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Agenda Council Agenda 040209
J CITY OF PALM BEACH GARDENS 0,ok ?alm Gardens Frog COUNCIL AGENDA i I ik-A-, 1 , ____,4-..-,_, April 2, 2009 7:00 P.M. 1- Mayor Russo `..� Vice Mayor Levy 50`h Anniversary' Council Member Jablin Council Member Barnett Council Member Premuroso I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS,DELETIONS,MODIFICATIONS: IV ANNOUNCEMENTS /PRESENTATIONS: V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. CITY MANAGER REPORT: a. 50th Anniversary Event—Dancing Under the Stars— Sponsor Recognition. VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. (Page 4)Approve Minutes from February 5, 2009 City Council meeting. b. (Page 11)Approve Minutes from February 19, 2009 City Council meeting. c. (Page 17)Approve Minutes from March 5, 2009 City Council meeting. d. (Staff Report on Page 22, Resolution on Page 24) Resolution 28, 2009 - Purchase of 5 Lifepak Monitor/Defibrillators. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Agreement with Medtronic Physio Control Corporation to purchase five (5) Lifepak Monitors/Defibrillators; providing an effective date; and for other purposes. e. (Page 31)Proclamation—Fair Housing Month. IX. PUBLIC HEARINGS: Part I— Quasi-judicial Part II—Non-Quasi-judicial a. (Staff Report on Page 32, Ordinance on Page 118) Ordinance 15, 2009 — (1st reading) Ballenlsles West Outparcel. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida adopting a small-scale amendment to its Comprehensive Development Plan in accordance with the mandates set forth in Chapter 163, Florida Statutes, specifically Section 163.3187(1)(c), et seq., Florida Statutes, which provides for an amendment to the City's Future Land Use Map designating one (1) parcel of real property comprising approximately 7.31 acres, more or less, in size as "(PO) Professional Office"; such parcel of land is located at the Southwest corner of the intersection of PGA Boulevard and Ballenlsles drive, informally known as "Ballenlsles West Outparcel"; providing for compliance with all requirements of Chapter 163, Florida Statutes; providing a conflicts clause and a severability clause; providing an effective date; and for other purposes. b. (Staff Report on Page 123, Resolution on Page 126) Resolution 33, 2009 — PGA Corporate Park (Parcel 5A) concurrent processing. A Resolution of the City Council of the City of Palm Beach Gardens, Florida allowing the concurrent processing of a Comprehensive Plan Text Amendment increasing the DRI Office Standards, a Planned Community District (PCD) Amendment or a Planned Unit Development (PUD) application, and site plan approval for the approximately 86.34-acre parcel, referred to as "Parcel 5a," generally bounded by PGA Boulevard to the South, Alternate AlA to the East, the Interstate 95 right-of-way and Military Trail to the West, and the Winchester Courts and Garden Woods residential developments to the North; approving a concurrent processing agreement; providing an effective date; and for other purposes. c. (Staff Report on Page 135, Ordinance on Page 144) Ordinance 27, 2008 - (2nd reading and adoption) 10 Year Water Facilities Work Plan. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending its Comprehensive Development Plan to adopt the City's 10-Year Water Facilities Work Plan, in accordance with the mandates set forth in Sections 163.3177 and 163.3184, et seq., Florida Statutes, providing for a comprehensive update to the Future Land Use, Infrastructure, Conservation, Intergovernmental Coordination and Capital Improvement Elements, affecting the pagination in each amended element and including revised text necessary to update the data and analysis of the comprehensive plan; providing that the text, as amended or revised, shall be substituted for and replace the existing text in all amended elements; 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. d. (Staff Report on Page 175, Ordinance on Page 330) Ordinance 3, 2009 - (1st reading) Amendment to the Future Land Use Element. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending its Comprehensive Development Plan to adopt the criteria for areas highly suitable for more intense office uses and to utilize the increased threshold intensity set forth in Section 380.0651(3)(d)2,Florida Statutes; providing for a Text Amendment to the Future Land Use Element affecting the pagination in the amended element and including revised text necessary to update the data and analysis of the Comprehensive Plan; providing that the text, as amended, shall be substituted for and replace the existing text in the amended element(s); 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. X. RESOLUTIONS: XI ORDINANCES: (For Consideration on First Reading) a. (Staff Report on Page 334, Ordinance on Page 336) Ordinance 17, 2009 —Fire Prevention and Protection—An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 38, "Fire Prevention and Protection" at Article III, "City of Palm Beach Gardens Fire Code" by repealing Section 38-87 and readopting same, as revised in order to delete reference to a date specific edition of the Florida Fire Prevention Code; further amending Chapter 38 by repealing Section 38-89 in its entirety and renumbering Sections 38-90 through 38-92 as new Sections 38-89 through 38-91 and reserving Section 38-92 for future legislation; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: XIII. CITY ATTORNEY REPORT: XIV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk's Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770(VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. 1 CITY OF PALM BEACH GARDENS 2 CITY COUNCIL 3 REGULAR MEETING 5 FEBRUARY 5,2009 6 The regular meeting was called to order at 7:07 p.m. by Mayor Eric Jablin. 7 I. PLEDGE OF ALLEGIANCE 9 II. ROLL CALL 10 PRESENT: Mayor Eric Jablin, Vice Mayor David Levy, Councilmember Joseph Russo, 11 Councilmember Jody Barnett and Councilmember Robert Premuroso. 12 III. ADDITIONS,DELETIONS, MODIFICATIONS 13 ADDITIONS 14 Resolution 22, 2009 — A Resolution of the City Council of the City of Palm Beach Gardens, 15 Florida authorizing the Mayor to execute an Interlocal Agreement with the Village of North 16 Palm Beach for building services; providing an effective date; and for other purposes. 17 CITY MANAGER'S REPORT —Resolution 22, 2009 added as Item c. 18 CONSENT AGENDA—Resolution 22, 2009 added as Item b. 19 Councilmember Russo made a motion to add Resolution 22, 2009 to the agenda. 20 Vice Mayor Levy seconded. 21 Motion passed 5-0. 22 IV. ANNOUNCEMENTS AND PRESENTATIONS 23 a. Mayor's Veterans Golf Tournament Check Presentation. 24 b. Palm Beach Gardens Predator Soccer Team. 25 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 26 Councilmember Barnett reported the Community Aesthetics Board(CAB) will begin giving 27 their first beautification award in category of institutional be recognized by the City Council 28 at the March 19, 2009 meeting. 29 Vice Mayor David Levy reported attending the Parks and Recreation Advisory Board (RAB) 30 meeting where the PGA National Park upgrade, master plan at Plant/Lilac Park, District Park 31 update, Allamanda Gopher Tortoise Preserve, vegetable garden, and Honda Classic were 32 discussed. He attended a Palm Beach Gardens Historical Society meeting and the joint 33 Executive Board of the League of Cities, County School Board and County Commission 34 meeting. A letter from the State League of Cities was read into the record. 35 Councilmember Russo reported attending the Honda Classic Board of Directors meeting. 36 Councilmember Premuroso reported attending the Budget Oversight Committee (BOC) and 37 Community Neighborhood Watch meetings. 38 Mayor Jablin reported on the City Council and City Manager Workshop and the 39 Frenchman's Creek Concert Series. 40 VI. CITY MANAGER REPORT 41 Public Facilities Director Charlotte Presensky introduced Recreation Coordinator 42 Christy Wolnewitz who recognized the sponsors of The Highwaymen exhibit. Public 43 Facilities Director Charlotte Presensky presented an update of the 50th Anniversary events 44 and recommendations for placement of the John D. MacArthur statue. 45 PUBLIC COMMENTS 46 Tom Cairnes, PGA Corridor Association, 3101 PGA Boulevard, Palm Beach Gardens. 47 Construction Services Director Todd Engle discussed Resolution 22, 2009. 48 VII. COMMENTS FROM THE PUBLIC 49 The following individuals commented to the Council: CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1 02.05.09 1 Roger Blaney, 11658 Hemlock Street, Palm Beach Gardens; Eileen Tucker, Shady Lakes, 2 Palm Beach Gardens; Pat Hughey, Palm Beach Square, Palm Beach Gardens; Jeff Spear, 3 3721 SW 47th Avenue,Unit 307,Fort Lauderdale; Steve Rockoff, 500 University Plaza, Suite 4 207, Jupiter; Tom Cairnes, 3101 PGA Boulevard, Palm Beach Gardens. 5 VIII. CONSENT AGENDA 6 a. Resolution 8, 2009 — Utility Easement — A Resolution of the Cty Council of the City of 7 Palm Beach Gardens, Florida accepting a Utility Easement and License from Northlake 8 Boulevard, LLC, for the purpose of allowing the City to install traffic signal mast arms at the 9 intersection of Northlake Boulevard and Hiatt Drive/Alister Boulevard; providing an effective 10 date; and for other purposes. 11 b. Resolution 22, 2009 — A Resolution of the City Council of the City of Palm Beach 12 Gardens, Florida authorizing the Mayor to execute an Interlocal Agreement with the Village 13 of North Palm Beach for building services; providing an effective date; and for other 14 purposes. 15 Vice Mayor Levy made a motion for approval of the Consent Agenda. 16 Councilmember Barnett seconded. 17 Motion passed 5-0. 18 IX. PUBLIC HEARINGS 19 Part I—Quasi-judicial 20 Mayor Jablin announced the procedures that would be followed in tonight's proceedings. The 21 City Clerk swore in all those intending to offer testimony. 22 The City Clerk read Ordinance 2, 2009 by title. 23 a. Ordinance 2, 2009 - (2nd reading) Waterway Café —An Ordinance of the City Council 24 of the City of Palm Beach Gardens, Florida rezoning one (1) parcel of real property 25 comprised of approximately one and 50/100 (1.50±) acres, more or less, in size, from 26 Residential Medium (RM) to General Commercial zoning district (CG-1); such parcel is 27 located on the South side of PGA Boulevard approximately 1/4 mile East of Prosperity Farms 28 Road, informally known as the "Waterway Café Parcel", as described more particularly 29 herein; providing revisions to the zoning district map; providing a conflicts clause, a 30 severability clause, and authority to codify; providing an effective date; and for other 31 purposes. 32 Mayor Jablin opened the public hearing and requested ex parte communication with none 33 declared. 34 Planner Richard Marrero stated there are no changes from first reading. 35 Mayor Jablin closed the public hearing. 36 Vice Mayor Levy made a motion for adoption of Ordinance 2, 2009 on second reading. 37 Councilmember Barnett seconded. 38 Motion passed 5-0. 39 The City Clerk read Ordinance 7, 2009 by title. 40 b. Ordinance 7, 2009 — (1st reading) — Rezoning of the Northlake Congress Commercial 41 Center property — An Ordinance of the City Council of the City of Palm Beach Gardens, 42 Florida rezoning a certain parcel of real property comprising approximately one and 37/100 43 (1.37) acres, more or less, in size; such parcel being located on the North side of Northlake 44 Boulevard approximately one mile East of I-95 at the intersection of Northlake Boulevard and 45 Congress Avenue, informally known as the Northlake Congress Commercial Center, as more 46 particularly described herein, from Residential Medium (RM) to Commercial General (CG1) 47 zoning district; revising the City zoning district map accordingly; providing a conflicts clause, CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 02.05.09 1 a severability clause, and authority to codify; providing an effective date; and for other 2 purposes. 3 Mayor Jablin opened the public hearing and requested ex parte communication with none 4 declared. 5 The following individuals commented on this agenda item: Senior Planner Stephen Mayer. 6 Mayor Jablin closed the public hearing. 7 Vice Mayor Levy made a motion for approval of Ordinance 7, 2009 on first reading. 8 Councilmember Russo seconded. 9 Motion passed 5-0. 10 The City Clerk read Ordinance 8, 2009 by title. 11 c. Ordinance 8, 2009 — (1st reading) - Rezoning of the Loxahatchee Slough properties. 12 An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning 13 fourteen (14) parcels of real property comprising approximately two thousand twenty-four 14 (2,024) acres, more or less, in size; such parcels of land are located within the Loxahatchee 15 Slough and Sandhill Crane natural areas which include three locations generally located West 16 of the Florida Turnpike and/or North of Northlake Boulevard, as more particularly described 17 herein, from Planned Development Area (PDA) to Conservation (CONS) zoning district; the 18 City zoning district map shall be revised accordingly; providing a conflicts clause, a 19 severability clause, and authority to codify; providing an effective date; and for other 20 purposes. 21 Mayor Jablin opened the public hearing and requested ex parte communication. 22 Vice Mayor Levy declared ex parte communication. 23 The following individuals commented on this agenda item: Senior Planner Stephen Mayer. 24 Mayor Jablin closed the public hearing. 25 Vice Mayor Levy made a motion for approval of Ordinance 8, 2009 on first reading. 26 Councilmember Barnett seconded. 27 Motion passed 5-0. 28 Part II—Non-Quasi-judicial 29 The City Clerk read Ordinance 1, 2009 by title. 30 a. Ordinance 1, 2009 — (2nd reading and adoption) Adopting the City Logo and official 31 seal. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending 32 Chapter 2, Administration at Article I, in general by adopting an entirely new Section 2-2 to 33 be entitled "City Seal"; providing for the official adoption of a City Seal; describing the City 34 Seal; providing that the said City Seal may only be utilized for official City of Palm Beach 35 Gardens business; further amending Chapter 2, Administration by adopting a new Section 2-3 36 to be entitled "City Logo"; providing for the official adoption of a City Logo; describing the 37 City Logo; providing that the said City Logo may only be utilized for official City of Palm 38 Beach Gardens business; providing that the City Council may grant approval for the use of the 39 Logo for a proper purpose; providing that the City Council may adopt reasonable rules for the 40 manufacture, use, facsimile, or reproduction of this Logo; providing for penalties; providing 41 for registration with the Secretary of State of Florida; providing that each and every other 42 Provision, Section, and Article of Chapter 2, Administration shall remain in full force and 43 effect as previously enacted; providing a conflicts clause, a severability clause, and authority 44 to codify; providing an effective date; and for other purposes. 45 Mayor Jablin opened the public hearing. 46 Interim City Attorney R. Max Lohman noted the phrase "the City Clerk is the custodian of 47 the City Seal" has been added to Section 2.2, paragraph c. 48 Mayor Jablin closed the public hearing. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3 02.05.09 1 Councilmember Barnett made a motion for adoption of Ordinance 1, 2009 on second 2 reading. 3 Vice Mayor Levy seconded the motion. 4 Motion passed 5-0. 5 The City Clerk read Ordinance 9, 2009 by title. 6 a. Ordinance 9, 2009 — (1st reading) - Gardens Medical Center — An Ordinance of the 7 City Council of the City of Palm Beach Gardens, Florida amending Ordinance 35, 2000, 8 which approved the Palm Beach Gardens Medical Center Planned Unit Development (PUD) 9 in order to amend the conditional use approval, site plan approval, and related conditions; 10 providing that future amendments to the PUD may be made by Resolution of the City 11 Council; providing a conflicts clause, a severability clause, and authority to codify; providing 12 an effective date; and for other purposes. 13 Resolution 11,2009 is a companion item to Ordinance 9, 2009 14 and will require council action at second reading. 15 Resolution 11, 2009 — Gardens Medical Center — A Resolution of the City Council of the 16 City of Palm Beach Gardens, Florida amending the development plans for the Gardens 17 Medical Center Planned Unit Development (PUD), generally located on the Southeast corner 18 of Burns Road and Gardens East Drive, as more particularly described herein; providing 19 waivers; providing conditions of approval; providing an effective date; and for other purposes. 20 The following individuals commented on this agenda item: Anne Booth, Urban Design 21 Kilday Studios. 22 Mayor Jablin opened the public hearing. 23 Vice Mayor Levy inquired about additional impervious space being set aside. Anne Booth 24 will check. 25 Mayor Jablin closed the public hearing. 26 Vice Mayor Levy made a motion for approval of Ordinance 9, 2009 on first reading. 27 Councilmember Russo seconded. 28 Motion passed 5-0. 29 X. RESOLUTIONS 30 The City Clerk read Resolution 9, 2009 by title. 31 a. Resolution 9, 2009 - Contract Award — A Resolution of the City Council of the City of 32 Palm Beach Gardens, Florida approving a contract award to The Signal Group, Inc. for traffic 33 signal improvements at Northlake Boulevard and Hiatt Drive/Alister Boulevard in the amount 34 of$227,491.45 via an existing Agreement with St. Lucie County (No. 07-059); providing an 35 effective date; and for other purposes. 36 The following individuals commented on this agenda item: Construction Services Director 37 Todd Engle. 38 Councilmember Barnett stated her concern for stacking in the area. 39 Vice Mayor Levy made a motion for approval of Resolution 9, 2009. 40 Councilmember Russo seconded. 41 Motion passed 5-0. 42 The City Clerk read Resolution 10, 2009 by title. 43 b. Resolution 10, 2009 - Contract Award —A Resolution of the City Council of the City of 44 Palm Beach Gardens, Florida approving a contract award to The Signal Group, Inc. for traffic 45 signal improvements at Gardens Parkway and Fairchild Gardens Avenue/San Cristobal 46 Gardens Avenue in the amount of$287,153.52 via an existing contract with St. Lucie County 47 (No. 07-059); providing an effective date; and for other purposes. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4 02.05.09 1 The following individuals commented on this agenda item: Construction Services Director 2 Todd Engle. 3 Councilmember Russo made a motion for approval of Resolution 10, 2009. 4 Vice Mayor Levy seconded. 5 Motion passed 5-0. 6 c. Resolution 12, 2009 - Collective Bargaining Agreement — A Resolution of the City 7 Council of the City of Palm Beach Gardens, Florida approving and ratifying a Collective 8 Bargaining Agreement with the Professional Firefighters and Paramedics of Palm Beach 9 County, Local 2928, TAFF, Inc. employed by the City's Fire Rescue Department for Fiscal 10 Years 2008-2009, 2009-2010, and 2010-2011; authorizing the Mayor to execute the 11 agreement; providing an effective date; and for other purposes. 12 The following individuals commented on this agenda item: Fire Chief Pete Bergel. 13 Councilmember Russo stated his concern for future economic conditions and the agreement 14 committing to higher salaries. 15 Vice Mayor Levy, Councilmember Barnett and Councilmember Premuroso supported 16 the contract. 17 Mayor Jablin stated his concern for future economic conditions and cost of the contract in 18 future years. 19 Vice Mayor Levy made a motion for approval of Resolution 12, 2009. 20 Councilmember Barnett seconded. 21 Motion passed 5-0. 22 d. Resolution 16, 2009 - Rental Car Surcharge Tax. A Resolution of the City Council of 23 the City of Palm Beach Gardens, Florida supporting the reallocation of the $2 local option 24 surcharge on the lease or rental of motor vehicles to the South Florida Regional 25 Transportation Authority; providing an effective date; and for other purposes. 26 PUBLIC COMMENT 27 Hal Valeche, 128 Viera Drive, Palm Beach Gardens; Joseph O'Connell, Enterprise Rent-A- 28 Car at PGA National, Palm Beach Gardens. 29 Mayor Jablin suggested a presentation from Tri-Rail. 30 Vice Mayor Levy, Councilmember Premuroso, Councilmember Russo, Councilmember 31 Barnett declined to support Resolution 16, 2009. 32 No action was taken on Resolution 16, 2009. 33 XI. ORDINANCES (for Consideration on First Reading) 34 The City Clerk read Ordinance 1, 2009 by title. 35 a. Ordinance 4, 2009 — (1st reading). Red Light Intersection cameras — An Ordinance 36 of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 70, Traffic 37 and Vehicles by adopting an entirely new Article VI to be entitled "Dangerous Intersection 38 Safety"; providing for recorded-image monitoring, definitions, an introductory period, review 39 of recorded images, notices, hearing, non-responsibility provisions, enforcement, and 40 penalties related to a violation of this article, also known as a "Red-Zone Infraction"; 41 providing a conflicts clause, a severability clause, and authority to codify; providing an 42 effective date; and for other purposes. 43 The following individuals commented on this agenda item: Police Chief Stephen Stepp. 44 PUBLIC COMMENT 45 Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens; Ken Menard, 8510 E. 46 Garden Oaks, Palm Beach Gardens. 47 Vice Mayor Levy made a motion for approval of Ordinance 4, 2009 on first reading. 48 Councilmember Russo seconded. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 5 02.05.09 1 Motion passed 4-1 with Councilmember Barnett dissenting. 2 b. Ordinance 5, 2009 - (1st reading) Boards and Committees. An Ordinance of the City 3 Council of the City of Palm Beach Gardens, Florida amending Chapter 2, Administration at 4 Article III, Boards and Committees in order to amend the composition of the City's Boards 5 and Committees and to revise the attendance policy and the appointment procedures for same; 6 providing that each and every other Section and Sub-section of Chapter 2, Administration 7 shall remain the same as previously adopted; providing a conflicts clause, a severability 8 clause, and authority to codify; providing an effective date; and for other purposes. 9 Vice Mayor Levy made a motion for approval of Ordinance 5, 2009 on first reading. 10 Councilmember Russo seconded. 11 Motion passed 5-0. 12 c. Ordinance 11, 2009 — (1st reading) Studio uses in MIA Light Industrial District — 13 An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending 14 Chapter 78, Land Development at Section 78-159 entitled "Permitted Uses, Minor, and Major 15 Conditional Uses, and Prohibited Uses" in order to provide for studio uses as Minor 16 Conditional Uses within the M-1A light industrial district; providing that each and every other 17 Section and Sub-section of Chapter 78, Land Development shall remain the same as 18 previously adopted; providing a conflicts clause, a severability clause, and authority to codify; 19 providing an effective date; and for other purposes. 20 The following individuals commented on this agenda item: Michael Sanchez, Johnson 21 Group Consultants. 22 Councilmember Russo made a motion for approval of Ordinance 11, 2009 on first reading. 23 Vice Mayor Levy seconded. 24 Motion passed 5-0. 25 XII. ITEMS FOR COUNCIL ACTION/DISCUSSION 26 None. 27 XIII. CITY ATTORNEY REPORT 28 Interim City Attorney R. Max Lohman reported on Gardens Station and the Borland 29 Center. The City Council gave their consensus for the Interim City Attorney R. Max Lohman 30 to pursue the issue. 31 32 33 (The remainder of this page intentionally left blank.) 34 35 36 37 38 39 40 41 42 43 44 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 6 02.05.09 1 XIV. ADJOURNAMENT 2 Vice Mayor Levy made a motion to adjourn. 3 Councilmember Russo seconded. 4 Motion passed 5-0. 5 The meeting adjourned at 10:33 p.m. 6 The next regularly scheduled City Council meeting will be held February 19, 2009. 7 8 APPROVED: 9 10 11 12 Joseph R. Russo,Mayor 13 14 15 16 David Levy, Vice Mayor 17 18 19 20 Eric Jablin, Councilmember 21 22 23 24 Jody Barnett, Councilmember 25 26 27 28 Robert G. Premuroso, Councilmember 29 30 31 ATTEST: 32 33 34 35 36 Patricia Snider, CMC 37 City Clerk 38 39 40 Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of 41 the meeting.A verbatim audio record is available from the Office of the City Clerk. 42 All referenced attachments are on file in the Office of the City Clerk. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 7 02.05.09 1 CITY OF PALM BEACH GARDENS 2 CITY COUNCIL 3 REGULAR MEETING 5 FEBRUARY 19, 2009 6 The regular meeting was called to order at 7:05 p.m. by Mayor Eric Jablin. 7 I. PLEDGE OF ALLEGIANCE 9 II. ROLL CALL 10 Present: Mayor Eric Jablin, Vice Mayor David Levy, Councilmember Joseph Russo, 11 Councilmember Jody Barnett and Councilmember Robert Premuroso. 12 A moment of silence was observed for the passing of retired employee Dana Mack. 13 III. ADDITIONS,DELETIONS, MODIFICATIONS 14 ADDITIONS 15 a. Under City Manager Report: Tri-Rail Charrette Steering Committee Report. 16 IV. ANNOUNCEMENTS AND PRESENTATIONS 17 Public Facilities Director Charlotte Presensky reported on site recommendations for the 18 John D. MacArthur Statue. 19 PUBLIC COMMENT 20 Carol Estrada, 309 Riverside Drive, Palm Beach Gardens. 21 Councilmember Russo made a motion directing staff to proceed with locating the statue at 22 Lake Catherine. 23 Vice Mayor Levy seconded. 24 Motion passed 3-2,Mayor Jablin with Councilmember Premuroso dissenting. 25 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 26 Councilmember Barnett thanked the Fire Department for their Open House event. 27 Vice Mayor David Levy attended the first meeting of the Palm Beach County Water 28 Resource Task Force where he was elected vice chair and attended the Ballenlsles Country 29 Club Going Green event. 30 Councilmember Russo reported an alligator attack on a dog at the Sand Hill Crane park area 31 and requested caution signs be posted. 32 Councilmember Premuroso reported Saturday (February 21, 2009) is the opening day for 33 Palm Beach Gardens baseball and recognized City Manager Ron Ferris as Employee of the 34 Month for his efforts in keeping the Councilmembers up to date. 35 Mayor Jablin attended the Frenchman's Creek annual luncheon; the Ballenlsles Country 36 Club Going Green event; the Metropolitan Planning Organization (MPO) meeting and stated 37 his objections to Senate Bill 360. 38 VI. CITY MANAGER REPORT 39 City Manager Ferris introduced Planning Manager Nilsa Zacarias who discussed the 40 transportation charrette. 41 City Manager Ferris discussed the impacts of Senate Bills 360 and 630 and the City Council 42 granted him permission to meet with Senator Atwater, Lobbyist Tom DeRita and City 43 Managers from other North County municipalities. Mayor Jablin requested Vice Mayor 44 Levy discuss the bills at the League of Cities. 45 VII. COMMENTS FROM THE PUBLIC 46 The following individuals commented to the Council: Joan Elias, 1009 Diamond Head Way, 47 Palm Beach Gardens; Dr. Myles Cooley, 9121 North Military Trail, Suite 210, Palm Beach 48 Gardens; Eileen Tucker, Shady Lakes, Palm Beach Gardens. 49 VIII. CONSENT AGENDA CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1 02.19.09 1 a. Resolution 7, 2009 —Palm Beach County EMS Grant. 2 b. Resolution 13, 2009 —Agreement with Children's Healthcare Charity, Inc. 3 c. Resolution 17, 2009 —Agreements for Professional Graphic Artist Services. 4 d. Resolution 18, 2009 — Surplus Property. 5 e. Resolution 20, 2009 —Doubletree Plat. 6 Councilmember Barnett requested item b be pulled from the agenda. 7 Vice Mayor Levy made a motion for approval of the Consent Agenda with the removal of 8 item b. 9 Councilmember Premuroso seconded. 10 Motion passed 5-0. 11 Councilmember Russo stated he serves on the Board of the Children's Healthcare Charity, 12 Inc., but has been advised by Interim City Attorney R. Max Lohman that he can vote on this 13 item because he does not receive any money. 14 Councilmember Barnett objected to the words "annual basis" in Resolution 13, 2009. 15 Councilmember Barnett made a motion for approval of item b. Resolution 13, 2009 with 16 "2009" replacing "annual basis." 17 Vice Mayor Levy seconded. 18 Motion passed 5-0. 19 IX. PUBLIC HEARINGS 20 Part I—Quasi-judicial 21 Mayor Jablin announced the procedures that would be followed in tonight's proceedings. The 22 City Clerk swore in all those intending to offer testimony. 23 The City Clerk read Ordinances 12, 13, and 10, 2009 and Resolution 15, 2009 by title for 24 concurrent consideration. 25 a. Ordinance 12, 2009 - (1st reading) Voluntary Annexation Petition. An Ordinance of 26 the City Council of the City of Palm Beach Gardens, Florida annexing, pursuant to a petition 27 for voluntary annexation, a parcel of land consisting of approximately ten (10) acres, 28 generally located at the Northwest corner of the intersection of Alternate AlA and Hood 29 Road, in Palm Beach County, Florida, as more particularly described herein; declaring that 30 the voluntary annexation petition bears the signature of the owner of the real property 31 annexed hereby; amending Article II of the City Charter by redefining the corporate limits; 32 providing a severability clause, a conflicts clause, and authority to codify; providing an 33 effective date; and for other purposes. 34 b. Ordinance 13, 2009 — (1st reading) Frenchman's Crossing Comprehensive Plan 35 Amendment. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, 36 adopting a small-scale amendment to its Comprehensive Development Plan in accordance 37 with the mandates set forth in Chapter 163, Florida Statutes, specifically Section 38 163.3187(1)(c), et seq., Florida Statutes, pursuant to City-initiated application no. CPMA-07- 39 08-000007, which provides for an amendment to the City's Future Land Use Map designating 40 one (1) parcel of real property comprising approximately ten (10.0+) acres, more or less, in 41 size as "(C) Commercial"; such parcel of land is located on the Northwest corner of the 42 intersection of Hood Road and Alternate AlA, informally known as "Frenchman's Crossing"; 43 providing for compliance with all requirements of Chapter 163, Florida Statutes; providing a 44 conflicts clause and a severability clause; providing an effective date; and for other purposes. 45 c. Ordinance 10, 2009 — (1st reading) Frenchman's Crossing PUD. An Ordinance of the 46 City Council of the City of Palm Beach Gardens, Florida rezoning one (1) parcel of real 47 property consisting of approximately ten and 00/100 (10.00+) acres, more or less, in size, 48 from County Zoning Designation Agricultural Residential/Special Exception (AR/SE) to City CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 02.19.09 1 Zoning Designation General Commercial (CG-1) zoning district with a Planned Unit 2 Development (PUD) overlay; such parcel is located at the Northwest corner of Hood Road 3 and Alternate AlA, as described more particularly herein, more commonly known as the 4 "Frenchman's Crossing PUD"; providing revisions to the zoning district map; providing a 5 conflicts clause, a severability clause, and authority to codify; providing an effective date; and 6 for other purposes. 7 Resolution 15, 2009 is a companion item to Ordinance 10, 2009 and will require council 8 action at second reading 9 Resolution 15, 2009 - Frenchman's Crossing PUD. A Resolution of the City Council of the 10 City of Palm Beach Gardens, Florida approving the Frenchman's Crossing Planned Unit 11 Development (PUD) allowing for a 45,600 square-foot retail grocery store and 16,600 square 12 feet of general commercial uses on a 10-acre parcel, as described more particularly herein; 13 providing waivers; providing conditions of approval; providing an effective date; and for 14 other purposes. 15 Mayor Jablin explained if Ordinances 12, 13 and 10, 2009 are passed, Resolution 15, 2009 16 will go forward for second reading. 17 Mayor Jablin opened the public hearing and requested ex parte communication, which were 18 declared by Mayor Jablin, Vice Mayor Levy, Councilmember Russo, Councilmember Barnett 19 and Councilmember Premuroso. 20 The following individuals commented on this agenda item: Jennifer Tighe, Land Design 21 South, Growth Management Administrator Kara Irwin, Senior Planner Stephen Mayer, 22 Senior Planner Richard Morrero. 23 PUBLIC COMMENT 24 Bill Morrell, 523 Tomahawk, Palm Beach Gardens; Brian LaMotte, 1907 Flower Drive, 25 Palm Beach Gardens; Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens; John 26 Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens; John Paul, 525 Tomahawk Court, 27 Palm Beach Gardens; Ron Lavoie, 1309 Sonoma Court, Palm Beach Gardens; Jim Keeley, 28 380 Columbus Street, Palm Beach Gardens. 29 Mayor Jablin closed the public hearing. 30 Vice Mayor Levy made a motion for approval of Ordinance 12, 2009 on first reading. 31 Councilmember Russo seconded. 32 Motion passed 5-0. 33 Vice Mayor Levy made a motion for approval of Ordinance 13, 2009 on first reading. 34 Councilmember Russo seconded. 35 Motion passed 5-0. 36 Vice Mayor Levy made a motion for approval of Ordinance 10, 2009 on first reading. 37 Councilmember Russo seconded. 38 Motion passed 5-0. 39 The City Clerk read Ordinance 9, 2009 and Resolution 11, 2009 by title. 40 d. Ordinance 9, 2009 — (2nd reading and adoption) - Gardens Medical Center. An 41 Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending 42 Ordinance 35, 2000, which approved the Palm Beach Gardens Medical Center Planned Unit 43 Development (PUD) in order to amend the conditional use approval, site plan approval, and 44 related conditions; providing that future amendments to the PUD may be made by Resolution 45 of the City Council; providing a conflicts clause, a severability clause, and authority to codify; 46 providing an effective date; and for other purposes. 47 Resolution 11, 2009 is a companion item to Ordinance 9, 2009 and will require council 48 action. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3 02.19.09 1 Resolution 11, 2009 — Gardens Medical Center. A Resolution of the City Council of the 2 City of Palm Beach Gardens, Florida amending the development plans for the Gardens 3 Medical Center Planned Unit Development (PUD), generally located on the Southeast corner 4 of Burns Road and Gardens East Drive, as more particularly described herein; providing 5 waivers; providing conditions of approval; providing an effective date; and for other purposes. 6 Mayor Jablin opened the public hearing and requested ex parte communication with none 7 declared. 8 PUBLIC COMMENT 9 Linda Quinlan, 3514-A Gardens East Drive, Palm Beach Gardens; Donna Cannon 3518-B 10 Gardens East Drive, Palm Beach Gardens. 11 Mayor Jablin closed the public hearing. 12 Vice Mayor Levy made a motion for approval of Ordinance 9, 2009. 13 Councilmember Russo seconded. 14 Motion passed 5-0. 15 Vice Mayor Levy made a motion for approval of Resolution 11, 2009. 16 Councilmember Russo seconded. 17 Motion passed 5-0. 18 The City Clerk read Resolution 19, 2009 by title. 19 e. Resolution 19, 2009 - Palm Beach Gardens Medical Center Master Signage Program. 20 A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a 21 Master Signage Program for the Palm Beach Gardens Medical Center Planned Unit 22 Development; providing seven sign waivers; providing conditions of approval; providing an 23 effective date; and for other purposes. 24 The following individuals commented on this agenda item: Anne Booth, Urban Design 25 Kilday Studios, 26 Mayor Jablin opened the public hearing and requested ex parte communication with none 27 declared. 28 Mayor Jablin closed the public hearing. 29 Vice Mayor Levy made a motion for approval of Resolution 19, 2009. 30 Councilmember Russo seconded. 31 Motion passed 5-0. 32 The City Clerk read Resolution 19, 2009 by title. 33 Part II—Non-Quasi-judicial 34 The City Clerk read Ordinance 5, 2009 by title. 35 a. Ordinance 5, 2009 - (2nd reading and adoption) Boards and Committees. An 36 Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 37 2, Administration at Article III, Boards and Committees in order to amend the composition of 38 the City's Boards and Committees and to revise the attendance policy and the appointment 39 procedures for same; providing that each and every other section and sub-section of Chapter 40 2, Administration shall remain the same as previously adopted; providing a conflicts clause, a 41 severability clause, and authority to codify; providing an effective date; and for other 42 purposes. 43 Mayor Jablin opened the public hearing. 44 Mayor Jablin closed the public hearing. 45 Vice Mayor Levy made a motion for approval of Ordinance 5, 2009 on second reading and 46 adoption with the removal of Section 11. 47 Councilmember Barnett seconded. 48 Motion passed 5-0. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4 02.19.09 1 X. RESOLUTIONS 2 The City Clerk read Resolution 21, 2009 by title. 3 a. Resolution 21, 2009 - Public Art by Ty Foose at Gardens Park. A Resolution of the 4 City Council of the City of Palm Beach Gardens, Florida approving public art by Ty Foose 5 through Advanced Recreational Concepts, Inc. to be installed at Gardens Park, and provide 6 funding from the art impact fund reserves in accordance with section 78-261 of the Code of 7 Ordinances; providing an effective date; and for other purposes. 8 The following individuals commented on this agenda item: Mike Morrow, Construction 9 Services. 10 Vice Mayor Levy made a motion to table Resolution 21, 2009. 11 Councilmember Russo seconded. 12 Motion passed 5-0. 13 XI. ORDINANCES (for Consideration on First Reading) 14 The City Clerk read Ordinance 5, 2009 by title. 15 a. Ordinance 6, 2009 — (1st reading) Business tax receipt. An Ordinance of the City 16 Council of the City of Palm Beach Gardens, Florida, amending Chapter 66, Taxation by 17 repealing Article II in its entirety and readopting a new Article II with a new title such that 18 Article II shall now be entitled "Business Tax and Registration" in order to comply with 19 Chapter 205, Florida Statutes; providing a conflicts clause, a severability clause and authority 20 to codify; providing an effective date; and for other purposes. 21 The following individuals commented on this agenda item: Kenthia White, Business 22 Services Coordinator. 23 PUBLIC COMMENT 24 Hal Valache, 128 Viera Drive,Palm Beach Gardens. 25 Vice Mayor Levy made a motion to table Ordinance 6, 2009. 26 Councilmember Barnett seconded. 27 Motion passed 5-0. 28 XII. ITEMS FOR COUNCIL ACTION/DISCUSSION 29 None. 30 XIII. CITY ATTORNEY REPORT 31 None. 32 33 (The remainder of this page intentionally left blank.) 34 35 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 5 02.19.09 1 XIV. ADJOURNAMENT 2 Vice Mayor Levy made a motion to adjourn. 3 Councilmember Barnett seconded. 4 Motion passed 5-0. 5 The meeting adjourned at 11:06 p.m. 6 The next regularly scheduled City Council meeting will be held March 5, 2009. 7 8 APPROVED: 9 10 11 12 Joseph R. Russo,Mayor 13 14 15 16 David Levy, Vice Mayor 17 18 19 20 Eric Jablin, Councilmember 21 22 23 24 Jody Barnett, Councilmember 25 26 27 28 Robert G. Premuroso, Councilmember 29 30 31 ATTEST: 32 33 34 35 36 Patricia Snider, CMC 37 City Clerk 38 39 40 Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of 41 the meeting.A verbatim audio record is available from the Office of the City Clerk. 42 All referenced attachments are on file in the Office of the City Clerk. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 6 02.19.09 1 CITY OF PALM BEACH GARDENS 2 CITY COUNCIL 3 REGULAR MEETING 5 MARCH 5, 2009 6 The regular meeting was called to order at 7:05 p.m. by Mayor Eric Jablin. 7 I. PLEDGE OF ALLEGIANCE 9 II. ROLL CALL 10 PRESENT: Mayor Eric Jablin, Vice Mayor David Levy, Councilmember Joseph Russo, 11 Councilmember Jody Barnett and Councilmember Robert Premuroso. 12 III. ADDITIONS,DELETIONS, MODIFICATIONS 13 None. 14 IV. ANNOUNCEMENTS AND PRESENTATIONS 15 None. 16 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 17 Vice Mayor David Levy attended a League of Cities board meeting where he discussed the 18 City Council's opposition to Senate Bill 360. The League of Cities voted unanimously to 19 oppose Senate Bill 360 and will review Senate Bill 630 next month. 20 Councilmember Barnett attended Ethics Panel discussion and suggested lobbyist 21 registration. Councilmember Russo suggested contacting Anne Gannon regarding the 22 program she uses. Councilmember Barnett stated her objection to the change to action 23 minutes. City Manager Ferris explained the reasons for the change and the plan for 24 bookmarking minutes in the future. Mayor Jablin and Councilmember Russo stated their 25 support. 26 Councilmember Russo reported on the Honda Classic, attending the Chamber of Commerce 27 Education meeting and thanked the residents for their support during the past four years. 28 Councilmember Premuroso no report. 29 Mayor Jablin attended Scripps opening, suggested discussing reestablishing the Economic 30 Development Advisory Board (EDAB) and asked that it be placed on the April 2, 2009 31 agenda. 32 VI. CITY MANAGER REPORT 33 City Manager Ferris stated Ram Realty Services and John Bills Properties, Inc., are in 34 violation of a condition of their development of approval regarding offsite mitigation 35 property. The letter gives 30 days for payment or the City will seek legal remedies to collect 36 and requested Interim City Attorney R. Max Lohman be authorized to pursue payment. 37 Vice Mayor Levy made a motion that City Manager Ferris send the letter and seek all legal 38 remedies necessary for collection. 39 Councilmember Barnett seconded. 40 Motion passed 5-0. 41 VII. COMMENTS FROM THE PUBLIC 42 The following individuals commented to the Council: Carol Estrada, 309 Riverside Drive, 43 Palm Beach Gardens; Eileen Tucker, Shady Lakes, Palm Beach Gardens; Rick Warner, East 44 87th Trail W, Palm Beach Gardens; David Porter, 11 Kintyre Road, Palm Beach Gardens; 45 Raymond Katz, 703 Sun Terrace Court, Palm Beach Gardens; Lee Bickford, Cambia Road 46 W, Palm Beach Gardens; Steve Cohen, 10272 Heronwood Lane, West Palm Beach; Zenos 47 Frudakis, 2355 Mt. Carmel Avenue, Glenside, Pennsylvania; Tom Murphy, 319 Eagleton 48 Golf Drive, Palm Beach Gardens. 49 City Manager Ferris addressed comments on the dog park. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1 03.05.09 1 Councilmembers chose not to reconsider the placement of the John D. MacArthur statue. 2 VIII. CONSENT AGENDA 3 a. Resolution 14, 2009 - Fire Rescue Training Agreement. 4 Vice Mayor Levy made a motion for approval of the Consent Agenda. 5 Councilmember Barnett seconded. 6 Motion passed 5-0. 7 IX. PUBLIC HEARINGS 8 Part I—Quasi-judicial 9 Mayor Jablin announced the procedures that would be followed in tonight's proceedings. The 10 City Clerk swore in all those intending to offer testimony. 11 The City Clerk read Ordinance 7, 2009 by title. 12 a. Ordinance 7, 2009 - (2nd reading and adoption) — Rezoning of the Northlake 13 Congress Commercial Center Property. An Ordinance of the City Council of the City of 14 Palm Beach Gardens, Florida rezoning a certain parcel of real property comprising 15 approximately one and 37/100 (1.37) acres, more or less, in size; such parcel being located on 16 the North side of Northlake Boulevard approximately one mile East of I-95 at the intersection 17 of Northlake Boulevard and Congress Avenue, informally known as the Northlake Congress 18 Commercial Center, as more particularly described herein, from Residential Medium (RM) to 19 Commercial General (CG1) zoning district; revising the City zoning district map accordingly; 20 providing a conflicts clause, a severability clause, and authority to codify; providing an 21 effective date; and for other purposes. 22 Mayor Jablin opened the public hearing and requested ex parte communication with none 23 declared. 24 Growth Management Administrator Irwin stated there are no changes from first reading. 25 Mayor Jablin closed the public hearing. 26 Vice Mayor Levy made a motion for adoption of Ordinance 7, 2009 on second reading. 27 Councilmember Barnett seconded. 28 Motion passed 5-0. 29 The City Clerk read Ordinance 8, 2009 by title. 30 b. Ordinance 8, 2009 — (2nd reading and adoption) - Rezoning of the Loxahatchee 31 Slough Properties. An Ordinance of the City Council of the City of Palm Beach Gardens, 32 Florida rezoning fourteen (14) parcels of real property comprising approximately two 33 thousand twenty-four (2,024) acres, more or less, in size; such parcels of land are located 34 within the Loxahatchee Slough and Sandhill Crane Natural Areas which include three 35 locations generally located West of the Florida Turnpike and/or North of Northlake 36 Boulevard, as more particularly described herein, from Planned Development Area (PDA) to 37 Conservation (CONS) zoning district; the City zoning district map shall be revised 38 accordingly; providing a conflicts clause, a severability clause, and authority to codify; 39 providing an effective date; and for other purposes. 40 Mayor Jablin opened the public hearing and requested ex parte communication with none 41 declared. 42 The following individuals commented on this agenda item: Growth Management 43 Administrator Irwin. 44 Mayor Jablin closed the public hearing. 45 Vice Mayor Levy made a motion for adoption of Ordinance 8, 2009 on second reading. 46 Councilmember Russo seconded. 47 Motion passed 5-0. 48 Part II—Non-Quasi-judicial CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 03.05.09 1 The City Clerk read Ordinance 4, 2009 by title. 2 a. Ordinance 4, 2009 — (2nd reading and adoption) — Red Light Intersection Cameras. 3 An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending 4 Chapter 70, Traffic and Vehicles by adopting an entirely new Article VI to be entitled 5 "Dangerous Intersection Safety"; providing for recorded-image monitoring, definitions, an 6 introductory period, review of recorded images, notices, hearing, non-responsibility 7 provisions, enforcement, and penalties related to a violation of this article, also known as a 8 "Red-Zone Infraction"; providing a conflicts clause, a severability clause, and authority to 9 codify; providing an effective date; and for other purposes. 10 Mayor Jablin opened the public hearing. 11 The following individuals commented on this agenda item: Chief of Police Stephen Stepp. 12 Bill Sabine, 3827 Begonia Street, Palm Beach Gardens; Rita Whalen, 5218 Woodruff Lane, 13 Palm Beach Gardens; Sandford Pearl, 9968 Dahlia, Palm Beach Gardens; Howard 14 Schweitzer, 79 Dunbar Road E, Palm Beach Gardens; Tom Murphy, 319 Eagleton Golf 15 Drive, Palm Beach Gardens; Sharon Long, 4267 Linden Avenue, Palm Beach Gardens. 16 Mayor Jablin closed the public hearing. 17 Vice Mayor Levy made a motion for adoption of Ordinance 4, 2009 on second reading. 18 Councilmember Barnett seconded the motion. 19 Motion passed 5-0. 20 The City Clerk read Ordinance 11, 2009 by title. 21 b. Ordinance 11, 2009 — (2nd reading and adoption) — Studio uses in MIA Light Industrial 22 District. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida 23 amending Chapter 78, Land Development at Section 78-159 entitled "Permitted Uses, Minor, 24 and Major Conditional Uses, and Prohibited Uses" in order to provide for studio uses as 25 Minor Conditional Uses within the M-1A Light Industrial District; providing that each and 26 every other Section and Sub-section of Chapter 78, Land Development shall remain the same 27 as previously adopted; providing a conflicts clause, a severability clause, and authority to 28 codify; providing an effective date; and for other purposes. 29 The following individuals commented on this agenda item: Growth Management 30 Administrator Irwin. 31 Mayor Jablin opened the public hearing. 32 Mayor Jablin closed the public hearing. 33 Vice Mayor Levy made a motion for adoption of Ordinance 11, 2009 on second reading. 34 Councilmember Barnett seconded. 35 Motion passed 5-0. 36 X. RESOLUTIONS 37 The City Clerk read Resolution 23, 2009 by title. 38 a. Resolution 23, 2009 - Mutual Aid Agreement with the City of West Palm Beach. A 39 Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a 40 Mutual Aid Interlocal Agreement for Fire-Rescue Assistance between the City of Palm Beach 41 Gardens and the City of West Palm Beach; authorizing the Mayor to execute the agreement; 42 providing an effective date; and for other purposes. 43 The following individuals commented on this agenda item: Fire Chief Bergel. 44 Mayor Jablin opened the public hearing. 45 Mayor Jablin closed the public hearing. 46 Vice Mayor Levy made a motion for approval of Resolution 23, 2009. 47 Councilmember Barnett seconded. 48 Motion passed 5-0. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3 03.05.09 1 Councilmembers authorized Mayor Jablin to send a letter regarding the condition of the 2 Motor Vehicle Bureau located on PGA Boulevard. 3 XI. ORDINANCES (for Consideration on First Reading) 4 None. 5 XII. ITEMS FOR COUNCIL ACTION/DISCUSSION 6 None. 7 XIII. CITY ATTORNEY REPORT 8 None. 9 10 (The remainder of this page intentionally left blank.) 11 12 13 14 15 16 17 18 19 20 21 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4 03.05.09 1 XIV. ADJOURNAMENT 2 Vice Mayor Levy made a motion to adjourn. 3 Councilmember Barnett seconded. 4 Motion passed 5-0. 5 The meeting adjourned at 8:47 p.m. 6 The next regularly scheduled City Council meeting will be held March 19, 2009. 7 8 APPROVED: 9 10 11 12 Joseph R. Russo,Mayor 13 14 15 16 David Levy, Vice Mayor 17 18 19 20 Eric Jablin, Councilmember 21 22 23 24 Jody Barnett, Councilmember 25 26 27 28 Robert G. Premuroso, Councilmember 29 30 31 ATTEST: 32 33 34 35 36 Patricia Snider, CMC 37 City Clerk 38 39 40 Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of 41 the meeting.A verbatim audio record is available from the Office of the City Clerk. 42 All referenced attachments are on file in the Office of the City Clerk. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 5 03.05.09 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: April 2, 2009 Resolution 28, 2009 Subject/Agenda Item: Resolution 28, 2009, approving an agreement with Medtronic Physio-Control Corporation to purchase five (5) Lifepak monitors/defibrillators [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $149.779 Council Action: Fire-Rescue (Total) Keit Bryer Cit orney .[ ]Approved $149.779 [ ]Approved w/ Current FY conditions [ ] Denied Finance Administrator Advertised: Funding Source: [ ] Continued to: /1413 Date: [ ] Operating Attachments: Paper: [X] Other /(,a1y • Physio-Control quote 1t.1eiu./D [x] Not Required • Sole Source letter Submitted by: Peter Berge!, Fire Chief gow■ Department Dir- or Affected parties Budget Acct.#: Approv= . by: ] Notified 303.1200.522.6400 [ ] Not required City Man ger Meeting Date: April 2, 2009 Resolution 28, 2009 BACKGROUND: Currently, Fire-Rescue uses ECG Monitor/Defibrillators that have been in service for nine (9) years. Manufacturer and industry standards for replacement are seven (7) years. The older units require frequent repair and maintenance costs have increased. The new units have advanced technology such as: increased battery life, which will decrease the number of batteries to be purchased and maintained; the ability to accurately monitor a patient's temperature, necessary for the new hypothermia treatment protocols; a metronome for ensuring proper CPR; upgraded monitoring for advanced airway procedures; durable viewing screens capable of being read in direct sunlight; and stronger patient monitoring cables. The.Fire-Rescue Capital Improvement Plan has been used in the planning of this purchase. STAFF RECOMMENDATION: Staff recommends approval of Resolution 28, 2009 as presented. 1 2 RESOLUTION 28, 2009 3 4 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 6 BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT 7 WITH MEDTRONIC PHYSIO CONTROL CORPORATION TO 8 PURCHASE FIVE (5) LIFEPAK MONITORS/DEFIBRILLATORS; 9 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 10 PURPOSES. 11 12 13 WHEREAS, the Fire Rescue Department utilizes Cardiac ECG Monitors/ 14 Defibrillators for the delivery of emergent cardiac care; and 15 16 WHEREAS, the Monitors/Defibrillators currently being used have been in service 17 for nine (9) years and industry standards recommend replacement after seven (7) 18 years; and 19 20 WHEREAS, the new Monitors/Defibrillators have upgraded technology and 21 increased battery life; and 22 23 WHEREAS, such agreement has been prepared and is attached hereto; and 24 25 WHEREAS, the City Council has deemed approval of this Resolution to be in the 26 best interest of the citizens and residents of the City of Palm Beach Gardens. 27 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 30 OF PALM BEACH GARDENS, FLORIDA that: 31 32 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 33 34 SECTION 2. The City Council hereby approves the agreement with Medtronic 35 Physio-Control Corporation for the purchase of five (5) Lifepak Monitors/Defibrillators for 36 an amount not to exceed $150,000.00 and hereby authorizes the Mayor to execute 37 such agreement. 38 39 SECTION 3. This Resolution shall become effective immediately upon adoption. 40 41 42 43 44 45 46 Resolution 28, 2009 1 2 PASSED AND ADOPTED this day of , 2009. 3 4 5 CITY OF PALM BEACH GARDENS, FLORIDA 6 7 8 BY: 9 Joseph R. Russo, Mayor 10 11 ATTEST: 12 13 14 BY: 15 Patricia Snider, CMC, City Clerk 16 17 18 APPROVED AS TO FORM AND 19 LEGAL SUFFICIENCY 20 21 22 BY: 23 R. Max Lohman, Interim City Attorney 24 25 26 27 VOTE: AYE NAY ABSENT 28 29 MAYOR RUSSO 30 31 VICE MAYOR LEVY 32 33 COUNCILMEMBER JABLIN 34 35 COUNCILMEMBER BARNETT 36 37 COUNCILMEMBER PREMUROSO 38 39 40 41 42 43 44 45 46 47 G:\attorney_share\RESOLUTIONS\2009\resolution 28 2009-medtronic physio control purchase of 5 lifepak defibs.doc 2 V • 4 CITY OF PALM BEACH GARDENS SOLE SOURCE PURCHASE REQUEST FORM A Sole Source Purchase is exempt from quotation and bid requirements.For any commodity and/or service to be considered a"Sole Source"item,it must be the only product which will produce the desired result,and it must be available from only one source of supply. To:Finance Department Peter Bergel Fire Department Head Department Name 5 Lifepak Monitor/Defibrillators Subject:Sole Source Request for the Purchase of: Requested Supplier: PhySlo-Control 28, 2009 149,779.00 Requisition Number: Cost Estimate: "Sole Source" purchases are defined as clearly and legitimately limited to a single supplier. "Sole Source"purchases are normally not allowed except when based upon strong technological grounds such as operational compatibility with existing equipment and related parts or upon a clearly unique and cost effective feature requirement.The use of"Sole Source"purchases shall be limited only to those specific instances,which are totally justified to satisfy compatibility or technical performance needs. Statement of Need: My department's recommendation for "Sole Source"is based upon an objective review of the product / service required and appears to be in the best interest of the City of Palm Beach Gardens. I know of no conflict of interest on my part or personal involvement in any way with this request.No gratuities,favors or compromising action have taken place.Neither has my personal familiarity with particular brands,types of equipment,materials or firms been a deciding influence on my request to"Sole Source"this purchase when there are other known suppliers to exist. Refer to the attached"Sole Source"justification as prepared by our department and will be attached to my completed EDEN Purchase Requisition. Requestor Signature/Date: Department Head Signature/Date: f Approved Rejected Adi. / 23 01 ��� / 2-1Z3[05 If purchase is from$2,500.00 to$50,000.00: If purchase is$50,000.00 or more: Finance Administrator Signature/Date: City Attorney Signature/Date: Approved Rejected Approved Rejected / / Reference Resolution# SOLE SOURCE JUSTIFICATION Requisition Item: 5 Lifepak Monitor/Defibrillators Requisition Number: 28,2009 Prior Purchase Order Ntunber(if item had been approved previously)'. 1. Please describe the item and Its function: _ifepak Monitor/Defibrillators(ECG machines) 2. This Ls a sole suurce"because: O sole provide of a licensed or patented good or service t sole provider of items that are compatible with existing equiptnent,ittreiitor v=,systems.programs or cervices 12 sole provider of goods and services for which the City has established a standautl"" O sole provider of factory-authorized wannnty sen c? Q sole provider of goods or services that will meet the specialized needs of the City or perform the intended function(please detail below or in an attachment) ▪ the vendorklistnbutor is a holder of a used:tern that would represent good value and is advantageous to the City(please attach information on market price survey,availability;etc.) :f- What alert ssary features does this vendor provide which are not available from other vendors? Please be specific. Exceptional durability,CPR metronome for Adult&Child CPR 4. What steps were taken to verity that these features are not available elsewhere? Et• Other brands:ranufacturers were examined(please list phone numbers and names,and explain why these weto not suitable) Phillips&Zoll,neither have the durability and compatibility with the existing system ® other vendors were contacted(please list phone numbers and names,and explain why these were not suitable). *Sole Source:cmty one vendor prosscesses the unique and singularly available capability to meet the requirement ofthe solicitation. "Proeturatents of items for which the City has established a s+a araard by designating a brand or manufacturer or by pre- approving via a testiaz shalt be-competitively bid if there is more than one vnnclor of the item • *Mt 110.04.51.M..:Omil • Physio-Control, Inc. 11811 Willows Road NE THYSIO P.O.Box 97023 Redmond,WA 98073-9723 U.S.A CONTROL.'T L www.physio-control.com •LI www.medtronic.com tel 800.442.1142 fax 800.732.0956 To: Chief Keith Bryer Palm Beach Gardens Fire Rescue Quote#: 1-130185454 4425 Burns Rd PALM BEACH GARDENS, FL 33410 Rev#: 1 Phone:(561)799-4312 Quote Date: 02/11/2009 Sales Consultant: Debbi Stanfield 800-442-1142 x 72305 FOB: Redmond,WA Terms: Net 30,all quotes subject to credit approval and the following terms 8 conditions Contract: None Exp Date: 90 days after resumption of U.S.shipments. Line Catalog At I Description Qty List Price Unit Disc Trade-In Unit Price Ext Total 1 994.00.003513•LP12 DEFIB/MON,ADAPTIV 5 $27,095.00 $100.00 $0.00 $26,995.00 $134,975.00 BIPHASIC,AED,EL.SCREEN,PACING, 12LEAD,FAX,NIBP,ETCO2,IP,TRENDING, 100MM PRINTER THE BIPHASIC LIFEPAK 12 IS AN ADAPTIV FULLY ESCALATING(TO 360 JOULES)BIPHASIC MULTI- PARAMETER DEFIBRILLATOR/MONITOR UNIT. SHIP KIT INCLUDED.HARD PADDLES,BATTERIES AND CARRYING CASE NOT INCLUDED. 2 41310-002455-LIFEPAK 12 SHIPKIT USA, 5 $0.00 $0.00 $0.00 $0.00 $0.00 ENGLISH,BIPHASIC,CO2,12 LEAD,SHORT CABLE,NIBP,100MM PRINTER 3 99407-000002-BSS2,120 VAC 5 $1,785.00 $485.00 $0.00 $1,300.00 $6,500.00 4 41310.000977-BSS2 ShipKit,USA,ENGLISH, 5 $0.00 $0.00 $0.00 $0.00 $0.00 Domestic,Straight Receptacle 5 11141-000026-LIFEPAK NiCd battery,2.4 20 $268.00 $0.00 $0.00 $268.00 $5,360.00 amp hour capacity Rechargeable nickel-cadmium with fuel gage.Must be used with an AC or DC Power Adaptor that is compatible with 2.4 amp hour batteries.Same size and weight as 1.7 amp hour battery. B 11171.000017-LNCS DCI,Adult Sp02 Sensor 5 $270.00 $54.00 $0.00 $216.00 $1,080.00 reusable 7 11171-000024-LNC4 PATIENT CABLE,4 FT 5 $147.00 $29.40 $0.00 $117.60 $588.00 ACCESSORY 11171-000024 LNC4-PATIENT CA 8 11260-000030-Basic Carrying Case 5 $250.00 $50.00 $0.00 $200.00 $1,000.00 Includes shoulder strap,left and right pouches and vinyl front cover. 9 11260-000029-Sack Pouch 5 $69.00 $13.80 $0.00 $55.20 $276.00 Pouch Ideal for accessory storage.Not recommended for use with SLA batteries. 2 Quote#: 1-130185454 Rev#: 1 Quote Products(continued) Quota Date: 02/11/2009 Line Catalog#I Description Qty List Price Unit Disc Trade-In Unit Price Ext Total SUB TOTAL $149,779.00 ESTIMATED TAX $0.00 ESTIMATED SHIPPING & HANDLING $0.00 GRAND TOTAL $149,779.00 Pricing Summary Totals List Price: $153,440.00 Cash Discounts: -$3,661.00 GRAND TOTAL FOR THIS QUOTE $149,779.00 TO PLACE AND ORDER, PLEASE FAX A COPY OF THE QUOTE AND PURCHASE ORDER TO:#800-732- 0956,ATTN:REP SUPPORT PHYSIO-CONTROL, INC.REQUIRES WRITTEN CUSTOMER APPROVAL(AUTHORIZED SIGNATURE) VERIFICATION OF THIS ORDER.A PURCHASE ORDER IS REQUIRED ON ALL ORDERS$10,000 OR GREATER BEFORE NAME APPLICABLE FREIGHT AND TAXES.THE UNDERSIGNED IS AUTHORIZED TO ACCEP I THIS ORDER IN ACCORDANCE TITLE TO THE TERMS AND PRICES DENOTED HEREIN.SIGN TO THE RIGHT; DATE Ref.Code: AWI11 0 77 30 3/1-25IBRO (Votes: TAXES,SNIPPING AND HANDLING FEES ARE ESTIMATES ONLY AND ARE SUBJECT TO CHANGE AT THE TIME OF ORDER. SHIPPING AND HANDLING ESTIMATE APPLIES TO GROUND TRANSPORT ONLY. ABOVE PRICING VALID ONLY IF QUOTE IS PURCHASED IN ITS ENTIRETY.(OPTIONAL ITEMS NOT REQUIRED). IF QUOTE REFLECTS TRADE-IN VALUES,CUSTOMER ASSUMES RESPONSIBILITY FOR SHIPMENT OF TRADE-IN UNITS TO PHYSIO-CONTROL,INC. ITEMS LISTED ABOVE AT NO CHARGE ARE INCLUDED AS PART OF A PACKAGE DISCOUNT THAT INVOLVES THE PURCHASE OF A BUNDLE OF ITEMS. CUSTOMER IS SOLELY RESPONSIBLE FOR APPROPRIATELY ALLOCATING THE DISCOUNT EXTENDED ON THE BUNDLE WHEN FULFILLING ANY REPORTING OBLIGATIONS IT MIGHT HAVE. Until further notice,Physlo•Control is limiting shipments of the following products:LIFEPAK®12 defibrillator/monitor,LIFEPAK 20 defibrillator/monitor,LIFEPAK 500 defibrillators, LIFEPAK 1000 defibrillator and LIFENET®RS Receiving Station.In addition, Physlo.Control has suspended shipments of LIFEPAK CR®Plus AED and LIFEPAK EXPRESS®AED and some upgrades until further notice. At this time,Physlo-Control is not able to provide estimated delivery dates. We are committed to providing customers with updated product and shipping Information. If you place an order based on this quote,when the products become available Physlo-Control will contact you to confirm your order.At that time you may elect to(1)proceed with your order,(2)cancel all or part of your order(3)request a revised quote. 3 TERMS OF SALE General Terms Physio-Control, Inc.acceptance of the Buyer's order is expressly conditioned on the Buyer's assent to the terms set forth in this document and its attachments.Physio-Control, Inc.agrees to furnish the goods and services ordered by the Buyer only on these terms,and the Buyer's acceptance of any portion of the goods and services covered by this document shall confirm their acceptance by the Buyer.These terms constitute the complete agreement between the parties and they shall govern any conflicting or ambiguous terms on the Buyer's purchase order or on other documents submitted to Physio-Control,Inc.by the Buyer.These terms may only be revised or amended by a written agreement signed by an authorized representative of both parties. Pricing Unless otherwise indicated in this document,prices of goods and services covered by this document shall be Physio-Control, Inc.standard prices in effect at the time of delivery.Prices do not include freight insurance,freight forwarding fees,taxes,duties,import or export permit fees,or any other similar charge of any kind applicable to the goods and services covered by this document.Sales or use taxes on domestic(USA)deliveries will be invoiced in addition to the price of the goods and services covered by this document unless Physio-Control,Inc.receives a copy of a valid an exemption certificate prior to delivery.Please forward your tax exemption certificate to the Physio-Control,Inc.Tax Department,P.O.Box 97006,Redmond,Washington 98073-9706. Payment Unless otherwise indicated in this document or otherwise confirmed by Physio-Control,Inc.in writing, payment for goods and services supplied by Physio-Control, Inc.shall be subject to the following terms: Domestic(USA)Sales-Upon approval of credit by Physio-Control,Inc.,100%of invoice due thirty(30)days after invoice date. International Sales-Sight draft or acceptable(confirmed)irrevocable letter of credit. Physio-Control, Inc.may change the terms of payment at any time prior to delivery by providing written notice to the Buyer. Delivery Unless otherwise indicated in this document,delivery shall be FOB Physio-Control, Inc.point of shipment and title and risk of loss shall pass to the Buyer at that point. Partial deliveries may be made and partial invoices shall be permitted and shall become due in accordance with the payment terms.In the absence of shipping instructions from the Buyer,Physio-Control,Inc.will obtain transportation on the Buyer's behalf and for the Buyers account. Delays Delivery dates are approximate.Physio-Control,Inc.will not be liable for any loss or damage of any kind due to delays in delivery or non-delivery resulting from any cause beyond its reasonable control,including but not limited to,acts of God,labor disputes.the requirements of any governmental authority,war,civil unrest,terrorist acts,delays in manufacture,obtaining any required license or permit,and Physio-Control,Inc. inability to obtain goods from its usual sources.Any such delay shall not be considered a breach of Physio-Control,Inc.and the Buyer's agreement and the delivery dates shall be extended for the length of such delay. Inspections Claims by the Buyer for damage to or shortages of goods delivered shall be made within thirty(30)days after shipment by providing Physio- Control,Inc.with written notice of any deficiency.Payment is not contingent upon immediate correction of any deficiencies and Physio-Control, Inc.prior approval is required before the return of any goods to Physio-Control, Inc.. Warranty Physio-Control,Inc.warrants its products in accordance with the terms of the standard Physio-Control, Inc.product warranty applicable to the product to be supplied,and the remedies provided under such warranty shall be the Buyers sole and exclusive remedies. Physio-Control,Inc. makes no other warranties,express or implied,Including,without limitation,NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,AND IN NO EVENT SHALL PHYSIO-CONTROL, INC.BE LIABLE FOR INCIDENTAL,CONSEQUENTIAL,SPECIAL OR OTHER DAMAGES. Patent&Indemnity Upon receipt of prompt notice from the Buyer and with the Buyer's authority and assistance,Physio-Control, Inc.agrees to defend,indemnify and hold the Buyer harmless against any claim that the Physio-Control,Inc.products covered by this document directly infringe any United States of America patent. Miscellaneous a)The Buyer agrees that products purchased hereunder will not be reshipped or resold to any persons or places prohibited by the laws of the United States of America. b)Through The purchase of Physio-Control,Inc.products,the Buyer does not acquire any interest in any tooling,drawings,design information, computer programming,patents or copyrighted or confidential information related to said products,and the Buyer expressly agrees not to reverse engineer or decompile such products or related software and information. c)The rights and obligations of Physio-Control,Inc.and the Buyer related to the purchase and sale of products and services described in this document shall be governed by the laws of the State of Florida,United States of America.All costs and expenses incurred by the prevailing party related to enforcement of its rights under this document,including reasonable attorneys fees,shall be reimbursed by the other party. Venue for all disputes shall be in Palm Beach county, Florida. This purchase order may be cancelled pursuant to fiscal funding out as provided by Florida law. 111,dpir 4 L if 41 naece- CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, although Equal Housing Opportunity is a right guaranteed to all Americans under Title VIII of the 1968 Civil Rights Law, the struggle against discrimination in housing continues; and WHEREAS, each year since the enactment of the National Fair Housing Act, the federal government designates April as the anniversary month of that law; as Fair Housing Month;and WHEREAS, on this 41st Anniversary, Palm Beach County is pleased to join in that designation since it provides an opportunity for all Americans to rededicate themselves to the principles of freedom of housing choice and to reacquaint themselves with the rights and responsibilities that are theirs under the law;and WHEREAS, since fair housing is consistent with the principle of equality and justice for all principles under which our nation was founded - we all need to share in the fight to ensure fair housing is a reality for all residents;and WHEREAS, the Fair Housing Center of the Greater Palm Beaches is working in partnership with Palm Beach County to educate all county residents on their fair housing rights and responsibilities. NOW, THEREFORE, I, Joseph R. Russo, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the month of April, 2009, as: FAIR HOUSING MONTH 5-_^ IN WITNESS WHEREOF, I have hereunto _ set my hand and caused the Seal of the 1,‘•, • City of Palm Beach Gardens,Florida, to be ( -' � affixed on this 2nd day of April in the Year of our Lord, Two Thousand and Nine. Attest: l r ' - Mayor Joseph R. Russo Patricia Snider, City Clerk, CMC CITY OF PALM BEACH GARDENS CITY COUNCIL AGENDA COVER MEMORANDUM Meeting Date: April 2,2009 Petition No. CPSS-07-08-00001 Ordinance 15,2009 SUBJECT/AGENDA ITEM Petition No. CPSS-07-08-000001 Ordinance 15, 2009: Ballenlsles West Outparcel Future Land-Use Map Amendment First Reading and Public Hearing: A request by Cotleur & Hearing, Inc., agent for E. W. Outparcels, LLC, for a Small Scale Comprehensive Plan Map Amendment to modify the Future Land Use Map to change the designation from a Residential Low(RL) Future Land Use category to a Professional/Office (PO) Future Land Use category of an approximately 7.31-acre vacant parcel of land, known as the Ballenlsles West Outparcel, generally located at the southwest corner of the intersection ' of PGA Boulevard and Ballenlsles Drive. [ ] Recommendation to APPROVE [ X ] Recommendation to DENY Reviewed by: Originating Dept.: Finance Dept.: City Council: Growth Management: N/A [ ]Approval l't reading Interim City • ., ey /7 Project Manager Allan Owens, [ ] Denial i S/V) Administrator [ ]Postponed R. ax ohman,Esq. Stephen Mayer [ ] Continued to: Sr. Planner Senior Accountant: Growl anagement ByG3S3cl t Ad 'n trator: Tresha Thomas Fees Paid: [ ] Attachments: Kara L. Irwin,AICP [ ] Quasi-Judicial Date: • Applicant's Justification [ X] Legislative _ Statement Long Range Planning [ X] Public Hearing • Location Map Manager • Existing&Proposed CZ , Funding Source: Future Land Use Maps Advertised: g and Surveys Nilsa C.Zacarias,AICP Date: March 18,2009 • Traffic Analysis Paper: Palm Beach [ ] Operating p • Comparative Analysis of Approved By: Post [X] Other NA Impacts City Manage • [ ] Not Required • IPARC Executive Summary ,,, Affected Parties: Budget Acct.#: • Ordinance 15,2009 Ronald F- is [X]Notified NA [] Not Required Meeting date: April 2,2009 Petition CPSS-07-08-00001 Ordinance 15,2009 EXECUTIVE SUMMARY The subject site known as the Ballenlsles West Outparcel is located at the southwest corner of the intersection of PGA Boulevard and Ballenlsles Drive, and consists of 7.31 acres of vacant land. The Ballenlsles West Outparcel is currently designated with a Residential Low (RL) Future Land Use category within the Residential Low Density-3 (RL-3) zoning district. The applicant is proposing to amend the Future Land Use Map to designate the property with the Professional/Office (PO) Future Land Use category. The applicant is proposing to construct an office park on the property. At the January 27, 2009, public hearing, the Planning, Zoning and Appeals Board, acting as the Local Planning Agency, recommended approval of the future land use change by a vote of 5-2. Staff recommends denial of the proposed future land use amendment petition. BACKGROUND Although the subject property is known as the Ballenlsles West Outparcel, it is not located within the Ballenlsles Planned Community Development (PCD). The subject property was designated with the Residential Low Future Land Use category, and a Residential Low Density (RL-3) zoning designation. The subject property and the property to the east across Ballenlsles Drive (designated Commercial) were owned by John D. MacArthur at the time of the Ballenlsles PCD approval, and were purchased by Dexter Development Co. in 2003. Both parcels have remained vacant. FUTURE LAND USE COMPATIBILITY WITH SURROUNDING AREA The applicant is proposing non-residential development in an area that was envisioned by the City's Vision Plan, Future Land Use Map, and Zoning Map as Residential Low. A majority of the PGA corridor between Military Trail and the Turnpike interchange consists of residentially designated properties, including property that has since been re-designated from Residential to Mixed Use (PGA Commons and Midtown/Borland Center PUDs). To the north across PGA Boulevard is a large residential development known as Old Palm Golf Club Planned Community Development (PCD) that consists of single family homes, and it is designated with a Residential Medium (RM) FLU category within the PCD zoning district. Abutting the property to the south is the Ballenlsles PCD, which consists of single family homes and designated with a mix of Golf, Residential Low and Residential Medium FLU categories within the PCD zoning district. To the east and across from Ballenlsles Drive is an undeveloped commercial outparcel, designated with the Commercial FLU category within the Commercial Neighborhood zoning district. To the west is a small tract of land utilized for a maintenance facility, designated with the Residential Low FLU category within the Residential Low Density- 3 (RL-3) zoning district. The requested PO land use is not complementary with the surrounding area on three sides, and it is not compatible with the vision of PGA Boulevard in this area. The Applicant's request to add 2 Meeting date: April 2,2009 Petition CPSS-07-08-00001 Ordinance 15,2009 professional office at this site would bring non-residential intensity to both sides of Ballenlsles Drive, and create a new non-residential node at the intersection of PGA Boulevard and Ballenlsles Drive. Although the applicant contends that PO is the most compatible land use on the basis that PO is a transitional use between residential and a major arterial, the character of PGA Boulevard west of Military Trail is residential in nature and the transition is not necessary in this location. Examples of residential land use along this segment of PGA Boulevard include: PGA National, Mirasol PCD, Old Palm Golf Club PCD, Woodland Lakes, and the residential components of the Midtown and Commons mixed-use projects. URBAN CHARACTER OF BALLENISLE DRIVE Ballenlsles Drive is a two-lane restricted access right-of-way, with a guardhouse 620 feet from the PGA intersection. It serves as a "front entrance" to Ballenlsles Drive and does not support having non-residential land uses on both sides. With the change of land use to Professional Office (PO), the Ballenlsles Drive and PGA intersection would become a new non-residential node on the corridor. The only examples of straight non-residential nodes in this two (2) mile stretch of PGA Boulevard are Mirasol Walk/Shoppes on the Green at PGA Boulevard and Fairway Drive, and Gardens Square Shops at Military Trail and PGA Boulevard. Ballenlsles Drive has a different urban character than these two examples of non-residential nodes on PGA Boulevard. The intersection of Military Trail and PGA Boulevard is an intersection that consists of two major arterials and does not share similarities to Ballenlsles Drive and PGA Boulevard. The intersection at Fairway Drive and PGA Boulevard is an intersection that consists of a residential entrance into gated communities; however, the difference is that this intersection was planned for non-residential development. Through the Development of Regional Impact (DRI) process, this non-residential node was designed and planned to minimize impact to the residents utilizing this entrance. An example of such design is the provision of a second entrance off PGA Boulevard for residential traffic. During the Planned Community Development process, BallenIsles Drive was planned for residential traffic, and afterward, the east outparcel was re-designated Commercial. However, the entrance to the community was never redesigned to accommodate the combination of residential and non-residential traffic. Staff notes that non-residential traffic from both sides of the road would enter Ballenlsles Drive in close proximity (240 feet)to the community's gatehouse and in a location with limited visibility due to enhanced landscaping and a curve in the road. Therefore, staff notes that the additional intensity that a professional office will generate on Ballenlsles Drive negatively affects the existing urban character. COMPATIBILITY WITH THE VISION PLAN The City's Vision Plan serves as a land-use guide for all land-use designation changes in the City. The Vision Plan designates the subject site as Residential Low. Therefore, the change to PO is not consistent with the intent and objective of the Vision Plan for this area. Although the Vision Plan encourages non-residential land uses along the PGA corridor, the establishment of a "main street" along PGA does not intend to proliferate non-residential along the entire corridor. 3 Meeting date: April 2,2009 Petition CPSS-07-08-00001 Ordinance 15,2009 The character of PGA west of Military Trail is predominately residential or mixed-use. The intent of the PGA Boulevard Corridor is to act as a "divider of different land uses" (emphasis added), or to provide our main street with opportunities to live, work and play. The purpose of the "Main Street" concept is to ensure that all different land uses, including residential, are planned for and in some cases, preserved from becoming a strip of one single use (non-residential). CONSISTENCY WITH COMPREHENSIVE PLAN The proposed Future Land Use Map amendment is not consistent with the Goals, Objectives, and Policies of the Future Land Use, and Transportation Elements of the City's adopted Comprehensive Plan. An example of some of the goals, objectives and policies that are not consistent with, and do not support the proposed amendment, are listed below: Future Land Use Element Goal 1.1.5.: Future growth, development and redevelopment shall be directed to areas depicted on the Future Land Use Map, consistent with: sound planning principles; minimal natural limitations; the goals, objectives, and policies contained within this Comprehensive Plan; and the desired community character. The proposed change in the Future Land Use map is not consistent with sound planning principles, as it will intensify the use in an area predominately residential, or mixed-use. This segment of PGA (west of Military Trail) is characterized as having non-residential nodes as part of mixed use developments, and therefore utilizing internal trip capture to minimize the potential traffic impacts. This segment, anchored by non-residential nodes at Military Trail, and at Fairway Drive, has three such mixed-use development nodes, one at Central Boulevard (two corners),the other at Shady Lakes Drive (three corners) The location of Professional Office uses directly abutting residential uses, and the increased intensity of uses allowed in the Professional Office Land Use category at this intersection will create a node of non-residential on both sides of Ballenlsles Drive that does not provide an appropriate transition of uses. This intersection has historically been for residential traffic entering and exiting the Ballenlsles PCD, and also serves as the main entrance to Old Palm. This is an important access to those traveling from the Turnpike to the two communities. Both communities consider their PGA Boulevard access as their "front" access, due to the prestige of the PGA Boulevard corridor. Furthermore, the proposed Professional Office use will require access off of Ballenlsles Drive for traffic making a left turn coming from the east, and traffic exiting the site going to the west (toward the Turnpike). If the FLUM amendment is approved, Ballenlsles Drive will have accessibility constraints due to the proximity of their private gate, the intersection of two non- residential properties and the intersection with PGA Boulevard within approximately 750 feet. Staff notes that the section between the access and the private gatehouse exhibits a wide curve in the road and an abundance of street trees in the median that further create an unsafe access for the intensity of trips being proposed. Staff's professional opinion is that the proposed land use 4 Meeting date: April 2,2009 Petition CPSS-07-08-00001 Ordinance 15,2009 change presents safety concerns due to the increased amount and intensity of traffic in this confined space. Staff notes that the original BallenIslses Master PCD Plan designated the east and west outparcels on Ballenlsles Drive as Residential Low. Although the east outparcel was amended to allow neighborhood commercial uses, staff believes this trend does not justify the continued departure from the original master plan. Transportation Element Objective 2.1.1.: To maintain specific level of service (LOS) standards on the roadways Policy 2.1.1.6.: The City shall require that adequate roadway capacity, at the adopted level of service standards, is or will be available when needed in order to serve new development. As demonstrated in the applicant's traffic analysis, the proposed maximum development potential of the land use change will have a significant level of impact on segments of roadways that are projected to fail the adopted LOS standard D. Furthermore, other segments and intersections that are close to falling below LOS D are significantly impacted by the FLUM amendment. The above referenced Objective and Policy of the Comprehensive Plan does not allow considerations of de minimus that would normally be accepted with concurrency review. The Comprehensive Plan clearly states that any additional traffic above a failing level of service shall be available to serve new development. Staff emphasizes that the proposed future land use change is clearly inconsistent with the Comprehensive Plan. HISTORICAL AND ARCHEOLOGICAL RESOURCES No historical and/or archeological resources have been identified on site, according to the Applicant. ENVIRONMENTAL ISSUES AND LAND SUITABILITY FOR PROPOSED LAND-USE The site contains disturbed land consisting of undeveloped open area with some Banyan trees along the southern end of the property. Existing vegetation at the southeast corner of the site will be incorporated and protected if possible into the site design of any future development. Wildlife is scarce and no signs of hydrology exist on-site and habitat for threatened and endangered species is lacking. The environmental analysis indicated that the property has suitable soil for the proposed development. The site was previously permitted by JDM Country Club (Ballenlsles Country Club). The Master Stormwater Management System for Ballenlsles provides water quality treatment and stormwater attenuation for this project consistent with the Stormwater Management Sub-Element of this Comprehensive Plan. 5 Meeting date: April 2,2009 Petition CPSS-07-08-00001 Ordinance 15,2009 TRAFFIC CONCERNS MAXIMUM DEVELOPMENT POTENTIAL UNDER EXISTING FUTURE LAND-USE CATEGORY The maximum development potential that is allowed under the existing FLU category of Residential Low is outlined in Table 1. In accordance with the Comprehensive Plan, the maximum allowable density is four (4) units per acre. Therefore, the maximum allowable development under the existing Palm Beach Gardens FLUM on the approximately 7.31 acres would be 29 dwelling units. Table 1. Level of Analysis for Maximum D evelopment Potential under Existing Future Land Use Max. Max. External Recreation/Pa Sanitary Potable Solid Development Density/ Trip rks Sewer Water Waste Potential Intensity 29 Single- 290 7,447.2 13,294 571 family units 4 du/acres AADT* .1 acres gpd** gpd** lbs/day Trips *Average Annual Daily Traffic ** gallons per day MAXIMUM DEVELOPMENT POTENTIAL UNDER PROPOSED LAND-USE DESIGNATION The proposed FLUM amendment for the 7.31 acre property is to change to the Professional/Office (PO) FLU category, which allows a maximum allowable development of 35% of the site and a maximum height of 36 feet. Therefore, the maximum allowable development under the existing Palm Beach Gardens FLU category for a three story building (36 ft / 10 ft per story) on the approximately 7.31 acres would be (7.31 x 43,560 x 0.35 x 3) or 334,344 square feet. However, the Professional Office zoning district does not permit 3 stories without a waiver and therefore, staff has accepted a lower reasonable maximum potential. Because the maximum allowable development under the corresponding zoning district is a two story building, the accepted maximum allowable development for the land use change is 222,896 square feet. The maximum development potential that is allowed under the proposed FLU category of Professional Office is outlined in Table 2. Table 2. Level of Analysis for Maximum Development Po tential under Proposed Future Land Use Max. Max. External Trip Recreation Sanitary Potable Solid Waste Development Density / /Parks Sewer Water (garbage Potential Intensity only) PO—two 222,896 2,349 22,290 22,290 3,358.71 story office square feet AADT* Trips N/A gpd** gpd** lbs/day building office *Average Annual Daily Traffic **gallons per day 6 Meeting date: April 2,2009 Petition CPSS-07-08-00001 Ordinance 15,2009 POTENTIAL IMPACT UNDER PROPOSED CHANGE A Comprehensive Plan Map amendment should be analyzed utilizing the proposed maximum development allowed within the proposed future land use (two floors of office at 35% lot coverage) because it accurately reflects the applicant's Future Land Use Map entitlement. Whether an applicant can gain concurrency or site approval should not be considered in the analysis, as the decision to modify the FLUM must be made independent from proposed site plans. Staff has summarized the applicant's traffic analysis prepared by Kimley-Horn and Associates in the following tables. Table 3 summarized the level of impact due to the change in the future land use from RL to PO. Table 3. Summary of Level of Analysis Impact From the Change in Future Land Use Increased Increased Increased Recreation Increased Increased Increased Development Density / External /Parks Sanitary Potable Solid Waste Potential Intensity Trips Sewer Water PO—two 222,896 +2,059 sto office square feet AADT* N/A +14,842.8 +8,996 +2,787.71 building office Trips(289 PM gpd** gpd** lbs/day , Peak hour) *Average Annual Daily Traffic **gallons per day As illustrated by Table 3, the proposed land use change will potentially increase the number of external trips by 2,059 daily trips and 289 PM peak hour trips. Tables 4 and 5 highlight the impacts of the maximum development on specific roadway segments. Both tables show significant levels of impact on 2007, and 2025 Average Annual Daily Traffic (AADT) link analysis due to the proposed FLUM amendment. As shown on Table 4, there are significant levels of impact on 2007 AADT link analysis for the Florida Turnpike, and the segment does not meet adopted LOS D. Furthermore, two segments on PGA Boulevard are significantly impacted by the development; however they currently meet the adopted LOS D. Table 4.2007 AADT LINK ANALYSIS Roadway Project LOS Existing Project Impact Significant From - To Traffic Volume on LOS Impact /Capacity PGA Boulevard Fairway Dr. - Ballenlsles Dr. 352 C .81 .72% No Ballenlsles Dr. - Central Blvd 1,950 D .84 3.96% Yes Central Blvd - Military Trail 1,597 D .89 3.25% Yes Florida's Turnpike PGA Blvd - Okeechobee Blvd 70 E 1.05 .1% Yes As Table 5 indicates, the proposed maximum development also shows significant levels of impact on 2025 AADT link analysis for PGA Boulevard on the Ballenlsles Drive, and Central Boulevard segment. Furthermore, this segment does not meet LOS D standard in 2025. The maximum development also potentially increases 309 trips on the Fairway Drive/Ballenlsles 7 Meeting date: April 2,2009 Petition CPSS-07-08-00001 Ordinance 15,2009 Drive segment of PGA Boulevard, which is projected to fall below LOS standards. Table 5.2025 AADT LINK ANALYSIS Roadway Project LOS Existing Project Significant From - To Traffic Volume Impact on Impact /Capacity LOS PGA Boulevard Jog Road - Fairway Drive 235 D .85 .42% No Fairway Dr. - Ballenlsles Dr. 352 E 1.03 .63% No Ballenlsles Dr. - Central Blvd 1,950 E 1.06 3.47% Yes Central Blvd - Military Trail 1,597 D .89 2.85% No S Central Boulevard PGA Blvd - Hood Road 352 D .98 .63% No As shown on Table 6, the two-way peak hour traffic link analysis also demonstrates that two segments of PGA Boulevard, Ballenlsles Drive to Central Boulevard, and Central Boulevard to Military Trail are significantly impacted. Table 6. TWO-WAY PEAK-HOUR TRAFFIC LINK ANALYSIS Roadway LOS `E' New Trips Project Significant From - To Capacity AM PM Impact Impact PGA Boulevard Jog Road - Fairway Drive 3,270 34 32 1.04% No Fairway Dr. - Ballenlsles Dr. 4,920 51 49 1.04% No Ballenlsles Dr. - Central Blvd 4,920 281 269 5.71% Yes Central Blvd - Military Trail 4,920 230 220 4.67% Yes S Central Boulevard PGA Blvd - Hood Road 3,270 51 49 1.56% No As shown on Table 7, the potential increase of 1,950 daily trips due to the maximum development of the future land use change will bring the total projected traffic on the Ballenlsles Drive to Central Boulevard segment of PGA Boulevard to 51,999 trips. The number of projected trips is over the Level of Service (LOS) capacity set forth in the City's Comprehensive Plan, and therefore, the future land use change is inconsistent with the policies of the City's Comprehensive Plan. Table 7.2025 PROJECTED AADT BACKGROUND VOLUME WITH PROJECT IMPACT Roadway AADT Volume Project Daily Volume LOS From - To (Background) Impact (background plus project traffic PGA Boulevard Jog Road - Fairway Drive 41,360 235 41,566 D Fairway Dr. - Ballenlsles Dr. 50,290 352 50,599 E BallenIsles Dr. - Central Blvd 50,290 1,950 51,999 E Central Blvd - Military Trail 42,300 1,597 43,700 D S Central Boulevard PGA Blvd - Hood Road 47,940 352 48,249 D 8 Meeting date: April 2,2009 Petition CPSS-07-08-00001 Ordinance 15,2009 POTENTIAL IMPACT OF PROPOSED DEED RESTRICTION The applicant has proposed a deed restriction on the property, capping the intensity in order to limit the amount of potential trips. They are willing to cap the entitled intensity to one floor at the allowed lot coverage of 35%, which translates to 111,448 square-feet of general office. This additional intensity would create 1,087 new daily trips to PGA Boulevard. It would also result in 162 AM Peak Hour trips on the Ballenlsles Drive to Central Boulevard segment of PGA Boulevard. This impact is considered a significant impact to the City's existing level of service. Furthermore, the potential addition of 1,143 daily trips to the same segment of PGA Boulevard will have a 1.83 percent impact to a segment of road that is already projected to be over-capacity. Since this parcel is not included in the Forbearance Agreement (Resolution 59, 1999), the existing Constrained Roadway At Lower Levels of Service (CRALLS) designation does not apply to this parcel. The Forbearance Agreement established the present CRALLS designation on PGA Boulevard, while restricting development intensities and establishing a linkage plan to improve traffic circulation patterns. However, staff notes that this parcel does not have the opportunity to improve traffic circulation patterns, such as what was established by the Forbearance Agreement. Due to the traffic analysis and considering that PGA Boulevard already has a CRALLS designation, the proposed deed restriction fails to respond to traffic impacts generated by the land use change. Because the potential impact under the maximum intensity fails to meet level of service analysis (or concurrency standards), the applicant is proposing the use of deed restrictions in order to reduce the potential traffic impact to fall below a level of"de minimus" significance. However, this is inconsistent with Section 163.3180(6) F.S., Policy 1.2-n. of the Transportation Element of Palm Beach County's Comprehensive Plan, which states that "no project may utilize this provision if its impact would exceed the adopted level-of-service standard of any affected designated hurricane evacuation routes." The County has provisions regarding the use of "de minimus" impact and one of the provisions for qualifying for de minimus impact exception is that the impacted roadway is not a hurricane evacuation route. PGA Boulevard is designated as a hurricane evacuation route and, therefore, the parcel does not qualify for de minimus impact exception. LEVEL OF SERVICE ANALYSIS The Applicant has not demonstrated to the satisfaction of the City's traffic consultant and staff that the proposed land-use designation meets all of the level of service standards established in the City's Comprehensive Plan. Copies of the level of service analysis were forwarded to the City's Police, Fire and Community Service's Departments. The City's Fire and Police Departments have stated that the proposed future land use change will not negatively impact their levels of service. The Applicant has provided letters from Waste Management and Seacoast Utilities stating there are adequate capacities to service the proposed development at their respective adopted levels of service. The petitioner's analysis demonstrates that there will be no adverse impacts on water, sewer, solid waste, police and fire services; however, demand on these services will increase due to the 9 Meeting date: April 2,2009 Petition CPSS-07-08-00001 Ordinance 15,2009 land use change. The demand for sanitary sewer will double, and the demand for solid waste will increase five-fold. The petitioner's analysis demonstrates that there will be significant, adverse impacts on the adopted Level of Service (LOS) standards for traffic. In the County's review of the Comprehensive Plan Map Amendment, they expressed concern about the projected peak-hour traffic impacts on the congested Military Trail and PGA Boulevard intersection. Although the City has not adopted intersection LOS standards, the County's concern raises additional potential impacts. NEARBY LOCAL GOVERNMENT COMMENTS/OBJECTIONS The Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC) has reviewed the proposed amendment, and has raised no objections to date. Prior to the public hearing in August of 2008, staff received nearly four hundred letters in regard to the Comprehensive Plan Map amendment from residents of the Ballenlsles community and an objection letter from the Ballenlsles Community Association (BICA). The overwhelming majority of the residents' letters object to the subject petition. Because of the large number and variety of comments, staff will request to place in to the record a digital copy of all of the letters received to date at each public hearing. Staff has recently received an updated letter from the BICA representative, David Paulson, dated January 15, 2009 (please see attached), maintaining their position against the request and requesting that the application for the FLU change be denied. STAFF COMMENTS The proposed FLUM designation of Professional/Office is incompatible with the adjacent properties, with the City's Comprehensive Plan, and with the City's Vision Plan. The change in FLU will be a substantial increase in intensity, and it will create a significant impact on a segment of PGA that it is projected to fall below adopted LOS. The location of non-residential uses directly abutting residential uses provides an inappropriate transition, and the increased professional office intensity on this intersection will create a node of non-residential on both sides of Ballenlsles Drive. This intersection has historically been for residential traffic entering and exiting the Ballenlsles PCD. Furthermore, the proposed Professional Office use will require access off of Ballenlsles Drive for traffic making a left turn coming from the east, and traffic exiting the site going west (toward the Turnpike). The traffic statement indicates that the proposed change will result in an increase in the number of trips generated by the site, and it will create a significant impact on a segment of PGA that is projected to fall below adopted LOS. As demonstrated in the applicant's traffic analysis, the proposed maximum development potential of the land use change will have a significant impact on segments of roadways that are projected to fail the adopted LOS standard D. Furthermore, other segments and intersections that are close to falling below LOS D are significantly impacted by the FLUM amendment. 10 Meeting date: April 2,2009 Petition CPSS-07-08-00001 Ordinance 15,2009 The applicant has proposed a deed restriction on the property, capping the intensity in order to limit the amount of potential trips. Even with the deed restriction, the additional intensity would create 1,087 new daily trips to PGA Boulevard and would also result in 162 AM Peak Hour trips on the Ballenlsles Drive to Central Boulevard segment of PGA Boulevard, a segment of road that is already projected to be over-capacity. Due to the traffic analysis and considering that PGA Boulevard already has a CRALLS designation, the proposed deed restriction fails to respond to traffic impacts generated by the land use change. LOCAL PLANNING AGENCY On August 25, 2008, the Planning, Zoning and Appeals Board (PZAB), acting as the Local Planning Agency voted unanimously (7-0) to postpone the subject petition, as requested by the Applicant. On October 28, 2008, the Planning, Zoning, and Appeals Board, acting as the Local Planning Agency, voted unanimously (7-0) to postpone the subject petition to January 27, 2009, as requested by the Applicant. At the January 27, 2009, public hearing, the PZAB voted 5-2 to recommend approval of the Future Land Use amendment. Ms. Anne Booth, representing Ballenlsles Community, voiced the community's opposition to the conversion of the future land use decision without addressing the mitigation of impacts to the residents. She stated that the community is concerned about their quality of life, property values, safety, and aesthetic value of the BallenIsles entrance. Mr. David Paulson, president of the BallenIsles Community Association (BICA), reflected what he called the "will and majority of the residents strongly oppose the future land use change." He stated that approving the future land use will alter forever the entitlements, without any specifics on the true amount of impact that will occur. The board is concerned that the community access to PGA is heavily used, and will be negatively impacted by the traffic that a commercial node will create. The two dissenting voters on the PZAB expressed concern about the safety and capacity of Ballenlsles Drive. PZAB asked staff whether the future land use and impact of the combination of residential and non-residential traffic entering Ballenlsles would create a safety risk. Although a future land use change decision does not take into consideration intersection performance, or road safety evaluation, it became the primary traffic discussion at the PZAB meeting. The Applicant utilized data that was not contained in the Future Land Use Level of Service Analysis. Because these site plan issues were utilized by the Applicant to demonstrate impacts, staff is offering its own evaluation of the impacts that would normally be reviewed during a concurrency analysis. Staff notes that Ballenlsles Drive is not projected to fail in the future. The segments of road that fail in the future are along PGA Boulevard, which will be impacted by the addition of non- residential trips from the proposed future land use change. There is a direct relationship between increased traffic and the risk of traffic related accidents. The proposed future land use change potentially adds 308 AM peak hour trips, or five (5) cars per minute, which is almost double the current AM peak demand. 11 Meeting date: April 2,2009 Petition CPSS-07-08-00001 Ordinance 15,2009 The applicant demonstrated that the PGA Boulevard access is underutilized and is capable of becoming a commercial node. They compared the AM Peak hour traffic counts of the PGA Boulevard access with the traffic counts of the other two access points to the Ballenlsles community (one at Northlake Boulevard and one at Military Trail). The applicant stated that the Military Trail access is used twice as much as the PGA Boulevard access to the Ballenlsles community. However, staff is able to demonstrate that all three access drives have equivalent numbers of daily trips, and there is a traffic pattern reason why the Military Trail access shows twice as many AM Peak Hour trips as the PGA access. Please see Table 8, containing all of the pertinent traffic count information obtained from Palm Beach County intersection data. Table 8. Existing Traffic Counts at the Three Access Points in Ballenlsles INTERSECTION PEAK HOUR DAILY gg .{yy �,}�' ? N � ' e M 1 3 �, 4tkk,�R ' r„1 8 ON'`C F ,—Y3 € 3� 33 ,''bt ,�pC 3 .B 3�ilA,( FF' F\ �W� !h 9 ,� ■36-', '.''''a, ' ,' �,. 3 411 4,1,,:.7S. K-�'°,,,- '11' ,,++� 33 _tic°�''�1 3 PGA Boulevard& Morning 71 55 3723 1223 37985 Ballenlsles Drive Afternoon 67 90 Nolrthlake Morning° it 5 4 „w,-,-,.- N #six ,r„ �/� \ i� 'a a, +r 3r 4x a\ Boulevard �� 2 146il 74 Balenlsles,Drive " A�rnP 9 , t kc Military Trail& Morning 143 142 2851 1106 31785 Gardenia Drive Afternoon 175 77 Staff notes that the Ballenlsles community encourages their work staff to utilize the PGA access and their peak hour is not the typical peak hour that is utilized. The workers arrive after the residents leave in the mornings, and leave Ballenlsles prior to the typical P.M rush hour. Furthermore, the amount of stacking that occurs during this time is more excessive because the amount of time required checking the workers in at the guardhouse. The number of trips existing at the PGA Boulevard access throughout the entire day is actually higher that the Military Trail access, supporting the fact that the PGA Boulevard access has two different peak hours. These numbers do not include the impact of the Ballenlsles East outparcel, and the proposed west outparcel together. The magnitude of having both parcels as non-residential will negatively impact the intersection that serves as the main entrance to the Old Palm and Ballenlsles communities, as well as commuters utilizing the Turnpike to reach their place of employment along PGA Boulevard. The addition of the peak hour trips of the west outparcel alone will push the total peak hour traffic at the intersection over 4,000 trips, or 66 cars per minute. STAFF RECOMMENDATION Staff recommends DENIAL of the proposed future land use amendment. If the City Council votes for approval, staff recommends the adoption of Ordinance 15, 2009, which contains the applicant's proposed deed restriction notation on Future Land Use Map. 12 Cotleur& Hearing July 31, 2007 Ballenisles West Outparcel Justification Statement and Description Small-Scale Future Land Use Plan Map Amendment INTRODUCTION/OVERVIEW: Introduction: E. W. Outparcel, LLC., (the Applicant) is requesting approval of a future land use plan amendment for a 7.31 acre property located on the southwest corner of the intersection of PGA Boulevard and Ballenisles Drive. The subject property is vacant and undeveloped and is located within the municipal limits of the City of Palm Beach Gardens. The Palm Beach Gardens Future Land Use map reflects a RL-Residential Low land use designation for the subject property. A Comprehensive Land Use Plan Map Amendment to the P0-Professional Office land use plan designation is being proposed. The proposed modification is consistent with surrounding development patterns, and is suitable given this property's location adjacent to both PGA Boulevard and nearby Florida Turnpike. The application for a Future Land Use Plan Amendment is included in Tab 1 of the application binder, and the required application fee is located in the front pocket. Project Contact: All correspondence in connection with this request should be directed to the Agent for the applicant: Cotleur & Hearing Inc. Jan Poison Cotleur & Hearing 1934 Commerce Lane Suite 1 Jupiter, Florida 33458 Phone: (561) 747-6336 Ext. 112 Fax: (561) 747- 1377 Email: iDolson@ cotleur-hearing.com Cotleur&Hearing 1834 Commerce Lane Suite 1 Jupiter,Florida 33458 581.74748338 Fax 747-1377 Ballenisles West Outparcel -2- Small-Scale FLUM Amendment Submitted:July 31,2007 MAPS: The requested maps have been provided and are located under Tab 5 in the application binder. A location map and future land use map have been included. No additional maps are required, as the property has not been excluded from the Comprehensive Plan analysis, and therefore, no maps need to be updated, with the exception of the Future Land Use Plan. REPORTS: 1. Size of Site The subject property is approximately 7.31-acres in size. A copy of a signed and sealed survey of the subject property, identifying the total land area is included within the application binder, and is located in the back pocket. 2. Existing Land Uses The current existing land use of the subject property is primarily vacant. Existing land uses on surrounding properties are identified below: North: Old Palm Golf Club PCD South: Ballenisles Golf Course East: Maintenance Facility West: Vacant parcel An aerial map identifying surrounding land uses is located under Tab 5 of this submittal package. A future land use plan, identifying surrounding land use designations, and zoning designations, is included under Tab 5 of the application binder. 3. Project Narrative — Development Potentials The current Future Land Use designation for the subject property is Residential Low. The Residential Low land use category allows for the development of a maximum of 4 units per acre. Given the size of the site, the Applicant could reasonably develop approximately 29-units on the subject site, under its current land use classification. The applicant is proposing to amend the Future Land Use designation to P0-Professional Office which would allow a maximum of 111,448 square foot of office building square footage. The applicant will seek approval of a rezoning to the appropriate zoning district in the future. The proposed development and intensity is consistent with surrounding developments, and is appropriate given the sites location adjacent to two heavily traveled roadways — PGA Boulevard and the nearby Florida r Hearing 1934 934 Commerce Lane,Site 1 Jupiter,Florida 33458 561 747 6336 Fax 747 1377 Ballenisles West Outparcel -3- Small-Scale FLUM Amendment Submitted:July 31,2007 Turnpike. A copy of the future land use map of the subject site, and surrounding sites, is included herein. 4. Justification Statement Project Statement The proposed land use amendment is being requested in order to develop the subject property in a manner consistent with surrounding uses and intensities, and in order to present the City of Palm Beach Gardens with a future project that will help to fill the need for professional office/commercial demands within the City. The location adjacent to PGA Boulevard, and within a short distance to the Florida Turnpike interchange, makes the subject site ideal for professional/commercial development, as it is easily accessible and is within close proximity to meet the needs of the nearby residential areas. Impacts on Facilities and Services The proposed land use amendment and subsequent development of the subject property will not have any significant impacts on local public facilities or the delivery of City services. The information completed as part of the Public Facilities Analysis, included within this application package, further identifies that the proposed project is acceptable from the perspective of public facilities. Consistency with City Policies The proposed land use amendment is consistent with the accepted policies of the City of Palm Beach Gardens. Furthermore, the proposed land use amendment is consistent with the goals, policies and objectives outlined within the City's Comprehensive Plan. This is detailed further under number 16 below. 5. Public Facilities Analysis The proposed development of the subject property has been analyzed with respect to its impact on the established level of service standards for sanitary sewer, potable water, traffic circulation, solid waste, drainage and recreation and open space. Sanitary Sewer Please refer to sewer analysis for further information as completed by Keshavarez & Associates, Inc., and is included herein, under Tab 8 of the application binder. Potable Water Please refer to potable water analysis for further information as completed by Keshavarez & Associates, Inc. and is included herein, under Tab 8 of the application binder. r Hearing 1934 934 Commerce Lane,SuMe 1 JupNter,Florida 33458 541 7476336 fax 747 1377 Ballenisles West Outparcel -4- Small-Scale FLUM Amendment Submitted:July 31,2007 Traffic Circulation Please refer to traffic analysis for further information as completed by Kimley- Horn & Associates, Inc. and is included herein, under Tab 7 of the application binder. Solid Waste Please refer to solid waste analysis for further information as completed by Keshavarez & Associates, Inc. and is included herein, under Tab 8 of the application binder. Drainage A Drainage Analysis was completed for the subject project by Keshavarez & Associates, Inc. and it is included in Tab 8 of the application binder. Recreation and Open Space An analysis is not required as this request is related to a non-residential amendment. 6. Character Analysis The maps of the subject property, included under Tab 5, help to visually identify the suitability of this site for the proposed development program. The soils are suitable for development, the topography is appropriate for development, and there are no natural or historic resources which would be adversely impacted by the proposed development of the subject property. 7. Population Projections An analysis is not required as this request is related to a non-residential amendment. 8. Housing Needs Analysis An analysis is not required as this request is related to a non-residential amendment. 9. Hurricane Evacuation Analysis An analysis is not required as this request is related to a non-residential amendment. 10. Beach Accessibility This proposed Future Land Use Map Amendment does not affect beach accessibility, as the subject property is not located along the waterfront. 11. Endangered Species The subject property does not contain any habitat for species listed by federal, state or local agencies as endangered, threatened or of special concern. A copy Cotleur Hearing 1934 Commerce Lone,Suite 1 Jipller,Florida 33458 561 747 6336 Fax 747 1377 Ballenisles West Outparcel -5- Small-Scale FLUM Amendment Submitted:July 31,2007 of the Environmental Analysis Reports, completed for the subject site, are included under Tab 6 of the application binder. 12. Local Governments The applicant does not anticipate that any adjacent / surrounding local governments will be impacted by the proposed amendment. The subject property is bounded on all sides by City of Palm Beach Gardens properties. 13/14.Capital Improvements Analysis The proposed FLUM Amendment is not based on the annual monitoring and evaluation review of the Capital Improvement Element of the Comprehensive Plan. The application will not have a significant impact on the City's capital improvements program, including public facility needs and ability to finance capital improvements. 15. Market Study A market study was not prepared for this proposed amendment to the P0- Professional Office land use designation. 16. Future Land Use Element Compatibility The proposed future land use amendment is compatible, and consistent, with a number of goals, objectives and policies within the City of Palm Beach Gardens Comprehensive Plan. The following section defines the specific goals, objectives and policies, and identifies how this proposal is consistent with, and furthers, the defined goal. Future Land Use Element Objective 1.1.3.: Development orders and permits for development and redevelopment activities shall be issued only in those areas where suitable topography and soil conditions exist to support such development. The proposed future land use amendment relates to the development of a site that has suitable topography and soil conditions to support the proposed development, under the proposed PO — Professional Office guidelines. Environmental reports were completed for both parcels included in the subject site and identify that the property has suitable soil for the proposed development. Please refer to Environmental Analyses included in Tab 6. Policy 1.1.2.6.: The developer/owner of any site shall be responsible for the management of run-off consistent with the goals, objectives, and polices of the Stormwater Management Sub-Element of this Comprehensive Plan. ■ Cotleur Hearing 19393 Commerce Lane,SUte 1 Jupiter,Floddo 33458 561 747 6336 Fax 747 1377 Ballenisles West Outparcel -6- Small-Scale FLUM Amendment Submitted:July 31,2007 The site was previously permitted by JDM Country Club (Ballenisles Country Club). The Master Stormwater Management System for Ballenisles provides water quality treatment and stormwater attenuation for this project consistent with the Stormwater Management Sub-Element of this Comprehensive Plan. Policy 1.1.3.2.: All proposed development shall be located in a manner such that the natural topographic features of the site are not adversely altered so as to negatively affect the drainage of neighboring properties or visual aesthetics of the area. The requested modification to the PO - Professional Office future land use designation will allow for the development of the site without the creation of any negative drainage or visual impacts. The site was previously permitted by JDM Country Club (Ballenisles Country Club). The Master Stormwater Management System for Ballenisles provides water quality treatment and stormwater attenuation for this project. Existing vegetation exists at the southeast corner of the site and will be incorporated if possible into the site design of any future development. Objective 1.1.4.: Development orders and permits for development and redevelopment activities shall be issued only in areas where public facilities necessary to meet the level of service standards are available concurrent with the impacts of development. Under the guidelines set forth for a PO-Professional Office property, the proposed development will continue to maintain the approved level of service standards. Goal 1.1.5.: Future growth, development and redevelopment shall be directed to areas depicted on the Future Land Use Map, consistent with: sound planning principles; minimal natural limitations; the goals, objectives, and policies contained within this Comprehensive Plan; and the desired community character. The Palm Beach Gardens Future Land Use maps designate the subject site as having a RL-Residential land use designations However, the property is better suited for non-resdential use as it is located on the southwest corner of the intersection of PGA Boulevard and Balleniles Drive. The proposed land use change complies with sound planning principles by abandoning the residential land use and allowing a more appropriate use to provide services to the many nearby residents. The land use amendment is a result of the City Councils direction to diversify the City's economic tax base by planning for a more sustainable economic climate. A more diversified and sustainable economy is part of Commerce r Hearing 1934 934 Commerce Lane,Stile 1 Jtpller,Flalda 33458 561 747 6336 Fax 747 1377 Ballenisles West Outparcel -7- Small-Scale FLUM Amendment Submitted:July 31,2007 the City's desired community character. In creating this economic climate, the City will be able to better maintain its existing services and facilities, while not depending so heavily on property tax increases to provide for the consistent delivery of quality services. The proposed land use amendment presents the City of Palm Beach Gardens with a project that will help to fill the growing professional office demands within the City without adversely affecting existing conservation areas as there are none existing on or adjacent to the propose site. The proposed Land use amendment could also support the future goals of providing additional land area for the future biotech and related uses as required in the Scripps agreement to locate in northern Palm Beach County. Economic Development Element Goal 13.1.: The economic goal of the City of Palm Beach Gardens is to achieve a balance and diversified economy which is compatible with the City's quality built environment and protects important natural resources. On January 6, 2005 the City Council adopted the Economic Development Element. The Element signals the City's commitment to successful economic development. The goal of the Economic Element is to achieve a balanced and diversified economy compatible with the built environment, The proposed land use map change will advance this goal by allowing professional offices on one of the last remaining vacant sites in this area that is available and appropriate for professional office uses. Currently the City has a high percentage of residential uses and is in need of those lands uses recognized by the Economic Development Element that will provide value added employment. The land use map change will provide the opportunity to realize the goal of economic stability by providing the ability to develop those uses that are economic generators. Policy 13.1.1.4.: The City shall allocate adequate commercial, industrial, and residential acreage through mechanisms such as zoning and land use plans to meet the future needs of a diversified economy. The availability of sites within the City that can currently accommodate these listed uses including professional office is limited. The proposed land use amendment will attract professional offices to meet the future needs to provide a diversified economy. Public Safety Element Objective 10.1.1: The City shall continue to promote alternative funding methods to ensure that new development pays its proportionate share of the cost of providing public safety facilities, equipment and land necessitated by development. ■ 4 Hearing 19393 Commerce Commerce Lore,Site 1 Jupiter,FIO1tla 33458 561 747 6336 fox 747 1377 Ballenisles West Outparcel -8- Small-Scale FLUM Amendment Submitted:July 31,2007 The proposed development will be subject to any fees associated with the impacts that it will have on the City of Palm Beach Gardens. Though payment of the fees, the applicant is contributing to sustaining public safety facilities and equipment, Policy 10.1.1.1.: The City prefers the use of police and fire impact fees as the method to more equitably distribute the costs for public safety services. The applicant will pay impact fees under the PO land use designation. Therefore, contributing more monies directly to the City's funds for public safety services, than if paid for the twenty nine (29) units allowed under the RL land use designation. 17. Comprehensive Plan Analysis The proposed future land use plan map amendment will have no adverse impacts on the City of Palm Beach Gardens Comprehensive Plan. The proposed land use amendment is consistent with the applicable goals, policies and objectives of the plan, and is in no way contradictory with any of the plan elements. 18. Prior Development Approvals There is no prior development approval for the subject site. 19. Evaluation and Appraisal Report The City's Evaluation and Appraisal Report is due in December 2007 and will assess the City's progress in implementing their Comprehensive Plan. A list of major issues to be evaluated in the EAR is currently being drafted by the Growth Management Department of the City of Palm Beach Gardens. The preliminary EAR issues have been reviewed and are not generally applicable to the subject project. 20. Consistency of the Local Comprehensive Plan with the State Comprehensive Plan The City of Palm Beach Gardens has an approved Comprehensive Plan which was prepared to be consistent with the Strategic Regional Plan and State Comprehensive Plan. Consistency with the plans is defined as being compatible and furthering the goals and policies of the regional and state plans. Hearing 1934 934 Commerce unerce Lane,Slue 1 JLplter,Florida 33458 561 747 6336 Fax 747 1377 Ballenisles West Outparcel -9- Small-Scale FLUM Amendment Submitted:July 31,2007 MISCELLANEOUS: 1. Survey / Plat A copy of the certified legal survey of this property are included in the back pocket of the application binder. 2. Consent and Ownership Confirmation- Please refer to Tab 3 for a copy of the warranty deeds for the subject site, as well as a statement of the applicant's interest in the property and written consent of all owners of the subject property. CONCLUSION: The Applicant is requesting approval of a small scale future land use amendment, in order to provide future P0-Professional Offices for existing and future residents of the City of Palm Beach Gardens. The applicant is proposing to modify the land use designation of the subject property from RL — Residential Low to P0-Professional Office. The subject property is located adjacent to PGA Boulevard and near the Florida Turnpike. These thoroughfares add significant value to Palm Beach Gardens, Palm Beach County and other neighboring municipalities. The easy accessibility to the site, as well as its convenient location makes it an ideal location for further professional office development. A majority of professional office space located within the Gardens is located further east. Professional office is needed to provide services to the residents located in the western vicinity. The proposed use for the site as a professional office is consistent with surrounding uses and intensities of development. The Applicant looks forward to receiving staff comments related to this request. 1934 934 Commerce Hearing Canmerce lore,stile 1 Jipller,Flakia 33458 561 747 6336 Fax 747 1377 '''---1 .-10% Marsh arsh Rd si) .' \ Ettlal ot\C‘ --I/‘ Hood Rd . „,-,:-.,..,......... ' -- rn \ I E 43 /-__ 1 ')1 e*- .,. - E.. 1 i5 --, ----__o s 1 I mg 5 1 /I 1 ra , , , I _v ta. , Linden Ave ,....„,. . 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'",:-..,4;!::.,:::-:-i4;:i'47°,11.: Iti,,,'<,',4■Okr:fa-.."--4ti-ii,\,; ."" ,,'It-'7-:-",;'...„. ..-- ' ,..-iic ."..,, -1.!. -,7-: ': - PROFESSIONAL OFFICE '' �;a - � . h .e x� , l_egend ;_.,-i PARCEL 0 FLUM Map Concur & Hearing Ba11en 1s1es Outparcel 1934 Commerce Lane 1 inch equals 200 feet sum, Palm Beach Gard?ns, Florida Jupiter,FL 33458 Map Document:.(F.WCMap Prgecls\03-0012 @ALLEN ISLES OUTPARCELWEI L.mxd) Phone:581-747.6336 B✓2712007—1011 08 AM Fax 561-747-1377 II IT l . TRAFFIC ANALYSIS FOR COMPREHENSIVE PLAN AMENDMENT . BALLEN ISLES OUTPARCEL PALM BEACH COUNTY, FL Prepared for: John C. Bills Enterprises, Inc. Palm Beach Gardens, FL 144155001 July 2007 Revised August 2007 Revised November 2007 Revised February 2008 Revised April 2008 ®Kimley-Hom and Associates,Inc. CA Number 000006% 1690 South Congress Avenue,Suite 100 Delray Beach,Florida 33445 561/330-2345 TEL 561/330-2245 FAX ►.,.i a� Inc. APR 17 200 Associates, � F1m Kimley-Hom and Associates,Inc. TRAFFIC ANALYSIS FOR COMPREHENSIVE PLAN AMENDMENT BALLEN ISLES OUTPARCEL PALM BEACH COUNTY, FL Prepared for: John C. Bills Enterprises, Inc. Palm Beach Gardens, FL [44155001 July 2007 Revised August 2007 Revised November 2007 Revised February 2008 Revised April 2008 ©Kimley-Horn and Associates,Inc. CA Number 000006% 1690 South Congress Avenue,Suite 100 Delray Beach,Florida 33445 561/330-2345 TEL 561/330-2245 FAX Adam B.Kerr,P.E. Florida Registration Number 64773 p4,ol/05 I • { TABLE OF CONTENTS SECTION PAGE INTRODUCTION 1 INVENTORY AND PLANNING DATA 3 Inventory 3 Planning Data 3 PROJECT TRAFFIC 5 Trip Generation 5 Traffic Distribution 9 BACKGROUND TRAFFIC 11 Existing(Year 2007) 11 Short Range(Year 2012) 11 Long-Range(Year 2025) 12 ASSURED AND PROGRAMMED CONSTRUCTION 13 ROADWAY EVALUATION 14 Level of Service 14 Year 2007 15 Year 2012 19 Year 2025 25 CONCLUSION 29 APPENDIX Following page 29 Appendix A—Existing Count Data Appendix B—FDOT Factors Appendix C—2025 MPO Volumes • 144155001—Ballen Isles Outparcel Comp Plan ThaBlc Analysis—Revised April 1,2008 Page i LIST OF TABLES Table No. Title Page 1 Land Use Petition Summary 4 2-A Trip Generation @ Maximum FAR(one floor) 6 2-B Trip Generation @ Maximum FAR(two floors) 7 2-C Trip Generation @ Typical FAR 8 3-A 2007 AADT Link Analysis @ Maximum FAR(one floor) 16 3-B 2007 AADT Link Analysis®Maximum FAR(two floors) 17 3-C 2007 AADT Link Analysis @ Typical FAR 18 4-A Test II Two-Way Peak Hour Traffic Link Analysis @ Maximum FAR(one floor) 20 • 4-B Test II Two-Way Peak Hour Traffic Link Analysis @ Maximum FAR(two floors) 21 4-C Test II Two-Way Peak Hour Traffic Link Analysis—Expanded @ Maximum FAR(one floor) 22 4-13 Test II Two-Way Peak Hour Traffic Link Analysis-Expanded ®Maximum FAR(two floors) 23 4-E Test II Two-Way Peak Hour Traffic Link Analysis @ Typical FAR 24 5-A 2025 AADT Link Analysis @ Maximum FAR(one floor) 26 5-B 2025 AADT Link Analysis @ Maximum FAR(two floors) 27 5-C 2025 AADT Link Analysis @ Typical FAR 28 144155001—BaIlen Isles Oulparcel Comp Plan Traffic Analysis—Revised April 1,2008 Page ii LIST OF FIGURES Figure No Title Page 1 Site Location Map 2 2 Project Traffic Assignment 10 144155001—Ballen Isles Oulparcel Comp Plan 1 rafc Analysis—Revised April 1,2008 Page iii { 1 INTRODUCTION A Comprehensive Plan Land Use Amendment is proposed for a 7.31-acre parcel of land located on the south side of PGA Boulevard,just west of Ballen Isles Drive in the City of Palm Beach Gardens,Florida. The 7.31-acre parcel has a current land use designation of Residential Low (RL). A land use change from the current RL designation requiring a comprehensive plan amendment is being requested to allow a Professional Office (PO)land use designation. The intensities for RL and PO are based on Single Family Detached Residential(1TB 210) and General Office(ITB 710),respectively. The trip generation rates used in the analysis are consistent with Palm Beach County published rates. The location of the site is illustrated in Figure 1. Kimley-Horn and Associates, Inc. was retained to prepare a Comprehensive Plan Land Use Amendment traffic analysis for the subject property. This document presents the methodology used and findings from the analysis. The data used in the analysis are the most current data available from Palm Beach County. The traffic impact analysis was conducted in accordance with the requirements of Palm Beach County's Future Land Use Atlas Amendment Application for 2007. 144155001—Ballen Isles Oulparcel Comp Plan Traffic fic Analysis—Revised April I,2008 Page 1 • 44000 RD. I 8114 ALT. I IfI 1 I d C x S \III1 LS • RCA PGA BLVD. 1 BLVD. N SITE! 3 BURNS RD. Al CIP N ii ai 1 I —r INVESTMENT LN. . 1 \\\,... 6 1: O z 1 1 . ^-� EAST AND AVE.ISL J r--- 4555555ssscss,. 41") . NCRTNLAKE BLVD. . • /— <' i . FIGURE 1 ) ' BALLENISLES SITE LOCATION MAP lHcrn NOT TO SCALE ��� andlAAssstociates,Inc. 144155001 10,0coJ PTO\1441\56o0IVApov.ettumcs-pUip.4ry FIO-I Fib 06.1006 it;20wn bx molt.Mnon 1 INVENTORY AND PLANNING DATA Inventory Data The data used in this analysis were obtained from Palm Beach County and are included in the Appendix. This data included: { • 2007 24 hour traffic volumes • Historic traffic count data • 2025 MPO FSUTMS Model Data • (FDOT)"2006 Peak Season Factor Category Report" Planning Data Development density for the approved land use designation was determined as specified by the Future Land Use Atlas Amendment requirements.The current land use designation is RL, with a maximum development intensity based on rates for Single Family Detached Residential(ITE 210). It is proposed to change the land use to allow for PO,with a maximum development intensity based on rates for General Office(1' E 710). The proposed land use designation was analyzed for the site at a maximum allowable development of 35% lot coverage in both one-story and two- story scenarios. A typical allowable development of 22% lot coverage was also analyzed.Table 1 summarizes the following: • Current future land use designation and resulting development densities. • Typical and Maximum allowable development potentials 144155001—Ballen Isles O4oarcel Comp Plan rra,Blc Analysts—Revised April 1,2008 Page 3 TABLE 1 BALLEN ISLES OUTPARCEL COMPREHENSIVE PLAN AMENDMENT • 1�;r�tGG LAND USE PETITION SUMMARY f��:it'�k,F":;�;i;°fii{..f.:'y,wyt..�, .�!§,. '::t-?°Ii' u� 'i,aua�rt :} n�•d:�1' a'`(;' ��'• (ai 'flc t�`<F�l;t I,I'.f�`. h� u' a nfi1�c'.'; 1t titirt'it+ °f ilitr ti ki '!•� r�'- aNl' rir j,F t i- - �r'j}, rFj��• (,�-y< I 4,, rgiriiiii€ {E �'t fp.t'q 7f,Sy�i'+1 4` F'�e Eui h-iii':F_ i.. } '' d ^ Flit! Jt �_fi� C+�..1/�1.... .. ' .f♦ _t.. .•F..� . t� 4 4 ri .r�Z . w, ed ti u, tr �[ 9 b t _ �S ..:. � ..It.�f f.� . .>: :.•.,�' .�i.F�, t•.Lr.l, i.a.�.z'{„t';...<;1s.._-. .� 2.tsX t1.. i.. Sr.. .. ,lfti . 1hh.:d ....�. {-S .. Land Use Current Acres Maximum Designation Density Yield Light Residential • RL 7.310 4 d.u./acre 29 d.u. ":;M:� jl:'1��"Y f 3�'F'�1� 'ti'"-.lfMl�`r,• t' ,rb - ':�fr -dC �:�r; 1 F;�-Y •�t ;>��. � t �h .. tt' Y� t „1 ;r. n.;r°Sj; { y•Pi'a- 't•.r a :.,nf;*, 3 ,CtuJ�IVy ' ..ifR '1' 1 v' .Ft. ' u,( rtttLi � .�t',t. 4 ,G�iti 4 ;: t,� r ¢ .tt� ;a T 1 r OlL�py t air:Pa'..a ;;} Ii I - . .. ., ..7q•1. -n?.:'3F11 ,i':Lir ii!It t.N..>•'.7.c. Q•,n.. ;i, a t I F - `' f r.14; 'r. :t i.. v�-.t'. .i.jevC.itk?:A:".,y'f.� t;,ur ° rtF•11: •.v..�'d. :.i1 .tK:, . ... .-. re. .. .• Land Use Proposed Acres Maximum Desi:nation Covera:e Yield General Office LO 7.310 35% 111,448 s.f. r'!'"41;4 ...:4 (( !'t t;;g.;`}Ili t.•�-'4111i/ w,ii7; > n.ty F•17A _ , ,.,�,--, 7 t-'.; a;,y_R?: ;'�.,.t,. ,,rt ...,`a_ r}'. I f',1+' :i„,, !„,,,ke,,, s - ref,. u+ 9t :J:ii iil.a,:.: :- J,s •�.:{i )te�F t ti 1�<�y.:.,d'i`� t ,I ;S ''SJ1. 41V :7?fit, ' 11 �. !-,',' .J., ,rl-:yt'.YYt !a d� ?.'" • is i. ....r .� �.... ., v J::.,.. ... n:4'w'f.�...!'�if rvf: :IB.s'"la M3fi... I,t 1.1 n.}..F r.. :I:if,'.{'.A'F'C. ffit;,:: ''.;,'.!l...k.�.k. ...r {�(Ii 9 .. 4 Land Use Proposed Acres Maximum Desi a t anon Cove • ,e Yield General Office LO 7.310 35% 222,896 s.f. .: ' 1 u 1,7 ziIKa „ 5 t e r nt i RrT 1,lt i M ,a Y?R,; P} 1, ` l F ”iPtfi`-T-w, F !.,rt. -n . ,,_ a o i i•k'.-.A,pJ.m.I I;; y :,j 1 .. h sl r 4. N F r s :,- e s •:. t i-e 1 1,d # � r • d, < t a tt! t�i t - I.c T; t' ,. .' .r. * ! , -.-., :: .> 'F.� J 1:a i. 't+}^7f 'Ffi �0,:u _ yx?tlr04,,kM t 0�{ ', Land Use Proposed Acres Restricted Desi a I ation Covera:e Yield General Office LO 7.310 70,053 s.f. Notes: lk.i�T1 and Assodalest Inc. k:Ibcd tpto1144115500111'anuary 2008 updatel[020608 lupa(repaired)xls]luse tablet 2/14/2008 10:14 PROJECT TRAFFIC Trip Generation The trip generation potentials for the current land use designation and proposed future land use development were developed based on the trip generation rates published by Palm Beach County. Tables 2-A through 2-C summarize the trip generation comparison of the proposed future land use development compared with the current land use designation for the maximum and typical allowable development scenarios. The trip generation potential for the proposed future land use is greater than the trip generation associated with the existing land use for both the maximum and typical land use developments. The radius of development influence(as specified in the Palm Beach County Future Land Use Atlas Amendment Traffic Circulation Element) was based on the net trip increase. Based on a maximum net trip increase of 2,059 trips per day,the radius of influence is one mile from the site access. 144155001-Ballen Isles Oulparcel Comp Plan Traffic Analysts—Revlseit April 1,2008 Page 5 TABLE 2-A BALLEN ISLES OUTPARCEL COMPREHENSIVE PLAN AMENDMENT TRIP GENERATION®PROPOSED MAXIMUM LAND USE DEVELOPMENT-ONE FLOOR Land Use Intensity Daily AM Peak Hour PM Peak Hour Trips Total In Out Total In Out lodstine Land Use Single Family Detached 29 d.u. 290 30 7 23 35 22 13 Subtotal 290 30 7 23 35 22 13 Net Total 290 30 7 23 35 22 13 Proposed Future Land Use General Office 111,448 s.f. 1,450 205 180 25 204 35 169 • Subtotal 1,450 205 180 25 204 35 169 Pass-By Capture General Office 5.00% 73 10 9 1 10 2 8 Subtotal 73 10 9 1 10 2 8 Net Total Proposed Future Land Use 1,377 195 171 24 194 33 161 Net Trip Increase(Change in Land Uses) 1,087 165 164 1 159 11 148 Trip generation was calculated using the following data Daily Traffic Generation Single Family Detached (P.B.C.] T 10 trips per d.u. General Office [P.B.C.] - Ln(T)-0.77 Ln(X)+3.65 AM Peak Hour Traffic Generation Single Family Detached [P.B.C.] - T-0.70(X)+9.43;(25%in,75%out) General Office [P.B.C.] - Ln(T)-0.80 Ln(X)+1.55;(88%in,12%out) PM Peak Hour Traffic Generation Single Family Detached [P.B.C.] - Ln(T)=0.90 Ln(X)+0.53;(63%in,37%out) General Office [P.B.C.) - Lit(T)=0.74 Ln(X)+1.83;(17%in,83%out) Pass-By Capture General Office [P.B.C.] - 5% Notes: P.1-,1 Kimley-Hoot klbat1proltl11u w 3001Veo y2008 rpdalet(020608_1epa risitaen•inas•Moor and Associates,Inc, 2/60200e 5:33 1 TABLE 2-B I BALLEN ISLES OUTPARCEL 1 COMPREHENSIVE PLAN AMENDMENT j 1 TRIP GENERATION @ PROPOSED MAXIMUM LAND USE DEVELOPMENT-TWO FLOORS Land Use Intensity Daily AM Peak Hour PM Peak Ho ur Trips Total In Ont Total In Ont xistlne Land Use Single Family Detached 29 d.u. 290 30 7 23 35 22 13 Subtotal 290 30 7 23 35 22 13 ' Net Total 290 30 7 23 35 22 13 Proposed Future Land Use General Office 222,896 s.f. 2,473 356 313 43 341 58 283 Subtotal 2,473 356 313 43 341 58 283 Pass-By Capture General Office 5.00% 124 18 16 2 17 3 14 •I Subtotal 124 18 16 2 17 3 14 Net Total Proposed Future Land Use ,2,349 338 297 41 324 55 269 Net Trip Increase(Change in Land Uses) 2,059 308 290 18 289 33 256 Trip generation was calculated using the following data: Daily Traffic Generation Single Family Detached [P.B.C.] - T-10 trips per d.u. General Office [P.B.C.] - Ln(T)—0.77 Ln(X)+3.65 AM Peak Hour Traffic Generation Single Family Detached [P.B.C.] - T—0.70(X)+9.43;(25%in,75%out) General Office [P.B.C.] = Ln(T)-0.80 Ln(X)+1.55;(88%in,12%out) PM Peak Hour Traffic Generation Single Family Detached [P.B.C.] - Ln(T)=0.90 Ln(X)+0.53;(63%in,37%out) General Office (P.B.C.] = Ln(T)-0.74 Ln(X)+1.83;(17%in,83%out) Pass-By Capture • General Office [P.B.C.] - 5% Notes: a_r1 KIttIIey-Hom d and Associates,Inc.ktbe_ryov4 tSSOOyararyr08udare�llosos_lp hl ownea. 2/64008$03.1 TABLE 2-C BALLEN ISLES OUTPARCEL COMPREHENSIVE PLAN AMENDMENT TRIP GENERATION®PROPOSED TYPICAL LAND USE DEVELOPMENT Land Use Intensity Daily AM Peak Hour PM Peak Hour Trips Total In Out Total In Out Existine Land Usc Single Family Detached 29 d.u. 290 30 7 23 35 22 13 Subtotal 290 30 7 23 35 22 13 Net Total 290 30 7 23 35 22 13 Proposed Future Land Use General Office 70,053 s.f. 1,014 141 124 17 145 25 120 _ Subtotal 1,014 141 124 17 145 25 120 Pass-By Capture General Office 5.00% 51 7 _ 6 1 7 1 6 •I Subtotal 51 7 6 1 7 l 6 Net Total Proposed Future Land Use 963 134 118 16 138 24 114 Net Trip Increase(Change In Land Uses) 673 104 111 (7) 103 2 .101 Trip generation was calculated using the following data: Daily Traffic Generation Single Family Detached (P.B.C.) - T=10 trips per d.u. General Office [P.B.C.] Ln(T)=0.77 Ln(X)+3.65 AM Peak flour Traffic Generation Single Family Detached IP.B.C.) = T-0.70(X)+9.43;(25%in,75%out) Oeneal Office [P.B.C.] — Ln(1)-0-1301n(30+1.55;(88%in,12%out) PM Peak Hour Traffic Generation Single Family Detached [P.B.C.] - Ln(T)-0.90 In(X)+0.53;(63%in,37%out) General Office [P.B.C.] = Ln(1)-0.74 Ln(X)+1.83;(17%in,83%out) Pass-By Capture General Office (P.B.C.) - 5% • Notes: � _� IGmleyHom and Associates,Inc. kwcd Ipwv44l tssao/yanuery 2008 updoiel(020d08 1apa.xisPro wm 2/6'30089.93 1 • Traffic Distribution The external traffic distribution was determined by a review of the roadway network and its travel time characteristics. The distribution, by general direction, is summarized below: NORTH - 17% SOUTH - 5% EAST - 68% WEST - 10% The distributed external trips for the project were assigned to the roadway links within the radius of influence based on the additional impacts from the proposed land use amendment. The assignment is illustrated in Figure 2. 144155001—Ballen Isles Outparcel Comp Plan Traffic Analysis—Revised April 1,2008 Page 9 HOOD RD. ■ 811 1 I • ALT.0 & ,....1X) NU No . o N 1 I m 0 \11 1 ,,,,,11,,....,,iie- . • RCA 10% 10% 15% 83% PGA BLVD. 68% RCA j1 8V0 L_..I b1 SITE 1t . i° 0 M \IK\ 4E11 BURNS RD. gli 0 g 3 m ' -r -...., INVESTMENT IN. g 6 Q EAST ISLAND ' AVE. / r .. .. , gsssssississssiisssiiie i NORTHLAKE BLVD. ■ i 1 )1 . /- < . E FIGURE 2 BALLENISLES TRAFFIC ASSIGNMENT ❑rn Km)er-HDm NOT TO SCALE !• and 'Inc 144155001 IC\ew_mro\1441V5001\CADOVALLQN9cs-OUTP.a.o n0-2 roe a.200e MOOpn by melUMnee BACKGROUND TRAFFIC Background traffic was developed for existing,short-range and-long range level of service analyses for maximum and typical development plans as outlined below: Existing(Year 2007) Background traffic for the existing level of service analysis was determined by taking the 2007 24-hour peak season counts obtained from Palm Beach County and applying seasonal adjustment factors to calculate an average daily volume for each roadway link. The seasonal adjustment factors were obtained from the Florida Department of Transportation(FDOT)"2006 Peak Season Factor Category Report", as documented in Appendix B. Short-Range(Test 2- Year 2012) As per Palm Beach County requirements for Test 2,background traffic volumes are only used when a link is significantly impacted. As shown in Table 4-B, the proposed maximum land use(two floors)will significantly impact PGA Boulevard between Ballen Isles Drive and Military Trail;therefore,background volumes are calculated only for these links. Background traffic includes traffic from the unbuilt portions of approved committed development projects and the historical traffic growth. A review of the approved committed development projects in the vicinity of the proposed development was conducted;information from the Palm Beach County Traffic Division's database of approved projects was used and is attached to this report.The review indicated that there are several approved committed development projects that would contribute to the future background traffic on the roadway links in the study area. 144155001—Ballen Isles Datparcel Comp Plan Traffic c Analysis—Revised April 1,2008 Page 11 According to the requirements of the Traffic Performance Standards of Palm Beach County,existing traffic volumes were projected to 2012 conditions using the greater of the historical growth rate or the committed traffic volumes plus one percent nominal growth,as published by Palm Beach County. A nominal one percent growth rate was used on all the roadway links where the historical growth rate is less than one percent. Long-Range (Year 2025) Background traffic for the long range(2025)level of service analysis was obtained from 2025 projected traffic volume estimates obtained from the Palm Beach County Metropolitan Planning Organization.This information is documented in Appendix C. The 2025 MPO projected volumes were adjusted to average annual daily traffic volumes using the FDOT adjustment factors. The year 2025 volumes are assumed to already include the impacts from the current future designations of all properties within the area. Therefore,no committed development project traffic was added to this scenario. Additionally, only the net new trips associated with the proposed future land use change were added to the 2025 model volumes. 144155001—Dalian Isles Ouiparcel Comp Plan Tragic Analysis—Revised April 1,2008 Page 12 ASSURED AND • PROGRAMMED CONSTRUCTION The existing number of lanes on each analyzed link was identified. A review was undertaken of the Palm Beach County Five-Year Plan,as well as those improvements committed by the Florida Department of Transportation and developers of other property in the area to identify programmed roadway improvements. There are no improvements scheduled for completion by 2012. A review of the Palm Beach MPO's 2030 Long Range Transportation Plan indicates that PGA Boulevard between Jog Road and Florida's Turnpike will be widened to 6 lanes,Central Boulevard between PGA Boulevard and Hood Road will be widened to 6 lanes,Florida's Turnpike north of PGA Boulevard will be widened to 6 lanes and Florida's Turnpike south of PGA Boulevard will be widened to 8 lanes. 144155001—Ballen Isles Outparcel Comp Plan Traffic Analysis—Revised April 1,2008 Page 13 ti ROADWAY EVALUATION Level of Service Roadway links within the radius of influence were analyzed to determine their level of service for year 2007,2012 and 2025.However,as stated in Palm Beach County's Future Land Use Atlas,links are considered as being significantly impacted if they meet the following criteria: • The net trip increase causes the adopted LOS for FIBS facilities to be exceeded • The net increase impacting roads not on the FIBS is greater than one percent of the adopted level of service volume and the volume to capacity ratio(v/c) is greater than 1.4 • The net increase impacting roads not on the FIRS is greater than two percent of the adopted level of service volume and the volume to capacity ratio(v/c) is greater than 1.2 • The net increase impacting roads not on the FIHS is greater than three percent of the adopted level of service volume regardless of the v/c ratio For the roadway evaluation,traffic was assigned considering the surrounding land uses and roadway characteristics. At the request of the City of Palm Beach Gardens, the traffic credit for the existing approved land use was removed from this portion of the analysis. The results shown reflect the full amount of traffic generated by the proposed future land use. 144155001—Ballen Isles Outparcel Comp Plan Traffic Analysis—Revised April 1,2008 Page 14 Year 2007 A link level of service analysis was undertaken for links within the project's radius of influence. Table 3-A summarizes the results of the level of service analysis for the proposed maximum(one floor) development traffic added to Palm Beach County 2007 AADT traffic volumes. As can be seen in Table 3-A, the roadway link of Florida's turnpike between PGA Boulevard and Okeechobee Boulevard will be significantly impacted and will not meet the level of service standards. However,this link is currently over capacity without the proposed land use change. Table 3-B summarizes the results of the level of service analysis for the proposed maximum (two floors) development traffic added to Palm Beach County 2007 AADT traffic volumes. As can be seen in Table 3-B,the roadway links of Florida's Turnpike between PGA Boulevard and Okeechobee Boulevard and PGA Boulevard between Ballen Isles Drive and Central Boulevard are anticipated to be significantly impacted. The link of Florida's Turnpike between PGA Boulevard and Okeechobee Boulevard will not meet the level of service standards. However, this link is currently over capacity without the proposed land use change. Table 3-C summarizes the results of the level of service analysis for the proposed typical development traffic added to Palm Beach County 2007 AADT traffic volumes. As can be seen in Table 3-C, the roadway link of Florida's Turnpike between PGA Boulevard and Okeechobee Boulevard is anticipated to be significantly impacted and will not meet the level of service standards. However, this link is currently over capacity without the proposed land use change. 144155001—Ballen Isles Omparcel Comp Plan Traffic Analysis—Revised April I.2008 Page 15 • a if I ir 1m I VI II . a aa,l _ o 00 Y d w h A N 5 .=! 1 !I UUOG u Uw N L If ; O ? i9Mg X X l 11 " UUUFi U VP. F Vi U. Y 48 : 2 ul .i4 ) egAl d i',-.; II eN gh � z9z o ss if . -l. Y p t ill F€F k 4� 1 ill a 11; :559 9 n 11 111 4 I f to lintlI- Mitt i A [Ail _ ii fi _ 1 1 Ifflill I i g Illiffi 14.1.4111 i DhI!JIJJ 1 . 1111 1 ii � aa t 1 TABLE 3-B BALLS ISLES OVTPARCEL COMPREHIKSIVE PLAN AMENDMENT PROPOSED MAXIMUM LAND USE DEVELOPMENT-TWO FLOORS 2087 AADT LINK ANALYSIS Roadway E=btlee 2907 ProjeuTratIle 2067 2007 FIRS Sippheaat Meets From To Number LOS'D' Peak AADT Existing Project Proposed(Less Total Projected vie Project Roadway Inspect LOSD SF Of Laws Capacity Season Volmer LOS Melasneat Existi42Yhp, Tre9k LOS Impact ? ?' Steadard? PGA Boulevard Jog Road Fairway Drive/Florida's Tyke 4LD 32,700 19,257 0.94 18,102 C 10% 235 15,337 C 0.56 0.72% No No Yes Fairway DrivolFlorideb Tpke Bsika Isles Drive 6LD 49,200 42,018 C94 39,497 C 15% 352 39,849 C 0.81 0.72% No No Yes Balled Isles Drive CeaW Bookend 610 49,200 42,018 0.94 39,497 C 83% 1,950 41,447 D 0.84 3.96% No Yes Yes Centra1BouIsvard Military Trail 61D 49,200 44,850 0.94 42,159 D 68% 1,597 43,756 D 0.89 3.25% No Yes Ye S Central Bookman! PGA Boulevard Hood Rd. 41..D 32,700 14,335 0.94 13,475 C 15% 352 13,827 C 0.42 1.08% No No Yes Florida's Toraplke Weil Indiaalown Rd. PGA Boulevard 4LX 67,200 54,400 1.00 ' 54,400 C 2% 47 54,447 C 021 0.07% Yes No Yes PGA Boulevard Okeechobee Boulevard 41X 67,200 75,100 I.00 ' 75,100 F 3% 70 75,170 F 1.12 0.10% Yes Yes No I MO?drlbrsiarn tom mtwldrd iodate Imo,mot 9Mgb'e M e6sNwarfielorwrrd•Me L•m,rewuvrar6eb IQB 0 � �1d Associates,Inc.AADT Oawdaan rar�sib+rantmoom.a as conwp•er.e✓/ea.. i lorfore esstipfkowty Impeded raise/Mt .OgeemdaMmreeC -Tern try Wenmerm.r do&eprotLOt b,'FUMj dMae to sr mood bd -7aeao imam imwdGt wed ear r ioFDR Is maw Ma eeseur4/de*sloped Ind lioness wbee mil de miner come*MY(yid b"mow M a 7.e/ -The am Inmuskpolalffig reed.e a,en PHIS b raft"am sae perms q ie eeymrinY4(aevtex waesmdtewieseeyr/"MYtivt)bl..reMw 2.2 - The eeseemrPoirce.a mar.e on re.Nb b prior Mm Mrmprwe 4/WorspottoM o/arnwesvium mamas,of de vtcr.n. iaattru.4urer/i►way 2eWwormy0a0100MrsMJr70d.4r(y 4140917:22 TABLE 3-C EALLEN ISLES O[7TPARCEL COMPREHENSIVE PLAN AMENDMENT PROPOSED TYPICAL LAND USE DEVELOPMENT 2007 AADT LINK ANALYSIS Roadway &Mtn 2007 Project Traffic 2091 2007 - From To Number LOS'D' Peak AADT gdttle Project IBS SIImpact t O Cs SF L Proposed(Less Teat Projected vie Project Roadway Impact LOS D Of Law, Capacity Season Vokurr LOS AWpmeot Ezletloe Trip) Treble_ LOS a Impact , 7 7' Standard? PGA Btmkvard Jog Road Fairwey Drivel Florida's Til 4D 32,700 19,257 0.94 15,100 C 10% 96 18,196 C 0.56 0.29% No No Yes Fairway Dire laida9 Tyke Gallen blew Drive 61) 49,200 42,018 0.94 39,500 C 15% 144 39.644 C 0.83 0.29% No No Yet Balled Wee Drive L Central Boulevard 6D 49,200 42,018 0.94 39,500 C 83% 799 40,299 C 0.82 1.62% No No Yes S.Camel Boulevmd N Military Trail 613 49,200 44,850 0.94 42,200 D 68% 655 42,855 D 0.07 1.33% No No Yes S Central Soa nerd PGA Boulevard Hood Rd 413 32,700 14,335 0.94 13,500 C 15% 144 13,644 C 0.42 0.44% No NO Yes m Florida's Taplke — West isdiootowe Rd PGA Boulevard 4X 67,20D 54,400 1.00 ' 54,400 C 2% II 54,419 C 0.81 0.03% Yes No Yet PGA Boulevard Okeechobee Bouleverd 4X 67,200 75,100 1.00 ' 75,100 F 3% 29 75,129 F 1.12 0.04% Yes Yes No I 2002 Salty Wows amporded Maws dales/met MSObt to,4Mtesian/kW ta.a Ns Ira moo le cab* ❑Mi re Igmlei-HOm 2 44DTwhew dwsdw nere.hydrispet,aw eel es e4M Aeesnr/eedlae ewes. en Mi 1�11d,A9,5�11 5,Inc. 2 Realm.,we s*.Pessfy Mead Ten ofthF MA.amad,Lbe ate see -Tee Mt*femme meee the.strprJ LOS)fle FIR 2/.d5ee es Maeda -The ewrnsewes Mrealore,ett eel en M.d7M 0 pros Om eeepscgw q/wre+ytdIndel seke eMau ewe Memel.,re,otredeemb hot ie rime rAft 1.1 -The ew Imams Mpeaes numb emon eke PIUS rpare than reepecewyWW.Apwdkdofsender meleameed&sedum wacdem*,(eV apeels thew 1.2 - DMwtteams Me ee1asm.i set on go NM r peeler Mwrt,w.maw Wde edry041 dVfee.6eveh wegante 4/Me et rode cw{rerNnuarrwwsION 4rVwwmJyamlm.rn0,4p ' hnow 7.2r Year 2012 The peak hour trips generated by the proposed maximum land use development were assigned to the roadway network as part of Test 2. These volumes were then compared to the Level of Service`E'peak hour,two-way thresholds for roadways in the study area and compared against a three percent significance threshold. Table 4- A summarizes the results of the level of service analysis for the proposed maximum (one floor) development traffic. As can be seen in Table 4-A, PGA Boulevard between Ballen Isles Drive and Central Boulevard will be significantly impacted for Test 2. Table 4-B summarizes the results of the level of service analysis for the proposed maximum(two floors) development traffic. As shown in Table 4-B,the roadway links of PGA Boulevard between Ballen Isles Drive and Military Trail will be significantly impacted for Test 2. The significantly impacted links were then analyzed on a two-way peak hour Test 2 basis to determine whether they will meet Test 2 standards.As shown in table 4-C, the significantly impacted link in the one-story scenario will meet the test 2 standards upon build out of the project. As shown in Table 4-D,both significantly impacted links in the two-story scenario will meet Test 2 standards upon buildout of the project. The peak hour trips generated by the proposed typical land use development were assigned to the roadway network as part of Test 2. These volumes were then compared to the Level of Service`E'peak hour,two-way thresholds for roadways in the study area and compared against a three percent significance threshold. Table 4- E summarizes the results of the level of service analysis for the proposed typical development traffic. As can be seen in Table 4-E,none of the roadway links within the radius of influence will be significantly impacted for Test 2. 144155001—Ballen Isles Oulparcel Camp Plan Traffic Analysis—Revised April 1,2008 Page 19 TABLE 4-A BALLEN ISLE8 OUTPARCEL TEST 2 TWO-WAY PEAK HOUR TRAFFIC LINK ANALYSIS PROPOSED MAlafrIUM LAND USE DEVELOPMENT-ONE FLOOR • Roadway Bibelot Project Dafie �! From To Rambo' I LAS'S' New Trim Shalleaaee 1 >3% Of Lau Capacity % AM I PM % 777 PGA Boatyard Jog Road Fairway hive/Fbtida's Tyke 4D 3,270 10% 20 19 0.60% No Fairway DrM/Pbridab Tpke Ballet bias Drive 6D 4,920 15% 29 29 0.59% No Bsllea Isles Drive Control Boulevard 6D 4,920 63% 162 161 3.29% Yes Central Boulevard Military Trail 6D 4,920 60% 133 132 2.70% No 3 Control Boulevard POA Boulevard Hood Rd. 4D 3,270 15% 29 29 0.69% No Florida's Tl rapike West Iadimtowa Rd. PGA Boulevard 4X 7,110 2% 4 4 0.05% No PGA Boulevard Okeechobee Boulevard 4X 7,110 3% 6 6 0.08% No Irlbd_onv4f11.13001 osooy2oo/K a to.'07060r_luwzt+)Io2peakhoor.00 ®®� I n1 Horn oArsoor J7:v ) _.... and Associates,Inc. I TABLE 4-B BALLEN ISLES OUTPARCEL TEST 2 TWO-WAY PEAK HOUR TRAFFIC LINK ANALYSIS PROPOSED MAXIMUM LAND USE DEVELOPMENT-TWO FLOORS • Readwiy Existing Project Traffic From To Naaates LOS'E' New Trips Slgalleaaes >3% Of Lana Capaeiey % AM PM ( % ?P? PGA Boulevard Jog Road Fairway Drive Florida%Tpke 40 3,270 20% 34 32 1.04% No Fairway LkirdPbtida%Tpke Balkn Isles Drive 61) 4,920 15% 51 49 1.04% No Ballen lobs DJiva Central Boulevard 6D 4,920 83% 281 269 5.71% Yes CentralHoubnrd Mi1tayTra1 6D 4,920 68% 230 220 4.67% Yes 8 Central Boalerard POABoubvard Hood Rd. 41) 3,270 15% 51 49 1.56% No Florida's'lhrapike West 1udieniownRd. PGA Boukvard 4X 7,110 2% 7 6 0.10% No POABoulevard Okeechobee Boulevard 4X 7,110 3% 10 10 0.14% No klbod_fpwll411155001yanrery 2000 wdaM1020008_fupubJtot2 prat honwoo(1) g Hr1o�rn� 14/2001 Jr 12 116.1111111T 1 and Assodates,Inc. 1 I TABLE 4-E BALLEN ISLES OUTPARCEL i TEST 2 TWO-WAY PEAK HOUR TRAFFIC LINK ANALYSIS PROPOSED TYPICAL LAND USE DEVELOPMENT Roadway Existing Project Traffic Pram To Number I LOS'S' New Trips >3% ■ Of Lanes Capacity % AM I PM >-_777 ■ PGA Boulevard 7ogRoed Faieway Drivel Plocide's Tpke 4D 3,270 10% 10 10 No Painvaybave/Plorida's Tpke Baca Isles Drive 6D 4,920 15% 16 15 No Men Isles Drive Central Boulevard 6D 4,920 83% 87 85 No Central Boulevard Military Trail 6D 4,920 68% 7I 70 No S Central Boulevard POABoulevard Hood Rd 4D 3,270 15% 16 • 15 No Florida's Turapike West lndiantownR4. POABoulevad 4X 7,110 2% 2 2 No PGAHoulevpd Okeechobee Boulevard 4X 7,110 3% 3 3 No 1 kSbad jpee1144JU5OtJVamaay 2008 upd.M(O20608_rvpaxisJmv]peeshemyp ®'� Khnlepliorn 7/&2008,2.32 1� ---_-- and Associates,Inc. I Year 2025 Tables 5-A and 5-B summarize the results of the level of service analysis for the proposed maximum one floor and two floor land use designation traffic added to the year 2025 MPO FSUTMS model background traffic.As can be seen in Table 5-A, no roadway links within the radius of influence will be significantly impacted by the project. Table 5-B shows the link of PGA Boulevard between Ballen Isles Drive and Central Boulevard will be significantly impacted by this project, and will not meet the LOS D standard in the two-floor scenario.It should be noted that the link of PGA Boulevard between Fairway Drive/Florida's Turnpike and Central Boulevard is expected to operate at a reduced level of service. This link will not operate at an acceptable level of service with or without the proposed land use change. However, the link is not significantly impacted by the projected land use change.All other links are expected to operate at the same level of service with or without traffic associated with the proposed amendment. Table 5-C summarizes the results of the level of service analysis for the proposed typical land use designation traffic added to the year 2025 MPO FSUTMS model background traffic.As can be seen in Table 5-C,no roadway links within the radius of influence will be significantly impacted by the project. It should be noted that the link of PGA Boulevard between Fairway Drive/Florida's Turnpike and Central Boulevard is expected to operate at a reduced level of service. This link will not operate at an acceptable level of service with or without the proposed land use change. However, the link is not significantly impacted by the project land use change.All other links are expected to operate at the same level of service with or without traffic associated with the proposed amendment. 144155001—Ballen Isles Outparcel Comp Plan Traffic Analyses—Revised April I.2008 Page 25 iiii 1 if $ a El 0 11 0e-- a if o$1d d 55 1 .... C .. 1 d :sI:9 a U : I . I 1 Ill igli 1 11 4 l y! Rcs k as 1 IT1 xi! 1tj §?gp ? na !! UU 0 Ii• El MI ! 4X b Va IIuu I ii ii III Ili MI ! II x ill 11 9955 5 1* a . ��' 1 ; rile ii fill L 1 iltt 11/1 11 III 1 A illii le g O l 1 110111111 IIIIII 1 Y s _ ,!fag } }A JI, 22g2 11 II.. 2221 f U ?ffi II A .1815 5 35 4 G yw� A m m A Q a m .1 fl i! a -fl 1 ! omwA a mm i) 3111 � sa a !I ) MI 151 1 gi2s3 fl it l At!! Its 1 a 11 111 III 3 b } 1 41 ! 2550 0 n gi1 11 A i i a iiiH i I g 111111 I I 1 ;tlIl IJIJIJIJi � 1111! IIJJIJ V ill i vffr a s o 1- z�zzx z :U li if A'fff f ;; i' $ 8 exfe f _x FA 11 de=o 2 eo T .S8^. R do d d d 6 p ' I ...a a as 1 1 e117 i E4 . > x a s in I § Os 0 am I I1 ) 1555115 1 1 1 lag! ! !! 1111 .If il 11 II : i s .A II 114 yII E I llj : ll gggg g Af 11 III • X11 1; 1 151 1 51 II! `13 2222 2 g5 a 111 as rtigl tl 110 111 11 9552 9 51 1 4P z � P 111111 , it; J !Pill 1 • im 11 Will I dl 1 eo 111111 I 3i gx (e 3P jHII I A • CONCLUSION This traffic impact analysis demonstrates that the proposed change in land use designation for the 7.31-Acre Site located on the south side of PGA Boulevard,just } west of Bal len Isles Drive in the City of Palm Beach Gardens, Florida, will not significantly impact the roadway links within the radius of influence in the short term I, (2012)and long term(2025)horizons. Consequently,the proposed amendment change is consistent with the requirements of Palm Beach County's Future Land Use Atlas Amendment Application for 2007. 144155001—Ballen Isles Dutparrcel Comp Plan 7rafficAnalysts—Revised April 1.2008 Page 29 Din KimlepHom and Associates,Inc. APPENDIX A Existing Count Data • • ; • • 1 DAJLY TRAFFIC_VCLUME2 3007 DAILY 2007 AM PEAK HOUR' 3007 PM PEAK HOUR! STA ROAD FROM TO LANES 2002 2003 2604 2005 2006 BATE VOL OR 2-WAY 14B/EB S13/W13 2-WAY NBHED 8B/W13 2833 PARK AVE Federal Bay 10211 St 2 5729 6023 6335 6645 7004 1/912007 5561 -4.25% 438 190 248 567 261 306 3902 PAR10ERAVE SwnmtBlvd PtaostHthBlvd 2 7306 7077 7077 1111 7176 7200 0.58% 0 0 0 0 0 0 3896 PAM=AVE SottlaaanBlvd Summit Blvd 4 15738 15017 13017 14731 13408 13200 -4.21% 0 0 0 0 0 0 3872 PARKER AVE BdvadereRd SosthsaBlvd 4 10827 9952 9952 9957 13930 3/12/2007 9455 4.69% 820 549 271 984 383 618 3856 PARKER AVE Me 1,1 Belvedere Rd 4 14882 15349 17280 19454 10671 15700 3.15% 0 0 0 0 0 0 4658 PBC PARK AIRPORT ENT Lanese Rd Lads:Aipal 2 0 0 0 0 0 0 0 3447 PBPSIMMON BLVD 1301h Ave N Roye1 Paha Beath BE 2 7408 7611 8900 762] 7337 1/10/2007 6779 -8.67% 565 390 198 614 296 363 2405 POA BLVD Bas Use Hwy Ryder Cop Blvd(log Rd) 2 5316 4995 5327 5801 6298 1/9/2007 3652 -I1.12% 323 171 156 347 182 168 2103 POA BLVD Ryder Cup Blvd(Jog 116) Fhndda TrapRo 4D 16624 18145 20249 24751 25523 2/13/2007 19257 -1.66% 1390 740 682 1472 664 630 2201 PGA BLVD Alori&Toorni a Gatos]Blvd 6D 36050 37789 41331 46848 45605 2/6/2007 42018 0.55% 3490 2147 1345 3615 1711 1918 2609 POA BLVD Corneal Blvd MNWsyIt 6D 37830 39106 41095 47793 44826 2/612007 44850 2.96% 3420 2079 1355 3693 1746 1968 2203 ?OA BLVD MCdtryTr 145 6D 41449 41884 42745 49342 46925 2/6/2007 46754 3.03% 3482 2410 1182 3712 1772 1940 2303 POA BLVD 1.95 SR 811 80 61328 61627 61772 61761 61606 216/2007 63846 1.11% 4137 2997 1661 5320 2385 3003 2829 POA BLVD !01811 Ovrdwatdo 60 51862 53941 55572 57253 50448 2/6/2007 51057 2.79% 3367 2394 1106 4048 1816 2371 2105 PGA BLVD Ordma Ma! Prtspalty Penis 104 6D 41612 41253 45611 44137 38774 2/6/2007 37104 -6.65% 2495 1547 1170 2906 1379 1527 2803 POA BLVD Prosperity Fonua Rd ED1aou WEaou Rd 6D 42199 43697 42677 45667 39239 37900 4.03% 0 0 0 0 0 0 2837 POA BLVD Morn Wm:Rd Mend 11wy 6D 28140 27532 29743 30962 26532 26200 -4.14% 0 0 0 0 0 0 3448 PIKE RD Southern Blvd Fla Turnpike Pauaace 4 9190 10497 11991 13697 13502 2/26/2007 13413 3.11% 1100 520 561 1311 629 690 3450 PIKB RA FIa Tumpnkcs Entrance Behedow Rd 2 5745 6333 2/26/2007 6123 601 184 441 461 243 227 4214 PINE TREE IX Forest Hill Blvd Kollar Rd 2 2346 2359 2371 2383 2396 2/22/2007 2365 -0.08% 222 161 62 206 83 132 4662 ?INR1302S7 DR 10th AvsN Lake Worth Rd 2 9326 8765 9583 10323 9416 2120/2007 9944 1.2456 696 298 421 852 406 447 4202 PINEHURS7 DR Font Hill Blvd 10TH AvvN 2 9669 8972 9965 10475 10613 212//2007 10726 2.48% 1009 494 522 1230 603 627 Taadq,May 29,2007 'Notts:Whets no peak how returns we shorn,the 2007 dally volume was*stlmohd bused on pnvlous count data or collected without peak hour data. Page 33 et43 PEAK HC4.1Rt STA ROAD FROM TO LANES 2002 DAILY 2003 Y 2004 2005 2006 DATE VOL DR S po7 WAY AM PEAK SBIWB 2 WA PM YNt31EB SB/WB 6426 CAIN BLVD Yameb led W Kimberly Blvd 2 9893 10113 9851 9846 10055 1/292007 9832 0.00% 938 504 460 1016 405 611 6839 CAMINO(WIDENS BLV SW 90r Ave SW tad Ave 2 4151 4065 4066 4048 3998 4000 -054% 9 0 0 0 0 0 6619 CAMINO REAL Camino Del Mar Powelllm ltd 41/ 11816 11598 11962 11273 11966 1/17/2007 11735 4.64% 1170 746 440 1213 308 825 6636 CAMINO REAL Miley Tr Cemin°Del Mar 4 14595 13630 13920 15543 14390 14700 L13% 0 0 0 0 0 0 6311 CAMINO REAL 1215 Ave SW MOLtary Tr 4 15913 16264 15639 17192 16400 1.60% 0 0 0 0 0 0 6849 CAMINO REAL 3rd Ave SW 4th Ave SW 4 13091 13397 13717 14052 13816 13700 -0.04% 0 0 0 0 0 0 6853 CAMINOREAL Cld MOD Hwy 3rd Ave SW 4 20671 19786 20745 21519 20277 20600 -023% 0 0 0 0 0 0 6855 CAMINO REAL 1181 Old DWG Hwy 613 17663 18200 19986 17110 17143 18100 -3.25% 0 0 0 0 0 0 6857 CAMINO REAL ICWW Bridge US 1 4 15437 14337 15135 14090 15.123 14800 4.74% 0 0 0 0 0 0 6859 CAMEO REAL ALA ICW W Bd4 p 2 8569 1415 7789 7429 8101 7700 -0.31% 0 0 0 0 0 0 1603 CENTER ST Leaalfalchre River Rd Io4atapteoRd 2 14660 14464 15126 16388 14923 1/1612007 14294 -1.87% 1141 431 728 1337 739 620 1803 C11r1TERST Coder St LozaMlehos River Rd 2 13197 18000 111218 18228 17993 1//64007 17114 -2.06% 1518 926 594 1550 756 802 2608 083179ALBLVD PGA Blvd Hood Rd 413 11445 12175 14231 14647 15521 2!6/2007 14335 023% 1769 877 898 1340 684 761 2210 CENTRAL BLVD Hood Rd Doodd Ross Rd 413 9000 10273 11684 13761 14305 ; 1/31/5007 15569 10.04% 1647 747 913 1439 747 691 1206 CENTRAL BLVD Dandd Res Rd P ederkk Smell Rd 40 7229 10992 13013 15708 13082 1/31/2007 16300 7.80% 1230 532 690 1479 917 595 1614 CENTRAL BLVD Frederick Smell Rd 1odias(rack IMcwy 413 7026 8773 10954 8883 1/29/2007 11577 9.69% 1239 522 726 108E 603 499 1606 CORRAL BLVD Wien Creek Pkwy IadiaNmriRd 4D 22034 21823 23007 27217 25275 1/16/2007 25674 3.72% 2033 1009 1072 2301 1337 997 1612 CENTRAL BLVD IadiantoweRd Church St 2 16901 17414 18394 19245 17707 1/16/2007 14088 -8.51% 1334 562 772 1350 852 518 6403 CLINTMOORERD SR7 Lyons Rd 4D 9718 9712 11974 13291 15200 1/31•2007 16591 11.40% 1626 1207 488 1568 482 1153 6201 CLINT MOORERD Lyon Rd Jos Rd 41) 17126 17954 20120 21809 25068 1/302007 23444 3.2316 3413 1725 722 2242 732 1587 6607 CLINT MOORE RD log Rd MEW/Tr 4D 28090 29020 30793 29949 33259 2/7/2007 31123 0.36% 2977 2007 970 2936 982 1973 6601 cum.MOORIIRD MilituyTr Carom Ave 613 29741 29977 30401 30737 35014 31500 1.19% 0 0 0 0 0 0 T1rada3r,Mai 29,2007 "Nob:Whore no peak hour volume era shown,the 2007 daily volume was estimated based on previous count data or collected without peak hour data. Page 9 of 43 DAILY TRAFFIC VOLUMES ZWIZSILX istubLeseatizat 2007 PM PEAK HOUR' STA ROAD FROM TO LANES 2002 2003 2004 2005 2006 DATE VOL OR 2-WAY NB/EB =MB 2WAY ND/ES SD/WS 3832 FLAOLBRDR PalmBeaehLakaaDd 1 Lotlh 31 4 18355 19103 24892 17910 21280 y 22200 -3.74% 0 0 0 0 0 0 3124 FLA0LER DR 26th St Pets Beach Labs Blvd 4 14674 14711 17495 17973 15296 16400 -2.13% 0 0 0 0 0 0 3808 FLAMER DR 3641I St 26th St 2 7595 7842 10143 11294 10235 11200 3,36% 0 0 0 0 0 0 5663 FLAVOR PICT RD Rases Rand Rd Jog Rd 2 4/244007 3159 236 150 116 288 117 Ill 5654 FLAVOR PICT RD See Rd Military Tr 2 4529 5210 5166 5725 6028 1/9/2007 6411 3.06% 470 301 218 545 215 357 3840 FLORIDA AVE Banyan Blvd LkoviewAvo 2 2960 2960 5423 3119 5943 6600 6.77% 0 0 0 0 0 0 4212 FLORIDA MANGO RD Forget Hill Blvd loth Ave N 2 11879 11502 1414I 14340 13572 2/27/1007 12516 -3.99% 1033 666 374 1160 464 707 3646 FLORIDA MANGO RD Stunanit Blvd Poaeat 1101 Blvd 2 7913 7768 3180 8650 9225 2/202007 9705 526% 802 449 364 1210 597 613 3670 FLORIDA MANGO RD Balvadae Rd lama L Tunny Blvd 2 4835 6079 5303 6544 7255 4/11!2007 7726 13.36% 473 314 175 510 330 110 6103 FLORIDA TURNPIKE ffiwward Coady Lios Glades Rd 6X 73900 84300 92700 102140 111405 118300 847% 0 0 0 0 0 0 6104 FLORIDA TI)RNPBCE 01rd.Ad Mho &Art 6X 68100 78900 86300 95997 1E+05 112300 9.17% 0 0 0 0 0 0 5106 FLORIDA TURNPIKE Meade Ave Baynes Bock Blvd 6X 71829 7885I 11780 119868 96700 103300 8.10% 0 0 0 0 0 0 5104 FLORIDA TURNPIKE Beyataa Beach Bird LakeWodhRd 4X 52100 60000 66500 75802 12700 90300 10.74% 0 0 0 0 0 0 4104 FLORIDA TURNPIKE Lake Wadi Rd South=Blvd 4X 43900 52500 59800 68521 74900 82300 11.23% 0 0 0 0 0 0 3102 FLORIDA TURNPDCB Obeeebolne BI PGAB1vd 4X 45516 52269 56777 63739 69200 75100 9.77% 0 0 0 0 0 0 2102 FLORIDA TURNPIKE PGA Blvd • Indianian:Rd 4X 33934 37568 41774 46641 50300 54400 9.20% 0 0 0 0 0 0 1102 FLORIDA TURNPIKE 3adiotowa Rd Martin County Lin 4X 24100 28200 30500 33269 35600 31100 7.70% 0 0 0 0 0 0 3433 FOLSOM RD Cywlwood Blvd Okeechobee Bl 2 3915 4271 4626 4989 4721 U17/2007 4547 -0.57% 312 150 247 392 219 179 3402 FOREST HILL BLVD e008heo,Blvd W race 40 32270 34245 38342 39091 37393 2/5/2007 36852 -1.31% 2904 1500 1439 3383 1647 1773 3430 FORPSTH U.BLVD WdlinsteaTro Saudi Skase Blvd 40 27664 30486 34723 36110 34310 2/28/2007 32970 -1.71% 2133 1019 1192 2824 1301 1055 3407 FORBST HILL BLVD South Uwe Blvd SR7 60 39531 42911 54561 57143 57044 3/54007 54716 0.09% 4114 2547 1316 4704 2027 2715 3423 FOREST HILL BLVD SR-7 L7on:Rd 6D 31100 33719 39522 45075 44379 3/54007 44608 4.12% 3444 1952 1567 3955 1888 2142 'may,May 24,2007 *Nola"Whore no pock hour volumes ars shown.the 2007 daily volwrw was estknat.d hoed on previous count data or aollseted wlthoat peek hour data. Page 13 et 43 • • J rn pr Kimley-Ho and Associates,Inc. APPENDIX B FDOT Factors L I i 2006 Peak Season Factor Category Report - Report Type: ALL Category: 9301 CEN.-W OF US1 TO SR7 6IOCF: 0.94 Week Dates SF PSCF r.•aaaaaa a0aaaalRaS'saQasMM01.11raaafln��s.�rrarMINIl�a•r�Mrr�llnn aeew.Amsa= 1 01/01/2006 - 01/07/2006 1.02 1.08 2 01/08/2006 - 01/14/2006 1.00 1.06 3 01/15/2006 - 01/21/2006 0.97 1.03 * 4 01/22/2006 - 01/28/2006 0.96 1.02 • 5 01/29/2006 - 02/04/2006 0.95 1.01 * 6 02/05/2006 - 02/11/2006 0.94 1.00 • 7 j2/12/2006 - 02/18/2006 0.94 1.00 * 8 02/19/2006 - 02/25/2006 0.94 1.00 * 9 02/26/2006 - 03/04/2006 0.93 0.99 *10 03/05/2006 - 03/11/2006 0.93 0.99 *11 03/12/2006 - 03/18/2006 0.93 0.99 •12 03/19/2006 - 03/25/2006 0.94 1.00 *13 03/26/2006 - 04/01/2006 0.44 1.00 *14 04/02/2006 - 04/08/2006 0.95 1.01 *15 04/09/2006 - 04/15/2006 0.95 1.01 *16 04/16/2006 - 04/22/2006 0.96 1.02 17 04/23/2006 - 04/29/2006 0.97 1.03 18 04/30/2006 - 05/06/2006 0.97 1.03 19 05/07/2006 - 05/13/2006 0.98 1.04 20 05/14/2006 - 05/20/2006 0.99 1.05 21 05/21/2006 - 05/27/2006 1.00 1.06 22 05/28/2006 - 06/03/2006 1.00 1.06 23 06/04/2006 - 06/10/2006 1.01 1.07 24 06/11/2006 - 06/17/2006 1.02 1.08 25 06/18/2006 - 06/24/2006 1.03 1.09 26 06/25/2006 - 07/01/2006 1.04 1.10 21 07/02/2006 - 07/08/2006 1.05 1.11 28 07/09/2006 - 07/15/2006 1.07 1.13 29 07/16/2006 - 07/22/2006 1.07 1.13 30 07/23/2006 - 07/29/2006 1.07 1.13 31 07/30/2006 - 08/05/2006 1.06 1.12 { 32 08/06/2006 - 08/12/2006 1.06 1.12 33 08/13/2006 - 08/19/2006 1.06 1.12 34 08/20/2006 - 08/26/2006 1.06 1.12 35 08/27/2006 - 09/02/2006 1.06 1.12 36 09/03/2006 - 09/09/2006 1.06 1.12 37 09/10/2006 - 09/16/2006 1.06 1.12 38 09/17/2006 - 09/23/2006 1.05 1.11 39 09/24/2006 - 09/30/2006 1.04 1.10 40 10/01/2006 - 10/07/2006 1.04 1.10 41 10/08/2006 - 10/14/2006 1.03 1.09 42 10/15/2006 - 10/21/2006 1.02 1.08 43 10/22/2006 - 10/28/2006 1.02 1.08 44 10/29/2006 - 11/04/2006 1.02 1.08 45 11/05/2006 - 11/11/2006 1.01 1.07 46 11/12/2006 - 11/18/2006 1.01 1.07 47 11/19/2006 - 11/25/2006 1.02 1.08 48 11/26/2006 - 12/02/2006 1.02 1.08 49 12/03/2006 - 12/09/2006 1.02 1.08 50 12/10/2006 - 12/16/2006 1.02 1.08 51 12/17/2006 - 12/23/2006 1.00 1.06 52 12/24/2006 - 12/30/2006 0.99 1.05 53 12/31/2006 - 12/31/2006 0.97 1.03 • Peak Seaaon Page 2 of 4 j � � KlmleyHom and Associates,Inc. APPENDIX C 2025 MPO Volumes , Aug-02-2007 02:22 PM Kimley-Horn & Associates 8636318 3/4 88/82/2887 15:15 5612335664 PBMPO PAGE 63 (`'� MAO LITAN PLANNING ORGANIZATION a Pal , Beach MPO 1 •f ty:'\ F A X C O V E R MO West N.3 Road,Al Roar 2749 boa phone: :611.4170 /•` ,r 44.1.0& Fe,5613.5664 9ne9: nipopbeetupa ,H.us Webston http/jvight.pbcgov,comfinpo A-- 41F11 40,4- 010 4 Phieursismtlrom a AS i2EQ3ESIEE ■P$PLY ASAP ■ PLEASF-COMMENT MI_PLEASE REVMF.W ■FOR YOUR INFORMATION COMMOltrac • Aug-02-2007 02:23 PM Kimley-Horn & Associates 8636318 4/4 06/02/2097 15:15 5612335664 PBMPO PAGE 04 07/19/2007 15:15 PAX 681 882 0199 xllfl y IMMN ?1001/001 443111aft adetond e 1:21111111 andiVairierciates.lna. Wog ,t9odda '[B1►56T/11454665 1147C$61/8821119 ]!fly 10,2007 { Fax Trattsmtttai To Paul Larsen Fax Nos 5611233-5664 F1zmil.0041012: Job No. • Pram: Lora Vbisaboscla Job MOW Ball=Idles Outpace] Wend coming by olsik Yes D No d . Tfyou have nary probIaasas,please call 5611845.0665 and ask lbn Lam(eat 282) Total number of pages,iUnch:ding ewer sheet 1 Comme : Not Moue provide the latest 2,025 model volume for tbs following Links. Thanks. `---' Roadway From To PGA Roldarord J Faaw Drive/Plorrids's .¢ • load Liq Fairway Drive:Mora& TOo Balm Was Woo --- •S~ Ratko Idles Drive 3.Central Boniovatd 5.5 &Centre]Boulevard Nk yTjag - ..- Li 0 6 Centroditouk^rard 1GASonlav®d IHoodPd -- -elf Iltarilars?mob -95-4" 51.0 Weetladietdovni R4. P0ABettleevsa+3 Sag'0 1PGABoaIaysnd O laee8ackyard—" 69.0 C7 7716ra8xlber hoerthedfar the add rare, asel Ave&and new monk b{Wi 01st oonfidendig rpm arena iho&headed recipient or t e esseeyee agent reipoeablefor&rmyso Ike ,imam y t+ioteeeVy review.diatantroson. dr elepAgershis eoeuteetteatket xtricgriveldipei"you haverevived lids jheettelle 6,orfor.pkastiowediatelpsottfr so$v tdrplexte.Ant Marti the eriginalikezmfikt to Neat she address*bore vla the t/..&Felehol rrrka Theetys*. • APPENDIX D Committed Traffic Volumes • 1 1 ; .J Inaut Data ROAD NAME:Pga Blvd STATION: 2201 CURRENT YEAR:2007 FROM: Ballen Isles ANALYSIS YEAR:2012 TO:Central Blvd GROWTH RATE:2.2% COUNT DATE:2/6/2007 • PSF: 1 Unk Analysis • Time Period AM , PM Direction 2-way NB/EB SB/WB 2-way NB/EB SB/WB Existing Volume 3490 2147 1345 3615 1711 - 1918 Peak Volume 3490 2147 1345 3615 1711 _ 1918 1; Diversion(%) 0.0% • 0.0% 0.0% 0.0% 0.0% 0.0% :1 Volume After Diversion 3490 2147 1345 3615 1711 1918 Protect Type Percent Complete Committed Development . Old Palm Goff Club 41 31 10 54 20 34 RES 19.0% Parcel 4.07A 0 0 0 0 0 0 NR 100.0% The Pointe 39 34 5 38 6 32 NR 0.0% Central Park 24 13 11 36 18 18 NR 0.0% Legend At The Gardens 8 4 4 19 9 10 NR 0.0% Parcel 4.03/4.06 7 2 5 8 5 3 RES 75.0% Pga Commons(Parcels 283) 8 5 3 22 10 12 NR 80.0% Donald Ross Village 10 5 5 16 8 8 NR 80.0% Paloma 25 6 • 19 32 20 12 RES 0.0% Parcel 5A 67 , 59 8 68 10 58 NR 0.0% Parcel 4.07B 0 0 0 0 0 0 RES 100.0% Parcel 5B 4 3 1 10 4 6 NR 50.0% Palm Beach Community Churc 63 29 34 110 60 50 NR 0.0% Florida Research Park 173 22 151 203 170 33 NR 10.0% Mirasol 0 0 0 0 0 0 RES 100.0% • Regional Center Dri 10 8 2 7 1 6 NR 80.0% Legacy Place Commercial 1 1 0 4 2 2 NR 90.0% Northcorp Pcd 3 3 0 2 0 2 NR 0.0% Gardens Station East&West 0 0 0 0 0 0 NR 100.0% Southampton 22 4 18 25 17 8 RES 0.0% Satellite University 1,1 Fairway t 0 0 0 0 0 0 NR 100.0% Abacoa Dri 95 49 46 126 59 67 NR 30.0% Cimarron Cove 25 11 14 40 22 18 NR 0.0% Total Committed Developments 625 289 336 820 441 379 Total Comitted Residential 95 43 52 119 62 57 Total Comitted Non-Residential 530 246 284 701 379 322 Double Count Reduction 23 10 13 29 15 14 Total Discounted Committed Devl 602 279 323 791 426 365 Historical Growth 401 247 155 416 197 221 Comm Dev+1%Growth 780 389 392 975 513 463 Growth Volume Used 780 389 392 975 513 463 Total Volume 4,270 2,536 1,737 4,590 2,224 2,381 . Lanes 6LD 6LD 6LD 6LD 6L1) 6LD 2-way or Class II Capacity 4680 2570 2570 4680 2570 2570 Link Meets Test 1/Opt.I? YES YES YES YES YES YES Class I Capacity 2790 2790 2790 2790 Link Meets Test 1/Opt.II? YES YES YES YES 2-Way LOS E Capacity 4920 2710 2710 4920 2710 2710 Link Meets Test 2/Opt I? YES YES YES YES YES YES Class I LOSE Capacity 2790 2790 2790 2790 • Unk Meets Test 2/Opt.ii? YES YES YES YES • i Input Data ROAD NAME: Pga Blvd STATION:2609 CURRENT YEAR:2007 FROM:Central Blvd ANALYSIS YEAR: 2012 TO: Military Trail GROWTH RATE:2.2% COUNT DATE:2/6/2007 PSF: 1 Link Analysis Time Period. AM PM. Direction 2-way NB/EB SB/WB 2-way NB/EB SB/WB Existing Volume 3420 2079 1355 3693 1746 1968 Peak Volume 3420 2079 1355 3693 1746 1968 i Diversion(%) .. 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Volume After Diversion 3420 2079 1355 3693 1746 1968 Project Type Percent Complete Committed Development Old Palm Golf Club 83 62 21 108 40 68 RES 19.0% Parcel 4.07A 0 0 0 0 0 0 NR 100.0% Northlake Square East 0 0 0 0 0 0 NR 100.0% The Pointe 65 57 8 64 11 53 NR 0.0% Central Park 22 10 12 32 16 16 NR 0.0% Legend At The Gardens 5 3 2 12 6 6 NR 0.0% Parcel 4.03/4.06 4 1 3 5 3 2 RES 75.0% Pga Commons(Parcels 2&3) 12 8 4 33 15 18 NR 80.0% Donald Ross Village 2 1 1 2 i 1 NR 80.0% Paloma 3 1 2 4 3 1 RES 0.0% Parcel 5A 83 73 10 85 12 73 NR 0.0% Parcel 4.07B 0 0 0 0 0 0 RES 100.0% Parcel 5B 11 9 2 27 10 17 NR 50.0% St.Mark's School Expansion 0 0 0 0 0 0 NR 100.0% Palm Beach Community Churct 94 44 50 165 90 75 NR 0.0% Florida Research Park 104 13 91 122 102 20 NR 10.0% Mirasol 0 0 0 0 0 0 RES 100.0% • Regional Center Dri 11 9 2 7 1 6 NR 80.0% Legacy Place Commercial 3 2 1 9 4 5 NR 90.0% Northcorp Pcd 8 7 1 7 1 6 NR 0.0% Gardens Station East&West 0 0 0 0 0 0 NR 100.0% Southampton 45 37 8 52 17 35 RES 0.0% Cimarron Cove 22 12 10 35 16 19 NR 0.0% Satellite University 0 Fairway C 0 0 0 0 0 0 NR 100.0% Clock Tower Building 0 0 0 0 0 0 NR 100.0% Covenant Church Site Redeye!, 3 3 0 3 0 3 NR 0.0% Abacoa Dri 0 0 0 0 0 0 NR 30.0% Total Committed Developments 580 352 228 772 348 424 Total Comitted Residential 135 101 34 169 63 106 Total Comitted Non-Residential 445 251 194 603 285 318 Double Count Reduction 33 25 8 42 15 26 Total Discounted Committed Dew 547 327 220 730 333 398 Historical Growth 393 239 156 425 201 226 Comm Dev+1%Growth 721 433 289 918 422 498 Growth Volume Used 721 433 289 918 422 498 Total Volume 4,141 2,512 1.644 4,611 2,168 2,466 Lanes 6LD 6LD 6LD 6LD 6LD 6LD 2-way or-Class II Capacity 4680 2570 2570 4680 2570 2570 Link Meets Test 1/Opt.I? YES YES YES YES YES YES Class I Capacity 2790 2790 2790 2790 Link Meets Test 1/OpL ii? YES YES YES YES 2-Way LOS E Capacity 4920 2710 2710 4920 2710 2710 Unk Meets Test 2/Opt.i? YES YES YES YES YES YES Class I LOS E Capacity 2790 2790 2790 2790 Unk Meets Test 2/Opt.ii? YES YES YES YES • Project Name: Ballenlsles West Out Parcel Project Number: 06-036 'oC COMPARATIVE ANALYSIS OF IMPACTS Ballenlsles West Out Parcel prepared by: KESHAVARZ&ASSOCIATES,INC. 711 North Dixie Highway, Suite 201 West Palm Beach,Florida 33401 n ' phone: (561) 689-8600 _ t/ ALLEN . GREEN,------- fax: (561) 689-7476 EEN,JR,P.E. P.E.#25503 FEB -0 7 2008 of OiC%D^aS Allen T.Green,Jr.,P.E. FEB Fl. Cert.#25503 Analysis_cover.xls 1 of 1 2/7/2008, 3:04 PM <1) `',1, ;vI k.- s ,'s Feb. 6, 2008 N ��, Project#06-036 Ballenlsles West Out Parcel 4-j, Comparative Analysis of Impacts DRAINAGE Drainage Provider City of Palm Beach Gardens, South Florida Water Management District(SFWMD), Northern Palm Beach County Improvement District(NPBCID) Drainage Statement The proposed commercial development is located within the previously permitted JDM Country Club (Ballenlsles), SFWMD Permit No. 50-01923-S. The Master Stormwater Management System for Ballenlsles provides water quality treatment and stormwater attenuation for this project. The proposed project will be designed to be consistent with the land use and site grading assumptions from the design of the Master Stormwater Management System for Ballenlsles. Additional Water Quality Treatment: • Dry Pre-Treatment:0.5 inch over the commerciaVindustrial portions of the site will be provided prior to discharge. (Reference: SFWMD ERP Volume IV,Basis of Review, Section 5.0.) Legal positive outfall for the project site will occur via discharge into the existing NPBCID owned lake system located along the south property line. Drainage Basin SFWMD C-17;NPBCID Unit of Development No. 11 Nearest Drainage Facility Existing NPBCID lake systems adjacent to the south property line.Existing discharge from the site sheet flows onto the adjacent properties. Effect on LOS The on-site drainage systems will be designed to meet the requirements of the South Florida Water Management District, Northern Palm Beach County Improvement District and the City of Palm Beach Gardens Land Development regulations, and to provide a legal positive outfall meeting the adopted level of service per the ULDC's Section 78-523.Design storm. The project shall comply with the established Level of Service with no adverse impacts. Current Max Discharge Not applicable. 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Engineers p�S�,urveyors t31SMeppers•I1 • 11, t I 1.::.:..t: IMMIm tl{!IM ■R,raft m..rl.►,.lhvlg D41/410E r1B1IRT MAAYI,■,..ALL red■CrWNR Sum YAnCn nn,►pr • �' �4 Feb. 6, 2008 w 4' � �s Project#06-036 h' er f' Ballenlsles West Out Parcel Comparative Analysis of Impacts WATER Water Provider Seacoast Utility Authority Nearest Water Facility According to SUA record information; there is an existing 12"water main along the north boundary of the project site. There is also an existing 8"water main on the east side of Ballenlsles Drive running north/south. Proposed Facilities The water system will include pipe, valves, hydrants, fittings, backflow prevention devices and meters. The completed system will be sized to meet both domestic and fire demands for the project site. Level of Service Provided: Average Annual Daily:191 gallons per day per capita Peak 24-Hour.258 gallons per day per capita Storage Capacity: 34.4 gallons per day per capita Pressure: 20 psi minimum at the main at all times 13,294 gallons per day, average(see attached calculations) Current Demand 9.23 gallons per minute,average(see attached calculations) Proposed Demand CASE I (111,448 sf) 11,145 gallons per day,average(see attached calculations) 7.74 gallons per minute,average(see attached calculations) CASE II (222,890 sf) 22,290 gallons per day,average(see attached calculations) 15.48 gallons per minute,average(see attached calculations) Change CASE I (111,448 sf) -2149 gallons per day,average DECREASE -1.49 gallons per minute,average DECREASE CASE II (222,890 sf) +8996 gallons per day,average INCREASE +6.25 gallons per minute,average INCREASE 711 North Dixie Highway,Suite 201, West Palm Beach,FL 33401 phone:(561)689-8600 fax:(561)689-7476 KESHAVARZ& ASSOCIATES, INC. 711 North Dixie Highway, Suite 200 West Palm Beach, Florida 33401 phone: (561) 689-8600 fax: (561) 689-7476 EXHIBIT BALLENISLES WEST OUT PARCEL WATER GENERATION: EXISTING CONDITIONS CURRENT ZONING: RL 1 CURRENT LAND USE: RESIDENTIAL LOW ON 7.31 ACRES (4 units/acre) Flows based on City of Palm Beach Gardens Division 3, Concurrency Section 78-75, Table 7: Potable Water Level of Service, Florida Administrative Code Chapter 64E-6 and/or Seacoast Utility Authority established rates. Rate/Ea Subtotal Subtotal Quant. Units (gpd) (gpd) (gpm) EXISTING USES Residential 29 ea 458.40 13,294 9.23 SUMMARY 13,294 9.23 X:\2006\06-036 Ballenlsles Entrance Parcels\06036 Concurrency Gales 2007_11_19.xls 2/7/2008,3:07 PM KESHAVARZ& ASSOCIATES, INC. 711 North Dixie Highway, Suite 200 West Palm Beach, Florida 33401 phone: (561) 689-8600 fax: (561) 689-7476 EXHIBIT GARDENS WEST OUT PARCEL WATER GENERATION: PROPOSED CONDITIONS PROPOSED ZONING: PO PROPOSED LAND USE: PROFESSIONAL OFFICE (PO) ON 7.31 ACRES Flows based on City of Palm Beach Gardens Division 3, Concurrency Section 78-75, Table 7: Potable Water Level of Service Rate/Ea Subtotal Subtotal Quant. Units (gpd) (gpd) (gpm) PROPOSED USES Commercial CASE I 111,448 sf 0.10 11,145 7.74 CASE II 222,890 sf 0.10 22,290 15.48 SUMMARY CASE I 11,145 7.74 SUMMARY CASE II 22,290 15.48 LEVEL OF SERVICE RATES Average Annual Daily 191 gpd/cap Peak 24-Hour 258 gpd/cap Storage Capacity 34.4 gpd/cap Pressure 20 psi@main Min. Water Treatment Cap 258 gpd/cap UTILITY PROVIDER: Seacoast Utility Authority contact: Dee Giles, ext. 305 Rates based on SUA criteria Commercial rates based on 0.1 gallons per square foot X:\2006\06-036 Ballenisles Entrance Parcels\06036 Concurrency Calcs 2007_11_19.xls 2/7/2008,3:08 PM F Feb. 6, 2008 Project#06-036 r= ; Ballenlsles West Out Parcel Comparative Analysis of Impacts WASTEWATER Sewer Providers Seacoast Utility Authority (gravity sewer/ force main system), PGA Wastewater Treatment Plant(treatment) Nearest Sewer Facility There is an existing manhole located on the east boundary of the project site on the west side of the existing Ballenlsles Drive right of way. This is the point of service for the existing site. Proposed Facilities It is anticipated that development of this site will include the installation of a network of gravity sewer mains and laterals to connect to the proposed professional office building. The completed system will be sized to meet the domestic demands of the project site. Level of Service Provided(107 gallons per day per capita) Existing Wastewater Treatment Plant,permitted capacity=12 mgd, Max.Monthly Average day(over last 12 months)=8.13 mgd Max.3-Month Daily Average(period,Jan—Mar 06)=8.45 mgd Current Demand 7,447.2 gallons per day,average(see attached calculations) 5.17 gallons per minute,average(see attached calculations) Proposed Demand CASE I (111,448 sf) 11,145 gallons per day,average(see attached calculations) 7.74 gallons per minute,average(see attached calculations) CASE II (222,890 sf) 22,290 gallons per day,average(see attached calculations) 15.48 gallons per minute,average(see attached calculations) Change CASE I (111,448 sf) +3697.8 gallons per day,average INCREASE +2.57 gallons per minute,average INCREASE CASE I I (222,890 sf) +14,842.8 gallons per day,average INCREASE +10.31 gallons per minute,average INCREASE 711 North Dixie Highway,Suite 201, West Palm Beach,FL 33401 phone:(561)689-8600 fax:(561)689-7476 KESHAVARZ& ASSOCIATES, INC. 711 North Dixie Highway, Suite 200 West Palm Beach, Florida 33401 phone: (561) 689-8600 fax: (561) 689-7476 EXHIBIT BALLENISLES WEST OUT PARCEL WASTEWATER GENERATION: EXISTING CONDITIONS CURRENT ZONING: RL 1 CURRENT LAND USE: RESIDENTIAL LOW (RL) ON 7.31 ACRES (4 units/acre) Flows based on City of Palm Beach Gardens Division 3, Concurrency Section 78-75, Table 7: Potable Water Level of Service, Florida Administrative Code Chapter 64E-6 and/or Seacoast Utility Authority established rates. Rate/Ea Subtotal Subtotal Quant. Units (gpd) (gpd) (gpm) EXISTING USES Residential 29 ea 257.00 7,447.2 5.17 SUMMARY 7,447.2 5.17 X:\2006\06-036 Ballenlsles Entrance Parcels\06036 Concurrency Calcs 2007_11_19.xls 2/7/2008,3:15 PM • KESHAVARZ& ASSOCIATES, INC. 711 North Dixie Highway, Suite 200 West Palm Beach, Florida 33401 phone: (561) 689-8600 fax: (561) 689-7476 EXHIBIT BALLENISLES WEST OUT PARCEL WASTEWATER GENERATION: PROPOSED CONDITIONS PROPOSED ZONING: PO PROPOSED LAND USE: PROFESSIONAL OFFICE (PO) ON 7.31 ACRES Flows based on City of Palm Beach Gardens Division 3, Concurrency Section 78-75, Table 5: Sanitary Sewer Level of Service Rate/Ea Subtotal Subtotal Quant. Units (gpd) (gpd) (gpm) PROPOSED USES Commercial CASE I 111,448 sf 0.10 11,145 7.74 CASE II 222,890 sf 0.10 22,290 15.48 SUMMARY CASE I 11,145 7.74 SUMMARY CASE II 22,290 15.48 LEVEL OF SERVICE RATES Average Annual Daily 107 gpd/cap Peak 24-Hour 118 gpd/cap UTILITY PROVIDER: Seacoast Utility Authority contact: Dee Giles, ext. 305 Rates based on SUA criteria Commercial rates based on 0.1 gallons per square foot X:12006106-036 Ballenlsles Entrance Parcels\06036 Concurrency Calcs 2007_11_19.xls 2/7/2008,3:08 PM tiF �r Feb. 6, 2008 �' v`, Project#06-036 Ballenlsles West Out Parcel Comparative Analysis of Impacts SOLID WASTE Service Provider City of Palm Beach Gardens (hauler), Palm Beach County Solid Waste Authority (disposal site) Nearest Solid Waste Facility Palm Beach County Solid Waste Authority located on N. Jog Road, south of State Road 710,approximately 5.5 miles southeast of the project site. Level of Service City trucks and County disposal system shall accommodate 7.03 pounds of garbage, and 1.18 lbs of yard debris per capita per day. Current Demand 489 lbs of garbage and 82 lbs of yard debris per day(see attached calculations) Proposed Demand CASE I (111,448 sf) 1,679.35 lbs of garbage and 0 lbs of yard debris per day(see attached calculations) CASE II (222,890 sf) 3,358.71 lbs of garbage and 0 lbs of yard debris per day(see attached calculations) Change CASE I (111,448 sf) +1190.35 lbs of garbage per day INCREASE -82 lbs of yard debris per day REDUCTION CASE II (222,890 sf) +2869.71 lbs of garbage per day INCREASE -82 lbs of yard debris per day REDUCTION 711 North Dixie Highway,Suite 201, West Palm Beach,FL 33401 phone:(561)689-8600 fax:(561)689-7476 KESHAVARZ&ASSOCIATES, INC. 711 North Dixie Highway, Suite 200 ,West Palm Beach, Florida 33401 phone: (561) 689-8600 fax: (561) 689-7476 EXHIBIT BALLENISLES WEST OUT PARCEL SOLID WASTE GENERATION: EXISTING CONDITIONS CURRENT ZONING: RL 1 CURRENT LAND USE: RESIDENTIAL LOW(RL) ON 7.31 ACRES Flows based on City of Palm Beach Gardens Division 3, Concurrency Section 78-75, Table 6: Solid Waste Level of Service& Solid Waste Authority Commercial Waste Generation Schedule Total Total Daily Rate Total Garbage Yard Debris Quant. Units Ibs/100sf/day Persons (lbs/day) (lbs/day) Total EXISTING USES Residential 29 ea 489 69.6 489 82 571 SUMMARY TOTAL 489 82 571 LEVEL OF SERVICE Garbage 7.03 lbs/day/person Yard Debris 1.18 lbs/day/person UTILITY PROVIDER: Palm Beach County Solid Waste contact: Marc C. Bruner, Ph.D. Director of Planning and Environmental Programs Rates based on PBG Concurrency Regs For comparison purposes, the average waste generation of all medium users was used for both commercial and industrial waste. X:\2006\06-036 Ballenlsles Entrance Parcels\06036 Concurrency Calcs 2007_11_19.xls 21712008,3:08 PM • KESHAVARZ& ASSOCIATES, INC. 711 North Dixie Highway, Suite 200 West Palm Beach, Florida 33401 phone: (561) 689-8600 fax: (561) 689-7476 EXHIBIT BALLENISLES WEST OUT PARCEL SOLID WASTE GENERATION: PROPOSED CONDITIONS PROPOSED ZONING: PO PROPOSED LAND USE: PROFESSIONAL OFFICE (PO) ON 7.31 ACRES Flows based on City of Palm Beach Gardens Division 3, Concurrency Section 78-75, Table 6: Solid Waste Level of Service & Solid Waste Authority Commercial Waste Generation Schedule Total Daily Rate Total Garbage Quant. Units Ibs/100sf/day Persons (lbs/day) PROPOSED USES Commercial CASE I 111,448 sf 5.5 1,679.35 CASE II 222,890 sf 5.5 3,358.71 SUMMARY CASE I 1,679.35 SUMMARY CASE II 3,358.71 LEVEL OF SERVICE Garbage sq.ft./365 days x 5.5 lbs. UTILITY PROVIDER: Palm Beach County Solid Waste contact: Marc C. Bruner, Ph.D. Director of Planning and Environmental Programs Rates based on PBG Concurrency Regs X:\2006\06-036 Ballenisles Entrance Parcels\06036 Concurrency Calcs 2007_11_19.xls 2/7/2008, 3:08 PM EXECUTIVE SUMMARY FOR COMPREHENSIVE PLAN AMENDMENT Date: August 6, 2007 Reference #: CPSS-07-08-000001 GENERAL INFORMATION Initiating Local Government: City of Palm Beach Gardens Contact Person: Jackie Holloman, AICP, Planner Address: 10500 N. Military Trail, PBG 33410 Telephone/Fax: (561)799-4243 /799-4281(fax) Applicant/Agent: E.W. Outparcels, LLC/Cotleur& Hearing, Inc. Telephone/Fax: (561)747-6336 X 112 PROPOSED COMPREHENSIVE PLAN AMENDMENT General Summary of Amendments: A request for a Small Scale Future Land-Use Map Amendment to change the land-use designation of an approximately 7.31-acre vacant parcel of land(PCN 52 42 42 11 00 000 3100), known as the Ballenlsles West Outparcel, generally located at the southwest corner of the intersection of PGA Boulevard and Ballenlsles Drive, from a Residential Low (RL) land-use designation to a Professional Office (PO) land-use designation. The applicant intends to develop a professional office building totaling no more than 111,448 square feet. amendments relating to traffic circulation or the roadway networks amendments relating to affordable housing Amendments related to the following elements: X land use (map) traffic circulation mass transit ports and aviation housing infrastructure coastal management conservation recreation and open space intergovernmental coordination capital improvements Summary of addition(s) to adopted comprehensive plan:None Summary of proposed change(s) to adopted comprehensive plan:Not applicable. Proposed amendment(s) to the Future Land Use Map: The proposed amendment to the Future Land Use Map involves the redesignation of a 7.31-acre parcel of land from its current Residential Low(RL) land-use designation to a Professional Office (PO) land-use designation. Location of proposed map amendment (include a location map): The subject site is located at the southwest corner of PGA Boulevard and Ballenlsles Drive. The applicant has given the project the working title of `Ballenlsles West Outparcel," although it is not actually located within the Ballenlsles Planned Community Development (PCD). A location map is attached. Size of area proposed for change (acres): The size of the subject parcel is approximately 7.31 acres. Present Future Land Use Plan designation (include a density/intensity definition): The current Future Land Use Plan designation of the subject site is Residential Low (RL), which limits development to 4.0 units per gross acre. Therefore, the maximum allowable development on the subject 7.31-acre parcel would be no more than 29 residential units. Proposed Future Land Use Plan designation (include a density/intensity definition): The proposed land-use designation for the 7.31-acre site is Professional Office (PO), which allows maximum lot coverage of 35% of the site and a maximum building height of 36 feet. The land development regulations may further restrict intensities. Present zoning of site (include a density/intensity definition): The subject site currently has a zoning designation of Residential Low Density-3 (RL-3), which permits 6.7 units per acre and a 2-story, 36-foot building height. Under the present zoning designation, approximately 48 units could be developed, with possible further restrictions by the land development regulations. Proposed zoning of site (include a density/intensity definition): The proposed zoning classification for the entire 7.31-acre site is Planned Unit Development (PUD) Overlay with an underlying zoning designation of Professional Office (PO). The maximum allowable development under the proposed zoning designation is the same as that allowed under the proposed land-use designation, or 35% maximum lot coverage and a 36-foot building height. The site will be further restricted by the land development regulations. Present Development of Site: The 7.31-acre site is presently vacant. Proposed Development of the Site, if known (number of dwelling units, commercial square footage, industrial square footage, other proposed usage and intensity): The proposed development will consist of approximately 111,448 square feet of professional office building use. Is proposed change a Development of Regional Impact? No. Comprehensive Plan Change Processing: Date/Time/Location Scheduled for Local Planning Agency Public Hearing: September 25, 2007 (tentative) at 6:30 p.m. in the Council Chambers at 10500 N. Military Trail, Palm Beach Gardens, Florida 34410. Date/Time/Location Scheduled for Governing Body Public Hearing: November 25, 2007 (tentative) at 7:00 p.m. in the Council Chambers at 10500 N. Military Trail, Palm Beach Gardens, Florida 33410. Scheduled Date for Transmittal to DCA: December 1, 2007 (tentative) 1 ORDINANCE 15, 2009 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA ADOPTING A SMALL-SCALE 6 AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN 7 ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 8 163, FLORIDA STATUTES, SPECIFICALLY SECTION 9 163.3187(1)(c), ET SEQ., FLORIDA STATUTES, WHICH PROVIDES 10 FOR AN AMENDMENT TO THE CITY'S FUTURE LAND USE MAP 11 DESIGNATING ONE (1) PARCEL OF REAL PROPERTY 12 COMPRISING APPROXIMATELY 7.31 ACRES, MORE OR LESS, IN 13 SIZE AS "(PO) PROFESSIONAL OFFICE"; SUCH PARCEL OF 14 LAND IS LOCATED AT THE SOUTHWEST CORNER OF THE 15 INTERSECTION OF PGA BOULEVARD AND BALLENISLES DRIVE, 16 INFORMALLY KNOWN AS "BALLENISLES WEST OUTPARCEL"; 17 PROVIDING FOR COMPLIANCE WITH ALL REQUIREMENTS OF 18 CHAPTER 163, FLORIDA STATUTES; PROVIDING A CONFLICTS 19 CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN 20 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 21 22 23 WHEREAS, the City of Palm Beach Gardens has received a privately initiated 24 application from E.W. Outparcels, LLC, owner of the subject property, for a small-scale 25 amendment to the Comprehensive Land Use Plan of the City of Palm Beach Gardens, 26 as more specifically described in Exhibit "A" attached hereto and incorporated herein; 27 and 28 29 WHEREAS, the City recognizes that providing this parcel with a Land Use 30 Designation of Professional Office will provide the most appropriate land use 31 designation for the site; and 32 33 WHEREAS, on January 27, 2009, the Planning, Zoning, and Appeals Board, 34 sitting as the duly constituted Local Planning Agency for the City, recommended 35 approval of the proposed amendment to Future Land Use Map of the Comprehensive 36 Plan of the City; and 37 38 WHEREAS, the City Council finds that the subject amendment is consistent with 39 the City's Comprehensive Plan; and 40 41 WHEREAS, the City Council finds that the subject amendment is consistent with 42 Sections 163.3184 and 163.3187, Florida Statutes; and 43 44 WHEREAS, the City Council acknowledges that this amendment is subject to the 45 provisions of Sections 163.3184(9) and 163.3189, Florida Statutes, and that the City 46 shall maintain compliance with all provisions thereof; and Ordinance 15,2009 1 WHEREAS, the City has received public input and participation through public 2 hearings before the Local Planning Agency and the City Council in accordance with 3 Section 163.3181, Florida Statutes; and 4 5 WHEREAS, the City Council has determined that adoption of this Ordinance is in 6 the best interest of the citizens and residents of the City of Palm Beach Gardens. 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 9 OF PALM BEACH GARDENS, FLORIDA that: 10 11 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 12 13 SECTION 2. The Future Land Use Map of the City's Comprehensive Plan is 14 hereby amended, as set forth in accordance with Exhibit "A" attached hereto and 15 incorporated herein, for the following described real property: 16 17 LEGAL DESCRIPTION: 18 19 PARCEL 13.01 (WEST PARCEL) 20 21 A PARCEL OF LAND SITUATE IN SECTION 11, TOWNSHIP 42 SOUTH, RANGE 42 22 EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, 23 PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY 24 DESCRIBED AS FOLLOWS: 25 26 BOUNDED ON THE NORTH BY THE SOUTH RIGHT-OF-WAY LINE OF PGA 27 BOULEVARD AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION 28 RIGHT-OF-WAY MAP, SECTION 93471-2301 AND BY THE RIGHT-OF-WAY TAKEN 29 BY THE FLORIDA STATE TURNPIKE AUTHORITY PURSUANT TO THE FINAL 30 JUDGMENT RECORDED IN MINUTES OF THE CIRCUIT COURT BOOK 70, PAGE 31 352; BOUNDED ON THE EAST BY THE WEST LINE OF TRACT ER-1, AS SHOWN 32 ON PLAT ONE OF HANSEN-JDM, ACCORDING TO THE PLAT THEREOF AS THE 33 NORTH LINE OF TRACTS GC-1, GC-2, AND W-1, AS SHOWN ON SAID PLAT ONE 34 OF HANSEN-JDM; AND BOUNDED ON THE WEST BY THE EAST RIGHT-OF-WAY 35 LINE OF FLORIDA'S TURNPIKE. 36 37 LESS AND EXCEPT THAT PORTION THEREOF CONVEYED TO NORTHERN PALM 38 BEACH COUNTY WATER CONTROL DISTRICT BY THE RIGHT-OF-WAY DEED 39 RECORDED IN OFFICIAL RECORDS BOOK 7819, PAGE 1433, PUBLIC RECORDS 40 OF PALM BEACH COUNTY, FLORIDA. 41 42 AND LESS AND EXCEPT THAT PORTION THEREOF CONVEYED TO MACARTHUR 43 HOLDING A, INC. BY THE QUIT-CLAIM DEED RECORDED IN OFFICIAL RECORDS 44 BOOK 11367, PAGE 35, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 45 46 COMPRISING 7.31 ACRES, MORE OR LESS. 2 Ordinance 15,2009 1 SECTION 3. This amendment shall provide for a development intensity restriction 2 by designating on the City's Future Land Use Map for the subject property the following 3 notation: The maximum intensity is limited to no more than 111,448 square feet of 4 general office, or the equivalent number of net trips. 5 6 SECTION 4. All ordinances or parts of ordinances in conflict be and the same are 7 hereby repealed. 8 9 SECTION 5. Should any section or provision of this Ordinance or any portion 10 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 11 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 12 13 SECTION 6. The City's Growth Management Administrator is hereby directed to 14 transmit the proposed Comprehensive Plan Amendment to the Department of 15 Community Affairs of the State of Florida and other appropriate public agencies, and 16 upon adoption of this Ordinance is further directed to ensure that this Ordinance and all 17 other necessary documents are forwarded to the Florida Department of Community Affairs 18 and other agencies in accordance with Section 163.3184(3), Florida Statutes. 19 20 SECTION 7. This amendment shall become effective thirty-one days after 21 adoption. If this amendment is challenged within thirty days after adoption, it shall not 22 become effective until the state land planning agency or the Administration 23 Commission, respectively, issues a final order determining the adopted small-scale 24 development amendment is in compliance. 25 26 27 (The remainder of this page left intentionally blank) 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 3 Ordinance 15,2009 1 PASSED this day of , 2009, upon first reading. 2 3 4 PASSED AND ADOPTED this day of , 2009, upon 5 second and final reading. 6 7 CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT 8 9 10 BY: _ 11 Joseph R. Russo, Mayor 12 13 14 David Levy, Vice Mayor 15 16 17 Eric Jablin, Councilmember 18 19 20 Jody Barnett, Councilmember 21 22 23 Robert G. Premuroso, Councilmember 24 25 26 ATTEST: 27 28 29 BY: 30 Patricia Snider, CMC, City Clerk 31 32 33 APPROVED AS TO FORM AND 34 LEGAL SUFFICIENCY 35 36 37 BY: 38 R. Max Lohman, Interim City Attorney 39 .� 40 41 42 43 44 45 46 47 G:\attorney_share\ORDINANCES\2009\Ordinance 15 2009-ballenisles outparcel.docx 4 Ordinance 15,2009 EXHIBIT "A" '' 1;.;. i;c411;1 A ;, . . , ,:,ry # `y - �.. •" :14,r''."7"ft".......i.,...... .._,_. ' _ ' 1$1°1 14 ,r,,,,,- 14i-C ' 0 r ` 4 or .. - • .*^+ ., PGA BOULEVARD Aft l 4 • i t '' SUBJECT PROPERTY '� .1 4 *It • • t it Mr 1 g ` M • . 1 i' • O . ' nB it Copyright(•,.�O(1,9 Cit;r•of Palm Beach Gardens, FL .1 0 1 I229ft "----ti CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: April 2, 2009 Resolution 33, 2009 SUBJECT/AGENDA ITEM Resolution 33, 2009: PGA Corporate Center (Parcel 5A) — Concurrent Processing Request: A request by Jeffrey P. Marshall, of Catalfumo Construction & Development, on behalf of the PGA North II of Florida, LLC, to allow the concurrent processing of a Comprehensive Plan Text Amendment increasing the DRI Office Standards, a Planned Community District (PCD) amendment or a Planned Unit Development (PUD) application, and Site Plan approval for an 86.34- acre parcel, referred to as "Parcel 5A," generally bounded by PGA Boulevard to the south, Alternate AlA to the east, the Interstate 95 right-of-way and Military Trail to the west, and the Winchester Courts and Garden Woods residential developments to the north. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: Council Action: Growth Management: Finance [ ] Approved Int- ' . Ci ,/Attorney: Project oak Administrator: [ ] Approved w/conds. Manager N/A [ ] Denied 1 ' •. Max Lohman Martin Schneider, Allan Owens [ ] Postponed AICP Development Compliance: [ ] Continued to: Senior Accountant: NA—. Planning Manager Bahareh K. Wolfs,AICP Natalie Wong,AICP N/A Tresha Thomas Growth Management Ad 'nistr toy [ ] Quasi—Judicial Fees Paid: [X]Yes [ ]Legislative Kara . Irwin, AICP [ ]Public Hearing Attachments: Advertised: Budget Acct.#: • Project Application [ ] Required N/A • Resolution 33,2009 Approved By: [X] Not Required • Concurrent City Mana • Processing —7 . Affected Parties: Agreement [X] Not Required Ronald .Fe , s Meeting Date:April 2,2009 Resolution 33,2009 EXECUTIVE SUMMARY The subject petition is a request to allow the concurrent processing of a Comprehensive Plan Text Amendment increasing the DRI Office Standards, a Planned Community District (PCD) amendment or a Planned Unit Development (PUD) application, and Site Plan approval for an 86.34- acre parcel, referred to as "Parcel 5A," generally bounded by PGA Boulevard to the south, Alternate AlA to the east, the Interstate 95 right-of-way and Military Trail to the west, and the Winchester Courts and Garden Woods residential developments to the north. The applicant is proposing to amend its existing PCD approval for 600,000 square feet (s.f.) of Light Industrial and 240,000 s.f. of General Office, to provide 450,000 s.f. of General Office, 450,000 of Research and Development, and a 260 room hotel. In addition, both the original approval and the proposals include allowance of accessory retail commercial use. Site plan approval for the overall master plan and some or all of the individual building sites is also part of the proposal. CONCURRENT PROCESSING Section 78-44 of the City's Land Development Regulations, entitled Concurrent processing, establishes the following criteria that should be considered by the City Council in determining whether or not to allow the concurrent processing of development applications. (1)Comprehensive plan amendment(CPA). If a CPA is proposed,whether the proposal: a. Will result in a land-use which is incompatible with surrounding uses, including land uses within and outside the city's municipal boundaries; Staff Analysis: Although a Comprehensive Plan map amendment is not proposed, a Comprehensive Plan text amendment is requested to change the DRI threshold for Office. The text amendment increases the Office DRI threshold only for appropriate sites within the Bio-science Research Protection Overlay (BRPO) as determined by criteria based on location, land use designation, availability of adequate public facilities, access to major transportation systems, and sufficient parcel size. The text amendment is designed to encourage economic development for sites meeting these criteria within the City. The existing land-use designation of Parcel 5A is Industrial (I). The proposal will not amend the future land use designation and the site will retain its Industrial designation. b. Has been the subject of an objection raised via the Interlocal Plan Amendment Review Committee(IPARC) or the Countywide Issues Forum; and Staff Analysis: The proposed comprehensive plan amendments were transmitted to IPARC, the Town of Jupiter, the City of Riviera Beach, the Town of Lake Park, the Town of Mangoria Park, the Town of Juno Beach, and Palm Beach County on January 18, 2007. Upon request, the City provided copies of the applicant's submitted materials to the Town of Jupiter on October 29, 2008. To date, the City has not received any objections in writing to the requested comprehensive plan text amendment from IPARC or any of the surrounding communities. 2 Meeting Date:April 2,2009 Resolution 33,2009 c. The proposed CPA is consistent with and furthers the goals set forth in the City's "vision statement," entitled "Our Vision-A Strategic Plan" dated December 5, 1996. Staff Analysis: The proposed text amendment will promote economic development within the City in areas best suited for additional office development. The City's vision statement calls for locating urban uses within the urban service area. The BRPO district is located entirely within the City's urban service area. The vision also states the importance of attracting new businesses, which would enhance the City. This amendment would make it easier for future businesses to locate in the City. The proposal increases the mix and intensity of uses, and the proposed master plan indicates several outdoor gathering areas within the research and development park. Because of these elements of the proposed text amendment and the applicant's proposal, it is staff's professional opinion that the proposed amendment is consistent with the City's Vision Statement. (2) DRI, PCD, or PUD application. Whether an application for approval of a DRI, PCD, or PUD, or amendment thereto, has received an objection from a neighboring jurisdiction that has been raised through the development review committee process. Staff Analysis: To date, the City has not received any objections in writing from a neighboring jurisdiction. (3) Level of service. Whether an application for approval of a DRI, PCD, or PUD, or amendment thereto, complies with adopted level of service standards or complies with the City's concurrency requirements. Staff Analysis: A concurrency request for the proposal was approved by the County and City for traffic impacts. Other concurrency issues (water, sewer, drainage, etc.) will be reviewed as part of the PDC amendment or PUD application review. (4) City benefit. Whether concurrent processing will benefit the City and will not cause an undue burden or adverse impact to the City. Staff Analysis: It is staff's professional opinion that the concurrent processing of the development order application and comprehensive plan amendment for the subject site will benefit the City by providing the City to a more comprehensive review of the project. The request for concurrent processing will not cause an undue burden or have an adverse impact to the City. STAFF RECOMMENDATION The subject request to allow for the concurrent processing of a Comprehensive Plan Text Amendment increasing the DRI Office Standards, a Planned Community District (PCD) amendment or a Planned Unit Development (PUD) application, and Site Plan review satisfies the criteria for consideration as set forth in Section 78-44 of the City's LDRs, entitled Concurrent Processing. Staff recommends APPROVAL of Resolution 33, 2009. 3 1 2 RESOLUTION 33, 2009 3 4 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 6 BEACH GARDENS, FLORIDA ALLOWING THE CONCURRENT 7 PROCESSING OF A COMPREHENSIVE PLAN TEXT AMENDMENT 8 INCREASING THE DRI OFFICE STANDARDS, A PLANNED 9 COMMUNITY DISTRICT (PCD) AMENDMENT OR A PLANNED UNIT 10 DEVELOPMENT (PUD) APPLICATION, AND SITE PLAN 11 APPROVAL FOR THE APPROXIMATELY 86.34-ACRE PARCEL, 12 REFERRED TO AS "PARCEL 5A," GENERALLY BOUNDED BY 13 PGA BOULEVARD TO THE SOUTH, ALTERNATE AlA TO THE 14 EAST, THE INTERSTATE 95 RIGHT-OF-WAY AND MILITARY 15 TRAIL TO THE WEST, AND THE WINCHESTER COURTS AND 16 GARDEN WOODS RESIDENTIAL DEVELOPMENTS TO THE 17 NORTH; APPROVING A CONCURRENT PROCESSING 18 AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR 19 OTHER PURPOSES. 20 21 22 WHEREAS, the City of Palm Beach Gardens has received an application 23 (CCPR-09-02-06) from Jeffery P. Marshall of Catalfumo Construction & Development, 24 on behalf of the PGA North II of Florida, LLC, to allow the concurrent processing of a 25 Comprehensive Plan Text Amendment increasing the DRI Office Standards, a Planned 26 Community District (PCD) amendment or a Planned Unit Development (PUD) 27 application, and Site Plan approval for an 86-acre parcel generally bounded by PGA 28 Boulevard to the south, Alternate A1A to the east, the Interstate 95 right-of-way and 29 Military Trail to the west, and the Winchester Courts and Garden Woods residential 30 developments to the north; and 31 32 WHEREAS, Section 78-44, Code of Ordinances, entitled Concurrent processing, 33 establishes criteria that should be considered by the City Council in determining 34 whether or not to accept or process concurrent development applications; and 35 36 WHEREAS, the Growth Management Department has reviewed the request for 37 concurrent processing and determined that it satisfies the aforesaid criteria; and 38 39 WHEREAS, the City Council has determined that the concurrent review of a 40 Comprehensive Plan Text Amendment increasing the DRI Office Standards, and a 41 Planned Community District (PCD) amendment or a Planned Unit Development (PUD) 42 application for an 86-acre subject site will allow the Applicant to present a full picture of 43 the development plan to the Planning, Zoning, and Appeals Board and the City Council; 44 and 45 46 Resolution 33, 2009 1 WHEREAS, the City Council has determined that a concurrent processing 2 agreement is in the best interest of the City, and is attached hereto and incorporated 3 herein; and 4 5 WHEREAS, the City Council has determined that adoption of this Resolution is in 6 the best interest of the citizens and residents of the City of Palm Beach Gardens. 7 8 9 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 10 OF PALM BEACH GARDENS, FLORIDA that: 11 12 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 13 14 SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby 15 approves a request to allow the concurrent processing of a Comprehensive Plan Text 16 Amendment increasing the DRI Office Standards, and a Planned Community District 17 (PCD) amendment or a Planned Unit Development (PUD) application, for the 86-acre 18 parcel, as more particularly described below: 19 20 LEGAL DESCRIPTION: 21 22 A PARCEL OF LAND LYING IN SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 23 EAST AND SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43 EAST, WITHIN THE 24 MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH 25 COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS 26 FOLLOWS: 27 28 BEGINNING AT THE SOUTHEAST CORNER OF PLAT NO. 4 OF THE CITY OF PALM 29 BEACH GARDENS, AS RECORDED IN PLAT BOOK 27, PAGES 4 THROUGH 6 OF 30 THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE 31 S83°25'37"W ALONG THE SOUTH LINE OF SAID PLAT NO. 4, A DISTANCE OF 32 529.39 FEET TO A POINT OF CURVE CONCAVE TO THE SOUTHEAST HAVING A 33 RADIUS OF 1509.76 FEET AND A CENTRAL ANGLE OF 21°49'00"; THENCE 34 CONTINUE ALONG SAID SOUTH LINE AND ALONG THE ARC OF SAID CURVE A 35 DISTANCE OF 574.88 FEET; THENCE 561°36'37"W ALONG SAID SOUTH LINE, A 36 DISTANCE OF 165.00 FEET TO A POINT IN THE SOUTHEAST LINE OF THE PLAT 37 OF WINCHESTER COURTS, AS RECORDED IN PLAT BOOK 37, PAGES 153 38 THROUGH 155, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE 39 S28°23'18"E ALONG THE SOUTHEAST LINE OF SAID PLAT OF WINCHESTER 40 COURTS, A DISTANCE OF 42.00 FEET; THENCE S61°36'42"W ALONG THE SOUTH 41 LINE OF SAID PLAT OF WINCHESTER COURTS, A DISTANCE OF 982.55 FEET, 42 TO THE POINT OF CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 43 917.90 FEET AND A CENTRAL ANGLE OF 20°23'47"; THENCE CONTINUE ALONG 44 SAID SOUTH LINE AND ALONG THE ARC OF SAID CURVE A DISTANCE OF 326.76 45 FEET; THENCE N88°29'44"W ALONG SAID SOUTH LINE, A DISTANCE OF 53.78 46 FEET TO A POINT OF NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST 2 Resolution 33, 2009 1 HAVING A RADIUS OF 959.90 FEET, A CENTRAL ANGLE OF 06°27'28" AND A 2 RADIUS POINT WHICH BEARS S50°50'08"E; THENCE CONTINUE ALONG SAID 3 SOUTH LINE AND ALONG THE ARC OF SAID CURVE A DISTANCE OF 108.19 4 FEET; THENCE S30°32'24"E ALONG THE EAST LINE OF A PARCEL FOR 5 ADDITIONAL RIGHT-OF-WAY DEED TO THE FLORIDA DEPARTMENT OF 6 TRANSPORTATION IN OFFICIAL RECORD BOOK 4255, PAGE 424, PUBLIC 7 RECORDS OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 434.03 FEET: 8 THENCE S22°47'16 1W ALONG THE SOUTH LINE OF SAID PARCEL, A DISTANCE 9 OF 186.01 FEET TO A POINT IN THE EAST RIGHT-OF-WAY LINE OF STATE ROAD 10 NO. 9 (INTERSTATE HIGHWAY 1-95) AS SHOW ON THE DEPARTMENT OF 11 TRANSPORTATION RIGHT-OF-WAY MAP, DRAWING NO. 93220-2407 DATED 12- 12 22-65; THENCE S30°32'24"E ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 325.19 13 FEET TO THE POINT OF CURVE CONCAVE TO THE NORTHEAST HAVING A 14 RADIUS OF 1041.64 FEET AND A CENTRAL ANGLE OF 32°50'08"; THENCE 15 CONTINUE ALONG SAID RIGHT-OF-WAY LINE AND ALONG THE ARC OF SAID 16 CURVE A DISTANCE OF 596.95 FEET TO A POINT IN THE NORTHERLY LIMITED 17 ACCESS RIGHT-OF-WAY LINE FOR SAID INTERSTATE HIGHWAY 1-95 AS 18 DESCRIBED IN OFFICIAL RECORD BOOK 3663, PAGE 559 OF THE PUBLIC 19 RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE N62°11'21"E ALONG 20 SAID NORTHERLY LINE, A DISTANCE OF 1404.18 FEET TO THE NORTHWEST 21 CORNER OF THE NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT 22 PARCEL AS DESCRIBED IN OFFICIAL RECORD BOOK 11810, PAGE 1162, PUBLIC 23 RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE N51°06'35"E ALONG 24 THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 165.70 FEET; THENCE 25 N60°41'11"E ALONG SAID NORTH LINE, A DISTANCE OF 295.15 FEET TO THE 26 POINT OF CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 562.66 27 FEET AND A CENTRAL ANGLE OF 56°01'42"; THENCE CONTINUE ALONG SAID 28 NORTH LINE AND ALONG THE ARC OF SAID CURVE A DISTANCE OF 550.21 29 FEET TO A POINT IN THE WEST LINE OF THE FLORIDA EAST COAST RAIL ROAD 30 RIGHT-OF-WAY AS DESCRIBED IN DEED BOOK "K", PAGE 346, PUBLIC 31 RECORDS OF DADE (NOW PALM BEACH) COUNTY, FLORIDA; THENCE 32 N14°05'35"W ALONG SAID WEST LINE, A DISTANCE OF 666.17 FEET TO THE 33 POINT OF CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 2914.93 FEET 34 AND A CENTRAL ANGLE OF 06°43'50"; THENCE CONTINUE ALONG SAID WEST 35 LINE AND ALONG THE ARC OF SAID CURVE A DISTANCE OF 342.42 FEET TO 36 THE POINT OF BEGINNING. 37 38 CONTAINING 3,760,975 SQUARE FEET OR 86.34 ACRES, MORE OR LESS. 39 40 SECTION 3. This approval shall be consistent with all presentations made by the 41 Applicant or Applicant's agent at any workshop or public hearing. 42 43 SECTION 4. This Resolution shall become effective immediately upon adoption. 44 45 46 3 Resolution 33,2009 1 PASSED AND ADOPTED this day of , 2009. 2 3 4 CITY OF PALM BEACH GARDENS, FLORIDA 5 6 7 8 BY: 9 Joseph R. Russo, Mayor 10 ATTEST: 11 12 13 14 BY: 15 Patricia Snider, CMC, City Clerk 16 17 18 APPROVED AS TO FORM AND 19 LEGAL SUFFICIENCY 20 21 22 23 BY: 24 R. Max Lohman, Interim City Attorney 25 26 27 VOTE: AYE NAY ABSENT 28 29 MAYOR RUSSO 30 31 VICE MAYOR LEVY 32 33 COUNCILMEMBER JABLIN 34 35 COUNCILMEMBER BARNETT 36 37 COUNCILMEMBER PREMUROSO 38 39 40 41 42 43 44 45 46 47 G:\attorney_share\RESOLUTIONS\2009\resolution 33 2009-concurrent processing-parcel 5a.docx 4 CONCURRENT PROCESSING AGREEMENT THIS CONCURRENT PROCESSING AGREEMENT ("Agreement") is made this day of , 2009, by and between the CITY OF PALM BEACH GARDENS, a Florida municipal corporation ("City"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and PGA North II of Florida, LLC (the "Applicant"), whose address is 4300 Catalfumo Way North, Palm Beach Gardens, FL 33410. RECITALS WHEREAS, the City is empowered to and authorized to enter into this Agreement pursuant to Section 78-44, Code of Ordinances; and WHEREAS, Daniel S. Catalfumo, on behalf of PGA North II of Florida, LLC, is the owner of the subject Property, which is described in Exhibit "A," attached hereto and incorporated herein; and WHEREAS, the Applicant desires to submit an application for concurrent processing of a Comprehensive Plan Text Amendment ("CPTA") and Planned Community District ("PCD") or Planned Unit Development ("PUD") application; and WHEREAS, the Applicant acknowledges and agrees that the review and approval of the CPTA must occur prior to, or concurrent with, approval of the aforementioned PCD or PUD approval; and WHEREAS, the Applicant acknowledges that the City shall not commence concurrent processing of a PCD or PUD application until the CPTA is deemed sufficient and is otherwise found complete by the City; and WHEREAS, the Applicant acknowledges and agrees that it is proceeding at its own risk with such concurrent processing. The PCD or PUD Development Order is contingent upon the final approval of the CPTA. The PCD/PUD approval will not be effective before final action is taken by the City Council regarding the CPTA and when the appeal periods have expired; and WHEREAS, the City and the Applicant acknowledge and agree that concurrent review of the CPTA and PCD/PUD application will result in a more comprehensively planned project, as more particularly set forth herein, and that allowing such concurrent review is in the best interests of the City and the Applicant; and WHEREAS, the City finds, as a matter of fact, that processing of the CPTA concurrently with the PCD/PUD application is consistent with Resolution 148, 1996 of the City of Palm Beach Gardens, Florida. NOW, THEREFORE, the City and the Applicant hereby agree as follows: 1. RECITATIONS. The recitations, statements, and agreements set forth above are acknowledged by the City and the Applicant to be true and correct statements and agreements, and are incorporated as a substantive and material part of this Agreement. 2. CONCURRENT PROCESSING. The PCD/PUD application shall be reviewed and processed concurrently with the CPTA for the subject Property. 3. SUFFICIENCY OF APPLICATIONS. The, City shall not commence reviewing the PCD/PUD until all requirements of the City's Land Development Regulations, including, but not limited to, submission requirements, have been complied with for the PCD/PUD application. 4. CITY'S PARTICIPATION. The Applicant acknowledges and agrees that the City's participation in this Concurrent Processing Agreement is intended to ensure the overall master planning of the Property and in no way obligates or binds the City to approve, or approve with conditions and/or modifications, either application without recourse as a result of this Agreement. 5. EXPENSES/NO RELIANCE. The Applicant agrees and acknowledges that it is proceeding "at its own risk" by processing the applications concurrently and may not recover from the City any costs or expenses associated therewith in reliance upon this Agreement. 6. TERM. This Agreement shall continue for a period of twelve (12) months unless earlier terminated by the City in the event planning and zoning issues remain unresolved in the concurrent processing of the CPTA and the PCD/PUD approval applications after the expiration of the twelve (12) month period. A one-time six (6) month extension may be granted by the Growth Management Administrator. 7. IPARC. Additionally, should a formal written objection to the CPA application be filed through the Intergovernmental Plan Amendment Review Committee (IPARC) pursuant to that Interlocal Agreement entered into by the City pursuant to Resolution 81, 1993, concurrent processing will terminate until such time as the formal written objection has been withdrawn or resolved. 2 8. COMPLIANCE. The Applicant acknowledges and agrees that concurrent processing as approved by the City Council shall at all times be contingent upon compliance with all provisions of Section 78-44, Code of Ordinances and other relevant policies and ordinances, and that failure to so comply with said policies and ordinances shall result in the termination of concurrent processing. 9. AMENDMENTS. This Agreement may be amended only by mutual written consent of the parties. 10. SUCCESSORS IN INTEREST. This Agreement and any rights and responsibilities hereunder are binding and inure to the benefit of the City and the Applicant, as well as their respective successors in interests and assigns, which may succeed to or be assigned partial or whole interest. 11. RECORDING. After the City Council has approved this Agreement, the City shall cause this Agreement to be recorded with the Clerk of the Circuit Court in Palm Beach County. The Applicant will be responsible for the costs of recording same. 12. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida, and judicial review and jurisdiction or any actions between the parties to this Agreement shall be in Palm Beach County, Florida. 13. WAIVER. To the extent permitted by law, the Applicant hereby waives any right to sue the City of any matters associated with this Agreement. (The remainder of this page left intentionally blank) 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth above. CITY OF PALM BEACH GARDENS, a Florida municipal corporation By: Eric Jablin, Mayor ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: 4 . . ..�tl Roe R•sillo, A sst. City Attorney PGA NORT. II OF FLORIDA, LLC ,a-Z / „„,-- .4-1011° Daniel S. Catalf7 anaging Member (CORP•RATE SEAL) WITNESSES: BY: 4 Amite Print 7-: "Waft._ -iii , 1;La By: f� 1-t/ Print ame: S{--/pia G:\attorney_share\AGREEMENTS\concurrent processing agree_Parcel 5A.docx 4 EXHIBIT "A" LEGAL DESCRIPTION DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST AND SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43 EAST,WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF PLAT NO. 4 OF THE CITY OF PALM BEACH GARDENS, AS RECORDED IN PLAT BOOK 27, PAGES 4 THROUGH 6 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE S83°25'37'W ALONG THE SOUTH LINE OF SAID PLAT NO. 4, A DISTANCE OF 529.39 FEET TO A POINT OF CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 1509.76 FEET AND A CENTRAL ANGLE OF 21°49'00'; THENCE CONTINUE ALONG SAID SOUTH LINE AND ALONG THE ARC OF SAID CURVE A DISTANCE OF 574.88 FEET; THENCE S61°36'37"W ALONG SAID SOUTH LINE, A DISTANCE OF 165.00 FEET TO A POINT IN THE SOUTHEAST LINE OF THE PLAT OF WINCHESTER COURTS, AS RECORDED IN PLAT BOOK 37, PAGES 153 THROUGH 155, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE S28°23'18"E ALONG THE SOUTHEAST LINE OF SAID PLAT OF WINCHESTER COURTS, A DISTANCE OF 42.00 FEET; THENCE S61°36'42'W ALONG THE SOUTH LINE OF SAID PLAT OF WINCHESTER COURTS, A DISTANCE OF 982.55 FEET, TO THE POINT OF CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 917.90 FEET AND A CENTRAL ANGLE OF 20°23'47"; THENCE CONTINUE ALONG SAID SOUTH LINE AND ALONG THE ARC OF SAID CURVE A DISTANCE OF 326.76 FEET; THENCE N88°29'44"W ALONG SAID SOUTH LINE, A DISTANCE OF 53.78 FEET TO A POINT OF NON TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 959.90 FEET, A CENTRAL ANGLE OF 06°27'28"AND A RADIUS POINT WHICH BEARS S50°50'08"E; THENCE CONTINUE ALONG SAID SOUTH LINE AND ALONG THE ARC OF SAID CURVE A DISTANCE OF 108.19 FEET; THENCE S30°32'24"E ALONG THE EAST LINE OF A PARCEL FOR ADDITIONAL RIGHT OF WAY DEED TO THE FLORIDA DEPARTMENT OF TRANSPORTATION IN OFFICIAL RECORD BOOK 4255, PAGE 424, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 434.03 FEET: THENCE S22°47'16"W ALONG THE SOUTH LINE OF SAID PARCEL, A DISTANCE OF 186.01 FEET TO A POINT IN THE EAST RIGHT OF WAY LINE OF STATE ROAD NO. 9 (INTERSTATE HIGHWAY I-95)AS SHOW ON THE DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP, DRAWING NO. 93220-2407 DATED 12-22-65; THENCE S30°32'24"E ALONG SAID RIGHT OF WAY, A DISTANCE OF 325.19 FEET TO THE POINT OF CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 1041.64 FEET AND A CENTRAL ANGLE OF 32°50'08"; THENCE CONTINUE ALONG SAID RIGHT OF WAY LINE AND ALONG THE ARC OF SAID CURVE A DISTANCE OF 596.95 FEET TO A POINT IN THE NORTHERLY LIMITED ACCESS RIGHT-OF-WAY LINE FOR SAID INTERSTATE HIGHWAY I-95 AS DESCRIBED IN OFFICIAL RECORD BOOK 3663, PAGE 559 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE N62°11'21"E ALONG SAID NORTHERLY LINE, A DISTANCE OF 1404.18 FEET TO THE NORTHWEST CORNER OF THE NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT PARCEL AS DESCRIBED IN OFFICIAL RECORD BOOK 11810, PAGE 1162, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE N51°06'35"E ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 165.70 FEET; THENCE N60°41'11"E ALONG SAID NORTH LINE, A DISTANCE OF 295.15 FEET TO THE POINT OF CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 562.66 FEET AND A CENTRAL ANGLE OF 56°01'42"; THENCE CONTINUE ALONG SAID NORTH LINE AND ALONG THE ARC OF SAID CURVE A DISTANCE OF 550.21 FEET TO A POINT IN THE WEST LINE OF THE FLORIDA EAST COAST RAIL ROAD RIGHT OF WAY AS DESCRIBED IN DEED BOOK"K", PAGE 346 , PUBLIC RECORDS OF DADE (NOW PALM BEACH) COUNTY, FLORIDA; THENCE N14°05'35"W ALONG SAID WEST LINE, A DISTANCE OF 666.17 FEET TO THE POINT OF CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 2914.93 FEET AND A CENTRAL ANGLE OF 06°43'50"; THENCE CONTINUE ALONG SAID WEST LINE AND ALONG THE ARC OF SAID CURVE A DISTANCE OF 342.42 FEET TO THE POINT OF BEGINNING. CONTAINING 3,760,975 SQUARE FEET OR 86.34 ACRES, MORE OR LESS. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: April 2,2009 Ordinance 27,2008 Subject/Agenda Item: 10-Year Water Supply Facilities Work Plan CPTA-08-08-000014: Comprehensive Plan Text Amendments Second Public Hearing and Adoption: A City-initiated request for amendments to the Future Land Use, Infrastructure, Conservation, Intergovernmental Coordination, and Capital Improvement elements of the City's Comprehensive Plan, providing for the 10-Year Water Supply Facilities Work Plan as required by Chapter 163, Part II, Section 163.3177 F.S. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Finance: City Council Action: [ ]Approved Growth Management Growth Management: Costs: N/A [ ]App.w/conditions Administrator: Total [ ]Denied 4),...„ Long Range.Planning [ ]Rec.approval Manager N/A [ ]Rec.app.w/conds. Kara L. Irwin,AICP Nilsa Zacarias,AICP Current FY [ ]Rec.Denial [ ] Continued to: Funding Source: Action: Attachments: City Attorney �►� h' Y [ ]Quasi-judicial [ ] Operating R.Max Lohm n, sq. Legislative[}�] Le g [X]Other • Public Notice [X] Public Hearing • Ordinance 27,2008 • Data and Analysis 10-Year Water Budget Acct.#: Supply Facilities N/A Work Plan Approved By: vertised: Date:3/16/09 yejf Paper:Palm Beach Post Ronald . Fe s [ ] Not Required City Manage Affected Parties: [ ]Notified [X] Not Required Meeting Date:April 2,2009 Ordinance 27,2008 Page 2 of 7 EXECUTIVE SUMMARY Chapter 163, Part II, Section 163.3177 F.S., requires local governments to prepare and adopt Water Plans into their comprehensive plans by August 15, 2008. According to state guidelines,the Work Plan and the comprehensive plan amendment must address the development of traditional and alternative water supplies, bulk sales agreements, conservation and reuse programs that are necessary to serve existing and new developments for at least a 10-year planning period. Staff has coordinated with Seacoast Utility Authority (SUA) to develop the proposed Comprehensive Plan text amendments in accordance with Florida Statutes 163.3177 and 163.3184. At the October 14, 2008, meeting the Planning, Zoning and Appeals Board voted unanimously (7-0) to approve the recommended amendments. At the November 20, 2008, first public hearing the City Council voted unanimously (5-0) to transmit the proposed 10-Year Water Supply Facilities Work Plan to the Department of Community Affairs (DCA). DCA reviewed the proposed amendments for consistency with Rule 9J-5, Florida Administrative Code, and Chapter 163, Part II, Florida Statutes, and issued the Objections, Recommendations, and Comments Report(ORC). The ORC report identifies four objections, and its related recommendations. The ORC report presents the following recommendations: A. Revise the Water Supply Service Area Map to clearly read the service area, as well as the date, north arrow, and other geographic features. B. Revise the amendment to include a policy in the Intergovernmental Coordination Element to update the City's 10-Year Water Facilities Work Plan within 18 months after the South Florida Water Management District updates the Lower East Coast Regional Water Supply Plan Update. C. Revise the Intergovernmental Coordination Element to include objective and policies to ensure a meaningful process for collaborative planning between the City and the Seacoast Utility Authority. D. Revise the Capital Improvement Element to include objective and policies to ensure a meaningful process for collaborative planning on capital improvement planning between the City and the Seacoast Utility Authority. Staff has reviewed the proposed 10-Year Water Supply Facilities Work Plan according to the ORC report, and included a new set of policies following DCA's recommendations. Staff also has coordinated with DCA to ensure that the proposed new policies comply with Florida Statutes. BACKGROUND The purpose of the Palm Beach Gardens's 10-Year Water Supply Facilities Work Plan is to identify and plan for the water supply sources, and facilities needed to serve existing and new development within the local government's jurisdiction. Chapter 163, Part II, Section 163.3177 F.S., requires local governments to prepare, and adopt Water Plans into their comprehensive plans within 18 months after the water management district approves a regional water supply plan or its update. Meeting Date: April 2,2009 Ordinance 27,2008 Page 3 of 7 The Lower East Coast Water Supply Plan Update was approved by the South Florida Water Management District on February 15, 2007; therefore, local governments within the Lower East Coast jurisdiction were required to adopt a related Water Supply Facilities Work Plan (WSFWP) and supportive amendments to their comprehensive plans by August 15, 2008. Seacoast Utility Authority (SUA) is the water service provider for the City of Palm Beach Gardens, and residents purchase their water directly from SUA. Through the Development Review Committee (DRC) process, the City coordinates with Seacoast to ensure that enough capacity is available for existing and future customers. SUA also ensures that supporting infrastructure, such as the water lines, are adequately maintained. According to state guidelines, the 10-Year Water Supply Facilities Work Plan, and the comprehensive plan amendments must address the development of traditional and alternative water supplies, bulk sales agreements, conservation, and reuse programs that are necessary to serve existing and new development for at least a 10-year planning period. At the October 14, 2008, meeting the Planning, Zoning and Appeals Board voted unanimously (7-0) to approve the recommended amendments. At the November 20, 2008, first public hearing the City Council voted unanimously (5-0)to transmit the proposed 10-Year Water Facilities Work Plan to the Department of Community Affairs (DCA). DCA reviewed the proposed amendments for consistency with Rule 9j-5, Florida Administrative Code, and Chapter 163, Part II, Florida Statutes, issued the Objections, Recommendations, and Comments report (ORC). The ORC report identifies four objections, and its related recommendations. The ORC report presents the following recommendations: A. Revise the Water Supply Service Area Map to clearly read the service area, as well as the date, north arrow and other geographic features. B. Revise the amendment to include a policy in the Intergovernmental Coordination Element to updates the City's 10-Year Water Supply Facilities Work Plan within 18 months after the South Florida Water Management District update the Lower East Coast Regional Water Supply Plan Update. C. Revise the Intergovernmental Coordination Element to include objectives and policies to ensure a meaningful process for collaborative planning between the City and the Seacoast Utility Authority. D. Revise the Capital Improvement Element to include objective and policies to ensure a meaningful process for collaborative planning on capital improvement planning between the City and the Seacoast Utility Authority. Staff has reviewed the proposed 10-Year Water Supply Facilities Work Plan according to the ORC report, and included a new set of policies following DCA's recommendations. Staff has also coordinated with DCA to ensure that the proposed new policies comply with Florida Statutes. Meeting Date: April 2,2009 Ordinance 27,2008 Page 4 of 7 SUMMARY OF CHANGES TO THE COMPREHENSIVE PLAN All the Comprehensive Plan amendments related to the 10-Year Water Supply Facilities Work Plan are presented with double underline, and the amendments related to the ORC report following DCA recommendations are bold and italic. Future Land Use Policy 1.2.1.10.: The City shall continue to coordinate with Palm Beach Coun 's De.artment of Environmental Resource Management to ensure that incompatibilities with the Palm Beach County Wellfield Protection Ordinance do not occur when reviewing applications for land use changes. Policy 1.2.1.11.: The City shall coordinate with Seacoast Utility Authority the review of all land use change applications to ensure the availability of adequate water supplies. Policy 121 12 • The City shall update the 10-Year Water Supply Facilities Work Plan at the time of the Evaluation and Appraisal Report. Infrastructure Element Policy 4.D.1.1.8.: The City shall coordinate with Seacoast Utility Authori and Palm Beach Coun in• �- ._ - .. '•1. . l 1 .. . •. is •• - 1 . , '1. an i -1 w' h- •' - i - of h- Lower East Coast Water Supply Plan. •• • ' ' • : •- •••- • • -• ••• . 16 4011 . -..r 1 - 1. •• .r,. . - 1- - 0- . .r . - -r . • .1 F, • A • , ' . ! e' - • -n. -6 . i w. .. - and the regional water supply plan. Policy 4.D.1.1.10.:.The 10-Year Water Supply Facilities Work Plan is hereby adopted b reference in the 'V ' sell - 1 -n i - ' no im•l- - -4 . . s. ", • hers_ - 1. ,l w, - r • -r Policy 4.D.2.2.3.: The City shall adopt a 10-Year Water Supply Facilities Work Plan and related amendments within 18 months of the District's adoption of the Lower East Coast Water Supply Plan Update. Conservation Element Policy 6 1 1 9 • The City shall actively participate in the formulation and implementation of water supply •• "r . '•l . .•r. • ' - -1..-. • . .. ._., 4 . . ., • • i•-rip. 1- kiu P' •W" Coast Regional Water Supply Plan. Policy 6.1.1.10.: The City shall coordinate with Seacoast Utility Authori to implement potable water conservation programs established as part of its 10-Year Water Supply Facilities Work Plan and Consumptive Use Permit. Meeting Date:April 2,2009 Ordinance 27,2008 Page 5 of 7 Policy 6.1.1.11.: The City shall cooperate with Seacoast Utility Authority in the development and implementation of water reuse programs,to the extent that they may apply to Palm Beach Gardens. Intergovernmental Element Policy 8.1.4.6.: The City shall continue requiring that all applicants for development approval procure written confirmation of potable water capacity from Seacoast prior to the issuance of a development order, Policy 8.1.4.7.: The City shall update the 10-Year Water Supply Facilities Work Plan and confirm the availability of water for existing, new development and redevelopment at the time of the required Evaluation and Report; this should be consistent with the SFWMD's Lower East Coast Regional Water Supply Plan, and the 10-Year Water Supply Facility Plans of Seacoast Utility Authority and Palm Beach County. Policy 8.4.7.: The City shall adopt a 10-Year Water Supply Facilities Work Plan and related amendments within 18 months after the South Florida Water Management District updates the Lower East Coast Water Supply Plan Update. Policy 8.4.8.: The City shall ensure a meaningful process for collaborative planning and intergovernmental coordination on a continuing and ongoing basis on water supply issues with Seacoast Utility Authority. Coordination could include sharing of information regarding water supply needs, updating bulk sales projections, implementing alternative water supply projects, and establishing level of service standards. Capital Improvements Element Policy 9.1.1.4.: A development order shall be issued based on written confirmation of potable water capacity from Seacoast. Further, prior to the approval of a building permit, the applicant shall provide to the City a written documentation of potable water service reservation issued by Seacoast to determine whether adequate water supply will be available. Policy 9.1.1.5.: The City shall coordinate on a continuing and ongoing basis with Seacoast Utility Authority on Capital Improvement Planning related to water supply to ensure water supply availability. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN This process is in accordance with Florida Statutes 163.3177 and 163.3184. CONSISTENCY WITH PALM BEACH COUNTY COMPREHENSIVE PLAN The proposed comprehensive plan amendments are consistent with the overall Goals and Objectives within the Palm Beach County Comprehensive Plan. Meeting Date: April 2,2009 Ordinance 27,2008 Page 6 of 7 CONSISTENCY WITH THE STRATEGIC REGIONAL POLICY PLAN At the February 20, 2009 meeting, Treasure Coast Regional Planning Council found the proposed amendments to be CONSISTENT with its Strategic Regional Policy Plan. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN (CHAPTER 187, Florida Statutes) The proposed 10-Year Water Facilities Work Plan amendments are consistent with Chapter 163.3191, Florida Statutes. NEARBY LOCAL GOVERNMENT COMMENTS/OBJECTIONS On October 3, 2008, the Palm Beach County Intergovernmental Plan Amendment Review (IPARC) was notified of the proposed amendments as a courtesy to our neighboring communities. The comprehensive plan amendments were transmitted to the Town of Jupiter, the City of Riviera Beach, the Town of Lake Park, the Town of Mangonia Park, the Town of Juno Beach, Palm Beach County, and Treasure Coast Regional Planning Agency after the transmittal public hearing. Staff has not received comments or objections from these local governments and agencies. PLANNING,ZONING AND APPEALS BOARD The Planning, Zoning and Appeals Board (PZAB) heard the Comprehensive Plan text amendments related to the 10-Year Water Supply Plan at the October 14, 2008, meeting and voted unanimously(7-0) to approve the staff recommended amendments. During the meeting, the public acknowledged that the 10-Year Water Supply Facilities Work Plan is based on current future land use designations for the Western area; and expressed their concern with future developments that may require an increased water capacity. Staff notes that the 10-Year Water Supply Facility Work Plan is based on current future land use designations. Staff also explained that any development initiative that proposes to amend the current future land use in the Western area (RR-10 and RR-20) would need to address and meet water concurrency requirements. CITY COUNCIL At the November 20, 2008 first public hearing the City Council voted unanimously (5-0) to transmit the proposed 10-Year Water Facilities Work Plan to the Department of Community Affairs (DCA). Council members had the following comments and questions: • Are any restrictions on development with zone 1 and zone 2 of the wellfield protection area? Staff expressed that our Land Development Regulations address this by providing restrictions for hazardous materials. Meeting Date: April 2,2009 Ordinance 27,2008 Page 7 of 7 • Is the population of the future annexation areas considered in this 10-Year Water Facilities Plan? Although the City's future annexation area is part of the Seacoast service area, the population of the future annexation area is not included in this 10-Year Water Supply Facilities Work Plan. Also, it is part of the process to coordinate water availability with Seacoast before an area is annexed into the City. It was also commented that by transmitting the 10-Year Water Supply Facilities Work Plan to DCA, the City's EAR-based Comprehensive Plan will be in compliance with Florida Statutes. STAFF RECOMMENDATION Staff recommends APPROVAL of Ordinance 27, 2008, which provides for the adoption of the proposed text amendment to the City's Comprehensive Plan. A)2,151(1-) CC, (-11D109 NO.3979580 • CITY OF PALM BEACH GARDENS NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the City Council of the City of Palm Beach Gardens, •Florida will conduct a Public Hearing on April 2,2009,at 7:00 p.m.,or as soon there- after as can be heard,at the Municipal Complex Building located at 10500,North Military Trail,Palm Beach Gardens,Florida regarding: -ORDINANCE 27,2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH, GARDENS, FLORIDA AMENDING JTS COMPRE-. HENSIVE DEVELOPMENT PLAN TO ADOPT•THE CITY'S 10-YEAR WATER' FACILITIES WORK PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN SECTIONS 163. 3177 AND 163.3184,ET SEQ., FLORIDA'STAT- UTES.PROVIDING FOR A COMPREHENSIVE UP- DATE TO THE FUTURE LAND USE,INFRASTRUC- TURE,CONSERVATION, INTERGOVERNMENTAL COORDINATION, AND CAPITAL IMPROVEMENT ELEMENTS,AFFECTING THE PAGINATION IN EACH AMENDED ELE- MENT AND INCLUDING REVISED TEXT NECES- SARY TO UPDATE THE DATA AND ANALYSIS OF THE COMPREHENSIVE PLAN;PROVIDING THAT, THE TEXT,AS AMENDED' OR REVISED,SHALL BE SUBSTITUTED FOR AND' REPLACE THE,EXISTING TEXT IN ALL AMENDED' ELEMENTS:PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLAN- NING AGENCY;PROVID- ING A CONFLICTS CLAUSE,A SEVERABILITY CLAUSE-,AND AUTHOR- ITY TO CODIFY; PRO- VIDING AN EFFECTIVE DATE;AND FOR OTHER PURPOSES. • ' Second Public Hearing and Adoption:A City-initiated amendment to the Future •Land,Use,Infrastructure, Conservation;Intergovern- mentalCoordination,and. Capital.Improvement ele- ments of the City's Compre- hensive Plan,providing for the 10-Year Water Supply Facilities Work Plan as required by Chapter 163, Part II,Section 163.3177, Florida Statutes. All members of the public are invited to attend and partici- pate in this public hearing. All documents pertaining to. this Ordinance may be inspected by the public in the Growth Management Department(561-799-4243) located at the Municipal Complex Building during regular business hours, Monday through Friday, 8:00 a.m. -5:00 p.m., except for holidays. PLEASE TAKE NOTICE AND BE ADVISED that it any interested party wishes to appeal any decision made by the City Council with respect,to any matter considered at this public hearing,such interested persons will need a record of the proceedings and may need to ensure that a ver- batim.record is made, 'including the testimony and evidence upon Which the appeal is to be based. • In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,persons with disabilities needing special accommodations-in order to participate in this pprocee din g are entitled to the provision of certain assistance at no cost. Please call the City.Clerk's Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is .tdgaireUire'das. ea impaired sistanceFor h.please ring call the Florida Relay Ser- vice Numbers: 800-955- 8771 (TDD(or 800-955- 8770(VOICE). Patricia Snider,CMC. NO. 3417006R NOTICE OF COMPREHENSIVE DEVELOPMENT PLAN TEXT f-titer; CHANGES co 11 The City of kPalm ,B.each �Gardens proposes to adopt, the. following Ordinances: ORDINANCE 27, 2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY'OF PALM BEACH GARDENS, FLORIDA AMENDING ITS COMPREHENSIVE DEVELOPMENT PLAN TO ADOPT THE CITY'S 10-YEAR WATER FACILITIES WORK PLAN, IN ACCORDANCE WITH THE MANDATES o SET FORTH IN SECTIONS 163.3177 AND 163.3184, ET SEQ., FLORIDA STATUTES_ PROVIDING FOR A COMPREHENSIVE UPDATE TO THE FUTURE LAND USE, INFRASTRUCTURE, CONSERVATION, INTERGOVERNMENTAL COORDINATION AND CAPITAL • IMPROVEMENT ELEMENTS, AFFECTING THE PAGINATION IN EACH AMENDED ELEMENT AND INCLUDING REVISED TEXT NECESSARY L TO UPDATE THE DATA AND ANALYSIS OF THE COMPREHENSIVE-4. m PLAN; PROVIDING THAT THE TEXT, AS AMENDED OR REVISED, ' El SHALL BE SUBSTITUTED FOR AND REPLACE THE EXISTING TEXT IN ALL AMENDED ELEMENTS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING i AN EFFECTIVE DATE;AND FOR OTHER PURPOSES. (FIRST READING AND TRANSMITTAL) d m ORDINANCE 28,2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM _' S- BEACH GARDENS, FLORIDA ADOPTING AN AMENDMENT TO ITS to COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH co 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 Ik UPDATE TABULAR DATA IN THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING THAT THE TEXT AND DATA,AS AMENDED OR REVISED, SHALL BE SUBSTITUTED, 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. (SECOND READING AND ADOPTION) PLEASE TAKE NOTICE that Public Hearings of the Ordinances referenced above adopting text amendments to the City of Palm Beach Gardens comprehensive development plan will be held on November 20, 2008,at 7:00 p.m.,or as soon thereafter cis can be heard,at the Municipal Complex Building located at 10500 North Military Trail,Palm Beach Gardens,Florida.This public hearing may be continued from time to time and place to place as necessary. A copy of the comprehensive development plan amendment applications and the Ordinances proposed for First Reading can be inspectec and copied by the public in the Growth Management Department(561-799-4243)located at the Municipal Complex Building during regular business hours, Monday through t Friday,8:00 a.m. -5:00 p.m.,except or holidays. All interested persons are encouraged to come to the public hearing and be heard. PLEASE TAKE NOTICE AND BE ADVISED that if any interested person decides to appeal any decision made by the City Council with respect to`any matter considered at this meeting or hearing, he or she will need to insure that a verbatim record of the proceedings is made,which record should include the testimony and"evidence from which the appeal is to be based.The City of Palm Beach Gardens does not provide such a record. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk's Office at 561-799-4122 no later than 5 days prior to the public hearing if such assistance is required. For hearing impaired assistance please call the Florida Relay Service Numbers: 800-955-8771 (TDD)or 800-955-8770(VOICE). Patricia Snider,-CMC,City Clerk Publication Date: November 5, 2008 1 ORDINANCE 27, 2008 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AMENDING ITS COMPREHENSIVE 6 DEVELOPMENT PLAN TO ADOPT THE CITY'S 10-YEAR WATER 7 FACILITIES WORK PLAN IN ACCORDANCE WITH THE MANDATES 8 SET FORTH IN SECTIONS 163.3177 AND 163.3184, ET SEQ., 9 FLORIDA STATUTES, PROVIDING FOR A COMPREHENSIVE 10 UPDATE TO THE FUTURE LAND USE, INFRASTRUCTURE, 11 CONSERVATION, INTERGOVERNMENTAL COORDINATION, AND 12 CAPITAL IMPROVEMENT ELEMENTS, AFFECTING THE PAGINATION 13 IN EACH AMENDED ELEMENT AND INCLUDING REVISED TEXT 14 NECESSARY TO UPDATE THE DATA AND ANALYSIS OF THE 15 COMPREHENSIVE PLAN; PROVIDING THAT THE TEXT, AS 16 AMENDED OR REVISED, SHALL BE SUBSTITUTED FOR AND 17 REPLACE THE EXISTING TEXT IN ALL AMENDED ELEMENTS; 18 PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING 19 AGENCY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY 20 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE 21 DATE; AND FOR OTHER PURPOSES. 22 23 24 WHEREAS, the State Legislature of the State of Florida has mandated that all 25 municipalities draft and adopt comprehensive development plans to provide thorough 26 and consistent planning with regard to land within their corporate limits; and 27 28 WHEREAS, all amendments to the Comprehensive Development Plan must be 29 adopted in accordance with detailed procedures which must be strictly followed; and 30 31 WHEREAS, Section 163.3177, Florida Statutes, requires that local governments 32 amend their Comprehensive Plans within eighteen (18) months of the water 33 management district's approval of a regional water supply plan or an update to such 34 plan; and 35 36 WHEREAS, such amendment must identify water supply projects and 37 conservation and reuse necessary to meet the water needs identified in Section 38 373.0361(2)(a), Florida Statutes, within the local government's jurisdiction; and 39 40 WHEREAS, the City of Palm Beach Gardens, Florida has carefully prepared an 41 amendment to its Comprehensive Development Plan to update it pursuant to Section 42 163.3177, Florida Statutes, in order to provide text amendments or revisions in 43 conformance therewith; and 44 45 46 Ordinance 27, 2008 1 WHEREAS, the City of Palm Beach Gardens has held all duly required public 2 hearings — both prior to submission of the proposed amendment of the plan to the State 3 Department of Community Affairs and after the proposed amendment of the plan was 4 returned to the City of Palm Beach Gardens, in accordance with Section 163.3184, 5 Florida Statutes; and 6 7 WHEREAS, the City Council desires to adopt the amendment to the current 8 Comprehensive Development Plan to guide and control the future development of the 9 City, and to preserve, promote, and protect the public health, safety, and welfare. 10 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 13 OF PALM BEACH GARDENS, FLORIDA that: 14 15 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 16 17 SECTION 2. The 10-Year Water Facilities Work Plan Amendments to the City of 18 Palm Beach Gardens Comprehensive Plan, attached as Exhibit "A" and made a part 19 hereof and of the current Comprehensive Development Plan is hereby by adopted. This 20 amendment specifically provides comprehensive amendments to the Future Land Use, 21 Infrastructure, Conservation, Intergovernmental Coordination, and Capital Improvement 22 Elements of the Comprehensive Plan in conformance with the mandates set forth at 23 Section 163.3177, Florida Statutes, which affects the pagination of certain elements; all 24 as specifically set forth in Exhibit "A". The text as amended and adopted in Exhibit "A" 25 shall be substituted for and replace the previously-adopted text in the amended 26 elements. 27 28 SECTION 3. A copy of the Comprehensive Development Plan, as amended, shall 29 be kept on file in the office of the City Clerk, City of Palm Beach Gardens, Florida. 30 31 SECTION 4. The City Growth Management Administrator is hereby directed to 32 transmit three (3) copies of the amendment to the current Comprehensive Development 33 Plan to the State Land Planning Agency, along with a copy to the Treasure Coast 34 Regional Planning Council, and to any other unit of local government who has filed a 35 written request for a copy, within ten (10) working days after adoption, in accordance with 36 Section 163.3184(7), Florida Statutes. 37 38 SECTION 5. All ordinances or parts of ordinances in conflict be and the same are 39 hereby repealed. 40 41 SECTION 6. Should any section or provision of this Ordinance or any portion 42 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 43 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 44 45 46 2 Ordinance 27, 2008 1 SECTION 7. The effective date of this plan amendment shall be the date a final 2 order is issued by the Department of Community Affairs or Administration Commission 3 finding the amendment in compliance in accordance with Section 163.3184(1)(b), Florida 4 Statutes, whichever occurs earlier. No development orders, development permits, or land 5 uses dependent on this amendment may be issued or commence before it has become 6 effective. If a final order of noncompliance is issued by the Administration Commission, 7 this amendment may nevertheless be made effective by adoption of a resolution affirming 8 its effective status, a copy of which resolution shall be sent to the Department of 9 Community Affairs, Division of Community Planning, Plan Processing Team. 10 11 12 (The remainder of this page left intentionally blank) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 3 Ordinance 27, 2008 1 PASSED this a0 `day of p v tovi g cot. , 2008, upon first reading. 2 3 PASSED AND ADOPTED this day of , 2009, upon 4 second and final reading. 5 6 7 CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT 8 9 10 BY: _ 11 Joseph R. Russo, Mayor 12 13 14 David Levy, Vice Mayor 15 16 17 Eric Jablin, Councilmember 18 19 20 Jody Barnett, Councilmember 21 22 23 Robert G. Premuroso, Councilmember 24 25 26 ATTEST: 27 28 29 BY: 30 Patricia Snider, CMC, City Clerk 31 32 33 APPROVED AS TO FORM AND 34 LEGAL SUFFICIENCY 35 36 37 BY: 38 R. Max Lohman, Interim City Attorney 39 40 41 42 43 44 45 46 47 G:\attorney_share\ORDINANCES\2008\Ordinance 27-2008-CompPlan-WaterSupplyElement.doc 4 Ordinance 27, 2009 EXHIBIT "A" March 2009 Ciiiiiikispeach Gardens • -4411111W_ '44114_ t - a Fri 10-Year Water Supply acilities Work Plan City of Palm Beach Gardens Water Supply Facilities Work Plan ^<< TABLE OF CONTENTS 1.0 INTRODUCTION 1 .1 Statutory History 1 .2 Statutory Requirements 2.0 BACKGROUND INFORMATION 2.1 Overview 2.2 Relevant Regional Issues 3.0 DATA AND ANALYSIS 3.1 Water Source 3.2 Population Projection 3.3 Public Water Supply Demand Projection and Level of Service Standard 3.4 Conservation and Reuse/Reclaimed 4.0 WORK PLAN PROJECTS/ CAPITAL IMPROVEMENT ELEMENT/ SCHEDULE 4.1 Service Area Initiatives 4.2 Work Plan Projects 5.0 COMPREHENSIVE PLAN UPDATE REQUIREMENTS 5.1 Future Land Use Element 5.2 Infrastructure Element 5.3 Conservation Element 5.4 Intergovernmental Element 5.5 Capital Improvement Element 2 March 2009 City of Palm Beach Gardens Water Supply Facilities Work Plan h. 1/21-1:':!:ii LIST OF MAPS Map 1 , Annexations 1960 — 2006 Map 2, Seacoast Utility Authority current service area including the corporate limits of the City of Palm Beach Gardens Map 3, Seacoast Utility Authority current service area including interconnections LIST OF PHOTOS Photo 1 , Seacoast Water Tower @ Hood Road Facility Photo 2, View from atop Hood Road Elevated Storage Tank (Looking Northwest) Photo 3, Aerial view of Richard Road Water Plant Photo 4, Aerial view of Hood Road Water Plant Photo 5, Existing Hood Road Lime Softening Unit Photo 6, Surficial aquifer well Photo 7, PGA Regional Reclamation Facility Photo 8, Proposed Membrane Treatment Facility LIST OF TABLES Table 1 , Total Seacoast Current and Projected Water Supply and Demand Table 2, Total Seacoast Current and Projected Water Demand by Source Table 3, Population Projections Table 4, Scripps Florida Phase II/Briger DRI Proposed Phasing Plan Table 5, Scripps Florida Phase Il/Briger DRI Projected Water Flow Calculations Table 6, Palm Beach Gardens Projected Finished Water Demand Table 7, Palm Beach Gardens Reclaimed Water Contracts Table 8, Seacoast Interconnections Table 9, Seacoast Utility Authority Current and Projected Water Supply Table 10, Seacoast Utility Authority LEC Recommended Capital Improvements LIST OF ACRONYMS DRC - Development Review Committee EAR — Evaluation and Appraisal Report SUA — Seacoast Utility Authority (Seacoast) SFWMD - South Florida Water Management District LEC — Lower East Coast MGD — Million Gallons per Day CUP — Consumptive Use Permit TAZ — Traffic Analysis Zone WTP — Water Treatment Plant GPCD — Gallons Per Capita Per Day 3 March 2009 LZ_ City of Palm Beach Gardens Water Supply Facilities Work Plan r ,1 ', ', 1.0 INTRODUCTION The purpose of the Palm Beach Gardens Water Supply Facilities Work Plan is to identify and plan for the water supply sources and facilities needed to serve existing and new development within the local government's jurisdiction. Chapter 163, Part II, Section 163.3177 F.S., requires local governments to prepare and adopt Water Plans into their comprehensive plans within 18 months after the water management district approves a regional water supply plan or its update. The Lower East Coast Water Supply Plan Update was approved by the South Florida Water Management District on February 15, 2007, therefore, the local governments within the Lower East Coast jurisdiction were required to adopt a related Water Supply Facilities Work Plan (WSFWP) and supportive amendments to their comprehensive plans by August 15, 2008. Residents of the City of Palm Beach Gardens purchase their water directly from Seacoast Utility Authority (Seacoast). Through the Development Review Committee (DRC) process the City of Palm Beach Gardens (The City) coordinates with Seacoast to ensure that enough capacity is available for existing and future customers, and Seacoast ensures that supporting infrastructure, such as the water lines, are adequately maintained. The City of Palm Beach Gardens Water Supply Facilities Work Plan (hereinafter the Work Plan) will reference Seacoast's projections. According to state guidelines, the Work Plan and the comprehensive plan amendment must address the development of traditional and alternative water supplies, bulk sales agreements, and conservation and reuse programs that are necessary to serve existing and new development for at least a 10-year planning period. The City's Work Plan will have roughly the same planning time schedule as the Seacoast Utility Authority projections (2025). The City's Work Plan is divided into five sections: Section 1 — Introduction Section 2 — Background Information Section 3 — Data and Analysis Section 4 — Work Plan Projects/Capital Improvement Element/Schedule Section 5 — Comprehensive Plan Update Requirements 1.1 Statutory History The Florida Legislature has enacted bills in the 2002, 2004, and 2005 sessions to address the state's water supply needs. These bills, especially Senate Bills 360 and 444 (2005 legislative session), significantly changed Chapter 163 and 373 Florida Statutes (F.S.) by strengthening the statutory links between the regional water supply plans prepared by the water management districts and the comprehensive plans prepared by local governments. In addition, these bills established the basis for improving coordination between the local land use planning, and water supply planning. 4 March 2009 p,:fm 6w:A Game-Ii�;;T City of Palm Beach Gardens "_i Water Supply Facilities Work Plan 1.2 Statutory Requirements The following highlights the statutory requirements: 1. Coordinate appropriate aspects of its comprehensive plan with the appropriate water management district's regional water supply plan. [163.3177(4)(a), F.S.] 2. Ensure that its future land use plan is based upon availability of adequate water supplies and public facilities and services, [s.163.3177(6)(a), F.S., effective July 1, 2005.] Data and analysis demonstrating that adequate water supplies and associated public facilities will be available to meet projected growth demands must accompany all proposed Future Land Use Map amendments submitted to the Department for review. The submitted package must also include an amendment to the Capital Improvements Element, if necessary, to demonstrate that adequate public facilities will be available to serve the proposed Future Land Use Map modification. 3. Ensure that adequate water supplies and facilities are available to serve new development no later than the date on which the local government anticipates issuing a certificate of occupancy and consult with the applicable water supplier prior to approving building permit, to determine whether adequate water supplies will be available to serve the development by the anticipated issuance date of the certificate of occupancy. [s.163.3180(2)(a), F.S., effective July 1 , 2005] This "water supply concurrency" is now in effect, and local governments should be complying with the requirement for all new development proposals. In addition, local governments should update their comprehensive plans and land development regulations as soon as possible to address these statutory requirements. The latest point at which the comprehensive plan must be revised to reflect the concurrency requirements is at the time the local government adopts plan amendments to implement the recommendations of the Evaluation and Appraisal Report (EAR). 4. For local government subject to a regional water supply plan, revise the General Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Aquifer Recharge Element (the "Infrastructure Element"), within 18 months after the water management district approves an updated regional water supply plan, to: a. Identify and incorporate the alternative water supply project(s) selected by the local government from projects identified in the updated regional water supply plan, or the alternative project proposed by the local government under s. 373.0361(7), F.S. [s. 163.3177(6)(c), F.S.]; b. Identify the traditional and alternative water supply projects, bulk sales agreements, and the conservation and reuse programs necessary to meet current and future water use demands within the local government's jurisdiction [s. 163.3177(6)(c), F.S.]; and 5 March 2009 City of Palm Beach Gardens ;=j1; Water Supply Facilities Work Plan c. Include a water supply facilities work plan for at least a 10-year planning period for constructing the public, private, and regional water supply facilities identified in the element as necessary to serve existing and new development. [s. 163.3177(6)(c), F.S.] Amendments to incorporate the water supply facilities work plan into the comprehensive plan are exempt from the twice-a-year amendment limitation. [s. 163.3177(6)(c), F.S.] 5. Revise the Five-Year Schedule of Capital Improvements to include any water supply, reuse, and conservation projects and programs to be implemented during the five-year period. 6. To the extent necessary to maintain internal consistency after making changes described in Paragraph 1 through 5 above, revise the Conservation Element to assess projected water needs and sources for at least a 10-year planning period, considering the appropriate regional water supply plan, the applicable District Water Management Plan, as well as applicable consumptive use permit(s). [s.163.3177(6)(d), F.S.] If the established planning period of a comprehensive plan is greater than ten years, the plan must address the water supply sources necessary to meet and achieve the existing and projected water use demand for established planning period, considering the appropriate regional water supply plan. [s.163.3167(13), F.S.] 7. To the extent necessary to maintain internal consistency after making changes described in Paragraphs 1 through 5 above, revise the Intergovernmental Coordination Element to ensure coordination of the comprehensive plan with applicable regional water supply plans and regional water supply authorities' plans. [s.163.3177(6)(h)(1), F.S.] 8. Address in the EAR, the extent to which the local government has implemented the 10- year water supply facilities work plan, including the development of alternative water supplies, and determine whether the identified alternative water supply projects, traditional water supply projects, bulk sales agreements, and conservation and reuse programs are meeting local water use demands. [s.163.3191(2)(1), F.S.] 2.0 BACKGROUND INFORMATION 2.1 Overview On March 20, 1959, John D. MacArthur, multimillionaire insurance magnate and landowner, announced plans to develop approximately 4,200 acres and provide homes for 55,000 people in a new community bounded by Plat 4 (Garden Woods) to the north, Northlake Boulevard (Lake Park West Road) to the south, Prosperity Farms Road to the east and the Turnpike (Sunshine State Parkway) to the west. The City Charter was approved by the State of Florida on June 20, 1959. The land would be developed under his careful supervision. Mr. MacArthur's chosen name for the city was Palm Beach City. However, permission to use that name was denied, so MacArthur, in keeping with his "garden city" plan, decided to call the city 6 March 2009 LL- !i P;in Re City of Palm Beach Gardens ; 1 Water Supply Facilities Work Plan \ Palm Beach Gardens. He wanted this new city to be a place to raise a family and earn a living - to realize the American dream. With this in mind, he set to work carving the City of Palm Beach Gardens from empty miles of dairy cattle grazing land. The City of Palm Beach Gardens has grown steadily during its forty years in existence. Between 1990 and 2000, the City of Palm Beach Gardens' population grew from 22,990 to an estimated 35,058, an increase of approximately three percent annually. In 1999, the John D. and Catherine T. MacArthur Foundation sold approximately 14,000 acres of land including approximately 5,000 acres within the City of Palm Beach Gardens. The City Council, entrusted with the responsibility of ensuring quality development, was able to reach an agreement with the purchasers to manage this new growth. With the sudden land sale by the MacArthur Foundation the City experienced an increased rate of growth in population from an estimated 35,058 in 2000 to an estimated 49,387 in 2007. Map 1 , Annexations 1960 — 2006, presents the current City boundaries. 2.2 Relevant Regional Issues As the state agency responsible for water supply in the Lower East Coast (LEC) planning area, the South Florida Water Management District (SFWMD) plays a pivotal role in resource protection, through criteria used for Consumptive Use Permitting. As pressure increased on the Everglades ecosystem resource, the Governing Board initiated rule making to limit increased allocations dependent on the Everglades system. As a result, the Regional Water Availability Rule was adopted by the Governing Board on February 15, 2007 as part of the SFWMD's Consumptive Use Permit Program. This reduced reliance on the regional system for future water supply needs, mandates the development of alternative water supplies, and increasing conservation and reuse. 3.0 DATA AND ANALYSIS The City of Palm Beach Gardens does not own or operate its own potable water supply system. Rather, potable water facilities and services are provided by Seacoast Utility Authority (Seacoast). Seacoast provides potable water to the City of Palm Beach Gardens as well as unincorporated areas of Palm Beach County, Juno Beach, Lake Park and North Palm Beach. All five entities that receive water and services are members of the Seacoast Governing Board. Map 2 depicts the current Seacoast Utility Authority service area including the corporate limits of the City of Palm Beach Gardens. All responsibilities for the withdrawal, treatment and distribution of potable water to the residents and businesses of Palm Beach Gardens are assumed by Seacoast, including the direct billing of customers. Through the coordinated Development Review Committee (DRC) process Seacoast requires developers to upgrade the capacity of existing system, and/or build 7 March 2009 cn1t�?aim&AO.4 en City of Palm Beach Gardens fi Water Supply Facilities Work Plan *:�� 0, , v �, •t: Alt' new systems to meet their needs. In most cases, upon completion, Seacoast assumes ownership, operation and maintenance responsibilities of all related systems. CA 411110 Photo 1, Seacoast Water Tower @ Hood Road Facility wry' .. 1-.-- 1 i Photo 2, View from atop Hood Road Elevated Storage Tank (Looking Northwest) 8 March 2009 v n Annexation Map 1960 - 2006 Fmk 0, al' 0 13_ co ,\ I Donald Ross Road 0 0 , Fre Cree aus II o/,e e \ Erergrene Creek y Q i \ ,Hood Road •\ ,lii.,to Freud..rmc— 0. --\\ Reser e y.42 V _ +I Old• Q V. j / Z D Mir�sol�=,:/ — ,Regional Center = �/• X 1� .<. ' 5 I ++ r, f') -� i v __ /'' L' , co O L x j — The Oaks i r ,fr —• - Burns Road (0 \aims Rauch I/� //✓- 1 re o n Z I � �I caldiemre- a J N � a ya i. e---fir---- , - , Horseshoe Carden Acres (Yaks Steeplechase i ,' NNN■ -' i > > .:Mara..>w OI ` 1940- 1949 1980- 1983 lass - 2000-2000 —\3 D PALM BEACH GARDENS \1 f k �' 1870-1978 1986- 1387 1949-1999 Current City Boundary : ,' A Signature City - s d t7.. L-=3- . TA,2,1,(-!'GWIEn City of Palm Beach Gardens Water Supply Facilities Work Plan ' 7-7,L Kit s} �"`� 4." 'r° •t"' ' ` N- r r r'+ f� G - i..•_.....r' Q K s f �_`- ,_ !/yam f'.*''''...4 .7.4....'71"‘-*Y ate f, 41^ -tr . 1 t = i \ r . ,, „ • , ^ r ;, _l r.-\.. . r- a 1- 1+14#+. _ . '' )/ Y.-. a1k. 7,:i74 • .L: y� s, . Tr'ai --'- r E lS *416 v � � r�* , �_/ Nif $emsU ;714'i i'.f4'' .f'`- - ,/ a +(,, -f � wT 1 ._.ia q .c 1 �. - r ‘ w • Its ;1 m ; € 1 t i W }N i fir, r.......................................•, ` ` t i O L m ` r F d tt,•- W u Map 2, Seacoast Utility Authority Service Area 10 March 2009 LZ ,...-fP;ra Y.a;r r City of Palm Beach Gardens fi Water Supply Facilities Work Plan „ 4rk 1 ,. 1 Seacoast currently operates two fully interconnected lime-softening water treatment facilities (Richard Road — 7.5 MGD capacity and Hood Road — 23.0 MGD) with a combined finished water treatment peak-day capacity of 30.5 MGD. The systems are fully interconnected and do not have individually assigned service areas. MIA 41;),.to,Hf'l ilif Ilik •% , '�' s :rte P� L / - 1 i \. - "i.--(d.4- : . &. 7, . A 41111 ‘,Ay i 4 Photos 3 & 4, Aerial views of Richard Road and Hood Road Water Plants 1 mammon �s w� � .wMini WI::Mg Zi mo .i. =1141111111e1411111 ihiloLokilor 9 _ <a> r ! Photo 5, Existing Hood Road Lime Softening Unit Water Source According to the Lower East Coast Water Supply Plan (2005-2006 Update), Seacoast currently (2005) withdraws an average of 18.53 MGD of total raw water from the Surficial Aquifer System (SAS) for all customers including Palm Beach Gardens. Current Seacoast plans will result in the use of both the Surficial and Floridan Aquifer Systems in the future. 11 March 2009 City of Palm Beach Gardens Water Supply Facilities Work Plan Mt .a Arc' Projections of raw water supply and finished water demand for Seacoast from the 2005-2006 Update, are presented in Table 1. Projections of finished water demand, by expected supply component are presented in Table 2. Both Tables include the proposed Scripps Florida Phase II/Briger DRI future water demand. Table 1 Total Seacoast Current and Projected Water Supply and Demand Year Raw Water Withdrawal (MGD) Finished Water Demand (MGD) 2005 19.12 18.53 2010 20.64 20.00 2015 25.23 21 .29 2020 26.59 22.38 2025 27.74 23.30 •Demand under average conditions Source: Seacoast utility Authority (09/08) Table 2 Total Seacoast Current and Projected Water Supply by Source Year Biscayne/Surficial Aquifer Floridan Aquifer (MGD) Total (MGD) (MGD) 2005 18.53 0.00 18.53 2015 22.15 3.08 25.23 2025 22.15 5.59 27.74 Source: Seacoast utility Authority(09/08) The current Seacoast Public Water Supply consumptive use permit (CUP-50-00365-W) was renewed by the South Florida Water Management District (SFWMD) in April 2000. In February 2003, this permit was modified for a 5-year period at an average-day allocation of 19.3 MGD, and a peak-day allocation of 26.8 MGD. Seacoast's pending permit renewal seeks an average-day surficial aquifer allocation of 22.2 MGD. It is anticipated that the permit will be renewed during 2008 for a five-year duration to 2013. Raw water is presently drawn from four surficial aquifer wellfields (Hood Road, North Palm Beach, Burma Road and Palm Beach Gardens) pursuant to the current CUP. Each of the 12 March 2009 _CL.. City of Palm Beach Gardens "`''V`rva1 Water Supply Facilities Work Plan . " wellfields has permitted average and maximum daily withdrawal rates established by CUP conditions. Each wellfield has protection zones mapped by the Palm Beach County Department of Environmental Resources Management (DERM). According to the current Consumptive Use Permit (CUP), all wellfields are protected by the Palm Beach County Wellfield Protection Ordinance. Zones of protection are developed and zone requirements enforced by the Palm Beach County Department of Environmental Resources Management. The CUP further states that the potential for induced movement of contaminants from known sources of pollution to occur as a result of the withdrawal of the recommended allocation is considered minimal. *. �' - x !_ Photo 6, Surficial aquifer well 3.2 Population Projection As previously stated between 1990 and 2000, the City of Palm Beach Gardens' population grew steadily from 22,990 to an estimated 35,058. Between 2000 and 2007 there was a greater annual increase in population due to the sale of an additional 5,000 acres of land by the John D. and Katherine T. MacArthur Foundation within the City boundaries and subsequent development. With the recent decline in development, particularly residential development from 2006 to the present, the population growth of the City is expected to be significantly less than during the seven years prior. Population projections supplied by Seacoast include the proposed Scripps Florida Phase II/Briger DRI project. Projections were based on the Palm Beach County 20 Year Water Supply Work Plan data prepared by the Palm Beach County Planning Division using traffic analysis zone (TAZ) data. Table 3 presents projections for the City within the Seacoast service area 13 March 2009 LPL City of Palm Beach Gardens ilk A Water Supply Facilities Work Plan CI; *.} Table 3 Population Projections Resident Population Projections Palm Beach Year Seacoast Service Area* Palm Beach Gardens Share of Gardens** Service Area 2008 95,133 52,127 54.8% 2010 99,712 56,226 56.4% 2015 106,145 61 ,009 57.5% 2020 111 ,606 65,069 58.3% 2025 116,164 67,025 57.7% * Palm Beach County 20-Year Water Supply Work Plan, Table 5-1. Amended to include pending Scripps Phase Ill Briger DRI Application "` Seacoast Utility Authority (09/08) For planning purposes, Seacoast's service area may be divided into two areas, those east of the east leg of the C-18 Canal and those areas west of the C-18 Canal. The east leg of the C- 18 Canal runs north-south from the intersection of the Beeline Highway and Northlake Boulevard from the south, up along the western boundaries of Mirasol (within Palm Beach Gardens) and Old Marsh (within unincorporated Palm Beach County) Developments through the Loxahatchee Slough. Most of the service area east of the C-18 Canal has been developed with the exception of the Briger parcel which has a mixed use future land use category with a Bioscience Research Protection overlay. The Scripps Florida Phase II/Briger DRI is a proposed mixed use master plan community located on approximately 683 acres south of Donald Ross Road, north of Hood Road and east and west of Interstate 95 and east of Florida's Turnpike. The proposed development program includes: 1,600,000 square feet of Biotech Research and Development (Scripps Florida Phase II); 2,400,000 square feet of related biotechnological/biomedical, pharmaceutical, ancillary office space and hotel; 2,700 dwelling units; and 500,000 square feet of retail space. The Scripps Florida Phase II/Briger DRI will have a 30 year build-out timeframe. The phasing schedule, and the projected potable water flow is shown in Tables 4 and 5 respectively. Seacoast's demand and water supply projections (Table 1 and 2) consider the Briger DRI long term water demand. 14 March 2009 City of Palm Beach Gardens `�@ - Water Supply Facilities Work Plan _,: i. 'I- \s, At 'i Table 4 Scripps Florida Phase II i Briger DR Proposed Phasing Plan June 2008 Phase 20K-2013 Phase 20'4-2019 Phase 2019-2023 Fhase 2024.2026 Phase 2029-20233 Phase 2034-2039 Total Gross and 11ce A-.tas Intensity 0c.ns ty Intensity flaneity Intensity Cencit Intersit/ (k!nsiry ke rtsity ilenclry Intensity flit nsity Intensity flenshy aiotech RAD 1Scriops) 73 150,000 250,000 250,000 250.000 251000 450,000 1,600,000 0 3iotcch RID and Ancillary Uses 3iotechR8D 103 150,060 150,C00 150,003 150000 153,000 250,000 1,000,000 0 Office 100,000 200,000 200,003 200000 209.000 300,000 1200,0(0 0 Hotel 20(,0(0 300 200,0(0 0 Residential - 452 800 70( 100 500 0 2,100 Retail Land Use 56 50(,000 500,000 0 Jtiites 5 0 0 Total 683 1,10(1.0(0 1,100_ 500,(00 100 600,00) i 700 600.000_ 500 601000 0 1,000,000 9 4500,0(0 2.7)0 Table 5 Projected Potable Water Flow Calculations Potable Water: Use Gross Acreage Units _ x Flow Rate = Total Flow Scnpps-Biotech 70 1,600,000 S.F. 0.30 gpd''S.F. = 480000 gpd Briger-Biotech/Ancillary: 100 2,400,000 S.F. Office 1,200,000 S.F. 0.15 gpd/S.F.= 180000 gpd Biotech 1,000,000 S.F. 0.30 gpd/S.F.= 300000 gpd Hotel 200,000 S.F. 0.15 gpd/S.F.= 30000 gpd Apartment Site 30 700 Unit 250.00 gpd/Unit= 175000 gpd FPL Site 3 3,000 S.F. 0.05 gpd/SF.= 150 gpd Commercial/Retail 50 500,000 S.F. 0.15 gpd/S.F. = 75000 gpd Residential Multi-Family 150 1,400 Unit 250.00 gpd/Unit= 350000 gpd Residential Single Family 100 600 Unit 300.00 gpd/Unit= 180000 gpd Total Average Daily Flow = 1770150 gpd = 1229.27 gpm Peak Daily Flow(x 2.50) = 4425375 gpd = 3073.18 gym 15 March 2009 _CZ_ City of Palm Beach Gardens Water Supply Facilities Work Plan Future development west of the C-18 Canal is uncertain at this time, and given the current development climate it is unlikely that this area will be built out in this 10-year planning period. However, this Work Plan presents projections considering the Future Land Use category and the total acreage of the remaining undeveloped areas. In the western area approximately 4978 acres remain undeveloped of which approximately 3,384 acres has a Rural Residential RR-10 land use designation (one dwelling unit per ten acres), and approximately 1,404 acres holds with a Rural Residential RR-20 designation (one dwelling unit per twenty acres). Based on this current data, the maximum density on the undeveloped acreage in the western area would be 338 units on the RR10, and 70 units on the RR20 land use respectively. Seacoast's demand and water supply projections (Table 1 and 2) consider the potential water demands for the western area. 3.3 Public Water Supply Demand Projections and Level of Service Standard Palm Beach Gardens adopts Seacoast's average day generation rate of 191 gallons per capita per day (gpcd). For planning purposes, Seacoast uses this average day generation rate, consistent with the current system-wide usage (i.e. CUP 50-00365-W). Seacoast does not employ a non-residential generation rate; rather, all consumption (i.e. for planning purposes) is expressed on a per capita basis. Therefore, for the purposes of this Work Plan, the Seacoast generation rate of 191 gpcd is used to project the City's water demands. Projections of finished water demand for Palm Beach Gardens are presented in Table 6. Projections, supplied by Seacoast, include a "seasonal adjustment" to account for the impacts upon average daily demand of occasional residents. Current (2008) finished potable water demand is estimated at 10.45 MGD (i.e. resident + "seasonal adjustment" population of 54,733 residents x 191 gallons per capita per day), representing approximately 54.8% of the total within the Seacoast service area. It is projected that the City's potable water demand for 2025, using population projections (i.e. resident + "seasonal adjustment" population of 70,376 residents per Table 6) will attain a level of 13.44 MGD by 2025, or approximately 57.7% of the total demand within the Seacoast service area. Palm Beach Gardens will continue coordinating with Seacoast through the Development Review Committee process to estimate and project potable water use and needs throughout the entire service area. 16 March 2009 Prim Reath Lanffnt City of Palm Beach Gardens Water Supply Facilities Work Plan ` • • e Table 6 Palm Beach Gardens Projected Finished Water Demand Palm Beach Gardens Population Projections Potable Water Year Residents Seasonal Demand (MGD)** Adjustment* 2008 52,127 2,606 10.45 2010 56,226 2,811 11 .28 2015 61,009 3,050 12.24 2020 65,069 3,253 13.05 2025 67,025 3,351 13.44 •Seacoast data; October 2008 ** Residents + Seasonal Adjustment x 191 gpcd 3.4 Conservation and Reuse/Reclaimed Seacoast has included an extensive conservation program as part of its CUP, including the following components: • Permanent Irrigation Ordinance — Palm Beach County adopted the Water and Irrigation Conservation ordinance on January 19, 1993. this ordinance, which limits lawn irrigation to the hours of 5 PM to 9 AM, is in effect countywide unless municipalities adopt a landscaping ordinance of their own. • Xeriscape Ordinance — Section 7.3.1 of the Palm Beach County Land Development Code requires that all new landscape plans to promote water conservation by achieving a minimum score on a water conservation point scale. • Ultra-Low Volume Plumbing Fixtures — All five participating governments have adopted the Standard Plumbing Code, 1994 Edition, which provides for maximum flow of volumes for various plumbing fixtures in all new construction. • Water Conservation Rate Structure — on June 1, 1994, Seacoast implanted a rate structure that incorporated inclining block commodity rates. Seacoast has indicated that the rate structure has been successful in encouraging water conservation. • Leak Detection — Seacoast field personnel area trained to identify leaks and has a sonic leak detector. In addition, all accounts are metered and included in a change out program which tests all large meters annually for accuracy and replaces small meters on either a "fixed service life" or "maximum mileage" basis. 17 March 2009 _. Z._ City of Palm Beach Gardens Water Supply Facilities Work Plan Air • Rain Sensors Devices — Currently, all five member governments have code requirements for the installation of rain sensor overrides for new lawn irrigation systems. +. Water Conservation Education Program — Seacoast has an extensive public conservation education program and provides conservation-related pamphlets in its customer lobby. • Reclaimed Water — Seacoast has been providing wastewater effluent for irrigation purposes since 1978. At present, Seacoast's entire average daily wastewater flow is committed to active on-line reclaimed water consumers. An inventory of contracts for reclaimed water in Palm Beach Gardens is presented in Table 5. Seacoast's PGA Regional Water Reclamation Facility is located in Mirasol within Palm Beach Gardens city limits. The facility has a 12.0 MGD capacity and has a current flow of 8.0 MGD. 100% of the daily flow is recycled to 30 large volume uses. Through the City's Development Review Committee (DRC) process the use of rain sensor devices is imposed. Additionally, reclaimed water use is strongly encouraged and is also often imposed as a condition of development. The City will continue its efforts to promote conservation and the use of reclaimed water as an alternative water supply. } `? ■10'x, _ ..� i . PGA WASTE WATER TREATMENT PLANT Seacoast l tility Authorit■ Photo 7, PGA Regional Reclamation Facility 18 March 2009 City of Palm Beach Gardens -t I F Water Supply Facilities Work Plan Air. 4.0 WORK PLAN PROJECTS / CAPITAL IMPROVEMENT ELEMENT/SCHEDULE 4.1 Service Area Initiatives In September 2006, Seacoast entered into a Service Area Agreement (R2005-1769) with Palm Beach County defining the service area boundary between the two providers. Delineation of the service area boundary was intended to eliminate or minimize duplication of facilities, provide for the orderly growth, expansion and extension of respective water, wastewater and reclaimed water utility systems. The Agreement benefited existing and future Seacoast customers by ensuring that most efficient delivery of public utility services. Table 7 Palm Beach Gardens Reclaimed Water Contracts SITE ALLOCATION (MGD) (GPM) ACTIVE SITES AS OF 12/31/07 CLASS A GUARANTEED COMMITMENTS Eastpointe Country Club 0.300 208 Eastpointe Golf and Racquet 0.300 208 Eastpointe Homeowners (Briar Lake) 0.100 69 Frenchmans Creek 0.500 347 Mirasol 1.750 1,215 Mariners Cove 0.100 69 Oak Harbour 0.080 56 Old Port Cove 0.200 139 Frenchmans Reserve 0.800 556 The Isles (Additional 0.1 MGD approved below, awaiting on site engineering) 0.300 208 PGA Boulevard Streetscape 0.040 28 MacArthur (Regional) Center 0.700 486 Old Palm (Through same meter as MacArthur allocation below, total 1.6 MGD) 0.600 417 Subtotal, Class A Agreements 5.770 4,007 MACARTHUR SITES Abacoa (through ENCON interconnect) 1.000 694 Ballenlsles East 0.750 521 Ballenlsles West 0.750 521 The Bears Club (through ENCON interconnect) 0.500 347 Old Palm 1.000 694 Subtotal, MacArthur Sites 4.000 2,778 TOTAL, ACTIVE CLASS A GUARANTEED COMMITMENTS 9.770 6,785 19 March 2009 Arn City of Palm Beach Gardens v3 Water Supply Facilities Work Plan * hi. t,; • :.... ,• • A11, CLASS A COMMITMENTS, CONTRACTED BUT NOT ON LINE Paloma 0.300 208 Southampton 0.039 27 Central Park 0.020 14 The Isles 0.100 69 Crystal Pointe 0.070 49 TOTAL CLASS A COMMITMENTS, CONTRACTED BUT NOT ON LINE 0.529 367 ACTIVE CLASS B NON-GUARANTEED CONTRACTS FPL Monet Substation 0.004 3 Gemini Condominium 0.034 24 Seasons 52 Restaurant 0.055 38 Royale Harbour Condominium 0.040 28 Waterway Terrace Condominium 0.031 22 FPL Administrative Complex 0.055 38 Mirasol Walk 0.055 38 Seamark Condominium 0.020 14 Subtotal, Active Class B Agreements 0.294 204 GRAND TOTAL, SEACOAST RECLAIMED WATER CONTRACTS 10.593 7,356 According to Seacoast, Class B contracts have always received their allocations The pending Seacoast CUP permit renewal, expected to be approved by the South Florida Water Management District during 2008, will ensure adequate water supply through 2013. Further, by implementing the improvements identified in the Lower East Coast Water Supply Plan, 2005-2006 Update (Ref: Table 6), Seacoast will ensure adequate water supply for its service area through 2025, provided that there area no unforeseen impacts upon existing and planned supplies. The Seacoast system is interconnected with the Jupiter and Riviera Beach systems in the event of an emergency shortage. Interconnections are detailed in Table 8 and shown in Map 3 below. In addition, in June 2006, a Utility Bulk Service Agreement (R2006- 0687) was executed with Palm Beach County to provide Seacoast with up to 5 MGD of bulk potable water and bulk wastewater service during an initial term of five years. Seacoast has the option to extend the Bulk Agreement for a period of 25 years at the same capacity level. Table 8 Seacoast Interconnections Entity Size (inches) Capacity (gpm) Location Jupiter 16 4,000 SR 811 and Donald Ross Road Jupiter 10 2,500 US 1 and Ocean Drive Riviera Beach 12 3,500 Military Trail and Leo Lane 20 March 2009 in City of Palm Beach Gardens C± + Water Supply Facilities Work Plan i•1I 1 fir f „jib% MI 2" qb c� El C? m E o d .a 7 x A S P W F 1 4 a a F.�a"`��� �_� r 9 �. �rI", i r'il1 fs,.: ur I:11}(( �+ t Acs 've`'1; Yyti _ �6 I' + r t.11.f1 v t J-7 fii + fit' �.., i $ p jL t 1 M..cc.33. ii .,,`., ,�N• it I ` _ ' 1 -. `• ill t !14 1114-'1-) 11 1 NW 1 L. t I- I � 1 �tx 1 r s i. 1� .- y r 40r- �JI'�+r I._ /` 1i r-fI T -I , __ t� 1 tl `It.' ��Y r �1 .' � I- ref r, x 4 ft!t1 '�!t�xI r al Ir II thill ilit .I. II 41 44- . , }offti 171-T7itf Mil " ' ,'I ii '8sl'i�i111 i '-lilt Itilfl 1 rillinaliiii MN !iiiir Ili ctf I ) r iiiiirilli ilini Iiii 1,"" I: i '; : �. . 21 March 2009 tz _ 'q;,m Reach iieMrr, City of Palm Beach Gardens Water Supply Facilities Work Plan *.11 4.2 Work Plan Projects The Lower East Coast (LEC) 2005-2006 Update recommends two major capital improvement projects for the Seacoast water supply system. • The Hood Road Water Treatment Plant (WTP) Project is for a 4.00 MGD Floridan reverse osmosis (RO) water treatment plant. The SFWMD further proposes to increase this project to yield at least 8.0 MGD of finished water. • Conversion of the 30.0 MGD lime-softening treatment capacity at the Hood Road water treatment project to 26.0 MGD of nanofiltration treatment capacity. Losses in efficiency from the conversion to nanofiltration would be met by the expanded Floridan wells in the first project. The estimated per capita consumption indicates it may be subject to the special water conservation permitting applicable to utilities with a per capita in excess of 200 gallons per capita per day (GPCD). Current and projected water supply and recommended projects for consideration by Seacoast are summarized in Table 9. Since these projects are part of Seacoast capital improvement plan, they are not included in the City's Five-Year Schedule of Improvements. Table 9 CURRENT AND PROJECTED WATER SUPPLY* Actual Projected Item 2005 2015 2025 Population 83,743 106,145 116,164 Per Capita (gallons per day finished water) 211 211 (Note: All potable volumes are finished water unless MGD MGD MGD noted) Potable Water Demands (daily average annual) 18.53 21 .29 23.30 Water Source: Volume from Biscayne/Surficial 18.53 22.15 22.15 Volume from Floridan 0.00 3.08 5.59 Volume from Other 0.00 0.00 0.00 Volume from Reclaimed 0.00 aTBD aTBD Additional Potable Water Needed (after assessing historic use or proposed projects) 0.00 0.00 0.00 Potential for reclaimed water projects to reduce per capita demands or offset some limitations on resource availability for this utility will be examined during the permitting process. *Total Seacoast Service area including Palm Beach Gardens 22 March 2009 City of Palm Beach Gardens 0"4'∎a.- Water Supply Facilities Work Plan ^ - r = * i 4,+ 6; _ tttt • Table 10 PROJECT SUMMARY Alternative Total Total Design Capacity (MGD) Project Description Source Capital 2010 2015 2020 2025 Costs Hood Road WTP RO Brackish $59,000,000 1.60 3.90 5.80 7.30 System — Four Floridan Wells and Two RO Reject Wells Seacoast 4.0 MGD Reclaimed $10,250,600 4.00 4.00 4.00 4.00 Reclaimed Water Treatment Expansion — 2006 Funded Project* * Project was completed in 2006 Source: Lower East Coast Water Supply Plan, 2005-2006 Update In addition to the LEC recommended capital improvements, a December 2005 engineering evaluation found the existing Hood Road and Richard Road WTPs nearing the end of their useful lives. Lime softening was found to be inefficient in meeting today's drinking water standards, requiring expensive and increasingly difficult to purchase chemicals. Additionally, lime softening can not successfully treat brackish Floridan aquifer water. The sludge disposal issue also remains. Membrane technology (nanofiltration/reverse osmosis) was found to be a more efficient alternative for the renewal and replacement of aging infrastructure. It also allows for the use of brackish Floridan aquifer water if needed to meet future water demands with a cleaner recyclable byproduct. In March 2006, the Board approved the proposed system improvement of constructing one 30.5 MGD nanofiltration/reverse osmosis plant at the Hood Road WTP and the demolition of the existing lime softening plants at both Richard Road and Hood Road WTPs. In addition to the nanofiltration conversion additional water supply along with water storage and transmission improvements were also recommended. Water supply improvements include the addition of three Floridan Aquifer wells @ 1500 feet, a raw water main connecting Richard Road, Lilac Street and Hood Road facilities, and raw water booster pumping facilities at the Hood Road wellfield, Lilac Street and Richard Road Water Plant sites. 23 March 2009 City of Palm Beach Gardens , ' Water Supply Facilities Work Plan ' Water storage and transmission improvements include four 2 million gallon ground storage tanks at the Hood Road WTP, one 2 million gallon ground storage tank at the Lilac Street WTP, a finished water main connecting Richard Road and Hood Road facilities and the addition of miscellaneous pumping and control systems at Richard Road and Lilac Street facilities with an overall project cost of $88 Million. Some project elements are currently underway and the entire project completion is anticipated by 2013. 1 _. ��` ,,, ...\\ __ ___ . 9.4N-4, \\.\ ....... . : ., ... • d _ .,, •\ .,.. 00........ ..: --_, , _ . ea. , - ,ll .' - (04 ' JT '..,+.i _:',O. -..., 't .:-',..:'' 1/4',.. \ \ ,, . .:. \ .44 ‘,‘I!II- -..r.-- ` � ,* I ._:i ;_ji :4',_. It '4-4: 1-- i:. .--, I. ! I 11411 -1--. • "\t'il ' .__ vi 16..,._ Ilki% ,t k % „Fir 1 ■■ 1 10 ' 14. . . , i Photo 8, Proposed Membrane Treatment Facility 24 March 2009 rL Bench G.�,Mm flgr2. City of Palm Beach Gardens , - 17 T Water Supply Facilities Work Plan - A . + r is ,2„. t/ 5.0 COMPREHENSIVE PLAN UPDATE REQUIREMENTS All the Comprehensive Plan amendments related to the 10-Year Water Facilities Work Plan are presented with double underline, and the amendments related to the ORC report following DCA recommendations are bold and italic. 5.1. Future Land Use Policy 1.2.1.10.: The City shall continue to coordinate with Palm Beach County's Department of Environmental Resource Management to ensure that incompatibilities with the Palm Beach County Wellfield Protection Ordinance do not occur when reviewing applications for land use changes. Policy 1.2.1.11.: The City shall coordinate with Seacoast Utility Authority the review of all land use change applications to ensure the availability of adequate water supplies. Policy 1.2.1.12.: The City shall update the 10-Year Water Supply Facilities Work Plan at the time of the Evaluation and Appraisal Report. 5.2. Infrastructure Element Policy 4.D.1.1.8.: The City shall coordinate with Seacoast Utility Authority and Palm Beach County in the preparation of their 10-Year Water Supply Facilities Work Plans, consistent with the directives of the Lower East Coast Water Supply Plan. Policy 4.D.1.1.9.: At the time of each required Evaluation and Appraisal Report, the City shall incorporate necessary 10-Year Water Supply Facilities Work Plan directives enacted by its water supplier and the regional water supply plan. Policy 4.D.1.1.10.:.The 10-Year Water Supply Facilities Work Plan is hereby adopted by reference in the City's Comprehensive Plan and implemented by Seacoast Utility Authority, as the local water provider. Policy 4.D.2.2.3.: The City shall adopt a 10-Year Water Supply Facilities Work Plan and related amendments within 18 months of the District's adoption of the Lower East Coast Water Supply Plan Update. 5.3. Conservation Element Policy 6.1.1.9.: The City shall actively participate in the formulation and implementation of water supply conservation programs developed by Seacoast Utility Authority considering the SFWMD's Lower East Coast Regional Water Supply Plan. 25 March 2009 1w1 1 P Im BeaC under;t{:, City of Palm Beach Gardens Water Supply Facilities Work Plan il * ,, • *, Policy 6.1.1.10.: The City shall coordinate with Seacoast Utility Authority to implement potable water conservation programs established as part of its 10-Year Water Supply Facilities Work Plan and Consumptive Use Permit. Policy 6.1.1.11.: The City shall cooperate with Seacoast Utility Authority in the development and implementation of water reuse programs, to the extent that they may apply to Palm Beach Gardens. 5.4. Intergovernmental Element Policy 8.1.4.6.: The City shall continue requiring that all applicants for development approval procure written confirmation of potable water capacity from Seacoast prior to the issuance of a development order. Policy 8.1.4.7.: The City shall update the 10-Year Water Supply Facilities Work Plan and confirm the availability of water for existing. new development and redevelopment at the time of the required Evaluation and Report; this should be consistent with the SFWMD's Lower East Coast Regional Water Supply Plan, and the 10-Year Water Supply Facility Plans of Seacoast Utility Authority and Palm Beach County. Policy 8.4.7.: The City shall adopt a 10-Year Water Supply Facilities Work Plan and related amendments within 18 months after the South Florida Water Management District updates the Lower East Coast Water Supply Plan Update. Policy 8.4.8.: The City shall ensure a meaningful process for collaborative planning and intergovernmental coordination on a continuing and ongoing basis on water supply issues with Seacoast Utility Authority. Coordination could include sharing of inf•rm- ion re•ardin• wa -r su• •l needs u•datin• b 1k ale •ro'ec ions implementing alternative water supply projects, and establishing level of service standards. 5.5. Capital Improvements Element Policy 9.1.1.4.: A development order shall be issued based on written confirmation of potable water capacity from Seacoast. Further, prior to the approval of a building permit, the applicant shall provide to the City a written documentation of potable water service reservation issued by Seacoast to determine whether adequate water supply will be available. Policy 9.1.1.5.: The City shall coordinate on a continuing and ongoing basis with eacoast Utility Authority on Capital Improvement Planning related to water supply to ensure water supply availability. 26 March 2009 CITY OF PALM BEACH GARDENS CITY COUNCIL AGENDA COVER MEMORANDUM Meeting Date: April 2,2009 Petition: CPTA 06-12-000008 Ordinance 3,2009 Subject/Agenda Item: CPTA-06-12-000008 Ordinance 3, 2009: Comprehensive Plan Text Amendment (Future Land Use Element) First Reading and Public Hearing: A request by Jeff Marshall on behalf of Catalfumo Construction and Development, Inc., for a Comprehensive Plan text amendment to the Future Land Use Element to add a definition and provide criteria for areas highly suitable for increased office intensity; and provide policies to increase the DRI thresholds for office, encouraging development that will expand the economic base of the City. [X] Recommendation to APPROVE [ ] Recommendation o DENY Reviewed by: / ; Originating Dept.: Finance Dept.: City Council Action: N/A City Attorney ,A C. Max Lohman, 'sq. Growth Management Allan Owens, [ ]Approved Senior Planner Administrator [ ]App.w/conditions Growth anagement SM [ ] Denied Ad i rator Stephen Mayer Senior Accountant: [ ]Continued to: Kara L. Irwin,AICP By'J ! Attachments: Tresha Thomas • Eligible Property Long Range PI ing Action: Fees Paid: [ ] Groups Location Map Manager [ ] Quasi judicial Date: • Current Future Land Nilsa C.Zacarias, AICP Use&Current Zoning [X] Legislative Designation Maps [X] Public Hearing • BRPO Data&Market Analysis Funding Source: • TEPP Brochure Approved B • ertised: Date: 3/18/09 Operating • Bioscience Overlay [ ] P g Property Descriptions Paper: Palm Beach Post [X] Other NA • Interlocal for BLPAB Ronald M e is [ ] Not Required • Economic City Manag Development Analysis Budget Acct.#: • Public Notice Affected Parties: NA • Ordinance 3,2009 [ ]Notified [X] Not Required Meeting Date: April 2, 2009 Ord. 3,2009/CPTA-06-12-000008 Page 2 of 28 TABLE OF CONTENTS 1. Executive Summary 2. Background a. Applicant's Request b. City's Commitment to Economic Development • Commercial Regional Hub • Commercial Tax Base • Bioscience Clusters (TSRUBRPO) • City Aesthetics and Class A Office Space • Targeted Expedited Permitting Program (TEPP) 3. Legal Framework a. State Legislation b. Discussion with Department of Community Affairs (DCA) c. Development of Regional Impact (DRI) Process 4. Staff Approach & Analysis a. Tier Approach Concept b. Proposed Comprehensive Plan Text Amendments c. Areas that Meet Eligibility Criteria d. Potential Impacts e. Projected Benefits f. Consistency with City's Comprehensive Plan g. Consistency with County's Comprehensive Plan h. Consistency with Strategic Regional Policy Plan i. Consistency with the State Comprehensive Plan j. Nearby Local Government Comments/ Objections 5. Planning, Zoning, and Appeals Board and Staff Recommendation 6. Attachments a. Eligible Property Groups Location Map b. Current Future Land Use Designation Map c. Current Zoning Designation Map d. Targeted Expedited Permitting Process (TEPP) Brochure e. Bioscience Research Protection Overlay(BRPO) Data & Market Analysis f. Bioscience Overlay Property Descriptions g. Palm Beach Gardens Interlocal for BLPAB h. Economic Development Analysis i. Public Notice j. Ordinance 3, 2009 Meeting Date: April 2,2009 Ord.3,2009/CPTA-06-12-000008 Page 3 of 28 1. EXECUTIVE SUMMARY The City of Palm Beach Gardens has been committed to economic development by accomplishing key initiatives, such as, approving the creation of an Economic Development Element of the Comprehensive Plan, creating the Economic Development Advisory Board (EDAB), creating the Bioscience Research Protection Overlay (BRPO), establishing a Targeted Expedited Permitting Process (TEPP), and fostering quality development to support Class A office and laboratories within the PGA Overlay. The Development of Regional Impact (DRI) process is intended to provide State and Regional oversight in the review of very large developments that will impact multiple counties or across a region. According to State Statute, a research and development office park would be considered a DRI if the amount of office exceeds 300,000 square feet, or if the mix of uses exceeds 145% of the total thresholds. Fortunately, State Statute allows municipalities to recognize areas that are highly suitable for increased office intensity. These areas would then be permitted to increase the DRI threshold for office to 600,000 square feet and therefore, large research and development office parks would not be required to go through the DRI process. The applicant, Catalfumo Construction and Development, Inc., has applied for a Comprehensive Plan Text amendment to adopt a policy identifying areas that are highly suitable for increased office intensity. Staff analyzed the request, and proposed a tiered approach for setting up criteria to apply State Statute to increase the DRI thresholds. Staff recommends adopting the policy as an incentive for qualified parcels within the Bioscience Research Protection Overlay (BRPO) only. Furthermore, staff recommends providing heightened review for these projects within the City's Land Development Regulations. This sequential process is further explained in Section 4a. Staff Approach & Analysis: Tier Approach Concept of this report. 2. BACKGROUND a. Applicant's Request Catalfumo Construction and Development, Inc. has concurrent applications for a Comprehensive Plan text amendment to identify areas highly suitable for increased office intensity; a concurrency request for the parcel known as PGA Corporate Center (5A), to approve 450,000 square feet of office, 450,000 square feet of research and development, and a 260 room hotel (60 boutique rooms included); and a Planned Unit Development approval for the uses. The City is concurrently reviewing all three of these petitions as they relate to the development of Parcel 5A. The applicant's Planned Unit Development would trigger the DRI threshold, unless the proposed Comprehensive Plan text amendment is approved. In accordance with Section 380.0651(3)(d)(2), Florida Statutes, for an area to qualify as an area that is highly suitable for increased DRI office threshold intensity, the City of Palm Beach Meeting Date: April 2, 2009 Ord. 3,2009/CPTA-06-12-000008 Page 4 of 28 Gardens must create and approve suitability criteria. The applicant proposes the following suitability criteria: A. Office uses permitted by the City's Future Land Use Map. B. Adequate public facilities or committed public facilities available to support the development. C. Parcels adjacent to I-95, having direct access to an arterial roadway, and within one- half mile from proposed or current mass transit facilities, including a regional bus stop or commuter rail station. D. Parcel size to accommodate more intense office development consistent with the City's Comprehensive Plan. The City recommends modification to the applicant's requested criteria, and additional criteria for the designation of an area as highly suitable for more intense office development. These additions or modifications are presented in Section 4b. Staff Approach and Analysis: Proposed Comprehensive Plan Amendment of this report. Staff recommends a tiered approach in designating an area highly suitable for increased DRI office threshold intensity. The tier approach concept is further explained as part of this report in Section 4a. Staff Approach & Analysis: Tier Approach Concept. In general, the tier approach means a two phase process where the City's Comprehensive Plan provides general suitability criteria that defines areas eligible for the incentive, and the City's Land Development Regulations provide direction for heightened review. Individual properties that meet the suitability criteria must then undergo a specific Development Review Process to benefit from the increased DRI office threshold. In addition, staff analysis concludes that the increased office intensity is linked to the City's economic growth trend, and the provision of Research and Development uses through the development of the Bioscience Research Protection Overlay. The following section presents a detailed analysis of the City's consistent support of initiatives toward economic development and job creation. b. City's Commitment to Economic Development In an effort to diversify, and stabilize the economic base, the City of Palm Beach Gardens had realized the need to attract industries and employers. Even before state and local officials began courting The Scripps Research Institute, the City adopted an Economic Development Element in the City's Comprehensive Plan in January, 2005. Its adoption indicated the City's commitment to the economic goal to achieve a balanced and diversified economy which is compatible with the City's quality built environment and protects important natural resources. In April 2005, the Economic Development Element of the Comprehensive Plan was amended. Meeting Date: April 2, 2009 Ord.3,2009/CPTA-06-12-000008 Page 5 of 28 Based on the skill sets of the citizenry (available work force) and demographic data collected, growth in targeted cluster industries such as biotechnology, communications, information technology, medical products, marine biology, aerospace research, and associated ancillary businesses would be encouraged. The Element also included the following initiatives: • The need for a balanced and diversified economy for a sustainable municipality; • Identified targeted industry sectors based upon a demographic analysis of Palm Beach Gardens' residents with the understanding that global trends indicate that intellectual knowledge-based industries are the future (including research and development); • Outlined a Targeted Expedited Permitting Program to fast-track companies through the planning, zoning, and building process so that the goal of job creation could be realized at a faster pace; identified the need to stabilize seasonal employment fluctuations in the retail and service sectors; • Underscored the importance of education; and recognized that quality-of-life is a delicate balance of live, learn, work, and play — all equally important to make a whole person and a whole community. Consistent with the City's commitment to promoting business and growth, the City's Comprehensive Plan presents a single goal for the Economic Development Element: to achieve sustainable economic development through a balanced and diversified economy. In addition to this goal, the EAR-based amendments indicate that sustainable economic growth will be achieved by supporting retail, restaurant, office personnel that need to work in the City; increasing property values and tax base to provide as much opportunity for mobility as possible; assisting and promoting bioscience clusters; remaining competitive in the regional market; expanding the need of Class A offices that require access to large markets; and focusing development toward areas suitable for sustainable growth. The following section highlights the initiatives that were promoted by the City as an effort and commitment to support sustainable economic development. • Commercial Regional Hub Approximately 3.5 million square feet of retail, restaurants, and office have been approved and built within the Regional Center Development of Regional Impact, Legacy Place, Mid Town, RCA Center, and PGA Commons. Table I indicates approximately 11,904 jobs have been created as a result of this commercial hub. A large amount of the retail jobs rely on the co-existence of high paying companies that are located in the area. Through this economic initiative, the City not only has created employment but also it has established itself as a regional destination in the North Palm Beach area. Meeting Date: April 2,2009 Ord. 3, 2009/CPTA-06-12-000008 Page 6 of 28 Table 1. ESTIMATED JOBS CREATED ALONG PGA DEVELOPMENTS ALONG PGA CORRIDOR TOTAL (SF) ESTIMATED # JOBS Regional Center DRI Retail Space (retail, restaurant, theatre)* 1,700,018 4,675 General Office ** 751,209 3,755 Movie Theater 68,087 9 Hotel 175 rooms 87 SUB-TOTAL 2,519,314 8,526 Legacy Place Retail Space _ 3.99,000 1,077 General Office 69,000 345 SUB-TOTAL 468,000 1,422 Midtown (aka Borland) Retail Space 84,000 231 General Office 11,000 55 SUB-TOTAL 95,000 286 PGA Commons Retail Space 73,582 202 General Office 61,244 306 SUB-TOTAL 134,826 508 PGA Design Center— Parcel 5B Retail Space 150,000 412 General Office/ Industrial 150,000 750 SUB-TOTAL 300,000 1,162 Grand Total 11,904 * Includes the Gardens Mall, Downtown at the Gardens, portions of the Gardens Point, Gardens Corporate Center, and Parcel 27.05 and 27.06 projects. ** Includes Good Sam/St. Mary's, Gardens Corporate Center, Bank One, Gertz Professional, Viridian Office Center, Parcel 27.05 and 27.06, Grand Bank Office Plaza, Laser and Surgery Center, South Trust Bank, First National Center and portions of Downtown at the Gardens and Gardens Point projects. • Commercial Tax Base Consistent with its commitment to economic development, on November 18, 2004, the City Council of the City of Palm Beach Gardens authorized staff to initiate comprehensive plan amendments necessary to adopt the City's economic development goals and objectives. Meeting Date: April 2,2009 Ord. 3, 2009/CPTA-06-12-000008 Page 7 of 28 Following this direction, the City approved an amendment to its Comprehensive Plan to include an Economic Development Element on January 6, 2005. The intent of the Economic Development Element is to encourage, and initiate proactive efforts to expand the economic base of the City, in order to provide for value-added employment opportunities for City residents, and to make the City a sustainable community where residents can live, work, learn, and play. The current tax base of the City reflects a dependence on residential tax assessments. As depicted in the chart on the following page, approximately 80 percent of ad valorem taxes are generated by the residential component. Currently, the City's land-use base is pre-dominantly residential (46 percent), which places a heavy burden on residential tax payers to maintain all of the City's level of service standards. The City continues to support opportunities for a diversified tax base that promotes a strong economic environment that provides a job base for residents and a sustainable economy. Chart 1. 2008 Ad Valorem Tax Percentages Table 2. 2008 Ad Valorem Tax Percentages Category Taxable Value ($) # of Parcels Industrial , 1% Residential 7,229,265,998 24,780 ...„ Residential Commercial 1,871,391,912 473 78% Industrial 81,429,357 37 Com rcia Other 57,716,346 973 I Total $9,239,803,613 26,263 20° The residential component generates the bulk Other of tax revenues in the City of Palm Beach 1% - Gardens. Source: Data Compiled from 2008 Final Tax Roll- City of Palm Beach Gardens, and Palm Beach County Property Appraiser's Office Meeting Date: April 2,2009 Ord. 3,2009/CPTA-06-12-000008 Page 8 of 28 • Bioscience Clusters (TSRUBRPO) In October 2003, The Scripps Research Institute (TSRI) announced the co-location of its operations with the intentions to create a biomedical science, research and development technology base in Palm Beach County. Recognizing the positive economic, social and cultural impacts, and the projected economic returns of this investment to the community, the City evaluated its vacant parcels east of the Urban Growth Boundary (UGB) to determine the development potential of the properties as Research and Development uses. On March 2, 2006, the City approved an Interlocal Agreement, in alliance with the four (4) north county municipalities and Palm Beach County, to fulfill the commitment to provide assurances that the State and County investment in Scripps, as a catalyst for economic development cluster in Palm Beach County, could be realized. The Interlocal Agreement obligated the City to initiate amendments to the Comprehensive Plan to establish a Bioscience Research Protection Overlay (BRPO) to protect those lands which have been identified as appropriate for a bioscience research protection overlay. As a result of this process, the City had completed three (3) text amendments and one (1) Future Land Use Map (FLUM) amendment to the City's Comprehensive Plan to create and apply a Bioscience Research Protection Overlay (BRPO). Map 1 shows the BRPO areas within the City. The FLUM amendment applied the overlay designation to specific properties, while the text amendments to the Future Land Use Element (FLUE), the Economic Development Element (ED), and the Intergovernmental Coordination Element (ICE) established the policies relative to the application of the Overlay. The overall purpose of the Overlay is to diminish the possibility of lands available for bioscience research / biotechnology uses being converted to residential and/or retail commercial uses, and to make the land attractive for bioscience research/biotechnology development. [The remainder of this page intentionally left blank] Meeting Date: April 2,2009 Ord. 3,2009/CPTA-06-12-000008 Page 9 of 28 Map 1. The BRPO Areas within the City BRPO Parcels ilk , Tr/ • ■ 4 ■ ' 1 ty i r i iFJ MINIM • City Aesthetics and Class A Office Space Class A office buildings are attracted to areas that have high aesthetics, accessibility to regional transit corridors, and accessibility to upscale shopping, dining, and a nexus of consumer and business services. By establishing the PGA Overlay, encouraging quality of development, and providing incentives for economic development, the City has created a desirable place to foster employment centers. The adoption of an incentive for areas highly suitable for increase office will further attract Class A office space, which in turn attracts value-added jobs to Palm Beach Gardens. • Targeted Expedited Permitting Program (TEPP) The City of Palm Beach Gardens has developed an innovative program to enable job creation at a faster pace. The Targeted Expedited Permitting Program expedites the planning, zoning, and building permitting process (please see attached TEPP brochure). Meeting Date: April 2, 2009 Ord. 3, 2009/CPTA-06-12-000008 Page 10 of 28 The Targeted Expedited Permitting Program is available to companies that are expanding operations or moving into the City. Companies must meet specific criteria in order to qualify for the Targeted Expedited Permitting Program or may qualify if they have been sanctioned as an economic development project by the Business Development Board of Palm Beach County, Enterprise Florida, OTTED, or any other officially sanctioned economic development agency. The Targeted Expedited Permitting Program provides qualifying projects an efficient process to resolve issues in a timely manner through face-to-face meetings with a City representative without sacrificing any requirements as established by the City's Code of Ordinances. The City Council adopted Ordinance 1, 2006 which codified a Targeted Expedited Review Process for developments that will provide economic development, and meet eligibility criteria. 3. LEGAL FRAMEWORK a. State Legislation The applicant is requesting the City of Palm Beach Gardens adopts criteria that will allow certain areas to be designated highly suitable for more intense office uses in order to utilize the increased threshold intensity, and not be required to follow the standard DRI process under Section 380.0651(3)(d)2, Florida Statutes, which states: 380.0651 Statewide guidelines and standards.— (1) The statewide guidelines and standards for developments required to undergo development-of-regional-impact review provided in this section supersede the statewide guidelines and standards previously adopted by the Administration Commission that address the same development. Other standards and guidelines previously adopted by the Administration Commission, including the residential standards and guidelines, shall not be superseded. The guidelines and standards shall be applied in the manner described in s. 380.06(2) (a). (2) The Administration Commission shall publish the statewide guidelines and standards established in this section in its administrative rule in place of the guidelines and standards that are superseded by this act, without the proceedings required by s. 120.54 and notwithstanding the provisions of s. 120.545(1)(c). The Administration Commission shall initiate rulemaking proceedings pursuant to s. 120.54 to make all other technical revisions necessary to conform the rules to this act. Rule amendments made pursuant to this subsection shall not be subject to the requirement for legislative approval pursuant to s. 380.06(2). Meeting Date: April 2, 2009 Ord. 3, 2009/CPTA-06-12-000008 Page 11 of 28 (3) The following statewide guidelines and standards shall be applied in the manner described in s. 380.06(2) to determine whether the following developments shall be required to undergo development-of-regional-impact review: ***** (d) Office development. - Any proposed office building or park operated under common ownership, development plan, or management that: 1. Encompasses 300,000 or more square feet of gross floor area; or 2. Encompasses more than 600,000 square feet of gross floor area in a county with a population greater than 500,000 and only in a geographic area specifically designated as highly suitable for increased threshold intensity in the approved local comprehensive plan. (Emphasis added) Section 380.0651(3)(d)2, Florida Statutes, authorizes a local government in a county with a population greater than 500,000 to designate geographic areas which are highly suitable for increased Development of Regional Impact (DRI) threshold intensity. Being designated highly suitable for increased office intensity increases the DRI threshold for office from 300,000 square feet of gross floor area to 600,000 square feet of gross floor area. Being designated highly suitable for increased office intensity does not change the Future Land Use Map category of any property nor does it change the uses or intensities of development authorized by the Future Land Use Element of the Comprehensive Plan. Rather, it changes the circumstances under which a proposed development in the designated area must apply for a DRI review. b. Discussion with the Department of Community Affairs (DCA) The Department of Community Affairs (DCA) provided staff guidance on how to utilize the provision of Florida Statute which allows for increased DRI threshold for areas highly suitable for increased office intensity. A DCA official, Richard Post, indicated that the City of Pembroke Pines recently adopted Comprehensive Plan text amendments that have been accepted by DCA, and would be a good example on how municipalities may define areas highly suitable for office. Although there are not many examples of municipalities utilizing this specific provision of Florida Statute, in 2007, the Town of Davie utilized a Regional Activity Center (RAC) in order to apply for increased DRI thresholds for office, hotel and retail uses. In 2005, Orange County utilized their Regional Planning Council to adopt an area highly suitable for hotel uses proximate to Orlando's theme parks and other tourist activities. A common intention in Meeting Date: April 2,2009 Ord. 3, 20091 CPTA-06-12-000008 Page 12 of 28 utilizing increased DRI threshold is economic development, and ensuring the internalization of heightened review. From the guidance given by DCA, staff finds that the tiered concept approach meets the intent of the Florida Statute provision. This tiered concept is further explained in Section 4a. Staff Approach & Analysis: Tier Approach Concept c. Development of Regional Impact (DRI) Process A DRI is defined by Section 380.06(1), F.S., as any development which, because of its character, magnitude or location, would have substantial effect on the health, safety or welfare of citizens in more than one county. The state has established thresholds to determine when a development must undergo the DRI review process. The general DRI process is described in Graphic 1. Please note that the standard process typically involves 14 months of review, and in certain cases may require a longer review period. Not only is time a real cost for potential developers wishing to build a quality office park, the application expense and amount of staff time salary required for the standard DRI process is also onerous for developers. Graphic 1. The Development of Regional Impact (DRI) Review Process Developer contacts RegionalPlannins Council lI(RP C) T IPr eapplic ation conference with all parties. I T Developer files ap plicationwithlocal Cov ernment, RPC and D ep artm eat o f Community Affairs(DCA) 30 daps maximum V Developer AG- S TO —►- PROVIDE information. Sufficiency determined by RPC. (No pow par glows raw°. (a) pc.rsssdr/s.:4)%cie»cy) No (Developer DECLINES TO i►� PROVIDE information f 'Local Government sets hearing date and publishes notice. l T 60 days Minimums r 50 days RPC Report submitted to 90 days Maximum maxsmum local government_ 11 DRI Public Hearing � - �� (Conczarre!el comprr1, revive plant J— .,..-) ameredmenss miss be, heard a she l,. `6 , r.. .1 same hearirsg.) J_ 30 Days Maximaum 45-day Appeal Period begins Development Order (D.O.) Issued I II,. when D.O. is rendered to DCA. Source: Department of Community Affairs (DCA) website Meeting Date: April 2,2009 Ord. 3, 2009/CPTA-06-12-000008 Page 13 of 28 4. STAFF APPROACH & ANALYSIS a. Tier Approach Concept The State Statute allows municipalities to internalize the standard DRI process under Section 380.0651(3)(d)2, F.S. The applicant has requested the City adopts criteria to identify areas that are highly suitable for increased office intensity, and be eligible to fall below the DRI threshold and avoid the standard DRI process for their approval. To address the applicant's request, and provide a successful incentive program, staff considered a tiered concept approach. The tiered concept is based on internalizing the standard DRI process into the local level, providing an incentive for research and development office parks, establishing local control, and attracting quality business to areas that the City identifies as areas highly suitable for increased office intensity. As illustrated in Graphic 2, the first step (Tier 1) is the proposed Comprehensive Plan policy, which establishes the eligibility requirements. After the Comprehensive Plan text amendment is found in compliance with the Department of Community Affairs (DCA), and adopted by the City Council, the City will begin the process of adopting Land Development Regulations for a heightened and specific review of areas highly suitable for corporate office parks and the like. Graphic 2. The Tiered Concept Approach Tier 2 her 1 Incentive for Quality Development Review Process Comprehensive Plan Policy Research and Land Development Regulations Development Office Park (establishing eligibility (PUD) Dec elopmcnt requirements) (I leightened Reviett) This heightened review process is the second step of the tiered concept, and it will be utilized to decide whether the eligibility requirements are met, and a project will be required to undergo a heightened level of review. Land Development Regulations may need to be specifically tailored for Industrial and R&D sites. Staff notes that increasing the DRI threshold does not Meeting Date: April 2,2009 Ord. 3,2009/CPTA-06-12-000008 Page 14 of 28 eliminate the normal internal review and the requirements of the Forbearance Agreement. An applicant requesting this exemption would be required to demonstrate the application meets the Comprehensive Plan criteria, and would also be required to follow the City's Land Development Regulations. Ultimately, the City will be in full control, and more likely to receive high quality research and development office parks to support the City's competitiveness in the regional market. b. Proposed Comprehensive Plan Text Amendments Staff is proposing a sequence of changes to the Comprehensive Plan's Future Land Use Element, and the Land Development Regulations in order to address the tiered concept approach. Tier one establishes eligibility requirements within the Comprehensive Plan, by which the City identifies areas highly suitable for increased office intensity. Staff notes that the second tier must follow the adoption of this Comprehensive Plan Text amendment in the form of a Land Development Regulation text amendment. The LDR text amendment would further define criteria for heightened review. The proposed Comprehensive Plan amendments related to this petition are presented with a single underline as Policy 1.3.4.5 of the Future Land Use Element, under Goal 1.3. FUTURE LAND USE GOAL 1.3.: CONTINUE TO PLAN FOR FUTURE NEEDS TO PROMOTE LIVIBLE COMMUNITIES, INCLUDING, BUT NOT LIMITED TO, ECONOMIC DEVELOPMENT FOR BIOSCIENCE USERS, TRANSIT ORIENTED DEVELOPMENT, AND OTHER EFFORTS TO PROMOTE SUSTAINABLE GROWTH. ***** Objective 1.3.4.: Maintain a Bioscience Research Protection Overlay (BRPO) for the purpose of promoting Bioscience Uses and deterring the conversion of those uses to commercial or residential uses. Policy 1.3.4.1.: Biosciences Uses shall be permitted and encouraged within the BRPO. The City shall adopt by December 31, 2010 and maintain land development regulations which encourage Bioscience Uses. The uses prohibited within the BRPO are those uses prohibited in the underlying land use designation, excluding those uses set forth in the Bioscience Use definition. The BRPO does not limit the uses currently allowed consistent with the property's existing land use designation and zoning designation, including uses allowed pursuant to planned development approvals and development of regional impact approvals. Meeting Date: April 2,2009 Ord. 3,2009/CPTA-06-12-000008 Page 15 of 28 Policy 1.3.4.2.: The City shall encourage Bioscience Uses within the BRPO to achieve, in coordination with the County and adjacent municipalities, a clustering of Bioscience Uses and thus promote intellectual exchange among researchers, scientists, students, and others in the Bioscience industry workforce. Policy 1.3.4.3.: By December 31, 2010, the City shall adopt and maintain land development regulations that provide incentives for Bioscience development and encourage a predominance of Bioscience Uses to develop a cluster of the industry within the BRPO. Policy 1.3.4.4.: By December 31, 2010, the City shall adopt and maintain land development regulations that do not permit rezoning of lands within the BRPO that would eliminate Bioscience Uses without the vote of four members of the Palm Beach Gardens City Council. The limitation on conversion of uses does not apply to permitted, conditional, and approved uses allowed in a planned development and/or development of regional impact. Nothing in this policy shall be interpreted to abrogate rights that have been vested under law for uses that are not Bioscience Uses. The City land development regulations shall establish an administrative process to review claims of vested rights under this policy. Policy 1.3.4.5.: The City may designate specific areas for office use according to the City's Future Land Use Map as highly suitable for increased DRI office threshold intensity in accordance with Section 380.0651(d)(2), Florida Statutes, as long as the parcels within such designated areas satisfy all of the following suitability criteria: A. Parcels must be located within the Bioscience Research Protection Overlay (BRPO) B. Parcels designated as Commercial, Industrial, Mixed Use, or Professional Office on the City's Future Land Use Map; C. Parcels must have adequate public facilities or committed public facilities available to support the proposed development; D. Parcels east of the Urban Growth Boundary (UGB), adjacent to I-95, must have access to an arterial roadway through an immediately adjacent road, and must be within one-half mile of current or proposed mass transit facilities, including regional bus or commuter rail; and E. Sufficient parcel size to accommodate more intense office development consistent with the intensity and density requirements within the City's Comprehensive Plan. c. Areas that Meet Eligibility Criteria In order to determine the potential impact and benefit of the proposed Comprehensive Plan text amendment policy, staff must determine which parcels, or group of parcels within an existing project, could be eligible based on the proposed criteria. Meeting Date: April 2,2009 Ord.3,2009/CPTA-06-12-000008 Page 16 of 28 o Criteria A, B and C. Criteria A establishes designated parcels within the BRPO as a requirement. Table 3, and Map 2, on the following page, illustrates the 10 major projects (or groupings of parcels) that meet this requirement, and also represents properties that meet criteria B and C. The entire BRPO meet Criteria B, with land designated Industrial and Mixed Use. At the time the BRPO was created, those areas that are targeted for economic development have been pre-qualified to meet Criteria C. o Criteria D. Four (4) projects within the BRPO do not meet Criteria D, which states that the parcel must be adjacent to I-95. The four parcels are Parcel 5B, Gardens Station, Legends of the Gardens and PGA National Commerce Park. Map 2 also indicates the properties that do not meet criteria D. [The remainder of this page intentionally left blank] Meeting Date: April 2,2009 Ord. 3,2009/CPTA-06-12-000008 Page 17 of 28 Map 2. Parcels within the BRPO, and Major Project Groups that Do Not Meet Criteria D \ , LEGEND .----' 2 0 Parcels that do not il — meet criteria D, based on location . , 0 1 Blue Strips—Parcels ' . within the BRPO I able 3. Ihilin. Projects within the BRPO # Name Acres My, ...• 1 Briger Tract 170.0 T,./ cP \,........_ 2 Legends of the Gardens 21.6 ,-, 3 Parcel 31.06/31.07 41.8 4 Parcel 31.04 50.6 • c 5 The Pointe 9.2 65 6 PGA Corporate Center(5A) 84 \ _.21 .. ->' '. --- / 6,.;._. 7 PGA Design Center(5B) 26.1 8 NorthCorp 102.7 ,,,.':::i 8 III e .1 , .: 4 -'• 9 Gardens Station 7.6 ., , 9 .,:. . , 10 Riverside/Bums 49.5 '/ M - • 11 PGA National Commerce Park 8.5 10 % *0, ...- i r 'f --- 'I ' r Meeting Date: April 2, 2009 Ord. 3,2009/CPTA-06-12-000008 Page 18 of 28 o Criteria E. This criteria states that the parcel size must be large enough to accommodate the increased office intensity and be consistent with City's Comprehensive Plan. Staff has determined a trigger point by which criteria D is defined. The criteria implies that developing 600,000 square feet of office will not require a waiver from the intensity and height requirements established in the Comprehensive Plan. Staff utilized the intensity and height requirements within the PO Future Land Use category, and NOT the Industrial Land Use category because the uses being proposed is office. Industrial intensity is not suitable for this analysis. The comprehensive plan established the intensity requirements for office development as 35 percent lot coverage (or building's foot print on the lot), and no more than two stories in height. A lot of considerable size would be able to build 600,000 square feet at 35% lot coverage at two stories. A property must be 19.6 acres (roughly 20 acres) in order to build all 600,000 square feet of office at two stories. The algebraic equation utilized is (600,000 s.f/43,560 s.f/acre)/(.35 lot coverage x 2 stories) = X acres. Therefore, staff has determined that 20 acres is the minimum trigger point by which properties may development 600,000 square feet within the framework of the intensity requirements in the Comprehensive Plan. Therefore, all properties with less than 19 acres fall into one classification and automatically don't meet the eligibility criteria. Staff further divided the remaining property groups by identifying a second trigger point, by which 600,000 square feet of office may be built entirely at one story. This represents the most desirable property size because the applicant may utilize the second story to decrease the building lot coverage and provide additional amenities, and open space that would potentially be required in the heightened development review process. The second trigger point is 39.35 acres, as determined by the algebraic equation, (600,000 s.f/43,560 s.f/acre)/(.35 lot coverage x 1 story) = X acres). Table 4 presents property groupings within the BRPO, classified by the size eligibility requirement. Table 4. Combined Acreage of Eligible Properties (All properties are within the BRPO) Range of Parcel Size(Acres) #of Eligible Properties Acreage 1 to 19 Acres 0 0 20 to 39 Acres 0 0 40 plus Acres 5 869.1 Total 5 869.1 Meeting Date: April 2,2009 Ord. 3,2009/CPTA-06-12-000008 Page 19 of 28 o Criteria F and G. Staff notes that the final two criteria must also be met to qualify for the increased DRI threshold. These criteria must be met through the development review process, and takes into consideration that an extensive office park needs to provide onsite services and amenities to support the employment center activities, and the quality of life of the employees. Table 3 summarizes the total number of projects and how many acres are eligible for the proposed Comprehensive Plan policy. Five projects meet the requirements (Briger, 5A, the mixed use sections of Parcel 31.04, Parcel 31.06/07, and NorthCorp). These projects total 449.31 acres that may be designated highly suitable for increased office intensity. Map 3 illustrates the location of the projects that are eligible. Map 3. Map of Areas that Meet All of the Eligibility Criteria i I • Q Vim vP ....._. Ill le Table 3. Major Projects within the BRPO \ 4 „ ' lior.ire- # Name - , .-- ,. . ,, ,,.., El 1 Briger Tract 170.0 ITO 2 Parcel 31.06/31.07 41.8 3 Parcel 31.04 50.6 4 PGA Corporate Center(5A) 84.21 5 NorthCorp 102.7 * a � 0f 1 l ii ,. , r Meeting Date: April 2,2009 Ord. 3,2009/CPTA-06-12-000008 Page 20 of 28 d. Potential Impacts Potential impacts of designating areas highly suitable for increased office intensity are mitigated in the second tier of the approach, which is the development review process. The City's Land Development Regulations empower local government review over concurrency requests, site plan review, and Future Land Use designations and entitlements. By adopting the criteria to become eligible as an area highly suitable for increased office intensity, the City is not changing the current process by which potential impacts are mitigated or considered. Please notice that staff will be proposing Land Development Regulations to ensure heightened review which further define criteria for quality design for planned regional office parks, and research and development office parks. The impact analysis required to identify an area of high office intensity will follow Rule 9J- 11.006, F.A.C. criteria for proposed comprehensive plan amendments. It covers impacts on sanitary sewer, potable water, drainage, traffic circulation, mass transit, natural and historic resources, and land use compatibility. As part of the development review process, the applicant must demonstrate adequate public facilities exist to accommodate the increased office intensity. The analysis must conclude that 600,000 square feet of office park would not have an adverse effect on the level of service of the City's public facilities and services. The designation of areas highly suitable for increased office intensity is an incentive in that the applicant of a development with an additional 300,000 square feet, up to 600,000 square feet of office, can avoid applying for a DRI process which demands an intense investment of time and money. The applicant still would be required to have concurrency approval for the increased number of traffic trips, and have Planned Unit Development/site plan approval from the City Council. Staff notes that there are additional requirements within the DRI process, since it requires an extensive, and coordinated extra-agency review and analysis of impacts within a larger area. However, the County's concurrency traffic review requires an analysis of traffic impacts over de minimis (1% of the LOS volume). The standard DRI process requires an analysis of all traffic impacts that are over 5% of the capacity of LOS volume. Therefore, it is staffs professional opinion that the traffic impacts associated with a DRI of this nature will be mitigated by the local concurrency and development review process. e. Projected Benefits The Bioscience Research Protection Overlay (BRPO) is intended to provide incentives to attract bioscience, research and laboratory uses as economic generators, provide value-added employment to the City, and stay competitive in the regional market. The proposed Comprehensive Plan Text amendment acts as incentive to develop BRPO lands as an economic Meeting Date: April 2,2009 Ord. 3,2009/CPTA-06-12-000008 Page 21 of 28 engine to guide Bioscience venture capital within the City. Without placing the heavy burden of a lengthy and expensive DRI process, those parcels meeting the outlined criteria, and complying with the tier process, will be given an opportunity to bring a cluster of bioscience and associated office uses to the City. Staff notes that the proposed incentive does not cost the City, as would other incentives, such as impact fee reduction, grants or loans. Parcel 5A, 2008 concurrency requests 450,000 square feet of R&D; 450,000 square feet of Office; a 260-room hotel; and allowance for 47,000 square feet of ancillary retail. The potential number of value-added jobs we can anticipate for Parcel 5A, as approved in their latest concurrency request, would be 4,275 jobs, as estimated in Table 5a. This represents approximately 37 percent of the total jobs projected on PGA Boulevard, and would primarily be value-added jobs, such as lab and office employees. It is staffs professional opinion that this development initiative will contribute to the City's economic development by creating value-added employment, and diversifying the tax base. Table 5a. Jobs Generated by the proposed 5A Concurrency Request Requested Uses Intensity(s.f.unless noted) #Jobs Research and Development (Bio-Life 315,000 (70%) 1040 Science Lab) Research and Development(Office) 135,000 (30%) 742 General Office 450,000 2,250 Retail 45,000 123 Hotel 260 Rooms 120 Total 4,275 Table 5b. Job Generation Rates Bio-Life Science Laboratory(lab techs, scientists, etc.) 3.3 1000 SF Ancillary Bio-tech (office, support staff, etc.) 5.5 1000 SF Office 5 1000 SF Retail 2.75 1000 SF Hotel 0.5 Jobs per room The City of Palm Beach Gardens, within the framework of the proposed criteria is offering policies that will contribute to the local economic development by assisting projects that do not have the venture capital or time to undertake a DRI amendment process. In addition, the City Meeting Date: April 2, 2009 Ord. 3,2009/CPTA-06-12-000008 Page 22 of 28 will exercise direct local control over the development by fully enforcing City Code, and design principles for Class A office. Recently, cities offering economic incentive packages have been successful in attracting targeted industries and securing State and County incentive funds to support their initiatives. For example, in 2005, the County awarded a $104,612 Job Growth Incentive grant for Florida Turbine in Jupiter. Also, the Town of Jupiter established a $3 million Economic Development Fund in 2006 to support local life science and technology industry development. The Economic Fund Advisory Board established the funding criteria and processes applications. In 2007, Jupiter's Town Council approved the location of the Max Planck Florida at FAU's campus, authorizing a contribution of a $260,000 grant from the Town as part of a funding plan. In addition, Max Planck Florida has been the recipient of$188 million from the state of Florida's Innovation Incentive Fund and Palm Beach County. In 2008, TransDermal Technologies received a $350,000 loan from the Town of Jupiter's Economic Development Fund, and Ocean Ridge Biosciences landed a$150,000 loan from the same Board. The success of recruiting Torrey Pines Institute for Molecular Studies to locate its headquarters in Port St. Lucie was aided by St. Lucie County's Business Retention and Expansion Program, which has an Ad Valorem Tax Exemption Program, a Job Growth Investment Grant, the Fort Pierce Enterprise Zone, fast track permitting, and the Port St. Lucie CRA. The Job Growth Investment Grant awards grants from $1,500 to $3,000 per job for qualified companies locating or expanding in the County. The Ad Valorem Tax Abatement program offers a reduction of seven to eight mils to qualified new or expanding business. Enterprise Zone Incentives include a sales and use tax credit, tax refund for machinery and equipment costs, building materials and a sales tax exemption for electrical energy used. Additional tax refunds are available for jobs created in Brownfield sites. The Qualified Target Industry Tax refund incentive is available for companies creating high wage jobs. Capital Investment Tax Credit is used to attract and grow capital-intensive industries. It is an annual credit against corporate income tax. The High Impact Performance Incentive Grant is awarded for projects making investments of at least $75 million if R&D. In 2008, Martin County started offering tax breaks and impact fee waivers for companies in targeted industries. The impact fee breaks are directed toward industries that create 10 new jobs paying 115 percent of the average wage. Fee waivers can be as much as $7,500 per job, or 60 percent of the total impact fees. The tax breaks, part of the state's Qualified Target Industry Tax Refund program covers 80 percent of the costs, while the County covers the remaining 20 percent. Martin County provides a Manufacturing Extension Partnership assistance, Industrial Revenue Bonds, and Enterprise Bonds. Also, in 2008, Pembroke Pines adopted an area highly suitable for office within their Comprehensive Plan EAR-based amendments, in an effort to attract industry to a large infill Meeting Date: April 2,2009 Ord. 3, 2009/CPTA-06-12-000008 Page 23 of 28 property. The City of Orlando and Orange County have several local incentives designed to attract business to their region. They include the use of Enterprise Zones, Tax Credit programs, Arts and Culture Assistance Program, Business Assistance Program, Economic Development Transportation fund, Neighborhood Commercial District Revitalization Program, and a Qualified Target Industry Program. In considering the above economic incentives, and in an effort to compete in the regional market in time of economic hardship, the proposed increase of the DRI thresholds is an economic incentive that continues supporting the City's economic growth. f. Consistency with City's Comprehensive Plan The supporting comprehensive plan objectives and policies include: Objective 1.3.4.: Maintain a Bioscience Research Protection Overlay (BRPO) for the purpose of promoting Bioscience Uses and deterring the conversion of those uses to commercial or residential uses. Objective 1.3.5.: Adopt land development regulations for the purpose of promoting the location of a rail station in the City and providing sustainable development that encourages multi-modal transit. Policy 1.3.4.4.: By December 31, 2010, the City shall adopt and maintain land development regulations that do not permit rezoning of lands within the BRPO that would eliminate Bioscience Uses without the vote of four members of the Palm Beach Gardens City Council. The limitation on conversion of uses does not apply to permitted, conditional, and approved uses allowed in a planned development and/or development of regional impact. Nothing in this policy shall be interpreted to abrogate rights that have been vested under law for uses that are not Bioscience Uses. The City land development regulations shall establish an administrative process to review claims of vested rights under this policy. Policy 1.3.4.3.: By December 31, 2010, the City shall adopt and maintain land development regulations that provide incentives for Bioscience development and encourage a predominance of Bioscience Uses to develop a cluster of the industry within the BRPO. Policy 1.3.4.2.: The City shall encourage Bioscience Uses within the BRPO to achieve, in coordination with the County and adjacent municipalities, a clustering of Bioscience Uses and thus promote intellectual exchange among researchers, scientists, students, and others in the Bioscience industry workforce. Meeting Date: April 2, 2009 Ord. 3,20091 CPTA-06-12-000008 Page 24 of 28 Policy 1.3.4.1.: Biosciences Uses shall be permitted and encouraged within the BRPO. The City shall adopt by December 31, 2010 and maintain land development regulations which encourage Bioscience Uses. The uses prohibited within the BRPO are those uses prohibited in the underlying land use designation, excluding those uses set forth in the Bioscience Use definition. The BRPO does not limit the uses currently allowed consistent with the property's existing land use designation and zoning designation, including uses allowed pursuant to planned development approvals and development of regional impact approvals. Objective 13.1.1.: Balanced and Diversified Economy Palm Beach Gardens shall maintain and expand a diversified economy by encouraging growth in targeted cluster industries that provide high-wage employment and complement changing economic conditions by supporting existing business and by retaining and improving resource- based sectors, such as tourism, retirement, and recreation. Policy 13.1.1.1.: The City shall continue to attract industries and employers in cluster industries such as biotechnology, communications, information technology, medical products, marine biology, aerospace research, and associated ancillary businesses. Policy 13.1.1.6.: The City shall maintain and develop programs to encourage and facilitate the expansion and relocation of target industries in the City, including, but not limited to: • Implement a targeted expedited permitting program for companies that are expanding operations or moving into the City so that value-added employment may be created at a faster pace; and • Continuing to review land development processes to determine where opportunities for streamlining the approval process can be accomplished; and • Continuing to work with the Office of Tourism, Trade and Economic Development to facilitate expedited review of qualifying projects; and • Continuing to improve working relationships between government and the business community and support the economic development efforts of private organizations. Policy 13.1.1.7.: By December 31, 2010, the City shall adopt and maintain land development regulations that provide incentives for the development of Bioscience Uses (as defined in the Future Land Use Element) and encourage the clustering of those uses within the City and particularly within the BRPO (as defined in the Future Land Use Element). Policy 13.1.1.8.: The City shall ensure that an adequate amount of land is designated and zoned to categories that permit Bioscience Uses. By December 31, 2009, staff will conduct a Meeting Date: April 2,2009 Ord. 3, 2009/CPTA-06-12-000008 Page 25 of 28 land use study and adopt preferred City-wide percentage range of all land uses. Policy 13.1.1.9.: By December 31, 2010, the City shall assess land use, transportation and business patterns and trends to identify areas that are suitable for redevelopment to provide business retention, expansion, relocation and development incentives for those areas. Objective 1.3.1.: Expand the City's economic base by promoting commercial and industrial activities as planned and illustrated on the Future Land Use Map, and by ensuring adequate sites and timely provision of public utilities and services to stimulate such growth. Policy 1.3.1.1.: Development orders and permits for future development and redevelopment activities shall be issued only in areas possessing the appropriate Future Land Use designation and that are consistent with the goals, objectives, and policies of this Comprehensive Plan. Staff analysis: The Future land Use and Economic Development Elements of the City's Comprehensive Plan contain objectives and policies that support utilizing the land development process in order to attract quality economic development. Specifically, the city has implemented the Targeted Expediting Permitting Program (TEPP) that allows developments that have potential to bring value-added employment to the City to have an accelerated permitting process. The proposed Comprehensive Plan Text amendment is a similar program, allowing the development of large research and development corporate parks to avoid the DRI process and internalize the review process to local control. Furthermore, through these objectives and policies, the city has acknowledged the need for diversified economic growth, specifically though the creation of the Bioscience Research Protection Overlay (BRPO.) g. Consistency with County's Comprehensive Plan The proposed comprehensive plan amendments are consistent with the overall Goals, and Objectives within the Palm Beach County Comprehensive Plan as follows: Policy 2.2.4-b: A Planned Industrial Park Development District (PIPD) is an economic activity center primarily designed to accommodate and promote manufacturing, research, development, other value-added activities and support uses. Uses such as hotels, offices, commercial and institutional that serve the projected workforce and residential population and/or encourage internal automobile trip capture shall be permitted, along with accessory uses. Residential uses may be permitted within a PIPD provided: 1) recreation to meet the needs of the residential population is provided; and, 2) a balanced mix of land uses is provided to meet the needs of the projected work force and residential population. Meeting Date: April 2, 2009 Ord. 3,2009/CPTA-06-12-000008 Page 26 of 28 Policy 2.9-e: The County shall adopt and maintain land development regulations that provide incentives for bioscience development and promote a predominance of bioscience research/biotechnology uses so as to develop a cluster of the industry in proximity to the TSRI campus at Abacoa/Briger. Policy 2.9-c: Within the Overlay, residential uses shall be prohibited and commercial uses shall be prohibited unless clearly accessory or ancillary to bioscience research/biotechnology uses or as have been or may be approved in connection with a land use mix for a planned development and/or development of regional impact. Staff analysis: The County's Comprehensive Plan contains policies that encourage providing incentives to develop a cluster of industry to support the Scripps Research Institute (TSRI) campus at Abacoa/Briger. Similar to the County's Planned Industrial Park Development district, the proposed Comprehensive Plan text amendment defines an area of the City primarily designed to accommodate and promote research, development and other value- added activities and support uses, such as office. h. Consistency with the Strategic Regional Policy Plan The proposed comprehensive plan amendments are consistent with the overall Treasure Coast Regional Planning Council's Strategic Regional Policy Plan. The Strategic Regional Policy Plan supports economic development, specifically providing incentives that support the development a cluster of industry to support the Scripps Research Institute (TSRI) campus at Abacoa/Briger. i. Consistency with the State Comprehensive Plan (Chapter 187, Florida Statutes) The proposed text amendments are consistent with Chapter 163.3191, Florida Statutes, and utilize a provision within the Florida Statutes that increases the office threshold to 600,000 square feet, by defining areas highly suitable for increased office intensity within the City's Comprehensive Plan. j. Nearby Local Government Comments/Objections On January 18, 2007, the proposed comprehensive plan amendments was transmitted to Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC), the Town of Jupiter, the City of Riviera Beach, the Town of Lake Park, the Town of Mangonia Park, the Town of Juno Beach, and Palm Beach County. Upon request, the City has provided copies of the applicant's submitted materials to the Town of Jupiter on October 29, 2008. Meeting Date: April 2, 2009 Ord. 3, 2009/CPTA-06-12-000008 Page 27 of 28 5. PLANNING, ZONING, AND APPEALS BOARD At the January 13, 2009 Public Hearing, the Planning, Zoning, and Appeals Board voted 7-0 to recommend approval of the comprehensive plan text amendment. As part of public comment, staff notes that a citizen raised concern regarding whether Gardens Corporate Center (5A) has exceeding their allowable uses, the increased number of jobs will bring too much traffic, and DRI's provide an additional layer of review. Staff notes that the proposed Comprehensive Plan text amendment does not affect entitlements in any way, and only impacts the process by which a developer would need to gain approvals. Staff notes that the latest approval for the PGA Corporate Center has not exceeded their allotted uses per Resolution 59, 1999, (the Forbearance agreement). Also, the intensity of the proposed threshold (600,000 square feet of office) is less intense than the maximum development restricted by the Forbearance Agreement. Staff has provided criteria that carefully plan for traffic impacts, by allowing the increased thresholds only in proximity to I-95 and through access to major arterials. Staff has provided location criteria so that employees commuting to the site are not required to traverse the City's roadway network to reach the site. Furthermore, the areas highly suitable for increased office intensity is limited to areas served by, or will be served by public transportation. Creating jobs not only increase ridership opportunities on public transit, but permit long distance commuters the choice to utilize mass transit rather than increase traffic within the City. Staff also acknowledges that the internalization of the DRI process will need to correspond with greater local responsibility, which would require an applicant to demonstrate an application to utilize the increased DRI threshold meets the Comprehensive Plan criteria, and would also follow the City's Land Development Regulations. Ultimately, the City will be in full control, and more likely to receive high quality research and development office parks to support the City's competitiveness in the regional market. In an effort to compete in the regional market in time of economic hardship, the proposed increase of the DRI thresholds is an economic incentive that continues supporting the City's economic growth. 6. STAFF RECOMMENDATION Staff recommends APPROVAL of the proposed comprehensive plan text amendments, based on the following findings: • The proposed text amendments are consistent with Section 380.0651 Florida Statutes; • The proposed text amendments are consistent with the existing Goals, Objectives and Policies of the Treasure Coast Regional Council Strategic Policy Plan; and • The proposed text amendments further the goals of the City's commitment to balanced Meeting Date: April 2,2009 Ord.3,2009/CPTA-06-12-000008 Page 28 of 28 economic development, by diversifying its tax base, creating value-added employment, and providing long term sustainability. Staff recommends APPROVAL of Ordinance 3, 2009, which provides for the adoption of the proposed text amendment of the City's Comprehensive Plan. 6. ATTACHMENTS a. Eligible Property Groups Location Map b. Current Future Land Use Designation Map c. Current Zoning Designation Map d. Targetted Expedited Permitting Process (TEPP) Brochure e. Bioscience Research Protection Overlay (BRPO) Data & Market Analysis f. Bioscience Overlay Property Descriptions g. Palm Beach Gardens Interlocal for BLPAB h. Economic Development Analysis i. Public Notice j. Ordinance 3, 2009 ATTACHMENT "A" Eligible Property Groups Location Map —_T_ {-- �_ _a ! S IN= 1 — 1 --t}!Lti .- — I 1 - 1177— I / I DONALD ROSS RD / / Briger Tract ' , = �� _ / W '9j, III 11‘ F p t.9s IX 0 1- I J 1 i I z I I HOOD RD 1111 Parcel % I 31.06/31.07 / 1 Ilia Al.04 I a a J HoR,o,s Parcel 5A < NRRNlf 77 95 95 a \ C W 1 U 1 PGA BLVD /'/�� RCA BLVD Y ` `` Northcorp ii, ' 1,,�,,7 BURNS RD 11 0 -J U- dam. LOCATION MAP OF ELIGBLE PROPERTIES Mapl_egend b.; /, ELIGIBLE PROPERTIES i I= ^.flUNICIPAL BOUNDARY ATTACHMENT "B" Current Future Land Use Designation Map ULDRIRI 2�11 49s Z Q IF J Y ILI O H J �I HOOD RD Q x 11111 0 Rosmas 111111Pi 95 J m J H Z LLI PGA BLVD 1141\ BLVD \\\\\ RCA , BURNS RD O OLIN LL CURRENT FUTURE LAND USE DESIGNATION MAP ' i • i ■ CAF PALM BEALH ";A.i '.;�- " i A!, %I BEACH (:AP Efs4S rL �i ATTACHMENT "C" Current Zoning Designation Map r = 1 t DONALD ROSS RD._ I E' I , to = J 12' Iii til X i9�` Q O I— I _J 1 � z — — HOOD RD �I i - '� .2,..„_,_.' j 1 k� KOMORI TOWNE 1!..c_iiiillii?11111111 r 0 m Q ill-Z U PGA-BLVD A BLVD W �_° I 1 • • 11 r �! • a ate-, i 1 ' % BURNS RD O i, J LL .7 1-..__m —I u14-"„ CURRENT ZONING DESIGNATION MAP ATTACHMENT "D" Targetted Expedited Permitting Process (TEPP) Brochure FAST TRACKS CONTACTS A TEPP SUCCESS STORY ARGETED - ,, , , • • -•• . PALM BEACH GARDENS li 1111 ■ ■ A Signature City 7:11.14u:_.s;44=RNOia+lilwr+.�t EXPEDITED . . STEPHEN MAYER, Senior Planner City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 WM. THIES & SONS 561.799.4217 150 value-add jobs SMAYER(7p PBGFL.COM $9,000,000 estimated annual payroll WWW.PBGFL.COM $60,000 average wage PERMITTING 150% of County's average wage Project Economic Output 454 total employment $17,235,643 total annual payroll $54,911,391 total annual output Busli(e s $1,380,715 annual taxes generated Development ent L_-B rd - ,_.OGRA NI • 40,000 square feet PALM BEACH COUNTY'S BUSINESS RESOURCE • Gardens Commerce Center Park • Certified as Targeted Expedited Permitting Program project on ANDREW DUFFELL, Senior Vice President AS OFFERED BY 12/6/2006 Business Development Board of Palm • Application received on 12/15/2006 Beach County, Inc. , 45'14420:-..—, • Final Site Plan approval granted on 310 Evernia Street •Ag.l,�.- c%•zl.' •,s.•s.-.�'S•. 3/1/2007 by City Council West Palm Beach, FL 33401 �'�'"Z.r3,= ; y ev-t ~ 50. • 49 business days 561.835.1008 5 ADUFFELL©BDB.ORG Anticipated Construction Completion: WWW.BDB.ORG PALM BEACH GARDENS September 2007 A Signature City How TO QUALIFY FOR THE TARGETED CHECK LIST FOR TEPP QUALIFICATION EXPEDITED PERMITTING PROGRAM WHAT IS THE TARGETED EXPEDITED TWO QUALIFYING METHODS ❑ Executed Confidentially Agreement PERMITTING PROGRAM? ❑ Letter from Business Development 1) Project sanctioned by an official In order to encourage and facilitate the economic development organization: Board of Palm Beach County, Inc. expansion and relocation of target a) OTTED — State of Florida industries in the City of Palm Beach b) Enterprise Florida OR Gardens, City Council adopted the c) Business Development Board of ❑ Executed Confidentially Agreement TARGETED EXPEDITED PERMITTING Palm Beach County, Inc. PROGRAM so that value-added employment ❑ Letter of request for TEPP program on may be created at a faster pace. OR company letterhead. Letter should include mission statement and industry sector. The program gives qualifying applicants 2) Meet independent criteria: top priority during the development review a) Project falls into specific industry ❑ Spreadsheet itemizing all anticipated process and through the entire permitting cluster: positions with associated compensation process. i) Medical/Pharmaceutical (salary) package. ii) Aerospace/Engineering iii) Information Technology ❑ Company business plan BENEFITS OF THE TARGETED EXPEDITED iv) Business/Financial Services v) Research & Development PERMITTING PROGRAM(TEPP) b) Create 50 new value-added RESOURCES positions within first two years. • Single point-of-contact on City staff. c) Value-added position equates to a • WWW.PBGFL.COM • Itemized timetable for project compensation package 10% higher • WWW.BDB.ORG completion. than current per capita income in • WWW.CO.PALM-BEACH.FL.US • Priority at every phase of the review Palm Beach Gardens. • WWW.EFLORIDA.COM process. d) Pass due-diligence to establish • Face-to-face meetings to ensure clear solvency. communications. e) Receive endorsement from the • Development Review Committee City's Economic Development comments within five (5) business Advisory Board. ez% •e•_- days. �; �4: :s=:•o._:`if•1 s4:0.,, • In the event that major issues arise at CONFIDENTIALITY ‘ v any point during the process, City staff shall call a meeting with all concerned PALM BEACH GARDENS Florida Statute 288.075 provides that parties within two (2) business days. information regarding economic ASignatureCity development projects may remain CITY OF PALM BEACH GARDENS confidential. Companies seeking this GROWTH MANAGEMENT DEPARTMENT protection will need to complete the City's 10500 NORTH MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410 Confidentiality Agreement. Www.PBGFL.COM ATTACHMENT "E" Bioscience Research Protection Overlay (BRPO) Data & Market Analysis BIOSCIENCE RESEARCH OV RLAY ° OPERTI S BRIGER • LEGENDS at the GARDENS Cf IMP PARCEL 31.06/31.07 PARCEL 31 04 I _fi.l.....__11,, _ ____ ,ti —I .— tRDENS EL 5A a L J CORPORATE THE POINTE CENTER 1 .A011 1,- PARCEL 5B 1 1 LOEHMAN'S PLAZA - GARDENS STATION 1 NORTHCORP PCD 1 , 0 A PGA NATIONAL I RIVERSIDE/BURNS IN II; LIL COMMERCE PARK 1 INDUSTRIAL 1 � L, 'NI% , J Legend i4Z E BRPOW '� 5 (2 CityLimits Feet 3.550 7,100 14.200 i Y` _,.- ,,t Abacoa Town of Jupiter Donald Ross Road Caloosa ____ .°. C-18 Canal cm a 9 .a. tI S� -w ,/- I O nr ,— It Old Marsh 1 Eastpointe a l a E _ i s a 6 - airport Nees ,��k sJ" 6 w K 6■ a� i� n�s� r4� w K° Nom,Patin Beall, IIIIII �nak•m^^ - PGA,Boulevard I r m �? ae � � w. ! -1&, -,1"-"1"77— ( -,.. •.... • l'cl; . ,.. i „cn of West , CU Mme me 4, Northlake Boulevard ;aea�e �,C• a^al a IBIS u.r..,,.....wa.r..y.. - _ I '' -� Q P a ���'�, 'C P� fir,js� Official Zoning Ma . .w _._ _:-. , ►' ` ;�;� - =. Map - _. m + I"! ` •may• ... -.�.L . '.;:-:".7:1. - _..m PALM BEACH GARDEN] D A.tgxarrarr City _ V v 1050 zn10 sa00 5100 I al ..---..-. - ..rxrr>,> r--� l""�v CU Conriaanal Use Overlay PGA Overlay NOMlake Boulevard Overlay Zone(NBOZ) - Conservation Preserves Lands Unincorporated/Other Municipalities RM-Residential Medium -B,owence Research Protaceon Overlay IgRP01 Parkway System MacArthur Banyan Tree Historic Overlay protegion Zone Intracoastal Waterway RLt- CG7•General Commercial PO-Professional Office ����� RE- Residential Estates RH•Residential l High Residential Low Density-1 RMH-Residential Mobile Home CG2-Intensive Commercial PCD•Planned Community Development F<\� PUD Planned Ural Development Overlay RE- Residential Low Density-2 2 Research and Light Industrial Park PDA- h- MXD-Mined Use MIA-Light Industrial Planned Development Area _ RL3-Residential Low Density-3 CN-Neighborhood Commercial P/I-Public or Institutional CONS-Conservation i LI' -- . _ - S� I:: l.Y r . .n. e - 1. !cO5a.ROSS ROAD, r' S —-- - -_ _ Juno - t z. - - , $ CAS Cana s ' .Wily.-- I - ++ ,�1 I 1--i u•i . _ - a,xs .,n - oiax„.n .¢ ( t �h 1 _ -' I ..0 la w 11 • _ #I � '• .... .:mo 1-1' 1 .J • --- _ I.-...........o..-°.. `TNN.IS MN e i _ r - \ a 4 ir -�@f a y _-PPM S. - 1 _._< i Ili s Iwa ecw - 1 ' j '+>rr.�w.......a..�.., ,+, Ir "+ ,T,.,�..w4 � ' i;Ld i,w, - "+d 1 - ,u . . -� n }ilia e ff .-.4:..--J?-I \--,j'..1* . r11 n\ t.,:r ' 3. e R 1RP- 1 ` ..o.s r� F1 :'� a ,at' I 1l a r )` /F I y .t-. - _ "n,z 1.7, }i l•.' .Y 17,75 ;den r t. z.. �.: In „° - a: fi, V. Ord � .A J x, ' \. I — v.a..<P w. m —r �`` i I _� - �I fi► c� -=1 , F -- 1 t------- - -_ City h.0 n:°qc% a.V yt�,l o l '..,r1:414.,::J � � �4 � ^ 11 ` *. -- s L ,.`:1' —.Y.-I.:,f ] xoan use M. �y &R. ,,III,:0,44/F,17,*.', 13 I r - -'\ i� 0 ca —• — ” —• t: x..,... N „ �� �; � sal�T�1�:;,, , H ii - _ / • �...i____ T -I 1 y C i �I� , 3c-it-" 2 a � 41 � • �Future Land Use Ma 2015 _— a,.,. _ 1kY b� ' .qn r,t.m Ma.37.11.I - A. L.---1 _ lI`l� I _� a■�_ nan z5lin _ �" --- i m lumnn.s,sl. Pw Flat zo,io.ro ..ez„ I I _ r l m j .. ; ag � I. - 2,-', ' o.w...s nso.:.x..+a usa _ " aPaa �o.x...p a: �r a � +-L Y1 � - n.,. c•a ,. __ no.<. wl, P . n P�a-ns un �- I II—. -- �� _ t-Sl s Mz n,(.ry --_ ram.,.2.1 o.n,,<.: ,: owon.no n no,oen.n 21,2003.omnn a say m........O.*.IS,2003655....3,a131.10.1nanm la 2103/ j C - _ Legend RL-Residential Low ROS-Recreation Open Space N RM-Residential Medium CR-Commercial Recreation „r;xse• w RH-Residential High CONS-Conservation Parkway M_acArthur Boulevard Historic Overlay 1 .;�? Interchange MH-Mobile Home G-Golf E C•Commercial MXD-Mixed Use T Northlake Boulevard Overlay Zone(NBOZ) US DensityrReduction Overlay Western Northlake Boulevard Corridor Planning Area PO-Professional Office RR10-Rural Residential(1 per 10 Acres, aa.,.n. r1151 x.rs...,..nen.a..,an Ova,lay I•Industrial RR20-Rural Residential ll per 20 Ace) S [ \�Approved DRI/PCD with Master Site Plan on File ......... Urban Growth Boundary = BRPO P-Public RVL-Residential Very Low Solana BIOSCIENCE AVAILABLE LAND INVENTORY Parcel Name Acre LU/Zon Traffic Approval Development Approval Required PO Med Industrial Utilities East of Total UGB —Available (sq ft)* Office (sq ft) Available (sq ft)* Briger 170 MXD • FDA Required VACANT 4,000,000 Yes Yes 4,000,00C Rezoning Master Plan Parcel 5B 26.13 MXD/MXD PUD Granted VACANT 105,400 15,000 59,200 Yes Yes 179,60C Permit Gardens Corporate Center 6.6 PO/ PUD Granted VACANT 179,154 44,789 Yes Yes 223,943 Pernit Gardens Station 7.6 MXD/MXD PUD Granted VACANT 47,200 17,550 Yes Yes 64,75C Permit Legends at the Gardens 21.62 MXD/MXD PUD Granted VACANT 10,000 Yes Yes 10,000 Permit Parcel 5A 84.21 I M1 Granted VACANT 240,000 600,000 Yes Yes 840,00C Site Plan Parcel 31.06/ 41.78 MXD& RH/ PDA Granted VACANT 15,000 Yes Yes 15,000 31.07 Rezoning Parcel 31.04 50.58 MXD ' PDA Granted VACANT 10,000 Yes Yes 10,000 Rezoning The Pointe 9.15 PO/ PO Granted VACANT 150,000 Yes Yes 150,000 Permits PGA National 8.52 RL!PCD Granted Remainder of Essentially Built-out 128,586 71,093 Yes Yes 199,679 DRI Site Plan Loehtnan's Plaza 12.65 C/PUD Granted EXISTING 13,456 Yes Yes 125,679 . Muster Plan Bums Road Industrial 40.51 1/ MIA Granted EXISTING 623,779 Yes Yes 623.779** Permit NorthCoip 102.69 I/ PCD Granted EXISTING/ 1,097,351 Yes Yes 1,097.351 VACANT License 591.04 898,796 77,339 6,451,423 7,427,558 UPDATED DATA AND ANALYSIS—MAY 2006 ECONOMIC DEVELOPMENT COMPREHENSIVE PLAN ELEMENT BACKGROUND The Economic Development Element of the Comprehensive Plan of the City of Palm Beach Gardens was adopted by the City Council through Ordinance 48, 2004 on January 6, 2005, and became effective on April 4, 2005 (announcement of compliance and intent of adoption published by Florida Department of Community Affairs on March 14, 2005, in the Palm Beach Post). The Element identified the need for a balanced and diversified economy for a sustainable municipality; identified targeted industry sectors based upon a demographic analysis of the skill sets of Palm Beach Gardens' residents with the broader understanding that global trends indicate that intellectual knowledge-based industries are the future (including research and development); outlined a Targeted Expedited Permitting Program to fast- track companies through the planning, zoning, and building process so that the goal of job creation could be realized at a faster pace; identified the need to stabilize seasonal employment fluctuations in the retail and service sectors; underscored the importance of education; and recognized that quality-of-life is a delicate balance of live, learn, work, and play — all equally important to make a whole person and a whole community. ASSESSMENT OF NEED Data indicates that although a slight shift has occurred in the diversification of the tax base since the summer of 2003 when the original data and analysis for the Economic Development Element was prepared, the residential community continues to be the major source of ad-valorem revenues. For purposes of this analysis and under most circumstances, value-added employers would be included in the industrial component. See Figures 1, 2 and 3. Figure 1 Taxable Value of Property in Palm Beach Gardens 1999 2000 _ 2001 2002 2003 2004 2005 Residential 2,367,894,673 2,540,399,001 2,766,844,320 3,200,667,064 3,901,073,902 4,560,597,118 5,552,606,427 Commercial 816,965,678 836,907,664 840,896,976 891,592,721 960,726,785 1,068,583,139 1,143,990,666 Other 52,041,436 54,003,368 53,300,036 54,448,021 56,841,851 58,639,528 61,346,644 Industrial 32,437,724 36,493,830 32,349,431 33,784,092 32,684,073 31,022,658 51,516,597 Palm Beach County Extended Tax Rolls Updated Data &Analysis — May 2006 1 Economic Development Comprehensive Plan Element Figure 2 Taxable Value-Palm Beach Gardens 6,000,000,000 f, 5,000,000,000 I, 4,000,000,000 r �- Residential —Commercial 3,000,000000 - - ,___ r - Other - Industrial 2,000,000,000 1,000,000,000 - - 1999 2000 2001 2002 2003 2004 2005 Year Palm Beach County Extended Tax Rolls Figure 3 2005 Ad-Valorem Tax Percentages City of Palm Beach Gardens Industrial,0.76% Commercial, 16.90% Other,0.52% Residential,81.79% City of Palm Beach Gardens Finance Department- 2005 Updated Data & Analysis— May 2006 2 Economic Development Comprehensive Plan Element Indeed, Palm Beach County lags behind the national average and the State of Florida in value-added manufacturing opportunities, including intellectual knowledge-based research and development earnings. When compared to other research and development centers such as Raleigh-Durham and King County, Palm Beach County earnings are between 40% - 50%. See Figure 4. Figure 4 Manufacturing Value Added per Employee(Dollars In Thousands) 2 0 0- 1 8 0- 1 6 0- 1 4 0— i- 1 2 0— _ 100 : BO— 3 i, k(Y 77 A _ E 20 I I I �t I I •°t I i I I ) I y` United States Palm Beach Sarasota- King County Montgomery San Diego County Bradenton County Florida Fort Myers- Fairfax Maricopa Raleigh- Santa Clara Naples County County Durham County Source: U.S.Census Bureau,Economic Census,2002. The Palm Beach County Navigator:A Compass Report, EDRI The City of Palm Beach Gardens does not assess many of the traditional taxes that other municipalities use for generating revenue, but rather, primarily depends on ad-valorem taxes to fund services. Residents are not assessed additional taxes for utility, solid waste, storm water, or fire/rescue services; and pay a minimal amount in communication services taxes. See Figure 5. It may be prudent to examine the pros and cons of the continuation of relying on ad- valorem revenues to fund services that are required from the municipality. It may also be necessary to look at other revenue streams if it is the desire of the City of Palm Beach Gardens to offer financial incentives to the burgeoning Bio-Science industry sector with the recent announcement of Scripps-Florida. Updated Data &Analysis — May 2006 3 Economic Development Comprehensive Plan Element Figure 5 Total Cost Comparison of Area Municipalities Based on $225k Homesteaded Property FY 05/06 City Ad Utility CST Solid Storm PBC Total Valorem Tax Waste Water Fire Palm Beach 1,199 0 27 0 0 0 1,226 Gardens Jupiter 524 300 82 83 46 321 1,356 Royal Palm 524 300 65 87 0 620 1,596 Beach Wellington 540 300 65 120 120 620 1,765 North Palm 1,398 300 86 139 0 0 1,923 Beach West Palm 1,580 300 97 214 56 0 2,247 Beach Riviera Beach 1,850 300 94 147 54 0 2,445 City of Palm Beach Gardens Finance Department: Fiscal Year 2005/2006 BALANCED AND DIVERSIFIED ECONOMY Although personal and household income seems to be relatively high among residents in Palm Beach Gardens — average household income in Palm Beach Gardens continues to hold at almost $60,000, statistical data indicates that many use other revenue sources for daily expenditures. Many factors could play into the statistical data: 1. second-home ownership; 2. retirement population; and 3. knowledgeable population that relies on stock dividends and transfers for expendable income. Regardless, the outcome is still the same: the local economy is reliant on monies that already exist rather than expanding by providing new product or skills. See Figures 6 and 7. Updated Data &Analysis- May 2006 4 Economic Development Comprehensive Plan Element Figure 6 Share of Total Income by Type,2003(in Percent) 80— 69.3% 70— 60.3% 60— _ 50.296 50— 40— 37.4% 3() • 23.2% 16.1/0 0 16.5/0 20' r 0 12.4 i6 f 14.6% I 10' ktic • ' Wage Income Dividends and Interest Transfer Payments is Palm Beach County ®Florida •United Stales Source: Bureau of Economic Analysis. The Palm Beach County Navigator:A Compass Report, EDRI Figure 7 Percent of Population over 65 25 — 20 15 — 10 5 - 0 United States Florida Palm Beach County 01980 • 2000 • 2020 Source: Woods& Poole. The Palm Beach County Navigator:A Compass Report, EDRI Updated Data & Analysis —May 2006 5 Economic Development Comprehensive Plan Element GOVERNMENTAL POLICIES Governmental policies can either facilitate or hinder the economic growth and the economic sustainability of an area. Land availability for economic engines or clusters is critical. See Figures 8 and 9. Figure 8 Professional Office 1% Industrial 2% Mlxed•Use 3% Commercial 2% Commercial Recreation 4% Golf Residential 44% r 6% Public /__ 3% ,�` - / Recreation&Open Space 1% Conservation 34% Future Land Use: Palm Beach Gardens, May 2006 City of Palm Beach Gardens-GIS Division Figure 9 Land Allocation:Palm Beach Gardens-May 2006 City of Palm Beach Gardens-GIS Division Play Live 45% 44% 4/1. :4 t �R �`� h`ti Add 1 Learn' (Includes ALL Work Government Owned 8% Land) 3% Updated Data & Analysis - May 2006 6 Economic Development Comprehensive Plan Element South Florida has continued to grow at a rapid pace. Palm Beach Gardens is no exception, placing even more demand upon land development policies. As population grows, so does the need for the most valuable of resources — land. Yet, without protecting land space for value-added businesses, municipalities will be unable to obtain diversification and sustainability. Residential communities are in high demand given the sheer number of new arrivals moving into the area. Building industry clusters are long- range visions that require commitment, vision, and discipline. See Figure 10. Figure 10 Population Growth in Palm Beach Gardens 70,000 • 60,000 - - 50,000 40,000 30,000 F-- } - 'd-- ,-'_.[':5 t' '-�..i a 3 r +y rt '.A&-- a7a 4'rt?4: .t s-4ty` . •20,000 e`' `'h $ 'g Mi s . - Y�1' 4`s,s�'1:-;; x—i i „yo- kM,- . `" E T5 4z. R t sT i9 -�F---r ,� : x^' �' �u't„`� e."f ._....._a._ i`�.s '�C'F `+. '1� �'�)"Y dqy^5k" ^ 3`T .I��'J.FSA,#..- �� �A T� ��4-� t '1 'Y 4 Pliti444:50PACWiiil:A130-%r art �£ ���� ��� �� `' �`E' �� �,S''i�Y�� �°10,000 `� k"4` �'�"` `` "; i� I< t ' , + `: �' 24.57-`',,_y Sm ..r --,.,e F ... ,�.. a ,,, d au.a- "ham 4 _„--. 13.� - I L '��t°-' `>F l aRe Ii R r as �' ,4-- �'i s'3"x,{r .r' �� z Sh>:r y � ' ✓ Y �.':. 's1a } '" Y�� r � k r ., ' i, '"'x teat �s ,- �t .. Y ' 0 `a it- 1�e � . .=.. "ta li-f,....,a5 t�d,_'1 1337 ? �`7, 1.:1 ;. .SSE. '*• r 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 *Total 22,990 24,447 27,553 28,635 30,046 31,011 31,909 33,229 33,824 34,577 35,058 35,463 36,498 39,423 56,292 58,022 Data Compiled from US Census 2000, University of Florida BEBR, and City of Palm Beach Gardens Growth Management Department The U.S. economy is increasingly phasing into an intellectual knowledge-driven marketplace. According to Richard Florida, author of The Rise of the Creative Class, human creativity is the ultimate economic resource, and trends denote a shift from raw material and physical labor "products” to human intelligence, knowledge, and creativity "products". Demographics indicate that Palm Beach Gardens residents have the necessary skill sets to work in an intellectual knowledge-driven marketplace, and those skills should be leveraged to attract companies whose products are based on intellectual knowledge and creativity. According to Richard Florida's research, about 1/3 of the workforce is comprised of the creative class, and yet, it accounts for nearly half of all wage Updated Data & Analysis -May 2006 7 Economic Development Comprehensive Plan Element and salary income in the United States, or $1.7 trillion dollars — as much as the manufacturing and service sectors combined. Without examining current economic trends and future needs, government cannot prepare for unparallel success. For instance, what is the definition of industrial land? Given shifts in the global economy, the old definition of industrial land has a diminishing role. If the purpose is truly to prepare for economic trends for the coming century, local government must embrace the notion and prepare for it. The U.S. has evolved from agrarian society, to industrial, and now to intellectual knowledge-based economy - leading scholars agree. Therefore, using old definitions and values are counter productive. Factories, call centers, anything that is labor intensive has and will continue to shift to developing countries. It is an established trend for the past 20-plus years. As former Soviet countries become more stable, the trend will continue at a faster pace. Major manufacturing companies are investing at a rapid pace in the former Eastern Bloc countries since they have stabilized faster and can supply skilled, reliable, and cheap labor. NAFTA, the CBI initiative, and new agreements with China, India, and Pakistan will also greatly impact the need for industrial land in the United States. Palm Beach Gardens is competing globally and therefore, must allocate the most valuable of all resources, land, prudently. BRIGER TRACT COMPREHENSIVE PLAN CHANGES Given the economic shifts away from industrial to intellectual knowledge, the City of Palm Beach Gardens integrated solid economic development principles with proven growth management objectives where people could live, learn, work, and play through the adoption of four Comprehensive Plan changes converting the approximately 708-acre Briger Tract from Residential to Mixed-Use Development. The subtext of all the amendments: the intrinsic understanding that quality-of-life issues play a major role in economic success. Through the creative design of a Mixed-Use Development, research and development (intellectual knowledge) could sit alongside coffee shops, retail stores, schools, homes, bike trails, and parks - creating a community that would facilitate the interaction that is so necessary for the exchange of ideas and the creative process. Ordinances 4, 7, 8, and 9, 2005 were found in compliance by the Department of Community Affairs on June 16, 2005. TARGETED EXPEDITED PERMITTING PROGRAM Government is often criticized for being cumbersome, slow to react, and an impediment to progress; therefore, the City of Palm Beach Gardens has developed an innovative program to enable job creation at a faster pace. The Targeted Expedited Permitting Program expedites the planning, zoning, and building permitting process. The Targeted Expedited Permitting Program is available to companies that are expanding operations or moving into the City. Companies must meet specific criteria in order to qualify for the Targeted Expedited Permitting Program or may qualify if they have been sanctioned as an economic development project by the Business Development Board of Palm Beach Updated Data &Analysis— May 2006 8 Economic Development Comprehensive Plan Element County, Enterprise Florida, OTTED, or any other officially sanctioned economic development agency. The Targeted Expedited Permitting Program provides qualifying projects an efficient process to resolve issues in a timely manner through face-to-face meetings with a City representative without sacrificing any requirements as established by the City's Code of Ordinances. The City Council adopted Ordinance 1, 2006 which codified a Targeted Expedited Review Process for development that will provide economic development. (A copy is attached as Exhibit A). The first company to take advantage of the Target Expedited Permitting Program was The Anspach Companies. Anspach needed to expand its current facilities: 48,941 square feet and 30 new positions. The project was certified by the Business Development Board of Palm Beach County, the official economic development organization in Palm Beach County. The project was submitted on November 29, 2005, and received City Council approval on March 2, 2006 — approximately a 90-day turn-around for the project. Of note, Anspach is an international research and development corporation in the medical field. A RIMS II analysis was conducted on the project: Total annual economic activity = $9,849,040. SEASONAL EMPLOYMENT FLUCTUATIONS IN THE RETAIL AND SERVICE SECTOR Palm Beach County maintains a strong share of tourism sales compared to other destination spots in Florida. See Figure 11. Figure 11 Share of Florida Tourism Sales 8 • 1994 7 2004 6 4 3 2 1 - I I Palm Beach County Ft. Myers-Naples Sarasota-Bradenton Source: Florida Office of Economic and Demographic Research, "Tourism-Related Taxable Sales". The Palm Beach County Navigator.:A Compass Report, EDRI Updated Data & Analysis —May 2006 9 Economic Development Comprehensive Plan Element From 1997 to 2004, small gains have been made in the diversification of the local economy in Palm Beach County looking at employment numbers. Manufacturing (as expected through global shifts in the economy), retail, transportation, leisure/hospitality, agriculture, and information technology experienced losses in regards to total employment. More than likely, market share in the information technology field will be recaptured as the sector continues to recover from the dot-corn collapse in 2000. Construction, wholesale trade, educational and health services, and professional and business services experienced (the most significant was in professional/business services) showed gains. Unfortunately, health, professional, and business services are traditionally considered ancillary businesses — dependent upon dollars that already exist in the local economy. There are exceptions to the rule and the economic professional must isolate the "flow of money" to understand to impact for each individual case. See Figure 12. Figure 12 Share of Total Employment(In Percent) 25 •1994 Q 2004 20 - • 15 - 10 5 z,t 0 I i �-{- -II- 1--i- Construction Wholesale Transportation Financial Educational Agriculture and Mining Trade and Utilities Activities and Health Services Manufacturing Retail Trade Information Professional Leisure and Business and Hospitality Services Source' Bureau or Labor Statistics. The Palm Beach County Navigator:A Compass Report, EDRI The business economy in Palm Beach Gardens is driven by the service and retail sectors when conducting a historical analysis of Occupational Licenses. See Figure 13. Although there has been a slight dip in the issuance in the number of commercial licenses (value- added employers), the ad-valorem taxes generated from the commercial sector has steadily increased. See Figure 1. Those commercial businesses that have stayed in operation are finding niche markets and expanding. Updated Data &Analysis - May 2006 10 Economic Development Comprehensive Plan Element Figure 12 Growth Trends of Business Sector - Palm Beach Gardens 3000 . +Commercial 2500 —111 Retail 2000 Service 1500 1000 _. lam, _/'.=1 '\ J is,. 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 Year City of Palm Beach Gardens Community Services Department, Building Services Division, Occupational Licenses Issued PUBLIC EDUCATION Public education in the State of Florida, and particularly Palm Beach County, is at a critical point. Although the statistical report from the 2003 Data and Analysis of the Economic Development Element indicates that adults in Palm Beach Gardens are highly educated, public schools in Palm Beach County are failing compared to other regions. See Figures 14 and 15. Updated Data & Analysis —May 2006 11 Economic Development Comprehensive Plan Element Figure 14 High School Graduation Rate(in Percent) 80 — 70 -- 65 -- 55 -- 50 I i I F I I 1989 2000 2001 2002 2003 2004 INl■Palm Beach County ■ •Florida smir•United States Source:Florida Department of Education. Note. This is a Florida generated measure.comparable data are not available for national comparison areas. The Palm Beach County Navigator:A Compass Report, EDRI Figure 15 Percent of Population over 25 with a Bachelor's Degree 70 — ■1990 0 2000 60 — 0 2003 fl 50 40 — 1, s e' E 30 — e; Ii ,' i F r l 20 — 1 � -10 — _ I l i I , I l I United States Palm Beach Sarasota- King County Montgomery San Diego County Bradenton County County Florida Fort Myers- Fairfax Maricopa Raleigh- Santa Clara Naples County County Durham County Source: U.S.Census Bureau Decennial Census(1990 and 2000);American Communtiy Survey(2003). Note: ACS figures are estimates based on a sample and,thus,may vary due to sampling characteristics. 2003 estimates were not available for Fort Myers-Naples. r The Palm Beach County Navigator:A Compass Report, EDRI Students possessing a high school diploma or less will be unprepared to take advantage of the intellectual knowledge-based economy as global shifts continue. See Figure 16. Updated Data &Analysis— May 2006 12 Economic Development Comprehensive Plan Element Figure 16 Less than ,�. .- - High School Fr College 20% *® ® or Higher 27% High School ° / Post Secondary 20% Degree or Certificate 33% Source: Florida Agency for Workforce Innovation.2004-2012 Forecast. The Palm Beach County Navigator:A Compass Report, EDRI QUALITY-OF-LIFE BALANCE Quality-of-life issues weigh heavily into recruiting a company to a specific geographic region. Trends are shifting away from bedroom communities as people desire to live, play, learn, and work within a 15-25 minute commute. People, simply put, are weary of the stress that is induced by a long commute to and from work. Therefore, in optimal circumstances, planners and economic development professionals would consider all four critical elements — live, learn, work, and play - in designing a sustainable community. In a mere decade, commute time in Palm Beach County has had a dramatic increase, emphasizing the need to design mixed-use development and to plan transportation systems for the future. See Figure 17. Figure 17 Commute Time(in Minutes) 35 — u 1990 30 — ❑ 2000 25— 20 15— 105:11 0 I I l I I I I I -I United Florida Palm Broward Indian Martin Miami- Monroe St. Lucie Beach River Dade Source' U S.Census Bureau. The Palm Beach County Navigator:A Compass Report, EDRI Updated Data &Analysis —May 2006 13 Economic Development Comprehensive Plan Element The City of Palm Beach Gardens is in the enviable position to create a sustainable community that upholds the principles of live, play, learn, and work while opportunities are still available. By identifying raw land and redevelopment potential, the City may ensure economic stability and viability for generations. Understanding the interrelationship between social (live and play) and economic (learn and work) structures is paramount for quality-of-life issues as related to the business and residential community. Sound planning and building philosophies enhance the economic opportunities for the City and integrity of the community as a whole. Straying from these principles will diminish the quality-of-life for current residents and not capture the biotech cluster as envisioned by economic development professionals and officials from The Scripps Research Institute. AREAS OF CONCERN In the mid-1980s, Palm Beach County was making remarkable progress in regards to the National Wage Index. in 1996, Palm Beach County wages peaked, and average wages slipped below the national level and have not kept pace according to The Bureau of Economic Analysis. See Figure 18. Figure 18 Wage Index, U.S. = 1.00 1.05 " 1.00 - 0.95 — 0.90 0.85 I I I I I I I I I I 1 f I I f f 1 I I 1985 1987 1989 1991 1993 1995 1997 1999 2001 2003 --U Palm Beach County Florida —■United States Source: Bureau of Economic Analysis. The Palm Beach County Navigator:A Compass Report, EDRI At the same time, a booming housing market has widened the gap for the working class to purchase a home. Attainable housing is a major concern for economic development professionals, affecting recruitment efforts, and may severely affect the ability to build a sustainable community. See Figures 19, 20 and 21 . Updated Data & Analysis— May 2006 14 Economic Development Comprehensive Plan Element Figure 19 Percent of Households Able to Afford Home 80 — ■ 1995 70 — RI 2005 e II1L (R f 1 I I "' I I I I I I United States Fort Myers Sarasota- Raleigh San Jose Washington Bradenton Palm Beach Naples Phoenix San Diego Seattle County Source: National Homehuilders Association,"Housing Opportunity Index". �rirrrr� The Palm Beach County Navigator:A Compass Report, EDRI Figure 20 Median Price of Existing Single-Family Homes(Thousands of Dollars) 350 — III 1994 300 — ❑2004 250 — 200 -- 150 — 100 — 50 • • Miami-Dade Broward Palm Beach Treasure Coast Florida United States Sources: Florida Association of Realtors and National Association of Realtors. The Palm Beach County Navigator:A Compass Report, EDRI Updated Data & Analysis —May 2006 15 Economic Development Comprehensive Plan Element Figure 21 Median Sales Price Market 1994 2004 Percent Change San Diego County 176.0 551.6 213% Naples 144.7 374.3 159% Palm Beach County 117.4 300.9 156% Santa Clara County 254.9 641.7 152% Sarasota-Bradenton 97.0 244.1 152% Fort Myers-Cape Coral 86.5 192.1 122% Fairfax County 230.1 500.0 117% Montgomery County 220.0 450.0 105% King County 170.2 322.0 89% Maricopa County` 91.4 169.4 85% Raleigh-Durham 115.2 182.9 59% Florida $86.2 $182.4 112% United States $109.9 $184.1 68% Sources:Florida Association of Realtors,California Association of Realtors,Washington Association of Realtors, Montgomery County,Fairfax County,National Association of Reactors;data are for existing single-family homes. Maricopa County data is actually for the Phoenix MSA. The Palm Beach County Navigator:A Compass Report, EDRI THE SCRIPPS RESEARCH INSTITUTE AND THE BIO-SCIENCE INDUSTRY SECTOR Before state and local governments began courting The Scripps Research Institute, Palm Beach Gardens had embarked upon the diversification of the local economy. One of the identified target areas for growth was research and development. This was no coincidence. The decision was based upon the skill sets of residents, the existence of companies in the industry sector in Palm Beach Gardens, and the expanding market. See Figure 22. It was the vision of the City of Palm Beach Gardens to combine the physical infrastructure and community support systems necessary to facilitate the exchange of intellectual knowledge and enable the efficient transfer of scientific theory to marketplace, while fostering strong community and family relationships to achieve a balanced quality-of- life. Updated Data & Analysis —May 2006 16 Economic Development Comprehensive Plan Element Figure 22 Industry Sectors: 100 Fastest Growing Companies 2005 Source: Business 2.0 & CNN Money Based on Revenue Growth& Stock Return(Tech Companies) Electronics&Military Electronics 1 V Manufacturing& Military Manufacturing 9% Business Services j/ 14% Ara." Software Development 23% Scientific&Medical 29% Retail Telecom,Military 3% Telecom 4% Data source for graph creation: Business 2.0 via www.cnnmoney.com It was understood, also, that there is a convergence of intellectual knowledge — biology meeting chemistry and physics, computer science merging with anatomy — creating new discoveries that have no names. Only with the exchange of ideas can the possibilities be unraveled. Perhaps, it is the most challenging role of the economic development and growth management professional to enable, facilitate, and preserve that possibility through land management practices. Cures may not happen in our lifetime, but they could happen in our City. Updated Data & Analysis—May 2006 17 Economic Development Comprehensive Plan Element ATTACHMENT "F" Bioscience Overlay Property Descriptions EXHIBIT A BIOSCIENCE OVERLAY PROPERTIES LEGAL DESCRIPTIONS PARCEL NAME PARCEL_NUM OWNERI ACRE LEGAL_DESC MACARTHUR PAR 5B ALL OF PLAT (LESS PT LYG E OF & ADJ TO RCA CENTER DR K/A POD C IN Parcel 5B 52424201160000010 PGA FLYOVER CORPORATE PARK LL( 19.17 OR19603P133) MACARTHUR PAR 5B PT OF PLAT LYG E OF &ADJ 52424201160000020 PGA TRANSPORTATION ORIENTED DE 6.96 TO RCA CENTER DR K/A POD C IN OR19603P133 PGA National Commerce 52424215380000040 NORTHERN PALM BEACH COUNTY 3.26 PGA NATIONAL COMMERCE PARK PL 2 LT 4 Park 52424215380000060 'LRP PROPERTIES LLC 5.26 PGA NATIONAL COMMERCE PARK PL 2 LT 6 7-42-43, TH PT OF SW 1/4 LYG SOF BUCKEYE ST& Riverside/Burns Industrial 52434207000007410 DI VOSTA & CO 1.80 NELY OF RIVERSIDE DR AS IN OR3083P1767 7-42-43, ELY 58.50 FT OF WLY 1049.50 FT AS MEAS 52434207000007230 HARBOR LAND 0.55 ALG&ADJ TO S LI OF BURNS RD 7-42-43, PT OF SW 1/4 W OF FECRY R/W IN 52434207000007100 KEATING MOORE DEVELOPMENT LLC 0.36 OR1573P319 7-42-43, PT OF SW 1/4 LYG W OFFEC RY R/W & E 52434207000007180 SMITH SCOTT W& 0.49 OF RIVERSIDE DR IN OR1142P589 7-42-43, SLY 147.94 FT OF TH PT OF SW 1/4 LYG W OF FEC RY R/W & E OF RIVERSIDE DR AS IN 52434207000007200 DESROCHERS REALTY INC 0.44 OR1174P534 7-42-43, ELY 224.62 FT OF N 300 FT OF TH PT OF SW 1/4 LYG S OF BURNS RD & W OF 52434207000007290 FINE SEYMOUR A TR 1.34 RIVERSIDEDR IN OR1637P579 7-42-43, WLY 183.08 FT OF S 140 FT OF N 170 FT OF TH PT OF SW 1/4 LYG E OF RIVERSIDE DR IN 52434207000007210 SHEPHERD DANIEL J & 0.64 OR1465P263 7-42-43, PT OF S 139.73 FT OF N 309.73 FT OF WLY 183.08 FT OF SW 1/4 LYG E OF RIVERSIDE DR IN 52434207000007220 DANIELLO L J INC 0.45 OR1189P581 52434207000007250 DI VOSTA&CO 2.09 7-42-43, PARCEL IN SW 1/4 IN OR2231P216 Page 1 of 7 EXHIBIT A BIOSCIENCE OVERLAY PROPERTIES LEGAL DESCRIPTIONS PARCEL NAME PARCEL_NUM OWNERI ACRE LEGAL_DESC 52434207000007280 STRAUSER GEORGE F 0.53 7-42-43, PT OF SW 1/4 IN OR1555P519 7-42-43 PARCEL IN NE 1/4 OF SW 1/4 AS IN Riverside/Burns Industrial 52434207000007310 CSONT KENNETH 0.39 OR1735P1009 12-42-42 S 530 FT OF E 260 FT OF W 320 FT OF SW 52424212000001080 COMAC BURNS ROAD LLC 2.98 1/4 OF SE 1/4 OF NE 1/4 7-42-43, TH PT OF SW 1/4 LYG E OF RIVERSIDE DR, W OF IRONWOOD RD, N OF RUBY ST & S OF 52434207000007350 PALM BEACH GARDENS CITY OF 1.34 PEARL ST(LESS NLY 363.50 FT) 7-42-43, ELY 134.50 FT OF WLY 991 FT AS MEAS 52434207000007390 CLARK CHANDLER K&MAY 0.64 ALG&ADJ TO S LI OF BURNS RD 7-42-43, NLY 330.59 FT OF WLY 434.37 FT OF SW 1/4 (LESS N 30 FT BURNS RD R/W & WLY 150 FT I- 52434207000007420 NORTH PALM BEACH CNTY SURGERY 2.03 95 R/W) : 7-42-43, TH PT OF SW 1/4 LYG EOF RIVERSIDE DR, W OF IRONWOOD RD, N OF RUBY ST & S OF 52434207000007440 SHEPHERD DANIEL J& ROBYN J 0.94 PEARL ST BEING SLY 148.50 FT OF 12-42-42, NLY 314.67 FT OF WLY 490.26 FT OF ELY 541.04 FT (LESS NLY 8.77 FT OF WLY 194.78 FT 52424212000005030 RA CO AMO INC 3.58 BURNS RD R/W)OF SE 1/4 12-42-42, WLY 562.43 FT OF ELY 760.27 FT OF SLY 580.90 FT OF NLY 610.90 FT ( LESS NLY 318.99 FT OF WLY 537.56 FT) OF E 1/2 OF SE 1/4 AS IN 52424212000005510 RA CO AMO INC 3.84 OR6116P1250 7-42-43, PT OF NW 1/4 OF SW 1/4 LYG BET SR 9 & RIVERSIDE DR & N OF THOMPSON CREEK IN 52434207000007040 PERRY CABLE TV CORP 0.64 OR1549P347 Page 2 of 7 EXHIBIT A BIOSCIENCE OVERLAY PROPERTIES LEGAL DESCRIPTIONS PARCEL NAME PARCEL_NUM OWNERI ACRE LEGAL_DESC 7-42-43, WLY 225.30 FT OF E 418.30 FT OF SLY 178.25 FT LYG N OF BUCKEYE ST, W OF Riverside/Burns Industrial 52434207000007400 SOUTHEAST FL CABLE INC 1.14 IRONWOODRD&S OF BURNS RD AS IN 7-42-43, IRREG SHAPED PAR NLY OF & ADJ TO BUCKEYE ST & RIVERSIDE DR (LESS PAR IN 52434207000007010 DI VOSTA&CO 2.84 OR3849P1112) 7-42-43, PARCEL IN SW 1/4 LYG S OF PEARL ST BET RIVERSIDE DR & IRONWOOD RD AS IN 52434207000007300 RIVERSIDE ASSOCIATES 1.32 OR1730P1547 7-42-43, S 208 FT OF N 238 FT OF WLY 418.85 FT OF ELY 574.41 FT OF SW 1/4 LYG W OF CENTER 52434207000007330 PALM BEACH GARDENS CITY OF 2.01 LINE OF FEC RY AS IN OR1674 7-42-43 IRREG SHAPED PAR BEINGSLY 215.72 FT OF NLY 250.72 FT OF ELY 151.12 FT OF WLY 52434207000007020 DYE &ASSOCIATES INC 0.59 1265.88 FT OF SW 1/4 52434207000007050 PBPS ENT INC 1.04 7-42-43, PAR IN SW 1/4 DESC INOR897P1105 7-42-43, PT OF SW 1/4 LYG W OFFEC RY R/W & E OF RIVERSIDE DR (LESS SLY 147.94 FT) AS IN 52434207000007190 WUBKER ROY H TR 0.20 OR8067P1364 7-42-43, PT OF NW 1/4 OF SW 1/4 LYG BET SR 9 & RIVERSIDE DR & N OF THOMPSON CREEK IN 52434207000007270 RPBGI LLC 4.50 OR1549P347 52434207000007060 RIVERSIDE PARTNERS LLC 1.02 7-42-43, PAR IN SW 1/4 DESC INOR897P1127 7-42-43, TH PT OF SW 1/4 LYG NLY OF & ADJ TO 52434207000007030 DI VOSTA&CO 0.65 BUCKEYE ST& RIVERSIDE DR AS IN B3849P1112 12-42-42, SLY 480 FT OF ELY 823.66 FT OF SE 1/4 OF NLY 1/4 LYG W OF &ADJ TO 1-95& N OF &ADJ 52424212000001040 _BURNS ROAD ASSOCIATES LTD 8.48 TO BURNS RD R/WS (LESS 52434207220000030 KANITSCH LOUIS&MARGARET R 0.65 GARDENS COND WAREHOUSE UNIT 3 Page 3 of 7 EXHIBIT A BIOSCIENCE OVERLAY PROPERTIES LEGAL DESCRIPTIONS PARCEL NAME PARCEL_NUM OWNERI ACRE LEGAL_DESC 52434207220000040 RJS BUILDER INC 0.00 GARDENS COND WAREHOUSE UNIT 4 Riverside/Burns Industrial 52434207220000050 RJS BUILDERS INC 0.00 GARDENS COND WAREHOUSE UNIT 5 52434207220000020 MJK DEVELOPMENT LLC 0.00 GARDENS COND WAREHOUSE UNIT 2 52434207220000010 TKM DEVELOPMENT 0.00 GARDENS COND WAREHOUSE UNIT 1 52434207220000060 STEVENS EARL 0.00 GARDENS COND WAREHOUSE UNIT 6 35/36-41-42, SE 1/4 OF SEC 35 LYG SELY OF &ADJ TO CENTRAL BLVD & NELY OF & ADJ TO 1-95 Parcel 31.04 52424135000005020 _GARDENS 95 LTD PTNRSHP 50.58 R1WS & 35-41-42,W 1/2 LYG RCA PARK PL, LT 1A (LESS TRGLR PAR RCA NorthCorp PCD 52424201150000010 EQUITY INNS PARTNERSHIP LP 2.99 BLVD R/W) 52424201150000020 NORTHCORP DEV INC 3.17 RCA PARK PL LT 2A TEN YEARS LLC WATTERSON & 52424201130000011 HYLAND C/O 1.49 WEST PARK CENTER NLY 347.88 FT OF LT 1 52424212180000012 ANSPACH W E JR TR 0.80 SOUTH PARK CENTER NLY 80 FT OF LT 1 52424212180000090 IMPLANT INNOVATIONS INC 3.01 SOUTH PARK CENTER LT 9 52424212180000130 BURNS ROAD EAST ASSOC LTD 3.00 SOUTH PARK CENTER LT 13 52424212180000100 IMPLANT INNOVATIONS INC 6.02 SOUTH PARK CENTER LTS 10& 11 52424212180000050 _NORTHCORP III LTD 3.00 SOUTH PARK CENTER LT 5 52424212180000020 SOUTH PARK CENTER II LTD 3.01 SOUTH PARK CENTER LT 2 52424201130000020 ANSPACH W E JR TR 3.97 WEST PARK CENTER LT 2 52424212180000060 IMPLANT INNOVATIONS INC 6.26 SOUTH PARK CENTER LTS 6&7 52424201130000012 LEPERCQ CORP INCOME FUND 6.20 WEST PARK CENTER LT 1 (LESS NLY 347.88 FT) 52424212180000080 JOHN C BILLS ENTERPRISES LTD 3.33 SOUTH PARK CENTER LT 8 52424212190000020 JOHN C BILLS ENTERPRISES LTD 2.21 NORTHCORP CENTER LT 2 52424212180000120 JOHN C BILLS ENTERPRISES LTD 1.81 SOUTH PARK CENTER LT 12 52424212190000010 JOHN C BILLS ENTERPRISES LTD 26.09 NORTHCORP CENTER LT 1 52424212180000040 NORTHCORP III LTD 3.01 SOUTH PARK CENTER LT 4 52424212180000030 CENTRE GARDEN CITY 3.08 SOUTH PARK CENTER LT 3 Page 4 of 7 EXHIBIT A BIOSCIENCE OVERLAY PROPERTIES LEGAL DESCRIPTIONS PARCEL NAME PARCEL NUM OWNER1 ACRE LEGAL DESC WEST PARK CENTER TR W-1 K/A WATER MGMT 52424201130230010 RCA BLVD DRAINAGE ASSN INC 1.97 TR 52424212180230010 RCA BLVD DRAINAGE ASSN INC 4.02 SOUTH PARK CENTER TR W-1 NorthCorp PCD 52424212180000011 ANSPACH HOLDING LTD 2.23 SOUTH PARK CENTER LT 1 (LESS NLY 80 FT) 52434207000003110 RCA BLVD DRAINAGE ASSN INC 3.11 7-42-43,W 51.89 FT OF FEC RR RY IN N2 1/4 PUBLIC RIGHT OF WAYS 8.91 Gardens Station 52424201180050000 PGA DEVELOPMENT ASSOCIATES LC 3.74 GARDENS STATION EAST TR K/A FUTURE DEV 52424201180230000 PGA DEVELOPMENT ASSOCIATES LC 3.86 GARDENS STATION WEST TR K/A FUTURE DEV 1-42-42, S 1/2 OF N 1/2 OF SE 1/4 OF NW 1/4 (LESS The Pointe 52424201000003020 POINTE PROPERTY DEVELOPMENT LL 2.95 E 107 FT RD R/W& 1-95 R/W) 1-42-42, N 1/4 OF SE 1/4 OF NW1/4 (LESS E 107 FT 52424201000003010 POINTE PROPERTY DEVELOPMENT LL 5.51 RD R/W& 1-95 R/VV) 1-42-42, IRREG SHAPED PAR IN E 1/2 OF S 1/2 OF1 52424201000003030 COMMUNITIES FINANCE CO 0.69 SE 1/4 OF NW 1/4 LYN N OF&ADJ TO 1-95 RIW Parcel 31.06/31.07 52424136000003040 PALM BEACH GARDENS DEVLPRS LL( 30.74 35-41-42, IRREG SHAPED PAR IN NE 1/4 OF SE 1/4 52424135000005010 PALM BEACH GARDENS DEVLPRS LL( 11.04 LYG N OF&ADJ TO 1-95&CENTRAL BLVD R/WS Legends at the Gardens 52424125100060010 LEGENDS AT THE GARDENS MASTER 0.13 LEGENDS OF THE GARDENS TR Fl K/A BUFFER 52424125100160010 LEGENDS AT THE GARDENS MASTER 1.42 LEGENDS OF THE GARDENS TRS P1 & P2 LEGENDS OF THE GARDENS TR A K/A 52424125100010000 PRINCE JOEL 2.26 COMMERCIAL&OFFICE DEV LEGENDS OF THE GARDENS TRS L1 & L2 K/A 52424125100120000 LEGENDS AT THE GARDENS MASTER 4.46 WATER MGMT LEGENDS OF THE GARDENS TR P3 K/A 52424125100160030 LEGENDS AT THE GARDENS MASTER 1.13 PRESERVE Page 5 of 7 EXHIBIT A BIOSCIENCE OVERLAY PROPERTIES LEGAL DESCRIPTIONS PARCEL NAME PARCEL NUM OWNERI ACRE LEGAL_DESC 52424125100060020 LEGENDS AT THE GARDENS MASTER 0.22 LEGENDS OF THE GARDENS TR F2 K/A BUFFER LEGENDS OF THE GARDENS TR C K/A WATER 52424125100030000 LEGENDS AT THE GARDENS MASTER 0.10 MGMT Legends at the Gardens 52424125150044101 LEGENDS AT THE GARDENS MASTER 11.89 COMPRISED OF 188 SEPARATE LEGALS 1-42-42, SLY 219.58 FT OF ELY 543.43 FT OF SE 114 Parcel 5A 52424201000005130 NORTHERN PALM BEACH COUNTY 1.29 LYG N OF&ADJ TO PGA BLVD K/A PAR 800G 6-42-43, W 1/2 LYG W OF &ADJ TO FEC RY & N OF & ADJ TO PGA BLVD R/WS (LESS SLY 126.61 FT 52434206000003030 PGA NORTH II OF FLORIDA LLC 2.62 OF NLY 2601.54 FT OF WLY 1-42-42, SE 1/4 LYG NWLY OF &ADJ TO PGA BLVD & NELY OF & ADJ TO 1-95 R/W (LESS SLY 219.58 52424201000005050 PGA NORTH II OF FLORIDA LLC 46.50 FT OF ELY 543.43 FT K/A 6-42-43, SLY 545.51 FT OF W 1/2 LYG W OF & ADJ TO FEC RY & N OF & ADJ TO PGA BLVD RIWS K/A 52434206000003140 NORTHERN PALM BEACH COUNTY 2.48 PAR 800D(LESS RCA CENTER 1-42-42, NE 1/4 LYG SLY OF &ADJ TO PB37P155 & PINE TREE BLVD RIW (LESS SLY 647.43 FT OF 52424201000001020 PGA NORTH II OF FLORIDA, LLC 23.28 NLY 722.63 FT OF WLY 688.03 6-42-43, SLY 126.61 FT OF N 2601.52 FT OF WLY 52434206000003020 PGA NORTH II OF FLORIDA LLC 0.10 34.47 FT OF NW 1/4 LYG W OF FEC RY R!W 1-42-42, SLY 647.43 FT OF NLY 722.63 FT OF NLY 688.03 FT OF ELY 788.03 FT OF NE 1/4 LYG SLY OF 52424201000001010 PGA NORTH II OF FLORIDA LLC 7.94 PINE TREE BLVD(LESS 6-42-43, IRREG SHAPED PAR IN W 1/2 LYG N OF SR 786, E OF SR ALT A-1-A & S OF SW DR AS IN Gardens Corporate Center 52434206000003120 MENIN ACQUISITION I LLC 1.23 OR11489P756 Page 6 of 7 EXHIBIT A BIOSCIENCE OVERLAY PROPERTIES LEGAL DESCRIPTIONS PARCEL NAME PARCEL NUM OWNER1 ACRE LEGAL_DESC 6-42-43, IRREG SHAPED PAR LYG W OF & ADJ TO 52434206000003080 MENIN ACQUISITION I LLC 5.37 PB74P80& S OF&ADJ TO SOUTHWEST DR 1-42-42, TH PT OF SE 1/4 LYG SELY OF PGA BLVD, ELY OF SR 9, WLY OF RCA DR (LESS S 310 FT, SELY SWLY 145.04 FT OF NELY 310 FT & PARS IN Loehman's Plaza 52424201000005010 PBG LOEHMANNS REALTY LLC 12.65 OR1681P673, OR3710P434&OR3744P1117) Briger BRIGER 30 ACRE PARCEL 30.00 BRIGER 40 ACRE PARCEL 40.00 BRIGER 100 ACRE PARCEL 100.00 TOTAL ACREAGE 591.03 Page 7 of 7 ATTACHMENT "G" Palm Beach Gardens Interlocal for BLPAB -trmaw.•.rww��::v.. (1) Date Prepared: March 1,2006 1 RESOLUTION 34, 2006 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AUTHORIZING THE MAYOR AND 6 CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT WITH 7 PALM BEACH COUNTY, THE TOWN OF JUPITER, THE TOWN OF 8 MANGONIA PARK, THE TOWN OF LAKE PARK, AND THE CITY OF 9 RIVIERA BEACH CREATING A BIOSCIENCE LAND PROTECTION 10 ADVISORY BOARD AND PROVIDING FOR CONSIDERATION OF 11 LOCAL COMPREHENSIVE PLAN AMENDMENTS TO ESTABLISH 12 AND PROTECT BIOSCIENCE RESEARCH PROTECTION 13 OVERLAYS; AND PROVIDING AN EFFECTIVE DATE. 14 15 16 WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal 17 Cooperation Act of 1969," authorizes local governments to make the most efficient use 18 of their powers by enabling them to cooperate with other localities on a basis of mutual 19 advantage and thereby to provide services and facilities that will harmonize geographic, 20 economic, population, and other factors influencing the needs and development of local 21 communities; and ''2 .3 WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies, as 24 defined therein, to enter into interlocal agreements with each other to jointly exercise 25 any power, privilege, or authority which such agencies share in common and which 26 each might exercise separately; and 27 28 WHEREAS, the Cities and County recognize that the relocation of The Scripps 29 Research Institute's ("TSRI") operations onto Florida Atlantic University's John D. 30 McArthur Campus ("FAU Jupiter Campus") and a portion of the Briger Parcel in Palm 31 Beach Gardens ("Briger") will further the vision of the Governor and the State of Florida 32 to create an economic development cluster to support TSRI; and 33 34 WHEREAS, the Cities and County recognize that the creation of an economic 35 development cluster to support TSRI will ensure a diversified economy and provide 36 high-wage employment within Palm Beach County, the Treasure Coast Region, and the 37 State; and 38 39 WHEREAS, the Palm Beach County Board of County Commissioners elected to 40 enter into negotiations with TSRI for the relocation of its operations to the FAU Jupiter 41 Campus and to Briger in reliance on the Cities' commitment to support an economic 42 development cluster in support of TSRI; and 43 44 WHEREAS, to fulfill this commitment, the Cities and County have agreed to form 45 an Advisory Board; and ,6 Date Prepared: March 1,2006 Resolution 34,2006 1 WHEREAS, to fulfill this commitment, the Cities have each agreed to initiate and 2 consider amendments to their respective Comprehensive Plans that establish a 3 Bioscience Research Protection Overlay ("Overlay"), and that provide a super majority 4 vote requirement to protect land identified in the Overlay; and 5 6 WHEREAS, the City Council deems approval of this Resolution to be in the best 7 interest of the citizens and residents of the City of Palm Beach Gardens. 8 9 10 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 11 OF PALM BEACH GARDENS, FLORIDA that: 12 13 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 14 15 SECTION 2. The City Council hereby approves the Interlocal Agreement with 16 Palm Beach County, the Town of Jupiter, the Town of Mangonia Park, the Town of 17 Lake Park, and the City of Riviera Beach creating a bioscience land protection advisory 18 board and providing for consideration of local comprehensive plan amendments to 19 establish and protect bioscience research protection overlays, and hereby authorizes 20 the Mayor and City Clerk to execute said Agreement. 21 • 22 SECTION 3. This Resolution shall become effective immediately upon adoption. 23 24 25 26 (The remainder of this page left intentionally blank) 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 2 Date Prepared: March 1,2006 Resolution 34,2006 1 PASSED AND ADOPTED this a` day of , 2006. 2 3 4 CITY OF PALM BEACH GA•D S, FLORIDA 5 6 7 BY: 14 , •t-�--, 8 'o e.h '. Russo, Mayor 9 ATTEST: 10 11 12 BY: 13 Patricia Snider, CMC, City rk 14 15 16 APPROVED AS TO FORM AND 17 LEGAL SUFFICIENCY 18 19 - 20 BY: i i. _r.P. , / /--- 21 ristine . Tatum, City Attorney 22 24 25 26 VOTE: AYE NAY ABSENT 27 28 MAYOR RUSSO 29 30 VICE MAYOR JABLIN 31 32 COUNCILMEMBER LEVY 33 34 COUNCILMEMBER VALECHE 35 36 COUNCILMEMBER BARNETT 37 38 39 -C417 40 41 42 43 44 45 6 \\pbgsrileWttorney\attorney_share\RESOLUTIONS\multi city interlocal agmt•reso34 2006.doc 3 INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF PALM BEACH GARDENS, THE TOWN OF JUPITER, THE TOWN OF MANGONIA PARK, THE TOWN OF LAKE PARK, AND THE CITY OF RIVIERA BEACH CREATING A BIOSCIENCE LAND PROTECTION ADVISORY BOARD AND PROVIDING FOR CONSIDERATION OF LOCAL COMPREHENSIVE PLAN AMENDMENTS TO ESTABLISH AND PROTECT BIOSCIENCE RESEARCH PROTECTION OVERLAYS This Interlocal Agreement is made the day of , 2006, between Palm Beach County, a political subdivision of the State of Florida ("County"), and the City of Palm Beach Gardens, the City of Riviera Beach, the Town of Mangonia Park, the Town of Lake Park, and the Town of Jupiter, Florida municipal corporations ("Cities"), collectively referred to as "the Parties", each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies, as defined therein, to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and 1 WHEREAS, the Cities and County recognize that the relocation of The Scripps Research Institute's ("TSRI") operations onto Florida Atlantic University's John D. McArthur Campus ("FAU Jupiter Campus") and a portion of the Briger Parcel in Palm Beach Gardens ("Briger") will further the vision of the Governor and the State of Florida to create an economic development cluster to support TSRI; and WHEREAS, the Cities and County recognize that the creation of an economic development cluster to support TSRI will ensure a diversified economy and provide high-wage employment within Palm Beach County, the Treasure Coast Region, and the State; and WHEREAS, the Palm Beach County Board of County Commissioners elected to enter into negotiations with TSRI for the relocation of its operations to the FAU Jupiter Campus and to Briger in reliance on the Cities' commitment to support an economic development cluster in support of TSRI; and WHEREAS, to fulfill this commitment, the Cities and County have agreed to form an Advisory Board; and WHEREAS, to fulfill this commitment, the Cities have each agreed to initiate and consider amendments to their respective Comprehensive Plans that establish a Bioscience Research Protection Overlay ("Overlay"), and that provide a super majority vote requirement to protect land identified in the Overlay. NOW THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: SECTION 1. The foregoing recitals are true and correct and are hereby incorporated herein by reference. 2 SECTION 2. Bioscience Land Protection Advisory Board. A. A Bioscience Land Protection Advisory Board is hereby established. The purpose of the Board shall be to protect those lands which each of the Cities has identified as being subject to a bioscience research area protection overlay. B. The Board shall consist of seven (7) members with the Governor of the State of Florida; Palm Beach County; the Towns of Jupiter, Lake Park, and Mangonia Park; and the Cities of Palm Beach Gardens and Riviera Beach each appointing one (1) regular member and one (1) alternate member. Each appointment shall follow the same formal procedure the appointing entity uses for board or commission appointments. C. A quorum of the Board shall be necessary for it to conduct any business and shall consist of four (4) members present and voting. The majority vote of those present and voting shall be required to pass a motion. Each regular member shall have one vote. An alternate member shall sit on behalf of the appointing entity and have a vote only when the regular member of such entity is absent. D. Authority of Board. The Board shall have the authority to: 1. Analyze and make recommendations regarding: (a) applications to rezone land or amend the future land use map designation for land; and (b) proposed amendments to the land development regulations that directly affect bioscience research uses on property within the Overlay. No such application to rezone, amend the future land use map, or amend the land development regulations pertaining to said property shall be l I 3 considered unless the Board shall have conducted a public meeting on the application and rendered a recommendation to the applicable governing body; provided, however, in the event the Board fails to render a recommendation within sixty (60) days after the staff of the applicable governing body in which the land proposed for approval is located determines that such application or request is complete for purposes of review by the Board, the affected governing body may proceed to consider and make a determination upon the application or request without receiving a recommendation from the Board. 2. Plan for, and address the availability of, developed and undeveloped land for bioscientific training/education, research, and related uses and users. 3. Assist in coordinating, integrating, and streamlining administrative and regulatory procedures at the municipal, county, regional, and state levels for bioscience research uses. 4. Consider and/or propose policy initiatives and legislative or regulatory efforts to encourage and sustain the development of biomedical research uses in the Overlay. 5. Set fees and charges as determined to be necessary for direct costs and expenses incurred by the Board in reviewing development applications. 4 SECTION 3. Comprehensive Plan Amendments. The Parties recognize that it may be necessary for the Cities to amend their respective Comprehensive Plans to achieve the goals of this Interlocal Agreement. Each City agrees to direct its respective staff to initiate plan amendments, no later than its next regular round of comprehensive plan amendments, as may be necessary to establish and protect a Bioscience Research Protection Overlay within its jurisdiction. These proposed amendments shall include, at a minimum, amendments to the Future Land Use Element and the Intergovernmental Coordination Element which provide for: A. The creation of a Bioscience Research Protection Overlay which: 1. Maps the properties subject to the Overlay. 2. Identifies permitted uses within the Overlay. 3. Identifies prohibited uses within the Overlay. 4. Contains policies protecting lands subject to the overlay from residential or commercial development 5. Contains policies providing mechanisms to coordinate planning between local governments and ensure intergovernmental cooperation in the development and implementation of the Overlay B. A requirement for a super majority vote of the governing body to approve conversion of land uses on property within the Bioscience Research Protection Overlay. 1 , 5 SECTION 4. Financial Obligations. A. Each city will provide technical support necessary to allow the Board to fully review and make recommendations regarding projects in their respective jurisdictions and will provide other technical and logistical support to the extent determined appropriate by each city. B. County will provide technical support and logistical support to the Board to the extent determined appropriate by the County. C. If agreed to by the Parties in writing and subject to the appropriation by each party, the Parties may agree to fund the operation of the Board, in whole or in part, through annual appropriations, in amounts determined by the Board and agreed to by each Party. SECTION 5. General Terms and Conditions. A. This Agreement shall continue through March 14, 2016, but may be extended by written agreement of the parties. B. Any party may withdraw from this Agreement upon 365 days' written notice to the other parties, thereby relieving the withdrawing party of all obligations and benefits arising out of this Agreement. C. This Agreement shall be construed by and governed by the laws of the State of Florida. Venue shall be in circuit court for Palm Beach County, and each party shall bear its own fees and costs. D. The captions and section designations set forth herein are for convenience only and shall have no substantive meaning. 6 E. In the event that any section, paragraph, sentence, clause, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. F. This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreement, written or oral, relating to this Agreement. G. This Agreement may be modified and amended only by written instrument executed by the parties hereto. H. None of the parties shall be considered the author of this Agreement since the parties have participated in extensive negotiations and drafting and redrafting of this document to arrive at a final Agreement. Thus, the terms of this Agreement shall not be strictly construed against one party as opposed to another party based upon who drafted it. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County pursuant to Section 163.01(11), Florida Statutes. J. This document can be signed in counterparts. K. All notices given under this Agreement shall be deemed sufficient to each party when delivered by United States Mail, personal delivery or a nationally-recognized overnight delivery service to the following: 7 If to County: Scripps Program Manager Palm Beach County 301 North Olive Avenue, 11th Floor West Palm Beach, Florida 33401 With a copy to: Chief Assistant County Attorney Palm Beach County Attorney's Office 301 North Olive Avenue, Suite 601 West Palm Beach, Florida 33401 If to Palm Beach Gardens: City Manager City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 With a copy to: City Attorney City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 If to Jupiter: Town Manager Town of Jupiter 210 Military Trail Jupiter, Florida 33458 With a copy to: Town Attorney Town of Jupiter 210 Military Trail Jupiter, Florida 33458 8 If to Lake Park: Town Manager Town of Lake Park 535 Park Avenue Lake Park, Florida 33403 With a copy to: Town Attorney Town of Lake Park 535 Park Avenue Lake Park, Florida 33403 If to Mangonia Park: Town Manager Town of Mangonia Park 1755 E. Tiffany Drive Mangonia Park, Fl 33407 With a copy to: Town Attorney Town of Mangonia Park 1755 E. Tiffany Drive Mangonia Park, Fl 33407 If to Riviera Beach: City Manager City of Riviera Beach 600 West Blue Heron Blvd. Riviera Beach, Florida 33404 With a copy to: City Attorney City of Riviera Beach 600 West Blue Heron Blvd. Riviera Beach, Florida 33404 9 Any party may change the address to which notices shall be given to such party upon three (3) days' prior written notice to the other parties. The effective date of any notice given hereunder shall be the date of delivery if by personal delivery or the date of receipt if given by United States or overnight mail. (The remainder of this page left intentionally blank) 10 IN WITNESS WHEREOF, the parties hereto have affixed their signatures on the day and year first above written. ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS Sharon R. Bock, Clerk & Comptroller By: By: Deputy Clerk Tony Masilotti, Chairman (SEAL) APPROVED AS TO FORM AND APPROVED AS TO TERMS AND LEGAL SUFFICIENCY CONDITIONS By: By: County Attorney Scripps Program Manager ATTEST: CITY OF PALM B. i'C GA-DE , FLORIDA Y. alat.—....4 By: Pa ricia Snider, CMC, City •rk Jo •ph '. Ru so, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: j , � _ � i Christine P. Tatum, City Attorney 11 ATTEST: TOWN OF JUPITER, FLORIDA By: By: Town Clerk Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Town Attorney ATTEST: TOWN OF LAKE PARK, FLORIDA By: By: Town Clerk Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Town Attorney ATTEST: TOWN OF MANGONIA PARK, FLORIDA By: By: Town Clerk Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Town Attorney 12 ATTEST: CITY OF RIVIERA BEACH, FLORIDA By: By: City Clerk Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney G:\WPDATA\LANDUSE\RBANKS\scripps\SCRIPPS multi city inleriocal.229.doc 13 IN WITNESS WHEREOF, the parties hereto have affixed their signatures on the day and year first above written. ATTEST: CITY OF PALM B• AC GARDENS, FLORIDA // /7 By: By: , Patricia Snider, CMC, City erk moo' -p •. R sso, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Christine P. Tatum, City Attorney (2) Interlocal Agreement R2006 0512 Agenda Item It: 6J1 PAL.MNBEACH COUNTY /['!/4../i.. +is BOARD OF COUNTY COMMISSIONERS ( /Er AGENDA ITEM SUMMARY Meeting Date: March 14,2006 [ J Consent [XJ Regular — [ J Ordinance [ J Public Nearing Department: Submitted By: Scripps Program -. • Submitted For: Scripps Program I. EXECUTIVE BRIEF Motion and Title:Staff recommends motion to approve:an Interlocal Agreement with the City of Palm Beach Gardens,Town of Jupiter,Town of Mangonia Park,Town of Lake Park,and the City of Riviera Beach creating a Bioscience Land Protection Advisory Board and providing for consideration of local comprehensive plan amendments to establish and protect bioscience research protection overlays. • Summary:The Interiocal Agreement provides for the formation of an Advisory Board consisting of seven members Including; one appointment each from the participating municipalities, one representative from the Governor's Office;and one representative from Palm Beach County.The purpose of the Advisory Board Is to make recommendations regarding amendments to comprehensive plan use maps and rezoning and land development regulations that directly effect bioscience research rises on properties within the municipal overlays. The municipalities will be required to initiate comprehensive plan amendments creating Blosclence Research Protection Overlays in their comprehensive plans to identify lands within the Overlay and protect such lands from commercial or residential development.these Amendments provide for a super majority vote of the governing body to approve conversion of land uses within the municipal overlays. The Board of County Commissioners selected the North County proposal on February 14,2006,and voted to enter Into negotiations with The Scripps Research Institute for the relocation of its facilities to the FAU Jupiter Campus and edger site.In order to fulfill the economic cluster envisioned by flip Governor and Stale,the County and participating municipalities have agreed to form this Advisory Board. Countywide/District 1(BB) Background and Policy Issues:On December 13,2005,the Board of Commissioners directed staff to provide land Inventory Information assembled by the County,the Town of Jupiter and the City of Palm Beach Gardens to the Governor for his review as a possible site for the Scripps Florida permanent facilities.On February 14,2006,the Board reviewed proposals from South County,North County and the Florida Research Park and approved the North County proposal. Attachments: 1. Interlocal Agreement Recommended by: �� AAL r� 13'ZDpjp Department Dir ctor Date Approved By: —V U` ,i T'`x County Administrator Date 214 6 06-2 Text Amendment Staff Report 16 Biotechnology Research Protection Overlay • U. FISCAL IMPACT ANALYSIS A. Five Year Summary of Flscal Impact Fiscal Years 2006 2007 2008 2009 Capital Expenditures Operating Costs External Revenues - _ Program Income(County) In-Kind Match(County) NET FISCAL IMPACT #ADDITIONAL FTE POSITIONS(Cumulative) _ Is Item Included In Current Budget? Yes No Budget Account No.: Fund Agency_ Org. Object Reporting Category_ • B. Recommended Sources of Funds/Summary of Fiscal Impact: C.. Departmental Fiscal Review: III. REVIEW COMMENTS A. OFMB Fiscal and/or Contract Dev.and Control Comments: _ 1111 a ,u y 31, ,l, OFMB ,1 J1d, /del'Co tract Dev. Contro B.. 'Legal Sufficiency: Thu Curvci complier wi h GUr conrul ldvim n::iuirment5. Y Assistant County Attorney L ')1 s i�✓'7 I Xei- . C. Other Department Review: Department Director REVISED 9/95 ADM FORM 01 (THIS SUMMARY IS NOT TO BE USED AS A BASIS FOR PAYMENT.) 2144 1 06-2 Text Amendment Staff Report 17 Biotechnology Research Protection Overlay INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF PALM BEACH GARDENS, THE TOWN OF JUPITER, THE.TOWN OF MANGONIA PARK, THE TOWN OF LAKE PARK, AND THE CITY OF RIVIERA BEACH CREATING A BIOSCIENCE LAND PROTECTION ADVISORY BOARD AND PROVIDING FOR CONSIDERATION OF LOCAL COMPREHENSIVE PLAN AMENDMENTS TO ESTABLISH AND PROTECT BIOSCIENCE RESEARCH PROTECTION OVERLAYS This Interlocal Agreement is made the day of MAll 4 , 2006, between Palm Beach County, a political subdivision of the State of Florida ("County"), and the City of Palm Beach Gardens, the City of Riviera Beach, the Town of Mangonia • Park, the Town of Lake Park, and the Town of Jupiter, Florida municipal corporations ("Cities"), collectively referred to as "the Parties", each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. WHEREAS, Section 163.01', Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies, as defined therein, to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately;and 7 &11 i 1 06-2 Text Amendment Staff Report 18 Biotechnology Research Protection Overlay • WHEREAS, the Cities and County recognize that the relocation of The Scripps Research Institute's ("TSRI") operations onto Florida Atlantic University's John D. McArthur Campus ("FAU Jupiter"Campus") and a portion of the Briger Parcel in Palm Beach Gardens("Briger")will further the vision of the Governor and the State of Florida to create an economic development cluster to support TSRI;and WHEREAS, the Cities and County recognize that the creation of an economic development cluster to support TSRI will ensure a diversified economy and provide high-wage employment within Palm Beach County,the Treasure Coast Region, and the State;and WHEREAS, the Palm Beach County Board of County Commissioners elected to enter into negotiations with TSRI for the relocation of its operations to the FAU Jupiter Campus and to Briger in reliance`on the Cities' commitment to support an economic development cluster in support of TSRI; and WHEREAS,to fulfill this commitment,the Cities and County have agreed to form an Advisory Board;and WHEREAS,to fulfill this commitment, the Cities have each agreed to Initiate and consider amendments to their respective Comprehensive Plans that establish a Bioscience Research Protection Overlay ("Overlay'), and that provide a super majority vote requirement to protect land identified in the Overlay. NOW THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth,the parties hereby agree as follows: SECTION 1. The foregoing recitals are true and correct and are hereby incorporated herein by reference. xo 06-2 Text Amendment Staff Report . 19 Biotechnology Research Protection Overlay SECTION 2. Bioscience Land Protection Advisory Board. A. A Bioscience Land Protection Advisory Board is hereby established. The purpose of the Board shall be. to protect those lands which each of the Cities has identified as being subject to a bioscience research area protection overlay. B. The Board shall consist of seven (7) members with the Governor of the State of Florida; Palm Beach County; the Towns of Jupiter, Lake Park, and Mangonia Park; and the Cities of Palm Beach Gardens and Riviera Beach each appointing one(1) regular member and one (1) alternate member. Each appointment shall follow the same formal procedure the appointing entity uses for board or commission appointments. C. A quorum of the Board shall be necessary for it to conduct any business and shall consist of four (4) members present and voting. The majority vote of those present and voting shall be required to pass a motion. Each regular member shall have one vote. An alternate member shall sit on behalf of the appointing entity and have a vote only when the regular member of such entity is absent. D. Authority of Board. The Board shall have the authority to: 1. Analyze and make recommendations regarding: (a)applications to rezone land or amend the future land use map designation for land; and (b) proposed amendments to the land development regulations that directly affect bioscience research uses on property within the Overlay. No such application to rezone, amend the future land use map, or amend the land development regulations pertaining to said property shall be 06-2 Text Amendment Staff Report 20 Biotechnology Research Protection Overlay • considered unless the Board shall have conducted a public meeting on the application and rendered a recommendation to the applicable governing body; provided, however, in the event the Board fails to render a recommendation within sixty (60) days after the staff of the applicable governing body in which the land proposed for approval is located determines that such application or request is complete for purposes of review by the Board,the affected governing body may proceed to consider and make a determination upon the application or request without receiving a recommendation from the Board. 2. Plan for, and address the availability of, developed and undeveloped land for bioscientific training/education, research, and related uses and users. 3, Assist in coordinating, integrating, and streamlining administrative and regulatory procedures at the municipal, county, regional, and state levels for bioscience research uses. 4. Consider and/or propose policy initiatives and legislative or regulatory efforts to encourage and sustain the development of biomedical research uses in the Overlay. 5. Set fees and charges as determined to be necessary for direct costs and expenses incurred by the Board in reviewing development applications. ti t 4 p i�; �U; it 4=_.✓ „.la , EJ 06-2 Text Amendment Staff Report 21 Biotechnology Research Protection Overlay • SECTION 3. Comprehensive Plan Amendments. The Parties recognize that it may be necessary for the Cities to amend their respective Comprehensive Plans to achieve the goals of this Interlocal Agreement. Each City agrees to direct its respective staff to initiate plan amendments, no later than its next regular round of comprehensive plan amendments, as may be necessary to establish and protect a Bioscience Research Protection Overlay within its jurisdiction. These proposed amendments shall include, at a minimum, amendments to the Future Land Use Element and the Intergovernmental Coordination Element which provide for: A. The creation of a Bioscience Research Protection Overlay which: 1. Maps the properties subject to the Overlay. 2. Identifies permitted uses within the Overlay. 3. Identifies prohibited uses within the Overlay. 4. Contains policies protecting lands subject to the overlay from residential or commercial development 5. Contains policies providing mechanisms to coordinate planning between local governments and ensure intergovernmental cooperation in the development and implementation of the Overlay B. A requirement for a super majority vote of the governing body to approve conversion of land uses on property within the Bioscience Research Protection Overlay. 06-2 Text Amendment Staff Report = 22 Biotechnology Research Protection Overlay SECTION 4. Financial Obligations. A. Each city will provide technical support necessary to allow the Board to fully review and make recommendations regarding projects in their respective jurisdictions and will provide other technical and logistical support to the extent determined appropriate by each city. B. County will provide technical support and logistical support to the Board to the extent determined appropriate by the County. C. If agreed to by the Parties in writing and subject to the appropriation by each party, the Parties may agree to fund the operation of the Board, in whole or in part, through annual appropriations, in amounts determined by the Board and agreed to by each Party. SECTION 5. General Terms and Conditions. A. This Agreement shall continue through March 14, 2016, but may be extended by written agreement of the parties. B. Any party may withdraw from this Agreement upon 365 days' written notice to the other parties, thereby relieving the withdrawing party of all obligations and benefits arising out of this Agreement. C. This Agreement shall be construed by and governed by the laws of the State of Florida. Venue shall be in circuit court for Palm Beach County, and each party shall bear its own fees and costs. D. The captions and section designations set forth herein are for convenience only and shall have no substantive meaning. 2 I 2 p 06-2 Text Amendment Staff Report 23 Biotechnology Research Protection Overlay E. In the event that any section, paragraph, sentence, clause, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. F. This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreement, written or oral, relating to this Agreement. G. This Agreement may be modified and amended only by written instrument executed by the parties hereto. H. None of the parties shall be considered the author of this Agreement since the parties have participated in extensive negotiations and drafting and redrafting of this document to arrive at a final Agreement. Thus,the terms of this Agreement shall not be strictly construed against one party as opposed to another party based upon who drafted it. I. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County pursuant to Section 163.01(11), Florida Statutes. J. This document can be signed in counterparts. K. All notices given under this Agreement shall be deemed sufficient to each party when delivered by United States Mail, personal delivery or a nationally-recognized overnight delivery service to the following: r)< ,- .� ki`J 7 r 06-2 Text Amendment Staff Report 24 Biotechnology Research Protection Overlay • If to County: • - Scripps Program Manager Palm Beach County 301 North Olive Avenue, 11 t,Floor West Palm Beach,Florida 33401 With a copy to: Chief Assistant County Attorney Palm Beach County Attorney's.Office 301 North Olive Avenue, Suite 601 West Palm Beach, Florida 33401 If to Palm Beach Gardens: City Manager City of Palm Beach Gardens 10500 N. Military Trail, Palm Beach Gardens, Florida 33410 With a copy to: City Attorney City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 If to Jupiter: Town Manager Town of Jupiter 210 Military Trail Jupiter, Florida 33458 With a copy to: Town Attorney Town of Jupiter 210 Military Trail Jupiter, Florida 33458 215,-1 8 e.. , ,. " U 06-2 Text Amendment Staff Report 25 Biotechnology Research Protection Overlay • • If to Lake Park: Town Manager Town of Lake Park 535 Park Avenue Lake Park, Florida 33403 With a copy to: Town Attorney Town of Lake Park 535 Park Avenue Lake Park,Florida 33403 If to Mangonia Park: Town Manager Town of Mangonia Park 1755 E.Tiffany Drive Mangonia Park, Fl 33407 With a copy to: ' Town Attorney Town of Mangonia Park 1755 E.Tiffany Drive Mangonia Park, Fl 33407 If to Riviera Beach: City Manager City of Riviera Beach 600 West Blue Heron Blvd. Riviera Beach, Florida 33404 With a copy to: City Attorney City of Riviera Beach 600 West Blue Heron Blvd. Riviera Beach, Florida 33404 r";. ,T\L aka i' �• .i5 w 06-2 Text Amendment Staff Report 26 Biotechnology Research Protection Overlay Any party may change the address to which notices shall be given to such party upon three (3) days' prior written notice to the other parties. The effective.date of any notice given hereunder shall be the date of delivery if by-personal delivery or the date of receipt if given by United States or overnight mail. (The remainder of this page left intentionally blank) 21 51-3 10 ` 'j, s r t; S 0 06-2 Text Amendment Staff Report • 27 Biotechnology Research Protection Overlay IN WITNESS WHEREOF,the parties hereto have affixed their signatures on the day and year first above written. K 0 0 6 U > . MAR 14 2 ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS Sharon R. Bock,Clerk �hr �, Comptroller C� • .� r i i B(1- A.,646i; "7-1-7-7<- / Deputy Cleo^: • I NT y )(7)-,1 11Ony Ma flotti, Chairman / sF F4-)RID (SEAL) . _ •.;•'? ATTEST: TOWN OF JUPITER, FLORID 1 i • By:;x(;1L I) ItLni°I P.i air,-tillI By: �. • tit,Sally Boylan,CMC,Town Cle� •r Mayor .l. a APPROVED AS TO FORM AND """o"""o°"'"* LEGAL SUFFICIENCY Fv -0 : By.:v:5�+►°-. + ".r1-,, _ - _At I} ` `Thomas J. Baird,1161/4.A orney '' le " " i x- O 4. .`►c►q►inn' C; ATTEST: TOWN 0 PARK, FLORIDA By: By: Town Clerk Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Town Attorney ATTEST: TOWN OF MANGONIA PARK,FLORIDA By: By: Town Clerk Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY !} By: Hall 14 10if'i Town Attorney . 2. C;9 12 06-2 Text Amendment Staff Report 29 Biotechnology Research Protection Overlay ATTEST: TOWN OF JUPITER,FLORIDA By: By: -Town Clerk Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Town Attorney ATTEST: TOWN OF LAKE PARK, FLORIDA / By / By n44.401 Town Clerk )/' Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By. Town"Attorney) ATTEST: TOWN OF MANGONIA PARK, FLORIDA By: By: Town Clerk. Mayor APPROVED AS TO FORM AND R 2 U 0 6. . CJ J I - LEGAL SUFFICIENCY MAR t ; 200G By: Town Attorney 12 2; 1• 06-2 Text Amendment Staff Report 30 Biotechnology Research Protection Overlay ATTEST: TOWN OF JUPITER, FLORIDA By: By: Town Clerk Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Town Attorney ATTEST: TOWN OF LAKE PARK, FLORIDA By: By: Town Clerk Mayor APPROVED AS TO FORM AND ` LEGAL SUFFICIENCY By: Town Attorney ATTE T: TOWN OF MANGO JA PARK, FLORIDA L Sh-iry Alb ,T Wipfalirti.Albury,- 1 ayor APPROVED AS TO FORM AND • "<:,;.`.. LEGAL SUF•Iq! NC c;• ' = By .I' ,.. _--- Gi4` '•:- ei h ` . Davis,Town Attorney ( 2006 051 ? MAR 14 2006 2161 12 �� 06-2 Text Amendment Staff Report , 31 Biotechnology Research Protection Overlay • ATTEST: } CITY OF RIVIERA BEACH,FLORIDA jt.. By ti,� r,��`I,4 '`: `, Carrie C.Ward,-MM9iis,tity Clerk Michael D.Bro n,Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY 7 � `N. . (A• 1` �110C, 0512 By: oar �- Pamala H.Ryan,C y Attorney MAR 14 no G:\WPDATA\ANDUSEERBANKS\scripps1SCRIPPS multi city intedocal.229.doc 13 lion Overlay Bioscience Property Inventory Economic Development Analysis • City-Wide Economic Development Initiative • In April 2003, the Economic Development Advisory Board (f. k.a . E . D.O. C) started looking at ways to achieve sustainable economic growth for the City. Committee included of members of the public and the business community. • In June 2005, the City Council amended the land-use designation of The Briger Tract' from RL and C to MXD to provide opportunity for economic development. • In February 2006, the City was part of the North County initiative to develop a master plan for the Scripps Florida campus. • Currently, the City is looking to promote the development of Bioscience Uses within the City. City of Palm Beach Gardens- GIS Division, 2004 Nearly X of available land is currently dedicated to residential uses and over 1/3 in conservation leaving very little available space for value-added employers. __ i Appropriate Industry Clusters : • Medical & Pharmaceutical • Aerospace & Engineering • Information Technology m Research & Development • Business & Financial Services • Corporate Headquarters • Education •1 . Goal • Provide the citizenry of Palm Beach Gardens value-added employment opportunities through: • Expansion of companies already located in the City of Palm Beach Gardens. • Recruitment of new companies to Palm Beach Gardens. • Sustainable Value-Added Jobs in Palm Beach Gardens to Increase Money Flow in Order to Diversify the Tax Base and Provide More Employment Options to Residents. • The City shall ensure that an adequate amount of land is designated and zoned to categories that permit Bioscience Uses. Justification • Diversify economy • Diversity tax-base • Create value-added employment opportunities for residents • Create sustainable economic climate to maintain current service and expand tax base I. I BIOSCIENCE AVAILABLE LAND INVENTORY ___Parcel Name Acre LU/ Traffic Development PO Med Industrial Utilities East of UGB Total— Zon Approval Approval (sq ft)* Office (sq ft) Available Available Required (sq ft)* Briger 170 MXD/ Required VACANT 4,000,000 Yes Yes 4,000,000 PDA Rezoning/Master (R&D) Plan Parcel 5B 26.13 MXD Granted VACANT 105,400 15,000 59,200 Yes Yes 179,600 /MXD Permit PUD Gardens 6.60 PO/ Granted VACANT 179,154 44,789 Yes Yes 223,943 Corporate PUD Pemit Center Gardens 7.60 MXD Granted VACANT 47,200 17,550 Yes Yes 64,750 Station /MXD Permit PUD Legends at 21.62 MXD Granted VACANT 10,000 Yes Yes 10,000 the Gardens /MXD Permit PUD Parcel 5A 84.21 1/M1 Granted VACANT 240,000 600,000 Yes Yes 840,000 Site Plan Parcel 31.06/ 41.78 MXD& Granted VACANT 15,000 Yes Yes 15,000 31.07 RI-I/PDA Rezoning Parcel 31.04 50.58 MXD/ Granted VACANT 10,000 Yes Yes 10,000 PDA Rezoning The Pointe 9.15 PO/PO Granted VACANT 150,000 Yes Yes 150,000 Permits PGA National 8.52 RL/ Granted Remainder of 128,586 71,093 Yes Yes 199,679 PCD Essentially Built- out DR1 Site Plan Loehman's 12.65 C/ PUD Granted EXISTING 13,456 Yes Yes 125,679 Plaza Master Plan Burns Road 49.51 I/MIA Granted EXISTING 623,779 ** Yes Yes 623,779** Industrial Permit NorthCorp 102.69 1/ PCD Granted EXISTING/ 1,097,351 Yes Yes 1,097,351 VACANT 591.04 898,796 77,339 6,451,423 7,427,558 CRITERIA FOR ANALYSIS • Current Zoning and Land Use Designation ( I , MXD ) • Parcel Size • Development Approvals • Approved Traffic Concurrency • Available Utilities • Other land-use restrictions • Land Use Compatibility with Surrounding Area • East of the City's Urban Growth Boundary ( UGB ) Justification • Our economic analysis indicates that it would desirable to include the parcels that were identified in the Bioscience Research Protection Overlay (BRPO). • Our analysis indicates most suitable parcels: 1 . 5A —has compatible land use designation 2. 5B —has compatible land use designation 3. Briger — has compatible land use designation MEI • Economic Development Element • Objective 1 . 1 . 1 . : Balanced and Diversified Economy Palm Beach Gardens shall maintain and expand a diversified economy by encouraging growth in cluster industries that provide high wage employment, complement changing economic conditions; by supporting existing businesses; and retaining and improving resource based sectors such as tourism , retirement and recreation . z ii, .E.,,r.,rz.,,', , — ' "t7,-.., ` i _IIIEJLE _-i... - r 1 �- i-I --' iT..r r-+�- Et .. - ftf I_ 1 t„ �-r tali* i'� _,, , -r --. _1 -.L-- .111 T"a':'', `i�4'7 M i '. f? I �- ,'t r= BB IIOER ,ur , ,,.c. 1 Niii—_ I- it--t - . saill1111111MEINEN r`i; - \ ....�.. r , ..ii • ` � PARCEL PARCEL --__7. ? . I P f I, -• II *' , ;GARDENS CORPORATE w -- -- THE POR'TE 1 CENTER T µ{-,, _- I Y4 zrae, L.r • r, ICEL I_ ry its 1 NORGRP PGQ: '11.' -< 1,,!, 17.- -c3 . .."- "--,71--ez -.;-1. i. -.fill ., ' . (,__, PGA NATIONAL '` r .�'t � '• ` IRISE aa9RSSTRUfDE L URN ./C C j1MERCE PAII � 'NNW r$-::, ig r,„.. it-mir gm „jmw.lks,,, .. 400 . ; "-- ,II 4 1 II 11 ei, ,...,t..7i. 1,.... ili: p T,,. . ..all -4111,, 't ,.107-0DiVi _J _� • , Ill .F. l: ..= ' =: - - '" ' aztr . � Legends J -----,_� "—_ ' -. ' ;In 1. City!irnffhs li . Ir- x ; . 1 .i 1 ,- .`I'.' _ - r 3.`-5� x.127 Pfi 00 r �— ATTACHMENT "H" Economic Development Analysis N4 .� 4,•- . i !rte -i r�y r .� y titiiak sg1�l' �YiK ex ...1',,i \ ' 1 1 1' ,--%'. t h ,p ,, Tj t� .'t • 3;l :p � tly„T. r 'i yea d+e a °1w' r 7. 4 !'L :'';Alt ..!�. '"..i :'v - —1 � 1. r�1 �„ p1 ` `'. AAI 1 ., u e Sb t , i .i' ++y }' ' 1� + �.�4 � �' 1 f `+i �r� .6' 1'� *.'yd' V 1'b'' �„�• ..�`.�"''pMi '4%1/4 ..3'.7•5,,:.. �'• r 'A!;\,_,4 `dV `w .IA:. `lit'. 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' ! r A, x, r se� 1 -? -7 —mo t i ' _ \ 1 - nti• irPOTENTIAL RESEARCH PARK IPRii�f-PT G-Cf:—$. kw / 7 VACANT LAND EXISTIRNG. BUILDINGS l - ' - {f 8 p� �4 -� `, '.1 1111 q:: ;y y ,u !. J ,1�; ., '' 3i `4 C t T r C`1'.} t., �! ,i . ,,,2.-, .,4:i.„` 4,.....-- .-..r.•=i7"-.. '''-'144,„, 4.,:. ,.;,.,:yi:•,,xi,T41:.• -ith;•■tz0, \ . 1,- ' '11'..'...it. 19413?!4-4-..s.„ ':. . '-•••..-k..-/.."m..-;--', - • . :-:..i...‘'v'-'''s..,‘'. :"..,'.'''.:.-i"4:-.',r-':''•,;r',".?:17;;CC.7".";'t,414 10 MILE r, - -. . . •• ..'' - .4 • '' • \•.-- ',......, • k.)1 s\111\t.......-r, :- "' •,../;/.0.--.'"' "-4:..".-...2'.iiiiii';:;;;;,.',.., ,:.,.,t. ,.. ‘.1,_,,. ,,',.,..,. •.'t ,, 4 ' ...,. .. ., '01.,..---- • '1 t,, 14!'lL('N.,47i..: :K\;- ; ;..t.,■'". , • •. I. ),--.' i ,.* ,, '.,,q,,V,,,,, It, „N•1?"1,4.1•,6,".*.“:.;,;Aii RADIUS • • , ,,,, ,... • , _ . . , 4;' irk_ 'JUPITER '' ' • ' i ' ' 'ir'44; ' ‘''' '`•-,r,,:!",rc't.ttral:r '' L',i01..?,illik . 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'•',r,, -E•c AN()' .' .. . --" .,,i: ' , - .. -......7'.,.; (.4,:, 4' , r. - • . 1 t. • P..4..'' .. 6 Lease/Rent . .... ,‘,,,,.. .„, .. _. , _...L..- 4.....,_, ,.,. ,.,,.,... , ... • -• • ''Itt.'-!` ,, -..," . . -•I . ....-...o."... N..%itiG2U2j4.1. 1* :". ,, .' di...... '■ :,a,-A ' ."'.' ' ''',.... '•,..s". .'"-'"'''''f',,,'' ,f,i.,4,„1,i".'' .,,,‘'..-,,,, . ',!.'s•v- , ''. , ' •' \ !..‘! ".,Is r,1 '1'.'F..- -• '., '.. ,.., ,.'/.-/,'.11teit,:,, k,, — 4. / . i .• •= ' ' if ',. ......,:7.,r. ,I.s.:. ,.;: 4 :,'i.„. '4t. . •,,,.,,.1./..P.,.. C. ', ' ., .!4"..' ,,-`,,..)' '-', -: .. grmit4,/,: :, ::a•ii . .:4.--.Y..--.4 ... f,;.,,,..,"1:7'f!',-,41.:, ,,i...v.t.42.,,..2k Development ,. . . '. - ct,, 'v I . • ..., :ji I; .i..rf, .., 1 ,...1161. -s. ' ' ,41.:‘, ' 'N ...' ". 1 1 , ,C):': . '11' • _..1_ ; ..'"P ,•. ..,,it-',...#4,10 . t. . , . , ... : ,1.:, i t r, i ..... ,- -- il .i...,'..,....„....... .7_ •- ',,:A.. *. .....1,., =A.,..a . f . dp • ,1 r : I...s. .4. ;i.l. • ,- / ,• ,, .....___ c:ttit?.:,,-,..•.itiii':_. III 1 Potent ial , . , , ... .., .. " ' 4/'it _I'li:f.:' ‘-d•r_l_,.. i.4` ti'l "''' " " l'o'h'!!•1 .":,•e.,, '' .., . - ..., ....• ' ■;.'1`;..i.j:r.11'---T.i2‘Ve, .0)... •5 432 i\CRES v , - .,„c. ..:Pli , • . :. , ,ad 11‘ 1 .,,, ,,,, • „,,, ., w .ER CO 5, , , ' '''.'"7; :*--. ' :I:474' . ' ..1.-' •L ., ! 4‘ • ) ' '.cr'',,l'. -. ._. t,',.YJ I . Lafalice...1.. 1... _ • • . „... .• •60 4 mill sq . Ft. ..■ i• •-•_-_!.,•,.....r1:1i, _ ', ',. • .- . , f' , . •_ . ,, b ‘ t , •. - . ' BEA H i . !. ” VACANT I Alli. =<IFIT1',.174F311,10,1\ICS ....„_______"• •. ,,'«$.4,2i1.1,1 -'-••-' ' ' ' uMatill , 0 '• .::),';':''';';'4,'.-0.ii!,1 --' , ..,, '• P8' NIA • i n- - . :,,''!II.'-'-''',';■0-',„di „ . - . , Blii S I. Chi• t Benefits • Revitalization of older industrial! properties • !.1 ...k • 'kif/r„io`', '" .• f-., . _ .•. \.,,,,...„,r. j. \......, , ... , r . .4*) • . ,,,,.- , •,...„ . ; 4 ",,ii?. :.. :4,;:. '11,e-.'',.' ::I • .1'. -.'t. . -. ''''' '''. .,,,';. '". '1;.. i,'.':.„r-i r , 0 , is oVQ I ::ot.... . ,,f .' .,'. ' . • % , . .. :. I., , 1/4- ,41-4101.1 . 1) , -.1. •, gij • - ..,4. i.L$:..) -I ..e.e. , : • 1.:-.....1 .0.. i t --.-.; . ' 4 c . ..,;•-- "\ ' •s' ..:, :40 .1...,,..,, ' ' . .. 1--.•I. Ti\ T "4,1f*: • .--4.7:',,, - , . ,;•,,,„ -\\/L-i.• ..-;'.t1;'-',:.,,..4 ;,:ot, ' , 4-:---.__ 904, '.‘.- '. '•-•'.', t, ' !!...ii° '',.• ,,,,.:,,aft§I'... -''.., "sa ■.'3,1P,,,,At" .i.=,','-'--""' , • ,,e:-.\ .,...,,,- -07P . r.'...-17-: , f,- Y'- • - • Atk -d•rql ,....- .t• 7-,,,A, ‘ ' ;,.... A,l., ,. ,,., '1,20e Vri. '4...'44.,it:,,,' ,1\1.7-•,,ilb ''dia.v---;•,, ,', it .-.411,31,4, J'7,,,,- ,..„0,---',,l' i: ., • .:-IA ..,..:- ..:-."...1.-.' `,lwriAt .:4,'42•:., • : . .1.40. • flYs,V ....,4 l''' .::A..,"i' •'',, • '.A 01;4 ' '......4...W."`%, - - d'' .' '... .' -- • - - *-40. • CBRE : Fastest • Job Creation in Absorption Rate Palm Beach County Visionary Communities .. i. . .. _ *VII,. i % *%NA.gal jai‘1:17 ltd.4.• ;Oli NP,'h.:401,-kij, . i . r - h •Jlei J, -T-. t 01 i lo'nil is, ro .El 014,AY 14 KM of I OP i'4'0 di.I-P Ild j"111 heel 4 i ■ J. Or Illar II 4,61 Sal 1 A la **Be,,, ir ?"' 41 0 0 IL"A 4 k . rVolit,,I,1::•141 , .,,,,t‘ 't L i•' a .1 , tri.el • •' I")" f i •••.. . *. :,r,1.• Al' II- ''' '. ' ' - --•'• —,r• i.- . . ..# , •., ' • f41,14 5 'od • t-.. I A N1 [ ;. i'l. (• I. 1 kn. I . ,'"A■14', 4 T ' R 1) I' N S -...1,1 . 11,1410 . . “.....,- i r ..,,,, , .). .1 LI: i."r 1.,'i t 1 i I.11 ill 1-1 sr, [ 1111 I •,I.- t I. •r i•,, f •"• ■ .IIII..: It . .:: •'• $ 390001000 $ 390009000 $ 69000 , 000 TOTAL Yo Communities A broad based BioSciences Cluster is clearly emerging • Producing the Greatest Countywide Benefit • Driven by Visionary Communities the cBest Place to Continue the vision North County...The Vision Becomes a Reality r ,,, 1 ti# 1 14 ,'.•1 1.' • .4.1 . _ t f•-•, ' .1 '14.r ie. A •*- ' -/ . ' 1 .7.-::E, ' ' 1 -."4 1 4 . 14 • ' 4.1 1 4 . • - 4 f I/ - '4 4 • . tif I 4 , • , . , • .4., i , I' 441.1, _ . i A . Ns, • - ph . .• ,,-.■1 , ,, , Z., . 4 •. ' , ! ' i q 1,4% . °PP l '* t ot t i', ' y i • t ' 1 ' J '', ,m, 4 ' - ■ II' 1 '' M - •' i a `i, . i • ) , ' s ii .4-t''' 1P:" °' t ., • i . i ,.4, . i ,.,- .j , ,,f,,,. , ,• .. : • , 44,44 . 4... ' .r,' ; 4 ,..' ,. F 4,, e■ . ,, l,t i 1 , , 4 - , k .. .. ' ' ' • i -- -... 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','I ,-+, ,- , .-4 , • ,4.-/'r -rt; ..._,'‘........— .•-•,' ,.., _. _ ,..., ......„ Li .._..... , . ., . . ..; -- - • •r),‘,- n,lii,.,-, ',.. • ,`--- . ...... ; ._ \ _, •,?-:-.H.k...--:;11.‘Vss_.-,L, ..-.....1...,....)•,---, .,,..., -,-__.:..,...1 kf-7.LI,u■,,,......; ,:.;\.:..;.; ,.i, , . .. ...,......" ,...„ , ,, 4 4.c,,,,,••(r- Q_-_, ,.,:._,„ , ..,---, ,_, , , c----i,,._,:..,,...■,.. ,,,,-- - - _ --- - • s, nubf,ITAL \. ' l'' • • -.•. '' '..;.','. :1' ''L, • ' ,<-414,..''-'', I . •..., • . 'P'-''.17/1'. ...1',r.'.'':f.-,.• '). .. 't t".,-1:3 .r •i-—,,—. si ..---- , . . ... ,T y. ...1 ,-, ,-- •-— . • — •T 1 . ..\--,. ..., _•: • - : ,: •—!... -:i _ . . . . . ___•,,,. . . ....„,. — ._, .,,, ,,,,.,, .,,Ti.P1, ,1 L.:2,:_t ...::LL.;,.....3 OBJcCTIVE: Transform Economy Best Place to Make it ✓ 10 year vision come true — Abacoa • Emerging BioScience Cluster Happen ✓ Scripps is Here (T1 , T2 — Rapid Delivery — No municipal hurdles) ✓ BioScience Firms and Spin offs ✓ University Collaborations and Institutions ✓ Hospitals / Medical Research Clinics ✓ Incubator ✓ Diverse land and building options ✓ 5,432 ACRES totaling 60.4 Million Sq. Ft. • Producing the Greatest County Benefits ✓ Revitalization of older industrial zoned properties in communities that need an Economic BOOST — Enterprise Zones ✓ Best long term Job Creation and Housing opportunities ✓ Economic benefit maximized within County ✓ Fastest absorption rate to cluster's growth (takes off quickest) ✓ Available infrastructure ready to optimize Land Development • Visionary Municipalities: Aligned , Committed and Ready ✓ $ money from communities ✓ Municipal Partnerships ✓ Transportation - Palm Tran, Tri-Rail ✓ BioScience Zoning (1-4, fast track processes. ✓ Infrastructure, Housing. Restaurants. Retail and Recreation uses already in place to support cluster Visionary Communities To ' romote the Vision... Communities (talk about all muni's, incl. Glades — Slide 16) Hospitals (5 here and Research to come) Universities / Colleges (existing — NOVA, FAU and current/future collaboration discussion) Business and Scientific Community (developers and companies — this is the Mike V. plug) Housing ? Opportunities For Partnerships Abounc! ■ Glades Region ✓ Jupiter Tequesta Juno Beach and Northern Palm Beach County Chambers of Commerce ✓ Jupiter Medical Center ✓ Gardens Medical Center ✓ Palm Beach Community College ✓ NOVA University ✓ Florida Atlantic University ✓ VA Hospital ✓ Columbia Hospital ✓ St. Mary's Hospital . r ‘-, -F il . R,;, _ y-w, '' i; , ' fir. • d A e. ti. 07 1, I' J. - -. " ! "` • w ' {,`:. , f r r ^4.4.1►_,?' w � 1 , Tto � 1iCr ,a a e, �J� , 1 t : 4. I hf ' it •s".A T ` - ' •/iebi ;{l.!`_;PI: .� '_:∎NiC:lt ' 41 / `I ?%., ii. .1, ' I 1,., .A % Lit - y t 1. t e ,i4l } .4,,, u' T F N ,„ f • .��1_ %"y � w..•r� !� ''''-r- ...":„' '' `k :J t t I - +i` r . " f1 r r rv � t • , � . r,a ∎.r. 4.+r P M'QFyA !f.•W ir X *j . •'' 1 ;}, 14. , 1;• •'�.,�• ... .' ����� .. :"� 0 o fj.i L 7v t.... )rte, ,r.•� _ .., -•-L ,w t' e a a::4'„t, _� I, ,1�1 ^tt4,-4.'l a 044 l� kII, , 4'f '' r 4.r P` _ 3tk'Y�rdr. ir't + i 9 r ry�. a. ,, . �-- f 4. , f I I .. h k 3 `ti.l j r , J � A f'N '1 ! r-';� �• 1P.41; ` , M _ .-1 r d ; _f fi ,L y � *� PGA a`�+ <r .Y` - r • -: L , ' 4. *ti o,R . r Scripps in North County. .. . Why i t orks SCRI PPS FLORIDA at ABACOA (cont'd): ✓ Adjacent to Abacoa's Research and Business Center and the vacant Briger property. ✓ Easy access to major transportation corridors including 1-95, Florida Turnpike, the Port of Palm Beach, Palm Tran and the future extension of Tri-Rail (currently 8 miles away). ✓ Near airports including Palm Beach International and North County General Aviation Airports. ✓ Integrated into a mixed use neighborhood, offering a welcoming and attractive lifestyle. variety of housing options amidst many thousands of existing and proposed new residential units enabling the highest achievable vehicular capture rate. ✓ No environmental or permitting obstacles. ✓ All utilities already in-place. 19, • • • "This is an opportunity to define Florida as a place where ideas are born and humanity is served , where businesses based on this research begin and thrive, and where high wage jobs are created . " Governor Jeb Bush to the Florida Legislature October 20, 2005 American City Business Journals Inc. y+• r Availability of Suitable Properl ies . . . . Clearly Exceeds the State's Minimum Requirements! PROPERTY INVENTORY Land Buildings (acres) (Sq. Ft.) MINIMUM STATE REQUIREMENTS 500 8 million EXISTING BUILDINGS 2,534 38,590,500 (See MAP 4 for details) VACANT LAND - ENTITLED 1 ,650 9,982,000 Ready Now w/ concurrency approvals (See MAP 2 for details) VACANT LAND 1 ,248 11 ,793,500 w/o Entitlements (See MAP 3 for details) TOTAL 5,432 60,366,000 Scripps in North county. . . _ _ _ n ! 4.. uiI _ --_.., ..... . ..„,,. . 4: _ t, . ., , .,. . . ,, .w?.‘.._ , . , ,,,, 7 , • '• 'F.ir:t • • , •. ... a .. . 1•1�,'ti "�;t ;•, \ ,` , ? r.1:• w.,�..l..sld f` , ,.'t +t f,;1.1 ilk,'4,4 14, ' ,., w.�W. ,i�� , r _ 1 ABACoA TLfa� r �� 0 toe -vii4,412411ZRUZE---, ' G'-__:-:0 r j . .----K DIY •u .i T 1. # vy' •� - �,_E, y .✓' � - \.....:,........... �'+'tn., ,1 _ . aye ` , i I w• ;C r '.�A r t' 't i•{ :—Vi *" _' r• w F'' y l''°'r l y VS •r1l�l, r\-:-. Y- P/.M .y"' �tlfR. `• 1` L."�,} Ibsle•. (I`t• �.I.." I 1. ,n w4MM'.Yj,`) ii �.y Aw 4: 41 x' i!! 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' A •r-4 t;.. , 'f•.•. -1(1.k.tA'=. -,. ' ' - ' .. ",' \ :147: - . , •. . 0,. •. r; t'-! # ..-14.:;, ' ''-,4'.- t, .% . • \k - 1;1 .„. , - • 0, li I , ,'f , • ! -!., 1, ;it,- 1 .:It--• ,7 -.' - '-.4 . . ,. . . -:,:l !• re-' '•••!.16....-74.- .... C 4 1Je r gutin -., A m c i„.; ences Cluster • Abi. MASSACHUSETTS • BioScience Firms %Gll GENERAL HOSPITAL and Spin offs 0 yA 0 1 C . University -,.. ,--: ,„ „ ,-,-j, jupiTER . ' Isimar Collaborations and Institutions °':-- '''''-' MEDICAL ,- - 640i*-2' ''4:W4.4u CENTER -_ J_00000) Q::: Hospitals I Medical IOW otairslii glut x - !,,v -' - +,0z; al 1, ,:k.074).° ,.., • 'IP"td"" 644fiti Research Clinics , ii __, •., • Incubator 4,,,,,,,, _.........,„--- :„.„:„.... 40$1 - - zr4tgin T. p/igalla2 SCRIPPS PLAN . . . Split Campus Opportunities gbaCoe T cl n c„tef Pratt — - *fi 0.0.(.o_ �� ` ,r ,� i Florida Atlantic University SCRIPPS- A 325 acres avail. out of 7, . .„ k. ■w{. : ...4t 'r r, , w M . as.. Brieer•...re - 4, l !6.. k ••• "� , e.,.._..i. �r� � , •/' ■ t, 'it,, �. mow.0 or A �t # y,J .,., I . - t r t . -:� ,.. i..-w .#� .- y = 1 245 �!4 ,k ` y' 1) f te� �..� ..R'j5 T.. M , ,�,, �. ,�►, '? �, �, Ir acres e 1 •' �•+° •� ....t.' Eft, Yift. i �.. f M{4+ 'i 1.�, .r `i� /Re \?1.' 1 4, ,IAd∎ �h ,,1 I - f:rt.,. .1 . , J rem t , 1 ,,,,,Ar, N n 1,7 7. ''t,0 • *. - 4 r""Ce.4 041tY.1 ig, Scripps in _L orth County. .. . ft ors SCRIPPS FLORIDA at ABACOA: ✓ Next door to University Campus. .`113 ' „;;', ✓ Building on the successes of Scripps t T1 and T2 Research Buildings , -4 ,w I ' provide intriguing future use opportunities for the Florida 4 ' - '. University System. ` 11' :j. , '`' '�� ✓ Jupiter Medical Center, Gardens ,:ii, ,, s , .. •_: Medical Center and VA Hospitals � !� �. ,�� 1. � miles in either are within a few es . ”' .. H direction. Y1.r �,, t' ;X 145 `' .I F ' ✓ Adjacent Abacoa Town Center ,) �' Commercial District with restaurant, `,4. if • R^3 entertainment, housing and recreational facilities. Visionary Communities . .._ _. ._ To Promote the VISIO .,, ,44.1.1.%14._ 1:- /Sig ,. ,l li ' MIS ` iii ' ,• lvi o v i n g Forward wit' I MANGONIA PARK STATION wn.Palm Tran Tri-Rail and a 4 k�,y w others .. ,,,. - . . Ready with Workforce kris ,.... . ,....._ ., • Housing , Restaurants , . 1 .. . , ._ .._ , ,.. ..... ... Retail and Recreation r --- „ „ t,Y _ 1 and Infrastructure uses ki; , .,. .,.,' ., f 1 Al I 0I•I already i n place to i � :. _ �1�rll'!ll,i 1i��dI lll�- l;I�►ir����1�',,. , ' }� III lllilE�` ""”: �wr'W41141� I LII II It II III IIIIIIIIIIII �I�����WI��I �Illuwt^4 support cluster Y =- ,,ei..,,,..,.? _..... ..„ -, ..,-,.,...„,... . . , .. ., . .. .. ,,. 41. :,-., Scripps in ii North County .. . . A Lifestyle to Attract and Employees The Scripps Florida researchers favor ' construction of Scripps permanent facilities in the Abacoa communit v There ' J 1. r ere are already 180 scientists working " _._ ;. at FAU/Abacoa site. made , :;�±i1ii they've gotten into school, the Li� . .> . ;yurds : to relocae.,, Patr one ►s looking as quoted �n � �.�.�.NNN , ='�' i s Research Scientist q Griffin, Scripps the Palm Beach Post � -; :.� ... Up to this Point. . . . . . Our BioScience Accomplishments , • Town of Jupiter y The Abacoa DRI created a University site and a research :' ::�;,� �" based economic activity center in the Abacoa Workplace District. ('95) Regional Planning efforts began more than a decade ago 3, for a "research based economic activity center" at Abacoa '' in Jupiter. IN v Amended Comprehensive Plan and Zoning p g Code to accommodate BioScience businesses in Commercial Districts and, as a result, attracted Dyadic Industries rti ; : a4a`�il' !,, International, Ltd. to community. ('02) V Denied change in land use from industrial to , commercial/retail to preserve land for future Jupiter Falls BioScience business park. ('04) Established a new 1-4 zoning district to encourage and enable creation of new BioScience business parks. ('04) =-b t Up to this Point Our BioScience Accomplishments � ants Town of Jupiter (Continued): / Established Fast Track site plan and building permit approval processes for BioScience Facilities. ('04) V Site plan approvals processed within 45 days, for BioScience projects including Scripps' Phase 1 Facilities in Abacoa Workplace District and Dyadic International x'' fa Facilities in Abacoa Town Center District. ('04/'05). Initiated collaborative planning efforts between property owner (DDR), FAU and Town, for proposed 93 acre Jupiter Falls Research Park. ('05) 1:;02. • �. s >.. Up to this Point Our I ioScience Accomplishments City of Palm Beach Gardens: ✓ Established Comprehensive Plan Economic Development Element which provided goals, objectives and policies to diversify local economy. ('04) / Established Fast Track approval process for BioScience Facilities. ('04) ✓ Amended land use designation for 708 acre Briger property/parcel to enable up to 8 million square feet of BioScience business facilities. ('05) ...111 yam, j ' rte! -„{Y M ++,+ 15 I �X`� ;� c` r .. M � '.' "`'e y ♦;',...,�. fir: fi .Iw 4 I• f 'r ;, , , f,-.+a,+'1�.,, 1,'i ;'4^ ar�" _ f .a.. -' 1 �� y Ir7 I� 1�MOm n� I $ • ' !, �1 /'. :vt •.J i i/ .. .I 3 ''i. t. - �.-. L -n•9 i . 1.. �. ,,. _ it Up to this Point Our BioScience Accomplishments Town of Lake Park: (r,„ 0 Raiz ✓ Established Fast Track ' _.w.34. /ii TOWN OF , 'h ;� site plan and building , _ , ,�,;,�;, �°.. . permit approval rocesses r:a for BioScience Facilities. r 1•I. Z./..,4# ✓ One stop site plan approval process. . _ �,,- - r. ✓ Current zoning provides �: - �. . Y r = �' r:: for laboratory and � . _. ii..' ^ �,0Y r.kI001 .ice' .. d�!;Cy research/development. . ' efopment. . .-7.. , @'Mg 5.. •Y.. .., y .7:,,... P j� . h{--_y fy.,, ,,tt:,b i .. :•...14♦ .44.... .., .,'- -•..,,-.,,,.. 'e ham;.' f�^ �ti li.:„ r < b1 rear;a f. � r �, o� �l #P ti .. , -- - v' A p I e ' *It,. ; Est•y M'•-: JT-' ,_ I!•`.iM 04. Up to this Point Our BioScience Accomplishments City of Riviera Beach: ✓ One stop site plan r p. ..._ , .may approval process. '`'` _ ✓ Current zoning provides ' �+ :- - -,_ for laboratory and s .. fi `"�''�'' `�' . r ; l research/development. ` ' `�a ;; 4 v _ _ - _ — r{r -.Ltd ,1 . ''P 1 - +y al ' r _ �' .s.: Yti f 'if,'�.^�'t','all "'�d`.'°. , .d r" ''''` _.. , ,� - ''K ,M' �` 'r k•• • � µ L rr H K v"`a` .. �ti•.,< '1cT' .* .► + y 1 ' ni �_ q mSBNs r t . orth County Communities ✓ Abacoa / Briger has 100 CONTIGUOUS ACRES for SCRIPPS FLORIDA; ✓ North County Hub can provide 8 MILLION SQ. FT. (3.5M undeveloped and 4.5M developed having R & D entitlements within 5 miles ): ✓ Total North County can support 60.4 MILLION SQ. FT. (including existing buildings) for BioSciences cluster with 21 .8 MILLION being vacant within a 10 mile radius; ✓ Total North County can support within a 10 mile radius 5,432 ACRES for BioSciences cluster with OVER 1 ,300 NET DEVELOPABLE ACRES WITHIN A 5 MILE RADIUS; ✓ Briger property comprehensive plan includes a 300 BED RESEARCH HOSPITAL ✓ Allowable uses include HOSPITAL and UNIVERSITY RESEARCH: ✓ FAU/SCRIPP property presents the QUICKEST GROUNDBREAKING; ✓ Army Corps of Engineers "FOUND THAT THE WETLANDS ON THE BRIGER PARCEL TO HAVE VERY LOW ECOLOGICAL VALUE." ✓ SCRIPPS Florida Scientists are HERE and want to STAY due to desirable lifestyle and location. ✓ Infrastructure, Housing, Restaurants, Retail and Recreation uses ALREADY IN PLACE to support cluster; ✓ A HIGHLY SUITED LOCATION to promote CURRENT and FUTURE COLLEGIATE COLLABORATIONS; ✓ SUPERB INTERSTATE and TURNPIKE. CONNECTIONS, LESS CONGESTED TRAFFIC Routes, easy on site Palm Beach County PALM TRAN connections, and just minutes away is a LOCAL TRI-RAIL service; ✓ North County - ALIGNED and COMMITTED to protect the Vision with OVERLAY PROTECTION AREAS or OTHER SUITABLE MEASURES A Vision for BioScience Boca Raton (Mayor Steven Abrams) "If you drive to the top of the overpass at 195 and Spanish River Blvd. in Boca Raton you will see the `Scripps Vision' — all within your line of sight." FRP (Anita Mitchell) "FRP has the right amount of land to build a compact, contiguous world class bioscience complex that can meet the vision." NORTH COUNTY - We obviously have a different VISION • $6 Fau • $405 Fau traffic • $250 sewer (971 ) • $260 water ( 1 .06) • $1 electrical • $ 16 briger • $1 .9 water/sewer Briger • $ 1 . 7 Briger traffic $27. 5 m ATTACHMENT "I" Public Notice NO.3723092 CITY OF ( a PALM BEACH GARDENS NOTICE OF RI r PUBLIC HEARING ^^_e.�\'_l PLEASE TAKE NOTICE that I I�fC�p the Planning,Zoning,and l Appeals Board of the City of , Palm Beach Gardens, V Florida,sitting as the Local Planning Agency(LPA),will conduct a Public Hearing on January 13,2009,at 6:30 p.m..or as soon thereafter as can be heard,at the City Hall Complex located,at 10500 North Military Trail, Palm Beach Gardens,. Florida regarding- • ' ORDINANgE 3;2009 AN ORDINANCE OF.THE CITY COUNCIL OF,THE CITY OF PALM-.BEACH GARDENS, FLORIDA, AMENDING ITS COMPRE- HENSIVE DEVELOPMENT .PLAN TO ADOPT THE CRITERIA FOR AREAS HIGHLY SUITABLE FOR MORE INTENSE OFFICE OSES AND TO UTILIZE THE INCREASED THRES- HOLD INTENSITY SET FORTH IN SECTION 380. 0651(3)(d)2, FLORIDA STATUTES,PROVIDING FOR A COMPREHENSIVE PLAN TEXT AMENDMENT TO THE FUTURE LAND USE ELEMENT,AFFECT-j ING THE PAGINATION IN THE AMENDED,ELEMENT; PROVIDING THAT THE TEXT.AS AMENDED OR' REVISED, SHALL BE SUBSTITUTED FOR AND REPLACE THE EXISTING ;TEXT IN THE AMENDED CEMENT: PROVIDING OR TRANSMITTAL TO HE STATE LAND PLAN- FMING AGENCY;PROV..D. :.4.N A'tI CONFLIQS'' AUSE,A SEVERAH VAUSE,'AND AUT, •� Y TO.CODIFY; VIDING AN EFFEC DATE,AND FOR OT,nt PURPOSES Public Hearing and Rea` mendation to City Coun? request Msh I behalf of by CataltJefl uarmo. struction and Developm i Inc.for a Cornwell Plan text amend rir� Future Land Use: -p.. add a definition a., criteria for areas,.I able for increa8' • intensity,and pro GGies to increase the L Thresholds for oft.:,;?; encouragingdevelopl that will expand the.'L nomic base Of the City, tllmembers'of the public area: ,+incited to attend and partici- pate in this public hearing 'All documents pertaininr to this G eas s tit insp- .., the G u '• a ,a;: Department'561 9?4- located at the Muni«'j•,, Complex Building dud :e'? regular business hour's. Monday through Friday. 8:00 a.m. -5:00 p.m., *kept for holidays. n accordance wit.h the Americans with Disabilities Act and Section 286.26, Florida Statutes,persons with disabilities-needing special accommodations in order to participate in this proceeding aro entitled to the provisiorhof certain assistance at,no cost. Please call the City Clerk's Office at 56f-7914122 no later than 5 days prior to the public hearing if this assis- tance is required. For hearing impaired assis- tance, please`call the Florida RelaySerrlce Num- bers:800-955-8771(TDD) or 800-955-8770(VOICE). Stephen Mayor,Sr.Planner PUB:The Palm Beach Post January 2,2009 ATTACHMENT "J" Ordinance 3, 2009 1 ORDINANCE 3, 2009 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AMENDING ITS COMPREHENSIVE 6 DEVELOPMENT PLAN TO ADOPT THE CRITERIA FOR AREAS HIGHLY 7 SUITABLE FOR MORE INTENSE OFFICE USES AND TO UTILIZE THE 8 INCREASED THRESHOLD INTENSITY SET FORTH IN SECTION 9 380.0651(3)(d)2, FLORIDA STATUTES; PROVIDING FOR A TEXT 10 AMENDMENT TO THE FUTURE LAND USE ELEMENT AFFECTING THE 11 PAGINATION IN THE AMENDED ELEMENT AND INCLUDING REVISED 12 TEXT NECESSARY TO UPDATE THE DATA AND ANALYSIS OF THE 13 COMPREHENSIVE PLAN; PROVIDING THAT THE TEXT, AS AMENDED, 14 SHALL BE SUBSTITUTED FOR AND REPLACE THE EXISTING TEXT IN 15 THE AMENDED ELEMENT(S); PROVIDING FOR TRANSMITTAL TO THE 16 STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS 17 CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; 18 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 19 20 21 WHEREAS, the City Council finds that the subject amendment is consistent with the 22 City's Comprehensive Plan; and 23 24 WHEREAS, the City Council finds that the subject amendment is consistent with 25 Sections 163.3184 and 163.3187, Florida Statutes; and 26 27 WHEREAS, the City Council acknowledges that this amendment is subject to the 28 provisions of Sections 163.3184(9) and 163.3189, Florida Statutes, and that the City shall 29 maintain compliance with all provisions thereof; and 30 31 WHEREAS, the City has received public input and participation through public 32 hearings before the Local Planning Agency and the City Council in accordance with Section 33 163.3181, Florida Statutes; and 34 35 WHEREAS, the City Council has determined that adoption of this Ordinance is in the 36 best interest of the citizens and residents of the City of Palm Beach Gardens. 37 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 40 PALM BEACH GARDENS, FLORIDA that: 41 42 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 43 44 SECTION 2. The Future Land Use Element of the City's Comprehensive Plan is 45 hereby amended to read as follows (strikethrough deletions and underline additions): 46 47 48 49 Ordinance 3,2009 1 FUTURE LAND USE 2 3 GOAL 1.3.: CONTINUE TO PLAN FOR FUTURE NEEDS TO PROMOTE LIVABLE 4 COMMUNITIES, INCLUDING, BUT NOT LIMITED TO, ECONOMIC DEVELOPMENT FOR 5 BIOSCIENCE USERS, TRANSIT ORIENTED DEVELOPMENT, AND OTHER EFFORTS TO 6 PROMOTE SUSTAINABLE GROWTH. 7 8 ***** 9 10 Objective 1.3.4.: Maintain a Bioscience Research Protection Overlay (BRPO) for the 11 purpose of promoting Bioscience Uses and deterring the conversion of those uses to 12 commercial or residential uses. 13 14 Policy 1.3.4.1.: Biosciences Uses shall be permitted and encouraged within the BRPO. The 15 City shall adopt by December 31, 2010 and maintain land development regulations which 16 encourage Bioscience Uses. The uses prohibited within the BRPO are those uses prohibited 17 in the underlying land use designation, excluding those uses set forth in the Bioscience Use 18 definition. The BRPO does not limit the uses currently allowed consistent with the property's 19 existing land use designation and zoning designation, including uses allowed pursuant to 20 planned development approvals and development of regional impact approvals. 21 22 Policy 1.3.4.2.: The City shall encourage Bioscience Uses within the BRPO to achieve, in 23 coordination with the County and adjacent municipalities, a clustering of Bioscience Uses and 24 thus promote intellectual exchange among researchers, scientists, students, and others in the 25 Bioscience industry workforce. 26 27 Policy 1.3.4.3.: By December 31, 2010, the City shall adopt and maintain land development 28 regulations that provide incentives for Bioscience development and encourage a 29 predominance of Bioscience Uses to develop a cluster of the industry within the BRPO. 30 31 Policy 1.3.4.4.: By December 31, 2010, the City shall adopt and maintain land development 32 regulations that do not permit rezoning of lands within the BRPO that would eliminate 33 Bioscience Uses without the vote of four members of the Palm Beach Gardens City Council. 34 The limitation on conversion of uses does not apply to permitted, conditional, and approved 35 uses allowed in a planned development and/or development of regional impact. Nothing in 36 this policy shall be interpreted to abrogate rights that have been vested under law for uses 37 that are not Bioscience Uses. The City land development regulations shall establish an 38 administrative process to review claims of vested rights under this policy. 39 40 Policy 1.3.4.5.: In order for a parcel to qualify as highly suitable for increased DRI office 41 threshold intensity in accordance with Section 380.0651(d)(2), Florida Statutes such parcel 42 must satisfy all of the following suitability criteria: 43 44 A. Parcels must be located within the Bioscience Research Protection Overlay (BRPO): 45 46 B. Parcels designated as Commercial, Industrial, Mixed Use, or Professional Office on the 47 City's Future Land Use Map. 48 49 2 Ordinance 3,2009 1 C. Parcels must have adequate public facilities or committed public facilities available to 2 support the proposed development; 3 4 D. Parcels east of the Urban Growth Boundary (UGB) and adjacent to 1-95 must have 5 immediate access to an arterial roadway and must be within one-half mile of current or 6 proposed mass transit facilities, including regional bus or commuter rail; and 7 8 E. Parcels must be of sufficient size to accommodate more intense office development 9 consistent with the intensity and density requirements set forth in the City's 10 Comprehensive Plan. 11 12 SECTION 3. The City Growth Management Administrator is hereby directed to 13 transmit the proposed Comprehensive Plan Amendment and supporting data, analysis, and 14 other relevant material, which is attached hereto as Exhibit "A", to the Department of 15 Community Affairs of the State of Florida and other appropriate public agencies, and upon 16 adoption of this Ordinance is further directed to ensure that this Ordinance and all other 17 necessary documents are forwarded to the Florida Department of Community Affairs and other 18 agencies in accordance with Section 163.3184(3), Florida Statutes. 19 20 SECTION 4. All ordinances or parts of ordinances in conflict be and the same are 21 hereby repealed. 22 23 SECTION 5. Should any section or provision of this Ordinance or any portion thereof, 24 any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, 25 such decision shall not affect the validity of the remainder of this Ordinance. 26 27 SECTION 6. The effective date of this plan amendment shall be the date a final order 28 is issued by the Department of Community Affairs or Administration Commission finding the 29 amendment in compliance in accordance with Section 163.3184(1)(b), Florida Statutes, 30 whichever is applicable. If a final order of noncompliance is issued by the Administration 31 Commission, this amendment may nevertheless be made effective by adoption of a 32 resolution affirming its effective status, a copy of which resolution shall be sent to the Florida 33 Department of Community Affairs, Division of Community Planning, Plan Processing Team. 34 An adopted amendment whose effective date is delayed by law shall be considered part of 35 the adopted plan until determined to be not in compliance by final order of the Administration 36 Commission. Then, it shall no longer be part of the adopted plan unless the local 37 government adopts a resolution affirming its effectiveness in the manner provided by law. 38 39 40 41 42 43 44 45 46 47 48 49 50 3 Ordinance 3,2009 1 PASSED this day of , 2009, upon first reading. 2 3 PASSED AND ADOPTED this day of , 2009, upon second 4 and final reading. 5 6 7 CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT 8 9 10 BY: 11 Joseph R. Russo, Mayor 12 13 14 David Levy, Vice Mayor 15 16 17 Eric Jablin, Councilmember 18 19 20 Jody Barnett, Councilmember 21 22 23 Robert G. Premuroso, Councilmember 24 25 26 ATTEST: 27 28 29 BY: 30 Patricia Snider, CMC, City Clerk 31 32 33 APPROVED AS TO FORM AND 34 LEGAL SUFFICIENCY 35 36 37 BY: 38 R. Max Lohman, Interim City Attorney 39 40 42 43 44 45 46 47 48 49 G:\attorney_share\ORDINANCES\2009\Ordinance 3,2009 DRI Threshholds.doc 4 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: 04/02/2009 Ordinance 17, 2009 Subject/Agenda Item: Ordinance 17, 2009, an ordinance of the City of Palm Beach Gardens amending Chapter 38 "City of Palm Beach Gardens Fire Code". [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed b • Originating Dept.: Costs: $ 0 Council Action: Fire Rescue (Total) City ttey [ ]Approved $ 0 Current FY [ ]Approved w/ conditions [ ] Denied Finance Administrator Advertised: Funding Source: [ ] Continued to: Date: [ ] Operating Attachments: Paper: [ ] Other Ordinance 17, 2009 [ ] Not Required Submitted by: Department Director Affected parties Budget Acct.#: Approve otified [ ] Not required CityM nag r Meeting Date: 04/02/2009 . Ordinance 17, 2009 BACKGROUND: On January 1, 2009, the State of Florida adopted the 2007 Florida Fire Prevention Code, a uniform code for the entire State of Florida. The 2007 edition of the Florida Fire Prevention Code references the National Fire Protection Association (NFPA) 1, Uniform Fire Code and NFPA 101, Life Safety Code. The City's current ordinance references older editions of both NFPA 1 and NFPA 101 and is being amended to delete the reference to specific editions and to adopt the editions contained in the Florida Fire Prevention Code. The ordinance is also amending section 38-89 to delete the existing requirement for water service for fire protection /fire hydrants and adopting the requirements of Annex H and I as contained in NFPA 1 adopted by the State Florida Fire Prevention Code. This will align the City's requirements with that of the entire State which are comparable with the City's existing code. STAFF RECOMMENDATION: Staff recommends approval of Ordinance 17, 2009 1 ORDINANCE 17, 2009 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AMENDING CHAPTER 38, "FIRE 6 PREVENTION AND PROTECTION" AT ARTICLE III, "CITY OF 7 PALM BEACH GARDENS FIRE CODE" BY REPEALING SECTION 8 38-87 AND READOPTING SAME, AS REVISED IN ORDER TO 9 DELETE REFERENCE TO A DATE SPECIFIC EDITION OF THE 10 FLORIDA FIRE PREVENTION CODE; FURTHER AMENDING 11 CHAPTER 38 BY REPEALING SECTION 38-89 IN ITS ENTIRETY 12 AND RENUMBERING SECTIONS 38-90 THROUGH 38-92 AS NEW 13 SECTIONS 38-89 THROUGH 38-91 AND RESERVING SECTION 38- 14 92 FOR FUTURE LEGISLATION; PROVIDING A CONFLICTS 15 CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO 16 CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 17 PURPOSES. 18 19 20 WHEREAS, the Florida Legislature has adopted a statewide Fire Prevention 21 Code, which is informally known as the "Florida Fire Prevention Code" and incorporates 22 by reference the Life Safety Code, Pamphlet 101, current editions; and 23 24 WHEREAS, all local governments must follow the rules and regulations as 25 promulgated in the statewide Fire Prevention Code with certain exceptions; and 26 27 WHEREAS, the City Council of the City of Palm Beach Gardens has determined 28 that the adoption of the Florida Fire Prevention Code is in the best interest of health, 29 safety, and welfare of the general public and the citizens of Palm Beach Gardens. 30 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 33 OF PALM BEACH GARDENS, FLORIDA that: 34 35 SECTION 1. Chapter 38, FIRE PREVENTION AND PROTECTION of the Code 36 of Ordinances of the City Council of the City of Palm Beach Gardens is hereby 37 amended at Article III, City of Palm Beach Gardens Fire Code, by repealing and 38 readopting Section 38-87, Codes and standards adopted, as revised and by repealing 39 Section 38-89 in its entirety and renumbering Sections 38-90 through 38-92 as new 40 Sections 38-89 through 38-91 and reserving Section 38-92 for future legislation; 41 providing that Article III shall hereafter read as follows: 42 43 Article III. CITY OF PALM BEACH GARDENS FIRE CODE 44 45 Sec. 38-86. Purpose and intent. (This section shall remain in full force and effect as 46 previously enacted.) Ordinance 17, 2009 1 Sec. 38-87. Codes and standards adopted. 2 3 (a) In accordance with sections 633.0215 and 633.025, Florida Statutes, the 4 Florida Fire Prevention Code adopted by the State Fire Marshall, as may be amended, 5 including NFPA 1 Fire Prevention Code, (2000 edition and)} NFPA 101 Life Safety 6 Code, (2000 edition) and the National Fire Protection Association, NFPA 1, Uniform Fire 7 Code, Annexes H & I, is hereby incorporated by reference and adopted as the fire 8 prevention and life safety code for the City of Palm Beach Gardens. The Florida Fire 9 Prevention Code, as amended by local amendments, may be hereinafter referred to as 10 "this Code" or the "Fire Prevention Code." The local amendments to this code are set 11 forth in sections 38-89 through and 38-921 of this article. 12 13 (b) Not less than three (3) copies of the current edition of the Florida Fire 14 Prevention Code specifically referenced above shall be on file at the office of the Fire 15 Rescue Department. The provisions of this code shall be controlling within the City of 16 Palm Beach Gardens, save and except those portions such as are hereinafter deleted, 17 modified, or amended by other sections of this article. 18 19 Sec. 38-88. Alternatives to code requirements; appeals to fire code board of 20 adjustment. (This section shall remain in full force and effect as 21 previously enacted.) 22 23 - . - - '. A . - . : e - - 24 25 - = - - - = - - - - -- =- - - - --• '__ . . _�� -- - -- - 26 - - - - -- e - = - =- - - -=, - -e • .•• _.e -- - -- 28 __ . .. - -•- , - - - - •- - ---. 29 30 (b) All fire hydrants shall be located within dedicated public or private rights 31 - , - - -- - =- - - - - - = - - _ _• .. _ _ , • - 32 - - -• =- •• - • - • - -- - -• - - - - - •• - - e e_ =•.• 33 34 - - - -- - - - - - - - e- 36 37 (d) There shall be no requirements for the estaig-shment of fire hydrants in 38 - -- - - - - -- - - - -- -. 39 40 Sec. 38-9-0 38-89. Sprinklers. (This section shall remain in full force and effect as 41 previously enacted but is renumbered.) 42 43 Sec. 38-94 38-90. Fire code inspection and special details fee schedule. 44 45 (a) Pursuant to section 38-921(a) of this article, all site improvements, 46 buildings, structures, or alterations, requiring fire department inspection services shall Page 2 of 4. Ordinance 17, 2009 1 be subject to a fee which shall be paid at the time of permit issuance in accordance with 2 a schedule established by resolution of the city council. 3 4 (b) Pursuant to section 38-921(b) of this article, all commercial buildings and 5 structures requiring an annual fire safety inspection shall be subject to a fee which shall 6 be paid at the time of occupational license renewal in accordance with a schedule 7 established by resolution of the city council. 8 9 (c) All special events shall be subject to a fee which shall be paid for fire 10 department services rendered in accordance with a schedule established by resolution 11 of the city council. 12 13 Sec. 38-92 38-91. Approval required for construction plans, fire suppression and 14 detection systems. 15 16 (a) All construction plans relating to this article and all fire suppression . 17 systems, smoke detection, floor plans (for life safety requirements), fire alarm systems, 18 and the like, or any alterations or remodeling of any new or existing building where the 19 above systems are affected, shall be submitted to the fire marshal for approval, and if 20 the plans comply with the provisions of this code, same shall be approved. If the plans 21 are not approved, applicant shall be advised of the reason for the rejection. A copy of 22 construction plans shall be delivered by the building department to the fire marshal at 23 least five days prior to issuance of a building permit, and the fire marshal shall have 24 three days to approve or not approve as set forth above. The fire marshal shall inspect 25 all new structures prior to occupancy to ensure that the provisions of this code have 26 been met, and the fire marshal shall submit his or her findings to the building official. 27 28 (b) The fire marshal shall conduct a fire safety inspection of all commercial 29 premises operating within the city, excluding home occupations, on at least an annual 30 basis. 31 32 Sec. 38-92 [Reserved.] 33 34 SECTION 2. Each and every other section and subsection of Chapter 38, Fire 35 Prevention and Protection, shall remain in full force and effect as previously enacted. 36 37 SECTION 3. All ordinances or parts of ordinances in conflict be and the same 38 are hereby repealed. 39 40 SECTION 4. Should any section or provision of this Ordinance or any portion 41 thereof, any paragraph, sentence, or word be declared by a court of competent 42 jurisdiction to be invalid, such decision shall not affect the validity of the remainder of 43 this Ordinance. 44 45 SECTION 5. Specific authority is hereby granted to codify this Ordinance. 46 Page 3 of 4 Ordinance 17, 2009 1 SECTION 6. This Ordinance shall take effect immediately upon adoption. 2 3 4 PASSED this day of , 2009, upon first reading. 5 6 PASSED AND ADOPTED this day of , 2009, upon 7 second and final reading. 8 9 10 CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT 11 12 13 BY: 14 Joseph R. Russo, Mayor 15 16 17 David Levy, Vice Mayor 18 19 20 Eric Jablin, Councilmember 21 22 23 Jody Barnett, Councilmember 24 25 26 Robert G. Premuroso, Councilmember • 27 28 29 ATTEST: 30 31 32 BY: 33 Patricia Snider, CMC, City Clerk 34 35 36 APPROVED AS TO FORM AND 37 LEGAL SUFFICIENCY 38 39 40 BY: 41 R. Max Lohman, Interim City Attorney 42 43 44 45 46 47 G:\attorney_share\ORDINANCES\2009\Ordinance 17 2009-FirePreventionCode.docx Page 4 of 4 ,.. s irh CITY OF PALM BEACH GARDENS Oroi,palm Beach Gardens COUNCIL AGENDA April 2, 2009 i ' � IL a' 7:00 P.M. 14t1 Mayor Russo Vice Mayor Levy . Council Member Jablin Sri-' fl:03 Council Member Barnett y ' It Council Member Premuroso I. PLEDGE OF ALLEGIANCE II. ROLL CALL (i,03,1‘-1 HI. ADDITIONS, DELETIONS, MODIFICATIONS: �� t�r,t eRiO�r m•L'1 IV ANNOUNCEMENTS I PRESENTATIONS: V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. CITY MANAGER REPORT: ?..Stec - k a. 50th Anniversary Event—Dancing Under the Stars— Sponsor Recognition. JJ JD- 41'60� VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIIL CONSENT AGENDA: S,U a. (Page 4)Approve Minutes from February 5, 2009 City Council meeting. b. (Page 1 1) Approve Minutes from February 19, 2009 City Council meeting. c. (Page 17) Approve Minutes from March 5, 2009 City Council meeting. d. (Staff Report on Page 22. Resolution on Pate 241 Resolution 28, 2009 - Purchase of 5 Lifepak Monitor/Defibrillators. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Agreement with Medtronic Physio Control Corporation to purchase five (5) Lifepak Monitors/Defibrillators; providing an effective date; and for other purposes. e. (Page 31)Proclamation—Fair Housing Month. IX. PUBLIC HEARINGS: Part I — Quasi-judicial Part II — Non-Quasi-judicial a. (Staff Report on Page 3' Ordinance on !'•• 118 Ordinance 15, 2009 — (1st QS.4- fait reading) Ballenlsles West Outparcel. An Ordinance of the City Council of the PoscPp~MtrT oe.4,3+.1 City of Palm Beach Gardens, Florida adopting a small-scale amendment to its Q s-o Comprehensive Development Plan in accordance with the mandates set forth in yv,uror e),,u,d Chapter 163, Florida Statutes, specifically Section 163.3187(1)(c), et seq., yke ft. Florida Statutes, which provides for an amendment to the City's Future Land Use p,,,,pa,,•w•��* Map designating one (1) parcel of real property comprising approximately 7.31 Passim S-O acres, more or less, in size as "(PO) Professional Office"; such parcel of land is � TOE .r, fac-re° located at the Southwest corner of the intersection of PGA Boulevard and o c ,,„ of 'i ,ij , Ballenlsles drive, informally known as `Ballenlsles West Outparcel"; providing poss.-k- s-o for compliance with all requirements of Chapter 163, Florida Statutes; providing a conflicts clause and a severability clause; providing an effective date; and for other purposes. b. (Staff keilo. 123. Resolution on Page 12r Resolution 33, 2009 — PGA Corporate Park (Parcel 5A) concurrent processing. A Resolution of the City Q Council of the City of Palm Beach Gardens, Florida allowing the concurrent "" processing of a Comprehensive Plan Text Amendment increasing the DRI Office 5-0 Standards, a Planned Community District (PCD) Amendment or a Planned Unit Development (PUD) application, and site plan approval for the approximately 86.34-acre parcel, referred to as "Parcel 5a," generally bounded by PGA Boulevard to the South, Alternate Al A to the East, the Interstate 95 right-of-way and Military Trail to the West, and the Winchester Courts and Garden Woods residential developments to the North; approving a concurrent processing agreement; providing an effective date; and for other purposes. c. (St; l(eport on Page 135, Ordinance on Page 144) Ordinance 27, 2008 - (2nd - nn reading and adoption) 10 Year Water Facilities Work Plan. An Ordinance of the Q° 'O1 City Council of the City of Palm Beach Gardens, Florida, amending its S o Comprehensive Development Plan to adopt the City's 10-Year Water Facilities Work Plan, in accordance with the mandates set forth in Sections 163.3177 and 163.3184, et seq., Florida Statutes, providing for a comprehensive update to the Future Land Use, Infrastructure, Conservation, Intergovernmental Coordination and Capital Improvement Elements, affecting the pagination in each amended element and including revised text necessary to update the data and analysis of the comprehensive plan; providing that the text, as amended or revised, shall be substituted for and replace the existing text in all amended elements; 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. d. (Staff Report on Page 175. Ordinance on Page 330) Ordinance 3, 2009 - (1st reading) Amendment to the Future Land Use Element. An Ordinance of the City q� Council of the City of Palm Beach Gardens, Florida amending its Comprehensive Development Plan to adopt the criteria for areas highly suitable for more intense •C office uses and to utilize the increased threshold intensity set forth in Section (P" 380.065I(3)(d)2, Florida Statutes; providing for a Text Amendment to the Future Land Use Element affecting the pagination in the amended element and including revised text necessary to update the data and analysis of the Comprehensive Plan; providing that the text, as amended, shall be substituted for and replace the existing text in the amended element(s); 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. X. RESOLUTIONS: XI ORDINANCES: (For Consideration on First Reading) a. (Staff Report on Page 334, Ordinance on Fate 336) Ordinance 17, 2009 — Fire Prevention and Protection— An Ordinance of the City Council of the City of Palm ��,,s� Beach Gardens, Florida amending Chapter 38, "Fire Prevention and Protection" at Article III, "City of Palm Beach Gardens Fire Code" by repealing Section 38-87 and readopting same, as revised in order to delete reference to a date specific edition of the Florida Fire Prevention Code; further amending Chapter 38 by repealing Section 38-89 in its entirety and renumbering Sections 38-90 through 38-92 as new Sections 38-89 through 38-91 and reserving Section 38-92 for future legislation; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: Milli. CITY ATTORNEY REPORT: XIV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk's Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770(VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. c CITY OF PALM BEACH GARDENS y Pa lm Beach Gard`_ens` Florida COUNCIL AGENDA �+"� � April 2, 2009 r I 1%rallL II 7:00 P.M. *AI t, S7W J : 7. 60 ! `'� Mayor Russo 9 ` /P' ` ' Vice Mayor Levy u�� ,fW, -. y `50d.Anniversary ", -'111/ : Council Member Jablin Council Member Barnett Council Member Premuroso J I. PLEDGE OF ALLEGIANCE .;Z II. ✓ ROLL CALL III. .7 ADDITIONS, DELETIONS, MODIFICATIONS: IV NOUNC MENTS / PRESENTATIONS: NGN6' S V. v EMS O SIDENT INTEREST AND BOARD/COMMITTEE REPORTS: 6 VI. V CITY MANAGER REPORT: a. 506 Anniversary Event—Dancing Under the Stars— Sponsor Recognition. I. /COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit a,? request form to the City Clerk prior to this Item) VIII., CONSENT AGENDA: S-oa. (Page 4)Approve Minutes from February 5, 2009 City Council meeting. eb. (Page 11)Approve Minutes from February 19, 2009 City Council meeting. c. (Page 17)Approve Minutes from March 5, 2009 City Council meeting. d. (Staff Report on Page 22, Resolution on Page 24) Resolution 28, 2009 - Purchase of 5 Lifepak Monitor/Defibrillators. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Agreement with Medtronic Physio Control Corporation to purchase five (5) Lifepak Monitors/Defibrillators; providing an effective date; and for other purposes. e. (Page 31)Proclamation— Fair Housing Month. 1 IX. PUBLIC HEARINGS: Part I—Quasi-judicial Part II—Non-Quasi-judicial y a. (Staff Report on Page 32, Ordinance on Page 118) Ordinance 15, 2009 — (1st reading) Ballenlsles West Outparcel. An Ordinance of the City Council of the 110 City of Palm Beach Gardens, Florida adopting a small-scale amendment to its Comprehensive Development Plan in accordance with the mandates set forth in Chapter 163, Florida Statutes, specifically Section 163.3187(1)(c), et seq., Florida Statutes, which provides for an amendment to the City's Future Land Use PQ� � Map designating one (1) parcel of real property comprising approximately 7.31 ed3/117 el acres, more or less, in size as "(PO) Professional Office"; such parcel of land is located at the Southwest corner of the intersection of PGA Boulevard and S-0 Ballenlsles drive, informally known as `Ballenlsles West Outparcel"; providing for compliance with all requirements of Chapter 163, Florida Statutes; providing a conflicts clause and a severability clause; providing an effective date; and for other purposes. 98 b. ./ (Staff Report on Page 123, Resolution on Page 126) Resolution 33, 2009 — PGA Corporate Park (Parcel 5A) concurrent processing. A Resolution of the City 0 foCouncil of the City of Palm Beach Gardens, Florida allowing the concurrent processing of a Comprehensive Plan Text Amendment increasing the DRI Office Standards, a Planned Community District (PCD) Amendment or a Planned Unit Development (PUD) application, and site plan approval for the approximately 86.34-acre parcel, referred to as "Parcel 5a," generally bounded by PGA Boulevard to the South, Alternate Al A to the East, the Interstate 95 right-of-way and Military Trail to the West, and the Winchester Courts and Garden Woods residential developments to the North; approving a concurrent processing agreement; providing an effective date; and for other purposes. q C. / (Staff Report on Page 135, Ordinance on Page 144) Ordinance 27, 2008 - (2nd reading and adoption) 10 Year Water Facilities Work Plan. An Ordinance of the 13 City Council of the City of Palm Beach Gardens, Florida, amending its Comprehensive Development Plan to adopt the City's 10-Year Water Facilities Work Plan, in accordance with the mandates set forth in Sections 163.3177 and 163.3184, et seq., Florida Statutes, providing for a comprehensive update to the <-d Future Land Use, Infrastructure, Conservation, Intergovernmental Coordination and Capital Improvement Elements, affecting the pagination in each amended element and including revised text necessary to update the data and analysis of the comprehensive plan; providing that the text, as amended or revised, shall be substituted for and replace the existing text in all amended elements; 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. 4. • d. (Staff Report on Page 175, Ordinance on Page 330) Ordinance 3, 2009 - (1st R D ,/ reading) Amendment to the Future Land Use Element. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending its Comprehensive Development Plan to adopt the criteria for areas highly suitable for more intense office uses and to utilize the increased threshold intensity set forth in Section 380.0651(3)(d)2, Florida Statutes; providing for a Text Amendment to the Future Land Use Element affecting the pagination in the amended element and including revised text necessary to update the data and analysis of the Comprehensive Plan; so P1 selp providing that the text, as amended, shall be substituted for and replace the existing text in the amended element(s); 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. 1.J0Pir X. ' :OLUTION ) XI ✓O ' ► :.► : (For Consideration on First Reading) a. (Staff Report on Page 334, Ordinance on Page 336) Ordinance 17, 2009 — Fire Prevention and Protection—An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 38, "Fire Prevention and Protection" at I 5(9 Article III, "City of Palm Beach Gardens Fire Code" by repealing Section 38-87 and readopting same, as revised in order to delete reference to a date specific a edition of the Florida Fire Prevention Code; further amending Chapter 38 by repealing Section 38-89 in its entirety and renumbering Sections 38-90 through 38-92 as new Sections 38-89 through 38-91 and reserving Section 38-92 for future legislation; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. L XII. /ITEMS FOR COUNCIL ACTION/DISCUSSION: 13 XIILIACITY ATTORNEY REPORT: )L1 XIV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made,including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk's Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. Comments From The Publip Request to Address City Council Please Print - Name: . L� Q Address: i. 0 City: r(30.' Subject: rei r'C L C 1 20 0 /1 - y pre 5-( r° if el c X 011 a/r1 hat-re o -42-1Ce$ i e ' r ,r - 13 / Members of the public may address the City Council during the "Comments by the Public" Portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: /? 7 cc- ,t/i4t.i_s Address: ./ / f-7/ 4 R P �/� . City: . t 1 - 6:- Subject: A P 14-C 7r Subject: � Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: P15 %(1) ► U) Address: 1 )) CA City: C Subject: Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. ■ ■ COMMENTS FROM THE PUBLIC • Request t Add ess City Council Please Print .-".e (c),,\Q \ Name: Address: \ 0 2:1 VIs ( City: �- -5 C.. Y SubjJ ect: Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Comments From The Public Request to Address City Council Please Print Name: 0\1 AW � Address: 1 )S ai\C18 CAYa City: Subject: -? gli1/401-16 ctuti VAib z,. re' nvrT 18_ cp5 Members of the public may address the City Council during the "Comments by the Public" Portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Comments From The Public Request to Address City Council Please Print Name: Ober - Q . ev■K Address: L-c, . . City: p 6 . Subject: � G A \.0 & 2- 0 c. C-ArNr" • C rac„\cttAr , I GOq Members of the public may address the City Council during the "Comments by the Public" Portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Comments From The Public Request to Address City Council Please Print Name: e Wt-fO! Address: /0 2 toit4.9 City: p6‘.._ Subject: OD I 1b4-ma . t4/6(7- 6u Members of the public may address the City Council during the "Comments by the Public" Portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Comments From The Public Request to Address City Council Please Print •Name: C i 't- I CpC i • if9 / " • In 1,49L Address: /02 t 1 e 11 0 ►2 _ City: -6 Subject: 61 14 czi L.S GU -- or 6/426/ Members of the public may address the City Council during the "Comments by the Public" Portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. . . Comments From The Public Request to Address City Council Please Print 67-\ Name: , . . / A / • • Address. 1S f a 4 A ,P tifil City: G . Subject: /, , if 4i1 f a . t J ; 9--ero Members of the public may address the City Council during the "Comments by the Public" Portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. M ! Comments From The Public Request to Address City Council Please Print „ Name: 7:27/ Address: • _ -4 I Cty Subject: 60 /1/ - • /9079- Members of the public may address the City Council during the "Comments by the Public" Portion of the agenda and during "Public Hearings`°. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. a e Comments From The Public Dcx-5 4'61— AR-e4 Request to Address City Council Tà Ja-,-IL Please Print d'A A 4 Name: A- Yl f Address: `} ® 04e1(1/1-61 Y7' - P . E , L- Subject:City. L iLmi t - O d-ez, \r\a-Adv-i- a/yyt. L.A.-4__ 4-0 stiort-i- Members of the public may address the City Council during the "Comments by the Public" Portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Comments From Th Public Request to Address City ouncil Please Print Name: /Cn H ( Address: c? / t� g c City: Subject: cemer2- Members of the public may address the City Council during the "Comments by the Public" Portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Comments From The Public Request to Address City Council Please Print Name: aaA/L r � - Address: if I City: , .,,iAAA (1X-0- IA L .; 37 / '1 Subject: jW,71,, ' •` Members of the public may address the City Council during the "Comments by the Public" Portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Comments From The Public Request to Address City Council Please Print Name: C►... . Li k - Address: City: Subject: ag,c1 3 Members of the public may address the City Council during the "Comments by the Public" Portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. . . Comments From The Public Request to Address City Council Please Print Name: L Ji4 g0/1/ - Address: if.yi go,s7cit/ ,4- l V City: _ Subject: &Kit., 3 , ,o-d9' /9 .Nc' OJT /4, , Ro cam 'e 9 co ,,, ' ' Pt S 40 ,- t - /i S- 4 (c- 115/')Gr " ---2v, c/n , A „,,",, ' 5 77) r , 'LA- 4/J/V /%m 5 //,(1D 4- 6&0 (v'eri)n t'not/ i ',4 bX6e2bexii-- //9m-,4 iiv / iM, 771-1C ,51-k //14'7--,E u/1v -, e rnjL' ha() 71Vd V1c-'1r A 0-- ` k&- Members of the public may address the City Council during the "Comments by the Public” -- ----.) Portion of the agenda and during "Public Hearings". Thi Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) mi utes. 59/4(2,e- v.,7715r6 19-1/4-12-4z1t1;41 77-/ 0,711 'WV, r / ti/190)//1)im Ae itit � LIl/G'Li1 " ') &- 0 Ballenlsles West Out-Parcel Agenda Item #IX, Part II, a Ordinance#15,2009 April 2, 2009 1" Reading - Proposed Amendment to the City's Future Land Use Plan Map designating 7.31 acres, more or less,as P0-Professional Office for property located at the Southwest corner of the intersection of PGA Boulevard and Ballenlsles Drive. I am a resident of Ballenlsles, and I am here to support the position of the Ballenlsles Community Association,to oppose the proposed application for an amendment to the Future Land Use Plan designation for the above referenced petition. Name Address e...t ,`c\b \ \ .- SA-- c l klip1. ic4_. #. 101 y. -- rL /J3 /f1p 6-Va- 41 /'S‘- A- - T-r-c _ i s vyvu,d.e. 1 a L Q.4 6` C -711 > -i3eo .� L.r"\Le- PR rf3 ttl EI " i o� c.v r , � � ` 'ell"'/ /4/�G ,-ovne ! /// 1(/"i (/s:e r7e i;,y` r. . h - 49f v Q 11 rig fit- OP��. ��::� / W/�pvv�AD P-e - 7 C ', I? // I ir /de cwfofezei '7):0 :77:.&- . ",ly-/F - 14 , ' i/, 6 co tiL/ p if I 33 y i.: "1:474 I I-1 I ElifIrf4a I I I I I I I I I I I I I I I I MI I KM WA II ill ,�il MK j`, f -� 73/veIC ia3 V 7�r -7 cicp ,,��,� a mil' / c�3 AJ r , N.:�Z',r 3J 1/r !tad ii. e `` /si acx, r � , , -.. AA /If OP c f ba 1 T-3 - -• ,1"4„, 0 / ) I, 1>6 oirksz# At, . v1 ,i7ly 0/LC/1/ Y k--PtC4-6 S ,OJ4 /5/W/ 04 c,-I/a C4 Y C/A e Le 4 4 ,a---0 i / 3 L. Lc.e r c�1 A \-��5 n II -r� se J)C e 011 SS 1 n 3 -. 1,v,e Y a \ �°4 e n ( Z Ballenlsles West Out-Parcel Agenda Item#IX, Part II, a Ordinance #15,2009 April 2, 2009 1St Reading - Proposed Amendment to the City's Future Land Use Plan Map designating 7.31 acres, more or less, as P0-Professional Office for property located at the Southwest corner of the intersection of PGA Boulevard and Ballenlsles Drive. I am a resident of Ballenlsles, and I am here to support the position of the Ballenlsles Community Association,to oppose the proposed application for an amendment to the Future Land Use Plan designation for the above referenced petition. Name Address re itr ,¢-e_065 38 6 .fit p,,k AiLleA j t96. 3 3 cl i e . ! _/ � AL T -VI. ! , ' Q 1 , ? - 3 , (.. ,,.G '���� /[�2v G/Z4-No 4—_, L 7--,„ POG 13Y/1 it/t c��' /P2(/ �L�x / r/���5• Yid D"1 RT' RK-r— (offA P PT c I `33yr ' Q�r'ce 3 W SI, % df-n.(s 3 v/s /'{eil ///asci-x 5a/I 39 tjf- 14.dn-7.0- 5 33// d7 , I) / /tom 4vt, / % f3- / /,,/ _ --3 o V/G ,i, ' 41/ ` /7/ Lli/.4jw,/A2- / r • 3iii5 � / ; I l �_i � r. J 1 .... 4 14-_'.."- •!G- - r wt. - r /37 • r 'Mr/ L ∎c, - -ckf di .0de0 / 07 dwA of Ca / — .5bott _.,, .,,,, AI --1`)) —w.GL. 17'1 7 / s5- t5 c-ee--g=1 r i if, cis gz( 1,4Li 1 / . 71 5r • x.81 e f ,1 Pb Cr- ,. / , L...i • �tJ, 1 1(.0 b-_��. .,)a - -,�j ' I • . _ „I ;V I.�f.. %, /' N1- I- r/J. ',ems- 1S `l Dcc ,�. `- C ---)11-7,--i-e-771 2.4 ....,./S......e. /14 ii r , ! o i C I //ii /!/ .4,, _ i �� , or, . _ 1” t Pi 1- QItc-N 10 4— ,q f 2 f(- Ballenlsles West Out-Parcel Agenda Item#IX, Part H, a Ordinance#15,2009 April 2, 2009 15t Reading- Proposed Amendment to the City's Future Land Use Plan Map designating 7.31 acres, more or less, as P0-Professional Office for property located at the Southwest corner of the intersection of PGA Boulevard and Ballenlsles Drive. I am a resident of Ballenlsles, and I am here to support the position of the Ballenlsles Community Association,to oppose the proposed application for an amendment to the Future Land Use Plan designation for the above referenced petition. Wme Address • /7 , 6 lCCf fir g Ti 6/rte f'°/ 6 30 , , e P i, (4-9 0.____It n Ballenlsles West Out-Parcel Agenda Item#IX, Part II, a Ordinance#15,2009 April 2, 2009 1st Reading- Proposed Amendment to the City's Future Land Use Plan Map designating 7.31 acres, more or less,as P0-Professional Office for property located at the Southwest corner of the intersection of PGA Boulevard and Ballenlsles Drive. I am a resident of Ballenlsles,and I am here to support the position of the Ballenlsles Community Association,to oppose the proposed application for an amendment to the Future Land Use Plan designation for the above referenced petition. Name Address i 0 5---- C-r-/---1-4"---,-'T' 647- <--- I ,,/e-4-__.52(-44 -41-A--t-'^—4/ ,, 1 Gu-os5 � I ► If TAIL 4 ..tilt ' id i/silt `t% . e://1 U/ _ i ,/ 4 2- 'En-- #, 1- p,C.-_- I'!�� � G- I,Aeiiv P -fa- wL.IQ i /V OA , p6 k— �ao et�ken- )&c.t 08Cn -Ls ir. C1e-o L) 62}1-,A-LA,l412, rcaz-6ce. c t t, d l - �C l� U , X66 A Pct . P13b. f 1 69s, pe cv14 c 11`c ¼ 4 ' .( ' k V , • I \Y) �/ 14 `t` C3` C.,, N,A -- • t.)-4° /15,,..,--t84:4- ll Ballenlsles West Out-Parcel Agenda Item#1X, Part il, a Ordinance#15,2009 April 2, 2009 1 st Reading - Proposed Amendment to the City's Future Land Use Plan Map designating 7.31 acres, more or less, as P0-Professional Office for property located at the Southwest corner of the intersection of PGA Boulevard and Ballenlsles Drive. 1 am a resident of Ballenlsles, and I am here to support the position of the Ballenlsles Community Association,to oppose the proposed application for an amendment to the Future Land Use Plan designation for the above referenced petition. Name Address ♦ , LI 050 z�z , not ' - j / - Cdco-O <v— 1L , 10 121 /eh 4c,s 15--) /iv/ vaie/AR,o � �- �� C r So 14c( 4O )c Cy - '' .(rki id 2-/I P Poq Oth'aE _g_R_MIFAMVt•Wara#SgtatWMMPMAralr 4-011 r Art /30 0,--1 P / yr G C Ballenlsles West Out-Parcel Agenda Item#IX, Part II, a Ordinance#15,2009 April 2, 2009 1 t Reading - Proposed Amendment to the City's Future Land Use Plan Map designating 7.31 acres, more or less, as P0-Professional Office for property located at the Southwest corner of the intersection of PGA Boulevard and Ballenlsles Drive. I am a resident of Ballenlsles, and I am here to support the position of the Ballenlsles Community Association, to oppose the proposed application for an amendment to the Future Land Use Plan designation for the above referenced petition. Name I Address al/0 lirlyti.IG�QN /<0aeti J - /leg'4 677 fZ. Ge-6-(--Ag .,-s- ' - (C;',R i-<-A)N.54) . 1 1-0• 772-NA.7 (tic ) / - .. — /48, 8 glam-, ' ` ,' e 14 A Y AN P C9114 n ii. /,d ioo / 6 lIAN'c) ZSLe y� A,aAet .� 'Via, ' A. • 10 . ►c�-AAr�. €.)0,-- (0 II � � • ' '1�,� 'ti�i! �,�fs //6 r. � ,� /'p/.c/T` eiP sii, / C�3 -1 A _ - : (' 3/■ ? '0,7t;L c LQ . 171 os g, ' . 11-A- .-sc.0 Dry l yr 7 S c_k ko a.-Y (lo (� AA'9 w R p ' A 'fl � 'CK - /J -ref Pk ' tiiik Y Zr< G 1"--109-ii f- "09/2-s'Ad o. a s f?/ 7L3 a 7 e-4 4-(/r V7-� -,<I .,-e Goo ,9,r/ ? (/A-y Ro F'e4 a k ST (7-'vLr< /3K )4 Al /4 /� s r G-�w v-►-i-,o ES-- if qj Tilts /004 (34-fvf3 ,r_f 1 _ ./0/06- a . `e� /Z U _ • C 1cv-sG, # . , .. , I `:' , - P/6j- .S ":,\410___- NAQ.-�.'�-A�O�.Uj \k . S v N S �N\ `CJ . �F ,C- AM/ - 3 S Y C—L- :S' r P6 6- / Sq - c�t '.�' X112 r ill Ballenlsles West Out-Parcel Agenda Item#IX, Part II, a Ordinance#15,2009 April 2, 2009 1st Reading - Proposed Amendment to the City's Future Land Use Plan Map designating 7.31 acres, more or less, as P0-Professional Office for property located at the Southwest corner of the intersection of PGA Boulevard and Ballenlsles Drive. I am a resident of Ballenlsles, and I am here to support the position of the Ballenlsles Community Association,to oppose the proposed application for an amendment to the Future Land Use Plan designation for the above referenced petition. Na 1tmAit e � � Address . cQ f of c flaw 4/74- a rind ?DC- , M�x`i rt-ji 14-�V v1 Cvi1y4 a C �Gh poi o.5.1-) is R 0C /3_£ es l.e ali;hnl.e 12 7 TS-0/V w 4chri t d /4tTh r/ 0, 7 fsli7h I a/0-e /P. m!, p 49 .0,4- ,1,,,q,),, /74_,Z- .8 tS 1 (71 (7 c W N AA(1 cb 4% Cc j c 4— /4,4 1 Vi {r;- 01:-04lA.ts 3/Y C S�/L s4t✓pj FG G.r lif��j � a// C r�-� ��,e AcE_ • � — — - • [1 _ ?X Ballenlsles West Out-Parcel Agenda Item#IX,Part II, a Ordinance#15,2009 April 2, 2009 1st Reading - Proposed Amendment to the City's Future Land Use Plan Map designating 7.31 acres, more or less, as P0-Professional Office for property located at the Southwest corner of the intersection of PGA Boulevard and Ballenlsles Drive. I am a resident of Ballenlsles, and I am here to support the position of the Ballenlsles Community Association,to oppose the proposed application for an amendment to the Future Land Use Plan designation for the above referenced petition. Name Address j--16g_ i., d s -)-1 soce-(62. -AL. ,Pr- 1.0-A-iel L-PryleL th sT Amo be_ ,�' Qi,a( , iii V i �: ff3� — • A$12 a �efrwc /0 ) 1/r c ' ,( Cr- C-7)vV rf,c n 4,.,./tie.... , ,-- °r S,it-,t !(t¢ co --P, , ,I(IN.:1):1:9, &clr>,. 1,? 9 ilil 11/qco i)R/-v g- - Metier-Lc ers 1?o (r d. loa,"_ /-- . Aim i / I co d,i c_ ...._ is 3 / / - « . 4' /e , 7.444.),‘ itcAf/e2k. /0(/' ec,94)/ L -t7 07 ado 0....‘ je ,,,e-ix-,„ (1 , . /A-2- - /e.0.-i - c), :1--P-N2_2 -e/2vueft_/,c • _ ; , ,k47.-krR ivy.. V itfil-') -Ic ede V /-2--, ,.. __,.--,i_ir,_ ,&_., ,k , 7 - ' (-2-) C j-iS _i--S1--E 4.74._("e:tiot___,->Cf-AiL(k a___,_yki 1/ 9 L7-4-.Sler“_61-- dalp.)„• ireflJ c/L � b,0 r A < Z r/J/CJfl 2// �'©!�A¢ c C 6( ' tk ji-i p /1 n e Rd 4 16 `t V " S fri- Cs7-� / 3 /34-x 1 yA,1/4l s C Jr - 4 \ T Ballenlsles West Out-Parcel Agenda Item#IX, Part II, a Ordinance#15,2009 April 2, 2009 1St Reading - Proposed Amendment to the City's Future Land Use Plan Map designating 7.31 acres, more or less, as P0-Professional Office for property located at the Southwest corner of the intersection of PGA Boulevard and Ballenlsles Drive. I am a resident of Ballenlsles,and I am here to support the position of the Ballenlsles Community Association,to oppose the proposed application for an amendment to the Future Land Use Plan designation for the above referenced petition. Name Address tMA >Y, ' 722 � / J71- P� 9h- a v-tri I jr ∎cl, , la4 Sure T kSko •14 ' r2rr� 1 ap- ��-r / - ' P6((_ .3G Le______) Ballenlsles West Out-Parcel Agenda Item#IX, Part II, a Ordinance#15,2009 April 2, 2009 1 sc Reading- Proposed Amendment to the City's Future Land Use Plan Map designating 7.31 acres, more or less, as P0-Professional Office for property located at the Southwest corner of the intersection of PGA Boulevard and Ballenlsles Drive. I am a resident of Ballenlsles, and I am here to support the position of the Ballenlsles Community Association,to oppose the proposed application for an amendment to the Future Land Use Plan designation for the above referenced petition. Name Address 120V( 19 rgttLGO A? 52c-wf i-erri,_ atce (1/3&— Fr- 4(._ U c c-- h (7`( g(kstiA k (�� f 6 C 33Y(P' _ 0 4(11)cAt 4 , A 1-,e0,60�/ _.k.9-5 / // // '/ /, 1 .f7-0-'■ / 41€ 464 /6 C /V t at 4, ,a-s,,i OA fj C F( 33 q it' C P Xi, e S - , ' 10 c ti 1,,Q od p� eg c --( 3- '/fy bir,Vpi 6,0 a‘ / . / _ 0 livut4-- as-111-t- P f3 . &P- f 'l ' tr— _51.--- 1 - _ ;seiti y3 ft / *Ail-4a - ! 3 3 w� 4 0 , i Gs4 i t 4,,..,, • ilprAk; ., __ ID / F Ad ar%i , ° • I; cre .10! . .. .'_ow,:. mi... . .4-at.., ..:. _ i 0 7 c_ _. i 'tom . L/ G / �/% �1 ��..�� -. .i .b ,! GMT- a—� --- — A _ ; B �.,. I� 3 iwi _/ L.-1 /L a1 •-- .....11-,,i •�/,// II I/� '� - Of ' I , /10 S,_ tvt. /J • P V G. 334( /? - a /404 C.-/ -19--< ..L -7P C4' 1� (� �9 ,,e,� 31 4./-vt. .44eAs- —OA. . 3`-t-•( 5, Og . - /) C\ Cam_. -3-1 o.Ax_cvs„ . c_ 61�c.31:—S, 3 3 `f 17g I(i.3 C{//!V� °fir &V;IVOV..1V silo IG1 6kw�wc:v 1 :et •L k° 6b �.c ) 0& ---k----- Nom- , t. Ballenlsles West Out-Parcel Agenda Item#IX, Part II, a Ordinance#15,2009 April 2, 2009 151 Reading - Proposed Amendment to the City's Future Land Use Plan Map designating 7.31 acres, more or less, as P0-Professional Office for property located at the Southwest corner of the intersection of PGA Boulevard and Ballenlsles Drive. I am a resident of Ballenlsles, and I am here to support the position of the Ballenlsles Community Association,to oppose the proposed application for an amendment to the Future Land Use Plan designation for the above referenced petition. Name Address 6za-a— 1 I ( G-/- 44 p 8 ", 1r0 /�s I ' ' N - ° a� � Iv l • D \ ;DIn, 2 I G cocc_wiv r /-0 ,Jr-ik •a It it, is tom, • v.° '.1111111/r _�2 L. '/ Gt/ 9-V 7 E /086 c., - ' -/ D4- &4 G >a/ // SC /A-f A,2,,,,(7- f2cL6--- / 6 , uJ Pub ,ers 1Jn- 7 7OM 6i4,)/ Aoi,ur Gy rC4 i----inZ - , y 5- v.:( , 7(--- __ --:-/----2 / . rk6 r , .i/,ai 4 �.� ' / o'-6 19 (`ot F�; / ,g .�J1�( . 'N��' ' !� 12664 P�c y reiPiP cC- t,,, �d, �i 3 fl J 4 cam ` //�� .1.t��.�r _K t e ,, ge-------' ii-\.- a 4 MI Lt 2-6\ 5 I 1/ l= L a . 9 - .1'_. _.._►i 2, Vf �-t( - � ( '/—�f�3ij(f' A , Pi , Wit~ _II q OA)0 Al. --I i L6ia—JPl li.D_ 2-1 S'T, -.1m1eS Dg1 'i`P •13 6 3p3yi- . . ... ti.._ ,� /' • /d ' _____ _ ; eP . :-� % 5 .� , 1 :.4.'_ _ 0 ._ .� • 1 s.�f5 � z..f 4 v L 1-A- ! N9 11 9 solves I A- c_ ,-2 D Pt4L.A11;, /Of „g",--,-,4/0-r--/L( CA ( t 04 6 $$k attot 0 Liz, Ballenlsles West Out-Parcel Agenda Item#IX, Part II, a Ordinance#15,2009 April 2, 2009. 15t Reading - Proposed Amendment to the City's Future Land Use Plan Map designating 7.31 acres, more or less, as P0-Professional Office for property located at the Southwest corner of the intersection of PGA Boulevard and Ballenlsles Drive. I am a resident of Ballenlsles, and I am here to support the position of the Ballenlsles Community Association,to oppose the proposed application for an amendment to the Future Land Use Plan designation for the above referenced petition. Name Address ' k fti#*All /© z b 4 r e.L.-h /4(e..- yr, 77& —A, /' . (6(e.A.A A- 13L I1JC&.fl - 1� C. `Plge�d S r , (a),-.44, g3 �. y p, _ ( f3 �- ,4 % , / 0 „gee ��iv� zss� /7Z _il ,�, ti �, ,..,...,'. .R.. •.rte �.. /s.a - w/o' . - i / 1 f"; r I ° 7 �� /jam . / i/ ' j_ 111111111111111111M1111_ ��'il . -u-C_ / c 7 / ././i • 0.4 001010011W- Ili' /2 /' • /) / 1/ 1 / G-Z "'h_ .i i/�__ _.:% .,- - =! ,G is 1 ,.>-1. ,.. , it— 1 a‘ t�NS-.<:r Co, L,n,.--' � P 3 i /I' ll �` ,// f In ( F ne,t Jp 5e, L -f'c Ac-F.A. • A • k. - 0 u ' . i - -,✓':L Wi Vii I / 1t i . /A.�/WA OA �, IIN _!// a ni CM - , i as SI,4.Q-3-Ie--, (6lAe e 1,-2-- ■ ter-- �) Uu1s Cp'' 7�n� Q �, /43 di t/ c b /1 D / ,Y e 6— it___ ii 712 .4_,—.-- /1„....) ,;„....„,„„/„..te., „„.„4. 7.7:5,5 574/C /r i ' Jo) .../..3 Ballenlsles West Out-Parcel Agenda Item #IX, Part II, a Ordinance#15,2009 April 2, 2009 1" Reading - Proposed Amendment to the City's Future Land Use Plan Map designating 7.31 acres, more or less, as P0-Professional Office for property located at the Southwest corner of the intersection of PGA Boulevard and Ballenlsles Drive. I am a resident of Ballenlsles, and I am here to support the position of the Ballenlsles Community Association,to oppose the proposed application for an amendment to the Future Land Use Plan designation for the above referenced petition. Name Address AAA 0 4. : / h,.-. i 0 Rau J i c}9 y- - P t8 G t7 .,_„,,..i. If ._i7/.3 L. /1.(e) -- w IBILWAGWEIIllifignir')7 IIM. , AIWAIMer ' Vic ' fr. ` - `7.< iii , ,K7 " LIAri :: , . [2,(e. 6,fite2kti .e4,1 LIA.0___t.■ -Lt (-cs,y-Ac ) 'OK- c7f5Co / Pb - 2� / J , I11 /Uu .� , I Su� kf 1 . 4-/, _/74 y �� • , A c� • r q P pG - ' , . / 3 = ›° ..02 . kw 7 a iii ._ .. L • r 1. if.rte . 1,w AL k LTu104. ) k 1 i 'L6. ' i z 1„ if-`-v/ ,/41e,t/v Ly R1, /d S 3 ,5-.��s Le &T pg Lo ./�a b IIJS ,3 - . �5� e-T p j3 :Iv ..,,. t // . i C . s�4j e 1 ill �1 I � /o& -.f • �/�� ]cl r? - r2e.� �, ' ,: 4 ,a i.. a,,s a J.), e_,1 I ci-L , #41 u c-t. PBS AA In.e. \ A! . Its ' 1 ► ri 1 . 1 0f ` ::�� 1 , 4.r0 i R.1� /J417 fi P86— //L] 6S 6-' m� 1 ik A. t- fat 1 n, ► -_ _ A !'mod / 11 C—r� DJ-Ass L.L.)-1- Ballenlsles West Out-Parcel Agenda Item#IX, Part II, a Ordinance#15,2009 April 2, 2009 1st Reading - Proposed Amendment to the City's Future Land Use Plan Map designating 7.31 acres, more or less, as P0-Professional Office for property located at the Southwest corner of the intersection of PGA Boulevard and Ballenlsles Drive. I am a resident of Ballenlsles, and I am here to support the position of the Ballenlsles Community Association,to oppose the proposed application for an amendment to the Future Land Use Plan designation for the above referenced petition. Name Address 019c1' W,,,?f, / 1 t (, ?c Co.)c 1_•G• t5T q �-/ 6 . �fif.Q/�'it f'rP .9-,.t/- ..C.<&' 0< L E r v 9 i- E v R L Y N 1 E-➢t'p ( I 7 G© f�,y-L C A ') 1-/Ae0Lp .PR1c 1 a Vi ,vT,- 6-& `]`_ SLR 1 /F1 Ali e / ce- /�r /.� �r 5(C .4--Y - f J� k. . -4,- / / v 6-, ?s is A. . f_6 • o 5� 11 b 7V o. e_. Elk 1 liri l ��� % , d(yZ D�� /V z 2 L/E__)0 6 kt 4-A-- "f`t .C4-., i V ( k . Gn ue- . b - lc, k,,1. , c�„-Q ( G" : u,.�/ l I/ 7 3 id K! 492' 6s-d6-. /"5'74-'5e t■ig(124254, y 7 / ec4 it i �-- ;. P .errQ 1, SA J� , 1 r, �-2, d ) l4 0 oz, Kali ` 4� 4 P 6 - ci-e ,14 le4,CJ 31/ J . a/z),/ _ .(-I . ye ,67/3-(7/ / 7 ff VEi2:a...tk geg.,. ,--- .../P Ce_ ` A61/6. _ 131 5 y �,,� ,� v rN ,2 ti l✓ _ l � 3G; Ballenlsles West Out-Parcel Agenda Item #IX, Part II, a Ordinance#15,2009 April 2, 2009 1st Reading - Proposed Amendment to the City's Future Land Use Plan Map designating 7.31 acres, more or less, as P0-Professional Office for property located at the Southwest corner of the intersection of PGA Boulevard and Ballenlsles Drive. I am a resident of Ballenlsles, and I am here to support the position of the Ballenlsles Community Association,to oppose the proposed application for an amendment to the Future Land Use Plan designation for the above referenced petition. Name Address L ,, crUlt 1 o as g(ox \ V ' -os Pf3c . . • 5 % -a >G Q+vt.� e L�. c.,D Z 1 64 J I �I . 'Pee-- b 1 5- O (b frh li /abet &r 0(.,.,& 1,01& `)15 b o(UV -N, i1 1 ` ! I 11 p� / i / IIRMINIPAffellailliMMIIIMMEIMI L . , ' fa / " JD 6 >14.1 m/1) 6 V E 1/011- PoS - / I , 1+L.v. , • , 5.�/ • -J., J✓ Nto e. p ,�i log AT �A— / ) / ,‘,C. ,It) ( &- 4 ,i_. I� , A ,i 1. _ _L,..A... i, . • /)v 1L.e lioel 1 76;0-7-ci cLe P-0-..,..4, 24 17 w `g ' .o.,4,� a 7 C'' GLCA-(rsvw. P� -•CUL<D4 a 41- , e 6G +_,o. . J .... ':.tt6... ' 11\ J 1 V L4. , f>, ■ r• ` S Cr-- - 1 � 11 C 5-1_,/ )r• 8�.,,!!'� s i .4.4,r 4-6- Vii% �` . N.L. ♦ �i cif. .. �i _ L Ll�- MC IIMITI• NIMINIIIIIIIIIII 1flg .11Z4fai_MI_ AIIIIIIII l` ) • /37 w / c,9Y r,(3 _ 11 47ZtjAe--,---- -"lib I Z 1 0 AeLiff ' 1-1 115, r 4 fr y 5 iaziza. 1) r ) G 0:2) Ballenlsles West Out-Parcel Agenda Item#IX, Part II, a Ordinance#15,2009 April 2, 2009 1 sc Reading - Proposed Amendment to the City's Future Land Use Plan Map designating 7.31 acres, more or less, as PO-Professional Office for property located at the Southwest corner of the intersection of PGA Boulevard and Ballenlsles Drive. I am a resident of Ballenlsles, and I am here to support the position of the Ballenlsles Community Association, to oppose the proposed application for an amendment to the Future Land Use Plan designation for the above referenced petition. Name Address !__ - ' . ? L INIA- 71 ►, 7111111AMOIR ----„Al It �iu� , A36 �tA� c Tr��A � /17-762_____ Ira k_ ~L &/?/%160 16 M41v /c'C26 GfZ AJ 7lt C/7.4- tko > . ',/ • l( v 4'CV-' Pe- ct J. e P(46- g4 „/„.., ov i /5--i" V'fr;tz -v4a 01, (306- i' aut, ci-kk. / 0/ 7,fli)c g 1 iz---- P 1 is ki, ,r� f L- : - I I . , H vi r vir rs k LA l Q i 3 n jS 1M.,vnc U.c T , `, & . — ; -; rx- - 57 �� z��,� ��� STvlc�e--k l 141, --7-7 (5f •.- ' , G- 7 L e W L dot �3��.— 7 02,06i ft C , r i _, 1Z Y , ; . ( , 1 I", , 4! .* it /_.. ,_ __,, , •a•,d _. A '_ Or i_ ,� 1 u r�rZ A e �H "E 1 2 ' L /� Atz." Levy ' i,t S(L I t--- 1 ) 1 liQ - C d v -L_ 6V -Re- )2 1 I 1 Su wu .PC e-- Co J cDon I,._ g'd\ L,\ 5 c c k S% L c c c i Dr;,* 1V1 A-AY l �J ec k d i° i - /2/9 Ai e446‘- 1 ryl QK 3ci Sp e\St ic ( o n� LPr-Roc G-t_at V l e=o n Y 7� LT Ballenlsles West Out-Parcel Agenda Item#IX, Part II, a Ordinance#15,2009 April 2, 2009 1 Sc Reading - Proposed Amendment to the City's Future Land Use Plan Map designating 7.31 acres, more or less, as P0-Professional Office for property located at the Southwest corner of the intersection of PGA Boulevard and Ballenlsles Drive. I am a resident of Ballenlsles, and I am here to support the position of the Ballenlsles Community Association, to oppose the proposed application for an amendment to the Future Land Use Plan designation for the above referenced petition. Na. ' Address /( )4,4--(....4.--a_4--- f/I�Z • .. .4 .�_'. ..cAL o6 .. - , Coif A// 1-2e6 AAA • i • A'.411 0 - 4AAI !� ,! l ! -`_L 1 :►. �. t I ' r Nowell A tit golf' A: 416111Le .-/ ' ).?)0 C -Ic4 . a' ,,,,,.. e. /oy.A ,,,,/,.; 1 i, „_ 1, ' Iii / 0, ..„ 2 Y4. Cesi c? y lei (&-t.ii A (l7 C012/P. Cd y n Cam, /0) v / 9Z ,f, Tudt4 / li, a 57 i _ .�, - fr'! _5`7 yr ,,s ‘)/e"447 • ,,,..,.,et._ Jr7 eadue_ 4-61.i kf. tom— / Z< ��� 1 C A D� �� 110 � --1 ..-.\ i_c_l____ id, " - .0 jd _ 46 -f_,'�� % %/ /l 7 �e �r PP' , No / (C ' fi -i*am,,,--- i v, ,&v, 1,0 j,„ , a._ r 7. /Y S7. G see p'-. . ice. ..i / j1.476.41.4---( 2.4_n - • . _. O 7,% 1 Ballenlsles West Out-Parcel Agenda Item#IX, Part II, a Ordinance#15,2009 April 2, 2009 1 sc Reading- Proposed Amendment to the City's Future Land Use Plan Map designating 7.31 acres, more or less, as P0-Professional Office for property located at the Southwest corner of the intersection of PGA Boulevard and Ballenlsles Drive. I am a resident of Ballenlsles,and I am here to support the position of the Ballenlsles Community Association,to oppose the proposed application for an amendment to the Future Land Use Plan designation for the above referenced petition. Name Address yI v 4.0,1,, 7 6 z a t nod. 0,1,' vp 1 s9 t,') C4- . — A • .! 1... '-ck. r ._1. 1111 ....�.� •� . �P.111,Ir var. p 1S / '3 6 - o-;(., V - • L. L�cA.),-5 / Zi'- 5'- JL`si17 „� ./� i riAlc i,--1 5-1nilli-e9e-Lfk - 1--4_}-2, _ 56 a ail! 46- i /(,) (w /01- W/��Mil� � ` a I _ ', / a/ /')/e /7 ,5-"i%r SIB /2 AI a '■ A S A l C' 11/4 I 21 I II I IM Willifflal I II I II ,. , , , ,. Pgul W Lnt/L92— L 3 0 '.�-441"7 f 6 Pi-,k. . L//� ,,,te e- ',Ja a 3 La e.--1---,-, �! G f , - ,, ,1 Ce e,--- 337 ' L Qti, - 0 // , 2 5fiZ j ci��� $ ;7 �W Lam.'M PA MIltvi - r .21111111 �A wit 6180 s II O fr 6 I r 1°1 6 t"i td'el, 4 44' a►» u 0 4U ulve 9e • , Pe) ` 1,. • - ..V It-Ad ' C`I- _Da PS G U_21 c Ballenlsles West Out-Parcel Agenda Item#IX, Part II, a Ordinance#15,2009 April 2, 2009 ist Reading - Proposed Amendment to the City's Future Land Use Plan Map designating 7.31 acres, more or less, as P0-Professional Office for property located at the Southwest corner of the intersection of PGA Boulevard and Ballenlsles Drive. I am a resident of Ballenlsles, and I am here to support the position of the Ballenlsles Community Association, to oppose the proposed application for an amendment to the Future Land Use Plan designation for the above referenced petition. Name Address AL,_��_�� _sue,- • — 3 - - - // 7• IIPMPWIWNC._SOVIMIIIM 411=1Fallal..., A04. 111 it t ,r=, , ...Arm . L- /,l- y L' 'I,r '--/ I /! to, / / /-e fee rimmwi' imimmentotramewmigioriffall 11:,---tir -4/14-fiyoki et,,, ,3 1 .,9-7 ./0 i Ifi/ Oi.[.'_�/_ s.G -/ .. _: SSG'_ a ._ /11 'M� I VW ( e,c6- c4!4 Or--2 .- �i I � r 1 A 4.3 -• ale "r \ I eit LiNg--12ea--(- 4 • "4-, Hz9-e t c, 4,e,,,,_2___,-7-,__,...) ///c? ex-Ysrs� Pr, -Pr c pr. Tri 4V— 1M 19 i 1 NI. 1t D2LF t1.- re �' �. .. • �j!� , �. (2 bra Ca . ‘{ ' . lirkiffinurgrAZYMIMME .=,?_ aie..ekKa i ' 1. 7- - .19e, M ' ee R ' " 3i f--Ct � cr-. 11111111Y"MilMOINT1":A1111111113M111111Mfiliniliall""WASIOMIIIIIIIIIIIIMIFFAMEMIEffil Ballenlsles West Out-Parcel Agenda Item#IX, Part II, a Ordinance#15,2009 April 2, 2009 1st Reading -Proposed Amendment to the City's Future Land Use Plan Map designating 7.31 acres, more or less, as P0-Professional Office for property located at the Southwest corner of the intersection of PGA Boulevard and Ballenlsles Drive. I am a resident of Ballenlsles, and I am here to support the position of the Ballenlsles Community Association, to oppose the proposed application for an amendment to the Future Land Use Plan designation for the above referenced petition. Name Address • C94 ( `ccilkeCMGA . csg■ _ S S \1/4) e_ ` cg X ' some) p/o �I��, r, G2 7 5-)--. r��V L P °r-r/ 1/ 9i3 Pod-A-7 3Q7 407, P, )3 .1.3$640(Lt.), /02- U./C.12,7,7 Gtedet Arcs141.0._ 39 C6,--k_ctk ?. 1 ,J5-Cf i , i, Ll4� /. ., '. 11Z Pi M J 16G" i n f9 fvvc 46, 4.1 v(0 ...eolVe. [ 64 / B '/ 134 44.40 v PAL,i J k1 Fg6 334IS c, _ fcm 73Y Gin a /Ar,N L%, .�6- 335//, LI ,4 AL _As .�� ,_.. .Ij_4 / io / C .1 A Nr f y�,��2 _ /p c©c racy-r ' (00 ezyk I 2-.(/' Ballenlsles West Out-Parcel Agenda Item#IX, Part II, a Ordinance#15,2009 April 2, 2009 1'' Reading - Proposed Amendment to the City's Future Land Use Plan Map designating 7.31 acres, more or less, as P0-Professional Office for property located at the Southwest corner of the intersection of PGA Boulevard and Ballenlsles Drive. I am a resident of Ballenlsles, and I am here to support the position of the Ballenlsles Community Association,to oppose the proposed application for an amendment to the Future Land Use Plan designation for the above referenced petition. Name Address 44w7L BIZ L__ Ii// �6 -- rf S: - IN ,3.. , 5-J.0.3 ET &I-", 1—q€ �/ Ii; $u%i ‘,7 /%// ITS trrr eY� '1 0e + V&-e- flu)i0-1>, Shy-rmor II aJ k i-.M- T Ic- L /1 /Z.t'/1- r l e i'� 1L �k. i/f , ,Jc41.4R.0 r // L t/ .//�G / l -, 4'„./��L EarREIWPAIMEIMEM e /1211'274Mf4111111•1111111111111 %. mauA /0r $q/ (ate- Dom, \miange k h r Su ���Ica pie. 74,- 4 .■ Ii i_ IMIMMEMAIMIPAINI ilIMICSINCTIEWIffe_ ''' "P7.2 rjj.- Ballenlsles West Out-Parcel Agenda Item#IX, Part II, a Ordinance#15,2009 April 2,2009 1 st Reading - Proposed Amendment to the City's Future Land Use Plan Map designating 7.31 acres, more or less, as P0-Professional Office for property located at the Southwest corner of the intersection of PGA Boulevard and Ballenlsles Drive. I am a resident of Ballenlsles, and I am here to support the position of the Ballenlsles Community Association,to oppose the proposed application for an amendment to the Future Land Use Plan designation for the above referenced petition. Name, Address rair _ 0 e , Pi'- 2 i CA.!VI( 4c - z J, . T�f� EIMPAIIVIRrAffiragnil �/• • ' • o 'V et, 404'12 ManirrAiL INSWERIMMT Erazimmisimmirzrirm - u, m . rte' Cf siumwmi FA�-9 i © A h` II r M111 ' jrzwa I7/I iW 1 M /15-56 / i....h.firll 1ct .6 .4 6 • g Imo.' ' /.�_ . M .i M_ mfr. 1 12 I -. Ballenlsles West Out-Parcel Agenda Item#IX, Part II, a Ordinance#15,2009 April 2, 2009 1 sc Reading - Proposed Amendment to the City's Future Land Use Plan Map designating 7.31 acres, more or less, as P0-Professional Office for property located at the Southwest corner of the intersection of PGA Boulevard and Ballenlsles Drive. I am a resident of Ballenlsles, and I am here to support the position of the Ballenlsles Community Association,to oppose the proposed application for an amendment to the Future Land Use Plan designation for the above referenced petition. Nam• Address , . / •_.ii ,.:4111_ .....AlvaP/14.&.-Mill (.0 Al I I.,,i "Ad iti 11- , 0,4,,,,, kw Awmor,4011,,041-p ..,-.- .„ipini , , . ( A � - �Y 7°7 - �j Ali/%' • .: / /o`1O it _0.,.. IPI '..i _. 4 i �i� i ..a s_ l( ( `c it_ s t )1am'-- �•�. V p Ls . Qeo r-e g, C'. !z_ .339/ 8' vs. :::. sli_ A\ci 7 I `IP 3 ' P' tail l� Ballenlsles West Out-Parcel Agenda Item#IX, Part II, a Ordinance#15,2009 April 2,2009 1 sc Reading - Proposed Amendment to the City's Future Land Use Plan Map designating 7.31 acres, more or less, as P0-Professional Office for property located at the Southwest corner of the intersection of PGA Boulevard and Ballenlsles Drive. I am a resident of Ballenlsles, and I am here to support the position of the Ballenlsles Community Association, to oppose the proposed application for an amendment to the Future Land Use Plan designation for the above referenced petition. N. ,e Address i _ , ' 1 5 Le (/0 4. 4 4• 4A _ / / , / & V ITIM P Z ; i o ‘ C AL P; , _/ `N Ca I �L .1�, r - ' L.._.dA 414 4 )4 . , I �'� / loir-4,, .1.--lk 1i )--a ► �i e f,,� fti,c r )01 P/ la( _:7_ e ', ri 4►-! � ,1" ('� ,c3 G lopiriWM-4 e.t.-o-&-ez- r AZ I r.s ma rir I 1 111 I I I Mil ENIA I Vag' i C 1 t.,x 7e 0 _ • r r Ballenlsles West Out-Parcel Agenda Item#IX, Part 11, a Ordinance#15,2009 April 2, 2009 1st Reading - Proposed Amendment to the City's Future Land Use Plan Map designating 7.31 acres, more or less, as PO-Professional Office for property located at the Southwest corner of the intersection of PGA Boulevard and Ballenlsles Drive. I am a resident of Ballenlsles, and I am here to support the position of the Ballenlsles Community Association,to oppose the proposed application for an amendment to the Future Land Use Plan designation for the above referenced petition. Name T Address .7 76, ff G� �° 30 ,fS 1 b=� /(i go _ /1 Sc i3 -3o 1* J‹ Au /, - /7 A. `y f O�'Q00O 1 502903PE040291 FME ' 0 B E. N.°' '�� 04-06-09A11 : 39 RCVD BALLENISLES Ballenlsles Community Association,Inc. 303 Ballenlsles Drive Palm Beach Gardens,FL 33418 561-625-5724 Fax: 561-625-2621 MEMORANDUM To: Ms. Patty Snider, PBG City Clerk it(--- From: June Henig, Ballenlsles Community Association Executive Assistant Date: April 6, 2009 Re: Additional Sign-In Sheets from April 2, 2009 City Council Meeting Attached please find two additional sign-in sheets from the Ballenlsles Residents from the April 2, 2009 City Council meeting. Please add these two sheets to the sheets you have already received. These two pages were inadvertently stuck between blank sheets and were found over the weekend. If you have any questions, please let me know. Thank you. Ballenlsles West Out-Parcel Agenda Item #IX, Part II, a Ordinance#15,2009 April 2, 2009 1st Reading - Proposed Amendment to the City's Future Land Use Plan Map designating 7.31 acres, more or less, aS P0-Professional Office for property located at the Southwest corner of the intersection of PGA Boulevard and BallenIsles Drive. I am a resident of Ballenlsles,and I am here to support the position of the Ballenlsles Community Association,to oppose the proposed application for an amendment to the Future Land Use Plan designation for the above referenced petition. N-4 a Address 1 14 . 1 )4> C P6 cat ia v-r -e_ 4 __ - _ _ 1 {'�F�'i0J(��- J /. i cam. • ,, !�/ /�re-01 / v . - 7 ' 41 mss: .L ,ItOrMANIVAllir' /7 l4//4' > >z,. %? -.; < ,,t74‘.. __s-e‹. // 14k ,d Ate i tow _7:AniffirmirIMAWMAI,14 Mil _ . I • $ 4 'I - / , 1)LC. A9 yL 14Gur74 r if I'°'/3G iii,- 7----- . u,6 `SINEW.M /9.7, + Zauz &_ ,)e. (7 6 6- %." t . t k 2 - 0,0-D�..�-� 9 8 a c S- Q - /o.s 1.. ) x/∎61 PG-0 10--' 1� A/1 1;ki.el.)"c"ci)---4g...CI i I J4 ifiL. it _ ilk t ; (• 4 , _ . Mli: g M_ haw_ / _ ,, Va-A veer i t L f r 0 f j 1_ PEfc5 1D z 0 l e alvca CI, 2Q1-e_.) �� \49f.-\661D IBS C tJD ' ' L 4.c. eti-r -n4 17S )lnd pA-i" F,' -'D £ , A/VAo /3 4_,¢av"/At- Cr re 6- /(d jl ! LI /7 4Qs Zd K Z i c' L\vc c, `2D _).-J I v? \ Lr\ Ballenlsles West Out-Parcel Agenda Item#IX, Part II, a Ordinance#15,2009 April 2, 2009 1 st Reading - Proposed Amendment to the City's Future Land Use Plan Map designating 7.31 acres, more or less, as P0-Professional Office for property located at the Southwest corner of the intersection of PGA Boulevard and Ballenlsles Drive. I am a resident of Ballenlsles, and I am here to support theposition of the Ballenlsles Community Association,to oppose theproposed application for an amendment to the Future Land Use Plan designation for the above referenced petition. Name Address - Q 15 l�J j/t R .Qn,Po i w�l 3 rat_k P 1 G V k� ` II, 15 a� Io c_ DA. "r 6 35(08 �1[FW Do.itp c 11 gAi -Ecor- gc.)re3=-Iv 2 p P -37 kt tr g c aL 4/c /oq city CCU AJ Ca- MttJ y pf. Aferg4 &Ply• Grer r VAIPAct..t ay (Pik. 61.o+-17 Tv coJPoi, CA 11 .Ai ry `1, e t4(Wa— .E- Gti'/ C.temc READ AT THE CITY COUNCIL MEETING OF APRIL 02,2009 Tri-Rail says there is a road problem for the new railroad station in our City. A railroad station in parcel 5A with parking space or a railroad station in parcel 5B with parking space is practical. A railroad station in the Wedge with a parking space on the east side of Alt A 1 A and a pedestrian bridge to get to the station is not practical. To improve the circulation problem in the area we believe the following could be done with finance help from the Federal stimulus plan: 1) Build a new grade crossing in parcel 5B connecting to the intersection at Alt Al A onto the loop road to PGA Blvd. That crossing was a requirement and was an FDOT plan in 10/92. To cut down on cost the FEC at-grade equipment at Kyoto Gardens Drive could be salvaged and instajed at this new crossing. 2) Because of the traffic generated from Dowif athe Gardens the Mall the future railroad station and the Hotel in parcel 5A, a grade separated crossing or overhead Highway bridge at Kyoto Gardens Drive should be built. It would be SAFE for motorists cyclists and pedestrians and NO TRAIN HORN NOISE for the area. The City says that they will ask for a QUIET ZONE at all the railroad crossings in the City. Unfortunately the Kyoto Gardens Drive at-grade crossing is UNSAFE as already mentioned by FEC in their letter of May 29, 2001 to the CITY and FDOT. Due to the end of track curve just north of Kyoto Gardens Drive and the earthen SW ramp structure, the southbound train engineer will not see soon enough if a motorist is stopped or stranded on the crossing. He would not be able to stop his train in time to avoid a collision. According to FRA rules 222.23 (a)(1)(2) the Southbound train engineer will keep the right to blow his train horn regardless if it is a QUIET ZONE or not as the situation would be consider each time an EMERGENCY for the train engineer,confirmed by FEC. The residents of Garden Woods have now the high train horn noise since November 03, 2008 of which they did not have with the EX PGA Blvd at-grade crossing. Garden Woods is the only residential area affected by this new crossing. We are hoping that the CITY and TRI-RAIL will work out a fair and permanent solution for SAFETY and TRAIN HORN NOISE and future RAIL INCREASE at Kyoto Gardens Drive. Roger Blangy, en Woods Representative on the matter 11658 Hemlock Street Palm Beach Gardens Fl 33410 Tel: (561) 622-3407 cc: Dana Little, Tri-Rail Design Director Nilsa Zacarias, City Planning Manager Enclosure: FEC letter dated May 29, 2001 FRA rule 222.23 (a)(1)(2). RECEIVED EEC CITY MANAGER'S OFFICE � Florida East Coast R AI L W A Y, L. L.C . MAY ?, 1 2001 May 29, 2001 File: 289/39/3221 PALM BEACH GARDENS: GRADE CROSSING MATTERS PROPOSED CROSSING, KYOTO GARDENS DRIVE MP 289+3,221' Mr. Ronald M. Ferris, City Manager City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410-4698 Dear Mr. Ferris: This is in response to your letter of May 17, 2001, and as a follow up to our meeting of May 11, 2001,held at the Florida Department of Transportation office, in Ft. Lauderdale, Florida. By way of this letter I am giving formal notice that the Railway is opposed to this at-grade crossing and will not approve this type of crossing at this location. First, and most importantly, the crossing would create an unsafe condition as the proposed S.W. Ramp overhead highway bridge structure and earthen ramps would impede a motorists line-of-sight when crossing, or turning from Alternate Al A, to proceed west across our tracks. Another safety concern is the physical location of the crossing. The crossing would be located at the end of a curve in our mainline track and would not give our train Engineers time to react should a motorist become stranded or stopped on the crossing. Another factor to consider is the recent signing of an operating agreement between the Railway and Amtrak. Amtrak will operate over our trackage as early as December 31, 2001, and could add as many as four trains per day at this location. This increase in rail traffic along with the projected traffic congestion in this area due to the opening of a new Movie Theatre combined with the existing traffic from the Shopping Mall, is yet another concern. As we stated at the meeting of May 11, 2001, the Railway is opposed to any new at-grade crossings. We are currently in the process of reviewing our existing grade crossing inventory for the purpose of eliminating and therefore reducing the number of crossings on our line. With each new grade crossing, track maintenance increases, another opportunity for a vehicle/train accident is created, and the Railway's liability is escalated. I believe there are several other solutions for solving your traffic congestion problems other than opening another at-grade crossing. One alternative is a grade separated crossing or overhead highway bridge. I know this is a more costly way to cross our tracks, however it would provide a safer and free flowing route for vehicular traffic in general, plus enable your Police, Fire, and Rescue personnel a direct and open route for serving the community. In our May 11, 2001,meeting, One Malaga.Street-P.O. Box 1 048• St.Augustine,FL-32085.1048 •• . 'Pale 2. Mr. Ronald M. Ferris your representative stressed the importance of this proposed crossing as a relief for PGA Boulevard traffic congestion and as a vital part of your twenty year traffic plan. I'm sure the new PGA Boulevard overpass and roadway improvements were designed to handle a significant increase in vehicular traffic, which will provide years of immediate relief from traffic congestion. The additional funding for an overhead structure at the Kyoto Drive location could then be budgeted over a five to ten year period. Another solution would be to route traffic to the north or south on Alternate AlA, over the existing grade crossings. The crossing to the north is Hood Road, Railway's milepost 288+2,230', and is 6,271' away from the location of the proposed Kyoto Gardens Drive crossing. The crossing to the south is RCA Boulevard, Railway's milepost 290+1.,305', and is only 3,364' away from the proposed Kyoto Gardens Drive crossing. Both of the crossings are in close proximity to the proposed crossing location and would provide relief for traffic congestion on PGA Boulevard. The Railway would consider coordinating the widening of Hood Road or RCA Boulevard, or other improvements you propose, that would help expedite traffic flow at either of these locations. Should you need to further discuss this matter, please call at(904) 826-2383. Sincerely, • J. L. Schonder Manager-Engineering Services cc: Mr. John D. McPherson Mr. John D. Baker Mr. Charles A. Stone Mr. Daniel P. Clark, City Engineer Mrs. Nadir Rodrigues, FDOT Mrs. Janice Bordelon, FDOT 70666 Federal Register/Vol. 68, No. 243/Thursday, December 18, 2003/Rules and Regulations (2) High speed ground transportation under 49 U.S.C. 21311.Appendix G locomotive enters the crossing,but in no systems that connect metropolitan areas, contains a schedule of civil penalty event shall a locomotive horn sounded without regard to whether those systems amounts used in connection with this in accordance with paragraph(a)of this use new technologies not associated part. section be sounded more than one- with traditional railroads;but does not quarter mile(1,320 feet) in advance of include rapid transit operations in an 4 222.13 Who Is responsible for the nearest public highway-rail grade compliance? urban area that are not connected to the crossing. Any person, including but not limited general railroad system of to a railroad,contractor for a railroad,or `^4 222.23 How does this regulation affect transportation. a local or State governmental entity that sounding of a horn during an emergency Relevant collision means a collision at g Y g g ro cy or performs any function covered by this other situations? a highway rail grade crossing between a train and a motor vehicle,excluding the part,must perform that function in (a)(1)Notwithstanding any other following:a collision resulting from an gccordance with this part. provision of this part,a locomotive activation failure of an active grade 1222.15 How does one obtain a waiver of engineer may sound the locomotive crossing warning system;a collision in a provision of this regulation? horn to provide a warning to vehicle which there is no driver in the motor (a)Except as provided i operators,pedestrians,trespassers or in paragraph crews on other trains in an emergency vehicle;or a collision in which the ee (b),two parties must jointly file a situation if,in the locomotive engineer's highway vehicle struck the side of the petition(request)for a waiver.They are sole judgment,such action is g train beyond the fourth locomotive unit the railroad owning or controlling appropriate in order to prevent or rail car. operations over the railroad tracks p Supplementary sae measure(SSM) imminent injury,death or property PP m'3' f tY crossing the public highway-rail grade e means a safety system or procedure crossing and the public authority which damage. established in accordance with this pail has jurisdiction over the roadway (2)Notwithstanding any other which is provided by the appropriate crossing the railroad tracks. provision of this part,including traffic control authority or law provisions addressing the establishment (b)If the railroad and the public of quiet zones,limits on the length of enforcement authority responsible for authority cannot reach agreement to file q Sth safety at the highway-rail grade a joint petition,either party may file a time in which a horn may be sounded, crossing,that is determined by the request for a waiver;however,the filing or installation ofd ayside horns within Associate Administrator to be an party must specify in its petition the ,quret zone this art does no effective substitute for the locomotive steps it has taken in an attempt to reach ti a soundtn: of to • ve orns in horn in the prevention of highway-rail agreement with the other party.The "ergency •sr u: • • - __. casualties.Appendix A to this part lists filing party must also provide the other im••-- • -:a • • • • such SSMs. party with a copy of the petition filed 1• .mo o r• ' situations. Waiver means a temporary or with FRA 1 o i mg in this part restricts a e permanent modification of some or all (c)Each petition for waiver must be use of the locomotive horn where active of the requirements of this part as they filed in accordance with 49 CFR part warning devices have malfunctioned apply to a specific party under a specific; 211. and use of the horn is required by one set of facts.Waiver does not refer to the (d)If the Administrator finds that a of the following sections of this Chapter: process of establishing quiet zones or waiver of compliance with a provision §S 234.105; 234.108;or 234.107,or approval of quiet zones in accordance of this part is in the public interest and where warning systems are temporarily with the provisions of this part. consistent with the safety of highway out of service during inspection, Wayside horn means a stationary horn and railroad users,the Administrator maintenance,or testing. Nothing in this located at a highway rail grade crossing, • may grant the waiver subject to any part restricts the use of the locomotive designed to provide,upon the approach conditions the Administrator deems horn for purposes other than highway- of a locomotive or train,audible necessary. rail crossing safety(e.g.,to announce the warning to oncoming motorists of the approach of the train to roadway approach of a train. Subpart B---Use of Locomotive Horns workers in accordance with a program adopted under part 214 of this Chapter, §222.11 What are the penalties for failure 1222.21 When must a locomotive horn be or where required for other purposes to comply with this regulation? used? under the railroad's operating rules). Any person who violates any (a)Except as provided in this part,the requirement of this part or causes the locomotive horn on the lead locomotive 4222.25 How does this rule affect private violation of any such requirement is of a train,lite locomotive consist, highway-rail grade crossings? subject to a civil penalty of least$500 individual locomotive,or lead cab car This rule does not require the routine and not more than$11,000 per shall be sounded when such locomotive sounding of locomotive horns at private violation,except that: penalties may be or lead car is approaching and passes highway-rail grade crossings. Except as assessed against individuals only for through each public highway-rail grade specified in this section, this part is not willful violations,and,where a grossly crossing. Sounding of the locomotive meant to address the subject of private negligent violation or a pattern of horn with two long,one short,and one grade crossings and is not intended to repeated violations has created an long blast shall be initiated at a location affect present State or local laws or imminent hazard of death or injury to so as to be in accord with paragraph(b) orders,or private contractual or other persons, or has caused death or injury, of this section and shall be repeated or arrangements regarding the routine a penalty not to exceed$22,000 per prolonged until the locomotive or train sounding of locomotive horns at private violation may be assessed. Each day a occupies the crossing.This pattern may highway-rail grade crossings. violation continues shall constitute a be varied as necessary where crossings (a)Private highway-rail grade separate offense. Any person who are spaced closely together. crossings may be included in a quiet knowingly and willfully falsifies a (b)The locomotive horn shall begin to zone. record or report required by this part be sounded at least 15 seconds,but no (b)Private highway-rail grade may be subject to criminal penalties more than 20 seconds,before the crossings which are located in New rc,t�- 4401 Cr py Cal AAA— ,''tre�rS �l N l , eel-7,4k 1-kekAi f. LY v t e. is divq /2t-u,AVe4-nie St Tb L44 cic T JohnC. BILLS --- Enterprises 2401 PGA Boulevard•Suite 280 Palm Beach Gardens,FL 33410 (561;627 4000•Fax 1561)694.8709 Ms Kara Irwin April 1, 2009 Growth Management Administrator City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Re: Ordinance 15, 2009 Dear Kara, We plan on asking the City Council for a continuance of our hearing on the Land Use Map Amendment for the Ballenlsles West OutParcel at the meeting Thursday night April 2°d. We will ask that the hearing be postponed until the May 7, 2009 Council meeting. I'm sorry for such late notice and any inconvenience, but we are still attempting to work out an acceptable agreement with the leaders of the Ballenlsles Homeowners Association (BICA). They are aware that we are going to ask for the postponement until May 7th and have stated that they will not object to the request. Thank you. Best regards, John Tiffany CITY OF F M BCM GDNS ?MING & ZONING DIV fl4-02-09P 1 : 19 RCVD Any information Irtven herewith ti obtained from sotur es we consider reltahlr' However,we are not ros)umsthie for misstatement,of(act,ermrs,nmssions,mot to sale.wtthdt,wal(tont market.or.haw in Oct.without netts r.. CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, altlwugh Equal Housing Opportunity is a right guaranteed to all Americans under Title VIII of the 1968 Civil Rights Law, the struggle against discrimination in lwusing continues; and WHEREAS, each year since the enactment of the National Fair Housing Act, the federal government designates April as the anniversary month of that law; as Fair Housing Month; and WHEREAS, on this 41st Anniversary, Palm Beach County is pleased to join in that designation since it provides an opportunity for all Americans to rededicate themselves to the principles of freedom of lwusing clwice and to reacquaint themselves with the rights and responsibilities that are theirs under the law; and WHEREAS, since fair lwusing is consistent with the principle of equality and justice for all -principles under which our nation was founded -we all need to share in the fight to ensure fair lwusing is a reality for all residents; and WHEREAS, the Fair Housing Center of the Greater Palm Beaches is working in partnership with Palm Beach County to educate all county residents on their fair lwusing rights and responsibilities. Attest: NOW, THEREFORE, I, Joseph R. Russo, by virtue of the autlwrity vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the month of April, 2009, as: FAIR HOUSING MONTH IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 2nd day of April in the Year of our Lo~ Two usand and Nine. 03/1 8/2009 13 :58 FA X 58 153381 83 , FHC of the Gr eater P.B. Ill 001/003 \).e-4 (Jt<. .-~L/JIJJ (. {Jy~M< jr., 1 .. p~~ r;_ tt ?f F Date: Prom: To: No.: Re: • FAIR HOUSING CENTER OF THE GREATER PALM BEACHES PAIIl HOUSING ENFoltCENBNT, EDUCATION lc: I.BGAL SUPPoRT SEaVICBS 1300 W . LAN'I'ANA RD . STE .200, LA.NTANAt JI'L . 33462 ·FAX COVER * 311 ... . Tawn at Palm llellch GanleftS, Patricia Snider, CMC, Clerk (&&1) 718-4124 2001 Nation .. Fair Housing Month Proclamation Attached is our request for a Fair Housing Month Proclamation for 2009. We proudly dis~ay our proclamations in our office year round so that all visitors will see them . Your Proclamation is an integral part of the work that we do. We thank you for your assistance! Total Faxed PlliC• _3_ iat;ludia& cover A MEMBER OF THE NATIONAL FAIR HOUSING ALLIANCE THJ1 PACSilGLR TMNIMISSION 15 INTBNDBD ONLY POa niE ADDRESSEE INDICA '11m .uovE. rr MA.Y COtn'AIN INPOIIIIATION'niAT IS PUVILEGED.OONJIIDDI'l'IAL OROTHEil.WISEKO'l'BC'l'BD ROMDlSCLOSURf'-ANY RSVIEW, ~TIONOa USEOP'IHIS~ONOa ri'SCON'I'ENnBYPP50NSOTHZa TIIANTJIEAJ)DKESSBE ,IS S'I'UC"''LY PllOHDITBD. lP YOU HAVB IUlCBI'VBD THIS PACSDCILBIN DJIOR, PUlA!£ NOTUIV US IMMEDIATELY BY TEU!JIHONEANI)JMII. TREOJHGINAL TO THEADDaESSABOVE. wwvv. fairhousingflorida.com 03/18/2009 13 :56 FAX 5615338163 FHC of the Greater P.8 . ~ 002/003 li.ltfo~--. £iiiCClNif cl t.,.l s,,,., Srmtel FAIR HOUSING CENTER OF THE GREATER PALM BEACHES IJOD RUt lAniGIHI lt•.M. s,;,, lOll •IAnlflllfl, FL JJ462 \bict: S,J.SJJ-8717 • ToU Fn': 1-877-9/o-FMR • Fu: S61-SJ3-816J r-"'•il: flrc,_J,~IIflcs.corn • wb·ril~: www.f•irflouti~t~com March 17. 2009 Mayor of the City of Palm Beach Gardens JOSOO N. Military Trail Palm Beach Gardens, FL 33410 Dear Mayor, As you know April is National Fair Housing Month and we are encouraged chat we can <:ount on your support as we ask you to enact a proclamation supporting the Fair Housing Act, just as the City of Palm Beach Gardens hu done: in the past. To help your city do it's part, we have enclosed a copy ofthe proclamation you signed in 2008 to assist you. Please note the chanaes that will need to be mtde on chis year's proclamation: • This year iJ the 41st Anniversary of the Signing of the Fair Housing Act • The date needs to be ~ged from April 2008 to Aprill009 We will be oclcbratins the 4t• Annivcrsat)' of the historic passage of the federal Fair Housing Act of 1968. As President/CEO of the Fair Housing Ceotcr of the Greater Palm Beaches. Inc. and a member oftbe Palm Beach COUilt)' Commission on AfFordable Housing (CAH). I know that the American Dream of Home Ownership and Self Sufficiengy cannot be accomplished without your support. If you have any questions please don't hesitate to contact Janice Spazante, Administrative AssiSWlt at (561) 533-8717. Yours in Fair Housing, Vince L. Larttins President & CEO A MEM11F.R OF THF. NAT{()NAI. FAIR HOVSTN(; AU.IANCT: 03/1 8/2009 13 :5 6 FAX 5 6 15338163 FHC of the Greater P.B. Ill 00 3/00 3 ' . . r t :· CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, althD14h Equ.CJl Housing Opportunity is a right gu,oron.tad to all Americans under Title VIO of the 1968 Civil Rights Law, the struggle against diicrimination in housing contin.ues; cmd WHEREAS. each year since the enactment of the National Fair Housing Act, th8 federal government designates April as the e&n.rltueJ"SGG)' month of that law; as . Fair Housing Month;~~ WHEREAS, on this 'filA AnniveTSar)', PcJlm &ach County is pleased to join in that desigrcation since it prouides an. opportun.ity for all Amerimns to redsdicate themselves to the prir&cipla of (rwdom of housing choice or&d eo reacquaint themselves with the rights and responsibilities that CJ1'! theirs under the law,· and WHEREAS, since {air lwusin6 is consistent with the p,.Wiple of equality and iJUtiee for all -principles under which our nation UJCJB foun/JJ!d -r.ue all need to · share in. the fight to ensure fa,i,r housing is a reality for all residenls,· and · · =t ,. WHEREAS, the Fair Housing Center of &he GJ'f!Gter Palm Beod&es is workintr in -~ ~ ~ · · partnership with Palm. Beach O»unt, to edumte all county residen.ts on. their (rJi,r . : ' housing rights and 'f'a.POIISibiliti.a. ·' ·, '.· NOW, TBEREFOM I. Eric Jablin.. by v~ of the authority vested in me CJB .:t~·. · Mayor of the of Palm .&at;h Gardens, FloridG, do hereby proclaim the month .. .-· of April, .· ' . .. ... .,...,. ~-:-} FAIR HOUSING MONTH 111 WITNESS trllERBO.ll', I how MNUftlo _, ·~ 1aaiNl _., aiiMH 11M s..l of alae Cia;, •I PtJ1a Beacr. ~ .P'JoridGi ~ta h ,..,_on IAi. .,.., -, of A,Jril in tlw F...-of ... ,. l..Dr4 ftlo ~ .,... _,., ' ·. . Attest: Patncia Snider, City Clerk, CMC .. ~ '• .. ·. .. ~: . · . . , .....