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Agenda Council Agenda 061809
anti CITY OF PALM BEACH GARDENS 0,1,,‘ palm Beach Gardens COUNCIL AGENDA ,�- F�o�; t r ; - June 18, 2009 7:00 P.M. - Mayor Russo 7 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: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA:. a. (Staff Report on Page 4, Resolution on Page 6) Resolution 51, 2009 - Purchase award to Wesco Turf, Inc. A Resolution of the City Council of City of Palm Beach Gardens, Florida approving a purchase award for Lawn and Field Equipment in an amount of $88,495.59 with Wesco Turf, Inc. via an existing State of Florida Contract (No. 515-630-06-01); providing an effective date; and for other purposes. IX. PUBLIC HEARINGS: Part I— Quasi-judicial a. (Staff Report on Page 20, Resolution on Page 46) Resolution 47, 2009 - Gardens Commerce Center PUD. A Resolution of the City Council of City of Palm Beach Gardens, Florida approving the conversion of 9,187 square feet of existing light industrial space to general office, the addition of seven (7) parking spaces, and removal of two (2) previously-approved loading zones for the Gardens Commerce Center Planned Unit Development (PUD), as described more particularly herein; providing conditions of approval; providing an effective date; and for other purposes. b. (Staff Report on Page 62, Resolution on Page 96) Resolution 50, 2009 - CVS miscellaneous signage petition. A Resolution of the City Council of City of Palm Beach Gardens, Florida approving an amendment to the Sign Program to relocate signage for the outparcel building of the Prosperity Center Planned Unit Development (PUD), generally bounded by PGA Boulevard to the North, Prosperity Farms Road to the West, and Kidd Lane to the East, as described more particularly herein; providing an effective date; and for other purposes. c. (Staff Report on Page 109, Ordinance on Page 147) Ordinance 20, 2009 — (lst reading) Deannexing from the City of Palm Beach Gardens. An Ordinance of the City Council of City of Palm Beach Gardens, Florida, contracting the City's Municipal boundaries by deannexing a parcel of real property comprising a total of 61.9 acres, more or less, located on the North side of Northlake Boulevard approximately one-half (1/2) mile West of the intersection of Northlake Boulevard and Coconut Boulevard, as more particularly described herein; amending Article II of the City Charter to redefine the corporate limits; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. Part II—Non-Quasi-iudicial a. (Staff Report on Page 151, Ordinance on Page 153) Ordinance 19, 2009 — (2nd reading and adoption) Budget amendment. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach Gardens' budget for the fiscal year beginning October 1, 2008, and ending September 30, 2009, inclusive; providing a conflicts clause and a severability clause; providing an effective date; and for other purposes. X. RESOLUTIONS: XI ORDINANCES: (For Consideration on First Reading) XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: a. (Page 158)Permanent & Temporary Banner Criteria. XIII. CITY ATTORNEY REPORT: XIV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk's Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: May 20, 2009 Meeting Date: June 18, 2009 Resolution: 51, 2009 Subject/Agenda Item: Purchase award to Wesco Turf, Inc. in the amount of $88,495.59 for Lawn and Field Equipment via Florida State Contract No. 515-630-06-1. [X] Recommendation to APPROVE j ] Recommendation to DENY Reviewed b, Originating Dept.: Costs:588.495.59 Council Action: (Total) Charlotte Presensky Public Facill lies Director City Attorney "`^ S Z2/0 [ ]Approved Corn ni Services Department ckihie 4)415111f $88.495.59 [ ]Approved w/ Finance Administ : o Current FY conditions [ ] Denied Advertised: N/A Funding Source: [ ]Continued to: Date: [ ]Operating Attachments: Paper: [ ]Other • Resolution 51,2009 • Exhibit A:Wesco Quote • Exhibit B:State Contract No.515- 630-06-1 Submitt d by: [X]Not Required Jack D ghne Community Services Administrator Department Administrator Affected parties Budget Acct.#: [ ] None Appro y: [X Notifi 001.2080.519.6400 City Manage [ ]Not required Date Prepared: May 20, 2009 Meeting Date: June 18, 2009 Resolution: 51, 2009 BACKGROUND: The City of Palm Beach Gardens Parks Division operates from lam to 10pm seven days per week in order to serve the public and provide clean, quality and safe park facilities. In order to meet the demands these hours place, the City must have park and field equipment that operates efficiently and effectively. The current lawn and field equipment has reached the end of its useful life and is in need of replacement. Staff recommends the purchase of five (5) pieces of equipment to assist in keeping City park grounds maintained and aesthetically pleasing to the public. The recent renovation of PGA National Park has increased the need for the Toro Groundsmaster 3505-D rotary mower for use on the 10.5 acres of sports turf. The two (2) Infield Pro 5040 field draggers with attachments will be used on our 17 infields that are maintained as part of the Parks Division operation. The clay infields are required to be dragged and groomed on a daily basis in-season to maintain a consistent and even playing surface limiting the potential of uneven bounces, which lead to participant injury. Field draggers are operated on a daily basis in-season and a minimum of four (4) days per week out-of-season. The two (2) utility vehicles provide diverse uses in the various park sites. The Toro Workman MDE Mid-Duty Electric Utility Vehicle is an electric operated vehicle that will provide staff access around park sites while being environmentally friendly and reduce fuel consumption. The Toro Workman Utility Vehicle has a full dump bed and will be utilized for diverse tasks such as picking up trash, tree debris, transporting material, and staff movement. Wesco Turf, Inc. is a supplier for Toro Equipment. The Toro Company is an industry-wide leader and respected manufacturer of Lawn and Field Equipment. Currently, our equipment fleet has several pieces of Toro equipment and its durability and performance are crucial to our daily operation. Purchasing equipment from the same manufacturer reduces the need to keep replacement parts from different manufacturers on hand. The equipment would be purchased via Wesco Turf, Inc.'s existing contract with the State of Florida (No. 515-630-06-1) for Lawn and Field Equipment in the amount of $88,495.59. Funding for this purchase is provided by the General Fund (Budget Book page 199). The equipment comes with a two-year limited warranty and a four-year or 2400- hour comprehensive maintenance plan. Preventive maintenance will be conducted as part of the Fleet Small Engine Repair program. Additionally, the equipment will be placed in the Public Works Fleet Division Amortization program, whereby the equipment will be replaced through the Fleet fund at the end of its life cycle. STAFF RECOMMENDATION: Approve Resolution 51, 2009 as presented. 1 2 RESOLUTION 51, 2009 3 4 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 6 BEACH GARDENS, FLORIDA APPROVING A PURCHASE AWARD 7 FOR LAWN AND FIELD EQUIPMENT IN THE AMOUNT OF 8 $88,495.59 WITH WESCO TURF, INC. VIA AN EXISTING STATE OF 9 FLORIDA CONTRACT (NO. 515-630-06-1); PROVIDING AN 10 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 11 12 13 WHEREAS, the City wishes to purchase replacement lawn and field 14 maintenance equipment from Wesco Turf, Inc. for the purpose of maintaining park 15 grounds in areas throughout the City of Palm Beach Gardens; and 16 17 WHEREAS, Section 2-294 of the City Code of Ordinances permits the City to 18 "piggyback" an agreement awarded by another governmental agency pursuant to a 19 competitive sealed bid; and 20 21 WHEREAS, the City has received a quote from Wesco Turf, Inc., a copy of which 22 is attached hereto as Exhibit "A"; and 23 24 WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in 25 the best interests of the citizens and residents of the City of Palm Beach Gardens to 26 award this purchase to Wesco Turf, Inc. based on an agreement executed by the State 27 of Florida effective May 17, 2006, a copy of which is attached hereto as Exhibit "B"; and 28 29 WHEREAS, based on the recommendation of City staff, the City wishes to award 30 a purchase to Wesco Turf, Inc. to provide such equipment. 31 32 33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 34 OF PALM BEACH GARDENS, FLORIDA that: 35 36 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 37 38 SECTION 2. The City Council hereby awards a purchase of lawn and field 39 equipment to Wesco Turf, Inc. in the amount of $88,495.59 based on State of Florida 40 Contract No. 515-630-06-1. 41 42 SECTION 3. This Resolution shall become effective immediately upon adoption. 43 44 45 46 Resolution 51,2009 1 PASSED AND ADOPTED this day of , 2009. 2 3 4 CITY OF PALM BEACH GARDENS, FLORIDA 5 6 7 BY: 8 Joseph R. Russo, Mayor 9 ATTEST: 10 11 12 BY: 13 Patricia Snider, CMC, City Clerk 14 15 16 APPROVED AS TO FORM AND 17 LEGAL SUFFICIENCY 18 19 20 BY: 21 R. Max Lohman, City Attorney 22 23 24 25 VOTE: AYE NAY ABSENT 26 27 MAYOR RUSSO 28 29 VICE MAYOR LEVY 30 31 COUNCILMEMBER JABLIN 32 33 COUNCILMEMBER BARNETT 34 35 COUNCILMEMBER PREMUROSO 36 37 38 39 40 41 42 43 44 45 46 47 G:\attorney_share\RESOLUTIONS\2009\resolution 51 2009-wesco turf agmt for Lawn Equipment.docx 2 Resolution 51,2009 EXHIBIT "A" 009.05.28 07:41 » 561775 1000 P 212 40C1111311. 1301 M.W.TM lint) STREET/DCCfiriELD REACH.FL 33442 TEL:((!54)420.3200•FAX (154)360.7657 Quotation Provided for City of Palm Beach Gardens May 28, 2009 Qty. Model# Description Unit Price 1 ea 07363 Toro Workman 3100 Heavy Duty Utility $19,043.00 Vehicle with - Full Dump Bed - 23 HP Kohler Engine - 2 Year Limited Warrant Florida State Contract Discount (3,999.03) Subtotal $15,043.97 Toro Promotional Discount (1,113.97) • Total S13,930.00 1 ca I C433 ITPP 48 Month/2,400 Hrs. Comp. Plan 615,00 Grand Total $14,545.00 Pricing per Florida State Contract #515-630-06-1 Effective: 5/17/06—8/16/09 Note: Y Issue purchase order to Wesco Turf, Inc _Y Shipment and service via Hector Turf _ Provided by: Chris Fordney (954)429-3200 • itedor 1301 N.W.THIRD STREET/DEERFIELD BEACH, FL 33442 TEL:(954)429-3200•FAX:(954)360-7657 Quotation Provided for City of Palm Beach Gardens May 14,2009 Qty. Model# Description Unit Price 1 ea 07299 Toro Workman MDE Mid-Duty Electric $11,629.00 Utility Vehicle with: - 48 Volt System - 1200 LB. Capacity - 2 Year Limited Warranty 1 ea 07263 Electric Box Lift 646.00 Subtotal $12,275.00 Florida State Contract Discount (2,577.75) Total $9,697.25 Parts & Accessories 1 ea 115-7827 Horn Kit 39.98 1 ea C434 TPP 48 Month/2400 Hrs. Comp. Plan 656.00 Grand Total $10,393.23 Pricing Per Florida State Contract #515-630-06-1 Effective 5/17/06 -8/16/09 Note: ➢ Issue purchase order to Wesco Turf, Inc > Shipment and service via Hector Turf Provided by: Chris Fordney (954)429-3200 I:Odor 1301 N.W.THIRD STREET/DEERFIELD BEACH, FL 33442 TEL:(954)429-3200•FAX:(954)360-7657 Quotation Provided for City of Palm Beach Gardens May 14,2009 Qty. Model# Description Unit Price 1 ea 30826 Toro Groundsmaster 3505-D Fine Cut $33,270.00 Rotary Mower with: - 35 HP Diesel Engine - 72" Cutting Width - 2 Year Limited Warranty Florida State Contract Discount (6,986.70) Subtotal $26,283.30 Toro Promotional Discount (2,994.30) Total 23,289.00 1 ea SG-UN-TR Sunguard Canopy Top 295.00 1 ea C481 TPP 48 Month/ 2,400 Hrs. Comp. Plan 1,258.00 Total $24,842.00 Pricing Per Florida State Contract #515-630-06-1 Effective 5/17/06-8/16/09 , Note: ➢ Issue purchase order to Wesco Turf, Inc ➢ Shipment and service via Hector Turf Provided by: Chris Fordney 954-429-3200 tOdor 1301 N.W.THIRD STREET/DEERFIELD BEACH, FL 33442 TEL:(954)429-3200•FAX:(954)360-7657 Quotation Provided for City of Palm Beach Gardens May 14,2009 Qty. Model# Description Unit Price Extension 2 ea 08705 Toro Infield Pro 5040 $17,455.00 $34,910.00 2 ea 08712 Front Lift Frame ASM 1,567.50 3,135.00 2 ea 08713 Flex Blade 897.00 1,794.00 2 ea 08731 Mid-Mount ASM 1,281.00 2,562.00 2 ea 08734 Solid Tine Toolbar 847.50 1,695.00 2 ea 08751 Tooth Rake 1,291.50 2,583.00 Subtotal $23,339.50 $46,679.00 Florida State Contract Discount (4,901.30) (9,802.60) Total $18,438.20 $36,876.40 Parts& Accessories 2 ea 108-8496 Leveling Blade 304.48 608.96 2 ea _ C433 48 Month or 2400 Hrs Comprehensive Plan 615.00 1,230.00 Grand Total I $19,357.68 $38,715.36 Pricing per Florida State Contract #515-630-06-1 Effective: 5/17/06—8/16/09 Note: ➢ Issue purchase order to Wesco Turf, Inc > Shipment and service via Hector Turf Provided by: Chris Fordney (954)429-3200 Resolution 51,2009 EXHIBIT "B" /I - : : ; . : •. .. ervices April 30,2009 MEMORANDUM NO.: (515-630-06-1)-15 TO: User Agency FROM: Director,State Purchasing SUBJECT: Contract No.515-630-06-1 Title:Lawn Equipment The contract has been renewed for a three month period from May 17,2008 through August 16,2009. Any questions or problems in delivery or service that may arise regarding this contract should be directed to Mina Barekat at(850)488-1985, mina.hare1;:at0;dins.lutloricia coin. MEB/mb We serve those who serve Florida. , Division of State:P►rchasin 4050 Espla nadeWay Su to 360 o .e::0:E1+A lt7 M k 7` C�:i~i �►e 0:E1 A NT TaAahassel.Florida:3239�q95 'lfsi£#56.46140 .:.r :i Fayc-.4„t. . ( 'no to Cr,t `. se etaty,l ricia.H South October 2,2008 MEMORANDUM NO.: (515-630-06-1)-14 • TO: User Agency FROM: Director,State Purchasing SUBJECT: Contract No. 515-630-06-1 Title: Lawn Equipment • Wesco Turf Supply, Inc. &Wesco Turf,Inc.have been merged into a single company,Wesco Turf, Inc. • Effective October 2,2008,this contract is revised to replace Wesco Turf Supply, Inc.with Wesco Turf, Inc.The Ordering Instructions,Authorized Servicing Dealer List and Price Sheets are revised to reflect this change. Any questions or problems in delivery or service that may arise regarding this contract should be directed to Mina Barekat at(850)488-1985, mina.barekat@dms.myflorida.com. • MEB/mb • We serve those who serve Florida. Lawn Equipment/State Term Contracts/State Contracts,Agreements and Price Lists/V... Page 1 of 3 Rate this Contract View Survey Results Contract Name: Lawn Equipment Contract Number: 515-630-06-1 Effective Dates: 05/17/2006 through 05/16/2009 When Issuing a purchase order use commodity class: 515 _ . Price Sheets &lens Company (Gravely) Excel InclustrlesInc., dba as Hustler Turf equipment,Inc._(Hustler Turf) Florida Outdoor Equipment(Scag,_ECHO„ Billy_Goat) Gulf Coast Tractor & Equipment (Kubota Except for Kubota F Series) John_Deere Company.- A Division of Deere & Companyllohn Deere) Kilpatrick Turf (Jacobsen Golf & Turf Products) ( - Kilpatrick Leasing Price (Jacobsen Golf &.Turf Products) Live Da_k Lawn Supply Inc. (GrasshopPeri Magic Circle Corporation, (Dixie Chopper) MTD Cons_u_mergoo 71Cub Cadet). Sarlo_Power Mowers, nc._(Sarlo) Stihl Southeast, In_c___(Stlhi) Triple D Equipment Inc. (Kubota.F. Series) Vermeer aoutheast Sales & Service,_ Inc. (Vermeer) Wesco Turf Supply, Inc. (Toro) Contractors Ariens_Company-Gravely Excel Indu_stries„ Inc., ba as Hustler Turf Equipment Inc. Florida_Outclow eeeeeeeeeee Gulf Coast Tractor_fic Equipment CAI John Deere CPmiany ,- A Division_of Deere & Com_pany Kilpatrick Turf Live Oak Lawn Sup_ply Inc. Magic Circle Corp_oration, Dixie. Chop_per MTD_Sonsumer Gr_ogp - Cub Cadet Sarlo Power Rowers, Inc. Stihl_Southeast, http://dms.myflorida.com/businessoperations/state_purchasing/vendor_information/state_c... 9t2/2008 Lawn Equipment/State Term Contracts/State Contracts,Agreements and Price Lists/V... Page 2 of 3 Triple D Equipmenti_Inc. (A) VermeerSoutheast Sales & Service, Inc. Wesco Turf Supply, Inc. Amendments Complete Contract Microsof_tVtord PDF MyFlorldaMarketPlace Users Contract Administrator(s): For further information please contact a contract administrator: Mina Barekat • Telephone:850-488-1985 • EmaII:mJna.barekat@drpsm yffprjda.co m 09/02/2008 Lawn Equipment • Price Sheets - Ariens Company (Gravely) • Price Sheets - Excel Industries, Inc., dba as Hustler Turf Equipment, Inc. (Hustler T_u_if) • Price_ateets - Florid_a lautclOQr Equipment (Scag, ECHO, Billy Goat) • Price Sheets - Gulf Coast Tractor & Equipment_ficubota Except for Kubota F Series) • Price Sheets - John Deere Comp_any - A Division of Deere & Company Ciohn Deere) • Price -Sheets - Kilpatrick Turf (Jacobsen Golf & Turf Products) • Price Sheets - Kilpatrick Leasing Price. Jacobsen Golf & Turf Products) • Price Sheets - Live Oak Lawn Supplyinc._(Gro_shopper) • Price Sheets - Magic Circle Corporation, (Dixie Chopper) • Price Sheets - MTD Consumer Group (Cub Cadet) • Price Sheets - Sarlo Power Mowersjnc. (Sarloj • Price Sheets - Stihl Southeast, Inc (Stihlj • Price Sheets - Triple D Equipment Inc. LKubota F Series) • Price Sheets - Vermeer Southeast $ples & Service, Inc, (Vermeer) • Price_Sheets Wesco. Turt5upply,_ ITOr0) http://dms.myflorida.com/businessoperations/state_purchasing/vendor information/state c... 9/2/2008 Contractors-Wesco Turf Supply,Inc./Lawn Equipment/State Term Contracts/State C... Page 1 of 6 Rate this Contract View_ u vey Res_ults Wesco Turf Supply, Inc. CONTRACTOR: Wesco Turf Supply, Inc. Federal ID Number: 52-2120964 Bid/Contract Administration Name: Donna Phillips Title: Commercial Sales Coordinator Street Address: 300 Technology Park City, State, Zip: Lake Mary, FL 32746 E-mail Address: clonna.phiili..ps wtsu,pply.com Phone Number(s): 407-333-3600, 800-393-3366 Fax Number: 407-333-9246 Direct Orders ALL ORDERS ARE TO BE SENT THROUGH THE DEALERS LISTED BELOW Street Address or P.O. Box: 300 Technology Park City, State, Zip: Lake Mary, FL 32746 Phone Number: 407-333-3600 Toll Free Number: 800-393-3366 Ordering Fax Number: 407-333-9246 Internet Address: www.wescoturf. com. Federal ID Number: 52-2120964 Remit Address: 300 Technology Park http://dms.myflorida.com/business operations/state_purchasing/vendor information/state_c... 9/2/2008 Price Sheets-Wesco Turf Supply,Inc.(Toro)/Lawn Equipment/State Term Contracts/... Page 1 of 3 • Rate this Contract View Survey Results Wesco Turf Supply, Inc. (Toro) Wesco Turf Supply, Inc. Lawn Equipment, ITB No. 212-515- 630-M Item THE TORO COMPANY &Wesco Discount Price Price No. Turf Supply % from Sheet ID Sheet MSRP No. Effective Date 1 EQUIPMENT: (Describe 21% 2008 Aug 1, Below) _MSRP 2008 TORO COMMERCIAL PRODUCTS ACCESSORIES: 21% PARTS: 0% 2 EQUIPMENT: (Describe 31% 2008 Aug 1, Below) MSRP 2008 TORO LANDSCAPE CONTRACTOR EQUIPMENT (LCE) ACCESSORIES: 31% PARTS: 0% 3 EQUIPMENT: (Describe 23% 2008 Aug 1, Below) MSRP 2008 TORO PRO LINE PRODUCTS ACCESSORIES: 0% PARTS: 0% 4 EQUIPMENT: (Describe 21% 2008 MSRP Aug 1, 2008 Below) TORO DINGO PRODUCTS ACCESSORIES: 21% PARTS: 0% http://dms.myflorida.com/business_operations/state.purchasing/vendor nformation/state c... 9/2/2008 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 18, 2009 PUDA-09-03-000020 Resolution 47, 2009 SUBJECT/AGENDA ITEM Resolution 47, 2009: Gardens Commerce Center PUD Amendment Consideration for Approval: A request from Dan Cecil, on behalf of Riverside Development Company, LLC, to approve the conversion of 9,187 s.f. of existing light industrial space to office space, addition of seven (7) parking spaces, and removal of two (2) previously approved loading zones in the Gardens Commerce Center Planned Unit Development (PUD). The existing site is approximately 4.45 acres, and is located on the west side of Riverside Drive approximately 300 feet south of Burns Road. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by Originating Dept.: FINANCE: CC Action: Growth Management: [ ]Rec.approval Ci A Project 0, Finance Administrator: [X] Rec. app.w/conds. //� Manager lW N/A [ ] Rec. Denial f- Kate Wilson R. ax ohman, Esq. Allan Owens [ ] Continued to: Planner Development Compliance: Planning 4:73. Senior Accountant: Manager Bahareh K. Wolfs,AICP Natalie Wong, AICP Tresha Thomas [X] Quasi—Judicial Fees Paid: [X] Yes Growth Management [ ] Legislative Adm. istrator: [X] Public Hearing Budget Acct.#: Attachments: Advertised: N/A • Project Narrative Kara L. Irwin,AICP • Location Map [X] Required • Kimley-Horn Traffic A roved B [ ]Not Required Equivalency Statement PP y: • Advertisement City Man.: / • . `fed: • Resolution 47,2009 4.f , June 3, 2009 • City Equivalency _ • Approval Ronald . Fen-. Affected Parties: • Development Plans [X] Notified [ ]Not Required sa • Meeting Date:June 18,2009 PUDA-09-03-000020 Resolution 47,2009 Page 2 of 7 BACKGROUND On March, 1, 2007, City Council adopted Ordinance 7, 2007, and Resolution 18, 2007, to rezone a 4.45 acre parcel to a PUD with an underlying zoning of Light Industrial (M-1A). The PUD was approved to include three (3) buildings consisting of 41,557 square feet of light industrial use and 27,718 square feet of accessory professional office. This project was accepted into the Targeted Expedited Permitting Program (TEPP) on December 5, 2006, because the company had the capability of creating at least 50 value added employment positions in the City of Palm Beach Gardens within its first two (2) years of operation. Subsequent to this approval a number of amendments have occurred. The following is a summary of those amendments: • On August 16, 2007, City Council adopted Resolution 74, 2007, approving the master signage program for the Gardens Commerce Center PUD. • On April 25, 2007, ADMN-07-04-000128 was approved to allow minor site, landscape, and architectural plan modifications due mainly to construction related issues. • On February 21, 2008, City Council adopted Resolution 13, 2008, approving the Gardens Commerce Center Plat. • On March 24, 2008, ADMN-08-02-000205 approved a Metes and Bounds subdivision that created one (1) lot within Building#1 (Lot 3), three (3) lots within Building#2, (Lots 1, 2A and 2B) and seven (7) lots within Building#3 (Lots 4A through 4G). • On September 17, 2008, ADMN-08-04-000218 was approved, which altered the previously approved metes and bounds by adding the parking area between Building #1 and Building#2 to Lot 2B. See Figure 1. The subject petition proposes to convert 9,187 square feet of light industrial space to office, add four (4) parking spaces and convert two (2) loading zones to three (3) parking spaces, providing a total of seven (7) additional parking spaces to accommodate the additional office space. It is important to note that this petition is modifying already built conditions. An administrative petition requesting to alter the approved Metes and Bounds is currently being reviewed by the Growth Management Department. The proposed Metes and Bounds subdivision is contingent upon the approval of the subject petition and would: (1) combine the existing three (3) lots within Building #2 into one (1) lot, known as Lot 1; (2) less out the parking area of Lot 2B to become common area within the PUD. See Figure 2. Meeting Date: June 18,2009 PUDA-09-03-000020 Resolution 47,2009 Page 3 of 7 Figure 1: Existing Metes and Bounds ante i s 22.23: LOT 41 C~: SHEETS 24-25: LOT 4F �G S L 4( L_%L �I 1 Fpm SHEETS HEETS 25-27:2836: COMOT MI COMMON � e m v AREA COMMON AREA T HOMPSON R/VER dF°t 7 ., Figure 2: Proposed Metes and Bounds SHEETS 24-32: COMMC Q L� 3 oP COMMON sr sr 't dvv v AREA COMMON AREA THOMPSON RIVER LAND USE & ZONING The subject site has a future land use designation of Industrial (I) and an underlying zoning designation of Light Industrial (M-1A) with a PUD Overlay. (The remainder of this page left intentionally blank) Meeting Date: June 18,2009 PUDA-09-03-000020 Resolution 47,2009 Page 4 of 7 Table 1. Existing Zoning Land Use Designations EXISTING USE ZONING LANDUSE Subject Property PUD/M-1 A I—Industrial Gardens Commerce Center North N-PBC Surgery Center PUD/PO PO—Professional Office Office/Manufacturing Services M-1 A I—Industrial South RL-3 RL—Residential Low Plat 5 Residential East Plat 7, Business Center at the M-1A I—Industrial Gardens West RA CO AMO, Inc. M1 I—Industrial Interstate Highway 95 TRAFFIC CON CURRENCY Gardens Commerce Center received traffic concurrency from Palm Beach County Traffic Division for 69,300 square feet of Light Industrial use. A traffic equivalency was submitted as part of the subject petition to allow the conversion of 9,187 square feet of office space. The equivalency was approved by the City's traffic consultant on April 22, 2009 (see attached Equivalency Approval Letter). PROJECT DETAILS Site The 4.45 acre site is located on the west side of Riverside Drive, east of I-95, north of Plat 5 and approximately 300 feet south of Burns Road. The site includes 69,295 square feet of light industrial and accessory office uses, all of which have been constructed. The subject petition is requesting to alter the approved square footages by converting 9,187 square feet of existing industrial use to office. If approved, the PUD would contain 60,108 square feet of light industrial and 9,187 square feet of office. Site Access Two (2) access points exist on the subject site off of Riverside Drive. The vehicle circulation is a "Looped System", meaning that users, and more importantly emergency service vehicles, may proceed efficiently through the site without having to do a three-point turn. The applicant is not proposing any changes to the existing access with this petition. Meeting Date: June 18,2009 PUDA-09-03-000020 Resolution 47,2009 Page 5 of 7 Parking Section 78-345 of the City Code requires one (1) parking space per 1,000 square feet of industrial use, one (1) space per 250 square feet of ancillary office, and one (1) parking space per 300 square feet of office use. Resolution 18, 2007, allowed the project to use 40 percent of the total 69,295 square feet of industrial use, or 27,718 square feet, as ancillary office. The ancillary office spaces were parked at one (1) space per 250 square feet. Therefore, the total required parking for the site was 153 spaces; 155 parking spaces were provided. With the subject petition, the applicant is requesting to add seven (7)parking spaces to the site to accommodate the requested 9,187 square feet of office space. Three (3) spaces will come from two non-required loading areas located in front of Building Two and four (4) additional spaces will be added at the southeast corner of the property. Additionally, through a Metes and Bounds subdivision, the applicant is proposing to eliminate Lot 2C, making the parking area part of the common area. Table 2. Parking Calculations PARKING CALCULATIONS Existingn �: Square Footage Required Provided 60% Light Industrial(1/1000) 41,577 s.f. 42 spaces 40% Ancillary'Office (1/250) 27,718 s.f. 111 spaces Total 69,295 s.f. spaces b5 spaces.. Proposed 60.44% I.ight Industrial (1/1000) '36,329 s.f. 36 spaces 39.56% Ancillary Office (1/250) 23,779 s.f. 95 spaces Office (1/300) 9,137 s.f. 31 spaces Total 69,295 s.f. 162 spaces 162 spaces Architecture The applicant is not proposing any changes to the existing architecture with this petition. Signage The applicant is not proposing any changes to the existing signage with this petition. Landscaping/Buffering The 4.45 acre site includes 66,407 square feet of open space. City Code requires 30,998 square feet. The applicant is requesting to reduce the amount of open space by approximately 627 square feet in order to add four (4) parking spaces at the southeast corner of the property. Despite the reduction in open space, the site would still exceed the required amount by 114 percent. Meeting Date:June 18,2009 PUDA-09-03-000020 Resolution 47,2009 Page 6 of 7 Phasing The improvements will be completed in one (1) phase. Drainage The applicant is not proposing any changes to the existing drainage with this petition. Waiver Requests The applicant has not requested waivers with this petition. COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) On March 24, 2009, the subject petition was reviewed by the DRC committee. To date, no objections have been received. Since then, staff has been working with the applicant to address comments related to the project through the review process. PLANNING, ZONING, AND APPEALS BOARD The Planning, Zoning, and Appeals Board (PZAB) reviewed the subject petition at a public hearing on May 12, 2009, and voted 7 to 0 to recommend approval to the City Council. STAFF RECOMMENDATION Staff recommends approval of Resolution 47, 2009, with the following conditions: 1. Prior to issuance of the first land alteration permit, the applicant shall submit signed, sealed and dated construction plans (paving/grading/drainage and water/sewer) and all pertinent calculations for review and comment. (Engineering) 2. Prior to construction plan approval, the applicant shall schedule a pre-permit meeting with City staff. (Engineering) 3. Prior to construction plan approval, the Applicant shall address the City Engineer's comment number 3(a) on a memo dated April 24, 2009, concerning the stop sign located directly south of Building#1. (Engineering) 4. Prior to beginning construction, the applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (Engineering) 5. Prior to issuance of the Certificate of Completion, the applicant shall provide one (1) complete set of as-built plans of all infrastructure elements, as approved for construction, along with; one (1) electronic copy of the documents in PDF format(conforming to the "City of Palm Beach Gardens Engineering Department Standards for Electronic Files"), one (1) Meeting Date: June 18,2009 PUDA-09-03-000020 Resolution 47,2009 Page 7 of 7 complete package of all permits and agency approvals, one (1) full set of the certified test reports, along with certification by the engineer-of-record of all improvements. The plan and electronic copy shall reflect the as-built conditions of all approved changes and modifications, of the infrastructure improvements, to the original approved plans for the development. (Engineering) 6. The applicant shall copy to the City all permit applications, permits, certifications and approvals. (Engineering) 7. The construction, operation and/or maintenance of any elements of the subject project shall not have any negative impacts on the existing drainage of surrounding areas. If, at any time during the project development, it is determined by the City that any of the surrounding areas are experiencing negative drainage impacts caused by the project, it shall be the applicant's responsibility to cure said impacts in a period of time and a manner acceptable to the City prior to additional construction activities. (Engineering) 8. The Build-out date for the use modification is December 31, 2011. (Engineering) 9. The applicant shall notify the City's Public Works Division at least ten (10) working days prior to the commencement of any work/construction activity within any public right-of-way within the City of Palm Beach Gardens. In the case of a city right-of-way, the applicant has at least five working days to obtain a right-of-way permit. Right-of-way permits may be obtained at the Building Division. Failure to comply with this condition could result in a Stop Work Order of all work/construction activity within the public right-of-way and the subject development site. (City Engineer, Public Works) Gardens Commerce Center Location Map \\\\ 1 t • • (/' \ \ 0: i �F \\im-# A 4111 . \ L__ J , ' 7;.x.,,, :URNS \ -7 1 1 ill Subject Site i I\ ll — — ' NN4( /7----- N\?e\ 1_ I 10111iiiiik li CI Ili 111111111rip *-..‘'''‘'N"\10111\ 1 r -1 man mai apt ,.4ok 0 oilk WIIIIIIIIur Ititir e , \ 'W -- ) ' Et) , lap to 41, iiik \ MIR IMIN IIIP eaf Illidliiiii 11 El 1.9. El Ii"h #*"iss n W ■ill\--I To � i � 1 0 180 360 2 ■ 1,7 ,4,,.. ii k - quo •••••�r a mi sm.. ..idra. 1 Kimley-Hom and Associates, Inc. February 17, 2009 • Revised April 3, 2009 4431 Embarcadero Drive West Palm Beach,Florida 33407 Mr. Dan Cecil Riverside Development Company, LLC Flagler Building 505 South Flagler Drive West Palm Beach, Florida 33401 Re: Gardens Commerce Center Traffic Impact Analysis 144305001 Dear Mr. Cecil: Kimley-Horn and Associates, Inc. has prepared this traffic impact statement for the above-mentioned property. The site, located on the west side of the intersection of Riverside Drive and Buckeye Street in the City of Palm Beach Gardens, Florida, is composed of two parcels: • PCN 52434207440010020 • PCN 52434207440010010 The overall site currently is developed with 69,295 square feet of light industrial use. It is desired to modify the mix of uses on site to consist of 60,108 square feet of light industrial use and 9,187 square feet of professional office use. No change in building square footage is proposed. The location of this site is illustrated in Figure 1. A site plan is also attached for reference purposes. The buildout of this changed in use is proposed to occur by 2011. Trip Generation The traffic generation potential of the site was determined using methodology according to the Palm Beach County Traffic Performance Standards Ordinance (TPSO). The data used in the analysis are the most current data available from Palm Beach County. The proposed project would generate 133 net new external daily trips, 16 net new external AM peak hour trips, and 21 net new PM peak hour trips in comparison to the existing use on site. Table 1 summarizes the calculation of the daily and peak hour trips for this scenario. Based on the net peak hour trip generation for the site (21 vehicles per hour), the maximum radius of development ' u/ence(RDI)was found to be 0.5 miles. f'f OF PALM BO GINS �UiYS APR 0 9 2009 TEL 561 845 0665 &ZONING DIV FAX 561 863 8175 i 111.11111n Kimley-Horn and Associates, Inc. Mr.Dan Cecil,Revised April 3,2009,Page 2 Project Traffic Assignment Based on a review of the travel time characteristics and complementary land uses in the project's radius of influence, it is expected that the distribution of traffic would be approximately 60% to/from the west on Burns Road, 35% to/from the east on Bums Road, and the remaining 5%on Riverside Drive north and south of the site. Volumes were assigned to the roadways in the vicinity of the site based upon this distribution. Figure 2 illustrates the project traffic assignment. TPS Analysis An analysis was undertaken to evaluate the impacts of the project with respect to the requirements of Palm Beach County's TPSO. A summary of that analysis is as follows. Test 1 Analysis Table 2 summarizes the significance determination conducted for this site. As shown in the table, none of the thoroughfare roadways within the 0.5 mile radius of this site are anticipated to be significantly impacted by project traffic; however the non-thoroughfare roadway link of Riverside Drive from the site entrance to Bums Road is anticipated to be significantly impacted. A Test 1 two-way link analysis, summarized in Table 3, was conducted for the roadway link of Riverside Drive from the site driveway to Burns Road. Volumes for this roadway were obtained from the approach and departure volumes in the June 9, 2008 turning volume count conducted by Palm Beach County. That count data was adjusted to peak season conditions using a peak season conversion factor. The analysis indicated that the link would meet Test 1 standards by the build-out year of 2011. Test 2 Analysis A Test 2 significance evaluation determined that the project's maximum impact on these roads is less than 3%; therefore, no additional Test 2 evaluation is required. The Test 2 peak hour significance analysis is shown in Table 3. Intersection Analysis Existing intersection volumes at the intersection of Riverside Drive&Bums Road were obtained from Palm Beach County and adjusted to reflect 2011 background traffic conditions. Committed volumes were obtained from Palm Beach County's TPS Database for Bums Road.Operational analyses of a.m.peak hour and p.m. peak hour conditions were performed for this intersection. The intersection analyses determined that, in 2011,the intersection is anticipated to operate below the critical volume threshold of 1,400 vehicles per hour. Driveway Evaluation Access to the site is provided through two driveways on Riverside Drive. The driveway assignment reflects the anticipated usage of these driveways. As shown in Figure 3, all of the driveways continue serve less than 500 daily trips, therefore retaining the minor driveway classification. As the roads accessed by the site are local in nature,no deceleration lanes are required. Kimley-Horn ■ and Associates, Inc. Mr.Dan Cecil,Revised April 3,2009,Page 3 Conclusion This analysis demonstrates that the proposed conversion of the existing building on site to provide 60,108 square feet of light industrial and 9,187 square feet of general office meets the requirements of Palm Beach County's Traffic Performance Standards and local City requirements. If there are any questions regarding this analysis,please do not hesitate to call. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. 1`147.". Chris opherW. HHggen, P.E. fansportation Engineer F Florida Registration Number 58636 Certificate of Authorization Number CA 00000696 CWH/gb Attachments K:\WPB_TPTO\1443\05001\Documents\traffic study 021709.doc 1 VALENCIA GARDENS AVE. 811 I- I c2141:‘ 7o m GARDENS PKWY. 1\Sl \-.Pi).k ott. to GPaV�NS _ KBD PGA BLVD. O N ` N a / a C / w FAIRCHILD AVE. cc ce U O a _ U U a PGA BLVD. _y: lL RCA BLVD. sc a a o cc Q cc Nt W N O Z 2 W °• ° a NC BURNS RD. a a N BURNS RD. w SITE ce Ir > 0 .s cc cc o F P 44,0 w a % o �� a \ HOLLY DR. 3,. • ti¢ Ci_ LIGHTHOUSE DR. . co m il 811 95 ce o • • ALT. /\ ILI FIGURE 1 GARDENS COMMERCE CENTER SITE LOCATION MAP :::1• ri Kimley-Hom NOT TO SCALE o and Associates,Inc. 144305001 C:\Oocumen(e pnd Setting.\chrie.heggan\Desktop\05001\CADD and Figures\GARDENS COUNERCE.dwq flC-I Apr 03, 2009 12:28pm by chrie.heggen TABLE 1 GARDENS COMMERCE CENTER TRIP GENERATION Land Use Intensity Daily AM Peak Hour PM Peak Hour Trips Total In Out Total In Out _ Existing Land Use Light Industrial 69,295 S.F. 483 64 56 8 68 8 60 Pass-By Light Industrial 10.00% 48 6 6 1 7 1 6 Net Existing External Trips 435 58 50 7 61 7 54 Proposed Development Light Industrial 60,108 S.F. 419 55 48 7 59 7 52 General Office 9,187 S.F. 212 28 25 3 32 5 27 Subtotal 69,295 ' 631 83 73 10 91 12 79 Internal Capture Light Industrial General Office Pass-By Light Industrial 10.00% 42 6 5 1 6 1 5 General Office 10.00% 21 3 3 0 3 1 3 Subtotal 63 9 8 1 9 2 8 Net New External Trips 568 74 65 9 82 10 71 Driveway Volumes 631 83 73 10 91 12 79 Net increase in Trips 133 16 15 2 21 3 17 Note: Trip generation was calculated using the following data: Daily Traffic Generation General Office [P.B.C.] = T=e°17*Ln(X)+3.65 AM Peak Hour Traffic Generation General Office [P.B.C.] = T=eoso•Ln(X)+L55; (88%in, 12%out) PM Peak Hour Traffic Generation General Office [P.B.C.) = T=e(174.1"(X)+133; (17%in,83%out) Kimley-Horn 4/3/2009 12:32 and Associates, Inc. c:`documents and settingsl chris.heggen\desktop105001\analysisl[gcc0209.xls)tg Copyright©2009,Kimley-Horn and Associates,Inc. I- T- 811 VALENCIA GARDENS AVE. CP t ALT. , I' A 1 fir, 'N GARDENS PKWY. d 1 \i o i t9 A\ pct. / GP�pE NS O w�Oj 5% PGA BLVD. Cif /1111111111 ce o to D w FAIRCHILD AVE. y u ` o o ec cI !'"" 7_0°— w o U U G U l� K PGA BLVD. 10% •0°� %l -i 2% _ RCA BLVD. A a 0 O O O a w O O Z 1 W M .)6 M YAK BURNS RD. O a 60% a BURNS RD. 60% w 35°� , 10% O • 'SITE IL___—__.) O Q 6 K Q NjO �Uvo 3 CI ,` PS° O 0 oP yi0 u, oO N 'Po a HOLLY DR. 1V0 - y4 o (` o,,: \° Cr M II° LIGHTHOUSE DR. V30 g o J 811 95 w U Q ALT. • )1 4 "k ❑ FIGURE 2 GARDENS COMMERCE CENTER TRAFFIC ASSIGNMENT El=/1 Kimley-Horn NOT TO SCALE o f• and Associates,Inc. 144305001 C'\Document.and Settings\Mrls.heggen\Desktop\05001\CARD and Figures\GARDENS C041MERCE.deg FIC-2 Apr 03, 2009 12:28pm by chris.heggen SIGNAL JD LOCATION DATE TIME NBU NBL NBT NBR SBU SBL SBT SBR EBU EBL EBT EBR WBU WBL WBT WBR TOTAL 15520 Burns Rd at PBG Municipal Complex 9/28/2005 3:00:00 PM 0 100 1 54 0 23 3 5 0 12 645 9 0 25 536 23 1436 15555 Burns Rd at Prosperity Farms Rd 10/5/2006 7:30:00 AM 0 169 533 18 0 30 538 224 1 205 6 126 0 11 12 39 1912 15555 Bums Rd at Prosperity Farms Rd 10/5/2006 5:00:00 PM 0 149 644 41 0 31 519 244 0 220 16 121 0 28 10 26 2049 15555 Burns Rd at Prosperity Farms Rd 2/21/2008 7:45:00 AM 0 151 530 16 0 27 518 241 1 218 12 109 0 13 9 29 1874 15555 Burns Rd at Prosperity Farms Rd 2/21/2008 4:45:00 PM 0 110 677 23 0 30 665 293 1 231 12 114 0 20 11 36 2223 15540 Burns Rd at Riverside Dr 6/30/2008 7:30:00 AM 0 76 40 66 0 34 31 52 0 152 627 84 0 68 410 39 1679 15540 Burns Rd at Riverside Dr 6/30/2008 5:00:00 PM 0 145 15 41 0 60 69 271 1 34 418 69 0 104 832 27 2086 15540 Burns Rd at Riverside Dr/West Park 9/12/2005 7:30:00 AM 0 165 35 137 0 35 36 75 0 189 873 153 0 100 532 58 2388 15540 Bums Rd at Riverside Dr/West Park 9/12/2005 4:45:00 PM 0 99 10 26 0 91 65 367 0 22 620 44 0 67 832 11 2254 15540 Bums Rd at Riverside Dr/West Park Cir 11/26/2007 7:30:00 AM 0 69 33 116 0 30 37 50 0 134 773 86 0 103 588 42 2061 15540 Burns Rd at Riverside Dr/West Park Cir 11/26/2007 5:00:00 PM 0 76 12 72 0 56 52 350 1 29 594 66 0 100 816 23 2247 15540 Burns Rd at Riverside Dr/West Park Cir 6/9/2008 7:30:00 AM 0 57 25 58 0 31 23 56 0 132 544 60 0 50 340 56 1432 15540 Burns Rd at Riverside Dr/West Park Cir 6/9/2008 5:00:00 PM 0 78 15 63 0 55 38 315 0 30 422 45 0 93 723 15 1892 15550 Burns Rd at SR 811 5/24/2007 7:30:00 AM 0 188 568 190 1 233 696 140 8 164 540 187 0 199 425 144 3683 15550 Burns Rd at SR 811 5/24/2007 4:45:00 PM 0 176 915 190 1 106 822 198 2 154 298 294 0 211 372 143 3882 28390 Business Pkwy at SR 7 9/28/2005 7:30:00 AM 0 166 981 0 0 0 1601 120 0 47 0 98 0 0 0 0 3013 28390 Business Pkwy at SR 7 9/28/2005 4:15:00 PM 0 113 1645 0 0 0 1395 105 0 149 0 201 0 0 0 0 3608 28390 Business Pkwy at SR 7 4/14/2008 9:15:00 AM 0 115 769 0 0 0 1094 148 0 101 0 101 0 0 0 0 2328 28390 Business Pkwy at SR 7 4/14/2008 4:45:00 PM 2 69 1665 0 0 0 1431 48 1 129 0 158 0 Camino Real at Camino Del Mar 0 0 0 3503 4/19/2005 7;45:00 AM 0 81 0 396 0 0 0 0 0 0 633 32 0 66 266 0 1474 Camino Real at Camino Del Mar 4/19/2005 5:00:00 PM 0 77 0 131 0 0 0 0 0 0 255 74 0 315 629 0 1481 64875 Camino Real at Powerline Rd 4/14/2005 7:45:00 AM 0 106 1391 430 0 321 810 100 0 43 30 1 0 110 41 319 3702 64875 Camino Real at Powerline Rd 4/18/2005 4:45:00 PM 0 23 1209 126 0 256 1332 42 0 117 42 33 0 389 30 357 3956 64875 Camino Real at Powerline Rd 2/1/2006 7:45:00 AM 1 68 1280 468 2 284 757 104 0 19 11 10 2 102 37 265 3410 64875 Camino Real at Powerline Rd 2/1/2006 5:00:00 PM 1 19 1184 144 5 242 1283 31 0 102 48 30 1 420 16 392 3918 64875 Camino Real at Powerline Rd 3/19/2008 8:15:00 AM 2 97 1272 370 8 263 843 136 0 39 26 20 0 100 52 224 3452 64875 Camino Real at Powerline Rd 3/19/2008 4:45:00 PM 4 44 1164 123 13 267 1464 49 1 157 47 58 1 402 52 362 4208 80400 Canal St/Ave A at Main St N 5/29/2008 7:30:00 AM 2 22 483 5 0 75 584 12 0 10 25 4 80400 Canal St/Ave 4 Ave A at Main St N 0 7 20 125 1374 4:45:00 PM 1 66 684 5 0 62 605 23 0 48 66 28 0 14 44 113 1759 80400 Canal St/Ave A at Main St S 5/29/2008 7:30:00 AM 0 38 654 21 1 15 743 8 0 15 11 36 0 60 22 54 1678 80400 Canal St/Ave A at Main St S 5/29/2008 4:45:00 PM 1 36 881 25 0 89 698 5 0 40 42 26 0 110 64 33 2050 Wednesday,January 14,2009 Page 28 of 147 Derivation of Riverside Drive Volumes AM Peak Hour o 2008 Intersection 0 Approach/Departure Volumes 26 Adjusted for Peak Season i L.. o CC 4 56 Burns Road 67 4 F— 1 1 > 64 28 65 rn v I to in PM Peak Hour 2008 Intersection m Approach/Departure Volumes 43 Adjusted for Peak Season it %- ct Burns Road 50 < 87 17 71 rn d Atju N- TABLE 2 GARDENS COMMERCE CENTER TEST 1 PEAK HOUR TRAFFIC SIGNIFICANCE ANALYSIS Roadway Existing Committed Project Traffic Project Impact 2008 Peak Hour From To Number LOS'D Number LOS'D' Percent Project Traffic % Significant Traffic Volumes_ Of Lanes Capacity Of Lanes Capadty Assignment A.M. 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TABLE 4 GARDENS COMMERCE CENTER TEST 2 PEAK HOUR TRAFFIC SIGNIFICANCE ANALYSIS Roadway Existing Committed Project Traffic Project Impact 2008 Peak Hour From To Number LOS'E' Number LOS'D' Percent Project Traffic % Significant Traffic Volumes . , ,,,..,.. ..... Of LairIa,aci Of Lanes Capadty Assignment A.M. P.M. Impact Tn A.M. 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'6'..:: - .6 .Ati''...w. iii:..'"::::.:::::':::".:':::::).:''''':::::.'" ..... ..._......................................... : ... ::::::::::,:::::: ::::::::,:::.::::::::::::::1:;: :-.......::.::..,:: :::::::::::::::.4%, ..:,...........-... ,:::::::::::::..::: :::...:::::::::.,.;"0...,...:::::.;:.;:.;::::::::::::::::::..0:::::::::::::::::::::;::::::::::'::::::::::.:::':::: ALT AlA RCA Boulevard Burns Road 4LD 3,270 4LD 3,110 10% 2 2 0.06% No Burns Road Lighthouse Drive 4LD 3,270 4LD 3,110 15% 2 3 0.09% No Holly Drive Military Trail Riverside Drive 2L 1,240 2L 1,460 1% 0 0 0.00% No Burns Road Military Trail Riverside Drive 4LD 3,270 4LD 3,110 60% 10 13 0.40% No Riverside Drive Alt AlA 4LD 3,270 4LD 3,110 35% 6 7 0.21% No Alt AlA Prosperity Farms Road _ 4LD 3,270 4LD , 3 110 10% 2 2 0.06% No Non-Thoroughfare Roadway PPP'S!".VIIII 1Gmley-Hom c:Idocuments and settingslchris.heggen\desktop105001\analysislIpcc0209.xlsit2 Ilkii...1111111/ 1 and Associates,Inc. 4/3/2009 12:33 Copyright OD 2009,Kimley-Horn and Associates,Inc. Input Data ROAD NAME: Burns Rd STATION:2305 Report Created:04/03/2009 CURRENT YEAR:2008 FROM:N Military Trl ANALYSIS YEAR:2011 TO:Midpoint(east of Military Trl) GROWTH RATE:-6.01% COUNT DATE:2/5/2008 PSF:1 Link Analysis Time Period AM PM Direction 2-way NB/EB SB/WB 2-way NB/EB SB/WB Existing Volume 1611 959 653 1894 662 1232 Peak Volume 1611 959 653 1894 662 1232 Diversion(%) 0 0 0 0 0 0 Volume after Diversion 1611 959 653 1894 662 1232 ' Committed Developments Type %Complete Palm Beach Gardens Med Center 1 1 0 1 0 1 NR 95% St.Mark's School Expansion 0 0 0 0 0 0 NR 100% Old Palm Golf Club 7 5 2 9 3 6 Res 30% Parcel 4.03/4.06 0 0 0 0 0 0 Res 100% Central Park 5 2 3 9 5 4 NR 0% Paloma 6 5 1 8 3 5 Res 0% Regional Center DRI 0 0 0 0 0 0 NR 80% Legend at the Gardens 0 0 0 0 0 0 NR 0% Florida Dog Care 0 0 0 0 0 0 NR 100% Palm Beach Community Church 2 1 1 3 1 2 NR 90% PGA Commons(Parcels 2&3) 0 0 0 1 0 0 NR 80% Donald Ross Village 0 0 0 0 0 0 NR 80% Gardens Station East&West 0 0 0 0 0 0 NR 100% Legacy Place Commercial 1 1 0 3 2 2 NR 90% Military Trail Prof Office 0 0 0 0 0 0 NR 100% Southampton 4 4 1 5 2 3 Res 0% Parcel 5B 16 11 5 24 9 15 NR 50% Parcel 5A 12 10 2 11 2 9 NR 0% Mirasol 3 2 1 3 1 2 Res 95% Cimarron Cove 7 3 3 9 5 5 NR 0% Covenant Church Site 28 26 2 30 2 29 NR 0% Palm Beach Gradens Elem. 7 4 3 5 2 3 NR 65% Paisley Offices 2 2 0 2 1 2 NR 0% Divosta Office Parcel II Bank 1 1 0 4 2 2 NR 0% Klock Property 22 20 2 25 4 21 NR 0% Loehmann's Plaza 6 5 1 12 6 6 NR 0% Ceramic Matix 15 14 2 16 4 12 NR 0% Total Committed Developments 145 117 29 180 54 129 Total Committed Residential 20 16 5 25 9 16 Total Committed Non-Residential 125 101 24 155 45 113 Double Count Reduction 5 4 1 6 2 4 Total Discounted Committed Developments 140 113 28 174 52 125 Historical Growth -273 -163 -111 -321 -112 -209 Comm Dev+1%Growth 189 142 48 231 72 162 Growth Volume Used 189 142 48 231 72 162 Total Volume 1800 1101 701 2125 734 1394 Lanes 4LD 2-way or Class II Capacity 3110 1710 1710 3110 1710 1710 Link Meets Test 1/Opt.i? YES YES YES YES YES YES Class I Capacity 1860 1860 1860 1860 Link Meets Test 1/Opt.ii? YES YES YES YES 2-Way LOS E Capacity 3270 1800 1800 3270 1800 1800 Link Meets Test 2/Opt.i? YES YES YES YES YES YES Class I LOS E Capacity 1860 1860 1860 1860 Link Meets Test 2/Opt.ii? YES YES YES YES CRITICAL SUM ANALYSIS SHEET RIVERSIDE DRIVE&BURNS ROAD Growth Rate= 1.00% Peak Season= 1.12 Buildout Year= 2011 Years= 3 AM Peak Hour Northbound So uthbound Eastbound Westbound LT , Thru RT LT _ Thru RT LT Thru RT LT Thru RT Existing Volume(6/9/2008) 57 25 58 31 23 56 132 544 60 50 340 56 Peak Season Volume 64 28 65 35 26 63 148 609 67 56 381 63 Historical Growth 66 29 67 36 27 65 152 627 69 58 393 65 Committed Development 56 78 1%Traffic Growth 66 29 67 36 27 65 152 627 69 58 393 65 Committed+1% 66 29 67 36 27 65 152 683 69 58 471 65 Background Traffic 66 29 67 36 27 65 152 683 69 58 471 65 Project Traffic Inbound Assignment 3% 60% 35% Inbound Traffic 2 39 23 Outbound Assignment 60% 3% 35% Outbound Traffic 5 0 3 Total Project Traffic 5 0 3 0 2 0 0 0 39 23 0 0 Total _ 71 _ 29 70 36 29 _ 65 152 683 108 81 471 65 Critical Volume Analysis No.of Lanes 1 1 1 I <0 1 1 1 1 <0 1 I 2 1 <0 1 I 2 I <0 Approach Volume 170 130 943 617 _ Per Lane Volume 71 1 99 1 n/a 36 I 94 1 n/a 152 I 396 I n/a 81 1 268 I n/a North-South Critical NB LT+SB TH= 165 SB LT+NB TH= 135 East-West Critical EB LT+WB TH= 420 WB LT+EB TH= 477 Maximum Critical Sum 165 + 477 = 642 STATUS? UNDER PM Peak Hour Northbound Southbound Eastbound Westbound LT - Thru RT LT Thru RT LT Thru RT LT Thru RI Existing Volume(6/9/2008) 78 15 63 55 38 315 30 422 45 93 723 15 Peak Season Volume 87 17 71 62 43 353 34 473 50 104 810 17 Historical Growth 90 18 73 64 44 364 35 487 52 107 835 18 ,Committed Development 98 69 '1%Traffic Growth 90 18 73 64 44 364 35 487 52 107 835 18 Committed+1% 90 18 73 64 44 364 35 585 52 107 904 18 Background Traffic 90 18 73 64 44 364 35 585 52 107 904 18 Project Traffic Inbound Assignment 3% 60% 35% Inbound Traffic 0 6 4 Outbound Assignment 60% 3% 35% Outbound Traffic 43 2 25 Total Project Traffic 43 2 25 0 0 0 0 0 6 4 0 0 Total _ 133 20 _ 98 64 44 _ 364 35 585 58 111 904 18 Critical Volume Analysis No.of Lanes 1 1 1 1 <0 1 I 1 I <0 1 I 2 I <0 1 1 2 I <0 Approach Volume 251 472 678 1,033 Per Lane Volume 133 I 118 I n/a 64 1 408 L n/a 35 I 322 I n/a _ 111 I 461 I n/a North-South Critical NB LT+SB TH= 541 SB LT+NB TH= 182 East-West Critical EB LT+WB TH= 496 _WB LT+EB TH= 433 Maximum Critical Sum 541 + 496 = 1,037 STATUS? UNDER FP--1 INN irN Kimley-Hom c:I documents and settingsl chris.heggen I desktop 105001 l analysis)(gcc0209.xls]rs @b and Associates.Inc. 4/3/200912:32 K Y a rn W LID CP ` \ BUCKEYE ST. 316 � CO I 09) \ SITE r5)s� �\ �\ 'reJ ` 315 `��h�� N — --------------------- 1Z;RSOF ? V LEGEND FIGURE 3 5 AM PEAK HOUR VOLUME DRIVEWAY VOLUMES (38) PM PEAK HOUR VOLUME GARDENS COMMERCE CENTER ❑ I�❑ Kimley-Hom NOT TO SCALE 315 DAILY TRAFFIC VOLUME o and Associates,Inc. 144305001 .K:\MPB_TPTO\1443\05001\CHJO and Figared\GARDENS COMMERCE.dwq FlG-3 Apr 01,2009 6:28prn by ahrie.heggen drearl• rm. I!! Ft ii i L I A ce 0 4 6 // I 1 i 1110!1 igi vli The Gardens Commerce Center >04>5 Riverside Drive Palm Beach Gardens,Florida th 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 June 18, 2009, at 7:00 p.m., or as soon thereafter as can be heard, at the Municipal Complex Building located at 10500 North Military Trail, Palm Beach Gardens, Florida regarding: RESOLUTION 47, 2009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE GARDENS COMMERCE CENTER PLANNED UNIT DEVELOPMENT (PUD) SITE PLAN AMENDMENT, TO ALLOW THE CONVERSION OF 9,187 SQUARE-FEET OF LIGHT INDUSTRIAL SPACE TO OFFICE SPACE AND THE ADDITION OF SEVEN (7) PARKING SPACES, AS DESCRIBED MORE PARTICULARLY HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. 11111411111.1111 . ( \\T.,- iiii ftV ill . \---___."-___-- r URMS I \ \ . 1 1 \ . \ ... \- subjctsa-- 1 a _ ,-----V,--Z-P.,--=1:Zi_ ftizit,e . / - — 1 EIHr 11-"--,, >,,NN ,, .. \' \ -- --7--T------,z-_,_'--QN'></\ \k;K'c-- \ _ _ ,,"� . • •\� . , ton 1 I__1__4 Mr ' ■ i. Ell MI' NM " All J __ _0 360 1 ,; can . --- E. mum - - - - mat - .. r__`._ri All members of the public are invited to attend and participate 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 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). Patricia Snider, CMC, City Clerk Publication Date: Wednesday, June 3, 2009 1 RESOLUTION 47, 2009 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING THE CONVERSION OF 6 9,187 SQUARE FEET OF EXISTING LIGHT INDUSTRIAL SPACE 7 TO GENERAL OFFICE, THE ADDITION OF SEVEN (7) PARKING 8 SPACES, AND REMOVAL OF TWO (2) PREVIOUSLY-APPROVED 9 LOADING ZONES FOR THE GARDENS COMMERCE CENTER 10 PLANNED UNIT DEVELOPMENT (PUD), AS DESCRIBED MORE 11 PARTICULARLY HEREIN; PROVIDING CONDITIONS OF 12 APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 13 PURPOSES. 14 15 16 WHEREAS, the City Council, as the governing body of the City of Palm Beach 17 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida 18 Statutes, and the City's Land Development Regulations, is authorized and empowered 19 to consider petitions related to zoning and land development orders; and 20 21 WHEREAS, on March 1, 2007, the City Council adopted Ordinance 7, 2007 and 22 Resolution 18, 2007, rezoning 4.45 acres of land located at the southeast corner of 23 Burns Road and Interstate 95 to a PUD with an underlying zoning of Light Industrial (M- 24 1 A) and approving three (3) buildings consisting of 69,295 square feet for light industrial 25 use and ancillary office; and 26 27 WHEREAS, on August 16, 2007, the City Council adopted Resolution 74, 2007, 28 approving the master signage program for the Gardens Commerce Center PUD; and 29 30 WHEREAS, on April 25, 2007, ADMN-07-04-000128 was approved to allow 31 minor site, landscape, and architectural plan modifications due to construction issues; 32 and 33 34 WHEREAS, on February 21, 2008, the City Council adopted Resolution 13, 35 2008, approving the Gardens Commerce Center Plat; and 36 37 WHEREAS, on March 24, 2008, ADMN-08-02-000205 approved a Metes and 38 Bounds subdivision, which created one (1) lot within Building #1, three (3) lots within 39 Building #2, and seven (7) lots within Building #3; and 40 41 WHEREAS, on September 17, 2008, ADMN-08-04-000218 approved a Metes 42 and Bounds subdivision, which added the parking area between Building #1 and 43 Building #2 to Lot 2B; and 44 45 46 47 Resolution 47, 2009 1 WHEREAS, on February 19, 2009, the City received the subject request, PUDA- 2 09-03-000020, from Dan Cecil, on behalf of Riverside Development Company, LLC, for 3 approval of an amendment to the Gardens Commerce Center PUD, located on 4 Riverside Drive south of Burns Road, as more particularly described herein; and 5 6 WHEREAS, the Growth Management Department has reviewed the application, 7 has determined that it is sufficient, and has recommended approval; and 8 9 WHEREAS, the Planning, Zoning, and Appeals Board reviewed the application 10 at its May 12, 2009, public hearing and recommended approval of PUDA-09-03-000020 11 by a vote of 7-0; and 12 13 WHEREAS, the City Council has considered the evidence and testimony 14 presented by the Applicant and other interested parties and the recommendations of the 15 various City of Palm Beach Gardens review agencies and staff; and 16 17 WHEREAS, the City Council has determined that adoption of this Resolution is in 18 the best interests of the citizens and residents of the City of Palm Beach Gardens. 19 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 22 OF PALM BEACH GARDENS, FLORIDA that: 23 24 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 25 26 SECTION 2. The PUD amendment application of Dan Cecil, on behalf of 27 Riverside Development Company, LLC, is hereby APPROVED for the conversion of 28 9,187 square feet of light industrial space to general office, addition of seven (7) parking 29 spaces, and removal of two (2) previously-approved loading zones, subject to the 30 conditions of approval contained herein, which are in addition to the general requirements 31 otherwise provided by resolution, on the following described real property: 32 33 LEGAL DESCRIPTION 34 35 GARDENS COMMERCE CENTER 36 37 BEGINNING THE QUARTER CORNER ON THE WEST LINE OF SECTION 7, 38 TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, RUN 39 NORTH 89°57'00" EAST, ALONG THE EAST-WEST QUARTER SECTION LINE A 40 DISTANCE OF 619.62 FEET TO THE INTERSECTION OF SAID QUARTER SECTION 41 LINE AND THE CENTERLINE OF RIVERSIDE DRIVE; THENCE SOUTH 10°33'45" 42 EAST ALONG THE CENTERLINE OF SAID RIVERSIDE DRIVE A DISTANCE OF 43 236.00 FEET TO THE POINT OF CURVATURE OF RIVERSIDE DRIVE; THENCE 44 CONTINUE ALONG THE CENTERLINE OF RIVERSIDE DRIVE AS SAID 45 CENTERLINE FORMS A CURVE CONCAVE TO THE NORTHEAST AND HAVING A 46 RADIUS OF 512.28 FEET THROUGH A CENTRAL ANGLE OF 11°25'48" A 2 Resolution 47, 2009 1 DISTANCE OF 102.20 FEET; THENCE SOUTH 89°5T00" WEST, A DISTANCE OF 2 32.20 FEET TO THE WEST RIGHT-OF-WAY LINE OF RIVERSIDE DRIVE AND THE 3 POINT OF BEGINNING; THENCE CONTINUE SOUTH 89°57'00" WEST, A DISTANCE 4 OF 511.90 FEET TO THE EAST RIGHT-OF-WAY LINE OF 1-95; THENCE SOUTH 5 ALONG THE RIGHT-OF-WAY LINE OF 1-95, WHICH DESCRIBES A CURVE 6 CONCAVE TO THE WEST, HAVING A RADIUS OF 3969.83 FEET HAVING A 7 CENTRAL ANGLE OF 01°2T54" A DISTANCE OF 101.50 FEET TO THE POINT OF 8 TANGENCY OF THE CURVE; THENCE SOUTH 00°13'45" WEST ALONG THE WEST 9 RIGHT-OF-WAY LINE OF 1-95 A DISTANCE OF 179.95 FEET TO THE 10 INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF 1-95 WITH THE NORTH 11 RIGHT-OF-WAY LINE OF THOMPSON RIVER AS SHOWN ON PLAT NO. 5 OF THE 12 CITY OF PALM BEACH GARDENS, AS RECORDED IN PLAT BOOK 27, PAGE 95, 13 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 14 89°47'45" EAST ALONG SAID NORTH RIGHT-OF-WAY LINE A DISTANCE OF 248.53 15 FEET TO THE POINT OF CURVATURE OF THE NORTH RIGHT-OF-WAY LINE OF 16 THOMPSON RIVER; THENCE ALONG THE SAID RIGHT-OF-WAY LINE WHICH 17 DESCRIBES A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 18 1564.34 FEET THROUGH A CENTRAL ANGLE OF 23°22'02" A DISTANCE OF 637.99 19 FEET; THENCE NORTH 33°53'49" EAST ALONG THE SOUTHWESTERLY 20 PROLONGATION OF THE NORTHWEST RIGHT-OF-WAY LINE OF BUCKEYE 21 STREET A DISTANCE OF 43.91 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY 22 LINE OF RIVERSIDE DRIVE; THENCE NORTH 56°06'11" WEST, ALONG SAID 23 RIGHT-OF-WAY LINE A DISTANCE OF 212.66 FEET TO THE POINT OF 24 CURVATURE OF SAID RIGHT-OF-WAY LINE; THENCE CONTINUE ALONG THE 25 SAID SOUTHWESTERLY RIGHT-OF-WAY WHICH DESCRIBES A CURVE 26 CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 542.28 FEET THROUGH A 27 CENTRAL ANGLE OF 35°22'55" A DISTANCE OF 334.87 FEET TO THE POINT OF 28 BEGINNING. ALL BEING THE NORTH HALF OF THE SOUTHWEST QUARTER OF 29 SECTION 7, TOWNSHIP 42 SOUTH, RANGE 43 EAST. 30 31 CONTAINING 4.45 ACRES, MORE OR LESS. 32 33 SECTION 3. This approval is subject to the following conditions, which shall be 34 the responsibility of the Applicant, its successors, or assigns: 35 36 1. Prior to the issuance of the first land alteration permit, the Applicant shall 37 submit signed, sealed, and dated construction plans 38 (paving/grading/drainage and water/sewer) and all pertinent calculations for 39 review and comment. (Engineering) 40 41 2. Prior to construction plan approval, the Applicant shall schedule a pre- 42 permit meeting with City staff. (Engineering) 43 44 3. Prior to construction plan approval, the Applicant shall address the City 45 Engineer's comment number 3(a) in the memo from City Engineer, Max 3 Resolution 47, 2009 1 Bosso, to Planner, Kate Wilson, dated April 24, 2009, concerning the stop 2 sign located directly south of Building #1. (Engineering) 3 4 4. Prior to beginning construction, the applicant shall provide all necessary 5 construction zone signage and fencing as required by the City Engineer. 6 (Engineering) 7 8 5. Prior to the issuance of the Certificate of Completion, the Applicant shall 9 provide one (1) complete set of as-built plans of all infrastructure elements, 10 as approved for construction, along with one (1) electronic copy of the 11 documents in PDF format (conforming to the "City of Palm Beach Gardens 12 Engineering Department Standards for Electronic Files"); one (1) complete 13 package of all permits and agency approvals; and one (1) full set of the 14 certified test reports, along with certification by the engineer-of-record of all 15 improvements. The plan and electronic copy shall reflect the as-built 16 conditions of all approved changes and modifications, of the infrastructure 17 improvements, to the original approved plans for the development. 18 (Engineering) 19 20 6. The Applicant shall copy to the City all permit applications, permits, 21 certifications, and approvals. (Engineering) 22 23 7. The construction, operation, and/or maintenance of any elements of the 24 subject project shall not have any negative impacts on the existing drainage 25 of surrounding areas. If at any time during the project development it is 26 determined by the City that any of the surrounding areas are experiencing 27 negative drainage impacts caused by the project, it shall be the Applicant's 28 responsibility to cure said impacts in a period of time and a manner 29 acceptable to the City prior to additional construction activities. 30 (Engineering) 31 32 8. The Build-out date for the use modification is December 31, 2011. 33 (Engineering) 34 35 9. The Applicant shall notify the City's Public Works Division at least ten (10) 36 working days prior to the commencement of any work/construction activity 37 within any public right-of-way within the City of Palm Beach Gardens. In the 38 case of a City right-of-way, the Applicant has at least five (5) working days 39 to obtain a right-of-way permit. Right-of-way permits may be obtained at the 40 Building Division. Failure to comply with this condition could result in a Stop 41 Work Order of all work/construction activity within the public right-of-way 42 and the subject development site. (City Engineer, Public Works) 43 44 10. Prior to the issuance of the first land alteration permit a Second Amendment 45 to the Declarations, Covenants, Conditions and Restrictions for Gardens 46 Commerce Center (the "Declarations") shall be provided to the City Attorney 4 Resolution 47, 2009 1 for review and approval. Such Second Amendment shall amend the 2 Declarations in conformance with the Metes and Bounds Subdivision which 3 is the subject of application ADMN-09-03-000271 . No land alteration 4 permits shall be issued until such Second Amendment has been approved 5 by the City Attorney and recorded in the Public Records of Palm Beach 6 County. 7 8 SECTION 4. This petition is approved subject to strict compliance with the 9 Exhibits attached hereto and made a part hereof as follows: 10 11 Exhibit 1 . Site Plans, prepared by Cotleur Hearing, Inc., Sheets 1 and 3-6 of 6, 12 dated May 4, 2009, and stamped by the City on May 13, 2009. 13 14 Exhibit 2. Site Plans, prepared by Cotleur Hearing, Inc., Sheet 2 of 6, dated 15 May 26, 2009, and stamped by the City on June 1, 2009. 16 17 18 Exhibit 3. Site Plan Area Calculations, prepared by Cotleur Hearing, Inc., Sheet 19 1 of 1, dated May 4, 2009, and stamped by the City on May 13, 2009. 20 21 Exhibit 4. Paving, Grading and Drainage Plan, prepared by Smiley and 22 Associates, Inc., Sheets C1 and C2, dated January 29, 2009, and 23 stamped by the City on June 1, 2009. 24 25 Exhibit 5. Traffic Equivalency Approval Letter, prepared by McMahon 26 Associates, Inc., dated April 22, 2009. 27 28 SECTION 5. This approval shall be consistent with all representations made by 29 the Applicant or the Applicant's agents at any workshop or public hearing. 30 31 SECTION 6. This Resolution shall become effective immediately upon adoption. 32 33 34 (The remainder of this page left intentionally blank) 35 36 37 38 39 40 41 42 43 44 45 46 47 5 Resolution 47, 2009 1 PASSED AND ADOPTED this day of , 2009. 2 3 4 CITY OF PALM BEACH GARDENS, FLORIDA 5 6 7 BY: 8 Joseph R. Russo, Mayor 9 10 ATTEST: 11 12 13 BY: 14 Patricia Snider, CMC, City Clerk 15 16 17 APPROVED AS TO FORM 18 AND LEGAL SUFFICIENCY 19 20 21 BY: 22 R. Max Lohman, City Attorney 23 24 25 26 VOTE: AYE NAY ABSENT 27 28 MAYOR RUSSO 29 30 VICE MAYOR LEVY 31 32 COUNCILMEMBER JABLIN 33 34 COUNCILMEMBER BARNETT 35 36 COUNCILMEMBER PREMUROSO 37 38 39 40 th 41 42 43 44 45 46 47 G:\attorney_share\RESOLUTIONS\2009\Resolution 47 2009-gardens commerce center pud amendment.doc 6 . c HO 7741 N.Military Trail I Suite c 11Palim Beach Gardens,FL 33410 p 561-840-8650 I f 561-840-8590 TRANSPORTATION ENGINEERS & PLANNERS www.mcmtrans.com PRINCIPALS Joseph W.McMahon,P.E. Rodney P.Plourde,Ph.D.,P.E. TECHNICAL MEMORANDUM Joseph J.DeSantis,P.E.,PTOE John S.DePalma William T.Steffens TO: Kara Irwin, Growth Management Administrator ASSOCIATES City of Palm Beach Gardens Casey A.Moore,P.E. Gary R.McNaughton,P.E.,PTOE John J.Mitchell,P.E. Christopher J.Williams,P.E. CC: Max Bosso, P.E., City Engineer John F.Yacapsin,P.E. Kate Wilson, Planner Thomas A.Hall City of Palm Beach Gardens FROM: John P. Kim, P.E.,PTOE, Senior Project Manager SUBJECT: Gardens Commerce Center PUDA-09-03-000020 McMahon Project No. M06344.66 DATE: April 22, 2009 McMahon Associates, Inc. (McMahon) has reviewed the traffic analysis provided by Kimley Horn and Associates, Inc., dated April 3, 2009 and the accompanying site plan. The project requests the conversion of 9,187 square feet, of a previously approved 69,295 square foot light industrial development, into general office use. It also requests approval of an amendment to the PUD site plan to add five parking spaces and convert two loading zones into parking spaces. The traffic analysis has addressed all of the previous review comments and can be approved for City traffic concurrency. A summary of the project is provided below: Location: Between I-95 and Riverside Drive &s/o Burns Road. PCN#s: 52-43-42-07-44-001-0020;52-43-42-07-44-001-0010 Existing Uses: 69,295 sq. ft. Light Industrial Proposed Uses: 60,108 sq. ft. Light Industrial 9,187 sq. ft. General Office Net New AM Trips: 16 Net New PM Trips: 21 Traffic Concurrency Expires:December 31,2011 Please contact me with any questions or concerns you may have regarding this review. F:\FL\06344M\06344M_66_Gardens_Commerce_Center\Admin_MCM\Docs\Tech Memo 042209.doc Corporate Headquarters: Fort Washington, Pennsylvania Serving the East Coast from 11 offices throughout New England, the Mid-Atlantic, and Florida 0 The Gardens Commerce Center Cotleur LaMSe3Oe AIURNbx,9 EndlaNpddC ma., GNINE CMG. 1934 Canmau Lam SUNM I Joyner.Florida 33459 581,72743.213 SA2-747.1777 . N in Site Data Project Team Genera/Notes Waiver Request TOWNSHIP 43S,RANGE 42E,SECTION 7 PROPOTTYONNER DEVELOPER may.. uNpN M.N e NW.se s4APPLEAIs 9EOU0[MprI FANNIU oNLATON Y,ATIM MINN.DOG /w� PLAT _ eb1JLS CODE.. ALLa.Aea LAND USE DESIGNATION INDUSTRIAL _ a1E,.N4w aw.mm we..e.......m...D. A..':" C t0 oNAN EXISTING 3SININT PETITION N DESIGNATION( TAD y.e..v2 .y�lx•,..y,A. V CIS/OF PSG PETITION NO_ Tao r CT'E ea a .L.�y�g.��n..y. Tom NoNINEns,KOnNAN ..y.rp..N ..y raux0 aru+21179 * 4244«'irrr�r Orr �rur.wmr FFaA0.0OD NNE PANEL NO: S .ri16A p INN.1016Na v..4nw .�m2.,.5 le NNW. Am. )rat teal \ , ' Q 93$23 ST .aa ATTORNEY ARCHITECT MO Unl.aNAaDVnn.smonroor.e.:..wuA m� �� rem /L It co TOTAL 6fME AREA 193.`+20.12 4,14 '' Dune• ra''S' tea. ee....mxmmm..�....o..nsnE 2 Aac.m.dve,w In em .m 0e.4 026 A.M. pd Q R..9r �/i PROPOSED USES a.uAR2•6T mnnaaw °r'�O1 Pn•66INN ....•• Nr p.• UNIT MISTRAL 25.mD.m .wr.o:w..wr.NR A.,T.a.x...TFAau..tN.. ..a,.maaar.I aA...,m.D..Ra+ 4 P.n+.e.w.w .e.N m.N... Nom rN�E.G:wa.1m .....+wow• VO PLANNERS AND LANDSCAPEARC/I/TELT GINE ENGINEER • pe°"�OM1.A p°ORm"1ad� P..... D amn.0od k. .MEIN. rxnEE 01B,.0o Mo wx mm..reuxa�irop.�m p.3. PM sir ; R3 C011.12 INAAINS OMIL2■12.0412.742.MC.LISIIT OEMS MO 9 a A.nFR au�cz .q w70.w.ssuu..r�wmm .°�'.w~'• O TOTAL LIGHT DAUSTRUL USE tl.10122 moAO*OaR 04f...3.. bwrrn.MN2pur..e .w.w.cn.0o , - A.e .ter • vr,.r ^- TOTALLIGHTS USE 11RA0 2. moxe 221417aM1 EVE.024.7214. s4nsm �m.yr W+md �"�^ 707 01 BINDING SOAURE FOOTAGE OMAN 1 2....22U emam. ....s.T0 awn..mr - ♦�/�� 4) ((1) SURVEYORS LAND DEVFLOPMFAITCOA"SUGTAM a INT. a.¢m«lu..mr.w.+• ®r• °rtes v�� rlw.+. ..sm.rm, -J V- •Yl MAXIMUM MMIIDING xEJGM(LORI 50 FEET .pU.RlxOtm *OOET4ioPMewT 00 NG • p......„.., ....� . BUILDING STORIES 1£205053 ••�s4'534-9-00060 A E.......72177 . .2..m� o.w.NaarsT.em..aMinn ' ((((���� MO.41.7247071 PHASING 3BOSO m.r..r:sr sa4ml Location Map 0 NUMBER OF BUILDINGS SBUlDNG3 mem o..µ.700310. TYPE OF OWNERSHIP PRIVATE ATwar....xupa.mab. `}� OPEN SPA Legal Description ,p T,..r.. .,,E r.. PW SM. \ ` 0. SPACE REWESO Be CODE FON MIA 2126111 ��, 15.Wx C` 1 V A"EO PA?•!•�SPAFE SeF SNM.EISNm.quarter co.m me west be d S..�7,Tea 1.712 Y.M. coon. .nalsem9aex.s.wo.wwmm. ��RGmSA (INSPACES.115 LENIN a DS..REDUCED).LS MLANLIER• 1INN lm 1.0214 SNp.4,Eaq Plm eeaNGUOry.5.3..bn Non NNS,.DES1Mgoe6a, --µ Sec. and the brtr eofMD 11320 reCS3 MmSNM AMtl Qr9r /t A TOTAL CPO.SP.REOIMm ,gaa.a •'' a.mx the 0.31.Of.luw Me al IA a MINN of 22nS.ti.Its Or Eat P.. cawTxmn.sr..aPTmff euaammefa C5 Au . tleR N 01 aM.,Ce...2item ilealass.Or xda dm TOTAL OPEN.SPACE FROND® .140'..1 La .9.9'. �r aM.c U.�¢oroml M IN EN I16.62N Ode pm PERVg115 2n.ARE1m r.®1r wet.aSN¢d3226 Mtm tle Wert NPta 70.1 S.dIM.stle OrMartl t. ....mao.v.Ad..M OP*ar,Na.m.asewTO.L PERVIOUS ,5214 PoY101 Se07.DemmMM0e 5*M WNW We.Nonce et DIN Now ..nowrs•no.a•mmse1..1.: lr. IL NM. LSE n.NO Oe Fart right away n,'.e..An150 Mg.d9t4C.01144 D. coins ®�;_.�\I-"l � iii IMPERVIOUS 6o460.1101..a Weave m Me weet,ha.•rtl.of 3AM4 INA PAS.a ta.n..o�sw.wuomnewu� LOT WALVEMRT 43.S1i44 30424 More AMP 01 U-44 D a d.40 D3NAM*13M 0,24 ne O.3aq.AO.NN ueri x..tt 00NM.WALL BAR, 9826 0�1L More 42 muNS'xbM.te d.a/MdFLadl�,n 011...95 anWmao..oeun® USE M.A.NOLOWO ODER...EASEMENT) ,5N22S 4,494 ,ter m O.iNDe.DMd to East ./ay N.MINS MNSemn did d..r N. ran.u.trw2214.2 WALKS,ENTRY PLANS r.m_45 a tr 3.7252. NMI 1,4Nt :snow.Plet No.S of e1 1741 arAGsd.ca SUBTOTAL 121v1.10 2Y N. BOOM D,AM 95.P42Mlsmt of PM FN.Cooly Ertl.: • 19010 Sod.S0Vl4S E.d.r.mM Nancoq.010.9.2a 775214 3429 ra0.r2:17.2 ®Nne TOTAL 122,5T,q L« MM. t.OODe 01 mnmedlAA Ntl Nor.right ce..2d9..22 PAW, ,,,orsnn. .:( MPERV1IS•PERVDUS TOTAL S 27249 SO.F,.UNDER THE TOTAL SITE AREA OF 122.222.T231 OLE TO SMALL EROS ANON NO MMdw,Me.Imtlm6mOV.a.se a.AAw:mh ens AAARON OFCADD ERROR 245234 RAF,WG SaAF.eMN A39212BMd116424 hC H,.)9M21RtS2 Nd v-1392•. .,mra...rsc.w.r Table of Contents Mona d 627.92 feet DNA wnsrsr4rr 4,b.Os SO,66•EMY PARKING CALCULATgNS 0410 PNOO d the MIN.O 221 way Ile d e.aq.SOME•u..v d ASST «x UNIT MOURN 100 mwe NANNNN NY of w.,toe d Mae 0.6(tome MIN 26•6212• Cover Sheet 1 of6 .IV.«MM.rEof way IN a Nor.d 313.6 LW tote Pei.daNAOd TO FCE•(12224 PM AAA d wry Nmo men rmenue aby.e ods...aI,nerd C1 1 ONCE IY26m ANCILLARY OF Moo..•yA.canoe m IN NortNo,intro a AM 01542.26Idtt.60• TOTAL 162 162 mbaasp<d 3NENN a Mane d 134.2,feet. .Nall ay.+n NILAM Site P/an Zof6 ......037NTOTAU e 2 Mae NOM row d Ie sm...pm.bd SedM,,T..O.4 Rove AS Ofi/ M�..r.Ia6m Cooly.wax Site Details 3-4 of6 D,,,,,,y LOADING 10775 0' PM OFFICE USWM MISTRAL (17.4.4.45 amore 4-424 �•.. - o . t CandscapeP/an 5 m.•if i' Lill .A t.7,1;r Gn PEDESTRIAN 4%0510(1 Landscape Details 6 of 9.,.O, 07:73.06 • M000n OF REWIRED PM.. 1641 AsIS,.A. O 9 .A L6 TRASH RECEPTACIE6 ri0,71 rFL7(31i?le.os e ExMES 1 3 •1-S.. - 70 4941 W-1 POO 01-1141 CEFICE AT 016 NOT EICEEO411x OVE2ULL 0!4309 1.727 .aSEVER x oFMMIDaF 3wR+oFF)cE MAT W.FROM waucro elanwc. Cover ShAtifiNkflatiNs]x+l _ _ 1 OF 6 TMET MOMMINNO NC. BUILD/VG '1 Location Map BU/[DUILDING 2GRV6 ZONING:Pb ZONING:M/-A 0 LAND USE Po ____ caPNaErE WALL [AND USE/ BT ORILEVALT _�EIBRis--- ° ASPNAL `` 11.1 1lYD R9D Cotleur — R2� --t---�, `\ \ i Hearing ■ _ ..,: La I' I va SNOTMY I WADING maLemo LB#R T D°9 K-DPO TND LNeMape MJIII6LBR III ,I Wonmeml� ;��E G nn PGial I � SU/COINGTWO u�sG P. C 1 s_ Graphic' �� I 8030SF � Ir ff -(/FSP NaAVUpA D ]04 l \ \` 1934 Commerce lane I ,u ti_,,,_, ` mn. Suite t 'I I WILDING ONE 11171": Iw ( -- r T ��y►F��B � ,NR� II I Cz-STORf9 fry s�� l' I la!= coT/`���' '� ,f7=. \ Sr Joan 561-7 r-6.GI�.se 39.920 SF. `tLV emu* fl xEmr aE ,I�,'`\�m ■fi! 3PORGx LOTS • 111,/%/%//.CI,..,jo A..-- . !is • O Dm�I., \. ZONING•M!-A I BERN 2L/ 8� ,{ V xas �"31J as S /LD/Np rNREE f/ M1{\\�.� \ ��., .1 PG f- ` 9E11 21.34 S-F. 1 sa s....P LE I l9s REa ,f -s 6© COTTFdGT/O{4FT (432'6 S.F.194EZZANINEJ Ivr J 'I IV��� ■ 1. OF< l f ©_ R�R Bisa ckT L�TaDi _ s<i„ \ I PSOLDNP +w { 2S'ME /I ern I�S 95R .,......'.:.000i ' _ 'Fta�4c it °£,'t O+ .`�-,< \ ♦ / II ssa :� ° AsPllu/ � �_17.- .�oii/// I`.4 „4",....... • Vl ua aNPSIER /'I o/Tm. _____esy —+L Tsa oeiL_— //.. eOT4H eOF4AI / // ...'--• \ �,1�;�, •3•f p° Nmsles —asr_ m/ASPwLr 3 A/f� \�\ t' L/1 II �� 4,a '! s� m. --_ ...II uw3. RE,-cx �0- ►r, - V S C:' . - Jl I ` ..,. .\ NeI C__ �—• - T L - , P �- .- 3ao4EMAP6 Pte -- ` !*LA 4,3E U.E PANB.WMLM. - .-1>_ .:.!-- -� - mow - \ 0 DE— _.. E, �+ 1D DNG \ = OMNUM(P8Q - T\ 1701 Of WliT2P. -� - :�xL= =.µ \ \\ `\L\ . N,\.... BE` MAL MT3q PO.355) , E�jE6BATfA M. - _ `` 77\\\e,VVeVV`TT' �'---< L> ,CAN , \ 'N.-.% 0. 77/OMNflSON =_ '-�_ AROi? \ \ --I,-q) _Fa AI__—_-----_ —_____._____- OMPS _ _ '` _ _—_—_—_—_ _�-� .._�� ` �' tea- q.R \\ `\ 2\ \ V `� LE \ \- _ 1 HOMEDDDRONM �` ` _ \\ PARKING SA�6 ��-`-\ �e \ \ V NODIFIEO NT.AREA �'C\' Site Data - „ �.� \ ZONING,RL3 _ - _ ��_ TOWNSNP 423 RANGE 43E,SECTION LAND USE.RL — -_ ` '``�L ) PUT ` _ `!�7 LAND USE DESIGNATION INDUSTRIAL Site Data Cont Legend ~ - _� O`K../ I O �m 5 �. Le. t EASTNG ZONING DESIGNATION: N1-A - r_ CITY OF PSG PETITION NO.: TBD \ �' FFMAFLOOO]DOE PINE[NO: B -`� ` _ PERVIOUS 60uARENBT moss uPP. ArONPURICIXACES \ \\\ TOTAL SITE AREA 193.520.72 4.44 MO•A. 1.n P sin% CS. urd eASN 11 Ili }'( V `\`\ \\\\ IMPERVgUS cs. COTeRW STRUCTURE I V'l`/”' - PROPOSED USES 9aMREF6ST NRDNO LOT 0OVERAOE 43.SR49 LSO 220. APL 0J0.WAD,aART OD.VC. OWNS DETECTOR CHECK VALVE MALCOM ONE WWNOU53Fw. VEHICUTARU.AREAS RV0.10NO OVERHANG fASEUEN� .....T 4* ....ENTRY 10701. PLAZAS T.2BLq M HANDICAP RN.P ANO Tw1EE SUBTOTAL 3RSRL10 LN Rl9x La. INNOSViE BUFFER • LDNO 2B1N.W MA 6F� lEY IOTA[ 150.17.50 4.N 168.9n OE. OVERHAND EASEUErNt OESIONEO OF.'I NAME.•POMO.TOTAL B Inn SOFT.LAMER 11E TOTAL SRE AKA 6150.),7138 DuE TO SMALL TOTAL LOST INDUSTRIAL USE KHAN MTRCNOF CAW ERROR DORM OMFTwO 9 RADIUS W' OWL OSV PPRWEO TOTAL OFFS:E USE PARKING CALCULATIONS "® 98 MAAm JOB MASER TOT&BUILDING SOAUNE FOOTAGE 0.29668 m68x LIGHT SOUS..MO. sETeAOx R N E .3.1)4,6 E.Nx ASCU...FM-O.% SW SIDEWALK IERBDS RSOS4,6 MAXIMUM BUILDING HEIGHT IIDR) 50 FEET OFFICE W303) )3P-3950) -S]-OG BUILDING STORIES I A 2 STORY TOTAL TYP. TYPICAL gf2M)A.SA 112506 PHASING 1 PHASE TOTAL NVOOANNnV®NTO1W e a Ri-114,] A. NUMBER OF BUILDINGS 9Bl3lDNG3 wAeBFP. WATER METER ANO BALNROR FfiEVEN1FR SITE PLAN DF-aA0P' A�A� LOADING g.,,,,a. TYPE OF OWNERSHIP PRAATE LOST INDUSTRIAL -- -n - wATEltuuN Ri.11n9 O}.T/-0P OFFICE RS�t -3�i�3�S OPEN SPACE ua/P31 TOTAL f L SANRARV SIZLER MMNUA OPENSPACE FEDIPEDBY RICE FORUM 266811 AeoA 4R ''''' Novo. C 'm PEDESTRIAN AMENRIES RqR® DPEN SPACE FD3 REDUCED PARNNG SPACE 5g BIKE RACKS(n 6 RE0.RED PAR..) --W FM-- OVERHEADPOAERUNFS h�H¢6MIaDY N�'1 on SPACES A18,5 LENOIR A 6.5 BOTH REwcED a L6 MDTPKER• 1.9Ab 650 TARS TWSN RE�piAC1ES 2 TOTAL MX 6PAV RFDNREO mm.36 AT1 was BENDIES 1 2 s.RET 2 6 6 MyM3HAUDO TOF,MOL 55 0F1401 SIMILNOTEI4�EB,PSOVERAL Scale: 1"=30' North TOTAL 5503 SPACE PRO/IOPD N,gi.N Lq N.SA HOWEVER x 6 ANCNArtT OFFICE wv VART*sou euaDIPC To BIEMlFi ^• i•1tl..rZ. -•.••zIE l=„=. E * r.,1=:r ,hTF,T I--:',7'.•--1 PROOLCISPECFOTOS I Z.: I .7:: ••—••=,, -*.r,% , -' 1 4:"...,"%z■t ° ----. -21:1:21-1=7-7C:111011111111 li FG12 —..r.-9:u P.: 16— 1111, WI ' - -- ..... Wi 1 li ',.._, t•S2/..., .; .....„,,-,, ,........., Cotleur 11,.,i.imi_— ..,....,_ --WINIjil — --. \v.: ;el:J.: .__ ' Hearing ,........ I I — . 1 r . ...,=- .. Landscape Neheeenre :2 ANWE ilin Ill; I I rerreereeee Planrea Environmental Consulting Grad.Beate 4.5141‘ ‘L I I 1934 Commerce Lane ifilEse— ,• kj I Jupfter.Fields 33458 77.7. ,,,t..-:.■.:.,.... gm. 11111 III ■....."0=M11111 i 581.7474338 Fax-747.1377 ' 0 [i A 11 III ; ill . 4.1:-`1"- L. Dash Receptacle ‘.....' - %.) Sikerack $tandard 9.5 s l 65'Parkino Space Layout Standard 9.5's l6 Parer<Space LajNut Standard 9.5'X I 6'6 I 2'X IS'ilancicap Parldny Space Layout *J .'•'. ws Without Sidewalk ht. Wth Sidewalk 6 Oath INS With Sidewalk 6 Co d, aIs ...Kr Z ME SelleCle£) ' Ia) tP, 27 I 1.... 'Q, .'C'• PPECAST.E.REINFORMII, MVP " t IM.1,11114'Pi -nimmirgi k --.... L--:; -- 11 ....... IgIVII E , RISE PER rof MIS SPECS I ,.,. ,,.:;:;':;. 1 ......... I .4_ GRADE :`,i'l■'LVAI`;■1 Tk:.1ft .- r,: L. L. ....ow* .,:' ...",,,,,''''''e I '' - -' I '1' ft ,L.,21- ,:„.,......,...,,' ..... ",. .....1 ... ... ,,. . .. 0.01111- CONITXT lk.-..:÷7.ai..7,iir nr, 1111 — .....i...... .:c53 1,.::,?j,,,,,.: ..... .,,,,,,p, F,,Lmone.W'--;-pr...1. z, lit] i'l ll VI ;,..r.'1 s,....•, 0. :.,,Ap,• -..1 ffl,!- .1441...-a„)„1.; Z ...) E — ...1) 'Z'Q. .... ...... Light Pale/luta/Neon Detail I3ench Standard 9.5'X/6'P Space Layout Standard JO'X 18.5'Parking Space Layout -No Padang.Standing w Sto,opire Sion 000 NM Without Sidewalk 11,With Cart nr6 Without Sidewalk 610th Curb n. ws 4.••■ p.irt3 \:..) 11-ria .......„..„.. L.) Iwo. •, "----- ---__„,„,„„„,,,,,„ . .., ,.. •PD1 GIL .. ...VIZ-%OA .‘":" ';',.: ..' -.., .. Transformer Planting Detail t- Pc4N146141■11 e7S •.9 meas.— I 1 ..n. laril r.r.."":";.::::' 0 4---1-7a1;,...- g ir ••-•• • fj F----I 1 0 ilAxr AWE-17W i—•"• ' f %11 i ...... i I ...... i 111, '4.'.6'sr\,, i all MVO NUM...0,177E£ seen: a P Savalmr.muzzy., r I Mt ) 11:=1::" oil i - r 10 . ..,,„ ...■Wr TILINSMRIAER 0 i_________. L..____.1 R=- ■Ili r.\'1 il 1-1 .E 0....•7.6 • • I ilkW0711111 R=1,L" HANDICAP PARXIMG SIGNS 1 ) MONS 01-03-06 , (..1 4 TYP/CAL di AU MANDICA.STALLS .=e'VW OW INV OW 0.114 034 0.07 A-V•l,FEN. pl•r1417 /2-1,06 IIIMMILWil Iiil II 22.... 0,25-07 11.1e-as ‘,....."1: to. Not 0,26-Os 01.09437 0119V RR MOMS ,r-' Symbol to b wide white 0,-09 01-2147 e 4" (WWI 02-2.01 thermoplastic matenal an pavement. P3-0.09 Transformer Planting Detail Handicap Parking Details Dumpster Detail SEDDON VIEW NTS Ins 7°" Site Detai/s/Amenity Plat) sn,rr 3 OF 6 ---- FM®o 17=IR±®o 22F-114' Ulf' 0 ®t I ®a o` 1 " E.©u Cotleur -- r 17 © o � Hearing m,clu.¢ev xxw r�,vwu,. L � r I�I I __ Ienssrax acn aecnae 11.7.•-• Ffr gg -_ • — Ravel CaMvq II C�N 3110.711 == -- &Vat OniT CLOWAEM —� Commerce Lane FOOTING DETAIL Sake 1 Jupiter.74)66336 Fax-W-1377 e. rnaxrv23' DECO S -- -- — - • t ® CAP DETAIL L. TOP VIEW S TACKID PANEx FLNmArT10N W nommecommuums At u.•.r �pELEVATION `S:w:.• `` END VIEW WV 111,V Ifi .....r �e:m°" :r ® PIAP/ .sd..0.F.r n I� Q M.= r' ` ''4 obi 1 ■ I STACKED E L I' J `,�:I Y, .mr..mEVAnw+Po0.x. •s,wm I;I SINGLE. O C —�END •••, PANEL DETAIL '"°"t U N Theater*Perimeter wad O M As Q C ... rti V .) 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Environment!Censullng peso...are,•,,,,,.....e.a...01.3,713.3s.vcoLvtac•Iloy••0.0,1,•,•40.•• 00■001131. M., MT= IMEMIIMME:==2./ ..== .3 ,,,,SY Ceaphe Design ,--- ITLVEINIMMI MM....17.We OF OV•t•131•78,0t01,8110:0 SI.IMOVOMOILLM.0.1 ne•,104 no wen. .LL..ffp,.........1.91 ,11.411..PRANIS NO MA...FM .,..,..,..„.„sx.„...,.,m„.,.....,.„...,,,.,,,........,....,,,.... INH•11-11M---11--Mg#111M. IAM#11•1=M1111•11MINI 1934 Commerce Lane <0..003131.33■11,.3.3 1143R.M.33101/.437a.SCPE011..77■0•M•■•16k7Meapre,L „„,......„,r,,....,,„,.•.„.,,,,..,,,,•„,•„,L..„„„.,,,„„ Suite monism =111M1=19EW1INE=111.no ,'.... 11■E13911MMIll ea Adder,Ronda 33458 MY 357.[9•3103071308407.*PLANT AuLL Of TYX3NOt113,00..17rtus•maa•701Y11.7 „,,,„,,,,,,,,,,,,•,,„,,,,,,,,,,,,,••,,,,..•wars 1m c•mr,was 3...owrownss, =ZIMMIEM-Malltraill- .=”7-41E0..- 1//11,11 .11. 561-747-6336 Fax-747-1377 roma.sammann•noemenos'epee names mons.op....p.n.,es eos no. I.}51)710 SOL Mg prtu roma.=rrweal prose.so.am•Fx7*8•399OLDSOSIISM. 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SHRUB/GROUNDCOVER PLANTING DETAIL LARGE TREE PLANTING DETAIL UTILITY SERVICE PROVIDER ROOT BARRIER DETAILS .....ty.,..v........ z................--, NTS Area Calculations 0 „.,.- :;., �� PE.PACE \� ,; :"-% a �_�OERVIO s DMA MAU N,NOeGAPE i " -, PERM. 43.�� AM Cotleur a „, sEHx ,. Hearing \\ %%%/-/%///i6 PERVgIB LSE VEMaMH WEwIAxG 3. 01 ® ® ® ® @ , A..� OENFJMTORfPLXVFS.WALLI Mf '94a.Nlp1 .\ V,r• /'•'•/•' ® ® ® d PEeMETERBUFFF33 'P.3T2.84 14.723 0430 ie,T¢i9vwA,wlem.e Planing \ i % 4 !j, MIEFOO GREEN SPACE 3an,yN'. 20.9.33,. 20107.333. Gra Ohio VOlin COWAN '� % •�i x034.3.3 2WlsN.3 aml.N.3 �° a� \ 4 Awoc.N,aP® ® 3930 Commerce Lane '//�U/ vreiaAecu.mr.rel Suite 1 /��/I -.....r.,. �.i'i u..l '• Jvppar.Florida 33lY `\■ I%iI%ii%%%j%i/%%j%i%%%i�/ii//%/}ii�if/%I%%i//I iil%%��jam'==:��_r_.:.•:_ ,-- •••/ 581.7.7-0338 FMOT47.1371 lAYE0.5M OPEN SPACE CATEGORY j�j�� am.3T�3 N. MPEMGl9�PERVgE TOTALS 2799 SO.R.IM3OEP THE TOTAL SNIE AREA of i>D.3207133 DUE TO Su...MAPOx \ EAg*iExr j����� /a uwFSrox m.ic ausTwc S .,. MEAUNTERICR GREEN SM.\ f Total Site Area • Total Open Space Area V o IIiiii ®9 B / % iii &®® jy1. o ■ I 1"2'2'+'4 � V U q___ i l •-•_ /�/�i/i/,/ L__________ ---::.:—.-1-7::7:::- -___ v) �. t3 LAYERS m PERVIOUS UTEGOav //,/ Ip/. ���� UYmINTEMOGREEN POALWOSGNE roV(IS GTEGORY ___ APE_OFIEMION /%/iiiiii%'•-.. /`` O \ yrtERIOP GREEN SPACE ii/"•::.��//// /AF/�Pm3xElFA PIDU'E MONO DIM `_\ \Vl I\ \ \ FPFA_PEAV4lmIlFREwfF PMA46 ON _. ...•..,, „ 0.FOR ARBLPERV30LL54HOOAA4 AREA , \ / rtt Pervious Area Open Space Used for Landscape Points 0.) S_ —._--_ _.__._—__—._.� p."/4%,,,,,,,,,,,,Z,,,,,,,,,,,,,,,,,,,.ii••.i mr,,•,,,,,,i,,e j% e j%iii/ : .._ _ _mimi / -i i^ ii' � �`c ► .� voV M.A. JOB L- - - - - - - Site Plan ,� LAVERS P,WEMFXISGATEGOPY ---_ ,\ WENS W SOD CATEGORY --- MLL � Area Calculations o """` � 0,76.09 0,09-07 991,09 097 1-07 \J `. ../ 09-9969 osaaas Qsoaos Impervious Area da P�P20 ew p Sod Area FET 1 1 Scale: 1"= 100' North CO 48 bolas 3 before 4 s NOTES. L you dig 1.REMON:DOSING CURB AND A00 NEW ASPHALT PAvGMENT ! PER PAVEMENT SECTION.SEE SHEET G2. MI Se!awl 0 2.SAMWT MO REMOVE EMSTWG ASPHALT.PRONDE t�VV!! NEW TYPE Sm c S J) IJ064 -17TH 3.MATCH EMSTNG SMPING 4arrM•SYR OIM CAI DIM**k SCALE f-20 \ 1 o w 60 LEGEND ! 1 PROPOSED ELEVATION 1g 1 \ -w.}N EASING ELEVATION DRAINAGE FLOM ARROW I d g� SAMPLE PANT k NUMBER 12'SUA EASEMENT �F-.- ENSTNG VALN£a wATER UNE w� (O.R.B.2210].PG 634) M �1}J S88'43'18"E 511.87' 9-101 STORM 91RUCNflE J� s _ Nw INw aEYAnoN S ': , __� 1 NNT ELEVATION ¢Q f`,- ® \��\ \` N a–.-- EASING CATCH BASIN k LINE IVVT��,I qa - \ ``�NN_-_- -.._ EASDNG MANHgF Q TINE 89q *B TAI .,..1[1.„.. BU DINC/2 ' f \ , ROB 3L1'9.P•X, PROPOSED STORM DRAM k HE ,' .h{5 , (� F.f.EIEV.-ISLE "'r) 30'S.U.E. �' 7 RIM ` 1�- -�- PROPOSED STORM MANHOLE R LINE OD�� I II I (O.R.B.22401 PC 634) BUILDING n �.�. �'��, I `� ` \ NN F.F.ILDING Y EASING EWE HYDRANT NTH VALN£4 TEE �r`' / 1/ tl.lii' 6EROPOSE0 TRIP:0 i F'�$ AL.�'. OtNo • I I •\�:� \ FAN-* PROPOSED BRE HYONANT NTH VALVE k TEE rL'4 II II 4 rr`` %// 11 I CREASE TRAP E.4 ® 1 4 iii//%//..�. ` ncW1� '• (. `r; ` \ �..�.M� C...)• C_d ,I I +0'FR U.E' �1 11i • \ I / IN I `V \. _ —w STOP 94N V (0.R.8.22317.PG 11 34) ' •■ -r LIE---�TTT TT % �Yr 9 R=542.28' PROPOSED SANITARr 14M/sEnNCE r, ' �� 1—'1— Y _ SEE NOTE 2 ; -.�- EASING SANITARY MAINfSERNCE 1'�) rail 11 SEE nOTE i L=334.90' r_ _ ��� d=N54'36'S7"W a NEE 7'1 �.� _®—�.yI1:• - _ �� NEW PANLENT C24 r.' a �' I - E..a%a gi IN ft ,iiP�' 1�',,,,11,11„r�11 ffil ,11% 1 RIVE lA 1� . PAVEMENT REMOVAL (-LEI p V I axl ' �_� A,IJPak� .B 2.31 'C'' .mil �- .. _-- ••-----••--9ii- 20.0•.aE. �Ic,:S'�:�i,r....l.:a::'C�$��. �MM��r' ?\ 4., O.R.B.224.1 PG.. _ ,1,- a 12.0'fPL EASEMENT M I I I I ( ° E� %/—��� I ® ® BURDINC/] • /�l• j;; \ ® O ORB 645,PG]ST �,..j vII t ® r ElEV.=IS.I' U F. ORB 689.PC n} ® rr r1 �� ��/ i 299 I o D.�.,,,...,,,,,.,,...///iii r 1 Ti CI) ^ ��� 20 S.0 E ASOBENT �'1O ...0/.-., 1 WEEM .99M A■A d�. yq k,� ORB. ! G.31 RAN9nIX '/ ��� A�%I, r, a• 110'SOUTHERN BELL/_ rl • IIATtlivE%.GRADE `' ' a.. ` EASEMENT ER 1335. v 25.0'SU.E ■ ■ . �war R� \\\\ 1�1 +_—._ -� (ORB 221��G 634)- R . • \\ _ A,- v�_�_ 588'29 3 E 2483' NMI o'BEUSOUTN EASCUENr �' �� ' 411•61167•77.77 -• \ r \ / —— ®" ———-- (O.R.B.21736.PG 709) _ _ -•"�_ C o PARNwc/s••-ne\ eG \ `/ . _______ k .. 9CN5 \ NN NMI MEM _ R=1564.34 --- ® MoolFlm DRY \ • \ \ d3 L=637.99' — a 0.24 AREA \ PROPOSED STRIPING SEE NOTE 3 • \\\ � \ \ 2 `�`` \\ DATE 1-29-00 _� `` \ DET EPP ` REGRADE EN.ORE DETFNTON AIRED ^--.....,............ MCI `_ `�' �1 • 03C RD CHY SECT ®• i �ti CAODIC 059 REV– \ " ` Cl 3.39 5 ■ N\ SUET TYPE N.- SHEET 1 OP 2 1013/ 05-054 • .someWW.W••• .l • GENERAL NOTES PANNE CRAP.k DRAINAGE - - CLEARING AND GROPING I.ALL DIMENSIONS STOW ON THESE DRAWNGS ARE SCALED DISTANCES 1.:WORK SHALL CO6IST OF THE LOLIPLEIE REMOVAL MID DISPOSAL CF PA _ __ t THE CONTRACTOR STALL WARM ALL YEASIREIE}lTS IN ME FELD MWL.t�TMs. L MOPS,ROOTS Al1BB5N AND DORM �E�V•.TNMR AND NOTIFY ME ENGINEER IN W11TNG OF ANY OSQEPANCY PRIOR AM ALL OTHER OBSTRUCTIONS'RESING ON OR PROTRUDING THROUGH ME ASPHALT: 1.5'TYPE 5-3 ASPHALTIC CONCRETE SURFACE COURSE TD PERFORMING TIE WORK ALL WMNTTIES SHILL BE PAD CM THE SURFACE OF ME EMSTNC CROWD AND ME SURFACE OF EXCAVATED BASS OF FIELD MEASUREMENTS OF COMPLETED WOK AREAS PO OF ALL OTHER SIRUCMES AND OBSTRUCTIONS NECESSARY FIRM MADE TO BE REMOVED.INCLUDING SEPTIC TANKS BUILDING FOUNDATIONS AND BASE: C FD.O.T.APPROVED UNFROCK(COMPACTED C 2 ALL DRAINAGE PIPE SHALL BE CORRUGATED ALLAN.PIPE(CAP.) PIPES a 1110 0115 1D 90%LaN 100) BE IN ANO REINFORCED CONCRETE PIPE(RC.P.)OFFS PE WO SHALL 2.ROOTS ANO OTTER DEBRIS SHALL BE REMOVED TO A DEPTH OF AT LEAST 1'RADIUS N ACCORDANCE PATH AASHRL ASTON.&FOOT DESIGNATIONS CIE FOOT BELOW THE GROUND SURFACE ALL STUMPS ATEAN THE 3.IT IS THE RESPONSIBILITY OF THE CONTRACTION TO MARE SUCH CONSTRUCTION AREA SHALL BE COMPLETELY REMOVED AD OSROSED OF SIBGRADE; 1r STAMPED TO BBX AASITO T-108 we 10) M;M EKAI NNATON OF THE STE CC THE WOK AND OF ANT MATERAL BY ME CONTRACTOR. M MI OF 12'STAWU2ED SUBGUpE.CONTRACTOR SOURCES INDICATED N ME PLANS AS SAY NECESSARY TO MEOW C CAST RO TREES TO REMAIN WHERE S0 DIRECTED BT ME ENGINEER, RAT AGO S.S.6 BASE ROC(COPACIEO PER ABOVE • HIMSELF OR TE CONDITIONS UNDER YMw MINI(IS M BE PERFORMED. $HALL OR 1WMMED,PPOTECIEO ARE LEFT STANDING 4.PROPOSED GRADES SHOWN N PAVED AREAS REFER TO AMISH PAVEMEXT 1.RIORERIY OBSTRUCTIONS WHICH ARE TO FEFIAX IN SCALE WQI AS fi• 'R' � GRADES BUILDINGS.SEDERS,DRAINS.WATER OR GAS PIPES.CONDORS.POKES 5.AU.SGNNC AND PAVEMENT MARSHC5 STALL BE IN ACCORDANCE PAM WALLS.POSTS.BRACES.ETC.ARE 10 BE CAEFULY PROTECTED FROM ASPHALT § I II II II II II' DE'RANDAL ON UNIFORM TRAFFIC CONTROL DEVICES FOR 51TFE15 TEARY AND ARE NOT TO BE ISEAOD. 11.E II 1I II TI lI. .I ...AND UNGNWAK',PALL BEAw GARDENS STANDARDS AND PAW BEACH / 1. 11 III. 11. 1111 II 11 CWN1Y TYP.DWG N0.T-P-GIB-001, i CLEARING AND GROPING AND BY SHALL BE OPPOSED OF T TE �����/� CONTRACTOR N LOBE m s BY METRICS E SARI APPROVED BY ME ENGINEER > II II=11 11 11 II II II. I 8.ALL LOTS.ROADWAYS MA BORROW AREAS SNARL BE STRIPPED O ALL 8.EXISTING ETCH 1D BE FR1E0,SHALL BE STRIPPED O AL SILT/ I-11 11-11 R R-11-11-R 01100500 00(UNSUITABLE)MATEAAL5 ARD YATCBALS SHALL BE ORGANICS P1OR TO PLACEMENT OF DEAN FILL MATERIAL. Ell 10 rr DISPOSED WARN TEE SITE BE RACED N MAXIMUM ONE FOOT ARTS AND COMPACTED TO 96>< - '..�._:,.•:.' , , T.ALL GRADING OF STREETS.INCLUDING ME REMOVAL O ALL MATERIALS MAXWUM DENSITY PER AASHTO T-160. y9fRID _�:;'L:'::'. +:. 8.X 18'CONCRETE CORR [Ejf AND ME FINISHING O ML SHOADERS,STDGRADE PREPARATION. T,IF MUCK IS.COUNTERED.IT 31A1 BE COMPLETELY REMOVED FROM - SCARE 1'-1 f SHOW AND N WALL N 1004 I ACCORDANCE MM THE TFOR P SECTORS ME ONTERUNE.A°STANCE OF 10 FEET BEYOND ME EDGE OR '^ •• pp SHOW HEREON SHALL E INCLUDED IN ME BID PRIDE FOR PAPA. U) B 8.ANY ER5TI50 ROADWAY AND/OR UTILITY THAT IS DAMAGED BY THE PAVEMENT EACH SLOE C CONTRACTOR SHALL BE CORRECTED AT ME CONTRACTOR'S EXPENSE TO THE SAFACT O ON ME ENGINEER. 5000410 ONSITE PAVEMENT SECTION c" .:(c" .:( E TSl, 9.ANY MUIX POET IS TO BE REMOVED COMPLETELY FROM ME CENTERLINE TO I°BEYOND THE PAVEMENT ON EACH SIDE. 1. WORN CONSIST 1 ME EITAOUSHIM0 OF A STAND OF GRASS MAW 10 GUMBO ENCOUNTERED TO GE REMOVED WITHIN THE ROADWAY 1.0' ME AREAS CALLED FOR BY ME ND MAINTAINING AND PLACING O GRASS o k.I BELOW SUBGRADE TO OUTSIDE EDGE O SHOULDERS. SOD AND FERTILIZING.WATERING AND MAINTAINNG SODDED AREAS OR II.AL PAYING 0 DRAINAGE WORK TO BE CONSTRUCTED IN FLLL ACCORDANCE SUCH AS TO ASPIRE A HEALTHY STAND O WASP NM FOOT&PAW BEACH GARDENS STARVAROS AND SPECIFICATIONS 2 THE AREA OVER WIGN ME SOD IS TO BE PLACED SHALL BE SCARIFIED 2'E I2.ME SEQUENCE OF CONSTRUCTOR SURE BE ORAL MAT ALL ON LOOSER.TO SUIT/ME CEPM. ME SO)SHALL BE PLACED ON THE VF/Q NRi UNDERGROUND INSTALLATIONS R EERY VINO THAT WLL BE BENEATH PREPARED SMOOTHLY WITH EDGES N CLOSE CONTACT AND SHALL BE CC1 FIRMLY ANO SMOOTHLY EMBEDDED BY WRR TAMPING PAM APPROPRIATE 9 ME PAVEMENT WARMLY TO BE GRADE UFO.ALL BE INSTALLED TOOLS ON AREAS WERE ME SOD MAY SUDS DUE TO HEIGNT AND G E PRIOR TO ME COMPACTION O WBR000N SLOPE,ME ENGINEER MAY DIRECT THAT ME SW BE PEGGED W •I 13.CONTRACTOR SHALL MERIT SHOP DRAWNCS ON AL PIPE.PIPE BANDS PEGS DRIVEN THRWGN ME SOD BLOOM INTO FIRM[ARM AT SUITABLE .11i1; DRAINAGE STRUCTURES,GRATES,FRAMES AND COVERS. INTERVALS. 5CO TO BE HIGH ORACLE ST.AUGUSTINE. , 14.IT SHALL BE TIE CONTRACTOR'S RESPONSIBIUTY TO DETERMINE THE LOCATION OF ET15TNG MATES WHETHER SHOW CR NOT SHOW ON ONES:DRAWINGS AND STALL VERIFY ALL ELEVATIONS BEFORE STARTING CONSTRUCTION. /1) 15.WHERE CONNECTIONS TO AN EASING DRAINAGE SYSTEM ARE PROPOSED, I"�1 SAID FASTING DRAINAGE STRUCTURES AND LINES STALL BE PURGED OF ALL SILT AND DEBRIS PRIOR TO SAID CONNECTION.WHERE E051155 Ei DRAINAGE SYSTEM INCLUDES DITCHES,SAID DITCHES SHALL BE CLEARED � \ AND REWORKED AS NECESSARY,TO RESTORE MW TO MEN APPROVED CA) DES.SECTION. 16.ALL PIPE JOINTS ARE TO BE INSPECTED BY A REPRESENTATIVE O THE TA) ENGINEER PRIOR TO BACKFILLUNG. ALL INSPECTIONS SHOULD BE Ddb ARRANGED NO LESS MAN 24 HOURS IN ADVANCE W 1 7 LOCATIONS OF DRAINAGE STRUCTURES SHILL TAVERN AND PIPE T \ d LENGTHS MAY HAVE TO BE ADJUSTED TO ACCOMPUSH CONSTRUCTOR AS `/ E2 O p SHOWN ON THESE PLANS 3 I8.ALL EIEVATDNS SAWN HEREON REFER TO AGV,D. '4 OR 19.TIE CONTRACTOR STALL CAL SUNSHINE I-RI0-032-070 (TOLL FREE.48 HOURS BEFORE DIGGING FOR 110.0 LOCATION OF UNDER- FBI (ROUND UTUTES GJ M.AL UTILITY WORK SHALL BEN ACCORDANCE WAIL SEACOAST UTITY AUTHORITY ELN Q STANDARDS. 21.CONTRACTOR STALL COORDINATE AND VERFY ALL ADA ACCESS OAT SLOPES ILi zq PAW TO CONSTRUCTION. NOTIFY EN0NEER CP ANY LOCATIONS WERE O p, i SLOPES DO NOT MEET ADA REQUIREMENTS 22 CONTRACTOR SHALL COORDINATE d PREPARE EASEMENT DESCRIPTIONS AS REWIRED y BY GOVERNING UTUTY AUTHORITY.SKETCH A DESCRIPTION WALL BE PREPARED BY U PG e Fl A FLO EO REGISTERED SURVEYOR. W 23.ALL WORK BY THE CONTRACTOR CONTRACTOR SHALL SUBMIT AS-BOLT ��^�N m DRAWINGS PREPARED BY A FLw10A REGISTERED SURVEYOR TO THE V/1 V SATISFACTION CF ME GOVERNING AGENCIES. Z 24. UNMOOR UMOOR ANO BASE MATERIALS SHALL BE REMOVED FROM ME PLANTER Z F4 zU AREAS/SANDS AND RERACEO WM APPROPRIATE PLANTING SOIL PRIOR TO , LANDSCAPING CP THE SIT, d 25.PROVIDE ALTER 0.0M 111AP OF ALL PIPE JOINTS ONSIDE OF A a ER'ILTRATION TRENCH. :':1 Z.CONTRACTOR A FIRE SPINNER ENGINEER SHALL VERIFY 100 0 COCV LOCATIONS WIN FIFE MARSHAL PRIOR TO CONSTRUCTON 27.ALL HANDICAP ACCESSIBLE RAMPS SHALL MEET ALL APPLICABLE LOCAL,REACHA STATE AND FEDERAL ACCESSIBILITY COMITIES AND REGULATIONS.ANY NOTIFICATIONS SHALL BE APPROVED BY ME ENGINEER-OF-RECORD. 26.ALL STRUCTURE RIO ELEVATOR SHALL BE SET TO MISTED SURFACE GJRADE, UNLESS OTHERS.SPECIFICALLY NOTED ON ME RAN. 29.DENSITY TEST FOR TRENCHES SHALL BE TAKEN IN MAXIMUM ONE(I)FOOT LETS. MEASURED FROM ME ION CP PIPE.ME SET SHALL BE TAKEN.AT A MAXIMUM SPACING OF EVERY 10O FEET MEASURED FROM ME STRUCTURE,OR AT LEAST N� ONE TEST AT THE CENTER OP ME PIPE SEGMENT BETWEEN TWO STRUCTURES F LESS MAN 300 FEET TEST SHALL BE TAKEN,ON ALTERNATING SIDES CF ME STRUCTUHS NM EACH AFT TEST.TILE TEST LOCATOR AT THE STRUCTURE SHALL BE WITHIN FIVE(51 FEET OF ME STRUCTURE.ME LOCATION AND DEPTH OF ALL BWO0 TESTS SHALL BE CLEARLY INDICATED IN ME DESCRIPTION AREA ON ME TEST p REPORT MID/OR ON A LOCATOR MAP,WKH SHALL BE ATTACHED TO THE TEST GGGG REPORT.REQUIRED TESTING AT UTILITY STRUCTURES SHALL INCLUDE ALL MANHOLES. R INLETS,VAULTS.OR VALVES WMIN ANY PAVED AREA 2 DATE 1-29-09 DoT RPP DOG RC CRY RCS CADDEG 050 REV C2 SHEET TYPE SHEET 2 OP 2 JOB 0 05-060 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 18, 2009 MISC-09-04-000055 Resolution 50, 2009 SUBJECT/AGENDA ITEM Resolution 50, 2009: Prosperity Centre Planned Unit Development (PUD) Miscellaneous Sign Program Amendment Consideration for Approval: A request by Larry Presley, of Bell Sign, on behalf of Equity One Realty & Management FL, Inc., to revise the sign program to relocate signage on the CVS outparcel building of the Prosperity Centre PUD. The PUD is approximately 10.79 acres and is located along the south side of PGA Boulevard between Prosperity Farms Road and Kidd Lane. [X] Recommendation to APPROVE [ ] Recommendation i DENY Reviewed by: Originating Dept.: FINANCE:N/A PZAB Action: if Growth Management: [ ]Rec.approval City Attorney R.Max Loh .n, sq. Project Costs: $ N/A [X]Rec. app.w/conds. Manager Total [ ]Rec.Denial Development /l/ Martin Schneider, [ ] Continued to: Compliance l/ AICP $ N/A Bahareh Keshavarz-Wolfs, Planner Current FY AICP _Ati [X]Quasi—Judicial Funding Source: Planning Manager [ ]Legislative Natalie Wong, AICP [X]Public Hearing [ ]Operating [X]Other NA Growth Manage Attachments: Administrator Advertised: Kara L. Irwin, AICP [ ] Required • Project application, [X] Not Required Budget Acct.#: narrative Senior Accountantvcc1T N/A • Ordinance 32, 1988 Tresha Thomas • Resolution 90, 1993 • Resolution 23,2008 Approved By: • Previously approved City Manager building elevations Affected Parties: • Resolution 50,2009 I/• //ii, [ ]Notified • Proposed signage plans Ronald . F, is [X]Not Required and elevations Meeting Date: June 18,2009 MISC-09-04-000055 Resolution 50,2009 Page 2 of 4 EXECUTIVE SUMMARY The subject petition is a request for approval of a modification to the approved signage on the CVS building located within the Prosperity Centre Planned Unit Development (PUD). The request is to relocate the CVS sign from the south facing facade to the northern façade, and also to relocate and reduce the size of the Minute Clinic sign on the northern facade. The northern façade will provide signage along PGA Boulevard. The Applicant's proposed signs are consistent with the City's Land Development Regulations and previously granted signage waivers. No additional waivers are requested. Staff supports the Applicant's request. BACKGROUND On October 20, 1988, the City Council adopted Ordinance 32, 1988, which approved the development order for Prosperity Centre (PUD). Ordinance 32, 1988 was subsequently amended by Resolution 74, 1993, which approved modifications to the site, landscape and lighting plans. Three months later, the City Council adopted Resolution 90, 1993, which amended Ordinance 32, 1988, and approved uniform sign criteria, additional signage for the Barnes and Noble Building, and changes to the colors of the buildings and structures on-site. It also stated that major tenant signs were to be white. Furthermore, Exhibit "A" contained within Resolution 90, 1993, required that all other tenant signs (excluding the anchor tenants) were to be red. In 2008, CVS moved into the former Barnes and Noble building and submitted a revised sign program. Resolution 23, 2008, amended the signage criteria and design guidelines for the outparcel building by allowing federally registered tenants to utilize their corporate colors and logos. CVS was permitted to have three, red "CVS/pharmacy" signs on the east, west, and south elevations. The north elevation was permitted to have a blue "Minute Clinic" sign with a blue and red logo. Because Prosperity Centre and the CVS outparcel building are located within the PGA Corridor Overlay, there has been discussion about whether the CVS building constituted a "stand alone" pharmacy. While pharmacies are permitted in the PGA Overlay district, the code was amended by Ordinance 25, 2006, on September 12, 2006, so that stand alone pharmacies were no longer permitted to front on PGA Boulevard. However, this code change occurred after the applicant had applied for and received a building permit for the current CVS. LAND USE & ZONING The subject site has a zoning designation of General Commercial (CG-1)/Planned Unit Development (PUD) Overlay and Future Land-Use Map designation of Commercial (C). The site is located within the PGA Boulevard Corridor Overlay. The outparcel building is located adjacent to PGA Boulevard to the north, a gas station to the west, and the Prosperity Centre PUD to the east and south. Meeting Date:June 18,2009 MISC-09-04-000055 Resolution 50,2009 Page 3 of 4 COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) On April 16, 2009, the subject petition was submitted for review by Development Review Committee members. To date no objections have been received. SIGNAGE REQUEST The request is to relocate the "CVS/pharmacy" signage on the outparcel building from the south facing façade to the northern façade and also to relocate and reduce the size of the "Minute Clinic" sign on the northern facade. Signage on the northern façade will be visible from PGA Boulevard. The request will maintain the same number of signs (four) as the previous approval, and reduce the size of the accessory (Minute Clinic) sign from 18" channel letters to an 18" logo with 8" to 11" channel letters, for a total size of 12.18 sq. ft. The applicant's submission also showed a cream colored rectangle to be painted behind the Minute Clinic sign beneath the terra cotta colored arch on the north façade. The applicant has eliminated this request and agreed to paint all of the building archways cream color as recommended by the Planning, Zoning, and Appeals Board. The applicant states that having its major tenant signage and accessory signage located on PGA Boulevard will increase visibility and more effectively direct customers into the plaza. The proposed new signage will provide a CVS sign along PGA Boulevard. PROJECT DETAILS The requested sign program amendment does not change the number of signs approved for the outparcel building. It simply relocates one sign ("CVS/pharmacy") from the south to the north elevation, and removes the existing sign on the north elevation and relocates a reduced sign ("Minute Clinic") above the entrance on the tower façade on the north elevation. The proposed Minute Clinic sign (12.18 sq. ft.) does not exceed 5% of the frontage upon which it will be installed, and therefore meets code requirements for a ground floor tenant sign. In addition, the proposed sign is also smaller than the regular tenant signs allowed by the uniform sign criteria for Prosperity Centre (18" lettering or two lines of 12" lettering). The proposal actually lessens the waivers previously granted by maintaining the same number of signs, while reducing the size of one of the signs. (The remainder of this page left intentionally blank.) Meeting Date: June 18,2009 MISC-09-04-000055 Resolution 50,2009 Page 4 of 4 PLANNING, ZONING, AND APPEALS BOARD The Planning, Zoning, and Appeals Board (PZAB) reviewed the subject petition at a public hearing on May 12, 2009, and voted 7 to 0 to recommend approval to the City Council with a condition regarding the building color behind the proposed accessory ("Minute Clinic") sign on the north elevation. The PZAB recommended the following: • The applicant shall choose either to: a) eliminate the cream colored rectangle behind the proposed Minute Clinic sign on the north facade leaving it terra cotta; or b) paint the entire area beneath each of the building's arches cream color to create a consistent appearance. The applicant's response to PZAB's recommendation is to paint the entire area beneath each of the arches cream color, as shown in the proposed signage elevation drawings (attached). STAFF RECOMMENDATION Staff recommends approval of Resolution 50, 2009, with the following condition: 1. A separate building permit application is required for any approved new sign. In addition, engineered details demonstrating compliance with the wind provisions of FBC chapter 16 will be required. (Building Department). CITY OF PALM BEACH GARDENS DEVELOPMENT APPLICATION Planning and Zoning Division Growth Management Department CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 (561) 799-4243 Fax (561) 799-4281 Request: [Planned Community Development(PCD) DAnnexation ❑Planned Unit Development(PUD) ['Rezoning DAmendment to PCD,PUD or Site Nan ❑Site Plan Review [Conditional Use [Concurrency Certificate ['Amendment to the Comprehensive Plan []Time Extension Er dministrative Approval ®Miscellaneous dministrative Appeal ❑Other: Date Submitted: Project Name: CVS Pharmacy at Prosperity Centre Owner: Equity_One Address: 1600 NE Miami Gardens Drive Applicant(if not Owner): 13e11 Signs Applicant's Address: 1200 Bell Avenue Telephone No. 850-392-0803 Agent: Larry Presley Contact Person:,Holly Cornelius E-Mail: _hcornelius(ibellsigns.com__ Agent's Mailing Address: 1200 13e11 Avenue; Panama City,FL 32401 Agent's Telephone Number: 850-392-0803 . FOR OFFICE USE ONLY Petition Number: Date&Time Received: Fees CITY oftR i Application$ _ Engineering $ �_ _ t Receipt Number: PIlE F I A 1 i � �; � s:,tl ,lk`g` r Architect: Engineer: Planner: Site Information: Note: Petitioners shall submit electronic digital files of approved project. See attachment for details. Address: CVS Pharmacy(cry,Prosperity Centre:2480 PGA Blvd: Palm Beach Gardens FL 33410 Section: Township: Range: Property Control Number(s): Acreage: Current Zoning: CG1-PUD Request Zoning: Flood Zone Base Flood Elevation(I3FE)---to be indicated on site Current Comprehensive Plan Land Use Designation: Existing Land Use: Requested Land Use: Proposed Use(s) i.e.hotel,single family residence,etc.: Proposed Square Footage by Use: Proposed Number and Type of Dwelling Unit(s)i.e. single family,multifamily,etc. (if applicable): Justification 2 Information concerning all requests(attach additional sheets if needed.) {Section 78-46,Application Procedures, Land Development Regulations) 1. Explain the nature of the request: 1.)CVS Pharmacy is requesting a miscellaneous revision to the Resolution 90, 1993, which was an amendment to Ordinance 32, 1988. The request is as follows: A.) CVS Pharmacy is requesting to relocate the existing wall sign on the south elevation(24"CVS Pharmacy channel letter)to the north elevation. B.) CVS Pharmacy is requesting to remove the existing sign on the north elevation (18" Minute Clinic channel letter) to allow for the relocation of the 24"C VS Pharmacy channel letters C.) CVS Pharmacy is requesting a decrease in the size of the Minute Clinic channel letter to a custom 18" logo 8"Minute Clinic channel letter in it's new location. Sign to be installed over the entrance of the Minute Clinic between the architectural feature on the north elevation. (see attached elevations). D.) CVS Pharmacy is requesting to change the stucco color behind the minute clinic sign to match the existing crème color on other portions of the building. The colors of all signage to remain as they are today. (CVS Pharmacy-#2793 Cardinal Red;Minute Clinic—3630-337, Process Blue and the bottom left portion of the logo to remain 3630-53) Due to-this-share tenant-space not having signage on.PGA Blvd for CVS Pharmacy,the building is not branded well for the approaching motorists. Due to the existing landscaping the existin si rage does not provide adequate visibility to the location for approaching motorists. Granting this request would increase the visibility to both tenants sharing this building. 2. What will be the impact of the proposed change on the surrounding area?_N/A 3. Describe how the rezoning request complies with the City's Vision Plan and the following elements of the City's Comprehensive Plan -Future Land Use,Transportation, Housing, Infrastructure,Coastal Management, Conservation, Recreation and Open space, Intergovernmental Coordination and Capital Improvement: _N/A 4. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation(Section 78-301,Land Development Regulations)?_N/A 3 5. IIow will the proposed project comply with City requirements for Art in Public Places (Chapter 78261, Land Development Regulations)?__N/A 6. Has project received concurrency certification? Date received: Legal Description of the Subiect Property (Attach additional sheets if needed)Or see attached deed for legal description. Location Existing Shopping Center located at 2410 PGA Blvd;Palm Beach Gardens,FL 33408 The subject property is located approximately mile(s) from the intersection of , on the ❑north, [east,['south, ]west side of (street/road). Statement of Ownership and Designation of Authorized Agent Before me,the undersigned authority, personally appeared ken . who, being by me first duly sworn, on oath deposed and says: u 1. That he/she is the fee simple title owner of the property described in the attached Legal Description. 2. That he/she is requesting in the City of Palm Beach Gardens, Florida. 3. Th I /she has appointed to ae a' :ut •rized agent on his/her behalf to accomplish thee LiiSbtvbdlo I L&II 11ari,v.r,n. r, s,I. Ire Nam , • ne • �.• •+ _ .• . • ,hen t hiiquettc fir--.�v: ( ,t•m'fitr; --- ---- �1 P of __ -rt_L Signs e of owner By: Name/Title Street Address City, State,Zip Code l`>I p` �lfl --- P. O. Box City,State,Zip Code Telephone Number Fax Number Y-C—A teat . " A GILL I,U i L -Ki E-mail Ad ress Sworn and subscribed before m V day of \\ , 20 O 1 t.153ET'fk aONZALE2 ,' 0 ,L,- Notary Public = ; 5 Applicant's Certification I/We affirm and certify that 1/we understand and will comply with the land development regulations of the City of Palm Beach Gardens, Florida. I/WE further certify that the statements or diagrams made on any paper or plans submitted herewith are true to the best of my/our knowledge and belief. Further, I/we understand that this application, attachments,and application filing fees become a part of the official records of the City of Palm Beach Gardens, Florida, and are not returnable. Applicant is: Signature Applica Q Owner Larry Presley Print Name of Applicant [1 Optionee 1200 Bell Avenue Street Address [1 Lessee Panama City, FL 32401 City,State,Zip Code .®_A-gent 850-392-0726 Telephone Number Contract Purchaser 850-392-0826 Fax Number 1presley(c),bellsigns.com E-Mail Address 6 i AI Palm Beech Gardens Growth Management Department 10500 North Military Trail,Palm Beach Gardens,FL 33410 561-799-4230 ,, Permit# Financial Responsibility Form The owner understands that all City-incurred professional fees and expenses associated with the processing of this application request are ultimately the responsibility of the owner.A security deposit shall be deposited in an interest-bearing account with any accrued interest to be retained by the City of Palm Beach Gardens. The owner and/or designee shall be invoiced on a monthly basis for professional fees such as,but not limited to,consultant engineering services,legal services,advertising costs,and/or any other costs attributable to the processing of the permit for which the City incurred during the previous month.The owner and/or designee shall reimburse the City within thirty(30)days from date of invoice. If payment is not received,the City may utilize the security deposit for re-imbursement purposes. All activities related to the pending permit(s)will cease until any outstanding invoices are paid. The ownerld:1 .ne: furth.r understands that transfer of this responsibility shall require a completed f.j , ed d notarized by the responsible party,and delivered to the City Growth Manageme',Ts •: ,i e if the name and/or address of the responsible party changes at anytime during - . •pii• . on . . ew process. if: 1—'1 i ti) ) D 7 Owner i'natu - +` Date Owner printed name Property Control Number D IGNEE/BILL TO: , l \k & \LA c (:" ,! ' (lA , Designee ceptance Signature NOTARY ACKNOWLEDGEMENT STATE OF O COUNTY O L I h eb certify that the forming in trume as ackn fledged before me this w__ day of \ , 20�, by . He or she is personally knoiiii to me or has produced- ./-1-t% trt 1LY no,Yn as iden ' 11%•• . 1 \ \% �m-4`. A Nota Ta,lie •6,• 4.11110 Printed name 1 , State of ` at-large My Commission expires: �� `�`\?/ . ilik ;, LISSETTE GONZALEZ *. ;": MY COMMISSION#DD761600 --., EXPIRES February 24 2012 (407)399.0153 t=br,dallotarySe vow.com I i i >f ARCAD1S NNW wAR R AM IIF7q R J=EI • . • . • \ JUG _• # i • PGA BOULEVARD moo/• . 4,.2•44 WN/DAY - . 1- = .._.._.._.._.— = - i rIIIIIIIML — — — cn ■` I3 lltr = ,_ — _ = _AIllnlnI,l • W _ ]ja Ilflllll� j a A :1 — C VS/z. C I. j ROCiACOASTAL ME MILER OOOO Al = r In NM • a7¢nvangs.rnaa u ANt nu Mai qAR MM = = aNaarm — I nwElnrot II 1 j CEDARWOOD ..—..____..--.-1 i 2701 t MpA1p�Mf IL1O. - u/ j c • I I I I 111 I+i 1 130, = y j PAN namvra . — J NEVIONNOR I j (1111 bf I 41"R AAA i j �..N. _..._. ..__.J Airs n A Mwul _ _j" j_ - oAm 1-13-2002 IN 40 INIANINI a cuss PRELIMINARY SITE PLAN . . Aar MINIM 1 OVERALL STE PLAN corona I NSF mZAo r OdAO10= . ' CV /pharmacy 'ilfill i 1}IN 1 #5141 „,„ ........„:„..............„.. ..,,,., ,,,..........., , _ . . .. . , . _,.., . :: !.... PGA BOULEVARD .r. 44.10.44 1411/DAY ...... ..--. . ..-....-................""'' ...i.. , ,ViiNdiggiMOMMINt ......„441 .._...... , _. Atri %lb T. : : aki6.7.1 cn I; 1 .. 111111VAIII v. — - hr " : Ey MilleCIIII cc .- ,- I, J 01111dit _, . : .;'---- '---'--7--------- — ,_,...4.4 _l PP 1 1 rii, F_ ,. , • ik, - , .. , ... . , ; L; . . . . „.,..., -,2 I el_ . . - ma/ilk —11. (V : ..../ ...........1 i ' ,,,---';k-,,,;,14,.,- .'-''. r.,4/• ..,-,, „ , ,,--. - . . .43,, ,:4.1,,v,i;.,.-.....yr, -,,,,,..,..',..,,,Atixt'Aik31, - -- •,„ -, •. - , . -'s . . ' ' :- ,. ..... , ,,.. ,.,.. Vrims - '' . -4-P . . .• ' i,f . - • .'''' 0;fifte'4','; ''.2if; * . . • ' . , . ,' . . , „ --- 1 _* .-... 4111 BELL SIGNS, INC. . . . ..„ .,... ,.. . . - 1200 BELL AVE.,PANAMA arr.FL 32401 PHONE:650.763.7942 FAX 100.672.9564 • , )ctober 20, 1988 ORDINANCE 32, 1988 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, CREATING A PLANNED UNIT DEVELOPMENT ON CERTAIN LANDS LOCATED WITHIN THE CITY TO BE KNOWN AS "PROSPERITY CENTRE" WITH PERMITTED USES THEREOF TO BE AS DESIGNED IN CG-1 GENERAL COMMERCIAL DISTRICT, SAID LANDS BEING DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING FOR PAYMENT BY THE DEVELOPER THEREOF TO THE RECREATION BUILDING AND DEVELOP- MENT FUND ACCOUNT AND ROAD IMPROVEMENT FUND OF THE CITY AND METHOD OF PAYMENT; REQUIRING THAT . THE LANDS DESCRIBED IN EXHIBIT "A" SHALL BE DEVELOPED IN ACCORDANCE WITH THE SITE PLAN PREPARED BY MUDANO ASSOCIATES ARCHITECTS, INC., DATED JULY 12, 1988, DRAWING NO. 88-02, CON- SISTING OF FOUR (4) SHEETS AND ATTACHED HERETO AS EXHIBIT "A"; PROVIDING THAT PRIOR TO THE ISSUANCE OF THE FIRST BUILDING PERMIT THAT DEVELOPER POST EITHER A PERFORMANCE BOND, LETTER OF CREDIT OR ESCROW AGREEMENT TO GUAR- ANTEE ALL ON-SITE ROAD IMPROVEMENTS, DRAINAGE AND UTILITY IMPROVEMENTS; PROVIDING FOR A METHOD OF APPROVAL OF SIGNAGE; PROVIDING FOR UNITY OF TITLE; PROVIDING FOR METHOD OF AMENDMENT; PROVIDING THAT ANY ORDINANCE IN CONFLICT BE AND THE SAME IS HEREBY REPEALED; , AND, FURTHER, PROVIDING FOR AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. A Planned Unit Development be and the same is hereby created upon the land known as "PROSPERITY CENTRE" located within the City of Palm Beach Gardens, Florida, and more par- ticularly described in Exhibit "A" attached hereto and made a part hereof. The permitted usage shall be and the same is hereby designated as those uses set forth in CG-I General Commercial District, City of Palm Beach Gardens Code. The sale of alcoholic beverages, under a SRX License or any subsequent designation, in the use of the premises is hereby approved. A variance to the distance requirements to the City of Palm Beach Gardens Code between premises upon which alcoholic beverages are sold is hereby granted. Section 2. Attached hereto and made a part hereof is a Site Plan and Landscape Plan, dated July 12, 1988, prepared by Mudano Associates Architects, Inc., Drawing No.88-02, consisting of six (6) sheets, and attached hereto as Exhibit "B". "PROSPERITY CENTRE" shall be developed in accordance with said plans. Further, required materials usage is attached as Exhibit "E". Section 3. The Petitioner shall pay to the City of Palm Beach Gardens, Florida, impact fees as hereinafter designated together with amounts of monies and time of payment. (a) Recreation Building and Development Fund Account in the total sum of $37,145.00. The method of payment of these monies shall be as follows: (1) The sum of $I8,572.50 shall be due at the time of hotel and/or associated retail building permit shall be issued as shown on the plans. (2) The sum of $18,572.50 shall be due and payable at the time of the issuance of the Certifi- cate of Occupancy for the hotel and/or associated retail. (b) Road Improvement Fund in the total sum of $207,555.00. The method of payment of these monies shall be as follows: (1 ) The sum of $103, 777.50 shall be due at the time the hotel and/or associated retail buidling permit shall be issued as shown on the plans. (2) The sum of $103, 777.50 shall be due and pay- able at the time of the issuance of the Certificate of Occupancy for the hotel and/or associated retail. Section 4. No Building Permit shall be issued until the drainage and paving plans for development of the Planned Unit Development shall be approved by the City Engineer and all other building requirements of the Palm Beach Gardens Code and require- ments of other governmental agencies shall be met. Section 5. A performance bond, letter of credit, or escrow agreement shall be posted with the City of Palm Beach Gardens in requisite form approved by the City Manager in the sum to be established as the sum of money necessary to evidence Petitioner's pro-rata share to assure construction of on-site and off-site paving, -2- drainage and utility improvements pertaining to said Planned Unit Development (including Petitioner's pro-rata share of P.G.A. Boulevard median improvements as shown on Exhibit "D" and improve- ments to Floral Lane) , prior to the issuance of a Building Permit. 4 Section 6. Signage, both temporary and permanent, and any amendments to the Landscape Plan approved hereby, in the event necessary, shall be reviewed and approved by the City Council by subsequent Resolution. The intervention or review of the Planning and Zoning Commission or the Site Plan Reivew Committee shall not be required, nor shall a public hearing or publication in a newspaper of general circulation be required prior to the adoption of such Resolution. Section 7. Petitioner, prior to the issuance of the hotel or retail space Building Permit, shall deliver to the City a Unity of Title in requisite form to be approved by the City Attorney, to the lands described in Exhibit "A". Section 8. All phases of development in the newly created Planned Unit Development shall be completed within five (5) years from the effective date hereof, and the owner/developer may obtain extensions for good cause shown by approval of subsequent Ordinances. Section 9. All references to Petitioner and/or Developer, together with all requirements provided herein, shall apply to and be binding upon its successors and assigns. Section 10. The Prosperity Centre Planned Unit Development shall be subject to the restrictions set forth on Exhibit "C" attached hereto and incorporated herein. Section 11. If any part or portion of this Ordinance are found to be void or defective, the remainder of the Ordinance shall not be affected. Section 12. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. -3- Section 13. This Ordinance shall be effective upon date of passage. PLACED ON FIRST READING THIS 15th DAY OF SEPTEMBER, 1988. PLACED ON SECOND READING THIS 090 tA DAY OF (PL''��411� , 1988. PASSED AND ADOPTED THIS ooO DAY OF ( ealE/� , 1988. YOR COUNCILWOMAN c‘. 4))1 /1/1/;. ,. VICE-MAYOR COUNCILMAN ATTEST: CZO-ld:a COUNCILMAN : APPROVED AS TO FORM AND LEGAL SUFFICIENCY CITY ATTORNEY EXHIBIT "A" PARCEL 1: A PARCEL OF LAND IN A PORTION OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 5 (SAID CORNER BEING IN THE CENTERLINE OF RIGHT-OF-WAY OF • P.G.A. BOULEVARD AS NOW LAID OUT AND IN USE) : THENCE RUN SOUTH 88' 27' 06" EAST ALONG THE CENTERLINE OF P.G.A. BOULEVARD AND EAST-WEST QUARTER SECTION LINE OF SAID SECTION 5, A DISTANCE OF 468.84 FEET TO A POINT; THENCE RUN SOUTH 1' 27' 22" WEST A DISTANCE OF 40.0 FEET TO A POINT IN THE SOUTHERLY RIGHT-OF-WAY LINE OF P.G.A. BOULEVARD AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE RUN SOUTH 88' 27' 06" EAST ALONG THE SAID SOUTHERLY RIGHT-OF-WAY LINE OF P.G.A. BOULEVARD A DISTANCE OF 502.21 FEET: THENCE SOUTH 00' 24 ' 48" WEST A DISTANCE OF 185.00 FEET TO A POINT; SAID POINT BEING IN THE NORTH RIGHT-OF-WAY LINE OF FREDRICKSON LANE, AS PROPOSED: THENCE NORTH 89' 45' 56" WEST ALONG THE SAID NORTH RIGHT-OF-WAY LINE A DIS- TANCE OF 505.72 FEET: THENCE NORTH 1' 27' 48" EAST A DISTANCE OF 196.56 FEET TO THE POINT OF BEGINNING. • PARCEL 2; " +� A PARCEL OF LAND IN A PORTION OF THE SOUTHEAST QUARTER OF SECTION 5. TOWNSHIP 42 SOUTH. RANGE 43 EAST. PALM BEACH COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; • COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 5 (SAID CORNER BEING IN THE CENTERLINE OF RIGHT-OF-WAY OF P.G.A. BOULEVARD AS NOW LAID OUT AND IN USE); THENCE RUN SOUTH 88' 27' 06" EAST ALONG THE CENTERLINE OF SAID P.G.A. BOULEVARD AND EAST- WEST QUARTER SECTION LINE OF SAID SECTION 5, A DISTANCE OF 118.84 FEET TO A POINT BEING IN THE NORTHERLY EXTENSION OF THE EASTERLY RIGHT-OF-WAY LINE OF PROSPERITY FARMS ROAD AS NOW LAID OUT AND IN USE; THENCE RUN SOUTH 1' 27' 22" WEST A DISTANCE OF 60.04 FEET TO A POINT IN THE EASTERLY RIGHT-OF-WAY LINE OF SAID PROPSERITY FARMS ROAD; THENCE CONTINUE SOUTH 1' 27' 22" WEST ALONG THE EASTERLY RIGHT- OF-WAY LINE PF SAID PROSPERITY FARMS ROAD A DISTANCE OF 179.96 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE RUN SOUTH 88' 27' 06" EAST A DISTANCE OF 200.00 FEET TO A POINT; THENCE RUN SOUTH 89' 4S' 56" EAST A DISTANCE OF 655.72 FEET TO A POINT IN THE WEST LINE AND 60.00 FEET NORTH OF THE SOUTHWEST CORNER OF LOT 14, ACCORDING TO THE PLAT OF PIRATES COVE, AS RECORDED IN PLAT BOOK 25, PAGE 197, PALM BEACH COUNTY, FLORIDA; THENCE RUN SOUTH 88' 27' 06" EAST ALONG A LINE 60 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 14 A DISTANCE OF 112.00 FEET TO A POINT IN THE WESTERLY RIGHT-OF-WAY LINE OF KIDD LANE AS SHOWN IN THE PLAT OF SAID PIRATES COVE, THENCE RUN SOUTH 0' 24' 48" WEST ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID KIDD LANE A DISTANCE OF 60.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 141 THENCE RUN NORTH 88' 27' 06" WEST ALONG THE SOUTH LINE OF SAID LOT 14 A DISTANCE OF 112.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 14; THENCE RUN SOUTH 00' 24' 48" WEST ALONG THE WEST LINES OF LOTS 11 THROUGH 13. ACCORDING TO THE PLAT OF SAID PIRATES COVE A DISTANCE OF 386.37 FEET TO THE SOUTHWEST CORNER OF SAID LOT 11 AND NORTHEAST CORNER OF LOT 9, SAID PIRATES COVE: THENCE RUN NORTH 88' 21' 59" WEST ALONG THE NORTH LINE OF LOTS 9 THROUGH 10 OF SAID PIRATES COVE, A DISTANCE OF 326.63 FEET TO THE NORTHWEST CORNER OF SAID LOT 101 THENCE RUN NORTH 0' 41' 06" EAST A DISTANCE OF 210.05 FEET TO A POINT IN A LINE 210 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 51 THENCE RUN NORTH 88' 21' 59" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 334.24 FEET TO A POINT; THENCE RUN NORTH 1' 27' 22" EAST A DISTANCE OF 160.24 FEET TO A POINT; THENCE RUN NORTH 88' 27' 06" WEST A DISTANCE OF 200.00 FEET TO A POINT IN THE EASTERLY RIGHT OF WAY LINE OF SAID PROSPERITY FARMS ROAD; THENCE RUN NORTH 1' 27' 22" EAST ALONG THE EASTERLY RIGHT-OF- WAY LINE OF SAID PROSPERITY FARMS ROAD A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. • PARCEL 3; THE SOUTH 80 FEET OF LOT 11 , PIRATES COVE, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY. FLORIDA, RECORDED IN PLAT BOOK 25, PAGE 197. 2 PARCEL 4; A PARCEL OF LAND IN A PORTION OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 5 (SAID CORNER BEING IN THE CENTERLINE OF RIGHT-OF-WAY OF P.G.A. BOULEVARD AS NOW LAID OUT AND IN USE) ; THENCE RUN SOUTH 88' 27' 06" EAST ALONG THE CENTERLINE OF SAID P.G.A. BOULEVARD AND EAST- WEST QUARTER SECTION LINE OF SAID SECTION 5, A DISTANCE OF 118.84 FEET TO A POINT BEING ON THE NORTHERLY EXTENSION OF THE EASTERLY RIGHT-OF-WAY LINE OF PROSPERITY FARMS ROAD AS NOW LAID OUT AND IN USE; THENCE RUN SOUTH 1 27' 22" WEST A DISTANCE OF 60.04 FEET TO A POINT IN THE EASTERLY RIGHT-OF-WAY LINE OF SAID PROSPERITY FARMS ROAD; THENCE CONTINUE SOUTH 1' 27' 22" WEST ALONG THE EASTERLY RIGHT- OF-WAY LINE OF SAID PROSPERITY FARMS ROAD A DISTANCE OF 239.96 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; SAID POINT OF BEGINNING ALSO BEING IN THE SOUTHERLY RIGHT-OF-WAY LINE OF A PROPOSED 60 FEET ROAD RIGHT-OF-WAY; THENCE CONTINUE ALONG THE PRECED- ING DESCRIBED COURSE A DISTANCE OF 159.94 FEET TO A POINT IN THE EASTERLY RIGHT-OF-WAY LINE OF SAID PROSPERITY FARMS ROAD. SAID POINT ALSO BEING IN A LINE 210 FEET NORTH OF AND PARALLEL WITH (WHEN MEASURED AT RIGHT ANGLES TO) THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 5; THENCE RUN SOUTH 88' 21 ' 59" EAST ALONG SAID PARALLEL LINE A DISTANCE OF 200.00 FEET TO A POINT; THENCE RUN NORTH 1' 27' 22" EAST A DISTANCE OF 160.00 FEET TO A POINT IN THE SOUTHERLY RIGHT-OF-WAY LINE OF THE SAID PROPOSED 60 FEET ROAD RIGHT-OF-WAY; THENCE RUN NORTH 88' 27' 06" WEST ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID PROPOSED ROAD A DISTANCE OF 200 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. PARCEL 5; A PARCEL OF LAND IN SECTION 5, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT A POINT IN THE NORTH LINE OF THE SOUTH 210 FEET OF THE NORTHWEST QUARTER (NW :) OF THE NORTHWEST QUARTER (NW 4 ) OF THE SOUTH- EAST QUARTER (SE lf ) OF SAID SECTION 5, AT A DISTANCE OF 355.63 FEET EASTERLY, MEASURED ALONG SAID NORTH LINE FROM THE ULTIMATE EAST RIGHT- OF-WAY LINE OF PROSPERITY FARMS ROAD AS SHOWN ON RIGHT-OF-WAY MAP ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF PALM BEACH COUNTY. FLORIDA; THENCE EASTERLY ALONG SAID NORTH LINE A DISTANCE OF 178.59 FEET, MORE OR LESS, TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER (NW 1/4 ) OF THE NORTHWEST QUARTER (NW 1 ) OF THE SOUTHEAST QUARTER (SE k ) OF SAID SECTION 5; THENCE SOUTHERLY ALONG SAID EAST LINE A DISTANCE OF 105 FEET; THENCE WESTERLY PARALLEL TO THE NORTH LINE A DISTANCE OF 180.08 FEET; THENCE NORTHERLY, A DISTANCE OF 105 FEET TO THE POINT OF BEGINNING. SUBJECT TO AN EASEMENT FOR ROAD PURPOSES OVER THE SOUTHERLY 15 FEET THEREOF, AND TO AN EASEMENT FOR PUBLIC UTILITIES OVER THE NORTHERLY SIX FEET THEREOF. TOGETHER WITH AN EASEMENT FOR ROAD PURPOSES AND FOR INGRESS AND EGRESS OVER THE NORTH 30 FEET OF THE SOUTH 120 FEET OF THE NORTHWEST QUARTER (NW 1) OF THE IJOPTHWEST CtARTER (NW L ) OF THE SOUTHEAST QUARTER (SE i ) OF SAID SECTION 5. 3 August 2.1993 August 5, 1993 August 19,1993 September 1,1993 RESOLUTION 90, 1993 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING ORDINANCE 32, 1988, AND AS AMENDED BY APPROVING SIGNAGE FOR TENANTS & SITE; AND CHANGE IN COLORS OF BUILDINGS AND OTHER STRUCTURES;AND, FINDING THAT AMENDMENTS ARE MINOR IN NATURE; AND PROVIDING FOR THE REPEAL OF ORDINANCES AND RESOLUTIONS OR PARTS THEREOF IN CONFLICT HEREWITH;AND PROVIDING FOR AN EFFECTIVE DATE. BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. Ordinance 32, 1988, and as amended, is hereby further amended to approve signage for tenants and site, and colors of structures In accordance with the plans and uniform signage criteria on file In the Planning and Zoning Department as follows: Ground Signs 1. July 14,1993 ground sign elevation plan prepared by Signcraft. Consisting of 1 sheet. 2. July 15, 1993 ground sign elevation plan prepared by Signcraft. Consisting of 1 sheet. 3. Ground Sign Location Plan submitted by Jeff Lis on July 19. 1993. Consisting of 1 sheet. 4. July 19, 1993 Sign Landscape Plan prepared by Blakely&Associates. Consisting of 1 sheet. Tenant Signage 1. May 17,1993 Office Depot signage plan by Peninsular Sign Co. Consisting of 1 sheet. 2. February 1E.,1993 Sears Homelife signage plans by Bergmeyer. Consisting of 1 sheet. 3. February 23, 1993 T.J. Maxx signage plans and north elevations by Catalfumo Companies Four sheets. 4. Undated Barnes&Noble Signage plans by Craig Neon, Inc. Two sheets. 5. Undated elevations with color chips submitted by Jeff Us on July 19, 1993. Approved Colors White- Benjamin Moore#01 Beige- Benjamin Moore#1088 Off-White- Benjamin Moore#72 A copy of the Uniform Sign Criteria for Tenants is attached hereto as Exhibit'A'. A copy of the Sign Criteria for Sears Homelife is attached hereto as Exhibit"B". A copy of the Sign Criteria for Barnes&Noble is attached hereto as Exhibit"C". Section 2, The amendments contained herein are minor in nature and shall not require the Intervention of the Planning and Zoning Commission and shall not require newspaper required publication of hearing hereon. Section 3, All Ordinances or Resolutions or parts thereof In conflict herewith are hereby repealed. Section 3. This Resolution shall be effective upon date of passage. INTRODUCED,PASSED AND ADOPTED THIS THEAf gAY OF DEPT BER,1993 /ti ' f �✓ $EP}I-Ff.RUSSO,MAYOR ATTEST: t UNDA V. KOSIER,CMC,CITY CLERK VOTE: AYE MAY ABSENT MAYOR RUSSO ✓ _ VICE MAYOR MONROE COUNCILMAN JABUN _ COUNCILWOMAN FURTADO v _ _ • COUNCILMAN CLARK v _ EXHIBIT "A" UNIFORM SIGN CRITERIA ALL TENANT SIGNAGE PROSPERITY CENTRE Location of Signage-Signage locations for the major tenants in the center,i e Sears Homelife,Office Depot,T J Maxx and Barnes and Noble shall be consistent with the legend on SignCraft Drawing#2936,with the exception that Barnes and Noble will be permitted a third sign on the west elevation of their building Local Retail Tenant signage, i.e Prezzo,Texarado Steakhouse,Prosperity Cleaners,Remax Real Estate,etc shall be located on the front(north)facade of Retail Building"A"(and in the case of Prezzo the north and west facade with a west entrance into the Prezzo space)of Retail Building"A" as depicted on Drawing#2936 Size of Tenant's Sign-All tenant signs shall meet the sign code requirements of the City of Palm Beach Gardens as to overall size vs height and length of building facade See item #9 below for size requirements for all tenant signs except Sears,TJ Maxx,Office Depot and Barnes and Noble The size of signs for Sears,TJ Maxx,Office Depot and Barnes and Noble appear on the sign specification drawings and specifications attached hereto Drawings-All proposed signs must be submitted to Prosperity One,Inc managing general partner for Prosperity Center Associates,Ltd for approval prior to submittal to the City of Palm Beach Gardens for sign permits Type of Sign-All Tenant's sign(s)except Sears Homelife and Barnes and Noble(see attached sign specifications for Sears and Barnes and Noble)shall consist of Translucent #2283 Red Channel Lettering with the following specifications 1) 0 187 Acrylic(Plexiglas)#2283 Translucent Red Faces 2) 0 40 Baked Aluminum Letter with 0 40 Aluminum letter backing 3). Letter walls to be Centari(or equal)Automotive Finish to match Benjamin Moore #1068 paint color on building walls 4) Letter interiors to be painted white 5) White Jewelite Trim for Retaining Acrylic Faces 6) 15 min.30 MA Clear Red Neon Tubing(for illumination) 7) All wiring and ballasts to be hidden from view with transformers behind facade wall,with covered enclosure painted the same color as the building wall 8) No raceways permitted on signs 9) Letter style for all tenants except Sears,TJ Maxx,Barnes and Noble and Office Depot shall be one line of 18"Helvetica Lettering,or two lines of 12"Helvetica Lettering Sears,Ti Maxx, Office Depot and Barnes and Noble will be permitted to use individual distinctive"logo"style lettering as shown on the attached sign specifications 4.till Il, 4 EXHIBIT "B" -- Sears Homelife Location of Signage-Sears signage locations shall be on the north and west elevations of the building The north elevation faces PGA Blvd.and west elevation has entry doorway for the store. • Size of Tenant's Sign-All tenant signs shall meet the sign code requirements of the City of Palm Beach Gardens as to overall size vs height and length of building facade. Drawings-All proposed signs must be submitted to Prosperity One,Inc managing general partner for Prosperity Center Associates,Ltd for approval prior to submittal to the City of Palm Beach Gardens for sign permits. Type of Sign-To be Translucent White Channel Lettering with the following specifications: 1). 0.187 Acrylic(Plexiglas) Translucent White Faces 2) 0 40 Baked Aluminum Letter with 0 40 Aluminum letter backing 3). Letter walls to be Centari(or equal)Automotive Finish(White) 5). White Jewelite Trim for Retaining Acrylic Faces 6). 15 mm.30 MA Clear White Neon Tubing(for illumination) 7). All wiring and ballasts to be hidden from view with transformers behind facade wall,with covered enclosure painted the same color as the building wall. 8). No raceways permitted on signs 9). Letter style to be as shown on attached drawings et6'P ,5 *A. z • ti EXHIBIT "C" Barnes and Noble Location of Signage-Barnes and Noble is requesting sign locations on their north(PGA Blvd.),east(entryway doors),and west(Prosperity Farms Road)elevations Size of Tenant's Sign-All tenant signs shall meet the sign code requirements of the City of Palm Beach Gardens as to overall size vs.height and length of building facade Drawings-All proposed signs must be submitted to Prosperity One,Inc.managing general partner for Prosperity Center Associates,Ltd.for approval prior to submittal to the City of Palm Beach Gardens for sign permits. Type of Sign-To be Translucent White Channel Lettering with the following specifications: 1). 0.187 Acrylic(Plexiglas) Translucent White Faces 2). 0 40 Baked Aluminum Letter with 0.40 Aluminum letter backing 3). Letter walls to be Centari(or equal)Automotive Finish(White) 5) Green Jewe ite Trim for.Retaining Acrylic Faces 6). 15 mm.30 MA Clear White Neon Tubing(for illumination) 7). All wiring and ballasts to be hidden from view with transformers behind facade wall,with covered enclosure painted the same color as the building wall 8). No raceways permitted on signs 9). Letter style to be as shown on attached drawings my IS °`,al ewe ntina Date Prepared: February 16, 2008 As Amended by City Council: March 20,2008 1 RESOLUTION 23, 2008 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 4 BEACH GARDENS, FLORIDA AMENDING THE SIGNAGE 5 CRITERIA AND DESIGN GUIDELINES FOR THE OUTPARCEL 6 BUILDING BY ALLOWING FEDERALLY REGISTERED TENANTS • 7 TO UTILIZE THEIR CORPORATE COLORS AND LOGO FOR 8 PROSPERITY CENTRE PLANNED UNIT DEVELOPMENT (PUD), 9 GENERALLY BOUNDED BY PGA BOULEVARD TO THE NORTH, 10 PROSPERITY FARMS ROAD TO THE WEST, AND KIDD LANE TO 11 THE EAST, AS DESCRIBED MORE PARTICULARLY HEREIN; 12 AND PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, on October 20, 1988, the City Council adopted Ordinance 32, 1988, 15 thereby approving the master site plan for the Prosperity Centre Planned Unit 16 Development (PUD); and 17 18 WHEREAS, on December 7, 1989, the City Council adopted Ordinance 32, 19 1989, thereby amending the master site plan by deleting the use of a hotel complex, 20 and in lieu thereof, permitting office and retail use; and 21 22 WHEREAS, on April 5, 1990, the City Council adopted Resolutions 41, 42 and 23 43, 1990, which approved a minor site plan amendment to the restaurant out parcel for 24 modifications to the design and colors of the building; and 25 26 WHEREAS, on April 16, 1992, the City Council adopted Resolution 35, 1992, 27 thereby amending the master site plan by deleting the restaurant use located on the out 28 parcel and approved modifications to landscape and lighting plans for the site; and 29 30 WHEREAS, on May 21, 1992, the, City Council approved the transference of the 31 master site plan and conditions of approval, previously approved by Ordinance 32, 32 1988, to Resolution 43, 1992; and 33 34 WHEREAS, on May 6, 1993, the City Council adopted Resolution 50, 1993, 35 which approved the art in public places for the site; and 36 37 WHEREAS, on September 2, 1993, the City Council adopted Resolution 90, 38 1993, which approved the signage and design guidelines for tenants located within the 39 shopping plaza and the out parcel building; and 40 41 WHEREAS, the City has received a request (MISC-07-12-000038) from Mr. 42 Larry Presley of Bell Sign, on behalf of Equity One, Inc., to amend the Prosperity Centre 43 PUD to allow for modifications to the tenant signage and design guidelines contained in 44 Resolution 90, 1993, to remove the requirements that all tenant signage consist of the 45 color white; and 46 Date Prepared: February 16, 2008 Resolution 23,2008 1 WHEREAS, the subject site is zoned General Commercial-1 Planned Unit 2 Development (CG-1/PUD) and has a future land-use designation of Commercial (C); 3 and 4 5 WHEREAS, the Growth Management Department has reviewed the application 6 and has determined that it is sufficient; and 7 8 WHEREAS, the Planning, Zoning, and Appeals Board reviewed the petition at its 9 February 26, 2008, meeting and recommended its approval by a vote of 7-0; and 10 11 WHEREAS, the City Council has considered the evidence and testimony 12 presented by the Applicant and other interested parties and the recommendations of the 13 various City of Palm Beach Gardens review agencies and staff; and 14 15 WHEREAS, the City Council has deemed approval of this Resolution to be in the 16 best interest of the citizens and residents of the City of Palm Beach Gardens. 17 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 20 OF PALM BEACH GARDENS, FLORIDA that: 21 22 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 23 24 SECTION 2. The miscellaneous application from Bell Sign, on behalf of Equity 25 One Inc., for the Prosperity Centre PUD is hereby APPROVED on the following 26 described real property: 27 28 LEGAL DESCRIPTION: 29 30 A PARCEL OF LAND IN A PORTION OF THE SOUTHEAST QUARTER OF SECTION 31 5, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, 32 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 33 34 COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER 35 OF SECTION 5 (SAID CORNER BEING IN THE CENTERLINE OF THE RIGHT-OF- 36 WAY OF PGA BOULEVARD AS NOW LAID OUT AND IN USE); THENCE RUN 37 SOUTH 88°27'06" EAST ALONG THE CENTERLINE OF SAID PGA BOULEVARD 38 AND EAST/WEST QUARTER SECTION LINE OF SAID SECTION 5, A DISTANCE OF 39 119.26 FEET TO A POINT BEING THE NORTHERLY EXTENSION OF THE 40 EASTERLY RIGHT-OF-WAY LINE OF PROSPERITY FARMS ROAD AS NOW LAID 41 OUT AND IN USE; THENCE RUN SOUTH 01°30'59" WEST A DISTANCE OF 60.04 42 FEET TO A POINT IN THE EASTERLY RIGHT-OF-WAY LINE OF SAID PROSPERITY 43 FARMS ROAD, THENCE CONTINUE SOUTH 01°30'59" WEST ALONG THE 44 EASTERLY RIGHT-OF-WAY LINE OF SAID PROSPERITY FARMS ROAD; A 45 DISTANCE OF 307.32 FEET TO THE POINT OF BEGINNING OF THE 46 HEREINAFTER DESCRIBED PARCEL OF LAND. 2 Date Prepared: February 16, 2008 Resolution 23, 2008 1 FROM SAID POINT OF BEGINNING THENCE CONTINUE SOUTH 01°30'59" WEST, 2 A DISTANCE OF 197.56 FEET TO THE NORTH LINE OF THE SOUTH 105.00 FEET 3 OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE 4 SOUTHEAST QUARTER OF SAID SECTION 5; THENCE SOUTH 88°21'59" EAST, 5 ALONG SAID NORTH LINE, A DISTANCE OF 266.55 FEET TO A POINT; THENCE 6 SOUTH 01°38'01" WEST, DEPARTING FROM SAID NORTH LINE A DISTANCE OF 7 105.03 FEET TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE 8 NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 5; 9 THENCE SOUTH 88°21'59" EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 10 186.40 FEET TO A POINT; THENCE SOUTH 00°40'46" WEST, A DISTANCE OF 11 102.24 FEET TO A POINT; THENCE SOUTH 88°20'42" EAST, A DISTANCE OF 84.00 12 FEET TO A POINT; THENCE NORTH 00°40'46" EAST, A DISTANCE OF 102.27 FEET 13 TO THE NORTHEAST CORNER OF A PLAT OF SURVEY RECORDED IN PLAT 14 BOOK 24, PAGE 87, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; 15 THENCE SOUTH 88°21'59" EAST, ALONG THE NORTH LINE OF LOTS 9 AND 10 16 AND THE WESTERLY PROLONGATION THEREOF, ACCORDING TO THE PLAT OF 17 PIRATES COVE, AS RECORDED IN PLAT BOOK 25, PAGE 197, PUBLIC RECORDS 18 OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 327.63 FEET TO THE 19 WESTERLY RIGHT-OF-WAY LINE OF WEST TEACH ROAD, THE NORTHEAST 20 CORNER OF SAID LOT (AND THE SOUTHWEST CORNER OF LOT 11, 21 ACCORDING TO SAID PLAT OF PIRATES COVE; THENCE NORTHEASTERLY 22 ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHEAST, BEING THE 23 WESTERLY RIGHT-OF-WAY LINE OF SAID WEST TEACH ROAD, HAVING A 24 RADIUS OF 194.22 FEET, A RADIAL BEARING AT THIS POINT OF SOUTH 76°57'51" 25 EAST, THROUGH A CENTRAL ANGLE OF 26°1021" AN ARC DISTANCE OF 88.72 26 FEET TO THE TERMINUS OF SAID CURVE; THENCE NORTH 88°2T06" WEST, 27 ALONG A NON-TANGENT LINE PARALLEL WITH THE NORTH LINE OF SAID LOT 28 11, A DISTANCE OF 38.16 FEET TO A POINT 80.00 FEET NORTHERLY ALONG 29 SAID WEST LINE FROM THE SOUTHERLY CORNER OF LOT 11; THENCE NORTH 30 00°24'48" EAST, ALONG THE WEST LINE OF LOTS 11 THROUGH 13, ACCORDING 31 TO SAID PLAT OF PIRATES COVE, A DISTANCE OF 306.37 FEET TO THE SOUTH 32 LINE OF LOT 14; THENCE SOUTH 88°27'06" EAST ALONG THE SOUTH LINE OF 33 SAID LOT 14, A DISTANCE OF 112.00 FEET TO THE WESTERLY RIGHT-OF-WAY 34 LINE OF KIDD LANE, ACCORDING TO SAID PLAT OF PIRATES COVE; THENCE 35 NORTH 00°24'48" EAST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 36 170.00 FEET TO THE SOUTH LINE OF SAID LOT 16; THENCE NORTH 88°27'06" 37 WEST ALONG SAID SOUTH LINE, A DISTANCE OF 112.00 FEET TO THE 38 SOUTHWEST CORNER OF SAID LOT 16; THENCE NORTH 00°24'48" EAST, ALONG 39 SAID WEST LINE OF LOT 16, A DISTANCE OF 72.05 FEET TO THE SOUTHERLY 40 RIGHT-OF-WAY LINE OF PGA BOULEVARD AS RECORDED IN ROAD PLAT BOOK 41 5, PAGE 189, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE 42 NORTH 89°57'13" WEST ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 423.64 43 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH, HAVING A 44 RADIUS OF 11,513.16 FEET AND A CENTRAL ANGLE OF 01°08'19"; THENCE 45 WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 228.80 FEET TO 46 THE TERMINUS OF SAID CURVE; THENCE DEPARTING FROM SAID RIGHT-OF- 3 Date Prepared: February 16, 2008 Resolution 23, 2008 1 WAY LINE ALONG A NON-TANGENT LINE, SOUTH 01°30'59" WEST, A DISTANCE 2 OF 182.19 FEET TO A POINT; THENCE NORTH 88°27'06" WEST A DISTANCE OF 3 195.00 FEET TO A POINT; THENCE SOUTH 01°30'59" WEST, A DISTANCE OF 4 35.94 FEET TO A POINT; THENCE SOUTH 04°38'46" WEST A DISTANCE OF 91.58 5 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF PROSPERITY FARMS ROAD 6 AND THE POINT OF BEGINNING. 7 8 TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER AND 9 ACROSS THE NORTH 15 FEET OF THE PLAT OF PROSPERITY GARDENS, 10 SHOWN THEREON AS FLORAL LANE, AS RECORDED IN PLAT BOOK 52, PAGES 11 94 AND 95, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND AS 12 DESCRIBED IN OFFICIAL RECORDS BOOK 7670, PAGES 1370 THROUGH 1373, 13 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 14 15 LESS THE FOLLOWING DESCRIBED PARCELS OF LAND: 16 17 PARCEL 103 (OFFICIAL RECORDS BOOK 9215 PAGE 1610) 18 19 A CERTAIN PARCEL OF LAND IN THE NORTHWEST ONE QUARTER (NW 1/4) OF 20 THE SOUTHEAST ONE QUARTER (SE 1h) OF SECTION 5, TOWNSHIP 42 SOUTH, 21 RANGE 43 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, 22 FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 23 24 COMMENCING AT THE INTERSECTION OF A LINE PARALLEL WITH AND 240.00 25 FEET SOUTHERLY AT, AS MEASURED AT RIGHT ANGLES TO THE NORTHERLY 26 LINE OF SAID SOUTHEAST ONE QUARTER (SE A) OF SECTION 5 WITH A LINE 27 PARALLEL WITH AND 195.02 FEET EASTERLY OF, AS MEASURED AT RIGHT 28 ANGLES TO THE PROPOSED EASTERLY RIGHT-OF-WAY LINE OF PROSPERITY 29 FARMS ROAD ACCORDING TO THE PALM BEACH COUNTY RIGHT-OF-WAY MAP, 30 DRAWING NO. 86155; RUN THENCE NORTH 01°05'19" EAST ALONG SAID 31 PARALLEL LINE, A DISTANCE OF 170.00 FEET TO THE POINT OF BEGINNING OF 32 THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE NORTH 01°05'19" EAST 33 ALONG SAID PARALLEL LINE, A DISTANCE OF 12.23 FEET TO A POINT IN THE 34 EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF PGA BOULEVARD (STATE ROAD 35 94) ACCORDING TO ROAD PLAT BOOK 5, PAGES 186-190 OF THE PALM BEACH 36 COUNTY PUBLIC RECORDS, SAID POINT BEING IN THE ARC OF A CURVE, 37 CONCAVE NORTHERLY, HAVING A RADIUS OF 11,513.16 FEET, A RADIAL LINE 38 PASSING THROUGH SAID POINT BEARS NORTH 00°44'53", AN ARC DISTANCE 39 OF 150.32 FEET TO A LINE PARALLEL WITH AND 345.32 FEET EASTERLY OF, AS 40 MEASURED AT RIGHT ANGLES TO, THE SAID PROPOSED EASTERLY RIGHT-OF- 41 WAY LINE OF PROSPERITY FARMS ROAD; THENCE SOUTH 01°05'19" WEST 42 ALONG SAID PARALLEL LINE, A DISTANCE OF 13.86 FEET TO THE PROPOSED 43 RIGHT-OF-WAY LINE OF PGA BOULEVARD (STATE ROAD 786, FORMERLY 44 STATE ROAD 74); THENCE SOUTH 88°12'31" WEST ALONG SAID PROPOSED 45 RIGHT-OF-WAY LINE A DISTANCE OF 5.01 FEET: THENCE NORTH 88°53'40" 4 Date Prepared: February 16,2008 Resolution 23,2008 1 WEST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 144.30 FEET TO THE 2 POINT OF BEGINNING. 3 4 PARCEL 104 (OFFICIAL RECORDS BOOK 9215, PAGE 1753) 5 6 A CERTAIN PARCEL OF LAND IN THE NORTHWEST ONE QUARTER (NW '/4) OF 7 THE SOUTHEAST ONE QUARTER (SE '/4) OF SECTION 5, TOWNSHIP 42 SOUTH, 8 RANGE 43 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, 9 FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 10 11 COMMENCING AT THE INTERSECTION OF A LINE PARALLEL WITH AND 240.00 12 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO THE NORTHERLY 13 LINE OF THE SAID SOUTHEAST ONE QUARTER (SE '/4) OF SECTION 5, WITH A 14 LINE PARALLEL WITH AND 345.32 FEET EASTERLY OF, AS MEASURED AT RIGHT 15 ANGLES TO THE PROPOSED EASTERLY RIGHT-OF-WAY LINE OF PROSPERITY 16 FARMS ROAD ACCORDING TO THE PALM BEACH COUNTY RIGHT-OF-WAY MAP, 17 DRAWING NO. 86165; RUN THENCE NORTH 01°05'19" EAST ALONG SAID 18 PARALLEL LINE, A DISTANCE OF 170.30 FEET TO THE POINT OF BEGINNING OF 19 , THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE NORTH 01°05'19° EAST 20 ALONG SAID PARALLEL LINE, A DISTANCE OF 13.86 FEET TO A POINT IN THE 21 EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF PGA BOULEVARD (STATE ROAD 22 74) ACCORDING TO ROAD PLAT BOOK 5, PAGES 186-190 OF THE PALM BEACH 23 COUNTY PUBLIC RECORDS, SAID POINT BEING IN THE ARC OF A CURVE, 24 CONCAVE NORTHERLY, HAVING A RADIUS OF 11,513.16 FEET, A RADIAL LINE 25 PASSING THROUGH SAID POINT BEARS NORTH 0°00'15" WEST; THENCE 26 EASTERLY ALONG THE ARC OF SAID CURVE, SUBTENDED BY A CENTRAL 27 ANGLE OF 0°23'32", AN ARC DISTANCE OF 78.81 FEET TO THE END OF SAID 28 CURVE; THENCE NORTH 89°36'13" EAST ALONG SAID EXISTING RIGHT-OF-WAY 29 LINE AND TANGENT TO SAID CURVE, A DISTANCE OF 423.76 FEET TO THE 30 WESTERLY LINE OF PIRATES COVE ACCORDING TO PLAT BOOK 25, PAGE 197 31 OF THE PALM BEACH COUNTY PUBLIC RECORDS; THENCE SOUTH 00°01'42" 32 EAST ALONG SAID WESTERLY LINE, A DISTANCE OF 133 FEET; THENCE SOUTH 33 88°12'31" WEST ALONG THE PROPOSED RIGHT-OF-WAY LINE OF PGA 34 BOULEVARD (STATE ROAD 786, FORMERLY KNOWN AS STATE ROAD 74), A 35 DISTANCE OF 503.10 FEET TO THE POINT OF BEGINNING. 36 • 37 1. Tenants located in the out parcel building shall be permitted to utilize their 38 corporate colors and logo, providing the colors and logo are registered 39 through the United States Patent and Trademark Office. Tenants that are 40 not federally registered shall utilize the color red for flat/wall signs. 41 (Planning &Zoning) 42 43 44 45 46 5 Date Prepared: February 16, 2008 Resolution 23,2008 1 SECTION 3. This approval shall be in compliance with the following plans on file 2 with the City's Growth Management Department: 3 4 1. CVS Signage Graphics, 4 Sheets, by Bell Signs, Inc., drawn February 21, 5 2007, and revised March 6, 2007. 6 7 SECTION 4. This approval shall be consistent with all representations made by 8 the Applicant or Applicant's agents at any workshop or public hearing. 9 • 10 SECTION 5. This Resolution shall become effective immediately upon adoption. 11 12 13 (The remainder of this page left intentionally blank) 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 6 Date Prepared: February 16,2008 Resolution 23,2008 1 PASSED AND ADOPTED this do n''day of k ra , 2008. 2 3 4 CITY OF PAL :EACH GARDENS, FLORIDA 5 6 VIPAIP"k0 7 BY: .L1 . 8 /1111741111 ablin, Mayor 9 10 ATTEST: 11 12 13 BY: 14 atricia Snider, CMC, ' Clerk 15 • 16 17 APPROVED AS TO FORM AND 18 LEGAL SUFFICIENCY 19 20 21 BY: J. 22 —hristine P. Tatum, City Attorney 23 24 25 26 VOTE: AYE NAY ABSENT 27 28 MAYOR JABLIN 29 30 VICE MAYOR LEVY 31 32 COUNCILMEMBER RUSSO ✓ 33 34 COUNCILMEMBER BARNETT ✓ 35 36 COUNCILMEMBER PREMUROSO ✓ 37 38 39 40 _a( 41 42 43 44 45 46 47 Wettorney__share1RESOLUTIONS{prosperity centre signape-reso 23 2OO8.docx 7 CVS #5141 • PALM BEACH GARDEN, FL SQ.FT.CHART WEST ELEVATION 32.86 LEFT ELEVATION 45.04 TOTAL 77.9 `M CHANGE STUCCO --K'a vir-H COLOR TO MATCH EXISTING CREME COLOR Ni1iIiNPI CVS/PharrnaCY �..{.{1 N TE R A pOP•INC CENTER L RECEIVING ENTRANCE P AO E.3.0 SO.FT W f21 .\ 12.18 SQ.FT. oe 8'-1 7/16" N ' Qs 1111111 Ililil I . 121-4 e'l .1 7 +minute clinic 1 OA Alb, All■ Mk Aill■ AIL .v 11,41/2' 11.ELIJLt =L _ _-`'y ARREEAPPROXIMAT' NORTH ELEVATION "'°"'" ' PGA BLVD ^ � r T PLAQUE PLAQUE F""'1 . rz 45 SQ.FT.gcl �•y CUSTOMER APPROVAL SCALE:1/16" = 1'-0" REVISED: ANT THIS IS AN ORIGINAL UNPUBLISHED DRAWING CREATED /il l BELL SIGNS I N C• ® U e.rM rn.r. BY BELL SIGNS,INC R IS SUBMITTED FOR YOUR REVISED PERSONAL USE IN CONNECT ION WITH A PROJECT BEING L.dor.<orc..L.�.a PLANNED FORVOUBYBELLSIGNS.IN .RISNOTTOBE u n�o DATE: 2 - 21 - 07 BY: 3 - 6 - 07 SHOWN TO ANYONE OUTSIDE YOUR ORGANIZATION, DRAWN DWG. 29309 NOR IS IT TO BE USED,REPRODUCED,COPIED,OR 1200 BELL AVE, PANAMA CITY, FL 32401 PHONE:850.763.7982 FAX 850.872.8584 CLIENT: CVS PHARMACY BY: BM NO.•AUY HGARDFN,F_EXHIBITEDINANYFASHION. CVS #5141 • PALM BEACH GARDEN, FL SQ.FT.CHART EAST ELEVATION 32.86 SOUTH ELEVATION 32.86 TOTAL 65.72 UAL SQ J1 I.--led NO--.1 111111 id CvsiY �"1 i PROSPERITY FARMS 1,10 11T•,J I o1? E 5 STORE HOURS �'� PLAQUE ro., r qp 32.66 SQ R. • N Nih IOU N. a' -TA' CVS/PhartnacY PLAQUE ll��� 26,41.FT. aH F--t SHOPPING CENTER /III B E L L SIGNS, ® U .s' CUSTOMER APPROVAL SCALE: = REVISED: ANT THIS OA LUSE ORIGINAL CO UNPUBLISHED ECTIO WITH DRAWING ROJ CT BEING ..d.�w.,,... BY BELL SIGNS. INC. IT IS SUBMITTED FOR YOUR Laboratories L,c.e REVISED PERSONAL USE IN CONNECTION WITFIAPROJECT BEING DATE: 2 - 21 - 07 BY: 3 - 6 - 07 PUNNED FOR YOU BY BELL SIGNS,INC.IT IS NOT TO BE r ru SHOWN TO ANYONE OUTSIDE YOUR ORGANIZATION, • 1200 BELL AVE, PANAMA CITY, FL 32401 PHONE:850.763.7982 FAX:850.872.8584 CLIENT: CVS PHARMACY DRAWN O BY: DWG. 29309 NOR IS SEIT TO BFAS ED,REPRODUCED. COPIED,OR PALM BCH GARDEN.F_ 1 RESOLUTION 50, 2009 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO 6 THE SIGN PROGRAM TO RELOCATE SIGNAGE FOR THE 7 OUTPARCEL BUILDING OF THE PROSPERITY CENTRE 8 PLANNED UNIT DEVELOPMENT (PUD), GENERALLY BOUNDED 9 BY PGA BOULEVARD TO THE NORTH, PROSPERITY FARMS 10 ROAD TO THE WEST, AND KIDD LANE TO THE EAST, AS 11 DESCRIBED MORE PARTICULARLY HEREIN; PROVIDING AN 12 EFFECTIVE DATE; AND FOR OTHER PURPOSES 13 14 15 WHEREAS, on October 20, 1988, the City Council adopted Ordinance 32, 1988, 16 thereby approving the master site plan for the Prosperity Centre Planned Unit 17 Development (PUD); and 18 19 WHEREAS, on December 7, 1989, the City Council adopted Ordinance 32, 20 1989, thereby amending the master site plan by deleting the use of a hotel complex, 21 and in lieu thereof, permitting office and retail use; and 22 23 WHEREAS, on April 5, 1990, the City Council adopted Resolutions 41, 42, and 24 43, 1990, which approved a minor site plan amendment to the restaurant outparcel for 25 modifications to the design and colors of the building; and 26 27 WHEREAS, on April 16, 1992, the City Council adopted Resolution 35, 1992, 28 thereby amending the master site plan by deleting the restaurant use located on the 29 outparcel and approved modifications to landscape and lighting plans for the site; and 30 31 WHEREAS, on May 21, 1992, the City Council approved the transference of the 32 master site plan and conditions of approval previously approved by Ordinance 32, 1988 33 to Resolution 43, 1992; and 34 35 WHEREAS, on May 6, 1993, the City Council adopted Resolution 50, 1993, 36 which approved the art in public places for the site; and 37 38 WHEREAS, on September 2, 1993, the City Council adopted Resolution 90, 39 1993, which approved the signage and design guidelines for tenants located within the 40 shopping plaza and the outparcel building; and 41 42 WHEREAS, on March 20, 2008, the City Council adopted Resolution 23, 2008, 43 which approved an amendment to the signage criteria and design guidelines for the 44 outparcel building of the shopping plaza to allow federally-registered tenants to utilize 45 their corporate colors and logo; and 46 Resolution 50,2009 1 WHEREAS, the City has received a request (MISC-09-04-000055) from Mr. 2 Larry Presley of Bell Sign, on behalf of Equity One Realty & Management FL, Inc., for 3 approval of an amendment to the Prosperity Centre PUD to allow for the relocation and 4 reduction of the size of the signage for the outparcel building; and 5 6 WHEREAS, the subject site is zoned General Commercial-1 Planned Unit 7 Development (CG-1/PUD) and has a future land-use designation of Commercial (C); 8 and 9 10 WHEREAS, the Growth Management Department has reviewed the application 11 and has determined that it is sufficient; and 12 13 WHEREAS, the Planning, Zoning, and Appeals Board reviewed said petition at 14 its May 12, 2009, meeting and recommended approval by a vote of 7-0; and 15 16 WHEREAS, the City Council has considered the evidence and testimony 17 presented by the Applicant and other interested parties and the recommendations of the 18 various City of Palm Beach Gardens review agencies and staff; and 19 20 WHEREAS, the City Council has deemed approval of this Resolution to be in the 21 best interest of the citizens and residents of the City of Palm Beach Gardens. 22 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 25 OF PALM BEACH GARDENS, FLORIDA that: 26 27 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 28 29 SECTION 2. The miscellaneous application from Bell Sign, on behalf of Equity 30 One Realty & Management FL, Inc., for the Prosperity Centre PUD is hereby 31 APPROVED on the following described real property: 32 33 LEGAL DESCRIPTION: 34 35 A PARCEL OF LAND IN A PORTION OF THE SOUTHEAST QUARTER OF SECTION 36 5, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, 37 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 38 39 COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER 40 OF SECTION 5 (SAID CORNER BEING IN THE CENTERLINE OF RIGHT-OF-WAY 41 OF PGA BOULEVARD AS NOW LAID OUT AND IN USE); THENCE RUN SOUTH 42 88°27'06" EAST ALONG THE CENTERLINE OF SAID PGA BOULEVARD AND 43 EAST/WEST QUARTER SECTION LINE OF SAID SECTION 5, A DISTANCE OF 44 119.26 FEET TO A POINT BEING THE NORTHERLY EXTENSION OF THE 45 EASTERLY RIGHT-OF-WAY LINE OF PROSPERITY FARMS ROAD AS NOW LAID 46 OUT AND IN USE; THENCE RUN SOUTH 01°30'59" WEST A DISTANCE OF 60.04 2 Resolution 50,2009 1 FEET TO A POINT IN THE EASTERLY RIGHT-OF-WAY LINE OF SAID PROSPERITY 2 FARMS ROAD, THENCE .CONTINUE SOUTH 01°30'59" WEST ALONG THE 3 EASTERLY RIGHT-OF-WAY LINE OF SAID PROSPERITY FARMS ROAD, A 4 DISTANCE OF 307.32 FEET TO THE POINT OF BEGINNING OF THE 5 HEREINAFTER DESCRIBED PARCEL OF LAND. 6 7 FROM SAID POINT OF BEGINNING; THENCE CONTINUE SOUTH 01°30'59" WEST, 8 A DISTANCE OF 197.56 FEET TO THE NORTH LINE OF THE SOUTH 105.00 FEET 9 OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE 10 SOUTHEAST QUARTER OF SAID SECTION 5; THENCE SOUTH 88°21'59" EAST, 11 ALONG SAID NORTH LINE, A DISTANCE OF 266.55 FEET TO A POINT; THENCE 12 SOUTH 01°38'01" WEST, DEPARTING FROM SAID NORTH LINE A DISTANCE OF 13 105.03 FEET TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE 14 NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 5, 15 THENCE SOUTH 88°21'59" EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 16 186.40 FEET TO A POINT; THENCE SOUTH 00°40'46" WEST, A DISTANCE OF 17 102.24 FEET TO A POINT; THENCE SOUTH 88°20'42" EAST, A DISTANCE OF 84.00 18 FEET TO A POINT; THENCE NORTH 00°40'46" EAST, A DISTANCE OF 102.27 FEET 19 TO THE NORTHEAST CORNER OF A PLAT OF SURVEY RECORDED IN PLAT 20 BOOK 24, PAGE 87, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; 21 THENCE SOUTH 88°21'59" EAST, ALONG THE NORTH LINE OF LOTS 9 AND 10 22 AND THE WESTERLY PROLONGATION THEREOF, ACCORDING TO THE PLAT OF 23 PIRATES COVE, AS RECORDED IN PLAT BOOK 25, PAGE 197, PUBLIC RECORDS 24 OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 327.63 FEET TO THE 25 WESTERLY RIGHT-OF-WAY LINE OF WEST TEACH ROAD, THE NORTHEAST 26 CORNER OF SAID LOT (AND THE SOUTHWEST CORNER OF LOT 11, 27 ACCORDING TO SAID PLAT OF PIRATES COVE; THENCE NORTHEASTERLY 28 ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHEAST, BEING THE 29 WESTERLY RIGHT-OF-WAY LINE OF SAID WEST TEACH ROAD, HAVING A 30 RADIUS OF 194.22 FEET, A RADIAL BEARING AT THIS POINT OF SOUTH 76°57'51" 31 EAST, THROUGH A CENTRAL ANGLE OF 26°10'21" AN ARC DISTANCE OF 88.72 32 FEET TO THE TERMINUS OF SAID CURVE; THENCE NORTH 88°27'06" WEST, 33 ALONG A NON-TANGENT LINE PARALLEL WITH THE NORTH LINE OF SAID LOT 34 11, A DISTANCE OF 38.16 FEET TO A POINT 80.00 FEET NORTHERLY ALONG 35 SAID WEST LINE FROM THE SOUTHERLY CORNER OF LOT 11; THENCE NORTH 36 00°24'48" EAST, ALONG THE WEST LINE OF LOTS 11 THROUGH 13, ACCORDING 37 TO SAID PLAT OF PIRATES COVE, A DISTANCE OF 306.37 FEET TO THE SOUTH 38 LINE OF LOT 14; THENCE SOUTH 88°27'06" EAST ALONG THE SOUTH LINE OF 39 SAID LOT 14, A DISTANCE OF 112.00 FEET TO THE WESTERLY RIGHT-OF-WAY 40 LINE OF KIDD LANE, ACCORDING TO SAID PLAT OF PIRATES COVE; THENCE 41 NORTH 00°24'48" EAST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 42 170.00 FEET TO THE SOUTH LINE OF SAID LOT 16; THENCE NORTH 88°27'06" 43 WEST ALONG SAID SOUTH LINE, A DISTANCE OF 112.00 FEET TO THE 44 SOUTHWEST CORNER OF SAID LOT 16; THENCE NORTH 00°24'48" EAST, ALONG 45 SAID WEST LINE OF LOT 16, A DISTANCE OF 72.05 FEET TO THE SOUTHERLY 46 RIGHT-OF-WAY LINE OF PGA BOULEVARD AS RECORDED IN ROAD PLAT BOOK 3 Resolution 50,2009 1 5, PAGE 189, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE 2 NORTH 89°57'13" WEST ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 423.64 3 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH, HAVING A 4 RADIUS OF 11,513.16 FEET AND A CENTRAL ANGLE OF 01°08'19; THENCE 5 WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 228.80 FEET TO 6 THE TERMINUS OF SAID CURVE; THENCE DEPARTING FROM SAID RIGHT-OF- 7 WAY LINE ALONG A NON-TANGENT LINE, SOUTH 01°30'59" WEST, A DISTANCE 8 OF 182.19 FEET TO A POINT; THENCE NORTH 88°27'06" WEST A DISTANCE OF 9 195.00 FEET TO A POINT; THENCE SOUTH 01°30'59" WEST, A DISTANCE OF 10 35.94 FEET TO A POINT; THENCE SOUTH 04°38'46" WEST A DISTANCE OF 91.58 11 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF PROSPERITY FARMS ROAD 12 AND THE POINT OF BEGINNING. 13 14 TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER AND 15 ACROSS THE NORTH 15 FEET OF THE PLAT OF PROSPERITY GARDENS, 16 SHOWN THEREON AS FLORAL LANE, AS RECORDED IN PLAT BOOK 52, PAGES 17 94 AND 95, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND AS 18 DESCRIBED IN OFFICIAL RECORDS BOOK 7670, PAGES 1370 THROUGH 1373, 19 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 20 21 LESS THE FOLLOWING DESCRIBED PARCELS OF LAND 22 23 PARCEL 103 (OFFICIAL RECORD BOOK 9215, PAGE 1610) 24 25 A CERTAIN PARCEL OF LAND IN THE NORTHWEST ONE QUARTER (NW 1/4) OF 26 THE SOUTHEAST ONE QUARTER (SE '/4) OF SECTION 5, TOWNSHIP 42 SOUTH, 27 RANGE 43 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, 28 FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 29 30 COMMENCING AT THE INTERSECTION OF A LINE PARALLEL WITH AND 240.00 31 FEET SOUTHERLY AT, AS MEASURED AT RIGHT ANGLES TO THE NORTHERLY 32 LINE OF SAID SOUTHEAST ONE QUARTER (SE %) OF SECTION 5 WITH A LINE 33 PARALLEL WITH AND 195.02 FEET EASTERLY OF, AS MEASURED AT RIGHT 34 ANGLES TO THE PROPOSED EASTERLY RIGHT-OF-WAY LINE OF PROSPERITY 35 FARMS ROAD ACCORDING TO THE PALM BEACH COUNTY RIGHT-OF-WAY MAP, 36 DRAWING NO. 86155: RUN THENCE NORTH 01°05'19" EAST ALONG SAID 37 PARALLEL LINE , A DISTANCE OF 170.00 FEET TO THE POINT OF BEGINNING OF 38 THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE NORTH 01°05'19" EAST 39 ALONG SAID PARALLEL LINE, A DISTANCE OF 12.23 FEET TO A POINT IN THE 40 EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF PGA BOULEVARD (STATE ROAD 41 94) ACCORDING TO ROAD PLAT BOOK 5, PAGES 186-190 OF THE PALM BEACH 42 COUNTY PUBLIC RECORDS, SAID POINT BEING IN THE ARC OF A CURVE, 43 CONCAVE NORTHERLY, HAVING A RADIUS OF 11,513.16 FEET, A RADIAL LINE 44 PASSING THROUGH SAID POINT BEARS NORTH 00°44'53", AN ARC DISTANCE 45 OF 150.32 FEET TO A LINE PARALLEL WITH AND 345.32 FEET EASTERLY OF, AS 46 MEASURED AT RIGHT ANGLES TO, THE SAID PROPOSED EASTERLY RIGHT-OF- 4 Resolution 50,2009 1 WAY LINE OF PROSPERITY FARMS ROAD, THENCE SOUTH 01°05'19" WEST 2 ALONG SAID PARALLEL LINE, A DISTANCE OF 13.86 FEET TO THE PROPOSED 3 RIGHT-OF-WAY LINE OF PGA BOULEVARD (STATE ROAD 786, FORMERLY 4 STATE ROAD 74); THENCE SOUTH 88°12'31" WEST ALONG SAID PROPOSED 5 RIGHT-OF-WAY LINE A DISTANCE OF 5.01 FEET; THENCE NORTH 88°53'40" 6 WEST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 144.30 FEET TO THE 7 POINT OF BEGINNING. 8 9 PARCEL 104 (OFFICIAL RECORD BOOK 9215, PAGE 1753) 10 11 A CERTAIN PARCEL OF LAND IN THE NORTHWEST ONE QUARTER (NW 1/4) OF 12 THE SOUTHEAST ONE QUARTER (SE %) OF SECTION 5, TOWNSHIP 42 SOUTH, 13 RANGE 43 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, 14 FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 15 16 COMMENCING AT THE INTERSECTION OF A LINE PARALLEL WITH AND 240.00 17 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTHERLY 18 LINE OF THE SAID SOUTHEAST ONE QUARTER (SE 1/4) OF SECTION 5, WITH A 19 LINE PARALLEL WITH AND 345.32 FEET EASTERLY OF, AS MEASURED AT RIGHT 20 ANGLES TO, THE PROPOSED EASTERLY RIGHT-OF-WAY LINE OF PROSPERITY 21 FARMS ROAD ACCORDING TO THE PALM BEACH COUNTY RIGHT-OF-WAY MAP, 22 DRAWING NO. 86165; RUN THENCE NORTH 01°05'19" EAST ALONG SAID 23 PARALLEL LINE, A DISTANCE OF 170.30 FEET TO THE POINT OF BEGINNING OF 24 THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE NORTH 01°05'19" EAST 25 ALONG SAID PARALLEL LINE, A DISTANCE OF 13.86 FEET TO A POINT IN THE 26 EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF PGA BOULEVARD (STATE ROAD 27 74) ACCORDING TO ROAD PLAT BOOK 5, PAGES 186-190 OF THE PALM BEACH 28 COUNTY PUBLIC RECORDS, SAID POINT BEING IN THE ARC OF A CURVE, 29 CONCAVE NORTHERLY, HAVING A RADIUS OF 11,513.16 FEET, A RADIAL LINE 30 PASSING THROUGH SAID POINT BEARS NORTH 0°00'15" WEST, THENCE 31 EASTERLY ALONG THE ARC OF SAID CURVE, SUBTENDED BY A CENTRAL 32 ANGLE OF 0°23'32", AN ARC DISTANCE OF 78.81 FEET TO THE END OF SAID 33 CURVE; THENCE NORTH 89°36'13" EAST ALONG SAID EXISTING RIGHT-OF-WAY 34 LINE AND TANGENT TO SAID CURVE, A DISTANCE OF 423.76 FEET TO THE 35 WESTERLY LINE OF PIRATES COVE ACCORDING TO PLAT BOOK 25, PAGE 197 36 OF THE PALM BEACH COUNTY PUBLIC RECORDS; THENCE SOUTH 00°01'42" 37 EAST ALONG SAID WESTERLY LINE, A DISTANCE OF 133 FEET; THENCE SOUTH 38 88°12'31" WEST ALONG THE PROPOSED RIGHT-OF-WAY LINE OF PGA 39 BOULEVARD (STATE ROAD 786, FORMERLY KNOWN AS STATE ROAD 74), A 40 DISTANCE OF 503.10 FEET TO THE POINT OF BEGINNING. 41 42 43 44 45 46 5 Resolution 50,2009 1 SECTION 3. The sign criteria for the outparcel building at Prosperity Centre shall 2 be revised as follows: 3 4 1. The outparcel building shall be permitted to have three primary tenant signs 5 one each on the north, east, and west elevations, and one accessory sign 6 on the north elevation above the building entrance. (Planning & Zoning) 7 8 SECTION 4. This approval is subject to the following conditions, which shall be 9 the responsibility of the Applicant, its successors, or assigns: 10 11 1. A separate building permit application is required for any approved new sign. 12 In addition, engineered details demonstrating compliance with the wind 13 provisions of FBC Chapter 16 will be required. (Building Department) 14 15 SECTION 5. This petition is approved subject to strict compliance with the 16 Exhibits attached hereto and made a part hereof as follows: 17 18 Exhibit 1: CVS Signage Graphics for CVS/pharmacy #5141, Sheets 1 — 4, by 19 Bell Signs, Inc., revised May 21, 2009. 20 21 Exhibit 2: Minute Clinic Sign Standards, Sheet 1, by Bell Signs, Inc., dated April 22 7, 2009. 23 24 Exhibit 3: CVS/pharmacy Sign Standards, Sheet 1, dated February 16, 2006. 25 26 SECTION 6. This approval shall be consistent with all representations made by 27 the Applicant or Applicant's agents at any workshop or public hearing. 28 29 SECTION 7. This Resolution shall become effective immediately upon adoption. 30 31 32 (The remainder of this page left intentionally blank) 33 34 35 36 37 38 39 40 41 42 43 44 45 46 6 Resolution 50,2009 1 PASSED AND ADOPTED this day of , 2009. 2 3 4 CITY OF PALM BEACH GARDENS, FLORIDA 5 6 7 BY: 8 Joseph R. Russo, Mayor 9 10 ATTEST: 11 12 13 BY: 14 Patricia Snider, CMC, City Clerk 15 16 17 APPROVED AS TO FORM AND 18 LEGAL SUFFICIENCY 19 20 21 BY: 22 R. Max Lohman, City Attorney 23 24 25 26 VOTE: AYE NAY ABSENT 27 28 MAYOR RUSSO 29 30 VICE MAYOR LEVY 31 32 COUNCILMEMBER JABLIN 33 34 COUNCILMEMBER BARNETT 35 36 COUNCILMEMBER PREMUROSO 37 38 39 40 �/ �� 41 42 43 44 45 46 47 G:\attorney_share\RESOLUTIONS\2009\Resolution 50 2009-cvs misc signage.docx 7 CVS #5141 • 12.18 SQ. FT. • Palm Beach, FL 8'-1 7/16' 1 1 I 6 1'-6" —� 8.. ! M inute clinic 1 _1 REMOTE TRANSFORMER MOUNTING DETAIL (EXTERIOR) TYPICAL 5'"H j WALL 121 I SECTION A. .040" ALUMINUM 5" RETURNS TO BE I. 3/8" RIV NUTS 0 J PAINTED WHITE /�� J. 1/4" WEEP HOLES AS REQUIRED •�, O B. 1" WHITE TRIM CAP �rI K. SILICONE BEAD AROUND THE INSIDE € �IN ° C. .063"ALUMINUM BACKS - INSIDES pr O It TO BE PAINTED REFLECTIVE WHITE OF RETURN AND BACK TO SEAL FROM .2 WATER LEAKAGE 0 �= D. STANDARD G.F.P. TRANSFORMER IN A 'E WEATHERPROOF SHEET METAL BOX L. 1/4" LAGBOLTS OR 3/8" THREADED RODS . ..1 ° E. #7328 WHITE .125" PLEXE WITH 2"x 4" WOOD BLOCKING AS REQ'D © ;,,,,,,,,,,,,„„A,,,,,,, 1 FACES W/ #3630-337 PROCESS BLUE lir C.VINYL OVERLAY FIRST SURFACE M. HOY BOX FOR CONNECTION TO NEXT 0 F LOGO: 15MM 6500 WHITE NEON LETTER © � LETTERS: 12MM 6500 WHITE NEON N. NEON POWER PRO RUNNING TO �� I Vt G. DOUBLEBACK WITH ELECTROBIT RUBBER SECONDARY CONNECTION O BOOT; ' NOTE: GENERAL CONTRACTOR TO HAVE ' 0 H. NEON TUBE SUPPORTS AS REQUIRED PRIMARY CONNECTION HOOKED UP THIS IS AN ORIGINAL UNPUBLISHED DRAWING CREATED Aill BY BELL SIGNS, INC. IT IS SUBMITTED FOR YOUR Underwriters CUSTOMER APPROVAL PERSONAL USE IN CONNECTION WITH A PROJECT BEING BELL U PLANNED HO NET FOR YOU BY BELL SIGNS,O INC. IT IS NOT , BE rJ -1 ® L Laboratories Inc.® SHOWN TO ANYONE OUTSIDE YOUR ORGANIZATION,NOR ,. IS IT TO BE USED,REPRODUCED,COPIED.OR EXHIBITED 1200 BELL AVE, PANAMA CITY, FL 32401 PHONE:850.763.7982 FAX:850.872.8584 IN ANY FASHION. CLIENT MINUTE CLINIC SCALE: 3/4” = 1°-0" DATE: 04 - 07 - 09 REVISED: DRAWN THR DNO:STANDARDS INSTALLATION INSTRUCTIONS FOR NEON CHANNEL IITIO66 LGN CABINETS 8Md b Aao eac.with h NEC end Loral EWrd Coon 16'-S 3/16" I.cmlooh lord adray haring leedaen peer b NdEiplen 5'-713/16• 1'-2 5/8" ' 7-6 2.R Re Asp a nol provided wen a a m+o swlcn hn o d.mrrad ao*19 mop be aald.d a 1.sip. 3.Tlr dv eel Mrs d.n6l 6.m.nbl.d ad,no,,. d a.hMw n h Igor. ..Ueeerdyh mawriq hadrm.Vald.d wore ead�II T ad rmsbmrs.rclww.b16.6 b' 5 Lad.mdma.ahwnd.eon.brms.ndnuwemd. to l buidbpbob0abn maaBYbb.p.don byt bwl Mva..—NOIeEpYS Nor.Onl/frpads 7a Rand.Chm.lis.l Q 6.Card tandorrrla prBnay LoO7'10wia brarA Icon 7.O MuL6.d i.ebl.nohmld ae od/1 Tm1cy ; .nab'r meld conduit conM eweC Nomad faabmee allow.and P.dosed.ra opbrhs. 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STD.NEON TUBE SUPPORTS TO BE PREPAINTED#313 DK BRONZE A5 REQ'D 1I1 • INSIDES TO BE PREPAINTED W/ O STARBRIGHT LIGHT ENHANCED PRODUCT I. 3/8,"THREADED RODS W/2"x 2"x 3/16" MI: •' STEEL ANGLE p 14 '.a B. 2"BRONZE TRIM CAP ON"CVS" ,1, 1/4"WEEP HOLES AS REQ'D 0 I 1"BRONZE TRIM CAP ON"PHARMACY" (EXTERIOR LETTERS ONLY) C. .063'ALUM.BACKS INSIDES PAINTED W/ K. SILICONE BEAD AROUND THE O • C' STARBRIGHT LIGHT ENHANCED PRODUCT INSIDE OF RETURN AND BACK Pri' TO SEAL FROM WATER LEAKAGE O �I °: mi D. STD.30 MA TRANSFORMER TO BE MOUNTED INSIDE CHANNEL LETTER L. 1/2"SEALT1TE CONDUIT RUNNING p ° E. #2793 RED 3/16"Thk.PLEX FACES TO SECONDARY CONNECTION ,,,.•'' 'NOTE: GENERAL CONTRACTOR TO HAVE Ct 11�- i. ELECTRICAL REQUIREMENTS: F. 15mm CLEAR RED NEON PRIMARY CONNECTION HOOKED UP M - Primary Voltage:12a O Total Amps:MD M. H.O.V.BOX FOR CONNECTION Total Circuits:T.B.D. G. ELECTROBIT NEON BOOTS TO NEXT LETTER"* 0 REV.:BY: DESCRIPTION: ON TURN BACKS N. ALUM"Z"BRACKETS FOR NEON TUBE SUPPORTS TIM ..n CM= C CVS/PHARMACY SCALE 3/4'.r-o" WI' 2/16,06 BELL SIGNS , INC. I�I�.►M�l.n�rlytst�s N �� �Nocirs .Wfl /MCORPCIRATE IDENTIY AND IMAGE I r�•raartw.is.. « DRAWN BY: MIT,, nT,, ____NUMBEFt 4urwsTDiwsicr6/sv...dwg REP.COMED.COPIED.OR MIMED NMI 1200 BELL AVE,PANAMA CRY,FL 32401 PH:550.763.7902 FAX:660.072.6564 wmts.bellsigns.00m • - ■ ` i 38.10 SO.FT. - 19'-0S/8" iiiiii aim 2'-0" CVS/PiliallaCY 7 ._AIII■ ■ rTh. Alb, E' s (--'\ r.' l-- .r, __ _Ali_ I ff.,..E_________,,_,_ ._ i_E.G.E - ,;_;_i.E;;. __ __________________=__=== ____ ______ ____ _____7 =M1'1 f-7 .",",-: MR____111 'INII L 0 • • o in',rr EAST ELEVATION o In'.rr' STORE HOURS STORE HOURS PLAQUE PLAQUE 2.550.FT. `f //i" 62• '.�/�� 2S SO.FT. r:' `t t to 4. • AL • v _._ STOP,. a,w / .� ^ _ ` `rte , `► •— �Ic — — 4 w oil ,. • CUSTOMER APPROVAL THIS IS AN ORIGINAL UNPUBLISHED DRAWING CREATED /III BELL SIGNS' I N Underwriters SCALE: REVISED: BY BELL SIGNS INC L IS SUBMITTED FOR YOUR Laboratories Inca REVISED PERSONAL USE IN CONNECTION WITH A PROJECT BEING ., DATE: BY: 05/21/09/09 PUNNED FOR YOU BY BELL SIGNS,INC.IT IS NOT TO BE SHOWN TO ANYONE OUTSIDE YOUR ORGANIZATION. NOR IS IT TO BE USED,REPRODUCED, COPIED, OR 1200 BELL AVE, PANAMA CITY FL 32401 PHONE:850.763.7982 FAX:850.872.8584 CLIENT: CVS/pharmacy#5141 Page 1 of 4 DRABY DNO. EXHIBITED IN ANY FASHION. Nib' NMI - I I II I = I — 1-k_41.,I I CHI _- STORE HOURS __ _ =_ __ _ - I6 __ PLAQUE 2SW FT. SOUTH ELEVATION %.n - = - ��. W.A'. • .`+` Nsit,iii _, - - _..111 .110146. - ' s CUSTOMER APPROVAL THIS IS AN ORIGINAL UNPUBLISHED DRAWING CREATED III, BELL mils, INC SCALE REVISED Underwriters / BY BELL SIGNS, INC. IT IS SUBMITTED FOR YOUR Laboratories Inc.® REVISED PERSONAL USE IN CONNECTION WITH A PROJECT BEING DATE: 05/21/09 PLANNED FOR YOU BY BELL SIGNS,INC.R IS NOT TO BE BY SHOWN TO ANYONE OUTSIDE YOUR ORGANIZATION, NOR IS R TO BE USED,REPRODUCED,COPIED,OR 1200 BELL AVE, PANAMA CITY, FL 32401 PHONE.850.763.7982 FAX:850.872.8584 CLIENT. CVS/pharmacy #5141 Page 2 of 4 DRAWBY DWG,O IXHIBO'ED IN ANY FASHION. • 38.10 SQ.FT. 19.-0 5(8' -.I IiIiIiliIiIiIil I I m.!A WEST ELEVATION / RECEIVING ENTRANCE PLAQUE.3.0 SQ.FT. • • • 4. CUSTOMER APPROVAL THIS IS AN ORIGINAL UNPUBLISHED DRAWING CREATED BELL SIGNS I N C Underwriters rtes SCALE: REVISED: BY SELL SIGNS, INC. IT IS WITH FOR YOUR ,II Laboratories Inc.. REVISED PERSONAL USE YOU BY BELL CONNECTION S N.IT IS NOT TO DATE: sv: 05/21/09 SHOWN PLANNED FOR YOU BY BELL SIGNS,INC.IT G NOT TI BE SHOWN TO ANYONE OUTSIDE YOUR ORGANIZATION. 1200 BELL AVE. PANAMA CITY FL 32401 PHONE:850.763.7982 FAX:850.872.8584 NOR IS IT TO BE USED. REPRODUCED. COPIED.OR CLIENT: CVS/pharmacy#5141 Page 3 of 4 DRAWN DWG EXHIBITED IN ANY FASHION. 12.18 SQ.FT. 8'-1 7/16" 38.10 SO.Fr. • 19'.0 S/B" CHANGE STUCCO .. COLOR TO MATCH EXISTING CREME bill _ 1111111 COLOR MINUTE CLINIC - •NON-STANDARD SIZE __f- 18"Logo;8"Minute Clinic T� 4 MfS'p7armay 1'-6" \ 41P r-mirr.rr - _ - $T20RE MO RS PLAQUE ■ i _ Em 111 ME NORTH ELEVATION r .-- per 1 •=ff..t..Cf.'p Y.v re 4031611064 . `, i._. ,_ _ — — P -I I t � , 1 1 , .. i ie CUSTOMER APPROVAL THIS IS AN ORIGINAL UNPUBLISHED DRAWING CREATED .1111 BELL SIGNS' INC. Underwriters SCALE: REVISED: BY BELL SIGNS INC L SIGNS,SUBMITTED FOR YOUR Laboratories Inc-® REVISED PERSONAL USE IN CONNECTION WITH A PROJECT BEING DATE: '5/21/�9 PLANNED FOR YOU BY BELL IDE Y INC. RGN IZ TI BE SHOWN TO ANYONE OUTSIDE YOUR ORGANIZATION, 1200 BELL AVE, PANAMA CITY FL 32401 PHONE:850.763.7982 FAX:850.872.8584 NOR IS IT TO BE USED, REPRODUCED,COPIED.OR cLIENr: CVS/pharmacy#5141 Page 4 of 4 DRAB DWG. NO.: EXHIBITED IN ANY FASHION. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 18, 2009 Ordinance 20,2009 Subject/Agenda Item: Ordinance 20, 2009: City initiated request for de-annexation of the Northlake Boulevard Property (a.k.a. Spear's Property) First Reading: A City-initiated petition, at the request of Jeff Spear, de-annexing approximately 61.9-acres from the corporate limits of the City. The subject site is located on the north side of Northlake Boulevard, approximately one-half (1/2) mile west of the intersection of Northlake Boulevard and Coconut Boulevard. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: City Council Action: // Growth Management: [ ]Approved City Attorney R.Max Loh f an 1 Project , Costs: $ N/A [ ]App.w/conditions Manager ■� t i Total [ ] Denied Development Compliance Richard J. 1,ero [ ]Rec.approval WA Senior Planner $ N/A [ ] Rec. app.w/conds. Bahareh Keshavarz-Wolfs, Current FY [ ] Rec. Denial AICP [ ] Quasi—Judicial [ ]Continued to: Growth Manage [X] Legislative g Funding Source:Administrator [X] Public Hearing Kara L. Irwin,AICP [ ]Operating Attachments: Advertised: Date: June 3,2009 [X] Other NA • Location/Zoning Accountant N/A Paper: The Palm Beach Map Tresha Thomas Post Budget Acct.#: • PBC FLU& NA Zoning Map Planning Manager I &1 • Ordinance 36, Natalie Wong,AIC' [X] Required 2004 Approved By: [ ] Not Required • Florida Statutes Rona a rererri •d parties: Chapter 171 IW.4/7 [X]Notified • Letter to PBC City ana -r [ ]Not Required dated 5/15/09 • Ordinance 20, 2009 Meeting Date:June 18,2009 Ordinance 20,2009 EXECUTIVE SUMMARY A City-initiated petition, at the request of the property owner Jeff Spear, for approval of the de- annexation of a 61.9-acre parcel from the City's corporate limits. The subject parcel is located on the north side of Northlake Boulevard, approximately one-half (1/2) mile west of the intersection of Northlake Boulevard and Coconut Boulevard(please see attached location map). BACKGROUND The subject site was voluntarily annexed into the City of Palm Beach Gardens on January 20, 2005. Concurrent with the annexation application, the applicant filed a Future Land Use (FLU) amendment petition and a concurrent Comprehensive Plan Text amendment petition to change the future land use of the subject property to allow land use densities of up to one (1) unit per acre west of the City's urban growth boundary. Shortly after the property had been annexed into the City, the Western Northlake Corridor Land Use Study (WNCLUS) was in the process of being updated by Palm Beach County. The WNCLUS was a study that examined the densities and intensities for properties located along the Northlake Boulevard corridor. The subject property is located within the corridor's boundary study area. At the request of the City, the applicant postponed the subject Comprehensive Plan Text amendment and FLU amendment petitions until the study had been completed in order to provide City staff with a comprehensive view of development along the Northlake Boulevard corridor. Although the WNCLUS had not been completed, the applicant requested staff schedule the subject Comprehensive Plan text amendment and FLU amendment on the City Council agenda. On April 03, 2008, the City Council denied the subject Comprehensive Plan Text amendment and Future Land Use amendments by a vote of 5-0. Subsequently, at the January 15, 2009, City Council meeting, the property owner Jeff Spear, requested that the City de-annex his property from the City's corporate limits. LOCATION The 61.9-acre parcel is bounded on the north and east by property owned by Vavrus Ranch, to the west by two (2) vacant parcels located in unincorporated Palm Beach County and to the south by Northlake Boulevard. The subject site is currently vacant and has a Palm Beach County land- use designation of Rural Residential (RR20), which allows one unit per 20 acres; or a maximum of three (3)dwelling units for the entire site. ANNEXATION On January 20, 2005, the City Council adopted Ordinance 36, 2004, which approved the voluntary annexation of the 61.9-acre property in accordance with Florida Statute (Fla. Stat.) § 171.044, which establishes the process for voluntary annexation requests. The criteria for the voluntary annexation required that the property be "contiguous to a municipality and reasonably Meeting Date:June 18,2009 Ordinance 8,2008 compact." Fla. Stat. §171.031 defines compactness as, "concentration of a piece of property in a single area and precludes any action which would create enclaves, pockets, or finger areas in serpentine patterns." The voluntary annexation request met the criteria as "contiguous and reasonably compact." DE-ANNEXATION A municipality may initiate the contraction of its municipal boundaries in accordance with the Fla. Stat. §171.052. The Statute states, "only areas which do not meet the criteria for annexation may be proposed for exclusion by municipal governing bodies." The following criteria below are the general requirements for areas to be annexed(staff responses are in italics): Fla. Stat. §171.043 Character of the area to be annexed. —A municipal governing body may propose to annex an area only if it meets the general standards of subsection (1) and the requirements of either subsection(2) or subsection (3). (1) The total area to be annexed must be contiguous to the municipality's boundaries at the time the annexation proceeding is begun and reasonably compact, and no part of the area 'shall be included within the boundary of another incorporated municipality. The subject site satisfied this requirement at the time of annexation. (2) Part or all of the area to be annexed must be developed for urban purposes. An area developed for urban purposes is defined as any area which meets any one of the following standards: a. It has a total resident population equal to at least two persons for each acre of land included within its boundaries; The subject property is undeveloped and does not meet the criteria. b. It has a total resident population equal to at least one person for each acre of land included within its boundaries and is subdivided into lots and tracts so that at least 60 percent of the total number of lots and tracts are one (1) acre or less in size; or The subject property is undeveloped and does not meet the criteria. c. It is so developed that at least 60 percent of the total number of lots and tracts in the area at the time of annexation are used for urban purposes, and it is subdivided into lots and tracts so that at least 60 percent of the total acreage, not counting the acreage used at the time of annexation for nonresidential urban purposes, consists of lots and tracts 5 acres or less in size. The subject property is undeveloped and has not been subdivided into lots and tracts. Therefore, the subject property does not meet the criteria. The criteria listed in subsection two (2) are not applicable to the subject site because the property is vacant and undeveloped. Furthermore, the property has not received any approvals to subdivide the parcels into tracts or lots. Meeting Date:June 18,2009 Ordinance 8,2008 (3) In addition to the area developed for urban purposes, a municipal governing body may include in the area to be annexed any area which does not meet the requirements of subsection(2) if such area either: a. Lies between the municipal boundary and an area developed for urban purposes, so that the area developed for urban purposes is either not adjacent to the municipal boundary or cannot be served by the municipality without extending services or water or sewer lines through such sparsely developed area; or The subject property lies west of the Urban Growth Boundary (UGB), as notated on the Future Land Use Map. Therefore, this subsection is not applicable to the site. b. Is adjacent, on at least 60 percent of its external boundary, to any combination of the municipal boundary and the boundary of an area or areas developed for urban purposes as defined in subsection(2). The criteria set forth in subsection (3) were not applicable to this property at the time of annexation because the property was voluntarily annexed into the City. Therefore, the subject site does not meet the criteria and is eligible for de- annexation. The criteria listed in subsection three (3) are not applicable because the subject property was voluntarily annexed. Petitions for voluntary annexation require the parcel to be, "contiguous to a municipality and reasonably compact in nature." It is important to note the criteria for involuntary annexation contained in subsections two (2) and three (3) are not applicable to the subject property as it was approved through the voluntary annexation process. By virtue of the parcels not meeting the criteria of subsections two (2) or three (3), the subject site is eligible for de-annexation from the City's corporate limits. NEARBY LOCAL GOVERNMENT COMMENTS/OBJECTIONS Staff has notified Palm Beach County's Planning & Zoning Department of the proposed de- annexation. To date, the City has not received any objections from neighboring municipalities. STAFF RECOMMENDATION Staff recommends approval of Ordinance 20, 2009. t E _ ,,,,,,,,, 00,„ .., 4 r t .7 „....i. i_.::._ .,..,....., .1w,...i, u ! • ''', s , - ^•.s 4` r t �r Y . 1 a Id t v Sw �9 h i . 1,1 - ' - ' al or p. 0 ii.. ' ' 1 * '.." • ••• _- 5 • iiinrir;4.,.. te. e 1 •0 J ,S SPA S 1,.,„3 !l����+'f�- ♦ • O S P jA 11+(41�I� r. ♦ u O Tr • a Jr`�Iy»ter ♦'f roof 3NaisvaiL,c,2 L. . .0..4.. . . r 441, ;G.r f 4 1 1111 0 7 ♦O0. 000 . ,- a . .00000444, ... u i... . . .... - • S� .. .. p , MAN 1'1^1 ' sa I o MM a sa ;'=T. s'a 14 ? s :° i sr �Ft._c, ■x .. _ .. .. y a a f �t`11111 • • aka - I. • - .._ * . • U) ca 0 .1 d' • * 0 _c ,y r' t Z c r ft O m U N r.' ' .4 - u i 1fi � I ..�[ V 1 n. . O . `4 �H A3N HM.LI J qNL 3 y- "'✓) s Location Map Parcel Control Numbers (PCNs): 52-41-42-16-00-000-5010 & 52-41-42-16-00-000-5080 0 e e°e e ee e,,.,e e e,e,e e e,e e ee e e e,e,. .00°00'i:e°e°e°e°e°e°e°e°e°e° �e°e�e:ei i:e:i°e°e"e:e:ees°e°o°e �eeoi ioeer°,e000eee� r,:e:,ee:,„..0.000°:°:°e°000 ee�,ee�,�,��eee�e�.�o�,�,�e�e�eoe� ►e:e:e:o:,�.,:e:e e,a ee e.::e:e:e:,: ►e�e�e�,�,�ie�,�eoeee�e�e�e�e�e�,� re:e:e,,f 4eeeeee ee:eeeeeee:,ee4 �eeeeeee,.o°eeeeee°.°eeee,.°°e� ►,eeeeeee:,eeeee.ee,°ee.°e,.,.e, ►e� e°e°e!��,°,°e°e°e°ewe°e°e°e°e� ►eeeee,,,,�:eee,,,ee,,,e°°,,.e,.: 1,eeee,��°eee°eeeeee,,ee,,e°, ►eeee eee,�ee�e�eee�e�eee�e+14:i **Ay 4°40:4+:0e0 ►OO ° DO° °° 0° eo0 eo i eei Ie,0 l, 22e ORTHLAKB.BD ..— -------- HAMLIN BLVD __... 89TH PL N 89TH PL N 89TH PL N —>� 88THPLN 88THPLN 88THPLN CC > 0 87TH ST N 87TH ST N Fz- 87TH ST N a 0 0 Q 86TH RD N 86TH RD N 0 85TH RD N 85TH RD N 85TH RD N M aroma 1262000 ® mos,mx •-aa • a �W]a060P! I �—r_ _____I I 1 ? I i RR-10 ' 09 me"r m 07 ■ //,/- Palm Beach Gardens l rt f _ �. _ • ` , I j . I \ , i ' \ MI. 4 -_1:14_I 1 . . I R ( �51 I 1___ I L , I 1 r v I ..._ 1 1 j.. -r- �1•� 1 T � L \ { L I l , RR-20 _ tt +I a �1—� 1I � i 0 I ‘1 , RR-10 il 1 I _1 t a� l i 1 1 L l l 1 1 1 inch equals 600 feet• MO 1]00 11■=1■11•IM Fee: This map is a representation of the i official copy of the map on file with s Palm Beach County Planning Division. -----10 Una WM w. O0m00011111S J n Future Land Use Parcels -_. �..� aoo■ootao�rroo Future Land Use Atlas of Palm Beach County, Florida a , CI000O01adCU77O Q FLU Atlas Page ' Municipality (::e..., 9000m� EiNg ATLAS PAGE 28 om000��l�°e vGe Ait Amendments Water zo w., 'oonoa€':ogne BBOZNB', mcmosa OO avair Last Printed On Note:The numbers depicted upon the Future Land Use Atlas `A,� 9OOO13arineiniQ represent the adopting ordinances for Future Land the ©momz Mar 29,2008 a Pa.Beach cottony g w _oo ounoo0000 amendments.Please refer to the amendment table for details. panning,Zoning and Building Deperenent :oaom�►od�amm. --- _ _ ter' I 36 -_ 31 34 I r G j: 03 01 - 06 = - l ,',; e s i I 12 07 - w ,t d _. 18 - :7..„ ° °o° f wsmwea . III:0..r+ 0..neH c oi000aoaoQ ZONING QUAD 73 111:111gura Nina aao0oaaas Zoning District Ma of Palm Beach County ' °° as D Oma us 9 P ry �za.Ap o..p..se,m..e..y ;..i�!;�x..,,nur ��� ,em�..� 't me' r+r 90a Fla May 08.2008 }--� Flap D, ..,. :-1 s«.o,,u», Date Prepared:July 22,2004 1 ORDINANCE 36, 2004 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF CITY OF PALM 5 BEACH GARDENS, FLORIDA ANNEXING, PURSUANT TO A 6 PETITION FOR VOLUNTARY ANNEXATION, A PARCEL OF REAL 7 PROPERTY COMPRISING A TOTAL OF 61.9 ACRES, MORE OR 8 LESS, LOCATED ON THE NORTH SIDE OF NORTHLAKE 9 BOULEVARD APPROXIMATELY ONE-HALF (0.5) MILES WEST OF 10 THE INTERSECTION OF NORTHLAKE BOULEVARD AND 11 COCONUT BOULEVARD, IN PALM BEACH COUNTY, FLORIDA, 12 WHICH IS MORE PARTICULARLY DESCRIBED HEREIN; 13 DECLARING THAT THE VOLUNTARY ANNEXATION PETITION 14 BEARS THE SIGNATURE OF THE OWNER OF THE REAL 1s PROPERTY ANNEXED HEREBY; AMENDING ARTICLE II OF THE 16 CITY CHARTER BY REDEFINING THE CORPORATE LIMITS; AND 17 PROVIDING AN EFFECTIVE DATE. 18 19 20 WHEREAS, the City of Palm Beach Gardens has received an application (AX- 21 04-01) from Dodi Glas, on behalf of Josephine Basile, for annexation of an undeveloped 22 61.9-acre parcel that is currently located in Palm Beach County into the City of Palm 23 Beach Gardens; and 24 25 WHEREAS, the area to be annexed is contiguous to the City and is reasonably 26 compact; and 27 28 WHEREAS, the annexation of the area will not result in the creation of any 29 enclave; and 30 31 WHEREAS, the area to be annexed meets the requirements of Section 171.044, 32 Florida Statutes, concerning the character of the area to be annexed; and 33 34 WHEREAS, the annexation area is included in the City's Potential Future 35 Annexation Area of the City's Comprehensive Plan; and 36 37 WHEREAS, the Growth Management Department has reviewed said application 38 and has determined that it is sufficient; and 39 40 WHEREAS, this annexation petition (AX-04-01) was reviewed by the Planning, 41 Zoning, and Appeals Board at a public hearing on June 8, 2004, which recommended 42 approval by a vote of 6-0; and 43 44 WHEREAS, the City Council determines that adoption of this Ordinance is in the 45 best interests of the citizens and residents of the City of Palm Beach Gardens. 46 Date Prepared:July 22,2004 Ordinance 36,2004 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 2 OF PALM BEACH GARDENS, FLORIDA that: 3 4 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 5 6 SECTION 2. The City Council of the City of Palm Beach Gardens finds that the 7 written petition for voluntary annexation filed with the City bears the signatures of the 8 owners of the real property hereby annexed into the City. 9 10 SECTION 3. The City Council hereby annexes into the City of Palm Beach 11 Gardens an area of contiguous, compact, unincorporated territory located on the north 12 side of Northlake Boulevard, approximately one-half (0.5) miles west of the intersection 13 of Northlake Boulevard and Coconut Boulevard, for the following described real 14 property: 15 16 LEGAL DESCRIPTION: 17 18 A PARCEL OF LAND LYING IN SECTION 16, TOWNSHIP 42 SOUTH, RANGE 41 19 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY 20 DESCRIBED AS FOLLOWS: 21 22 FROM THE SOUTHERLY 1/4 CORNER OF SAID SECTION 16 TRAVEL N00°27'07"E, 23 ALONG THE SOUTHERLY 1/4 LINE OF SAID SECTION 16, A DISTANCE OF 687.82 24 FEET TO A POINT, SAID POINT LYING ON THE NORTHERLY RIGHT-OF-WAY LINE 25 OF THE 100 FOOT WIDE LAKE PARK WEST ROAD; THEN TRAVEL S89°38'16"E, 26 ALONG THE SAID NORTHERLY RIGHT-OF-WAY LINE OF LAKE PARK WEST 27 ROAD, A DISTANCE OF 1,333.18 FEET TO THE POINT OF BEGINNING; THENCE 28 CONTINUE S89°38'16"E ALONG THE SAID NORTHERLY RIGHT-OF-WAY LINE OF 29 THE 100 FOOT WIDE LAKE PARK WEST ROAD, A DISTANCE OF 430.75 FEET TO 30 A POINT; THENCE TRAVEL N00°46'39"E A DISTANCE OF 2,018.50 FEET TO A 31 POINT IN THE EASTERLY 1/4 LINE OF SAID SECTION 16; THENCE TRAVEL 32 N88°34'03'W ALONG THE SAID EASTERLY 1/4 LINE OF SAID SECTION 16 A 33 DISTANCE OF 430.76 FEET TO A POINT; THENCE TRAVEL S00°46'39"W, A 34 DISTANCE OF 2,026.54 FEET TO THE POINT OF BEGINNING. 35 36 TOGETHER WITH THE FOLLOWING: 37 38 A PARCEL OF LAND LYING IN SECTION 16, TOWNSHIP 42 SOUTH, RANGE 41 39 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY 40 DESCRIBED AS FOLLOWS: 41 42 FROM THE SOUTHERLY QUARTER SECTION CORNER OF SAID SECTION 16 43 TRAVEL N00°27'07"E, ALONG THE SOUTHERLY QUARTER SECTION LINE OF 44 SAID SECTION 16, A DISTANCE OF 687.82 FEET TO A POINT, SAID POINT LYING 45 ON THE NORTHERLY RIGHT-OF-WAY LINE OF LAKE PARK WEST ROAD; THENCE 46 TRAVEL S89°38'16"E, ALONG THE SAID NORTHERLY RIGHT-OF-WAY LINE OF 2 Date Prepared:July 22,2004 Ordinance 36,2004 1 LAKE PARK WEST ROAD, A DISTANCE OF 1,763.93 FEET TO THE POINT OF 2 BEGINNING; THENCE TRAVEL N00°46'39"E, A DISTANCE OF 2,018.50 FEET TO A 3 POINT IN THE EASTERLY QUARTER SECTION LINE OF SAID SECTION 16; 4 THENCE TRAVEL S88°34'03"E, ALONG SAID EASTERLY QUARTER SECTION LINE 5 OF SECTION 16; A DISTANCE OF 914.13 FEET TO THE EAST ONE QUARTER 6 SECTION CORNER OF SAID SECTION 16; THENCE TRAVEL S01°06'33"W ALONG 7 THE EAST LINE OF SAID SECTION 16, A DISTANCE OF 2,001.54 FEET TO AN 8 INTERSECTION WITH THE SAID NORTH RIGHT-OF-WAY LINE OF THE 100 FOOT 9 WIDE LAKE PARK WEST ROAD; THENCE N89°38'16'W, ALONG THE SAID NORTH 10 RIGHT-OF-WAY LINE OF LAKE PARK WEST ROAD, A DISTANCE OF 902.50 FEET 11 TO THE POINT OF BEGINNING. 12 13 SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA CONTAINING 14 2,696,386 SQUARE FEET OR 61.901 ACRES, MORE OR LESS. 15 16 SECTION 4. The boundaries of the City of Palm Beach Gardens, Florida are 17 hereby redefined and shall include the above-described real property, and the property 18 is hereby declared to be within the City's corporate limits. 19 20 SECTION 5. Section 2-1 of the City Charter, entitled "Boundaries," is hereby 21 amended to reflect the property annexed into the City by this Ordinance. 22 23 SECTION 6. The City Clerk is hereby directed to file a copy of this Ordinance 24 with the Clerk of the Circuit Court, Palm Beach County, the Chief Administrative Officer 25 of Palm Beach County, and the Department of State within seven (7) days of the 26 adoption of the Ordinance. 27 28 SECTION 7. Codification of Section 3 of this Ordinance is hereby authorized and 29 directed. 30 31 SECTION 8. This Ordinance shall become effective immediately upon adoption. 32 . 33 34 35 (The remainder of this page left intentionally blank) 36 37 38 39 40 41 42 43 44 45 46 3 Date Prepared:July 22,2004 Ordinance 36,2004 1 PASSED this 2O day of 5611/1160K UK , 2005, upon first reading. 2 3 PASSED AND ADOPTED this Ao+ day of 10,nJcw8. , 2005, upon second 4 and final reading. 5 6 7 CITY OF ' ' ACH GARDENS FOR AGAINST ABSENT 8 9 10 BY: ,r! /, ~ ✓ 11 Erie'• l - %� ,• 12 13 _ _ 14 cj• � 11 SET, IC= 16 . / �rir 17 An• ie Marie Delgado, Co cilmember 18 19 20 Davis vy, ebu cilrnefnber 21 r / 22 i�/ . / 23 al • . aleche, Councilmember 24 25 26 27 ATTEST: 28 29 30 BY: 31 Patricia Sni er, City Jerk 32 33 34 APPROVED AS TO FORM AND 35 LEGAL SUFFICIENCY 36 37 1 / 38 BY: s /. /_ : - 39 C_ristine P. Tatum, City Attorney 40 41 42 Cife 43 44 45 46 47 G:\attomey_share\ORDINANCESIannexatlon ORD 36,2004.doc 4 ietum to: (enclose ssf-addressed stamped envelope) I iY i N N r N vi N N N 1 i I lame • .ddres : CFN 20050052893 OR BK 18068 PG 1346 RECORDED 01/27/2005 16:45:82 Pala Beach County, Florida Sharon R. Bock,CLERK b COMPTROLLER Pgs 1346 - 1351; (6pgs) Data Prepared:July 22,2004 1 ORDINANCE 36, 2004 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF CITY OF PALM s BEACH GARDENS, FLORIDA ANNEXING, PURSUANT TO A 6 PETITION FOR VOLUNTARY ANNEXATION, A PARCEL OF REAL 7 PROPERTY COMPRISING A TOTAL OF 61.9 ACRES, MORE OR 8 LESS, LOCATED ON THE NORTH SIDE OF NORTHLAKE 9 BOULEVARD APPROXIMATELY ONE-HALF (0.5) MILES WEST OF 10 THE INTERSECTION OF NORTHLAKE BOULEVARD AND 11 COCONUT BOULEVARD, IN PALM BEACH COUNTY, FLORIDA, 12 WHICH IS MORE PARTICULARLY DESCRIBED HEREIN; 13 DECLARING THAT THE VOLUNTARY ANNEXATION PETITION 14 BEARS THE SIGNATURE OF THE OWNER OF THE REAL 15 PROPERTY ANNEXED HEREBY; AMENDING ARTICLE II OF THE 16 CITY CHARTER BY REDEFINING THE CORPORATE LIMITS; AND 17 PROVIDING AN EFFECTIVE DATE. 18 19 20 WHEREAS, the City of Palm Beach Gardens has received an application (AX- 21 04-01) from Dodi Glas, on behalf of Josephine Basile, for annexation of an undeveloped 22 61.9-acre parcel that is currently located in Palm Beach County into the City of Palm 23 Beach Gardens; and 24 25 WHEREAS, the area to be annexed is contiguous to the City and is reasonably 26 compact; and 27 28 WHEREAS, the annexation of the area will not result in the creation of any 29 enclave; and 30 31 WHEREAS, the area to be annexed meets the requirements of Section 171.044, 32 Florida Statutes, concerning the character of the area to be annexed; and 33 34 WHEREAS, the annexation area is included in the City's Potential Future 35 Annexation Area of the City's Comprehensive Plan; and 36 37 WHEREAS, the Growth Management Department has reviewed said application 38 and has determined that it is sufficient; and 39 dfl W11-IFRFAS thie annawafinn nafifinn (AX_nd_n11 wac raviawarl by *ha Planninn LEGAL DESCRIPTION • A PARCEL OF LAND LYING IN SECTION 16, TOWNSHIP 42 SOUTH, RANGE 41 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: _ _ __:, FROM THE SOUTHERLY 1/4 CORNER OF SAID SECTION 16 TRAVEL NOO°27'07"E, ALONG THE SOUTHERLY 1/4 LINE OF SAID SECTION 16, A DISTANCE OF 687.82 FEET TO A POINT, SAID POINT LYING ON THE NORTHERLY RIGHT OF WAY LINE OF THE 100 FOOT WIDE LAKE PARK WEST ROAD; THEN TRAVEL S89°38'16"E, ALONG THE SIAD NORTHERLY RIGHT OF WAY LIN EOF LAKE PARK WEST ROAD, A DISTANCE OF 1,333.18 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S89°38'16"E ALONG THE SAID NORTHERLY RIGHT OF WAY LINE OF THE 100 FOOT WIDE LAKE PARK WEST ROAD, A DISTANCE OF 430.75 FEET TO A POINT; THENCE TRAVEL N00°46'39"E A DISTANCE OF 2,018.50 FEET TO A POINT IN THE EASTERLY 1/4 LINE OF SAID 16; THENCE TRAVEL N88°34'03"W ALONG THE SAID EASTERLY 1/4 LINE OF SAID SECTION 16 A DISTANCE OF 430.76 FEET TO A POINT; THENCE TRAVEL S00°46'39"W, A DISTANCE OF 2,026.54 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THE FOLLOWING: . A PARCEL OF LAND LYING IN SECTION 16, TOWNSHIP 42 SOUTH, RANGE 41 EAST PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE SOUTHERLY QUARTER SECTION CORNER OF SAID SECTION 16 TRAVEL NO0°27'07"E, ALONG THE SOUTHERLY QUARTER SECTION LINE OF SAID SECTION 16, A DISTANCE OF 687.82 FEET TO A POINT, SAID POINT LYING ON THE NORTHERLY RIGHT OF WAY LINE OF LAKE PARK WEST ROAD; THENCE TRAVEL S89°38'16"E, ALONG THE SAID NORTHERLY RIGHT OF WAY LINE OF LAKE PARK WEST ROAD, A DISTANCE OF 1,763.93 FEET TO THE POINT OF BEGINNING; THENCE TRAVEL N00°46'39"E, A DISTANCE OF 2,018.50 FEET TO A POINT IN THE EASTERLY QUARTER SECTION LINE OF SAID SECTION 16; THENCE TRAVEL S88°34'03"E, ALONG SAID EASTERLY QUARTER SECTION LINE OF SECTION 16;A DISTANCE OF 914.13 FEET TO THE EAST ONE QUARTER SECTION CORNER OF SAID SECTION 1§; THENCE TRAVEL S01°06'33"W ALONG THE EAST LINE OF SAID SECTION 16, A _. DISTANCE OF 2,001.54 FEET TO AN INTERSECTION WITH TI4 SAID NORTH RIGHT OF WAY LINE OF THE 100 FOOT WIDE LAKE PARK WEST ROAD; THENCE N89°3 8'16"W, ALONG THE SAID NORTH RIGHT OF WAY LINE OF LAKE PARK WEST ROAD, A DISTANCE OF 902.50 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN PALM BEACH COUNTY,FLORIDA CONTAINING 2,696,386 SQUARE FEET;QJ 61541 1b 'rR S;MORE R S 1-• :i ,1t; I hereby certify that the foregoing is a V copy of t e record in my office. - .'`•- Dey "< .20L..S ;/ DO OTHY H. WiLik tyi /7`;'7 C����'' ���� ik-Circuit Court Statutes & Constitution :View Statutes : flsenate.gov Page 1 of 22 Select Year: 2008 r a Go The 2008 Florida Statutes CHAPTER 171 LOCAL GOVERNMENT BOUNDARIES PART I MUNICIPAL ANNEXATION OR CONTRACTION (ss. 171.011-171.094) PART II INTERLOCAL SERVICE BOUNDARY AGREEMENTS (ss. 171.20-171.212) PART I MUNICIPAL ANNEXATION OR CONTRACTION 171.011 Short title. 171.021 Purpose. 171.022 Preemption; effect on special laws. 171.031 Definitions. 171.0413 Annexation procedures. 171.042 Prerequisites to annexation. 171.043 Character of the area to be annexed. 171.044 Voluntary annexation. 171.045 Annexation limited to a single county. 171.046 Annexation of enclaves. 171.051 Contraction procedures. 171.052 Criteria for contraction of municipal boundaries. 171.061 Apportionment of debts and taxes in annexations or contractions. 171.062 Effects of annexations or contractions. 171.071 Effect in Miami-Dade County. 171.081 Appeal on annexation or contraction. httn•llwwwflcenate anv/Rtatntec/inrlpx efm9r1=7R,Ann mnrle=Tlicnlav 4tatuteR'TTR1 =Ch 5/77/7(1(19 Statutes & Constitution :View Statutes : flsenate.gov Page 2 of 22 171.091 Recording. 171.093 Municipal annexation within independent special districts. 171.094 Effect of interlocal service boundary agreements adopted under part II on annexations under this part. 171.011 Short title.--This chapter shall be known and may be cited as the"Municipal Annexation or Contraction Act." History.--s. 1, ch. 74-190. 171.021 Purpose.--The purposes of this act are to set forth procedures for adjusting the boundaries of municipalities through annexations or contractions of corporate limits and to set forth criteria for determining when annexations or contractions may take place so as to: (1) Ensure sound urban development and accommodation to growth. (2) Establish uniform legislative standards throughout the state for the adjustment of municipal boundaries. (3) Ensure the efficient provision of urban services to areas that become urban in character. (4) Ensure that areas are not annexed unless municipal services can be provided to those areas. History.--s. 1, ch. 74-190. 171.022 Preemption; effect on special laws.-- (1) It is further the purpose of this act to provide viable and usable general law standards and procedures for adjusting the boundaries of municipalities in this state. (2) The provisions of any special act or municipal charter relating to the adjusting of municipal boundaries in effect on October 1, 1974, are repealed except as otherwise provided herein. History.--s. 1, ch. 74-190. 171.031 Definitions.--As used in this chapter, the following words and terms have the following meanings unless some other meaning is plainly indicated: (1) "Annexation" means the adding of real property to the boundaries of an incorporated municipality, such addition making such real property in every way a part of the municipality. (2) "Contraction" means the reversion of real property within municipal boundaries to an unincorporated status. (3) "Municipality" means a municipality created pursuant to general or special law authorized or recognized pursuant to s. 2 or s. 6, Art. VIII of the State Constitution. (4) "Newspaper of general circulation" means a newspaper printed in the language most commonly spoken in the area within which it circulates, which is readily available for purchase by all inhabitants in its area of circulation, but does not include a newspaper intended primarily for members of a particular professional or occupational group, a newspaper whose primary function is to carry legal notices, or a newspaper that is given away primarily to distribute advertising. l.*+..•//......, A e«.4. .../Q4.4..4. /:« 7... F 7«—1 P-A«.- 7 T: «l .. Oa a..a D_T TTI T —!"'L c/l^7/1nnn Statutes & Constitution :View Statutes : flsenate.gov Page 3 of 22 (5) "Parties affected" means any persons or firms owning property in, or residing in, either a municipality proposing annexation or contraction or owning property that is proposed for annexation to a municipality or any governmental unit with jurisdiction over such area. (6) "Qualified voter" means any person registered to vote in accordance with law. (7) "Sufficiency of petition" means the verification of the signatures and addresses of all signers of a petition with the voting list maintained by the county supervisor of elections and certification that the number of valid signatures represents the required percentage of the total number of qualified voters in the area affected by a proposed annexation. (8) "Urban in character" means an area used intensively for residential, urban recreational or conservation parklands, commercial, industrial, institutional, or governmental purposes or an area undergoing development for any of these purposes. (9) "Urban services" means any services offered by a municipality, either directly or by contract, to any of its present residents. (10) "Urban purposes" means that land is used intensively for residential, commercial, industrial, institutional, and governmental purposes, including any parcels of land retained in their natural state or kept free of development as dedicated greenbelt areas. (11) "Contiguous" means that a substantial part of a boundary of the territory sought to be annexed by a municipality is coterminous with a part of the boundary of the municipality. The separation of the territory sought to be annexed from the annexing municipality by a publicly owned county park; a right-of-way for a highway, road, railroad, canal, or utility; or a body of water, watercourse, or other minor geographical division of a similar nature, running parallel with and between the territory sought to be annexed and the annexing municipality, shall not prevent annexation under this act, provided the presence of such a division does not, as a practical matter, prevent the territory sought to be annexed and the annexing municipality from becoming a unified whole with respect to municipal services or prevent their inhabitants from fully associating and trading with each other, socially and economically. However, nothing herein shall be construed to allow local rights-of-way, utility easements, railroad rights-of-way, or like entities to be annexed in a corridor fashion to gain contiguity; and when any provision or provisions of special law or laws prohibit the annexation of territory that is separated from the annexing municipality by a body of water or watercourse, then that law shall prevent annexation under this act. (12) "Compactness" means concentration of a piece of property in a single area and precludes any action which would create enclaves, pockets, or finger areas in serpentine patterns. Any annexation proceeding in any county in the state shall be designed in such a manner as to ensure that the area will be reasonably compact. (13) "Enclave" means: (a) Any unincorporated improved or developed area that is enclosed within and bounded on all sides by a single municipality; or (b) Any unincorporated improved or developed area that is enclosed within and bounded by a single municipality and a natural or manmade obstacle that allows the passage of vehicular traffic to that unincorporated area only through the municipality. History.--s. 1, ch. 74-190; s. 1, ch. 75-297; s. 75, ch. 81-259; s. 1, ch. 84-148; s. 15, ch. 93-206. 171.0413 Annexation procedures.--Any municipality may annex contiguous, compact, unincorporated territory in the following manner: 11 /'__ _11 n_-_n n • r . .. ..trrT ... �.,.�........,. Statutes & Constitution :View Statutes : flsenate.gov Page 4 of 22 (1) An ordinance proposing to annex an area of contiguous, compact, unincorporated territory shall be adopted by the governing body of the annexing municipality pursuant to the procedure for the adoption of a nonemergency ordinance established by s. 166.041. Prior to the adoption of the ordinance of annexation, the local governing body shall hold at least two advertised public hearings. The first public hearing shall be on a weekday at least 7 days after the day that the first advertisement is published. The second public hearing shall be held on a weekday at least 5 days after the day that the second advertisement is published. Each such ordinance shall propose only one reasonably compact area to be annexed. However, prior to the ordinance of annexation becoming effective, a referendum on annexation shall be held as set out below, and, if approved by the referendum, the ordinance shall become effective 10 days after the referendum or as otherwise provided in the ordinance, but not more than 1 year following the date of the referendum. (2) Following the final adoption of the ordinance of annexation by the governing body of the annexing municipality, the ordinance shall be submitted to a vote of the registered electors of the area proposed to be annexed. The governing body of the annexing municipality may also choose to submit the ordinance of annexation to a separate vote of the registered electors of the annexing municipality. The referendum on annexation shall be called and conducted and the expense thereof paid by the governing body of the annexing municipality. (a) The referendum on annexation shall be held at the next regularly scheduled election following the final adoption of the ordinance of annexation by the governing body of the annexing municipality or at a special election called for the purpose of holding the referendum. However, the referendum, whether held at a regularly scheduled election or at a special election, shall not be held sooner than 30 days following the final adoption of the ordinance by the governing body of the annexing municipality. (b) The governing body of the annexing municipality shall publish notice of the referendum on annexation at least once each week for 2 consecutive weeks immediately preceding the date of the referendum in a newspaper of general circulation in the area in which the referendum is to be held. The notice shall give the ordinance number, the time and places for the referendum, and a brief, general description of the area proposed to be annexed. The description shall include a map clearly showing the area and a statement that the complete legal description by metes and bounds and the ordinance can be obtained from the office of the city clerk. (c) On the day of the referendum on annexation there shall be prominently displayed at each polling place a copy of the ordinance of annexation and a description of the property proposed to be annexed. The description shall be by metes and bounds and shall include a map clearly showing such area. (d) Ballots or mechanical voting devices used in the referendum on annexation shall offer the choice"For annexation of property described in ordinance number of the City of " and "Against annexation of property described in ordinance number of the City of " in that order. (e) If the referendum is held only in the area proposed to be annexed and receives a majority vote, or if the ordinance is submitted to a separate vote of the registered electors of the annexing municipality and the area proposed to be annexed and there is a separate majority vote for annexation in the annexing municipality and in the area proposed to be annexed, the ordinance of annexation shall become effective on the effective date specified therein. If there is any majority vote against annexation, the ordinance shall not become effective, and the area proposed to be annexed shall not be the subject of an annexation ordinance by the annexing municipality for a period of 2 years from the date of the referendum on annexation. (3) Any parcel of land which is owned by one individual, corporation, or legal entity, or owned collectively by one or more individuals, corporations, or legal entities, proposed to be annexed under the provisions of this act shall not be severed, separated, divided, or partitioned by the Statutes & Constitution :View Statutes : flsenate.gov Page 5 of 22 provisions of said ordinance, but shall, if intended to be annexed, or if annexed, under the provisions of this act, be annexed in its entirety and as a whole. However, nothing herein contained shall be construed as affecting the validity or enforceability of any ordinance declaring an intention to annex land under the existing law that has been enacted by a municipality prior to July 1, 1975. The owner of such property may waive the requirements of this subsection if such owner does not desire all of the tract or parcel included in said annexation. (4) Except as otherwise provided in this law, the annexation procedure as set forth in this section shall constitute a uniform method for the adoption of an ordinance of annexation by the governing body of any municipality in this state, and all existing provisions of special laws which establish municipal annexation procedures are repealed hereby; except that any provision or provisions of special law or laws which prohibit annexation of territory that is separated from the annexing municipality by a body of water or watercourse shall not be repealed. (5) If more than 70 percent of the land in an area proposed to be annexed is owned by individuals, corporations, or legal entities which are not registered electors of such area, such area shall not be annexed unless the owners of more than 50 percent of the land in such area consent to such annexation. Such consent shall be obtained by the parties proposing the annexation prior to the referendum to be held on the annexation. (6) Notwithstanding subsections (1) and (2), if the area proposed to be annexed does not have any registered electors on the date the ordinance is finally adopted, a vote of electors of the area proposed to be annexed is not required. In addition to the requirements of subsection (5), the area may not be annexed unless the owners of more than 50 percent of the parcels of land in the area proposed to be annexed consent to the annexation. If the governing body does not choose to hold a referendum of the annexing municipality pursuant to subsection (2), then the property owner consents required pursuant to subsection (5) shall be obtained by the parties proposing the annexation prior to the final adoption of the ordinance, and the annexation ordinance shall be effective upon becoming a law or as otherwise provided in the ordinance. History.--s. 2, ch. 75-297; s. 1, ch. 76-176; s. 44, ch. 77-104; s. 1, ch. 80-350; s. 76, ch. 81-259; s. 1, ch. 86-113; s. 15, ch. 90-279; s. 16, ch. 93-206; s. 1, ch. 93-243; s. 1, ch. 94-196; s. 1448, ch. 95-147; s. 12, ch. 99-378. 171.042 Prerequisites to annexation.-- (1) Prior to commencing the annexation procedures under s. 171.0413, the governing body of the municipality shall prepare a report setting forth the plans to provide urban services to any area to be annexed, and the report shall include the following: (a) A map or maps of the municipality and adjacent territory showing the present and proposed municipal boundaries, the present major trunk water mains and sewer interceptors and outfalls, the proposed extensions of such mains and outfalls, as required in paragraph (c), and the general land use pattern in the area to be annexed. (b) A statement certifying that the area to be annexed meets the criteria in s. 171.043. (c) A statement setting forth the plans of the municipality for extending to the area to be annexed each major municipal service performed within the municipality at the time of annexation. Specifically, such plans shall: 1. Provide for extending urban services except as otherwise provided herein to the area to be annexed on the date of annexation on substantially the same basis and in the same manner as such services are provided within the rest of the municipality prior to annexation. 2. Provide for the extension of existing municipal water and sewer services into the area to be 1,4+..•//.,...,,fl�o...+e ..../Q4 �..� /:« 7 .. n«-1 D_A _ ] —T7_�t___ c�_�__�_O_7 rrir _mot cin^T inn nn Statutes & Constitution :View Statutes : flsenate.gov Page 6 of 22 annexed so that, when such services are provided, property owners in the area to be annexed will be able to secure public water and sewer service according to the policies in effect in such municipality for extending water and sewer lines to individual lots or subdivisions. 3. If extension of major trunk water mains and sewer mains into the area to be annexed is necessary, set forth a proposed timetable for construction of such mains as soon as possible following the effective date of annexation. 4. Set forth the method under which the municipality plans to finance extension of services into the area to be annexed. (2) Not fewer than 15 days prior to commencing the annexation procedures under s. 171.0413, the governing body of the municipality shall file a copy of the report required by this section with the board of county commissioners of the county wherein the municipality is located. Failure to timely file the report as required in this subsection may be the basis for a cause of action invalidating the annexation. (3) The governing body of the municipality shall, not less than 10 days prior to the date set for the first public hearing required by s. 171.0413(1), mail a written notice to each person who resides or owns property within the area proposed to be annexed. The notice must describe the annexation proposal, the time and place for each public hearing to be held regarding the annexation, and the place or places within the municipality where the proposed ordinance may be inspected by the public. A copy of the notice must be kept available for public inspection during the regular business hours of the office of the clerk of the governing body. History.--s. 1, ch. 74-190; s. 3, ch. 75-297; s. 1, ch. 78-19; s. 13, ch. 81-167; s. 13, ch. 83-55; s. 5, ch. 84-241; s. 2, ch. 2006-218. 171.043 Character of the area to be annexed.--A municipal governing body may propose to annex an area only if it meets the general standards of subsection (1) and the requirements of either subsection (2) or subsection (3). (1) The total area to be annexed must be contiguous to the municipality's boundaries at the time the annexation proceeding is begun and reasonably compact, and no part of the area shall be included within the boundary of another incorporated municipality. (2) Part or all of the area to be annexed must be developed for urban purposes. An area developed for urban purposes is defined as any area which meets any one of the following standards: (a) It has a total resident population equal to at least two persons for each acre of land included within its boundaries; (b) It has a total resident population equal to at least one person for each acre of land included within its boundaries and is subdivided into lots and tracts so that at least 60 percent of the total number of lots and tracts are 1 acre or less in size; or (c) It is so developed that at least 60 percent of the total number of lots and tracts in the area at the time of annexation are used for urban purposes, and it is subdivided into lots and tracts so that at least 60 percent of the total acreage, not counting the acreage used at the time of annexation for nonresidential urban purposes, consists of lots and tracts 5 acres or less in size. (3) In addition to the area developed for urban purposes, a municipal governing body may include in the area to be annexed any area which does not meet the requirements of subsection (2) if such area either: Lu�_//__-_-__11_____x_ _ _ /n. i• r n ..n . . .. ,_—< -- -.__.____ Statutes & Constitution :View Statutes : flsenate.gov Page 7 of 22 (a) Lies between the municipal boundary and an area developed for urban purposes, so that the area developed for urban purposes is either not adjacent to the municipal boundary or cannot be served by the municipality without extending services or water or sewer lines through such sparsely developed area; or (b) Is adjacent, on at least 60 percent of its external boundary, to any combination of the municipal boundary and the boundary of an area or areas developed for urban purposes as defined in subsection (2). The purpose of this subsection is to permit municipal governing bodies to extend corporate limits to include all nearby areas developed for urban purposes and, where necessary, to include areas which at the time of annexation are not yet developed for urban purposes whose future probable use is urban and which constitute necessary land connections between the municipality and areas developed for urban purposes or between two or more areas developed for urban purposes. History.--s. 1, ch. 74-190; s. 2, ch. 76-176. 171.044 Voluntary annexation.-- (1) The owner or owners of real property in an unincorporated area of a county which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality. (2) Upon determination by the governing body of the municipality that the petition bears the signatures of all owners of property in the area proposed to be annexed, the governing body may, at any regular meeting, adopt a nonemergency ordinance to annex said property and redefine the boundary lines of the municipality to include said property. Said ordinance shall be passed after notice of the annexation has been published at least once each week for 2 consecutive weeks in some newspaper in such city or town or, if no newspaper is published in said city or town, then in a newspaper published in the same county; and if no newspaper is published in said county, then at least three printed copies of said notice shall be posted for 4 consecutive weeks at some conspicuous place in said city or town. The notice shall give the ordinance number and a brief, general description of the area proposed to be annexed. The description shall include a map clearly showing the area and a statement that the complete legal description by metes and bounds and the ordinance can be obtained from the office of the city clerk. (3) An ordinance adopted under this section shall be filed with the clerk of the circuit court and the chief administrative officer of the county in which the municipality is located and with the Department of State within 7 days after the adoption of such ordinance. The ordinance must include a map which clearly shows the annexed area and a complete legal description of that area by metes and bounds. (4) The method of annexation provided by this section shall be supplemental to any other procedure provided by general or special law, except that this section shall not apply to municipalities in counties with charters which provide for an exclusive method of municipal annexation. (5) Land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves. (6) Not fewer than 10 days prior to publishing or posting the ordinance notice required under subsection (2), the governing body of the municipality must provide a copy of the notice, via certified mail, to the board of the county commissioners of the county wherein the municipality is located. The notice provision provided in this subsection may be the basis for a cause of action invalidating the annexation. Statutes & Constitution :View Statutes : flsenate.gov Page 8 of 22 History.--s. 1, ch. 74-190; ss. 4, 5, ch. 75-297; s. 3, ch. 76-176; s. 2, ch. 86-113; s. 1, ch. 90-171; s. 16, ch. 90-279; s. 16, ch. 98-176; s. 3, ch. 2006-218. 171.045 Annexation limited to a single county.--In order for an annexation proceeding to be valid for the purposes of this chapter, the annexation must take place within the boundaries of a single county. History.--s. 2, ch. 74-190. 171.046 Annexation of enclaves.-- (1) The Legislature recognizes that enclaves can create significant problems in planning, growth management, and service delivery, and therefore declares that it is the policy of the state to eliminate enclaves. (2) In order to expedite the annexation of enclaves of 10 acres or less into the most appropriate incorporated jurisdiction, based upon existing or proposed service provision arrangements, a municipality may: (a) Annex an enclave by interlocal agreement with the county having jurisdiction of the enclave; or (b) Annex an enclave with fewer than 25 registered voters by municipal ordinance when the annexation is approved in a referendum by at least 60 percent of the registered voters who reside in the enclave. (3) This section does not apply to undeveloped or unimproved real property. History.--s. 18, ch. 93-206. 171.051 Contraction procedures.--Any municipality may initiate the contraction of municipal boundaries in the following manner: (1) The governing body shall by ordinance propose the contraction of municipal boundaries, as described in the ordinance, and provide an effective date for the contraction. (2) A petition of 15 percent of the qualified voters in an area desiring to be excluded from the municipal boundaries, filed with the clerk of the municipal governing body, may propose such an ordinance. The municipality to which such petition is directed shall immediately undertake a study of the feasibility of such proposal and shall, within 6 months, either initiate proceedings under subsection (1) or reject the petition, specifically stating the facts upon which the rejection is based. (3) After introduction, the contraction ordinance shall be noticed at least once per week for 2 consecutive weeks in a newspaper of general circulation in the municipality, such notice to describe the area to be excluded. Such description shall include a statement of findings to show that the area to be excluded fails to meet the criteria of s. 171.043, set the time and place of the meeting at which the ordinance will be considered, and advise that all parties affected may be heard. (4) If, at the meeting held for such purpose, a petition is filed and signed by at least 15 percent of the qualified voters resident in the area proposed for contraction requesting a referendum on the question, the governing body shall, upon verification, paid for by the municipality, of the sufficiency of the petition, and before passing such ordinance, submit the question of contraction to a vote of the qualified voters of the area proposed for contraction, or the governing body may •--.- _./• 1 -- -r nn • .-...A�i. Statutes & Constitution :View Statutes : flsenate.gov Page 9 of 22 vote not to contract the municipal boundaries. (5) The governing body may also call for a referendum on the question of contraction on its own volition and in the absence of a petition requesting a referendum. (6) The referendum, if required, shall be held at the next regularly scheduled election, or, if approved by a majority of the municipal governing body, at a special election held prior to such election, but no sooner than 30 days after verification of the petition or passage of the resolution or ordinance calling for the referendum. (7) The municipal governing body shall establish the date of election and publish notice of the referendum election at least once a week for the 2 consecutive weeks immediately prior to the election in a newspaper of general circulation in the area proposed to be excluded or in the municipality. Such notice shall give the time and places for the election and a general description of the area to be excluded, which shall be in the form of a map clearly showing the area proposed to be excluded. (8) Ballots or mechanical voting devices shall offer the choices "For deannexation" and "Against deannexation," in that order. (9) A majority vote"For deannexation" shall cause the area proposed for exclusion to be so excluded upon the effective date set in the contraction ordinance. (10) A majority vote "Against deannexation" shall prevent any part of the area proposed for exclusion from being the subject of a contraction ordinance for a period of 2 years from the date of the referendum election. History.--s. 1, ch. 74-190; s. 17, ch. 90-279. 171.052 Criteria for contraction of municipal boundaries.-- (1) Only those areas which do not meet the criteria for annexation in s. 171.043 may be proposed for exclusion by municipal governing bodies. If the area proposed to be excluded does not meet the criteria of s. 171.043, but such exclusion would result in a portion of the municipality becoming noncontiguous with the rest of the municipality, then such exclusion shall not be allowed. (2) The ordinance shall make provision for apportionment of any prior existing debt and property. History.--s. 1, ch. 74-190. 171.061 Apportionment of debts and taxes in annexations or contractions.-- (1) The area annexed to a municipality shall be subject to the taxes and debts of the municipality upon the effective date of the annexation. However, the annexed area shall not be subject to municipal ad valorem taxation for the current year if the effective date of the annexation falls after the municipal governing body levies such tax. (2) The municipal governing body, in the event of exclusion of territory, shall reach agreement with the county governing body to determine what portion, if any, of the existing indebtedness or property of the municipality shall be assumed by the county of which the excluded territory will become a part, the fair value of such indebtedness or property, and the manner of transfer and financing. History.--s. 1, ch. 74-190. 1,1+r,•//.,,.sn„ A D-T TT)T —!'L ci^1^7i"nnn Statutes & Constitution :View Statutes : flsenate.gov Page 10 of 22 171.062 Effects of annexations or contractions.-- (1) An area annexed to a municipality shall be subject to all laws, ordinances, and regulations in force in that municipality and shall be entitled to the same privileges and benefits as other parts of that municipality upon the effective date of the annexation. (2) If the area annexed was subject to a county land use plan and county zoning or subdivision regulations, these regulations remain in full force and effect until the municipality adopts a comprehensive plan amendment that includes the annexed area. (3) An area excluded from a municipality shall no longer be subject to any laws, ordinances, or regulations in force in the municipality from which it was excluded and shall no longer be entitled to the privileges and benefits accruing to the area within the municipal boundaries upon the effective date of the exclusion. It shall be subject to all laws, ordinances, and regulations in force in that county. (4)(a) A party that has an exclusive franchise which was in effect for at least 6 months prior to the initiation of an annexation to provide solid waste collection services in an unincorporated area may continue to provide such services to an annexed area for 5 years or the remainder of the franchise term, whichever is shorter, if: 1. The franchisee provides, if the annexing municipality requires, a level of quality and frequency of service which is equivalent to that required by the municipality in other areas of the municipality not served by the franchisee, and 2. The franchisee provides such service to the annexed area at a reasonable cost. The cost must include the following as related to providing services to the annexed area: a. Capital costs for land, structures, vehicles, equipment, and other items used for solid waste management; b. Operating and maintenance costs for solid waste management; c. Costs to comply with applicable statutes, rules, permit conditions, and insurance requirements; d. Disposal costs; and e. A reasonable profit. If the municipality and the franchisee cannot enter into an agreement as to such cost, they shall submit the matter of cost to arbitration. (b) A municipality, at its option, may allow the franchisee to continue providing services pursuant to the existing franchise agreement. (c) A municipality may terminate any franchise if the franchisee does not agree to comply with the requirements of paragraph (a) within 90 days after the effective date of the proposed annexation. (5) A party that has a contract that was in effect for at least 6 months prior to the initiation of an annexation to provide solid waste collection services in an unincorporated area may continue to provide such services to an annexed area for 5 years or the remainder of the contract term, whichever is shorter. Within a reasonable time following a written request to do so, the party shall provide the annexing municipality with a copy of the pertinent portion of the contract or other written evidence showing the duration of the contract, excluding any automatic renewals or so- called "evergreen" provisions. This subsection does not apply to contracts to provide solid waste Statutes & Constitution :View Statutes : flsenate.gov Page 11 of 22 collection services to single-family residential properties in those enclaves described in s. 171.046. History.--s. 1, ch. 74-190; s. 22, ch. 85-55; s. 1, ch. 88-92; s. 17, ch. 93-206; s. 2, ch. 93-243; s. 2, ch. 2000-304. 171.071 Effect in Miami-Dade County.--Municipalities within the boundaries of Miami-Dade County shall adopt annexation or contraction ordinances pursuant to methods established by the home rule charter established pursuant to s. 6(e), Art. VIII of the State Constitution. History.--s. 1, ch. 74-190; s. 31, ch. 2008-4. 171.081 Appeal on annexation or contraction.-- (1) Any party affected who believes that he or she will suffer material injury by reason of the failure of the municipal governing body to comply with the procedures set forth in this chapter for annexation or contraction or to meet the requirements established for annexation or contraction as they apply to his or her property may file a petition in the circuit court for the county in which the municipality or municipalities are located seeking review by certiorari. The action may be initiated at the party's option within 30 days following the passage of the annexation or contraction ordinance or within 30 days following the completion of the dispute resolution process in subsection (2). In any action instituted pursuant to this subsection, the complainant, should he or she prevail, shall be entitled to reasonable costs and attorney's fees. (2) If the affected party is a governmental entity, no later than 30 days following the passage of an annexation or contraction ordinance, the governmental entity must initiate and proceed through the conflict resolution procedures established in chapter 164. If there is a failure to resolve the conflict, no later than 30 days following the conclusion of the procedures established in chapter 164, the governmental entity that initiated the conflict resolution procedures may file a petition in the circuit court for the county in which the municipality or municipalities are located seeking review by certiorari. In any legal action instituted pursuant to this subsection, the prevailing party is entitled to reasonable costs and attorney's fees. History.--s. 1, ch. 74-190; s. 3, ch. 78-95; s. 916, ch. 95-147; s. 5, ch. 2006-218. 171.091 Recording.--Any change in the municipal boundaries through annexation or contraction shall revise the charter boundary article and shall be filed as a revision of the charter with the Department of State within 30 days. History.--s. 1, ch. 74-190. 171.093 Municipal annexation within independent special districts.-- (1) The purpose of this section is to provide an orderly transition of special district service responsibilities in an annexed area from an independent special district which levies ad valorem taxes to a municipality following the municipality's annexation of property located within the jurisdictional boundaries of an independent special district, if the municipality elects to assume such responsibilities. (2) The municipality may make such an election by adopting a resolution evidencing the election and forwarding the resolution to the office of the special district and the property appraiser and tax collector of the county in which the annexed property is located. In addition, the municipality may incorporate its election into the annexation ordinance. (3) Upon a municipality's election to assume the district's responsibilities, the municipality and the district may enter into an interlocal agreement addressing the orderly transfer of service L.aa.�.//__�___.L l..._._..a_ "---/na-a--a--/�'--�--- -r--' -- ^°- ♦ --- -- - 1 r• 1 r.. • n r rr r.. -u..-......r... Statutes & Constitution :View Statutes : flsenate.gov Page 12 of 22 responsibilities, real assets, equipment, and personnel to the municipality. The agreement shall address allocation of responsibility for special district services, avoidance of double taxation of property owners for such services in the area of overlapping jurisdiction, prevention of loss of any district revenues which may be detrimental to the continued operations of the independent district, avoidance of impairment of existing district contracts, disposition of property and equipment of the independent district and any assumption of indebtedness for it, the status and employee rights of any adversely affected employees of the independent district, and any other matter reasonably related to the transfer of responsibilities. (4)(a) If the municipality and the district are unable to enter into an interlocal agreement pursuant to subsection (3), the municipality shall so advise the district and the property appraiser and tax collector of the county in which the annexed property is located and, effective October 1 of the calendar year immediately following the calendar year in which the municipality declares its intent to assume service responsibilities in the annexed area, the district shall remain the service provider in the annexed area for a period of 4 years. During the 4-year period, the municipality shall pay the district an amount equal to the ad valorem taxes or assessments that would have been collected had the property remained in the district. (b) By the end of the 4-year period, or any extension mutually agreed upon by the district and the municipality, the municipality and the district shall enter into an agreement that identifies the existing district property located in the municipality or primarily serving the municipality that will be assumed by the municipality, the fair market value of such property, and the manner of transfer of such property and any associated indebtedness. If the municipality and district are unable to agree to an equitable distribution of the district's property and indebtedness, the matter shall proceed to circuit court. In equitably distributing the district's property and associated indebtedness, the taxes and other revenues paid the district by or on behalf of the residents of the annexed area shall be taken into consideration. (c) During the 4-year period, or during any mutually agreed upon extension, district service and capital expenditures within the annexed area shall continue to be rationally related to the annexed area's service needs. Service and capital expenditures within the annexed area shall also continue to be rationally related to the percentage of district revenue received on behalf of the residents of the annexed area when compared to the district's total revenue. A capital expenditure greater than $25,000 shall not be made by the district for use primarily within the annexed area without the express consent of the municipality. (5) If the municipality elects not to assume the district's responsibilities, the district shall remain the service provider in the annexed area, the geographical boundaries of the district shall continue to include the annexed area, and the district may continue to levy ad valorem taxes and assessments on the real property located within the annexed area. If the municipality elects to assume the district's responsibilities in accordance with subsection (3), the district's boundaries shall contract to exclude the annexed area at the time and in the manner provided in the agreement. (6) If the municipality elects to assume the district's responsibilities and the municipality and the district are unable to enter into an interlocal agreement, and the district continues to remain the service provider in the annexed area in accordance with subsection (4), the geographical boundaries of the district shall contract to exclude the annexed area on the effective date of the beginning of the 4-year period provided for in subsection (4). Nothing in this section precludes the contraction of the boundary of any independent special district by special act of the Legislature. The district shall not levy ad valorem taxes or assessments on the annexed property in the calendar year in which its boundaries contract and subsequent years, but it may continue to collect and use all ad valorem taxes and assessments levied in prior years. Nothing in this section prohibits the district from assessing user charges and impact fees within the annexed area while it remains the service provider. (7) In addition to any other authority provided by law, a municipality is authorized to levy httn•//xxnxnx7#1eanatP nrvxr/Ctatiitae/inAnv nfIm9,zzz1 R1 A.... ..,...de-1 ,.-l.,.. Q+,+„+.P TTDT —C9. eI')1/'')nn(l Statutes & Constitution :View Statutes : flsenate.gov Page 13 of 22 assessments on property located in an annexed area to offset all or a portion of the costs incurred by the municipality in assuming district responsibilities pursuant to this section. Such assessments may be collected pursuant to and in accordance with applicable law. (8) This section does not apply to districts created pursuant to chapter 190 or chapter 373. History.--s. 8, ch. 2000-304; s. 29, ch. 2001-60. 171.094 Effect of interlocal service boundary agreements adopted under part II on annexations under this part.-- (1) An interlocal service boundary agreement entered into pursuant to part II is binding on the parties to the agreement, and a party may not take any action that violates the interlocal service boundary agreement. (2) Notwithstanding any other provision of this part, without the consent of the county, the affected municipality, or affected independent special district by resolution, a county, an invited municipality, or independent special district may not take any action that violates an interlocal service boundary agreement. History.--s. 4, ch. 2006-218. PART II INTERLOCAL SERVICE BOUNDARY AGREEMENTS 171.20 Short title. 171.201 Legislative intent. 171.202 Definitions. 171.203 Interlocal service boundary agreement. 171.204 Prerequisites to annexation under this part. 171.205 Consent requirements for annexation of land under this part. 171.206 Effect of interlocal service boundary area agreement on annexations. 171.207 Transfer of powers. 171.208 Municipal extraterritorial power. 171.209 County incorporated area power. 171.21 Effect of part on interlocal agreement and county charter. 171.211 Interlocal service boundary agreement presumed valid and binding. 171.212 Disputes regarding construction and effect of an interlocal service boundary agreement. 171.20 Short title.--This part may be cited as the "Interlocal Service Boundary Agreement Act." httn•//unxnx,fl canatP anv/QtatntPC/inrlPV rfm9n=').QrAnil mnr1 zrz licnla , Qtat„tPR,TTRT =Th 5/')7/') 1(19 Statutes & Constitution :View Statutes : flsenate.gov Page 14 of 22 History.--s. 1, ch. 2006-218. 171.201 Legislative intent.--The Legislature intends to provide an alternative to part I of this chapter for local governments regarding the annexation of territory into a municipality and the subtraction of territory from the unincorporated area of the county. The principal goal of this part is to encourage local governments to jointly determine how to provide services to residents and property in the most efficient and effective manner while balancing the needs and desires of the community. This part is intended to establish a more flexible process for adjusting municipal boundaries and to address a wider range of the effects of annexation. This part is intended to encourage intergovernmental coordination in planning, service delivery, and boundary adjustments and to reduce intergovernmental conflicts and litigation between local governments. It is the intent of this part to promote sensible boundaries that reduce the costs of local governments, avoid duplicating local services, and increase political transparency and accountability. This part is intended to prevent inefficient service delivery and an insufficient tax base to support the delivery of those services. History.--s. 1, ch. 2006-218. 171.202 Definitions.--As used in this part, the term: (1) "Chief administrative officer" means the municipal administrator, municipal manager, county manager, county administrator, or other officer of the municipality, county, or independent special district who reports directly to the governing body of the local government. (2) "Enclave" has the same meaning as provided in s. 171.031. (3) "Independent special district" means an independent special district, as defined in s. 189.403, which provides fire, emergency medical, water, wastewater, or stormwater services. (4) "Initiating county" means a county that commences the process for negotiating an interlocal service boundary agreement through the adoption of an initiating resolution. (5) "Initiating local government" means a county, municipality, or independent special district that commences the process for negotiating an interlocal service boundary agreement through the adoption of an initiating resolution. (6) "Initiating municipality" means a municipality that commences the process for negotiating an interlocal service boundary agreement through the adoption of an initiating resolution. (7) "Initiating resolution" means a resolution adopted by a county, municipality, or independent special district which commences the process for negotiating an interlocal service boundary agreement and which identifies the unincorporated area and other issues for discussion. (8) "Interlocal service boundary agreement" means an agreement adopted under this part, between a county and one or more municipalities, which may include one or more independent special districts as parties to the agreement. (9) "Invited local government" means an invited county, municipality, or special district and any other local government designated as such in an initiating resolution or a responding resolution that invites the local government to participate in negotiating an interlocal service boundary agreement. (10) "Invited municipality" means an initiating municipality and any other municipality designated as such in an initiating resolution or a responding resolution that invites the municipality to participate in negotiating an interlocal service boundary agreement. �14r •��iinanv�anr.nfo rte.../Q4.,4„40../;«.a e�. ..F 7«—'"f 9. A«« ,,,.1,.—Tl:,.._l.__. Oa..a__a.,O_T T77T —/�L C/01^7/1/1hl1 Statutes & Constitution :View Statutes : flsenate.gov Page 15 of 22 (11) "Municipal service area" means one or more of the following as designated in an interlocal service boundary agreement: (a) An unincorporated area that has been identified in an interlocal service boundary agreement for municipal annexation by a municipality that is a party to the agreement. (b) An unincorporated area that has been identified in an interlocal service boundary agreement to receive municipal services from a municipality that is a party to the agreement or from the municipality's designee. (12) "Notified local government" means the county or a municipality, other than an invited municipality, that receives an initiating resolution. (13) "Participating resolution" means the resolution adopted by the initiating local government and the invited local government. (14) "Requesting resolution" means the resolution adopted by a municipality seeking to participate in the negotiation of an interlocal service boundary agreement. (15) "Responding resolution" means the resolution adopted by the county or an invited municipality which responds to the initiating resolution and which may identify an additional unincorporated area or another issue for discussion, or both, and may designate an additional invited municipality or independent special district. (16) "Unincorporated service area" means one or more of the following as designated in an interlocal service boundary agreement: (a) An unincorporated area that has been identified in an interlocal service boundary agreement and that may not be annexed without the consent of the county. (b) An unincorporated area or incorporated area, or both, which have been identified in an interlocal service boundary agreement to receive municipal services from a county or its designee or an independent special district. History.--s. 1, ch. 2006-218. 171.203 Interlocal service boundary agreement.--The governing body of a county and one or more municipalities or independent special districts within the county may enter into an interlocal service boundary agreement under this part. The governing bodies of a county, a municipality, or an independent special district may develop a process for reaching an interlocal service boundary agreement which provides for public participation in a manner that meets or exceeds the requirements of subsection (13), or the governing bodies may use the process established in this section. (1) A county, a municipality, or an independent special district desiring to enter into an interlocal service boundary agreement shall commence the negotiation process by adopting an initiating resolution. The initiating resolution must identify an unincorporated area or incorporated area, or both, to be discussed and the issues to be negotiated. The identified area must be specified in the initiating resolution by a descriptive exhibit that includes, but need not be limited to, a map or legal description of the designated area. The issues for negotiation must be listed in the initiating resolution and may include, but need not be limited to, the issues listed in subsection (6). An independent special district may initiate the interlocal service boundary agreement for the purposes of dissolving an independent special district or in response to a proposed annexation that would remove more than 10 percent of the taxable or assessable value of an independent special district. L.4+«.//.........ll....._..4.. ._.._./O a�a__�__/_��___ _L__ l___' o_ ♦ ____ ___ _ 1_ T•_. t n. n.r, . �• ,.r,r.u.A rt... Statutes & Constitution :View Statutes : flsenate.gov Page 16 of 22 (a) The initiating resolution of an initiating county must designate one or more invited municipalities. The initiating resolution of an initiating municipality may designate an invited municipality. The initiating resolution of an independent special district must designate one or more invited municipalities and invite the county. (b) An initiating county shall send the initiating resolution by United States certified mail to the chief administrative officer of every invited municipality and each other municipality within the county. An initiating municipality shall send the initiating resolution by United States certified mail to the chief administrative officer of the county, the invited municipality, if any, and each other municipality within the county. (c) The initiating local government shall also send the initiating resolution to the chief administrative officer of each independent special district in the unincorporated area designated in the initiating resolution. (2) Within 60 days after the receipt of an initiating resolution, the county or the invited municipality, as appropriate, shall adopt a responding resolution. The responding resolution may identify an additional unincorporated area or incorporated area, or both, for discussion and may designate additional issues for negotiation. The additional identified area, if any, must be specified in the responding resolution by a descriptive exhibit that includes, but need not be limited to, a map or legal description of the designated area. The additional issues designated for negotiation, if any, must be listed in the responding resolution and may include, but need not be limited to, the issues listed in subsection (6). The responding resolution may also invite an additional municipality or independent special district to negotiate the interlocal service boundary agreement. (a) Within 7 days after the adoption of a responding resolution, the responding county shall send the responding resolution by United States certified mail to the chief administrative officer of the initiating municipality, each invited municipality, if any, and the independent special district that received an initiating resolution. (b) Within 7 days after the adoption of a responding resolution, an invited municipality shall send the responding resolution by United States certified mail to the chief administrative officer of the initiating county, each invited municipality, if any, and each independent special district that received an initiating resolution. (c) An invited municipality that was invited by a responding resolution shall adopt a responding resolution in accordance with paragraph (b). (d) Within 60 days after receipt of the initiating resolution, any independent special district that received an initiating resolution and that desires to participate in the negotiations shall adopt a resolution indicating that it intends to participate in the negotiation process for the interlocal service boundary agreement. Within 7 days after the adoption of the resolution, the independent special district shall send the resolution by United States certified mail to the chief administrative officer of the county, the initiating municipality, each invited municipality, if any, and each notified local government. (3) A municipality within the county which is not an invited municipality may request participation in the negotiations for the interlocal service boundary agreement. Such a request must be accomplished by adopting a requesting resolution within 60 days after receipt of the initiating resolution or within 10 days after receipt of the responding resolution. Within 7 days after adoption of the requesting resolution, the requesting municipality shall send the resolution by United States certified mail to the chief administrative officer of the initiating local government and each invited municipality. The county and the invited municipality shall consider whether to allow a requesting municipality to participate in the negotiations, and, if they agree, the county and the municipality shall adopt a participating resolution allowing the requesting municipality to participate in the negotiations. �44n•//�anini TI°IaYln4v C4n4114on/,'«,auv Pr A D_T TDT —C'L. c/^11I AAfl Statutes & Constitution :View Statutes : flsenate.gov Page 17 of 22 (4) The county, the invited municipalities, the participating municipalities, if any, and the independent special districts, if any have adopted a resolution to participate, shall begin negotiations within 60 days after receipt of the responding resolution or a participating resolution, whichever occurs later. (5) An invited municipality that fails to adopt a responding resolution shall be deemed to waive its right to participate in the negotiation process and shall be bound by an interlocal agreement resulting from such negotiation process, if any is reached. (6) An interlocal service boundary agreement may address any issue concerning service delivery, fiscal responsibilities, or boundary adjustment. The agreement may include, but need not be limited to, provisions that: (a) Identify a municipal service area. (b) Identify an unincorporated service area. (c) Identify the local government responsible for the delivery or funding of the following services within the municipal service area or the unincorporated service area: 1. Public safety. 2. Fire, emergency rescue, and medical. 3. Water and wastewater. 4. Road ownership, construction, and maintenance. 5. Conservation, parks, and recreation. 6. Stormwater management and drainage. (d) Address other services and infrastructure not currently provided by an electric utility as defined by s. 366.02(2) or a natural gas transmission company as defined by s. 368.103(4). However, this paragraph does not affect any territorial agreement between electrical utilities or public utilities under chapter 366 or affect the determination of a territorial dispute by the Public Service Commission under s. 366.04. (e) Establish a process and schedule for annexation of an area within the designated municipal service area consistent with s. 171.205. (f) Establish a process for land use decisions consistent with part II of chapter 163, including those made jointly by the governing bodies of the county and the municipality, or allow a municipality to adopt land use changes consistent with part II of chapter 163 for areas that are scheduled to be annexed within the term of the interlocal agreement; however, the county comprehensive plan and land development regulations shall control until the municipality annexes the property and amends its comprehensive plan accordingly. Comprehensive plan amendments to incorporate the process established by this paragraph are exempt from the twice-per-year limitation under s. 163.3187. (g) Address other issues concerning service delivery, including the transfer of services and infrastructure and the fiscal compensation to one county, municipality, or independent special district from another county, municipality, or independent special district. (h) Provide for the joint use of facilities and the colocation of services. Statutes & Constitution :View Statutes : flsenate.gov Page 18 of 22 (i) Include a requirement for a report to the county of the municipality's planned service delivery, as provided in s. 171.042, or as otherwise determined by agreement. (j) Establish a procedure by which the local government that is responsible for water and wastewater services shall, within 30 days after the annexation or subtraction of territory, apply for any modifications to permits of the water management district or the Department of Environmental Protection which are necessary to reflect changes in the entity that is responsible for managing surface water under such permits. (7) If the interlocal service boundary agreement addresses responsibilities for land use planning under chapter 163, the agreement must also establish the procedures for preparing and adopting comprehensive plan amendments, administering land development regulations, and issuing development orders. (8) In order to ensure that the health and welfare of the residents affected by annexation will be protected, all fire and emergency medical services shall be provided by the existing provider of fire and emergency medical services to the annexed area and remain part of the existing municipal service taxing unit or special district unless: (a) The county and annexing municipality reach an agreement, through interlocal agreement or other legally sufficient means, as to who shall provide these emergency services; or (b) A fire rescue services element exists for the respective county's comprehensive plan filed with the state and the annexing municipality meets the criteria set forth. (9) Each local government that is a party to the interlocal service boundary agreement shall amend the intergovernmental coordination element of its comprehensive plan, as described in s. 163.3177(6)(h)1., no later than 6 months following entry of the interlocal service boundary agreement consistent with s. 163.3177(6)(h)1. Plan amendments required by this subsection are exempt from the twice-per-year limitation under s. 163.3187. (10) An affected person for the purpose of challenging a comprehensive plan amendment required by paragraph (6)(f) includes a person who owns real property, resides, or owns or operates a business within the boundaries of the municipal service area, and a person who owns real property abutting real property within the municipal service area that is the subject of the comprehensive plan amendment, in addition to those other affected persons who would have standing under s. 163.3184. (11)(a) A municipality that is a party to an interlocal service boundary agreement that identifies an unincorporated area for municipal annexation under s. 171.202(11)(a) shall adopt a municipal service area as an amendment to its comprehensive plan to address future possible municipal annexation. The state land planning agency shall review the amendment for compliance with part II of chapter 163. The proposed plan amendment must contain: 1. A boundary map of the municipal service area. 2. Population projections for the area. 3. Data and analysis supporting the provision of public facilities for the area. (b) This part does not authorize the state land planning agency to review, evaluate, determine, approve, or disapprove a municipal ordinance relating to municipal annexation or contraction. (c) Any amendment required by paragraph (a) is exempt from the twice-per-year limitation under s. 163.3187. La.a._.//__.__ __11.__ _a_ ___/Ca_�__a__/___�___ _L__n__—no_ ♦ ____ ___ _ I_ -N'__i_ rI. • • a 7 trr �i -in.ra�nnn Statutes & Constitution :View Statutes : flsenate.gov Page 19 of 22 (12) An interlocal service boundary agreement may be for a term of 20 years or less. The interlocal service boundary agreement must include a provision requiring periodic review. The interlocal service boundary agreement must require renegotiations to begin at least 18 months before its termination date. (13) No earlier than 6 months after the commencement of negotiations, either of the initiating local governments or both, the county, or the invited municipality may declare an impasse in the negotiations and seek a resolution of the issues under ss. 164.1053-164.1057. If the local governments fail to agree at the conclusion of the process under chapter 164, the local governments shall hold a joint public hearing on the issues raised in the negotiations. (14) When the local governments have reached an interlocal service boundary agreement, the county and the municipality shall adopt the agreement by ordinance under s. 166.041 or s. 125.66, respectively. An independent special district, if it consents to the agreement, shall adopt the agreement by final order, resolution, or other method consistent with its charter. The interlocal service boundary agreement shall take effect on the day specified in the agreement or, if there is no date, upon adoption by the county or the invited municipality, whichever occurs later. This part does not prohibit a county or municipality from adopting an interlocal service boundary agreement without the consent of an independent special district, unless the agreement provides for the dissolution of an independent special district or the removal of more than 10 percent of the taxable or assessable value of an independent special district. (15) For a period of 6 months following the failure of the local governments to consent to an interlocal service boundary agreement, the initiating local government may not initiate the negotiation process established in this section to require the responding local government to negotiate an agreement concerning the same identified unincorporated area and the same issues that were specified in the failed initiating resolution. (16) This part does not authorize one local government to require another local government to enter into an interlocal service boundary agreement. However, when the process for negotiating an interlocal service boundary agreement is initiated, the local governments shall negotiate in good faith to the conclusion of the process established in this section. (17) This section authorizes local governments to simultaneously engage in negotiating more than one interlocal service boundary agreement, notwithstanding that separate negotiations concern similar or identical unincorporated areas and issues. (18) Elected local government officials are encouraged to participate actively and directly in the negotiation process for developing an interlocal service boundary agreement. (19) This part does not impair any existing franchise agreement without the consent of the franchisee, any existing territorial agreement between electric utilities or public utilities under chapter 366, or the jurisdiction of the Public Service Commission to resolve a territorial dispute involving electric utilities or public utilities in accordance with s. 366.04. In addition, an interlocal agreement entered into under this section has no effect in a proceeding before the Public Service Commission involving a territorial dispute. A municipality or county shall retain all existing authority, if any, to negotiate a franchise agreement with any private service provider for use of public rights-of-way or the privilege of providing a service. (20) This part does not impair any existing contract without the consent of the parties. History.--s. 1, ch. 2006-218. 171.204 Prerequisites to annexation under this part.--The interlocal service boundary agreement may describe the character of land that may be annexed under this part and may provide that the restrictions on the character of land that may be annexed pursuant to part I are I__111____1___ C1 a_A__a_ 0_TTT1T _!11_ f//1'f//1 AAA Statutes & Constitution :View Statutes : flsenate.gov Page 20 of 22 not restrictions on land that may be annexed pursuant to this part. As determined in the interlocal service boundary agreement, any character of land may be annexed, including, but not limited to, an annexation of land not contiguous to the boundaries of the annexing municipality, an annexation that creates an enclave, or an annexation where the annexed area is not reasonably compact; however, such area must be"urban in character" as defined ins. 171.031(8). The interlocal service boundary agreement may not allow for annexation of land within a municipality that is not a party to the agreement or of land that is within another county. Before annexation of land that is not contiguous to the boundaries of the annexing municipality, an annexation that creates an enclave, or an annexation of land that is not currently served by water or sewer utilities, one of the following options must be followed: (1) The municipality shall transmit a comprehensive plan amendment that proposes specific amendments relating to the property anticipated for annexation to the Department of Community Affairs for review under chapter 163. After considering the departments review, the municipality may approve the annexation and comprehensive plan amendment concurrently. The local government must adopt the annexation and the comprehensive plan amendment as separate and distinct actions but may take such actions at a single public hearing; or (2) A municipality and county shall enter into a joint planning agreement under s. 163.3171, which is adopted into the municipal comprehensive plan. The joint planning agreement must identify the geographic areas anticipated for annexation, the future land uses that the municipality would seek to establish, necessary public facilities and services, including transportation and school facilities and how they will be provided, and natural resources, including surface water and groundwater resources, and how they will be protected. An amendment to the future land use map of a comprehensive plan which is consistent with the joint planning agreement must be considered a small scale amendment. History.--s. 1, ch. 2006-218. 171.205 Consent requirements for annexation of land under this part.--Notwithstanding part I, an interlocal service boundary agreement may provide a process for annexation consistent with this section or with part I. (1) For all or a portion of the area within a designated municipal service area, the interlocal service boundary agreement may provide a flexible process for securing the consent of persons who are registered voters or own property in the area proposed for annexation, or of both such voters and owners, for the annexation of property within a municipal service area, with notice to such voters or owners as required in the interlocal service boundary agreement. The interlocal service boundary agreement may not authorize annexation unless the consent requirements of part I are met or the annexation is consented to by one or more of the following: (a) The municipality has received a petition for annexation from more than 50 percent of the registered voters who reside in the area proposed to be annexed. (b) The annexation is approved by a majority of the registered voters who reside in the area proposed to be annexed voting in a referendum on the annexation. (c) The municipality has received a petition for annexation from more than 50 percent of the persons who own property within the area proposed to be annexed. (2) If the area to be annexed includes a privately owned solid waste disposal facility as defined in s. 403.703(33) which receives municipal solid waste collected within the jurisdiction of multiple local governments, the annexing municipality must set forth in its plan the effects that the annexation of the solid waste disposal facility will have on the other local governments. The plan must also indicate that the owner of the affected solid waste disposal facility has been contacted in writing concerning the annexation, that an agreement between the annexing municipality and c/^1.7 innnn Statutes & Constitution :View Statutes : flsenate.gov Page 21 of 22 the solid waste disposal facility to govern the operations of the solid waste disposal facility if the annexation occurs has been approved, and that the owner of the solid waste disposal facility does not object to the proposed annexation. (3) For all or a portion of an enclave consisting of more than 20 acres within a designated municipal service area, the interlocal service boundary agreement may provide a flexible process for securing the consent of persons who are registered voters or own property in the area proposed for annexation, or of both such voters and owners, for the annexation of property within such an enclave, with notice to such voters or owners as required in the interlocal service boundary agreement. The interlocal service boundary agreement may not authorize annexation of enclaves under this subsection unless the consent requirements of part I are met, the annexation process includes one or more of the procedures in subsection (1), or the municipality has received a petition for annexation from one or more persons who own real property in excess of 50 percent of the total real property within the area to be annexed. (4) For all or a portion of an enclave consisting of 20 acres or fewer within a designated municipal service area, within which enclave not more than 100 registered voters reside, the interlocal service boundary agreement may provide a flexible process for securing the consent of persons who are registered voters or own property in the area proposed for annexation, or of both such voters and owners, for the annexation of property within such an enclave, with notice to such voters or owners as required in the interlocal service boundary agreement. Such an annexation process may include one or more of the procedures in subsection (1) and may allow annexation according to the terms and conditions provided in the interlocal service boundary agreement, which may include a referendum of the registered voters who reside in the area proposed to be annexed. History.--s. 1, ch. 2006-218; s. 11, ch. 2007-5; s. 32, ch. 2008-4. 171.206 Effect of interlocal service boundary area agreement on annexations.-- (1) An interlocal service boundary agreement is binding on the parties to the agreement, and a party may not take any action that violates the interlocal service boundary agreement. (2) Notwithstanding part I, without consent of the county and the affected municipality by resolution, a county or an invited municipality may not take any action that violates the interlocal service boundary agreement. (3) If the independent special district that participated in the negotiation process pursuant to s. 171.203(2)(d) does not consent to the interlocal service boundary agreement and a municipality annexes an area within the independent special district, the independent special district may seek compensation using the process in s. 171.093. History.--s. 1, ch. 2006-218. 171.207 Transfer of powers.--This part is an alternative provision otherwise provided by law, as authorized in s. 4, Art. VIII of the State Constitution, for any transfer of power resulting from an interlocal service boundary agreement for the provision of services or the acquisition of public facilities entered into by a county, municipality, independent special district, or other entity created pursuant to law. History.--s. 1, ch. 2006-218. 171.208 Municipal extraterritorial power.--This part authorizes a municipality to exercise extraterritorial powers that include, but are not limited to, the authority to provide services and facilities within the unincorporated area or within the territory of another municipality as provided within an interlocal service boundary agreement. These powers are in addition to other municipal powers that otherwise exist. However, this power is subject to the jurisdiction of the Public httn.//www_flcenate unv/Ctatntec/inrIex cfm9n=7RrAnn meld e=Tlicrnlav QtatntPRTTTRT =Ph Si1iix1)n4 Statutes & Constitution :View Statutes : flsenate.gov Page 22 of 22 Service Commission to resolve territorial disputes under s. 366.04. An interlocal agreement has no effect on the resolution of a territorial dispute to be determined by the Public Service Commission. History.--s. 1, ch. 2006-218. 171.209 County incorporated area power.--As provided in an interlocal service boundary agreement, this part authorizes a county to exercise powers within a municipality that include, but are not limited to, the authority to provide services and facilities within the territory of a municipality. These powers are in addition to other county powers that otherwise exist. History.--s. 1, ch. 2006-218. 171.21 Effect of part on interlocal agreement and county charter.--A joint planning agreement, a charter provision adopted under s. 171.044(4), or any other interlocal agreement between local governments including a county, municipality, or independent special district is not affected by this part; however, a county, municipality or independent special district may avail itself of this part, which may result in the repeal or modification of a joint planning agreement or other interlocal agreement. A local government within a county that has adopted a charter provision pursuant to s. 171.044(4) may avail itself of the provisions of this part which authorize an interlocal service boundary agreement if such interlocal agreement is consistent with the charter of that county, as the charter was approved, revised, or amended pursuant to s. 125.64. History.--s. 1, ch. 2006-218. 171.211 Interlocal service boundary agreement presumed valid and binding.-- (1) If there is litigation over the terms, conditions, construction, or enforcement of an interlocal service boundary agreement, the agreement shall be presumed valid, and the challenger has the burden of proving its invalidity. (2) Notwithstanding part I, it is the intent of this part to authorize a municipality to enter into an interlocal service boundary agreement that enhances, restricts, or precludes annexations during the term of the agreement. History.--s. 1, ch. 2006-218. 171.212 Disputes regarding construction and effect of an interlocal service boundary agreement.--If there is a question or dispute about the construction or effect of an interlocal service boundary agreement, a local government shall initiate and proceed through the conflict resolution procedures established in chapter 164. If there is a failure to resolve the conflict, no later than 30 days following the conclusion of the procedures established in chapter 164, the local government may file an action in circuit court. For purposes of this section, the term "local government" means a party to the interlocal service boundary agreement. History.--s. 1, ch. 2006-218. Disclaimer:The information on this system is unverified.The journals or printed bills of the respective chambers should be consulted for official purposes.Copyright®2000-2006 State of Florida. httrr//twcxnx,flcanatt. nnw/Ctatntae/incIav rfm9r,=')£ Arw, mrcraa=Tlierd ov C+a+..+A P,T TD T =( 1L. G/77/')!1!10 CITY OF PALM BEACH GARDENS 10500 N, MILITARY TRAIL PALM BEAGH GARDEN% FLORIDA 35410-469a May isi 2009 Lorenzo Aohemo Vla certified mail Planning Director &Via:Email Palm Beach County Planning and Zoning Vista Center Complex,eatio Building 2300 JOS Road,West Palm Barak,FL 33411-2741 Sublet t De-laithemation orate NortiliakeJloalevard PrOPeertY (PCN No.62-4i-4246.00.00o1010.&52-41-42-16-oo-000-5080) Dear Mr.Aghemo: This letter Shall serve as notice for the voluntary de-annexation of the Northlake Boulevard Property, consisting of apprmdmately 61.9-acres, located on the north side of Northlake Boulevard approximately one and one-half tx.$) miles west of the intersection of Northlake Boulevard and Coconut Boulevard (please see attached location mop). The Parcel Control Numbers (PCNI) for the property are as follows: 52-41-42-16-00-000-5010 &52-41-42-16-0.0- 000-5080. The City Council will conduct public hearing regarding the de-annexation request on June 18, 20°9 and July 16, 2009, at 7:oo p.m., or as soon thereafter as can be heard, at the Municipal Complex Building located at 10500 North Military Trail,Palm Beach Gardens,Florida. If you have any questions regarding the de-annexation petition, do not hesitate to contact me at (561)799-4.219,or by email,rmarrero@pb#Lcom, Sincerely, I", s , Mart,' .g Senior Planner Encloses location Map to. Robert Banks,Asst.County Atto.tney Bruce Thompson,Principal Planner MAX Lohman,CitiAttOrneY Kara.Irwin, Growth Management Administrator Nttalie Wong,Planning Manager Jeff Spears, Property Owner • Location Map Parcel Control Numbers (PCNs): 52-41-42-16-00-000-5010 & 52-41-42.16-00-000-5080 t'i0{s+e+e a+i+i+i+{+s0°l+iO+iO +i�4{i{sei q•++i+{•�++••+4+<+4+i++ ./4•+f+4+•04 f f0+1+40{4w't{e+9•{04++ CfO{e{1+00�w�+�fGQ00'L�t�1+0�•�{f0 1+4{{{++4�4{++�•94�{44tt4 a+0+b t04�•)441 {+4•f++•4•eoeed++lt��e �+{+•°A4{+Y,Y9+{4{4i4•+{•+4{4.4b 9�h . ►y++eAe 00•+4p{p+{+tlp4{4+++4y+y t{+{{V{{441�t,•�vt{+•4ft!{{yo+lO++t i`.t4{404+ee/+4{ft+0:�44904f449••11d Lr 4•+4♦++•0{11404++4•�Tt�+t+Ptf��++� H4.4.00O+VO ,'ORT�I']7:✓i3t .LC+�'•�'^"'^"�pi° �-�� {+°t+f44{� HAM:UN RIND 89TH PL N 89TH PL N } 89TH Pt.N g. 88TH PL N 818TH PL.N 88TH PL.N 0 0 87TH Si'N 87'1' 0 ST N 87TH ST E! 86ThRDN 86THRDIJ 85TH RD N 85TH RD N BSTH RD N 1 ORDINANCE 20, 2009 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF CITY OF PALM 5 BEACH GARDENS, FLORIDA CONTRACTING THE CITY'S 6 MUNICIPAL BOUNDARIES BY DEANNEXING A PARCEL OF REAL 7 PROPERTY COMPRISING A TOTAL OF 61.9 ACRES, MORE OR 8 LESS, LOCATED ON THE NORTH SIDE OF NORTHLAKE 9 BOULEVARD APPROXIMATELY ONE-HALF (1/2) MILE WEST OF 10 THE INTERSECTION OF NORTHLAKE BOULEVARD AND 11 COCONUT BOULEVARD, AS MORE PARTICULARLY DESCRIBED 12 HEREIN; AMENDING ARTICLE II OF THE CITY CHARTER TO 13 REDEFINE THE CORPORATE LIMITS; PROVIDING A CONFLICTS 14 CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO 15 CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 16 PURPOSES. 17 18 19 WHEREAS, on January 20, 2005, the City annexed the subject 61.9-acre parcel, 20 more or less, generally located on the north side of Northlake Boulevard approximately 21 0.5 mile west of the intersection of Northlake Boulevard and Coconut Boulevard; and 22 23 WHEREAS, on April 03, 2008, the City Council denied an amendment to the 24 Future Land Use Map of the City's Comprehensive Plan to change the land-use 25 designation of the subject parcel from its current Palm Beach County Rural Residential 26 20 (RR20) land-use designation to a City of Palm Beach Gardens Residential Very Low 27 (RVL) land-use designation; and 28 29 WHEREAS, the property owner has requested that the subject property be de- 30 annexed from the municipal limits of the City of Palm Beach Gardens; and 31 32 WHEREAS, no part of the proposed exclusion area is developed for urban 33 purposes, the proposed exclusion area does not lie between the City's boundary and an 34 area developed for urban purposes, and the proposed exclusion area is not adjacent, 35 on at least 60 percent of its external boundary, to any combination of the City's 36 boundary and the boundary of an area or areas developed for urban purposes; and 37 38 WHEREAS, the area proposed to be excluded from the City's boundaries, 39 depicted hereinabove, does not satisfy the requirements of Section 171.043, Florida 40 Statutes; and 41 42 WHEREAS, the City Council has determined that adoption of this Ordinance is in 43 the best interest of the citizens and residents of the City of Palm Beach Gardens. 44 45 46 Ordinance 20, 2009 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 2 OF PALM BEACH GARDENS, FLORIDA that: 3 4 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 5 6 SECTION 2. The boundaries of the City of Palm Beach Gardens are hereby 7 contracted such that the parcel of land, described herein below, is hereby deannexed from 8 the City, and said parcel is hereby declared to no longer be within the corporate limits of 9 the City of Palm Beach Gardens, Florida: 10 11 LEGAL DESCRIPTION: 12 13 A PARCEL OF LAND LYING IN SECTION 16, TOWNSHIP 42 SOUTH, RANGE 41 14 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY 15 DESCRIBED AS FOLLOWS: 16 17 FROM THE SOUTHERLY 1/4 CORNER OF SAID SECTION 16 TRAVEL N00°27'07"E, 18 ALONG THE SOUTHERLY 1/4 LINE OF SAID SECTION 16, A DISTANCE OF 687.82 19 FEET TO A POINT, SAID POINT LYING ON THE NORTHERLY RIGHT-OF-WAY LINE 20 OF THE 100-FOOT-WIDE LAKE PARK WEST ROAD; THEN TRAVEL S89°38'16"E, 21 ALONG THE SAID NORTHERLY RIGHT-OF-WAY LINE OF LAKE PARK WEST 22 ROAD, A DISTANCE OF 1,333.18 FEET TO THE POINT OF BEGINNING; THENCE 23 CONTINUE S89°38'16"E ALONG THE SAID NORTHERLY RIGHT-OF-WAY LINE OF 24 THE 100-FOOT-WIDE LAKE PARK WEST ROAD, A DISTANCE OF 430.75 FEET TO 25 A POINT; THENCE TRAVEL N00°46'39"E A DISTANCE OF 2,018.50 FEET TO A 26 POINT IN THE EASTERLY 1/4 LINE OF SAID SECTION 16; THENCE TRAVEL 27 N88°34'03"W ALONG THE SAID EASTERLY 1/4 LINE OF SAID SECTION 16 A 28 DISTANCE OF 430.76 FEET TO A POINT; THENCE TRAVEL S00°46'39"W, A 29 DISTANCE OF 2,026.54 FEET TO THE POINT OF BEGINNING. 30 31 TOGETHER WITH THE FOLLOWING: 32 33 A PARCEL OF LAND LYING IN SECTION 16, TOWNSHIP 42 SOUTH, RANGE 41 34 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY 35 DESCRIBED AS FOLLOWS: 36 37 FROM THE SOUTHERLY QUARTER SECTION CORNER OF SAID SECTION 16 38 TRAVEL N00°27107"E, ALONG THE SOUTHERLY QUARTER SECTION LINE OF 39 SAID SECTION 16, A DISTANCE OF 687.82 FEET TO A POINT, SAID POINT LYING 40 ON THE NORTHERLY RIGHT-OF-WAY LINE OF LAKE PARK WEST ROAD; THENCE 41 TRAVEL S89°38'16"E, ALONG THE SAID NORTHERLY RIGHT-OF-WAY LINE OF 42 LAKE PARK WEST ROAD, A DISTANCE OF 1,763.93 FEET TO THE POINT OF 43 BEGINNING; THENCE TRAVEL NO0°46'39"E, A DISTANCE OF 2,018.50 FEET TO A 44 POINT IN THE EASTERLY QUARTER SECTION LINE OF SAID SECTION 16; 45 THENCE TRAVEL S88°34'03"E, ALONG SAID EASTERLY QUARTER SECTION LINE 46 OF SECTION 16; A DISTANCE OF 914.13 FEET TO THE EAST ONE QUARTER 2 Ordinance 20,2009 1 SECTION CORNER OF SAID SECTION 16; THENCE TRAVEL S01°06'33"W ALONG 2 THE EAST LINE OF SAID SECTION 16, A DISTANCE OF 2,001.54 FEET TO AN 3 INTERSECTION WITH THE SAID NORTH RIGHT-OF-WAY LINE OF THE 100-FOOT- 4 WIDE LAKE PARK WEST ROAD; THENCE N89°38116"W, ALONG THE SAID NORTH 5 RIGHT-OF-WAY LINE OF LAKE PARK WEST ROAD, A DISTANCE OF 902.50 FEET 6 TO THE POINT OF BEGINNING. 7 8 SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA CONTAINING 9 2,696,386 SQUARE FEET OR 61.901 ACRES, MORE OR LESS. 10 11 SECTION 3. All assessments or other debt owed to the City of Palm Beach 12 Gardens shall be paid by the property owner within 120 days of the adoption of this 13 Ordinance. 14 15 SECTION 4. All ordinances or parts of ordinances in conflict be and the same are 16 hereby repealed. 17 18 SECTION 5. Should any section or provision of this Ordinance or any portion 19 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 20 to be invalid, such decision shall not affect the validity of the remainder hereof as a whole 21 or part thereof other than the part declared to be invalid. 22 23 SECTION 6. Specific authority is hereby granted to codify this Ordinance. 24 25 SECTION 7. This Ordinance shall become effective immediately upon adoption. 26 27 28 29 (The remainder of this page left intentionally blank) 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 3 Ordinance 20, 2009 1 PASSED this day of , 2009, 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, City Attorney 39 40 1/ 41 42 43 44 45 46 G:\attorney_share\ORDINANCES\2009\Ordinance 20 2009 Deannexation Spears.doc 4 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 18, 2009 Ordinance: 19, 2009 Subject/Agenda Item: Ordinance 19, 2009, amending Fiscal Year 2008/09 Budgeted Fund Balance Carryovers to Actual Amounts per the Fiscal Year 2008 Audit. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ -0- Council Action: Finance (Total) City Attor •y [ ] Approved $ -0- [ ]Approved w/ Current FY conditions [ ] Denied Fi -nce istrator [ ] Continued to Advertised: Funding Source: Date: June 4, 2009 [ ] Operating Attachments: Paper: Palm Beach [ ] Other Post Ordinance 19, 2009 Exhibit"1" [ ] Not Required Submitted by: Allan Owens Department Director Affected parties Budget Acct.#: Approved by: j ] Notified [X] Not required City Man.•er Meeting Date: June 18, 2009 Ordinance: 19, 2009 BACKGROUND: Florida State Statute Section 166.241 requires that amounts available from taxation and other sources, including amounts carried over from prior fiscal years, must equal total appropriations for expenditures and reserves. In order to ensure budgeted expenditures and reserves do not exceed original estimates of carryover balances, it is customary to adjust these balances to actual audited ending balances when the audit is finalized. This ordinance amends the FY 2008/2009 budget by adjusting Fund Balance Carryovers to actual amounts per the FY 2008 audit, as detailed in the attached Exhibit "1". STAFF RECOMMENDATION: Staff recommends a motion to approve Ordinance 19, 2009 on second and final reading. 1 2 3 ORDINANCE 19, 2009 4 5 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 7 BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM 8 BEACH GARDENS' BUDGET FOR THE FISCAL YEAR BEGINNING 9 OCTOBER 1, 2008, AND ENDING SEPTEMBER 30, 2009, 10 INCLUSIVE; PROVIDING A CONFLICTS CLAUSE AND A 11 SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND 12 FOR OTHER PURPOSES. 13 14 15 WHEREAS, the City Council of the City of Palm Beach Gardens, Florida adopted 16 a Budget for the 2008/2009 Fiscal Year; and 17 18 WHEREAS, the City Council has determined that an amendment needs to be 19 made to the previously adopted Fiscal Year 2008/2009 Budget; and 20 21 WHEREAS, the City Council has determined that adoption of this Ordinance is in 22 the best interest of the citizens and residents of the City of Palm Beach Gardens. 23 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 26 OF PALM BEACH GARDENS, FLORIDA that: 27 28 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 29 30 SECTION 2. The City Council hereby amends the revenues and expenditures 31 listed in the attached Exhibit "1" and adopts such amendments as to the Budget of the 32 City of Palm Beach Gardens for the Fiscal Year October 1 , 2008, through September 33 30, 2009, inclusive. 34 35 SECTION 3. All ordinances or parts of ordinances in conflict be and the same are 36 hereby repealed. 37 38 SECTION 4. Should any section or provision of this Ordinance or any portion 39 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 40 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 41 42 SECTION 5. This Ordinance shall become effective immediately upon adoption. 43 44 45 46 Ordinance 19, 2009 1 PASSED this 7 — day of h'1 , 2009, upon first reading. 2 3 PASSED AND ADOPTED this day of , 2009, upon second 4 and final reading. 5 6 7 CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT 8 9 BY: 10 Joseph R. Russo, Mayor 11 12 13 David Levy, Vice Mayor 14 15 16 Eric Jablin, Councilmember 17 18 19 Jody Barnett, Councilmember 20 21 22 Robert G. Premuroso, Councilmember 23 24 25 ATTEST: 26 27 28 BY: 29 Patricia Snider, CMC, City Clerk 30 31 32 APPROVED AS TO FORM AND 33 LEGAL SUFFICIENCY 34 35 36 BY: 37 R. Max Lohman, City Attorney 38 39 40 ,1/7/ 41 42 43 44 45 46 47 G:\attorney_share\ORDINANCES\2009\budget amendment-ord 19 2009.docx 2 City of Palm Beach Gardens Budget Amendment-Ordinance 19,2009 FYE 09/30/09 Exhibit"1" General Fund Increase(Decrease) Expenditures(Uses) Reserves 001.0900.519.9920 4,278,295 Revenues(Sources) Fund Balance Carryover 001.0000.389.0000 4,278,295 ea Increase(Decrease) Expenditures(Uses) Reserves 103.3000.539.9920 (58,022) Revenues(Sources) Fund Balance Carryover 103.0000.389.0000 (58,022) Recreation Programs Fund Increase(Decrease) Expenditures(Uses) Reserves 104.0900.519.9920 331,605 Revenues(Sources) Fund Balance Carryover 104.0000.389.0000 331,605 Increase(Decrease) Expenditures(Uses) Reserves 002.1000.521.9920 5,024 Revenues(Sources) Fund Balance Carryover 002.0000.389.0000 5,024 Art Impart Fund Increase(Decrease) Expenditures(Uses) Reserves 304.1400.515.9920 182,090 Revenues(Sources) Fund Balance Carryover 304.0000.389.0000 182,090 G:\finance_administration\Budget Amendments\FY 2008_2009\ordinance 19 2009 exhibitl 1 City of Palm Beach Gardens Budget Amendment-Ordinance 19,2009 FYE 09/30/09 Exhibit"1" Road Impact Fund Increase(Decrease) Expenditures(Uses) Reserves 305.0900.541.9920 (1,991,497) Revenues(Sources) Fund Balance Carryover 305.0000.389.0000 (1,991,497) Police Impact Fund Increase(Decrease) Expenditures(Uses) Reserves 302.1000.521.9920 551,601 Revenues(Sources) Fund Balance Carryover 302.0000.389.0000 551,601 Fire Impact Fund Increase(Decrease) Expenditures(Uses) Reserves 303.1200.522.9920 (43,727) Revenues(Sources) Fund Balance Carryover 303.0000.389.0000 (43,727) Recreation Impact Fund Increase(Decrease) Expenditures(Uses) Reserves 301.2000.572.9920 (1,135) CIP 301.2000.572.6900 (575,740) Revenues(Sources) Fund Balance Carryover 301.0000.389.0000 (576,875) PGA Flyover Fund Increase(Decrease) Expenditures(Uses) Reserves 308.0900.519.9920 17,801 Revenues(Sources) Fund Balance Carryover 308.0000.389.0000 17,801 G:\finance_administration\Budget Amendments\FY 2008_2009\ordinance 19 2009 exhibitl 2 City of Palm Beach Gardens Budget Amendment-Ordinance 19,2009 FYE 09/30/09 Exhibit"1" Burns Road Fund Increase(Decrease) Expenditures(Uses) Reserves 309.0900.519.9920 21,211 Revenues(Sources) Fund Balance Carryover 309.0000.389.0000 21,211 Reetmatioinalice Find Increase(Decrease) Expenditures(Uses) Reserved Net Assets 501.3020.539.9921 (216,997) Revenues(Sources) Fund Balance Carryover 501.0000.389.0000 (216,997) Increase(Decrease) Expenditures(Uses) Reserves 106.2500.572.9920 227,334 Revenues(Sources) Fund Balance Carryover 106.0000.389.0000 227,334 G:\finance_administration\Budget Amendments\FY 2008_2009\ordinance 19 2009 exhibitl 3 .,. = CITY OF PALM BEACH GARDENS MEMORANDUM vai TO: Mayor and City Council Members THRU: Ron Ferris, City Manager DATE: June 10, 2009 FROM: Kara L. Irwin, Growth Management Administrator SUBJECT: Permanent Pole-mounted Banners and Temporary Banner Criteria CC: Stacy Rundle, Assistant City Manager Jack Doughney, Assistant City Manager Patricia Snider, CMC, City Clerk As requested by City Council at the May 21, 2009, City Council meeting, staff has researched and created criteria for both permanent pole-mounted banners as well as temporary banners for the City Council's consideration. As discussed during the City Council meeting, the City's Land Development Regulations Code prohibits banners, unless specifically approved by City Council or for a special event. The City has had two applications for permanent pole-mounted banners for development projects within the last two years. This was the first time that the development community requested the permanent use of banners on a project, as opposed to temporary grand opening or special event banners. In light of the request for permanent banners, staff is recommending that the City Council adopt criteria for the installation of pole-mounted banners, as well as criteria for temporary banners. Permanent Pole-Mounted Banners Currently, City Council has approved permanent pole-mounted banners for one mixed- use project in the City based on visibility constraints, branding for a project, and way- finding for a project with multiple phases. After evaluating the banner criteria in other municipalities and consistency with existing approvals, City staff is proposing criteria based on the following: • Review process: Permanent banners shall be required to be reviewed and approved by City Council; • Zoning: Banners shall be limited to projects with a Commercial (C) or Mixed-Use (MXD) zoning designation; • Visibility: Banners shall be interior to a site and not visible from adjacent public rights-of way; • Size: Banners shall be in proportion to the height of the pole, with an overall limitation on the area of the signage; • Maintenance: Banners shall be removed if not being maintained properly; • Sign Copy: Sign copy shall be limited to development name, branding logo for the development, which does not permit individual business names or logos for tenants; and • Location: One, two-sided banner shall be permitted to be mounted on an existing parking or pedestrian light pole within a development. Temporary Banners Temporary banners are permitted for grand openings, special event directional signage, and special events signage for promotion of the event. Banners associated with a special event are reviewed and approved through the special event process administratively. As a part of the banner criteria, staff is proposing to apply criteria for the temporary banners that are consistent with a majority of the permanent banner criteria in order to have uniformity. Staff is proposing to codify the following criteria for temporary banners: • Holiday Banners: Shall be limited in duration, size, and visibility. • Special Event Banner: Shall be limited in duration (seven (7) days prior to event and one (1) day after event), size, and sign copy limited (dates, name of event, and sponsorship of event). • Right-of-way Banners: Pole-mounted banners shall be permitted on light poles along City rights-of way with the appropriate permits for regional special events, such as, the Honda Classic and ArtiGras. FDOT permits are required for State rights-of-way. Banners shall be limited in duration (six (6) weeks prior to event), size, and sign copy. Conclusion In order to provide consistency of the signage and limit the visual clutter along rights-of way, staff is proposing to update the Land Development Regulations to provide specific criteria for both permanent and temporary banner signage within the City based on previous City Council approvals. Staff is requesting approval from City Council to update the Land Development Regulations for banners and codify the proposed amendments. 0 , CITY OF PALM BEACH GARDENS patm Bead)Gaidera COUNCIL AGENDA ItrP �� fi June 18, 2009 • 7:00 P.M. ;t-' . -1- --. 4 1,I l'o 1:* Mayor Russo *� Vice Mayor Levy u_ %� Council Member Jablin Council Member Barnett sretAka,i! "7'o` Council Member av,12..fl! ' to Mayor for the Day Pelham if I. PLEDGE OF ALLEGIANCE .11I. ROLL CALL dIII. ADDITIONS, DELETIONS, MODIFICATIONS: "IV ANNOUNCEMENTS /PRESENTATIONS: ✓V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: /VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Aeenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA:. �� a. (Staff Report on Page 4. Resolution on Page 6) Resolution 51, 2009 - Purchase S'a award to Wesco Turf, Inc. A Resolution of the City Council of City of Palm Beach Gardens, Florida approving a purchase award for Lawn and Field Equipment in an amount of $88,495.59 with Wesco Turf, Inc. via an existing State of Florida Contract (No. 515-630-06-01); providing an effective date; and for other purposes. IX. PUBLIC HEARINGS: Part 1 — Quasi-judicial a. taff Report on f':we 20. Resolution on Pang 36) Resolution 47, 2009 - Gardens Commerce Center PUD. A Resolution of the City Council of City of p2'-sP` Palm Beach Gardens, Florida approving the conversion of 9,187 square feet of S-o existing light industrial space to general office, the addition of seven (7) parking spaces, and removal of two (2) previously-approved loading zones for the Gardens Commerce Center Planned Unit Development (PUD), as described more particularly herein; providing conditions of approval; providing an effective date; and for other purposes. b. Resolution 50, 2009 - C V S miscellaneous signage petition. A Resolution of the City Council of City of Palm Beach Gardens, Florida approving an amendment to the Sign Program to relocate signage for the outparcel building of the Prosperity Center Planned Unit S _d Development (PUD), generally bounded by PGA Boulevard to the North, Prosperity Farms Road to the West, and Kidd Lane to the East, as described more particularly herein; providing an effective date; and for other purposes. c. (Staff Report on Page 109, Ordinance on Page 147) Ordinance 20, 2009 - (1s` reading) Deannexing from the City of Palm Beach Gardens. An Ordinance of the 434j-j- City Council of City of Palm Beach Gardens, Florida, contracting the City's 54 Municipal boundaries by deannexing a parcel of real property comprising a total of 61.9 acres, more or less, located on the North side of Northlake Boulevard approximately one-half (1/2) mile West of the intersection of Northlake Boulevard and Coconut Boulevard, as more particularly described herein; amending Article II of the City Charter to redefine the corporate limits; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. Part II - Non-Quasi-judicial a. (Staff Report on Page 151, Ordinance on Page 153) Ordinance 19, 2009 - (2"d n1( reading and adoption) Budget amendment. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach S-0 Gardens' budget for the fiscal year beginning October 1, 2008, and ending September 30, 2009, inclusive; providing a conflicts clause and a severability clause; providing an effective date; and for other purposes. X. RESOLUTIONS: XI. ORDINANCES: (For Consideration on First Reading) XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: .--1 a. (Page 158)Permanent & Temporary Banner Criteria. f-0 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. o,v CITY OF PALM BEACH GARDENS of palm Beach Gardens COUNCIL AGENDA 01 - a... " June 18, 2009 I .1'‘V 7:00P.M. c4, 400,; Mayor Russo \_' gnniv�Jam. �* Vice Mayor Levy Council Member Jablin 1- ; 7 : ()3 Council Member Barnett " a : 10 Council Member Premuroso I. - PLEDGE OF ALLEGIANCE II. - ROLL CALL s_U III. (/ADDITIONS, DELETIONS, MODIFICATIONS: IV d' ANNOUNCEMENTS / PRESENTATIONS: -- 0 k V. +VITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: S--0 MoY(f s6riT16G)2 hl 47-71 1,4 j To aN3 y D -1S' VI. CITY MANAGER REPORT: VII. "COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA:. t' —0 a. (Staff Report on Page 4, Resolution on Page 6) Resolution 51, 2009 - Purchase 7 award to Wesco Turf, Inc. A Resolution of the City Council of City of Palm Beach Gardens, Florida approving a purchase award for Lawn and Field Equipment in an amount of $88,495.59 with Wesco Turf, Inc. via an existing State of Florida Contract (No. 515-630-06-01); providing an effective date; and for other purposes. IX. PUBLIC HEARINGS: Part I—Quasi-iudicial a. (Staff Report on Page 20, Resolution on Page 46) Resolution 47, 2009 - Ng Gardens Commerce Center PUD. A Resolution of the City Council of City of Palm Beach Gardens, Florida approving the conversion of 9,187 square feet of 0 existing light industrial space to general office, the addition of seven (7) parking 5 ' spaces, and removal of two (2) previously-approved loading zones for the Gardens Commerce Center Planned Unit Development (PUD), as described more particularly herein; providing conditions of approval; providing an effective date; and for other purposes. b. (Staff Report on Page 62, Resolution on Page 96) Resolution 50, 2009 - CVS miscellaneous signage petition. A Resolution of the City Council of City of Palm Beach Gardens, Florida approving an amendment to the Sign Program to relocate S' 0 signage for the outparcel building of the Prosperity Center Planned Unit Development (PUD), generally bounded by PGA Boulevard to the North, Prosperity Farms Road to the West, and Kidd Lane to the East, as described more particularly herein; providing an effective date; and for other purposes. c. (Staff Report on Page 109, Ordinance on Page 147) Ordinance 20, 2009 — (1st reading) Deannexing from the City of Palm Beach Gardens. An Ordinance of the City Council of City of Palm Beach Gardens, Florida, contracting the City's Municipal boundaries by deannexing a parcel of real property comprising a total of 61.9 acres, more or less, located on the North side of Northlake Boulevard approximately one-half (1/2) mile West of the intersection of Northlake Boulevard and Coconut Boulevard, as more particularly described herein; amending Article II of the City Charter to redefine the corporate limits; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. Part II—Non-Quasi-judicial a. (Staff Report on Page 151, Ordinance on Page 153) Ordinance 19, 2009 — (2nd reading and adoption) Budget amendment. An Ordinance of the City Council of 0 the City of Palm Beach Gardens, Florida amending the City of Palm Beach Gardens' budget for the fiscal year beginning October 1, 2008, and ending September 30, 2009, inclusive; providing a conflicts clause and a severability clause; providing an effective date; and for other purposes. X. RESOLUTIONS: poor XI ORDINANCES: (For Consideration on First Reading) N U-N r XII.iyiTEMS FOR COUNCIL ACTION/DISCUSSION: 5-0 a. (Page 158)Permanent & Temporary Banner Criteria. XIII.4ITY ATTORNEY REPORT: L/XIV. A_DJOURNMENT 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. "r In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk's Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY COUNCIL MEETING 06/18/09 PROPOSED ADDITIONS, DELETIONS AND MODIFICATION ADDITIONS: Under Items for Council Action/Discussion b. Discussion on Statue Location/Gazebo DELETIONS: NONE MODIFICATIONS: NONE it 810? �• c;z Atefi,,As -Reo-.Q ;,,r0 `ri-t Rcui-.a. Q y kK Dail ,612,04 PJ Bang ? 11111 Say into the microphones I would like to call this meeting of the City Council of the City of Palm Beach Gardens to order. Would you all please rise and join me in the pledge of allegiance. t vledge eite4ame. Will the Clerk please call the roll? Comments From The Public Request to Address City Council Please Print Name: Address: City: Subject: I Members of the public may address the City Council during the "Comments by the Public" Portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Comments From The Public Request to Address City Council Please Print Name: f Address: 30 7 f /l ; City: Subject: - a L 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: /6/,,g-2-- Address: / ( City: 3 r3 f 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: U Address: 2 5 ° ° / • `T o c- g4 , City: W G_S T 77„Ke `, z CA- Subject: R= � c A.f-_ - J cD 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: {' ; CC) Address: 3 °b9 s"• A ro d A City: Subject: G-6-r* & • ��a �' ' - r^) l Yle\< tAv y) 0pre) - A nn a ?A -e- Members of the public may address the City Council during the "Comments by the Public" Portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Comments From The Public Request to Address City Council Please Print Name: . ' 0 1'I1 Address: (90i For t1Hr i)\ Sv t _ -t u'2 City: a Subject: CPA Co r v-4.ok( A( 0 Fe tl i S_i V(( C S-Oc_t e , Members of the public may address the City Council during the "Comments by the Public" Portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Comments From The Public Request to Address City Council Please Print Name: Address: City: Subject:M 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. 6/, Cv✓Nelz Mec:nv1f - R—d ,,I ,' t 4 -( Tonight we are holding quasi-judicial hearings on the following cases •Resolution 47, 2009 - Gardens Commerce Center PUD. •Resolution 50, 2009 - CVS miscellaneous signage petition. •Ordinance 20, 2009 — (1St reading) Deannexing from the City of Palm Beach Gardens This means that the City Council is required by law to base its decision on the evidence contained in the record of this proceeding, which consists of the testimony at the hearing, the materials which are in the official City file on this application and any documents presented during this hearing. The Council is also required by law to allow cross-examination of any witnesses who testify tonight. Cross-examination may occur after the staff, the applicant and other participants have made their presentations and will be permitted in the order of the witnesses' appearance. It is necessary that anyone who testifies at the hearing remain until the conclusion of the hearing in order to be able to respond to any questions. If you plan to testify this evening, or wish to offer written comments, please fill out a card and give it to the City Clerk. The City Clerk will now swear in all persons who intend to offer testimony this evening on any of these cases. F I 'M CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410-4698 June 18, 2009 Mr. Andy Lukasik, Town Manager Town of Jupiter 210 Military Trail Jupiter, Florida 33458 RE: Proposed Indiantown Road Level of Service Text and Map Amendment Dear Mr, Lukasik: It is the City's understanding that on June 18, 2009, the Bioscience Land Protection Advisory Board ("BLPAB') will be voting on the proposed Town of Jupiter's ("Town") initiated future land use map amendments. These amendments propose to modify the Town's Transportation Element and Map Series in its Comprehensive Plan by providing a supplemental traffic assessment methodology for the Indiantown Road corridor, and designate several intersections and a road segment along Indiantown Road as a Constrained Roadway at Lower Level of Service ("CRALLS"). The City of Palm Beach Gardens ("City") is extremely concerned that the proposed CRALLS will have a direct negative impact on certain properties located within the Bioscience Research Protection Overlay ('BRPO"), commonly referred to as the Brown!Hawkeye ("Brown") property and the DDR Jupiter Falls ('DDR") property, located generally at the intersection of Interstate-95 and Indiantown Road. As a participating member of the BLPAB, the City objects to the proposed Town-initiated Comprehensive Plan amendments. Since the 91-acre Brown property and the 57-acre DDR property are large, vacant and undeveloped parcels in a premier location with direct frontage along Interstate-95, they are extremely significant parcels located within the BRPO. These two (2) parcels were included as part of the face-to-face discussions, when the Town and City met with Governor Jeb Bush in late 2005 to discuss the available inventory of land available for biotech and related uses that would serve as the supply for the North Palm Beach County Cluster ("Cluster"). These two (2) parcels were specifically identified with a Floor Area Ratio ("FAR")designation of 0.40, providing for a total development potential of approximately 1.6 Million square feet. The proposed CRALLS amendment would provide a FAR of 0.0625 to both these parcels, and would essentially limit the total maximum square footage to 402,931 square feet. or 25% of what was shown to the Governor as part of the commitment toward the Cluster. The Town of Jupiter staff has made the argument that the proposed limitation of development from the CRALLS is irrelevant based on the fact that traffic concurrency would not be available today should those parcels seek to develop However, on May 21, 2009, when the staff of the participating BLPAB Cities and the County met to discuss the proposed amendments, staff from the Palm Beach County traffic division indicated that the Brown and DDR properties could, in fact, receive a certain limited amount of traffic concurrency. Although this concurrency would be restricted by a two (2) year build-out date, this statement made by PBC's traffic division staff directly contradicts what the Town of Jupiter staff has indicated at public meetings. When the participating Cities and the County of BLPAB signed the Interlocal agreement in March 2006, it was recognized that the relocation of The Scripps Research Institute's ("TSRI") operations onto Florida Atlantic University's Jupiter Campus and a portion of the Briger Parcel in Palm Beach Gardens would further the vision of . 4 the Governor and the State of Florida to create an economic development cluster to support TSRI. A commitment was made to protect the available land inventory, and the creation of the BLPAB occurred to enforce this commitment. The proposed CRALLS amendment goes directly against the spirit and intent of the agreement to protect the Cluster. The City would also like to take this opportunity to mention the Town of Jupiter's recent objection to the City of Palm Beach Gardens-initiated proposed Comprehensive Plan that, if approved, would allow for a maximum height up to 150 feet for employment center buildings on the 170-acre area on the Briger Tract within the BRPO. In those same discussions with Governor Jeb Bush in late 2005 mentioned earlier, the Town of Jupiter and the City of Palm Beach Gardens committed that 4 million square feet of bioscience and related uses could be accommodated on the 170- acre BRPO area within the Briger Tract. Accordingly, when the City received the application for the Development of Regional Impact ("DRI") for the Scripps Phase II DRI, the City initiated a text amendment to the Comprehensive Plan to provide for a height provision necessary for the successful recruitment of biotech and related uses for this area. The 150 foot height was furthermore a direct request from the TSRI who will eventually own 70 acres of the 170 acres within the BRPO. Despite the City meeting with Jupiter staff and the Mayor prior to the City Council transmittal hearing on April 16, 2009, in which this was discussed, the City received a letter from the Town of Jupiter on April 16, 2009, objecting to the proposed amendment. This letter from the Town of Jupiter demonstrates a similar attitude as the proposed CRALLS, in that both appear to limit the ability of the North Palm Beach County Cluster to succeed. To date, there has been over$500,000,000.00 of taxpayer's money invested toward the TSRI and the Cluster. The City is concerned that the recent actions from the Town of Jupiter are potentially threatening the ability for the Cluster to succeed. We believe that the only way the North Palm Beach County area can truly thrive is for the participating Cities and the County to provide for incentives for those parcels within the BRPO to help advance development that will provide high-wage employment opportunities. The recent actions taken by the Town of Jupiter appear to us as clear and direct disincentives. We hope that our comments are taken into consideration, and we strongly urge you, at minimum, to remove the Brown and DDR properties from the subject area of the proposed Town's Comprehensive Plan amendments. Sincerely, Ron Id Ferns City Manager Cc: Mayor&City Council, City of Palm Beach Gardens Mayor&Town Council, Town of Jupiter Karen Marcus, Palm Beach County District Commissioner Shannon LaRoque, PBC Scripps Program Manager John Sickler, Town of Jupiter Growth Management Director Town of Lake Park Town of Mangonia Park City of Riviera Beach 2 ICI aim leach Gardens T.- . .: ! • . . i Alt '> 41_, '....., ■!,,,./ '...,.. i_...„ _,,,,, 1 .," . .. . - .'L..,.... „'...g.:. 4 ,. , ,.... - YOU CAN COME TO US r ... =!T4.,F . • , 04 0 CITY 1 P r ..: Wednesday, July 1, 2009 ,... . t ..i , . -_ .' V , .., 7:00PM • ._._.... • .. II City Hall Council Chambers 10500 N. Military Trail, PBG . f0C43 Invite City Staff to your Community . to provide a presentation of the 2010 proposed budget for your residents or HOA/POA Board. . i ::... : J .! 1.:-,1:1,,,,•1 For more information or to schedule a presentation, please contact Jamie Cobb at 799-4110. tO CIS ,,...........,... �S, z . 71n1 41)e.- . -.C.' :,41s-TATni.,_.:1*-." filiZ ■ • u 7 e2t1 70 -AM; :, ARDENT; Agenda Founders Day * Mirasol Park Chillin'in the Gardens©Friday,June 19 5-9:OOp.m. Wings, Burgers and Dogs Amateur Competition Live Music, Bounce Houses 7:00p.m. Amateur Competition Judging Grillin'in the Gardens •Saturday,June 20 11:00—3:30p.m B-B-Q Competition Judging 5:00p.m. 50`h Anniversary Recognition/BBQ Award Ceremony/Cake Cutting 6:00p.m. Softball Game Reds (PBG Fire Rescue)vs. Meds (Gardens Medical Center) 6:30p.m. Pie Eating Contest 4:00—9:00p.m. Live Music, Family Fun,Games and Activities Proceeds benefit"Big Heart Brigade" and "Give A Smile to a Child Foundation" Mayor for a Day-June 18, 2009 Thomas Pelham III Timber Trace Elementary School 8:30 HR-Badge 8:40 Tour of City Hall 9:00—9:30 Meet with the Mayor in Council Chambers 9:30 Police 10:00 Fire 6:45 p.m. Return to Council Chambers for meeting, photos with Council, pledge of allegiance, and open meeting. 6118109 Citai COJ`uCa- mrc?;kl". Ps44 -ro t & C.cYL/ C'd{/yI& ay lOJ'i Cslo,t„As Je„3'(/,K. rt-JD 4‘i aw '‘ 1 Ty Y I l . .i r,) i-.y ,\ t'° },. A 1"? r\ i" \ I r. eh- 1 I i 1 1 .! 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698 is `• �It June 18, 2009 Subject: Proposed Lake Catherine Park Project Improvements and MacArthur Statue Location Dear Mayor and Council: The purpose of this letter is to provide an overview of the proposed Lake Catherine project as well as a final location recommendation for the John D. MacArthur statue. The proposed Lake Catherine Park project as depicted in the presentation on June 4, 2009, will be constructed in two phases. Phase I will include installation of a pavilion. The proposed project budget required for Phase I is $45,000.00. A scope of work for Phase II cannot be determined until a later date. Phase I can be complete by mid-November 2009. Currently, the Music Festival is budgeted at $90,000 of which $45,000 could be utilized to fully fund Phase I pending approval by the MacArthur Foundation. With regard to the John D. MacArthur statue, at the June 4, 2009 meeting, City Council agreed that the future home of the statue should be within the Municipal Complex. I recommend that the statue be installed just west of the mail kiosk. The statue will be more visible from this location and installation would be cost-effective. The Artist's contract anticipates installation to be complete by November, 2009. Tha ou for yo r consideration, Eric a1rf Council Member Aez'ot 611147 011 60r40..t- AvecriAs, RI..7-u 1 air/ Cpar-0-IL (3y `r/e 611 Ai'7-ytv q.) �LJ J Palm Beach County IIV) LEAGUE of CITIES, Inc, Elected Officials Workshop Agenda Wednesday, June 24, 2009 at the Town Hall of Mangonia Park 1:30 p.m. - 4:00 p.m. 1:30- 1:45 Sunshine Law and Public Records—Back to basics in a hi-tech world! Diana Grub Frieser, Esq. Boca Raton City Attorney 1:45- 2:00 FMLA and ADA—What do these initials mean to your city? Peter Sampo, Esq.,Allen,Norton&Blue,P.A.,Employment Attorney for numerous Cities throughout the state 2:00- 2:15 Emergency Fire Rescue Surtax—Are we better off with this plan or is this a shell game? David N. Tolces, Esq.,Loxahatchee Groves Town Attorney 2:15- 2:30 Growth Management Update—What happened to the rules we all knew? Keith W. Davis,Esq., Attorney for Palm Beach Shores, Mangonia Park and Atlantis 2:30- 2:45 Questions & Answers 2:45-3:00 * * * * * Refreshments and Networking Break* * * * * 3:00- 3:15 Use of Public Lands—Is this what we envisioned???? Doug Yeargin, Esq.,West Palm Beach Assistant City Attorney 3:15- 3:30 Transient Rentals—Beware the many pitfalls! R. Brian Shutt, Esq.,Delray Beach Assistant City Attorney 3:30- 3:50 Public Integrity—From ethics violations to honest services fraud ---there are consequences!! Paul H. Zacks, Esq., Chief Assistant State Attorney, Office of the State Attorney 3:50- 4:00 Questions& Answers 4:00 Reception t*4tl e,f �•ov.org James S.Titcomb,Executive Director (561)355-4484 I(Fax)355-6545 P.O.Box 1989,Gov.Center,West Palm Beach,FL 33402 Office:Governmental Center,301 North Olive Ave.,West Palm Beach,FL 33401 Morels due or arms Navomi League or cores SUPPORTING PARTNER Associate Members