current approved development order process in the Land Development
Regulations (LDRs), reviewed several established PCD development orders and site plans,
and made field observations of a number of established PCD communities in the City.
Based on this analysis, staff developed an exemption process for architectural review
requirements.
(The remainder of this page left intentionally blank.)
Meeting Date: January 11, 2011
LDRA-10-12-000036
Page 3 of 5
PROPOSED CITY CODE AMENDMENT
Staff recommends approval of a text amendment to the following Code Section. The text
amendment adds a new letter "(e)" to Section 78-49, which regulates amendments to
approved development orders (Deletions are �EI�, new language is underlined):
Sec. 78-49. Amendments to approved development orders.
* * *
(e) Exemptions to architectural review requirements. The qrowth management director
or_desiqnee may administratively approve exemptions from City Council review and
approval for minor architectural modifications to the exteriors of residential structures
previously approved by development order as part of a residential Planned Community
Development (PCD). An application for exemption shall be processed administrativel�
accordance with this section. However, the qrowth manaqement director or designee shall
have the discretion to require City Council review and approval if he/she determines that
the modification sought does not constitute a minor modification as set forth herein.
Applications for exemptions shall be reviewed, pursuant to the following criteria:
(1) Minor architectural modifications shall be limited to buildinq color, roofinq
materials/color and other minor architectural features such as window and door
treatments, or architectural trim or decorations, so lonq as such modifications do
not alter or deviate from the overall architectural stvle of the development, as
determined by the growth manaqement director or designee. Minor
modifications shall specifically exclude: patio enclosures, conversion of screen
enclosures into enclosed rooms, qaraqe conversions, building additions, or any
encroachment into established setbacks.
(2) Onlv residential PCD communities that have an active, resident-controlled
Property Owners Association (POA) with the authority to enforce communitv
architectural standards shall be eligible to apply for an exemption from
architectural review requirements.
(3) The POA of the communitv seekinq an exemption shall submit an application for
same to the qrowth management department. The application shall include
documentation necessarv to demonstrate the followinq:
a. The POA is an active, leqally incorporated POA, and continues to have
authoritv within the development.
b. The POA has community approval of the application, such as a vote by the
POA members and/or minutes of the POA board meetinq approving
submittal of the exemption application.
Meeting Date: January 11, 2011
LDRA-10-12-000036
Page 4 of 5
c. The POA has notified the residents and property owners of the POA of the
application for exemption. Such notice must be provided via U.S. mail to
each property owner within the community and/or bv posting signs located at
each entrance/exit of the communitv.
d. Evidence that the POA has sufficient standards and powers in its POA
documents to a�prove minor architectural revisions and to enforce
architectural standards.
e. Application fee.
f. Additional information may be required bv the qrowth management
department in order to properlyprocess the application.
(4) Conditions of Approval. The growth management director or desiqnee may
approve, deny, or approve with conditions, the exemption request.
(5) Appeals. A petitioner may appeal the administrative decision of denial or
approval of the exemption to the planninq, zoninq, and appeals board in
accordance with the procedures set forth at section 78-56.
DISCUSSION
The proposed LDR amendment would establish an administrative process to approve
exemptions for minor architectural modifications within PCDs, for PCDs that meet certain
criteria. The proposed amendment describes the types of architectural modifications that
would be considered minor, and those changes that would not be considered minor and
therefore would not be exempt from City review. The proposed LDR amendment
establishes criteria to ensure the community has a resident-controlled Property Owners
Association (POA) that is an active corporation registered with the State of Florida with
authority to oversee architectural standards within the community. The criteria also require
that the POA demonstrate it has community support for the exemption request through a
vote of POA members or board meeting minutes, and has notified community residents
and property owners of the application for exemption through mailings and/or postings. In
addition, the POA has to demonstrate through its documents that it has sufficient standards
and powers to approve architectural modifications and enforce architectural standards in
the community.
Most residential PCD communities are not visible from public rights-of-way, and often have
private or limited access internal roadway systems. In most cases, PCD communities are
set well back from public streets, and have landscaped parkways and/or walls to buffer the
community from view of the general public. PCDs typically have master POAs to regulate
the community's architecture and appearance, and maintain its common areas. In most
cases, these POAs have architectural review boards or community appearance boards,
and are already self-enforcing their community architectural standards.
Meeting Date: January 11, 2011
LDRA-10-12-000036
Page 5 of 5
The proposed amendment allows residents within exempt PCD communities to make
minor modifications to their properties without requiring City involvement. For example,
under the current code requirements, residents within PCDs that want to change the color
or type of roof, paint exterior walls a different color, or add decorative shutters, would be
required to go through the City's PCD amendment process or site plan approval process.
These processes entail submitting an application to the City, having the application
reviewed by staff and the Development Review Committee (DRC), and/or going to public
hearings before the Planning, Zoning, and Appeals Board (PZAB) and City Council. In
addition, the resident would still require approval from its POA. The proposed amendment
would simplify this process for residents by eliminating the City's review process.
Residents will still require approval of minor architectural modifications from their POA.
In summary, if a POA has the ability to review and maintain its own architectural standards,
staff believes the proposed exemption can eliminate the need for the City to review minor
architectural modifications within the PCD without negatively impacting the overall
aesthetics of the City. The exemption process would create a more cost effective, efficient
process for PCDs to address minor architectural modifications within their communities,
while providing criteria to ensure these communities have the ability to maintain the
aesthetic quality expected within the City of Palm Beach Gardens.
STAFF RECOMMENDATION
Staff recommends approval of Petition No. LDRA-10-12-000036 to establish regulations
and criteria to provide an exemption process from architectural review requirements for
minor architectural modifications for residential PCDs.
I
',;' ���;
�:'�'�.
LAND DEVELOPMENT
Sec. 78-49. Amendments to approved develapment orders.
§ 78-49
{a) Amendments to approved development orders. Criteria for amendments to approved
development orders, including site plans, rnaster plans, architectural elevations, conditions of
approval, developer's agreernents, project phasing, etc., are established by this section. Far the
purpose of this section, two types of amendments are created:
(1)
(2)
Major amendments; and
Minor amendments.
(b) Major amendments. Development order applications for major amendments are re-
viewed in the same manner as the original application. Major amendments to approved
development plans include the changes listed below.
(1) Increase of intensity. Any change in nonresidential intensity which, in combination
with prior minor amendments, cumulatively exceeds the limitations or standards
listed below.
(2)
(3)
a. Relocation. Any proposed relocation of the approved number of gross square
footage which is equal to or greater than five percent of the approved gross square
feet of all nonresidential structures.
b. Decrease in required parking. Unless otherwise provided in this chapter, any
proposed decrease of the existing number of parking spaces which is the greater
of five percent of the existing parking spaces or 20 parking spaces. Decreases in
required parking otherwise requiring action by the planning, zoning and appeals
board or the city council shall not be considered a major amendment for the
purpose of this section.
c.
�
Increase in the number of structures. Any proposed increase in the number of
principal or accessory structures that changes the overall intent of the original
approval.
Any proposed reduction of heavily utilized parking spaces as determined by the
growth management director.
Increase in density. Any increase in the approved number of residential units.
Increase in buiiding height above the height permitted in the applicable zoning
district.
(4) Utility facilities. Any addition or relocation of ontdoor utility facilities, including, but
not limited to, the following: chillers, air-conditioning units, above-ground fuel tanks
including propane or natural gas, electrical equipment such as junction bnxes, and
ground-mounted service boxes for public utilities such as telephones and cable
television, which are deemed to be substantial by the growth management director.
This shall not apply to single-family lots or duplex lots.
(5) Boundary changes. Any proposed boundary change of the approved development plan.
Supp. No. 1.7
CD78:41
§ 78-49
(6)
(7)
PALM BEACH GARDENS CODE
Traffic impact. Any increase in overall traffic impact, except as may be provided in this
chapter.
Character and appearance. Any amendment which would negatively impact the
character or the appearance of an approved development.
(8) Amenities. Any amendment which would materially decrease the number or size of
amenities in all or a portion of any residential or nonresidential development.
(9) Residential unit types. Any change in the approved mix of residential dwelling unit
types that would require alterations of an approved plat.
(10) Architectural style. Any change in the approved architectural style of residential
dwelling unit types or nonresidential structures which results in:
a. An architectural style that is out of character with the approved or e�usting
architecture (e.g., change from Mediterranean style to neo-classical).
b. New residential models that are substantially different from approved models.
(11) Building materials. Any significant changes in exterior building inaterials that result
in a downgrade as determined by the growth management director.
(12) Changes to phasing or conditions. Any changes to an approved development phasing
plan or any condition of development approval.
(13) Changes to developer's agreements. Any changes to an approved developer's agree-
rnent.
(14) Other changes. Any change to an approved plan or any change to an approved plan
when considered cumulatively with prior minor ainendments which, as deterinined by
the growth management director, deviates materially from the approval granted by the
planning, zoning, and appeals board or city council.
(c) Minor arnendments. Minor amendments are changes to approved development orders
that are not considered major amendments as previously defined. Minor amendmezits may be
approved by the gro�vth management director in consultation with other city staff and the
development review committee. For the purpose of this s�ction, site improvements such as tlxe
following are not considered a major anzendment:
(1)
(�)
Removal of parking spaces to �reserve existing trees; creation of required utility
easements;
Relocation of parking due to loss of site area to accommodate widening of public
rights-of way; and
(3) The installation of landscaping, screening, or buffering associated with city-appro��ed
improvements to a nonconforming lot or structure.
supp. No. 17 CD78:42
LAND D�VELOPM�NT REGULATIONS § 78-50
(d) Ad.nai,n.istratiue i�ariances. The growth nianagement director or designee ma,y issue
administrative variances pursuant to the following co�iditions:
(1) Structural encroachments into setbacks of no inare than ten percent. Thn growtl�
management director may issue an administrative variance for structural encroach-
ments into a setback of no more than ten percent of the setback, provided the
structural encroachment does not encroach upon an easement.
(2) Conditions. The growth management director may impose such conditions in a
development order granting an adininistrative variance as are necessaiy to accomplish
the goals, objectives, and policies of the Comprehensive Plan and this section,
including, but not limited to, limitations on size, bulk, location, requirements for
lighting, and provision of �dequate ingress and egress.
(3) Standards for granting administrative variances. When considering an adminisLrative
variance, tl�e growth managementi director must determine that a) the variance is
necessary because of practical difficulty peciiliar to the land, structiu•e, or bi��ilding
involved and which is not applicable to other lailds, struetures, or buildings in the
same zoning district; b) the variance is the miniznum variance necessary to alleviate
the practical difficulty; and c) the �rai•iance will be in harmony with the general intent
and purpose of the zoning code, and will not be injurious to the area involved or
otherwise detrimental to the p��blic welfare.
(4) Expiration of admitiistrative variances. An adininistra�ive variance granted by the
�•owth management director shall automatically expire under the following condi-
tions:
a. The variance shall expire 12 months from the date of the written determinai;ion
of the growth management director granting the administrative variance if a
building perinit has not been iasued in accordance witl� th� �lans and conditions
upon which the administrative variance was granted; and
b. 'Phe admiuistrative val•iance shall expii•e if a building pei•mit issued in accor-
dance with the plans and conditions upon which the adn�inistrative variance w�s
granted expires and is not renewed ��urst��nt to the applicable provisions
regarciing renewal of building permits.
(5) Appeal of g�rowth management dit•ector's decision. A petitioner may appe�l the written
determiiiation of the growth management director to the planning, zoning, ��nd
�I�T�eals board in accordance with the procedures set fortll at sect.ion 78-56.
(Ord. No. 17-2000, ,��' 2f, 7-20-00; �rd. No. 17-2004, § 5, 6-3-04; Ord. No. 19, 2004, � 3, 11-18-04;
Oi•d. No. 30, 2008, ,��' 1, 12-4-08)
Sec. 78-50. Miscellaneous review.
(a) Ncr,trcre of reuieiu. When a development ordei• application is not eonsistent �vith any c�f the
development review processes provided herein, the growth �nanagement directoi� shall
detierinine the specific i�ature of review.
SupE�. No. 23 CD78:43
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Cit of Pal m Beach Gardens
y
Ca ital Im rovements Element CIE
p p
Annual U date
p
Ordinance 2 2011
,
Planning, Zoning, and Appeals Board
January 11, 2011
�
Why is the purpose of the update?
•Mandatory annual update to the Capital
Improvement Element (CIE)of the Comprehensive
Plan
•This update is required by Florida Statute –
transmitted once a year to DCA.
•At minimum,an update to the Capital
Improvement Program (CIP)schedule is required
–Table 9A
DCA Requirements
•Chapter 163,F.S.,DCA requires cities to include
the following new information in their CIE
updates:
–Financial Feasibility
–Proportionate Fair-Share projects
–Adoption of FDOT/MPO,School District and WMD
capital projects by reference
–Summary of de minimus report on City roads
What is Financially Feasibility?
•#1.Every capital improvement item budgeted for
the next three years necessary to ensure LOS
must be dedicated to a committed funding
source,such as ad valorem taxes,gas taxes,
and impact fees.
•#2.If the committed funding source is dependent
on developer contributions,the City must
demonstrate surety.
Rule #1 Illustrated
Using a committed funding source by a developer
requires an enforceable development agreement,
which may include conditions of approval stipulating
infrastructure construction, surety, or bond requirements.
Rule #2 Illustrated
Example of a committed funding source through a
development order condition
Rule #3 and #4 Illustrated
•Staff has identified projects by reference from the
school district
–PBC School Board 5-year CIP schedule as Table 9B of
the adopted CIE
–School Board’s Concurrent Service Area summary
•Adoption by reference from SFWMD and
FDOT/MPO
–No identified capital projects that affect City facility LOS
within the three year planning period
Projects by Reference
Summary of DeMinimus
•The City has not issued de mininus reports for
concurrency on City maintained roadways this
year.
–No city roadways currently operate above adopted
LOS standards.
–De minimus reports for concurrency issued by the
County will be included in the Palm Beach County
CIE.
Staff Recommendation
•Approval of Ordinance 2,2011
•No text amendment to the policies
•Replacement of Table 9A and 9B:
–Updated five year schedule of capital improvements
–Updated School Concurrency Table
What is Financial Feasibility?
•#3.The City must demonstrate a reasonable
forecast of revenues for the next five years using
professionally accepted methodology.
–Projection of impact fees are based on:
•past trends
•estimates of future building permit activities
•estimates of approved but not yet permitted entitlements
•#4.The City must demonstrate a positive balance
of funding sources with expenditures.(Revenues ≥
Expenditures)
Architectural Review
Exemption
Proposed Code Amendment
LDRA-10-12-000036
Planning and Zoning Department
January 11, 2011
City-initiated Petition Request
•Amend the Land Development Regulations
(LDRs) to add an exemption process for
qualified Residential Planned Community
Developments (PCDs) from City
architectural review requirements for minor
modifications.
Background
•Currently any amendment to a development order,
even minor architectural modifications, requires a
PCD amendment and/or major site plan
amendment.
•Proposed amendment would exempt PCDs meeting
certain requirements from this process.
Minor Architectural Modifications
•Building color
•Roofing materials/colors
•Minor architectural features (doors, windows, trim)
Minor modifications exclude:
•Patio enclosures
•Conversions of screen enclosures into rooms
•Garage conversions
•Building additions
•Encroachments into setbacks.
Criteria for Exemption
•Residential PCD (not Commercial or Mixed Use)
•Active, legally incorporated, resident-controlled Property
Owners Association (POA)
•POA must have authority to enforce community
architectural standards
•POA documents verify sufficient standards and powers
•POA has community approval to request exemption
–Vote of POA members/Minutes from POA board meeting
•POA notified residents and property owners
–Mailed notice and/or posted signs
Exemption process
•Administrative approval process
–POA submits application, fee, and
documentation
–Staff reviews and approves, denies, or
approves with conditions
–The administrative decision may be appealed
to PZAB
Staff Recommendation
•Staff recommends approval of the
Architectural Review Exemption LDR
Amendment (LDRA-10-12-000036).
Questions / Further Discussion
Thank you!
PCDs vs. PUDs
•PCDs
–Large communities with individual neighborhoods
(“pods”)
–Internal street system with large perimeter buffers
–Master POA, with multiple, individual POAs
•PUDs
–May be large or small
–May have only one POA
–May be more visible to public view