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HomeMy WebLinkAboutAgenda Council Agenda 091009 deli J CITY OF PALM BEACH GARDENS 0,ok ?alm Gardens Frog COUNCIL AGENDA '°1 I tk-A-, 1 , ..-.:_=_, "� September 10, 2009 7:00 P.M. ..._41.0, Mayor Russo r A gr `.rI Vice Mayor Levy 50th Anniversary" Council Member Jablin Council Member Barnett Council Member Premuroso I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS,DELETIONS,MODIFICATIONS: IV ANNOUNCEMENTS /PRESENTATIONS: a. Recognition of the Lifeguards from Palm Beach Gardens Burns Road Community Center Pool. V. PUBLIC HEARINGS FOR 2009/2010 BUDGET—Non Quasi Judicial: a. Presentation of the Fiscal Year 2009/2010 Budget. b. (Staff Report on Page 5, Ordinance on Page 7) Ordinance 26, 2009 — (1st reading) Adopting Fiscal Year 2009/2010 budget. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida adopting the budget for the City of Palm Beach Gardens for the Fiscal Year commencing October 1, 2009, and ending September 30, 2010; providing a conflicts clause and a severability clause; providing an effective date; and for other purposes. VI. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VII. CITY MANAGER REPORT: a. City Manager Evaluation. VIII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) IX. CONSENT AGENDA: a. (Page 9)Approve Minutes from July 1, 2009 City Council Budget Information meeting. b. (Page 11) Approve Minutes from July 16, 2009 City Council meeting. c. (Page 17) Proclamation—Good Neighbor Day X. PUBLIC HEARINGS: Part I—Non-Quasi-judicial a. (Staff Report on Page 18, Ordinance on Page 138) Ordinance 24, 2009 — (1St reading) Hilltop Gardens Large-scale Comprehensive Plan Future Land Use Plan Amendment. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida adopting a large scale amendment to its Comprehensive Development Plan in accordance with the mandates set forth in Chapter 163, Florida Statutes, specifically Section 163.3184, et seq., Florida Statutes,pursuant to application No. CPMA-09-03-000011, which provides for an amendment to the City's Future Land Use Map designating one (1) parcel of real property comprising approximately twenty-three and 16/100 (23.16+) acres, more or less, in size as "(C) Commercial"; such parcel being located generally North of Northlake Boulevard, East of the C-17 Canal, South of the Seacoast Utility Richard Road Plant, and West of the Hilltop Park Mobile Home Park, informally known as "Hilltop Gardens"; providing for compliance with all requirements of Chapter 163, Florida Statutes; providing for transmittal to DCA; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. Part II—Quasi-judicial a. (Staff Report on Page 143, Ordinance on Page 174) Ordinance 25, 2009 — (1St reading) Hilltop Gardens Rezoning. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning one (1) parcel of real property comprising approximately twenty-three and 16/100 (23.16+) acres, more or less, in size; such parcel being located North of Northlake Boulevard, East of the C-17 Canal, South of the Seacoast Utility Richard Road Plant, and West of the Hilltop Park Mobile Home Park, informally known as "Hilltop Gardens"; from Residential Medium (RM) to Commercial General (CG1) zoning district; providing that the City zoning district map be revised accordingly; providing a conflicts clause and a severability clause; providing authority to codify; providing an effective date; and for other purposes. b. (Staff Report on Page 180, Resolution on Page 201) Resolution 72, 2009 - Northcorp Corporate Park PCD - TNS Landis Building. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the signage of the TNS Landis Building to construct a parapet wall and raise the height of two (2) tenant signs on the West elevation of said building, generally located at the Northwest corner of the intersection of Burns Road and Riverside Drive, as described more particularly herein; providing an effective date; and for other purposes. c. (Staff Report on Page 209, Resolution on Page 243) Resolution 74, 2009 — Doubletree North PUD miscellaneous petition. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the sign program of the Doubletree Hotel Planned Unit Development (PUD) to increase the size of the signage for the pharmacy building, generally located at the Northeast Corner of PGA Boulevard and Military Trail, as described more particularly herein: providing an effective date; and for other purposes. XI. RESOLUTIONS: a. (Staff Report on Page 251, Resolution on Page 253) Resolution 69, 2009 — Updating the Schedule of Fees and Charges for Various Services. A Resolution of the City Council of the City of Palm Beach Gardens, Florida updating the schedule of fees and charges for various services rendered by the City of Palm Beach Gardens for its citizens and other members of the public for Fiscal Year 2009/2010; providing an effective date; and for other purposes. XII. ORDINANCES: (For Consideration on First Reading) a. (Staff Report on Page 272, Ordinance on Page 274) Ordinance 27, 2009 —False alarms for police and fire response. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 30 Emergency Services of the Code of Ordinances of the City of Palm Beach Gardens repealing Article II, Alarm Systems in its entirety and re-adopting same, as revised; providing regulations regarding excessive false alarms, fines, and appellate review; further amending Chapter 30 by adopting an entirely new Article III, Misuse of 911 or Emergency Call System; providing regulations, fines, and appellate review; providing that each and every other section and subsection of Chapter 30 shall remain in full force and effect as previously enacted; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. XIII. ITEMS FOR COUNCIL ACTION/DISCUSSION: a. Council Communication. b. Office Space c. Owner Authorization for PUD and PCD Amendments. XIV. CITY ATTORNEY REPORT: XV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk's Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 10, 2009 Ordinance 26, 2009 Subject/Agenda Item: Public Hearing for the first reading of Ordinance 26, 2009 adopting the fiscal year 2009/2010 budget [X] Recommendation to APPROVE [ ] Recommendation to DENY R- '= •.Of Originating Dept.: Costs: $ Council Action: 401 Ali/ Finance (Total) Ci Atto ey [ ]Approved $ [ ]Approved w/ Current FY conditions [ ] Denied Advertised: Funding Source: [ ] Continued to: Date: [ ] Operating Attachments: Paper: [ ] Other Ordinance 26, 2009 Submitted by: Allan Owens [ X ] Not Required Fin ce ministrator Department Director Affected parties Budget Acct.#: Approved • ied [ ] None Ron F: : ` City :nag-r [ ] Not required Meeting Date: September 10, 2009 Ordinance 26, 2009 • BACKGROUND: This is the first of two required public hearings on the proposed budget for fiscal year 2009/2010. Total sources for all funds is $110,218,402, consisting of total estimated balances carried forward of $28,603,590 and projected total revenues of $81,614,812. Total sources of funds, are balanced with projected total expenditures of $82,678,238 and ending reserves of $27,540,164, for a total use of funds of $110,218,402. These totals reflect the action taken by Council at the July 16, 2009 Council Meeting, where the maximum tentative operating millage was raised from 5.250 to 5.390 mills. This increased millage resulted in an additional $1,183,750 of revenue and a corresponding decrease in the planned drawdown of reserves. • The proposed operating millage is 5.390 and debt millage rate is .149 for a total proposed millage of 5.539. This represents an increase of 2.7% from the current year total of 5.399, but is 7.461% below the roll-back rate of 5.8246, as required by the current legislation. The second and final public hearing on the budget is scheduled for September 24, 2009. • STAFF RECOMMENDATIONS: o Staff recommends a motion to adopt a proposed operating millage rate of 5.390 and debt millage rate of .149 for a total tentative millage rate of 5.539 mills for fiscal year 2009/2010. o Staff recommends an announcement be made declaring that the proposed millage rate represents a decrease from the roll-back rate by 7.461%. o Staff recommends a motion to approve Ordinance 26, 2009 on first reading, adopting a tentative budget for fiscal year 2009/2010 & setting the second and final reading for September 24, 2009 at 7:00pm in the Council Chambers. (Please note: The proposed FY 2009/2010 budget has been distributed to Mayor, Council, and staff under separate cover.) 1 2 ORDINANCE 26, 2009 3 4 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 6 BEACH GARDENS, FLORIDA ADOPTING THE BUDGET FOR THE 7 CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR 8 COMMENCING OCTOBER 1, 2009, AND ENDING SEPTEMBER 30, 9 2010; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY 10 CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 11 PURPOSES. 12 13 14 WHEREAS, at a duly advertised public hearing held on September 10, 2009, the 15 City Council tentatively adopted a budget for Fiscal Year 2009/2010; and 16 17 WHEREAS, at a duly advertised public hearing held on September 24, 2009, the 18 City Council determined that the tentative budget, as finalized by the City Council, will 19 meet the needs and requirements of the City of Palm Beach Gardens and its residents for 20 Fiscal Year 2009/2010; and 21 22 WHEREAS, the City Council has determined the adoption of this Ordinance to be 23 in the best interest of the citizens and residents of the City of Palm Beach Gardens. 24 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 27 OF PALM BEACH GARDENS, FLORIDA that: 28 29 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 30 31 SECTION 2. The proposed budget is hereby approved and adopted by the City 32 Council as and for the budget of the City of Palm Beach Gardens for the fiscal year 33 commencing October 1, 2009, and ending September 30, 2010. 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 47 Ordinance 26,2009 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 11 BY: 12 Joseph R. Russo, Mayor 13 14 • 15 David Levy, Vice Mayor 16 17 18 Eric Jablin, Councilmember 19 20 21 Jody Barnett, Councilmember 22 23 24 Robert G. Premuroso, Councilmember 25 26 27 ATTEST: 28 29 30 BY: 31 Patricia Snider, CMC, City Clerk 32 33 APPROVED AS TO FORM AND 34 LEGAL SUFFICIENCY 35 36 37 BY: 38 R. Max Lohman, City Attorney 39 40 41 42 43 44 45 46 47 G:\attomey_share\ORDINANCES\2009\Ordinance 26 2009-budget adoption 2009-2010.docx 2 1 CITY OF PALM BEACH GARDENS 2 CITY COUNCIL 3 BUDGET INFORMATION MEETING 4 JULY 1, 2009 5 6 The budget information meeting was called to order at 7:03 p.m. by Mayor Russo. 7 I. PLEDGE OF ALLEGIANCE 8 II. ROLL CALL 9 Present: Mayor Joseph Russo, Vice Mayor David Levy, Councilmember Eric Jablin, 10 Councilmember Jody Barnett and Councilmember Robert Premuroso. 11 III. BUDGET PRESENTATION 12 City Manager Ferris explained the budget process. 13 Finance Administrator Allan Owens presented the proposed budget. 14 IV. COMMENTS FROM THE PUBLIC 15 The following individuals commented: Marilyn Lew Jacobs, 16 Bermuda Lake Drive, 16 Palm Beach Gardens; Joan Elias, 1009 Diamond Head Way, Palm Beach Gardens; 17 Richard Jacobs, 16 Bermuda Lake Drive, Palm Beach Gardens; Hal Valeche, 128 Viera 18 Drive, Palm Beach Gardens; Terence Brady, 4409 Lacey Oak Drive, Palm Beach 19 Gardens; Rob Palladino, 4432 Hickory Drive, Palm Beach Gardens; Pat Hughey, Palm 20 Beach Square, Palm Beach Gardens. 21 Mayor Russo commented. The tax rate will be set July 16, 2009. City Council meetings 22 have been rescheduled from September 3rd and 17th to September 10th and September 23 24th respectively. 24 25 26 (The remainder of this page intentionally left blank.) 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 CITY OF PALM BEACH GARDENS BUDGET INFORMATION MEETING PAGE 1 07.01.09 1 IV. ADJOURNMENT 2 Councilmember Jablin made a motion to adjourn. 3 Vice Mayor Levy seconded. 4 Motion passed, 5-0. 5 The meeting was adjourned at 8:06 p.m. 6 APPROVED: 7 8 9 10 Joseph R. Russo, Mayor 11 12 13 14 15 David Levy,Vice Mayor 16 17 18 19 20 Eric Jablin, Councilmember 21 22 23 24 25 Jody Barnett, Councilmember 26 27 28 29 30 Robert G. Premuroso, Councilmember 31 32 33 34 ATTEST: 35 36 37 38 Patricia Snider, CMC 39 City Clerk 40 41 Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim 42 transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk. 43 All referenced attachments on file in the Office of the City Clerk. CITY OF PALM BEACH GARDENS BUDGET INFORMATION MEETING PAGE 2 07.01.09 l CITY OF PALM BEACH GARDENS 2 CITY COUNCIL 3 REGULAR MEETING JULY 16,2009 6 The regular meeting was called to order at 7:03 p.m. by Mayor Russo. 7 L PLEDGE OF ALLEGIANCE 8 H. ROLL CALL 9 PRESENT: Mayor Joseph Russo, Vice Mayor David Levy, Councilmember Eric Jablin, 10 Councilmember Jody Barnett and Councilmember Robert Premuroso. 11 M. ADDITIONS,DELETIONS,MODIFICATIONS 12 ADDITIONS—CONSENT AGENDA 13 k. Proclamation—National Night Out. 14 Councilmember Jablin made a motion for approval of the Addition as read into the record. 15 Councilmember Barnett seconded. 16 Motion passed, 5-0. 17 IV. ANNOUNCEMENTS AND PRESENTATIONS 18 b. Founder's Day Event—Sponsor Recognition. Recreation Director Mike Kelly,recognized 19 Griffin' in the Gardens sponsors. 20 a. Beautification Award —Donald Ross Village. Mayor Russo and Community Aesthetics 21 Board Chair Donna Wisnesk presented the commercial category Beautification Award to 22 Andrew Brock on behalf of Donald Ross Village. 23 c. The proposed maximum millage rate for fiscal year 2009/2010. setting the date, time and 24 place for the first budget hearing. City Manager Ron Ferris explained the criteria used for 25 developing the 2009/2010 budget. Finance Administrator Allan Owens presented the 26 financial summary. Maximum millage rate, date, time and place for first budget hearing will 27 be discussed under item X.RESOLUTIONS,Resolution 57,2009. 28 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 29 Councilmember Barnett reported attending a North Palm Beach Chamber of Commerce 30 event. Vice Mayor Levy reported attending League of Cities and Water Resource Task Force 31 meetings and has been elected chair of the Hazardous Materials Oversight Committee. 32 Councilmember Premuroso and Councilmember Jablin, had no reports. Mayor Russo 33 reported meeting with Dr.Art Johnson concerning Palm Beach Gardens High School, Solid 34 Waste Authority, new owners of Downtown at the Gardens and Commissioner Karen 35 Marcus regarding SB 360. 36 VL CITY MANAGER REPORT 37 City Lobbyist Tom DeRita, Resource Group, reported on the economic stimulus package at 38 the federal level. 39 Councilmember Jablin requested item XII. ITEMS FOR COUNCIL ACTION/ 40 DISCUSSION: a. Lake Cathering Gazebo Selection, be moved forward on the agenda and 41 suggested that the Art in Public Places Advisory Board (AIPP) and Parks and Recreation 42 Advisory Board(RAB)hold a joint meeting. 43 The following individuals commented to the Council: Tory Buckley, 4454 Daffodil Circle 44 South,Palm Beach Gardens. 45 Councilmember Jablin made a motion for the AIPP and RAB to conduct a joint meeting to 46 discuss how to proceed with the history project and pavilion or gazebo at Lake Catherine 47 Park. 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1 07•16•09 1 Vice Mayor Levy seconded the motion. 2 Discussion ensued. 3 Motion passed 5-0. 4 VII. COMMENTS FROM THE PUBLIC 5 The following individuals commented to the Council: Tory Buckley, 4454 Daffodil Circle 6 South, Palm Beach Gardens; Larry Casey, 11079 Oak Way Circle, Palm Beach Gardens; 7 Linda Hughey, Reed Drive, Palm Beach Gardens; Fire Chief Pete Bergel, President of the 8 Big Heart Brigade, 10500 N. Military Trail, Palm Beach Gardens; Eileen Tucker, Shady 9 Lakes, Palm Beach Gardens; Steve Cohen, PGA Corridor Association and Palm Beach 10 Gardens Historical Society, Palm Beach Gardens; Eileen Tucker, Shady Lakes, Palm Beach 11 Gardens. 12 Councilmember Eric Jablin made a motion allowing the Fire Department to store the Big 13 Heart Brigade equipment. 14 Councilmember Barnett requested City Attorney R. Max Lohman look into the situation 15 before acting. 16 The motion died for lack of a second. 17 Mayor Russo suggested that Ordinance 5, 2009 be reviewed after September 30, 2009. 18 VIII. CONSENT AGENDA 19 Councilmember Barnett asked to remove item b. Resolution 55, 2009 from the Consent 20 Agenda. 21 Vice Mayor Levy made a motion for approval of the Consent Agenda without item b. 22 Councilmember Jablin seconded. 23 Motion passed 5-0. 24 The City Clerk read Resolution 55, 2009 by title. 25 Vice Mayor Levy made a motion for approval of Resolution 55, 2009. 26 Councilmember Jablin seconded. 27 Discussion ensued. 28 Motion passed 3-2 with Councilmember Barnett and Councilmember Premuroso 29 dissenting. 30 X. PUBLIC HEARINGS 31 Part I— Quasi—judicial 32 Mayor Russo announced the procedures for tonight's proceedings. 33 Those preparing to give testimony were sworn in. 34 The City Clerk read Resolution 35, 2009 by title. 35 a. Resolution 35, 2009 — Placement of fifty-eight (58) banners. A Resolution of the City 36 Council of the City of Palm Beach Gardens, Florida approving the placement of fifty-eight 37 (58) banners along the streets, sidewalks, and parking areas of the commercial portion of the 38 Legacy Place Mixed Use Planned Community Development (PCD), located on the Southwest 39 corner of PGA Boulevard and Fairchild Gardens Avenue; providing conditions of approval; 40 providing an effective date; and for other purposes. 41 Mayor Russo opened the public hearing. 42 Mayor Russo and Councilmember Jablin declared ex parte communication. 43 The following individuals commented on this agenda item: Ken Tuma, Urban Design Kilday 44 Studios. 45 The following individuals commented to the Council: Joan Elias, 1009 Diamond Head Way, 46 Palm Beach Gardens; Mary Lou Fogarty, Property Manager, Legacy Place, Palm Beach 47 Gardens. 48 Mayor Russo closed the public hearing. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 07.16.09 1 Discussion ensued. 2 The following staff members commented to Council: Growth Management Administrator 3 Kara Irwin; Resource Manager Allyson Black. 4 Mayor Russo reopened the public hearing. 5 Councilmember Jablin made a motion to continue Resolution 35, 2009 to the August 20, 6 2009 meeting. 7 Vice Mayor Levy seconded. 8 Motion passed 5-0. 9 The City Clerk read Resolution 43, 2009 by title. 10 b. Resolution 43, 2009 — Northcorp Corporate Park PCD. Master Signage Program 11 Amendment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida 12 amending the Master Signage Program for the Northcorp Corporate Park Planned Community 13 Development (PCD), generally bounded by the Gardens Station PUD to the North, Interstate 14 95 to the West, Bums Road to the South, and the FEC Railway to the East, as more 15 particularly described herein; providing conditions of approval; providing waivers; providing 16 an effective date; and for other purposes. 17 Mayor Russo opened the public hearing. 18 Councilmember Jablin, Councilmember Barnett and Councilmember Premuroso 19 declared ex parte communication. 20 The following individuals commented on this agenda item: Donaldson Hearing, Cotleur and 21 Hearing, Planner Richard Marrero, Growth Management Administrator Kara Irwin, 22 City Attorney R. Max Lohman. 23 Mayor Russo closed the public hearing. 24 Councilmember Jablin made a motion for approval of Resolution 43, 2009 and amending as 25 necessary to ensure the 10-foot monument signs are approved and not two 15-foot monument 26 signs. 27 Councilmember Barnett seconded. 28 Motion passed 5-0. 29 The City Clerk read Ordinance 20, 2009 by title. 30 c. Ordinance 20, 2009 — and reading and adoption) Deannexing from the City of Palm 31 Beach Gardens. An Ordinance of the City Council of City of Palm Beach Gardens, Florida, 32 contracting the City's Municipal boundaries by deannexing a parcel of real property 33 comprising a total of 61.9 acres, more or less, located on the North side of Northlake 34 Boulevard approximately one-half(1/2) mile West of the intersection of Northlake Boulevard 35 and Coconut Boulevard, as more particularly described herein; amending Article II of the City 36 Charter to redefine the corporate limits; providing a conflicts clause, a severability clause, and 37 authority to codify; providing an effective date; and for other purposes. 38 Mayor Russo opened the public hearing. 39 No ex parte communication was declared. 40 The following individuals commented on this agenda item: Bruce Thomson, Palm Beach 41 County Planning Division; Growth Management Administrator Kara Irwin. 42 Mayor Russo closed the public hearing. 43 Councilmember Barnett made a motion for adoption of Ordinance 20, 2009 on second 44 reading. 45 Councilmember Premuroso seconded. 46 Motion passed 5-0. 47 48 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3 07.16.09 1 Part II—Non-Quasi-judicial 2 The City Clerk read Ordinance 3, 2009 by title. 3 a. Ordinance 3, 2009 — (2nd reading and adoption) Amendment to the Future Land 4 Use Element. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida 5 amending its Comprehensive Development Plan to adopt the criteria for areas highly suitable 6 for more intense office uses and to utilize the increased threshold intensity set forth in Section 7 380.0651(3)(d)2, Florida Statutes; providing for a Text Amendment to the Future Land Use 8 Element affecting the pagination in the amended element and including revised text necessary 9 to update the data and analysis of the Comprehensive Plan; providing that the text, as 10 amended, shall be substituted for and replace the existing text in the amended element(s); 11 providing for transmittal to the State Land Planning Agency; providing a conflicts clause, a 12 severability clause, and authority to codify; providing an effective date; and for other 13 purposes. 14 Mayor Russo opened the public hearing. 15 No ex parte communication was declared. 16 The following individuals commented on this agenda item: Jeff Marshall, Catalfumo 17 Construction. 18 Mayor Russo closed the public hearing. 19 Vice Mayor Levy made a motion for adoption of Ordinance 3, 2009 on second reading. 20 Councilmember Barnett questioned the language change to Ordinance 3, 2009. 21 Vice Mayor Levy withdrew his motion. 22 The following individuals commented on this agenda item: Planning Manager Nilsa 23 Zacarias. 24 Vice Mayor Levy made a motion for adoption of Ordinance 3, 2009 on second reading. 25 Councilmember Jablin seconded. 26 Motion passed 5-0. 27 X. RESOLUTIONS 28 The City Clerk read Resolution 52, 2009 by title. 29 a. Resolution 52, 2009 —Art in Public Places for Legends at the Gardens. A Resolution of 30 the City Council of the City of Palm Beach Gardens, Florida approving the Art in Public 31 Places for the Legends at the Gardens Mixed-Use Planned Unit Development (PUD), as 32 described more particularly herein; providing conditions of approval; providing an effective 33 date; and for other purposes. 34 The following individuals commented on this agenda item: Orna Miller, Orna Art; Growth 35 Management Administrator Kara Irwin. 36 Councilmember Jablin made a motion for approval of Resolution 52, 2009. 37 Vice Mayor Levy seconded. 38 Motion passed 5-0. 39 The City Clerk read Resolution 57, 2009 by title. 40 b. Resolution 57, 2009—Adopting a proposed maximum millage rate. A Resolution of the 41 City Council of the City of Palm Beach Gardens, Florida adopting a proposed maximum 42 millage rate for the City of Palm Beach Gardens for fiscal Year 2009/2010; setting the date, 43 time and place of the first budget hearing; providing an effective date; and for other purposes. 44 Council discussed the proposed maximum millage rate. 45 Vice Mayor Levy made a motion for approval of Resolution 57, 2009 setting the maximum 46 operating millage rate of 5.390 and a debt service rate of 0.149 and setting the first public 47 hearing for September 10, 2009 at 7:00 p.m. in City Council Chambers. 48 Councilmember Premuroso seconded. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4 07.16.09 1 Motion passed 5-0. 2 XI. ORDINANCES 3 None. 4 XII. ITEMS FOR COUNCIL ACTION/DISCUSSION 5 a. Lake Catherine Gazebo Selection — Heard earlier in the meeting following the City 6 Manager's Report. 7 XIII. CITY ATTORNEY REPORT 8 City Attorney R. Max Lohman presented the League of Cities agenda. 9 10 (The remainder of this page intentionally left blank.) 11 12 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 5 07.16.09 1 XIV. ADJOURNMENT 2 Councilmember Jablin made a motion to adjourn. 3 Vice Mayor Levy seconded. 4 Motion passed 5-0. 5 The meeting adjourned at 10:18 p.m. 6 The next regularly scheduled City Council meeting will be held August 20, 2009. 7 8 APPROVED: 9 10 11 12 Joseph R. Russo, Mayor 13 14 15 16 David Levy,Vice Mayor 17 18 19 20 Eric Jablin, Councilmember 21 22 23 24 Jody Barnett, Councilmember 25 26 27 28 Robert G. Premuroso, Councilmember 29 30 31 ATTEST: 32 33 34 35 36 Patricia Snider, CMC 37 City Clerk 38 39 40 Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of 41 the meeting.A verbatim audio record is available from the Office of the City Clerk. 42 All referenced attachments are on file in the Office of the City Clerk. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 6 07.16.09 CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, Good Neighbor Day is a goodwill event held on the second Wednesday of September; and WHEREAS, the purpose of Good Neighbor Day is to make our communities a better place to live; and WHEREAS, as our communities become better places to live, they will become better places to do business; and WHEREAS, Good Neighbor Day's appeal is simple - it is a means of promoting a. return to neighborliness in our communities; and WHEREAS, participating florists throughout Palm Beach County and the United States will be giving away thousands of flowers in one dozen bunches to customers, asking in return only that they keep one and give away the other eleven in a gesture of friendship and goodwill; and WHEREAS, through this act of kindness, new friendships will be formed and a message of love and caring will be shared. NOW, THEREFORE, I, Joseph R. Russo, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim September 9, 2009 GOOD NEIGHBOR DAY in the City of Palm Beach Gardens and urge all interested citizens and businesses to recognize this worthwhile event. IN WITNESS WHEREOF, I have hereunto set my hand and '• _ caused the Seal of the City of Palm Beach Gardens, Florida, to "`• = - be affixed on this 10th day of September in the Year of our Lord, Two Thousand Nine. Attest: r rz. .. Mayor Joseph R. Russo Patricia Snider, CMC, City Clerk CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 10,2009 Petition#: CPMA-09-03-000011 Ordinance 24,2009 SUBJECT/AGENDA ITEM Ordinance 24, 2009: Hilltop Gardens Future Land Use Map Amendment First Reading: A request by Marty Minor, Urban Design Kilday Studios, on behalf of Hilltop Residential LTD., for a large-scale Comprehensive Plan Future Land Use Map amendment of approximately 23.16-acres from Residential Medium (RM) to Commercial (C) for the Hilltop Gardens site located generally north of Northlake Boulevard, east of the C-17 Canal, south of the Seacoast Utility Authority (SUA) Richard Road plant, and west of the Hilltop Park mobile home park. A note on the Comprehensive Plan Future Land Use Map will limit development to a maximum of 250,000 square feet of gross commercial retail space or equivalent thereof. [ X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by! Originating Dept.: Finance Dept.: N/A City Council Action: City Attorney '� Growth Management: [ ] Approval 15t Reading Y y R.Max Loh an, 'sq. Project Manager Costs: $ N/A_ [ ] Rec. app.w/conds. Total [ ] Rec. Denial Dev. Cpr�plliaJnce Manager: Martin Schneider, AICP [ ] Continued to: (A Planner $____N/A Bahareh Keshavarz-Wolfs, Current FY AICP Current ' :Manager: [ ] Quasi-Judicial Accountant: [X] Legislative �� r .. [X] Public Hearing Sarah Varga Nat. ie ong,AICP Advertised: Attachments: Growth Manage [X] Required • Applicant's Justification Administrator Statement [ ]Not Required Kara L. Irwin,AICP Funding Source: • Map series—Location Paper:Palm Beach Post map;Current FLUM; Approv :y: Date: 8/26/09 [ ] Operating Proposed FLUM; do,.:ger: [X]Other N/A ��♦/ Thoroughfare maps Affected parties: • Survey • Study. 'erris [X] Notified Y [ ]Not Required Budget Acct.#: • Drainage Statement NA •Transportation Analysis • IPARC Executive Summary •Ordinance 24,2009 Petition#:CPMA-09-03-000011 Meeting date:September 10,2009 Ordinance 24,2009 Page 2 of 12 BACKGROUND The subject site known as Hilltop Gardens is located generally north of Northlake Boulevard, east of the C-17 Canal, south of the Seacoast Utility Authority (SUA) Richard Road plant, and west of the Hilltop Park mobile home park. Congress Avenue currently ends at the site's southern property line. The future right-of-way extension of Congress Avenue is proposed to transect the subject site on both the City's Conceptual Thoroughfare Plan and Palm Beach County's Thoroughfare Right-of- way Identification map. The 23.16 acre subject site is currently vacant, and was previously a mobile home park. The proposed comprehensive plan amendment to the Future Land Use Map (FLUM) would change the current land use designation from Residential Medium (RM) to the proposed land use designation of Commercial (C). As part of the FLUM amendment, the applicant is proposing to limit the maximum amount of commercial development on the site to 250,000 square feet of gross commercial retail space (or its equivalent) by providing a notation on the City's Future Land Use Map. The applicant is also proposing to rezone the property from Residential Medium (RM) to General Commercial (CG1) concurrently with the future land use map amendment. There is no site plan or master development plan proposed at this time. The subject petition will be processed in accordance to Chapter 163.3184 Florida Statutes (F.S.) and Rule 9J-11 Florida Administrative Code (F.A.C). LAND-USE COMPATIBILITY WITH SURROUNDING AREA The subject site is immediately adjacent to the northern boundary of the Northlake Boulevard Overlay Zone (NBOZ), and has a future land use designation of Commercial (C) with retail commercial uses along both sides of the boulevard in this area. Across the C-17 Canal to the west of the site is a school and park with a Public (P) future land use designation. To the north of the site is a vacant, city-owned property with a Public (P) designation. Further to the north is the SUA Richard Road water treatment plant in unincorporated Palm Beach County. East of the subject site is the Hilltop Park mobile home park in unincorporated Palm Beach County, which has a High density Residential (RH-12) future land use designation. The proposed amendment to commercial is compatible with all of the surrounding uses and future land use designations. The change to commercial would be especially well-suited with the NBOZ uses to the south. The applicant will need to consider buffering and connectivity issues regarding the 6.14 acre City parcel to the north of the site as part of the site plan and rezoning processes. Consideration will also be needed to address the C-17 canal frontage, and providing appropriate buffering for the residential mobile home park directly to the east. (The remainder of this page left intentionally blank.) Petition#:CPMA-09-03-00001 1 Meeting date:September 10,2009 Ordinance 24,2009 Page 3 of 12 TABLE 1. EXISTING ZONING AND LAND USE DESIGNATIONS EXISTING USE ZONING FUTURE LAND USE Subject Property Residential Medium (RM) Residential Medium (RM) Vacant North Public or Institutional (P/I); Public (P); Unincorporated— Vacant (City property); Unincorporated—Utilities Utilities Utilities (SUA water treatment plant) South General Commercial (CG 1) Commercial (C) within Commercial (Walgreens; within Northlake Boulevard Northlake Boulevard Overlay Polio Tropical; vacant Overlay Zone (NBOZ) Zone (NBOZ) commercial building) East Unincorporated—Residential Unincorporated—Residential Unincorporated— Residential High (RH)* High (HR-12) (Hilltop Mobile Home Park) *Under new County regulations regarded as Residential Medium West Canal; Public or Institutional Canal; P; Recreation Open C-17 Canal right-of-way (P/I) Space (ROS) (340 feet wide); middle school; park COMPATIBILITY WITH THE CITY'S VISION PLAN The City's Vision Plan serves as a land use guide for all land use designation changes in the City. The proposed future land use amendment meets the goal of expanding the economic base by providing additional commercial space on an infill site near one of the City's major commercial corridors. Also, since the subject site is also located in the urban service area of the City, it makes efficient use of available services and facilities. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN The proposed Future Land Use Map amendment is consistent with the overall Goals, Objectives, and Policies (GOPs) of the City's adopted Comprehensive Plan. An example of some of the GOPs that are consistent with and furthered by the proposed amendment, are listed below: Petition#:CPMA-09-03-000011 Meeting date:September 10,2009 Ordinance 24,2009 Page 4 of 12 ECONOMIC DEVELOPMENT ELEMENT Goal 13.1.: The economic goal of the City of Palm Beach Gardens is to achieve a balance and diversified economy which is compatible with the City's quality built environment and protects important natural resources. Currently, the City's land-use base is pre-dominantly residential. Approximately 24 percent of the City's land area is residential while less than three percent is commercial and professional office (conservation accounts for the largest portion of the City with over 41 percent). This composition places a heavy burden on residential tax payers to maintain all of the City's level of service standards. The City continues to afford opportunities for a diversified tax base and promote a strong economic environment within the City to increase the job base for residents and provide a sustainable economy. The proposed land use map change will advance this goal by providing the opportunity to increase the commercial tax base. FUTURE LAND USE ELEMENT Objective 1.1.3.: Maintain land development regulations to manage future growth and development in a manner that provides needed facilities and services, protects environmental resources, and encourages infill and redevelopment of the eastern portion of the City. The proposed land use amendment is consistent with the objective to encourage infill and redevelopment in the eastern portion of the City where facilities and services are available. Commercial redevelopment is more compatible and more likely to occur at this location sooner than multi-family development, which is permitted by the current Residential Medium land use category. GOAL 1.2.: ENCOURAGE DEVELOPMENT OR REDEVELOPMENT ACTIVITIES, WHILE PROMOTING STRONG SENSE OF COMMUNITY, AND CONSISTENT QUALITY OF DESIGN; AND DO NOT THREATEN EXISTING NEIGHBORHOOD INTEGRITY AND HISTORIC AND ENVIRONMENTAL RESOURCES. The proposed land use amendment would encourage redevelopment, which would be compatible with the existing commercial uses directly south of the site. In addition, the change to commercial would not threaten the existing neighborhood integrity. Buffering considerations will need to be made between the site and the high density residential use(mobile home park) to the east. Objective 1.2.1.: Issue development orders and permits for development or redevelopment activities only if the protection of natural resources is ensured and consistent with the goals, objectives, and policies of the Conservation, Infrastructure and Coastal Management Elements of this Comprehensive Plan. As vacant land previously developed as a mobile home park, the site does not have any natural resources on-site that would need protection. Because of this, it is ideal for redevelopment, and would add to the amount of developable commercial land within the City's urban service area without decreasing the amount of natural tracts of land in the City. Petition#:CPMA-09-03-000011 Meeting date:September 10,2009 Ordinance 24,2009 Page 5 of 12 Objective 1.2.4.: Direct future growth, development and redevelopment to areas as depicted on the Future Land Use Map, consistent with: sound planning principles; minimal natural limitations; the goals, objectives, and policies contained within this Comprehensive Plan; and the desired community character. As a previously developed, vacant infill site adjacent to the intersection of a major commercial corridor, the subject site is ideal for future growth and development. The requested amendment to commercial use is based on sound planning principles, including compatibility with surrounding uses, efficient use of existing facilities and services, and no displacement of natural resources. The site is highly accessible by the existing and future roadway network, transit routes, and near to the FEC railroad. The site, as amended, can become an extension of the commercial cluster at the Northlake Boulevard and Congress Avenue intersection. Policy 1.2.4.11.: The City shall encourage infill and redevelopment of existing properties with consideration of the following: 1. Address the impact of redevelopment activities on natural systems and any historic resources 2. Provide for visual continuity of the community through the application of sound principles of architectural design and landscaping 3. Be consistent with the character of the neighborhood 4. Reduce existing non-conformities or alternatively demonstrate that adverse impacts will not be created. 5. Be consistent with Section 723.0612, Florida Statutes, related to mobile home parks and include relocation strategies for those residents displaced by the implementation of the plan, which ensure that the displaced residents are provided adequate notice, equitable compensation and assistance in locating comparable alternative housing in proximity to employment and necessary public services and/or provide a minimum percentage of replacement housing on site. The proposed amendment is consistent with this policy. It does not adversely impact natural or historic resources. It will reduce existing non-conformities by providing commercial opportunity in place of a vacant, mobile home park. Hilltop Gardens conducted a Mobile Home Relocation Plan in 2005 and 2006 as part of an earlier development petition. The site is now completely vacated, and has been for approximately two years. Policy 1.3.1.2.: All proposed commercial and industrial development requiring a change on the Future Land Use Map in order to be approved shall submit a market study indicating the economic feasibility of the development and the location advantage over existing commercial and industrial lands. The applicant performed a market study evaluation (please see attached Market Study), which indicated that the site has excellent access and visibility for commercial use once Congress Avenue is extended north of Northlake Boulevard. The study covered a three mile radius from the subject site and found approximately 6,823,875 square feet of built, approved or in process commercial retail space. The study indicated a 2009 estimated demand for 8,456,838 square feet of commercial Petition#:CPMA-09-03-000011 Meeting date:September 10,2009 Ordinance 24,2009 Page 6 of 12 space, and concluded that the study area has a demand overhang/supply deficit of 1,632,963 square feet of retail commercial. The study shows that sufficient demand potential exists in the study area to support the proposed commercial space at the subject site. TRANSPORTATION ELEMENT The proposed amendment is consistent with the Transportation Element. It meets the traffic level of service standards when limited to a maximum of 250,000 square feet of commercial retail space as detailed in the Level of Service section below. It is also consistent with the City's Conceptual Thoroughfare Plan for the future extension of Congress Avenue. INFRASTRUCTURE ELEMENT The proposed amendment is consistent with the Infrastructure Element. It meets the level of service standards for sanitary sewer, potable water, solid waste, and drainage as detailed in the Level of Service section below. HISTORICAL AND ARCHEOLOGICAL RESOURCES No historical and/or archeological resources have been identified on site, which was previously developed as a mobile home park. ENVIRONMENTAL ISSUES AND LAND SUITABILITY FOR PROPOSED LAND-USE Until recently the subject parcel had been a Residential Mobile Home Park for over 30 years. No native upland or wetland habitats exist on the parcel. LEVELS OF SERVICE TRAFFIC The applicant provided a Transportation Analysis prepared by Pinder Troutman Consulting, Inc. The analysis looked at the current future land use designation (RM), the proposed future land use designation (C) at maximum intensity under two scenarios (two-story retail and four-story general office), and the proposed future land use designation (C) with a 250,000 square foot cap on retail commercial space. The analysis looked at traffic conditions currently using 2008 data, in five years (2013) and in the year 2025. The City's Residential Medium (RM) land use designation allows up to 7 units per acre, which can be increased to 9 units per acre if used in conjunction with Planned Community Development zoning. Therefore, maximum density under the current future land use designation was determined by using 9 units per acre. For the 23.16 acre site, this totaled 208 units and would yield 1,456 external average annual daily traffic (AADT) trips, and 110 PM peak-hour trips (Table 2). The maximum intensity for commercial use was determined to be two-story retail use with a 35% lot coverage, which yielded a net increase of 17,814 AADT trips, and 1,859 PM peak-hour trips (Table 3). The traffic level of service analysis based on this increase created failures of several roadway Petition#:CPMA-09-03-000011 Meeting date:September 10,2009 Ordinance 24,2009 Page 7 of 12 links within the three study periods. However, the applicant has proposed to cap the maximum allowable retail commercial space to 250,000 square feet. This amount of retail use yielded 8,445 new AADT trips, and 798 PM peak-hour trips (Table 4). Therefore, the proposed amendment with the retail cap would generate a net increase of 6,989 AADT trips and 688 PM peak-hour trips. With the proposed 250,000 square foot limitation on the maximum allowable retail commercial square footage, the proposed amendment did not create any failures of the traffic level of service within the study area over the three required timeframes. Therefore, the amendment to commercial with a limit on the amount of retail commercial use of 250,000 square feet or equivalent thereof as will be noted on the City's FLUM, meets the City's traffic level of service requirements. Table 2. Potential Traffic Impact of Existing Future Land Use Parcel Max. Total Trips Peak-hour Trips Density/Intensity RM—23.16 acres 9 du/acre 1,456 AADT* 110 PM peak- (208 dwelling units) external trips hour trips *Average Annual Daily Traffic Table 3. Potential Traffic Impact of Proposed Future Land Use (Maximum Impact) Parcel Max. Total Trips Peak-hour Trips Density/Intensity Commercial—23.16 acres 706,286 sq. ft. 17,814 AADT* 1,859 PM peak- (Two story retail; 35% lot external trips hour trips coverage) _ *Average Annual Daily Traffic Table 4. Potential Traffic Impact of Proposed Future Land Use with FLUM note capping maximum amount of retail commercial Parcel Max. Total Trips Peak-hour Trips Density/Intensity Commercial —23.16 acres 250,000 sq. ft. 8,445 AADT* 798 PM peak- with cap on intensity external trips hour trips *Average Annual Daily Traffic The City's Conceptual Thoroughfare Plan and Palm Beach County's Thoroughfare Right-of-way Identification map both plan for the extension of Congress Avenue from Northlake Boulevard, through the subject site, and connecting with Richard Road to cross the Florida East Coast railway and connecting to Alternate AIA. This future right-of-way is planned to be a four lane divided roadway and would split the site into an approximate 7.76 acre parcel and an approximate 12.92 acre parcel, removing the 2.48 acres right-of-way from the total site area. The extension of Congress Avenue is included in the applicant's transportation analysis for its 2025 transportation system projections. (The remainder of this page left intentionally blank.) Petition#:CPMA-09-03-000011 Meeting date:September 10,2009 Ordinance 24,2009 Page 8 of 12 SANITARY SEWER The site is currently served by Seacoast Utility Authority (SUA). The applicant provided a letter of availability from SUA dated March 18, 2009. The City's Comprehensive Plan gives a sanitary sewer LOS of 107 gallons per day per capita. No LOS is given for commercial usage. Therefore,the applicant has used 0.1 gallon per square foot of commercial building per Health Department standards for non-residential water and sewer flows. The sanitary sewer level of service analysis follows: 1) Level of service required for existing Palm Beach Gardens land use Residential Medium (RM) on 23.2 acres is based on a maximum of 9 units per acre of development. The sewer demand estimate for the existing land use designation of Residential Medium (RM) equals 23.2 acres x 9 units per acre x 2.35 persons per unit x 107 gallons per day per capita = 209 units x 2.35 persons x 107 gal =52,553 gallons per day. 2) Level of service required for proposed Palm Beach Gardens land use Commercial (C & CG-1) on 23.2 acres is based on a maximum of 1,412,572 square feet of commercial development: The sewer demand estimate for the proposed land use designation of Commercial (C & CG-1) is based on a maximum of 1,412,572 square feet (1,412,572 square feet x 0.1 gallons) = 141,257.2 gallons per day. 3) Level of service required for proposed Palm Beach Gardens land use Commercial (C & CG-1) on 23.2 acres with a cap limitation of 250,000 square feet of commercial development: The sewer demand estimate for the proposed land use designation of Commercial (C & CG-1) is based on a maximum of 250,000 square feet (250,000 square feet x 0.1 gallons) = 25,000 gallons per day. The analysis shows that the amount of sanitary sewer needed to service the proposed land use change under the maximum potential development scenario is nearly three times greater than that needed to service the existing allowable use. The analysis also shows that the needed sanitary sewer under the proposed land use change with the proposed cap of 250,000 square feet of commercial is less than one-half what is needed under the existing land use designation. As stated, SUA has provided a letter stating that the capacity to meet the impacts from the maximum proposed future land use amendment is available. Therefore, the capacity is also available to service the lower impacts produced by the proposed land use change with the proposed 250,000 square feet cap on development. However, it is important to note that no capacity is reserved for the site at this time. POTABLE WATER The site is currently served by Seacoast Utility Authority(SUA). The applicant has provided a letter of availability from SUA dated March 18, 2009, The City's Comprehensive Plan gives a potable water LOS of 191 gallons per day per capita. No LOS is given for commercial usage. Therefore, the applicant has used 0.1 gallon per square foot of commercial building per Health Department Petition#:CPMA-09-03-000011 Meeting date:September 10,2009 Ordinance 24,2009 Page 9 of 12 standards for non-residential water and sewer flows. The potable water level of service analysis follows: 1) Level of service required for existing Palm Beach Gardens land use Residential Medium (RM) on 23.2 acres is based on a maximum of 9 units per acre of development. The public water demand estimate for the existing land use designation of Residential Medium (RM) equals 209 units x 2.35 persons per unit x 191 gallons per day per capita = 93,810 gallons per day. 2) Level of service required for proposed Palm Beach Gardens land use Commercial (C & CG-1) on 23.2 acres is based on a maximum of 1,412,572 square feet of commercial development: The public water demand estimate for the proposed land use designation of Commercial (C & CG-1) is based on a maximum of 1,412,572 square feet (1,412,572 square feet x 0.1 gallons) = 141,257.2 gal per day. 3) Level of service required for proposed Palm Beach Gardens land use Commercial (C & CG-1) on 23.2 acres with a cap limitation of 250,000 square feet of commercial development: The public water demand estimate for the proposed land use designation of Commercial (C & CG-1) is based on a maximum of 250,000 square feet (250,000 square feet x 0.1 gallons) =25,000 gallons per day. The analysis shows that the amount of potable water needed to service the proposed land use change under the maximum potential development scenario is nearly three times greater than that needed to service the existing allowable use. The analysis also shows that the needed potable water under the proposed land use change with the proposed cap of 250,000 square feet of commercial is less than one-half what is needed under the existing land use designation. As stated, SUA has provided a letter stating that the capacity to meet the impacts from the maximum proposed future land use amendment is available. Therefore, the capacity is also available to service the lower impacts produced by the proposed land use change with the proposed 250,000 square feet cap on development. However, it is important to note that no capacity is reserved for the site at this time. DRAINAGE A Drainage Statement for Hilltop Gardens was prepared by Michael A. Schorah and Associates, Inc. There is no on-site storm water retention on this parcel currently. On-site surface water system will be required as part of the final site plan. The statement concludes that it will be possible to provide drainage on-site that will meet the City's drainage level of service requirements. SOLID WASTE The change will not adversely impact solid waste generation. No improvements or expansions to the solid waste disposal system are needed to service this amendment. The applicant has provided a letter of service availability from the Solid Waste Authority dated January 9, 2009. Petition#:CPMA-09-03-000011 Meeting date:September 10,2009 Ordinance 24,2009 Page 10 of 12 The City's Comprehensive Plan provides for the following standards: 2005—Garbage 66,290 tons per year 2010—Garbage 80,050 tons per year 7.13 lbs per capita per day, twice per week in urban areas 7.13 lbs per capita per day, once per week in rural areas The City's standard policy for commercial development is 5.5 lbs/square feet/year. However, the City's Comprehensive Plan and Land Development Regulations do not reference the requirements for commercial development. The applicant has used 7.13 lbs/square feet/year for its estimates as a more conservative estimate. 1) Level of service required for existing Palm Beach Gardens land use Residential Medium (RM) on 23.2 acres is based on a maximum of 9 units per acre of development. The total maximum allowable development is 209 units, and the usage is based on 7.13 lbs. per day per capita. Therefore, 209 units x 2.35 persons per unit x 7.13 lbs. per day per capita=3,502 pounds per day 2) Level of service required for proposed Palm Beach Gardens land use Commercial (C) on 23.2 acres is based on a maximum of 1,412,572 square feet of commercial development: The total maximum allowable development is 1,412,572 square feet, and the usage is based on 5.5 lbs/square feet/year. Therefore,the total demand under the proposed land use is: 1,412,572 square feet (1,412,572 square feet x 5.5 lbs/square feet/year/365 days) = 21,285 pounds per day 3) Level of service required for proposed Palm Beach Gardens land use Commercial (C) on 23.2 acres with a cap limitation of 250,000 square feet of commercial development: The total maximum allowable development is 250,000 square feet, and the usage is based on 5.5 lbs/square feet/year. Therefore, the total demand under the proposed land use is: 250,000 square feet (250,000 square feet x 5.5 lbs/square feet/year/365 days) = 3,767 pounds per day The applicant has indicated that the required level of service is 27,593 lbs/day (based on 7.13 lbs/square feet/year) for the proposed amendment at the maximum development impact, and 4,883 lbs/day for the proposed amendment impact based on the 250,000 square foot cap on commercial development. However, whichever estimate is used, future service is available according to the Solid Waste Authority. PARKS AND RECREATION Since the amendment does not involve an increase of residential units, there is no impact to the City's parks and recreation level of service. In addition, Parks and Recreation has reviewed the application and does not have any adverse comments or concerns regarding the proposal. CONCLUSION OF LEVEL OF SERVICE ANALYSIS The applicant has demonstrated to the satisfaction of the Director of Engineering, the City's traffic engineering consultant, and staff that the proposed Future Land Use Category of Commercial meets the level of service standards established in the City's Comprehensive Plan. The Growth Petition#:CPMA-09-03-000011 Meeting date:September 10,2009 Ordinance 24,2009 Page 11 of 12 Management Department has received response letters from the City's Fire and Police Departments stating that the proposed future land use change is appropriate and will not negatively impact the levels of service of said Departments. The applicant has provided letters from the Solid Waste Authority and Seacoast Utility Authority stating there are adequate capacities to service the proposed development at their respective adopted levels of service. Therefore, the petitioner's analysis demonstrates that there will be no direct, adverse impacts on the adopted Level of Service (LOS) standards for water, sewer, solid waste, parks and recreation, police and fire services, and traffic. NEARBY LOCAL GOVERNMENT COMMENTS/OBJECTIONS Staff provided the Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC)notice on June 12, 2009. IPARC has not raised any objections to date. STAFF ANALYSIS The proposed Future Land Use Map designation of Commercial (C) is compatible with the adjacent properties and with the City's Comprehensive Plan. The changes will provide additional commercial development just north of the intersection of Northlake Boulevard and Congress Avenue. The traffic statement indicates that the proposed change with a cap of 250,000 square feet of gross commercial retail will not result in substantial traffic impacts to the adopted level of service. Also, the analysis demonstrates that there will be no direct, adverse impacts on the adopted Level of Service (LOS) standards for water, sewer, solid waste, parks and recreation, police and fire services. The Comprehensive Plan describes the Residential Medium (RM) (Policy 1.1.1.4) and Commercial (C) (Policy 1.1.1.7) land use categories. The Comprehensive Plans states that RM "uses [should be] spatially separated or buffered from major streets, commercial or industrial activities, or other land uses which generate significant adverse impacts." The Congress Avenue extension would create significant buffering challenges for residential uses on the site, and RM will not be the best future land use designation for the subject site. In contrast, the added visibility and access would be beneficial for commercial uses locating at the site. It is important to note that although the future Congress Avenue extension is planned on both the City's Conceptual Thoroughfare Plan and Palm Beach County's Thoroughfare Right-of-way Identification map there is no assurance or timeframe for completion of the roadway extension at this time. However, based on the best information available, the Congress Avenue extension will eventually connect Northlake Boulevard to Alternate Al A through the subject site. The applicant's market study states that the site will have excellent access and visibility once Congress Avenue is extended north of Northlake Boulevard. After the extension, the subject site will have approximately 925 feet of frontage along an arterial roadway. In addition, the study concludes that sufficient demand potential exists in the study area to support the proposed commercial space at the subject site. Petition#:CPMA-09-03-000011 Meeting date:September 10,2009 Ordinance 24,2009 Page 12 of 12 The City's land use ratios indicate that commercial and professional office make up less than three percent(3%) of existing land in the City while residential makes up approximately 24 percent of the City's land area. This proposed land use amendment would increase the amount of commercial space in the eastern portion of the City where infill development is encouraged and services are available. The proposal is also consistent with the goals, objectives, and policies of Florida's State Comprehensive Plan and the Treasure Coast Regional Planning Council's Regional Policy Plan, especially with regard to encouraging redevelopment and infill development that makes efficient use of existing public services and facilities and the promotion of economic development opportunities. Based upon staff's analysis, the proposed future land use amendment to Commercial (C), with the maximum cap of 250,000 square feet of gross commercial retail space is: • Consistent with the City's Comprehensive Plan and its goals of economic development and placement of commercial uses; • Consistent with adopted level of service standards for transportation and other services; • Compatible with the subject site's surroundings; and • More appropriate for the subject site than the existing RM land use designation. PZAB RECOMMENDATION At the July 14, 2009 public hearing, the PZAB, sitting as the Local Planning Agency, voted 6-1 to recommend approval of the Future Land Use Map amendment petition. STAFF RECOMMENDATION Staff recommends APPROVAL of Ordinance 24, 2009 on first reading. 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) ❑Annexation Planned Unit Development(PUD) {Rezoning QAmendment to PCD,PUD or Site Plan QSite Plan Review [Conditional Use ❑iConcurrency Certificate Amendment to the Comprehensive Plan 0-Time Extension ['Administrative Approval ['Miscellaneous Administrative Appeal pOther Date Submitted: 03/13/2009 Project Name: Hilltop Gardens MHP Future Land Use Plan Amendment Owner: Hilltop Residential LTD Address: 9900 SW 107 Ave., Miami, FL 33176 • • Applicant(if not Owner): Applicant's Address: Telephone No. Agent:Marty Minor, Urban Design Kilday Studios Contact Person: Marty Minor E-Mail: mminor @udkstudios.com Agent's Mailing Address: 477 S. Rosemary Avenue, Suite 225, West Palm Beach, FL 33401 Agent's Telephone Number: (561) 366-1100 Fax Number: (561) 366-1111 FOR OFFICE USE ONLY Petition Number: Date &Time Received: Fees Received Application$ Engineering $ Receipt Number: Architect: Phone Number: Engineer:Michael B.Schorah &Associates, Inc. Phone Number: (561) 968-0080 Planner: Urban Design Kilday Studios Phone Number: (561)366-1100 Landscape Architect: Urban Design Kilday Studios Phone Number:(561) 366-1100 Site Information: Note: Petitioners shall submit electronic digital files of approved projects. See attachment for details. East of the C-17 Canal, and north of the Northlake Boulevard and south of the General Location: Seacoast Utility Authority Richard Road plant. Address: n/a Section: 18 Township: 42 Range: 43 Property Control Number(s): 52.43.42.18.00.000.5120 Residential General Commercial Acreage: 23.16 Current Zoning: Medium(RM) Requested Zoning: (CG1) Flood Zone C Base Flood Elevation (BFE)—to be indicated on site plan Current Comprehensive Plan Land Use Designation: Residential Medium (RM) Existing Land Use: Residential Medium (RM)Requested Land Use:Commercial (C) • Proposed Use(s)i.e.hotel, single family residence, etc.: Commercial/Retail S Proposed Square Footage by Use: n/a Proposed Number and Type of Dwelling Unit(s) i.e. single family,multifamily, etc. (if applicable): n/a Justification Information concerning all requests (attach additional sheets if needed.) (Section 78-46,Application Procedures,Land Development Regulations) 1. Explain the nature of the request: See attached Application Narrative • 2. What will be the impact of the proposed change on the surrounding area? Please see the attached Project Narrative. 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. Please see the attached application narrative. • 4. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78-301,Land Development Regulations)? The site is a redevelopment location. The site was previously developed as a mobile home park prior to the municipal requirement for environmental preserve areas. There is no ecological habitat on the site. 5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78- 261,Land Development Regulations)? The project will comply with all Art in Public Places requirements when a site plan application is submitted to the City. • 6. Has project received concurrency certification? N/A Date received: Legal Description of the Subject Property (Attach additional sheets if needed) Or see attached deed for legal description. • • Location The subject property is located approximately 0.1 U mile(s)from the intersection of Northlake Boulevard and Shadberry Street on the 12 north,Deast,Flsouth,nwest side of Northlake Boulevard (street/road). Applicant's Certification I/We affirm and certify that Uwe 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: `G/- —* t, Signature of Applicant awner Marty Minor Print Name of Applicant � Optionee 477 S. Rosemary Avenue, Suite 225 Street Address 'lessee West Palm Beach, FL 33401 City, State, Zip Code 1:51 Agent (561 ) 366-1100 Telephone Number nContract Purchaser (561 ) 366-1111 Fax Number mminor @udkstudios.com E-Mail Address ISTATEMENT OF OWNERSHIP AND DESIGNATION OF AUTHORIZED AGENT Before me,the undersigned authority, personally appeared MICHAEL DEBOCK, who being sworn on oath, deposes and says: 1. That, he is the VICE PRESIDENT, STANDARD PACIFIC HOMES AND HILLTOP RESIDENTIAL,LTD., which is the Owner of the property described as the former Hilltop Mobile Home Park, located in Palm Beach Gardens Florida, which is further described on the attached Exhibit A; and;: 2. That, MICHAEL DEBOCK is authorized to act on behalf of HILLTOP RESIDENTIAL, LTD, and; 3 That, HILLTOP LTOP RESIDENTIAL,LTD, is requesting a Future Land Use Plan Amendment, RezdnhTg,Pre-Application meeting and Concurrent Processing for the subject property, and- 4. 'That, I ILLTOPRESIDENTIAL,LTD,has appointed KEN TUMA and URBAN DESIGN IDAY STUDIOS to act as Agent on its behalf to accomplish the above, and; That, HILLTOP RESIDENTIAL, LTD, or its successors or assigns, commits to proceed with the proposed development in accordance with the Ordinances and Resolutions of approval and such conditions and safeguards as may be set by the City Council of the City of Palm Beach Gardens,and; 6. That, HILLTOP RESIDENTIAL, LTD, or its successors or assigns, commits to complete the development according to the plans approved by such Ordinance, and to continue operating and maintaiining such area, functions, and facilities as are not to be provided,operated or maintained by the City of Palm Beach Gardens pursuant to written agreement, and; 7. That, HILLTOP RESIDENTIAL, LTD, commits to bind any successors in title to any commitments made in the approval. HILLTOP RESIDENTIAL, LTD BY: STANDARD PACIFIC HOMES MICHAEL DEBOC E PRESIDENT BY: l..),P Name Title Sworn to and subscribed before me this day of , 2009. ilir -111111111131111111111111111111111111111111111111111 CFN 20050173318 OR BK 18316 PG 0941 PREPARED BY AND WHEN RECORDED RETURN TO: RECORDED 03/25/2005 16:34:01. Steven 1. Vainder,Esquire Palm Beach County, Florida WHITE&CASE LLP AKT 9,598,200.00 200 South Biscayne Blvd SharonaR. Bock,CLERK & COMPTROLLER Suite 4900 Pge 0941 - 945; (5pgs) Miami.Fl33131-2353 (305)371-2700 Parcel Tax Identification Number: 3-876-647-70 /52-43-42-18-00-000-5120 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, is made as of this j 1 day of March, 2005 by HILLTOP GARDENS, L.L.C., a Florida limited liability company, as"GRANTOR", whose mailing address is 12712 West Sunrise Blvd., Suite 187, Sunrise, Fl 33323, to HILLTOP RESIDENTIAL, LTD., a Florida limited partnership, as"GRANTEE", whose mailing address is 1860 Old Okeechobee Road, Suite 503, West Palm Beach, Florida 33409. WITNESSETH : That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, to it in hand by the Grantee, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained and sold to the Grantee(s), and the Grantee(s)' heirs and assigns forever, the following described property, located and situated in the County of Palm Beach, State of Florida to-wit: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF Together with all tenements hereditaments, and a ppurtenances thereto belonging or in anywise appertaining. To have and to hold, the same in fee simple forever. THIS CONVEYANCE is subject only to those exceptions set forth in Exhibit B attached hereto; provided, however, that nothing set forth herein is intended to re-impose the same. The Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good, right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor, but none others. IN WITNESS WHEREOF, the Grantor has caused this Special Warranty Deed to be executed by the undersigned, its duly authorized officer, on the day and year first above written. WITNESSES: HILLTOP GARDENS, L.L.C., a Florida • limited liability company By: Ci4a, _.21:_e111._,_,- - Name: CTOR J. T IANO lA_C/,CC-( Name: Aar+e Hankafl� STATE OF FLORIDA • Pvu-K. : ss COUNTY OF PALM BEACII The foregoing instrument was acknowledged before me by_Isaac. /6 /1), e of HILLTOP GARDENS, L.L.C, a Florida limited liability company, on behalf of such company, who acknowledged before me that (s)he executed the foregoing Deed for the purposes therein. Such individual is personally known to me or has produced a driver's license as identification. IN WITNESS WHEREOF, I have hereunto set my hand and seal on this the -/ day of March, 2005. r}-� ll-L�.Lr P /JcL Notary Public State of--Florida at Large (Notarial Seal) My Commission expires: • MARIE P.HANKINS _' Y'; V COMMISSION#DD 208420 ; Lr� =XPIRES:May 1,2007 ,_Ttru Notary Public Undenvnters 7 EXHIBIT A A PARCEL OF LAND SITUATED IN SECTION 18, TOWNSHIP 42 SOUTH, RANGE 43 EAST; WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 18; THENCE NORTH 01 DEGREES, 35 MINUTES, 11 SECONDS EAST, ALONG THE EAST LINE OF SAID SECTION 18, (THE EAST LINE OF THE SOUTHEAST QUARTER(SE 1/4)OF SAID SECTION 18 IS ASSUIVIED TO BEAR NORTH 01 DEGREE, 35 MINUTES, 11 SECONDS EAST AND ALL OTHER BEARINGS REFERENCED HEREIN ARE RELATIVE THERETO), A DISTANCE OF 467.00 FEET TO A POINT IN THE NORTH LINE OF THE SOUTH 467.00 FEET OF SAID SECTION. SAID POINT ALSO BEING THE POINT OF BEGINNING OF THE HEREIN I DESCRIBED PARCEL; THENCE CONTINUE NORTH 01 DEGREE, 35 MINUTES, 11 SECONDS EAST, ALONG SAID EAST LINE, A DISTANCE OF 866.86 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF (S 1/2) OF THE SOUTHEAST QUARTER(SE 1/4) OF SAID SECTION 18; THENCE NORTH 88 DEGREES, 33 MINUTES, 12 SECONDS WEST, ALONG SAID NORTH LINE, A DISTANCE OF 663.32 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER(SE 1/4)OF THE NORTHEAST QUARTER(NE 1/4) OF THE SOUTHEAST QUARTER(SE 1/4) OF SECTION SAID SECTION 18; THENCE NORTH 01 DEGREE, 36 MINUTES, 03 SECONDS EAST, ALONG THE WEST LINE OF THE SOUTHEAST QUARTER(SE 1/4)OF THE NORTHEAST QUARTER(NE 1/4) OF THE SOUTHEAST QUARTER(SE 1/4) OF SAID SECTION 18, A DISTANCE OF 666.27 FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 88 DEGREES, 36 MINUTES, 37 SECONDS WEST, ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER(SW 1/4) OF THE NORTHEAST QUARTER(NE 1/4) OF THE SOUTHEAST QUARTER(SE 1/4)OF SAID SECTION 18, A DISTANCE OF 113.83 FEET TO THE EAST RIGHT-OF-WAY LINE OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT'S C-17 CANAL;THENCE SOUTH 12 DEGREES 26 MINUTES, 29 SECONDS WEST, ALONG SAID CANAL RIGHT-OF-WAY, A DISTANCE OF 1573.76 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 453.00 FEET OF SAID SECTION; THENCE SOUTH 88 DEGREES 26 MINUTES 21 SECONDS EAST, ALONG SAID NORTH LINE, DEPARTING FROM SAID CANAL RIGHT-OF-WAY, A DISTANCE OF 973.35 FEET TO A POINT ON A LINE LYING 100.00 FEET WESTERLY OF AND PARALLEL WITH THE EAST LINE OF SAID SECTION 18; THENCE NORTH 01 DEGREE 35 MINUTES 11 SECONDS EAST, ALONG SAID LINE, A DISTANCE OF 14.00 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 467.00 FEET OF SAID SECTION; THENCE SOUTH 88 DEGREES 26 MINUTES 21 SECONDS EAST ALONG SAID LINE, A DISTANCE OF 100.00 FEET OF TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. PARCEL 2: A PARCEL OF LAND SITUATED IN SECTION 18, TOWNSHIP 42 SOUTH, RANGE 43 SO EAST; WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 3 li THE SOUTH 147.58 FEET OF THE WEST 147.58 FEET OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHEAST QUARTER(NE 1/4) OF THE SOUTHEAST QUARTER(SE 1/4) OF SAID SECTION 18. I I 4 EXHIBIT B 1. Taxes for the year 2005 and any taxes and assessments levied or assessed subsequent to the effective date hereof Said taxes become a lien as of January 1, 2005 but are not due and payable until November of 2005. 2. Right-of-Way Easement granted to Southern Bell Telephone and Telegraph Company, filed June 9, 1965, in Official Records Book 1217, at Page 597, together with Subordination of Utility Interests to County of Palm Beach, Florida, filed September 24, 1998, in Official Records Book 10656, at Page 1177 of the Public Records of Palm Beach County, Florida. 3. Easement Agreement in favor of Palm Beach Utilities Corporation, a Florida corporation, filed July 28, 1987, in Official Records Book 5366, at Page 1889, as assigned to Peoples Gas System, Inc., a Florida corporation, by Assignment, filed June 10, 1991, in Official Records Book 6851, at Page 845 of the Public Records of Palm Beach County, Florida. 4. Utility Easement granted to Seacoast Utility Authority, filed June 6, 1990, in Official Records Book 6475, at Page 1958 of the Public Records of Palm Beach County,Florida. 5. Utility Easement granted to Seacoast Utility Authority, filed June 6, 1990, in Official Records Book 6475, at Page 1961 of the Public Records of Palm Beach County, Florida. 6. Easement Deed granted to Seacoast Utility Authority, filed October 13, 1994, in Official Records Book 8462, at Page 1446 of the Public Records of Palm Beach County, Florida. 5 urban FUTURE LAND USE PLAN AMENDMENT design For your convenience, the following is a listing of the other 1(' I ici consultants who have been retained for the preparation of this STUDIO S application: Land Planner/Agent Urban Planning and Design g Landscape Architecture Marty R.A,Minor,AICP Communication Graphics Urban Design Studio 477 So.Rosemary Avenue, Suite 225 West Palm Beach,Florida 33401 561-366-1100 Traffic Consultant Andrea Troutman Pinder Troutman Consulting,Inc. 5114 Okeechobee Boulevard, Suite 210 West Palm Beach,FL 33417-3405 561-296-9698 Civil Engineer Michael Schorah Michael B. Schorah & Associates,Inc. 1850 Forest Hill Boulevard, Suite 206 West Palm Beach,FL 33406 561-968-0080 The following are our responses to the items on the application checklists. Please note that our responses to each item of the checklist are bolded. APPLICATION FEES: 1. Base Sum of$3,500.00 for Comprehensive Plan Land Use Map Amendment. 2. Engineering escrow deposit of$5,000.00. 3. Legal escrow deposit of$1,000.00 4. Advertising escrow deposit of$1,000.00 Total Fees (attached) $10,500.00 c r r ..iy VN c�c 63(:', <p r 1r_, .. .. te. ^.: .. 477 S. Rosemary Avenue Suite 225-The Lofts at CityPlace West Palm Beach, FL 33401 561.366.1100 561.366.1111 fax www.UDKstudios.com G:Vobs\Hilltop Gardens MHP\Application Info\Engineering I1sponse Ltr.doc LCC35 urban August 17, 2009 design kildci Mr. Martin Schneider, AICP S TUDIO S Planner Growth Management Department City of Palm Beach Gardens Urban Planning and Design ty Landscape Architecture 10500 North Military Trail Communication Graphics Palm Beach Gardens,Florida 33401 RE: REVISED IMPACT ANALYSIS OF PROPOSED FUTURE LAND USE PLAN AMENDMENT FOR FORMER HILLTOP MHP SITE Dear Mr. Schneider: Below for your review is an updated impact analysis on municipal services with regards to the proposed Hilltop MHP Future Land Use Plan amendment. This update indicates the potential impact on municipal services if the future development of the site is limited to 250,000 square feet, as requested. Please note that the generation rates used in the analysis are industry standards and are just estimates of what could occur when the site is developed. Traffic Circulation: Traffic circulation has been analyzed by Pinder Troutman Consulting, Inc. A copy of this analysis was previously provided. No revision to the Comprehensive Plan's Transportation Element is required with this requested Future Land Use Plan amendment. Sanitary Sewer: Sanitary sewer services will be provided to the site by the Seacoast Utility Authority. Please see the previously-submitted letter from Dee Giles at Seacoast Utility Authority. No revision to the Comprehensive Plan's Sanitary Sewer sub-element is required with this requested Future Land Use Plan amendment. For the estimate for the potential impact, the maximum development cap of 250,000 square feet was used. The City's Comprehensive Plan provides for the following standards: Sanitary Sewer - LOS (107 gallons per day per capita) Existing Land Use Designation—Residential Medium (RM) 52,553 gallons per day based on the maximum of 209 dwelling units (209 dwelling units x 2.35 persons per unit x 107 gallons per day per capita) Proposed Land Use Designation—Commercial(C) 477 S. Rosemary Avenue 25,000 gallons per day based on the maximum of 250,000 Suite 225-The Lofts at CityPlace square feet of commercial areas square feet x 0.1 West Palm Beach, FL 33401 q ( 000 s f q 581.366.1100 561.366.1111 fax s (250,000 gallon per square foot for commercial building per Health www.UDKstudios.com LCC35 G:\Jobs\Hilltop Gardens MHP\Application Info\Revised Analysis.doc Department standards for non-residential water and sewer flows) Potable Water: Potable water services will be provided to the site by the Seacoast Utility Authority. Please see the previously-submitted letter from Dee Giles at Seacoast Utility Authority. No revision to the Comprehensive Plan's Potable Water sub-element is required with this requested Future Land Use Plan amendment. For the estimate for the potential impact, the maximum development cap of 250,000 square feet was used. The City's Comprehensive Plan provides for the following standards: Potable Water -LOS (191 gallons per day per capita) Existing Land Use Designation—Residential Medium (RM) 93,809 gallons per day based on the maximum of 209 dwelling units (209 dwelling units x 2.35 persons per unit x 191 gallons per day per capita) Proposed Land Use Designation—Commercial(C) 25,000 gallons per day based on the maximum of 250,000 square feet of commercial areas (250,000 square feet x 0.1 gallon per square foot for commercial building per Health Department standards for non-residential water and sewer flows) Drainage: Drainage has been analyzed by Michael A. Schorah and Associates. A copy of this analysis was previously submitted. No revision to the Comprehensive Plan's Stormwater Management sub-element is required with this requested Future Land Use Plan amendment. The City's Comprehensive Plan provides for the following standard: Drainage LOS - Comprehensive Plan-3-day/25-year storm The subject site will meet the development standard of a 3-day/25-year storm event. Solid Waste: Solid waste collection will be provided by Solid Waste Authority. A copy of a letter indicating their ability to service this site was previously submitted. No revision to the Comprehensive Plan's Solid Waste sub-element is required with this requested Future Land Use Plan amendment. Solid Waste-LOS NOTE: COMPREHENSIVE PLAN assumes 7.13 lbs. Per day per capita Existing Land Use Designation—Residential Medium (RM) 3,501 pounds per day based on the maximum of 209 dwelling units (209 dwelling units x 2.35 persons per unit x 7.13 pounds per day per capita) Proposed Land Use Designation— Commercial(C) 4,883 pounds per day based on the maximum of 250,000 square feet of commercial areas (250,000 square feet x 7.13 lbs/s.f./year solid waste generation rate estimate) Recreation and Open Space: The City's Comprehensive Plan provides for the following standards: Recreation and Open Space LOS - 3.7 acres of improvement parks per 1000 permanent residents Existing Land Use Designation —Residential Medium (RM) 1.81 acres needed to meet the City's Level of Service of 3.7 acres per 1000 residents for the estimated 2.35 persons per unit per 209 dwelling units. Proposed Future Land Use Designation— Commercial(C) There is no Parks and Recreation requirement for non-residential properties. Thank you for your assistance regarding this issue. Should you have any questions or comments regarding this petition,please feel free to contact me at any time. Sincerely, Urban Design Kilday Studios / 1 • Marty R.A. Minor, AICP Senior Project Planner FUTURE LAND USE PLAN MAP AMENDMENT MAPS 1. An 8 1/2" X 11" map of the subject area drawn to scale in miles, shading in the subject property. Attached 2. An 8 1/2" X 11" map of the area, indicating the boundary of the subject property, its location in relation to the thoroughfare network, and the proposed Future Land Use Map designation. Attached 3. An 8 1/2" X 11" section of the City's Future Land Use Map, indicating the subject property, its current land use designation and the land use designation of abutting properties. Attached 4. Indicate the comprehensive plan maps, other than the Future Land use Plan Map, which will need to be modified to include the proposed amendment. Only the Future Land Use Plan Map will need to be modified with this request. 5. If the subject property was recently annexed, or for other reasons has not been included in the Palm Beach Gardens Comprehensive Plan data and analysis, the following information must also be supplied to update all applicable maps: a. soil/mineral types As indicated on the City's Analysis of Land Development Suitability map in the Comprehensive Plan, the site contains Quartipsamments-Urban Land and Terra Cela soil types (Comprehensive Plan Map C). b. wellfield zones/cones of influence The subject site is located within Zone 3 and 4 as identified in the City's Existing and Proposed Waterwells and Cones of Influence Map (Comprehensive Plan Map B). c. historic resources There are no known historic resources on site. d. flood prone areas G:\Jobs\Hilltop Gardens MHP\Application Info\Engineering Response Ltr.doc A strip of the site along the western boundary adjacent to the C-17 Canal is identified as a flood prone area within the City's Flood Zones Map (Comprehensive Plan Map E). e. drainage basins and features The subject site is located within the C-17 Canal basin, as described in the City's Comprehensive Plan and the City's most recent Evaluation and Appraisal Report f. major topographical features The subject site is a vacant, but was formerly a mobile home park. The property is relatively-flat and with sporadic trees and vegetation. g. ecological communities/wetlands As stated earlier, the subject site is a former mobile home park. The site is currently vacant with remnants of trailer pads and utility hook-up locations from the former mobile home park. There are no existing ecological communities or wetlands on the site. REPORTS 1. Size of the site in acres or fractions thereof. Site Area = 23.163 acres, which includes the future Congress Road right-of-way. The future Congress Avenue right-of-way comprises approximately 2.48 acres. 2. Description of existing land uses (not designations) of subject property and surrounding properties. Existing Use of Subject Property: • Vacant Existing Use of Surrounding Properties: • North:City-owned vacant property and Seacoast Utility Authority Richard Road water treatment plant • South: Two commercial properties located within the City. The sites are being used for a Pep Boys auto store,Applebee's restaurant and Walgreen's pharmacy. • East: A mobile home park located within Palm Beach County. • West: C-17 Canal and, across the canal,the City-owned Lake Catherine Sportsplex 3. A narrative which summarizes: a) The maximum allowable development under the existing designation for the site: The subject site has a Future Land Use Plan designation of Residential Medium (RM), which allows up to 7 dwelling units per acre and up to 9 dwelling units per G:Vobs\Hilltop Gardens MHP\Application Info\Engineering Response Ltr.doc acre with a planned development. This designation would allow up to 209 dwelling units on the site. Calculations: 23.163 acres x 7 du/ac = 162.141 or 162 dwelling units 23.163 acres x 9 du/ac with planned development=208.467 or 209 dwelling units b) The maximum allowable development under the proposed designation for the site: The proposed Future Land Use Plan designation for the subject site is Commercial. The Commercial land use designation allows for a 35% lot coverage and a 50' building height. These regulations allow for a total of 1,412,572 square feet of commercial space, assuming a conventional four-story office building. This calculation was arrived at multiplying the site acreage (23.163 acres) by the 35% lot coverage to receive a 353,143 square foot maximum floor plate. With the 50-foot building height, this is comparable to a four-story office building. When the maximum allowable floor plate of 353,143 square feet is extended to four stories, the maximum allowable development for the subject property would be 1,412,572 square feet. The calculated maximum allowable development provides for a 1.39 Floor Area Ratio (FAR), which is more than triple other commercial projects in the City. For example, the commercial portion of the Legacy Place project has a 0.22 FAR and the FARs for PGA Commons parcels range from 0.19 to 0/.31 FAR. As such, it is highly improbable that the subject site will be developed at its maximum allowable intensity. The estimated required parking for 1,412,572 square feet of office space (at a 1 space per 300 square foot ratio) would be 4,708 spaces. Using the industry construction standard of 100 spaces per acre, the required parking would need 47 acres of land. The site is only 23.163 acres, therefore, a parking garage would need to be built. The parking garage would also be limited by the lot coverage and building height limitations. Any parking garage would erode the amount of area within the "maximum allowable development." As you are aware, any future development on this site will have to meet all of the City's levels of service identified in its Comprehensive Plan and meet all concurrency standards. c) A description of the proposed use and information on its compatibility with the surrounding area. The applicant is proposing to allow commercial uses on the subject site. While no specific uses are known or proposed at this time, the designation of the site as commercial is a critical first step to being able to market the site for commercial development. The subject site will be accessed by the planned extension of Congress Avenue. As identified on the City and Palm Beach County's Conceptual Thoroughfare Plan, Congress Avenue is planned to extend from its current G:Vobs\Hilltop Gardens MHP\Application Info\Engineering P sponse Ltr.doc northern terminus at Northlake Boulevard north through the subject site and ultimately connecting with Richard Road and the crossing of the Florida East Coast railway. This expanded right of way, planned to be a four-lane divided roadway, greatly impacts the subject site. This extension represents the continuation and completion of the Congress Avenue corridor, which is a major north-south thoroughfare in the county. The Congress Avenue extension will provide a connection to Alternate AlA, also a major north county roadway, from Northlake Boulevard. As a result, it is anticipated that this roadway extension will carry a high volume of traffic when completed. The anticipated traffic will greatly impact any development of the subject site and the suitability of the site for residential uses. Under a proposed alignment of the roadway, the subject site will be bisected and split into two parcels containing approximately 7.76 acre and 12.92 acre parcels. The impact of the property split and the proximity of the future roadway to the site create an opportunity for viable commercial uses in this location. Providing for commercial uses in this location will allow the expansion of the existing commercial node at the intersection of Congress and Northlake. The requested commercial use is more appropriate for the subject site because it will allow the existing development pattern of the Congress Avenue, Northlake Boulevard and Alternate AlA corridors to be enhanced and expanded. The subject site has future land use and zoning designation of Residential Medium. Currently vacant, the site operated for several decades as a non-conforming use as a mobile home park. Adjacent Property Analysis Existing Use Future Land Use Zoning designation Plan designation Subject Site Vacant Residential Medium Residential Medium (former non- (RM) (RM) conforming mobile home park) North City—owned Public (P) Public/Institutional vacant property (P/I) Seacoast Utility Palm Beach County Palm Beach County — Authority —Transportation Public Ownership Richard Road and Utilities (U/T) (PO) water treatment plant East Hilltop Park Palm Beach County Palm Beach County — MHP —High Residential- Residential High (now - a non- 12 (HR-12) under new regulations conforming operating as mobile home Residential Medium. G:Vobs\Hilltop Gardens MHP\Application Info\Engineering Rxsponse Ltr.doc parkin Palm Beach County South Various Commercial General Commercial-1 commercial (CG-1) properties, i.e. Pep Boys, Applebees, Walgreens and PoloTropical, in City West Commercial Mixed Use(MXD) PUD (MXD) (across C-17 Center canal) Recreation and Public/Institutional Lake Catherine Open Space (ROS) (P/I) Sportsplex Public Public/Institutional Howell L. (P/1) Watkins Middle School As discussed earlier, a Commercial designation for the subject site is appropriate and would enhance the existing development pattern. In addition, the use is consistent and compatible with the existing commercial uses located south of the subject site and along the Congress Avenue corridor. The requested use is also compatible with the public and utility uses located to the north and west of the subject site. Immediately to the east of the subject site is the Hilltop Park Mobile Home Park, which is a non-conforming use within Palm Beach County. Hilltop Park is within the Village of North Palm Beach's Potential Annexation Area. In total, there are approximately 40 acres of underutilized residential land in this general area,which will also be impacted by the future Congress Avenue extension. This pocket of County land is also impacted by the Florida East Coast railway to the east and the adjacent Commercial and Industrial uses making Commercial or Industrial uses more appropriate for the site in the future. 4. A statement of justification or reason for the proposed land use amendment, which is based on the physical characteristics of the site, the impact on public facilities and services, and the policies of the City. As described above, the subject site is located at the current northern terminus of Congress Avenue. Congress Avenue is planned as a divided four-lane collector roadway by the County and City to be extended through the subject site to connect to the Richard Road crossing of the Florida East Coast Railway. This roadway extension will bisect the subject site and greatly impact the viability of any future residential on the property. In addition, the subject site is located between existing commercial uses to the south (including a parcel which was recently converted from Residential Medium to Commercial future land use designation by the City) and the existing water treatment plant located to the north. As indicated in the analysis below, the requested amendment will not adversely impact any public facilities or G:Uobs\Hilltop Gardens MHP\Application Info\Engineering Igsponse Ltr.doc services. 5. A description of the ability of and demand on public facilities, indicating the proposal's impact on established level of service standards: traffic circulation, sanitary sewer, potable water, solid waste, drainage,recreation and open space. (NOTE: The most dense or intensive use allowed under the land use category should be analyzed for its impact on facilities and services.) The availability of and demand on public facilities has been analyzed based on the "maximum allowable development" as referenced in question number 3.b) above. Traffic Circulation: Traffic circulation has been analyzed by Pinder Troutman Consulting, Inc. A copy of this analysis is attached. No revision to the Comprehensive Plan's Transportation Element is required with this requested Future Land Use Plan amendment. Sanitary Sewer: Sanitary sewer services will be provided to the site by the Seacoast Utility Authority. Please see the attached letter from Dee Giles at Seacoast Utility Authority. No revision to the Comprehensive Plan's Sanitary Sewer sub-element is required with this requested Future Land Use Plan amendment. For the estimate for the potential impact of the "maximum allowable density," the analysis uses the site acreage, minus the future Congress Avenue right-of-way. The City's Comprehensive Plan provides for the following standards: Sanitary Sewer-LOS (107 gallons per day per capita) Existing Land Use Designation—Residential Medium (RM) 52,553 gallons per day based on the maximum of 209 dwelling units (209 dwelling units x 2.35 persons per unit x 107 gallons per day per capita) Proposed Land Use Designation — Commercial(C) 141,257 gallons per day based on the maximum of 1,412,572 square feet of commercial areas (1,412,572 square feet x 0.1 gallon per square foot for commercial building per Health Department standards for non-residential water and sewer flows) Potable Water: Potable water services will be provided to the site by the Seacoast Utility Authority. Please see the attached letter from Dee Giles at Seacoast Utility Authority. No revision to the Comprehensive Plan's Potable Water sub-element is required with this requested Future Land Use Plan amendment. For the estimate for the potential impact of the "maximum allowable density," the analysis uses the site acreage, minus the future Congress Avenue right-of-way. The City's Comprehensive Plan provides for the following standards: Potable Water -LOS (191 gallons per day per capita) G:\Jobs\Hilltop Gardens MHP\Application Info\Engineering Ntsponse Ltr.doc Existing Land Use Designation—Residential Medium (RM) 93,809 gallons per day based on the maximum of 209 dwelling units (209 dwelling units x 2.35 persons per unit x 191 gallons per day per capita) Proposed Land Use Designation—Commercial(C) 141,257 gallons per day based on the maximum of 1,412,572 square feet of commercial areas (1,412,572 square feet x 0.1 gallon per square foot for commercial building per Health Department standards for non-residential water and sewer flows) Drainage: Drainage has been analyzed by Michael A. Schorah and Associates. A copy of this analysis is attached. No revision to the Comprehensive Plan's Stormwater Management sub-element is required with this requested Future Land Use Plan amendment. The City's Comprehensive Plan provides for the following standard: Drainage LOS- Comprehensive Plan -3-day/25-year storm The subject site will meet the development standard of a 3-day/25-year storm event. Solid Waste: Solid waste collection will be provided by Solid Waste Authority. A copy of a letter indicating their ability to service this site is attached. No revision to the Comprehensive Plan's Solid Waste sub-element is required with this requested Future Land Use Plan amendment. Solid Waste - LOS NOTE: COMPREHENSIVE PLAN assumes 7.13 lbs. Per day per capita Existing Land Use Designation—Residential Medium (RM) 3,501 pounds per day based on the maximum of 209 dwelling units (209 dwelling units x 2.35 persons per unit x 7.13 pounds per day per capita) Proposed Land Use Designation — Commercial(C) 27,593 pounds per day based on the maximum of 1,412,572 square feet of commercial areas (1,412,572 square feet x 7.13 lbs/s.f./year solid waste generation rate estimate) Recreation and Open Space: The City's Comprehensive Plan provides for the following standards: Recreation and Open Space LOS - 3.7 acres of improvement parks per 1000 permanent residents Existing Land Use Designation —Residential Medium (RM) G:Vobs\Hilltop Gardens MHP\Application Info\Engineering Iitsponse Ltr.doc 1.81 acres needed to meet the City's Level of Service of 3.7 acres per 1000 residents for the estimated 2.35 persons per unit per 209 dwelling units. Proposed Future Land Use Designation—Commercial(C) There is no Parks and Recreation requirement for non-residential properties. 6. Analysis of the character of any vacant lands in order to determine suitability of use, including: Soils: According to the City's Comprehensive Plan, the site includes Waveland-Pomello- Myakka-Immokalee and Zolfo-Taveres-Paola soils. Topography,including flood prone areas: The topography of the site is identified on the project survey. The site is in Flood Zone "C" as shown on FIRM Community Panel 120192 0130. Natural Resources: There are no known natural resources on the subject property. Historic Resources: There are no known historic resources on the subject property. 7. Analysis of the relationship of the amendment to the population projections: • Population projections (indicated year) • Relationship of amendment to analysis (including in the Rule 9J-5.006(2)(c)) of the amount of land needed to accommodate the projected population • Revised population projections (if applicable) The Bureau of Economic and Business Research at the University of Florida estimated that the City's population in 2007 was 49,724. The City's Comprehensive Plan estimates the population in 2010 will be 52,565. In 2015, the City estimates its population to be 61,076. With the maximum allowable development allowed under the existing Future Land Use Plan designation of Residential Medium, the subject site is estimated to could have housed 491 persons (144 dwelling units x 2.35 persons per unit). As noted earlier, the subject site is currently vacant and it has been many years since the former mobile home park operated at full capacity. With the requested Future Land Use Plan amendment of Commercial for the subject site, there would be no increase in the City's population. As such,no revisions to the City's population projections are warranted. 8. Whether the development (if it provides housing) is proposed to meet the housing needs of the anticipated populations. G:\Jobs\Hilltop Gardens MHP\Application Info\Engineering 11.4sponse Ltr.doc Not applicable as no new housing is proposed within the re-designation. 9. Hurricane evacuation re-analysis based on the proposed amendment, considering the number of persons requiring evacuation, availability of hurricane shelter spaces, and evacuation routes and times. • The western portion of the site is located within Evacuation Zone B within the Category 5 Hurricane evacuation area as described within the Coastal Management Element of the Comprehensive Plan. With this request, no housing will be permitted and no evacuations would be required. 10. Whether the proposed amendment affects beach accessibility. The proposed amendment will not affect beach accessibility. 11. Whether the site contains habitat for species listed by federal, state or local agencies as endangered, threatened or species of special concern. (Identify the species and show the habitat location of a map). The site does not contain any habitat for species listed by federal, state or local agencies. 12. Whether the proposed amendment affects adjacent local governments. The subject site is directly adjacent to unincorporated Palm Beach County along its eastern boundary. Because of this neighboring jurisdiction, Palm Beach County will have the opportunity through the City's Comprehensive Plan intergovernmental standards to review this Future Land Use Plan amendment. 13. Whether the amendment is based on the annual monitoring and review of the Capital Improvement Element. The proposed amendment is not based on the annual monitoring and review of the Capital Improvements Element 14. Capital Improvements re-analysis, if the amendment relates to the schedule of capital improvements, including: Public facility needs, as identified in he other plan elements, and relative priority of needs. Ability to finance the proposed capital improvements, including forecasting of revenues and expenditures, and projections of debt service obligations, tax bases, assessment ratio, millage rate, other revenue sources, operating cost considerations and debt capacity. The proposed amendment does not relate to the schedule of capital improvements. 15. If the proposal is for commercial, industrial or mixed-use land use, a market study G:Uobs\Hilltop Gardens MHP\Application Info'Engineering I Mponse Ltr.doc demonstrating the economic feasibility of the development and the locational advantage over existing non-residential lands is required consistent with Policy 1.1.6.2. (NOTE: See Policy 1.1.6.4 also) A market study analyzing the economic feasibility of the subject site and requested use is attached for your review. 16. Information regarding the compatibility of the proposed land use amendment with the future land use element goals, objectives and policies, and those of other affected elements. (NOTE: This should include a list of all goals, objectives and policies which are consistent with and furthered by this proposed amendment.) All the goals, objectives and policies which are consistent with and furthered by the proposed amendment are listed below. Goals, objectives or policies are not listed if they do not apply to the plan amendment, e.g. where time certain action was required by the City. CONSISTENCY WITH LOCAL COMPREHENSIVE PLAN CITY OF PALM BEACH GARDENS COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 1.1, Objective 1.1.3, Policies 1.1.3.1 through 1.1.3.7 require maintenance, where necessary, of the City's land development regulations in order to implement the Comprehensive Plan. The project will be designed to comply with the City's adopted land development regulations. Goal 1.2, Objectives 1.2.1. and 1.2.2., Policies 1.2.1.1 through 1.2.1.7. and Policies 1.2.2.1. through 1.2.2.2. require development and redevelopment permits to be issued only in suitable areas including where topography and soil conditions exist to support such development. The subject site is located within the City's Urban Growth Boundary. In addition, site soils and the topography are capable of supporting the requested land use. Objective 1.2.3., Policies 1.2.3.1. through 1.2.3.2. require that adequate public facilities are available to service the proposed development. As indicated in this report, adequate public facilities and services are available to serve this development. When a development program is proposed for this subject site, the applicant will need to apply for and receive concurrency, in accordance with the City's Land Development Regulations. Goal 1.2, Objective 1.2.4., Policies 1.2.4.5. through 1.2.9.6. require future growth to be directed to areas as depicted on the Future Land Use map, consistent with sound G:\Jobs\Hilltop Gardens MHP\Application Info\Engineering IQsponse Ltr.doc planning principals, natural limitations, the Comprehensive Plan, and desired community character. The subject site is located within the City's Urban Growth Boundary, where development activity is directed within the City. As described in this report, the request for a Commercial Future Land Use designation is appropriate as the property, which is a former non-conforming mobile home park, will be greatly impacted by the future extension of Congress Avenue through the property. The requested changes is consistent with the existing land use pattern along the Congress Avenue corridor. Objective 1.1.4. and Policy 1.1.4.1. require the maintenance of land development regulations containing standards and provisions to encourage the elimination or reduction of uses inconsistent with the City's character and future land uses. As stated earlier, the subject site was a former mobile home park, which is a non- conforming use with the current Residential Medium (RM) future land use plan designation. The site is now vacant. The requested change of land use will eliminate this former non-conformity and allow for the requested land use which is more consistent with the surrounding land use patterns. Goal 1.3., Objective 1.3.1. and Policy 1.3.1.1. encourages economic development within the City and requires a market study for future land use plan amendments to commercial or industrial designations. As discussed above, the subject site is an appropriate location for a Commercial Future Land Use Plan designation. As opposed to the site's current conditions, as a vacant, former non-conforming mobile home park, the requested designation will expand the City's tax base and promote economic development within the community. The required market report is attached for your review. TRAFFIC CIRCULATION ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 2.1, Objective 2.1.1, Policy 2.1.1.5. require the City to review all proposed developments for consistency with the Goals, Objectives and Policies of this plan, including consistency with the traffic circulation plans and the level of service standards. The impact of traffic generated by a proposed project on the roadway network within and serving the City shall be measured based on project build out by phases and on the radius of development influence. With the requested re-designation and eventual redevelopment of the subject site, the Congress Avenue will be extended past its current northern terminus just north of Northlake Boulevard and connect to Alternate AlA. This roadway extension is identified on the City's Conceptual Thoroughfare Plan and Palm Beach County's Thoroughfare Right-of-Way Identification Map. Also, attached for your review is a traffic impact analysis prepared by Pinder Troutman Consulting, Inc. The report analyzes the impact that the maximum G:Vobs\Hilltop Gardens MHP\Application Info\Engineering 1eisponse Ltr.doc allowable development for the site would have on the surrounding roadways. In addition, the report also indicates that up to 250,000 square feet of commercial space on the site would meet all future traffic concurrency requirements. • HOUSING ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 3.1, Objectives 3.1.1. and 3.1.2., Policies 3.1.1.1 through 3.1.1.5. and Policies 3.1.2.1.thorugh 3.1.2.4. require the City to promote sustainable and energy-efficient housing and to assist the private sector in meeting the housing needs of the anticipated populations of the City by encouraging a variety of housing types, costs and sizes. No housing is proposed with this request. The former use on the site was a non- conforming mobile home park on the site. The requested designation is a more appropriate land use for the site because of the surrounding development pattern (see attached maps) the future extension of Congress Avenue. INFRASTRUCTURE ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 4.A.1, Objective 4.A.1.1, Policies 4.A.1.1 through 4.A.1.1.5 requires all submittals for development to obtain a statement of available capacity from Seacoast Utility Authority prior to site plan approval. The issuance of building permits will require an executed developer agreement with Seacoast Utility Authority and a certificate of occupancy will not be issued prior to acceptance by Seacoast Utility Authority of the sanitary sewer facilities which service the buildings. This project will obtain the appropriate approvals from Seacoast Utility Authority for sanitary sewer service at the prescribed time during the review process. Please refer to enclosed letter provided by Seacoast Utility Authority relating to the availability of sanitary sewer services. Goal 4.B.1. and Objective 4.B.1.1. requires the provision of access to solid waste disposal facilities. The applicant has been in contact with the Solid Waste Authority and capacity is available to service this project. Please refer to the enclosed letter from the Solid Waste Authority. Goal 4.C.1.and Objective 4.C.1.1. requires the provision of a city-wide drainage and stormwater management system. Drainage on the site will conform with all City and applicable drainage requirements. Please see the attached drainage statement from Michael A. Schorah and Associates,Inc. Goal 4.D.1, Objective 4.D.1.1, Policy 4.D.1.1.6 states "The City shall not approve development permits, which approved, would cause potable water facilities servicing the City to operate at levels below the levels of service standards established in Policies 4.D.1.1.1 through 4.D.1.1.5." G:Vobs\Hilltop Gardens MHP\Application Info\Engineering 11.6sponse Ltr.doc This project will obtain the appropriate approvals from Seacoast Utility Authority • for potable water service at the prescribed time during the review process. Please refer to the enclosed letter provided by Seacoast Utility Authority relating to potable water. Goal 4.D.1, Objective 4.D.1.5, Policies 4.D.1.5.1 through 4.D.1.5.3 require all submittals for development to obtain a statement of available capacity from Seacoast Utility Authority prior to site plan approval, an executed agreement for service prior to issuance of a building permit, and written acceptance of water facilities prior to issuance of a Certificate of Occupancy. The applicant acknowledges these regulatory sign-offs are required during the review process and will comply at the appropriate time. Goal 9.D.2, Objective 4.D.2.1, Policies 4.D.2.1.1 and 4.D.2.1.2 require water conserving plumbing fixtures in new construction and discourage the use of potable water for irrigation in new developments. The petitioner will demonstrate compliance with these requirements during the building permit process. COASTAL MANAGEMENT ELEMENT: Goal 5.2, Objective 5.2.1., Policies 5.2.1.3. and 5.2.1.4. require that the City review, and revise, where necessary, land development regulations in order to ensure that building and development activities are carried out in a way to protect life and property from hurricanes and floods. The subject project is designed and will be maintained in compliance with the City's adopted land development regulations. Please note that the subject site is not located within the identified coastal area of the City. CONSERVATION ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 6.1., Objectives 6.1.1, 6.1.2, 6.1.3, and 6.1.4. specify the maintenance of the City's land development regulations to ensure that all ecological communities, wildlife and marine life especially endangered and rare species, are identified, managed and protected. As this is a redevelopment site, there are no ecological communities located on the subject property. RECREATION AND OPEN SPACE ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 7.1, Objective 7.1.3 The City shall provide vehicular and pedestrian access to all public, active, recreational facilities, including barrier free design features at entrance G:Vobs\Hilltop Gardens MHP\Application Info\Engineering I1.0ponse Ltr.doc points to the facility such as buildings used for group assembly, spectator seating areas, and restrooms. The subject site will connect to the City's public sidewalk system. As no housing is proposed with this request, there will be no additional impact on the City's recreation system associated with this request. INTERGOVERNMENTAL COORDINATION ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 8.1, Objective 8.1.1, Policy 8.1.1.3 requires that the City notify Palm Beach County and surrounding municipalities in writing (prior to the application being considered by the City's Planning and Zoning Commission) of all development applications received by the City requiring a Development Review Committee meeting. The subject property is adjacent to unincorporated Palm Beach County. Palm Beach County and other jurisdictions will be notified of this amendment request and have the opportunity to comment through the IPARC process. CAPITAL IMPROVEMENTS ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 9.1, Objective 9.1.1, Policies 9.1.1.1 throuRh 9.1.1.3 require the City to use its Capital Improvements Element to ensure construction of capital facilities in a timely manner in order to meet the public safety needs of the residents, maximize the use of existing facilities and promote orderly, compact development The proposed re-designation furthers the City's actions as the site is an infill site and it will utilize existing facilities. It should also be noted that the site is located within the City's Urban Growth Boundary. Goal 9.1, Objective 9.1.4, Policies 9.1.4.1 throuRh 9.1.4.7 define the City's Level of Service (LOS) Standards and how those standards will be applied. This project will comply with the City's adequate public facilities ordinance to ensure that at the time a development order or permit is issued, sufficient facility capacity is available or will be available concurrent with the impacts of the development. • PUBLIC SAFETY ELEMENT GOALS, OBJECTIVES AND POLICIES: Goal 10.1, Objectives 10.1.1., and 10.1.2. state that the City shall continue to provide adequate facilities to ensure the provision of an effective public safety program, that the City shall develop alternative funding methods to ensure that new development pay its proportionate share of the cost of providing public safety facilities, equipment, etc., and that the City prefers the use of police and fire impact fees as a method to more equitably distribute the cost for public safety services. G:\Jobs\Hilltop Gardens MHP\Application Info\Engineering IMponse Ltr.doc The development shall pay its fair share impact fee for police and fire protection as specified in the City's land development regulations. ECONOMIC DEVELOPMENT ELEMENT: Goal 13.1.and Objective 13.1.1. states that the City shall work to achieve a sustainable economic development through a balanced and diversified economy. As indicated in this report, the request designation will bring additional tax revenues and economic development to a vacant, non-conforming, underperforming site. 17. A description of the effect of the Comprehensive Plan elements, indicating specific changes or modifications that will be needed for internal consistency. The map change requested will not require any text changes to the Comprehensive Plan elements. 18. Copies of prior development approvals, including development order conditions. There is no prior development approvals for this site. 19. elationship of the proposal to the Evaluation and Appraisal Report, if applicable. There is no relationship between the proposed development and the EAR. 20. A listing entitled "Consistency of the Local Comprehensive Plan with the State Comprehensive Plan"prepared pursuant to Rule 9J-5.021(4), F.A.C. Not applicable. MISCELLANEOUS 1. b) Two copies of a certified legal survey made by a surveyor registered in the State of Florida and drawn to scale appropriate to the size of the subject property, including an accurate legal description and computation of the total area of the subject property, computed in square footage and to the nearest one-tenth (1/10th) of an acre. Nine copies of certified legal surveys are attached. 2. A statement of the applicant's interest in the property to have a land use amendment, including a copy of the last recorded Warranty Deed: c) If a corporation or other business entity, the name of the officer or person responsible for the application and written proof that said representative has the delegated authority to represent the corporation or other business entity and that he/she in fact an officer of the corporation or other business entity. G:\Jobs\Hilltop Gardens MHP\Application Info\Engineering IMponse Ltr.doc Attached is an agent's authorization form from Michael Debock, vice president of Standard Pacific Homes and Hilltop Residential Ltd., the owner and applicant. Also attached is a copy of the latest Title Certification information. 3. Certified list of all property owners, mailing address and legal description of all property within 300 feet of the subject parcel, as recorded in the latest official tax roll in the County Courthouse, accompanied by a Notarized Affidavit that to the best of the applicant's knowledge, said list is complete and accurate. If the applicant is required to notify property owners, the applicant will be responsible for notification and must coordinate with the City Clerk's office. A certified list of all Property Owner's within 500 feet of the subject parcel, and a notarized affidavit will be provided to you under separate cover. 4. Stake or flag the parcel requested for a land use plan amendment revealing its exact location and boundaries. This is required to be installed at the time of application submittal. The subject site will be staked prior to the Public Hearing. 5. A Title Certification or an updated Title Policy by an attorney, current within thirty (30) days of the application submittal date. Attached please find a copy of an updated Certificate of Title. 6. Place a 3' X 3' sign on the property, readily visible to vehicular and pedestrian traffic, stating "THIS SITE IS BEING CONSIDERED FOR AN ANNEXATION AND LAND USE PLAN AMENDMENT - CITY OF PALM BEACH GARDENS." This sign is to be removed from the site within ten (10)days after final action of the City Council. Such a sign shall be placed on the site prior to a Public Hearing and consideration by the City's Planning and Zoning Commission at the direction of the City's Growth Management Department. G:Vobs\Hilltop Gardens MHP\Application Info\Engineering lI sponse Ltr.doc G:\Jobs\Hilltop Gardens MHP\Application Info\FLUM Sufficiency Response Ltr.doc Seacoast Utility Authori Wing Adams: 41101 111 P.O.Box 109602 Palm Beach 9 0 602 Gard Florida 3341 3341 2 EXECUTIVE OFFICE March 18,2009 FAX 366-1100 Mr.Marty Minor Urban Design Kilday Studios 477 So.Rosemary Avenue West Palm Beach FL 33401 Re:Hilltop Gardens MB? Dear Mr.Minor: This letter is in response to your recently submitted property questionnaire requesting service availability information for the proposed commercial space of a maximum of 630,666 square feet. The calculations are based on the information in your property questionnaire and are subject to change if plans indicate otherwise:i.e.medical buildings,restaurants,beauty salons,etc. The referenced project lies within the water and sewer service area of Seacoast Utility Authority. This will confirm the current status of water and wastewater capacity and commitments for Seacoast Utility Authority(Million Gallons Per Day): Capacity Committed and This Balance In Use Project Balance Water 19.70 17.050 .080 2.570 Sewer 12.00 7.586 .063 4.351 Please note that this statement reflects conditions as of this date; no guarantee of capacity availability in the future is expressed or implied, and no capacity has been reserved for the referenced project. Connection Fees: 630,600 sf x .1 gpd=63,066.60 gpd-275 =229.333 ERCs x $2,700.00 = $619,199.10_ 50%of the connection fees are due at the time of signing the Developer Agreement. The remaining connection fees are due when the meter/meters are requested. Administration Fees: The administrative fee is 4% of the connection fees ($619,199.10 x .04=$24,767.96)and is due at the time preliminary plans are submitted for review. 4200 Hood Road, Palm Beach Gardens,Florida 33410-2196 Phone: Customer Service(561) 627-2920 / Executive Office (561) 627-2900 / FAX(561) 624-2839 www.sua.com : . Mr.Marty Minor March 18,2009 Page 2 Capacity Reservation: 229.333 ERCs x $386.88= $88,724.35. 100% of the capacity reservation fee is due at the time of signing the Developer's Agreement and annually thereafter until the meter/meters are set. A pre-engineering meeting is required to be held for this project.Please contact John Callaghan at extension 413 at this office to set up this meeting to discuss the water and sewer requirements. We encourage the project owner, architect, engineer and all other interested parties to be present at this meeting as well. Should you have any questions,please feel free to cal me at extension 305. Sincerely, SEACOAST UTILITY AUTHORITY olfell} 4 Dee Giles Developer Agreement Coordinator cc: Michael Debock Bruce Gregg Jim Lance John Callaghan • January 9,2009 = _ _ SOLID WASIE AUIH0R111 YOUR PARTNER FOR SOLID WASTE SOLUTIONS Mark Hammond Executive Director Solid Waste Authority 7501 N. Jog Road West Palm Beach,FL 33412 Subject: Availability of Solid Waste Disposal Capacity Dear Mr.Hammond: The Solid Waste Authority of Palm Beach County hereby provides certification that the Authority has disposal capacity available to accommodate the solid waste generation for the municipalities and unincorporated county for the coming year of 2009. This letter also constitutes notification of sufficient capacity for concurrency management and comprehensive planning purposes. Capacity is available for both the coming year, and the five and ten year planning periods specified in 9J-5.005(4). As of September30,2008,the Authority's North County Landfills had an estimated 33,115,331 cubic yards of landfill capacity remaining. Based upon the existing Palm Beach County population,the most recently available population growth rates published by the University of Florida Bureau of Economic and Business and Research(BEBR),medium projection,and projected rates of solid waste generation,waste reduction and recycling, the Solid Waste Authority forecasts that capacity will be available at the existing landfill through approximately the year 2024, assuming the depletion of the Class I and Class III landfills is approximately balanced. The Board of the Solid Waste Authority authorized the initial design and permitting efforts to develop a new landfill and waste-to-energy facility for the Authority. The capacity of these new facilities will extend the life of the solid waste system well beyond the year 2065. The Authority continues to pursue options to increase the life of its existing facilities and to provide for all the County's current and future disposal and recycling needs. As part of its responsibility,the Authority will provide an annual statement of disposal capacity,using the most current BEBR projections available. Please provide copies of this Ietter to your plan review and concurrency management staff. If you have any questions or J can be of further assistance,please do not hesitate to contact me. Very truly yours, Marc .Bruner,Ph.D. Chief Administrative Officer a 110 7501 North Jog Road.West Palm Beach, Florida 33412 (561)640-4000 FAX(561) 640-3400 rax,tko r.,,.. V e, o*° )0-- = g 4 eD © 4 mi i o.. f f4 = C ...10,1A•1 4'' •• (44 E 4 4400411/4, - t I 4,N 44 CD • ,,..,01 -0... „ro!, .o... *or 1010 rir•vo-■ ',406• •,A ..riP V. . , 01 z. f:;,' .. 144-...i7.4 •*-4.4.■4..° a "P .0 c i or • .1. •• 0..,...x.u....- ,..-,... „.. , . „. . .„4..••, ,- . 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Cll. 3"D,D"ED "" LDS CONGRESS AYE, - NORTHLAKE BLVD, TO ALTERNATE A-1-A -WATER PLANT.ELL _VACANT LAND ERIlT.R;f LINE YDS"MOVES ID.NEDI II.SARINI EASEMENT lME CORRIDOR MAP • ALIGNMENT 1A 8 2A SOUTH HOUSES ,,a;,�; 110' 8 80' RIGHT OF WAY n"NSMESIE9 r N II HILLTOP GARDENS MHP BOUNDARY SURVEY LAND DESCRIPTION SITE PARCEL 1: A parcel of lend situated A Section 18 Township 42 South,Range 43 East,Within the municipal limits of the CH of Palm Beach Gardens,Palm Beach County,Florida,and being Y° Y 9 more particularly described m follows: G Cmenen:Yq at the Southeast earner of said Section 18:Thence North 01 degree 35 minutes 11 seconds East Bang the East Tine of Section 18,(the East IMe of the Soutneost Quarter(SE 1()of sold Section 18 is assumed II �A ,L.e4R,y to bear North 01 degree 35 minutes.11 seconds East and all other bearings referenced herein are relative / 9440 thereto),a distend of 467.00 feet to a point in the North line of the South 467.00 feet of add section,said `� point also berg the Point of Beginning of the herein deserted parcel;Thence continue North 01 degree 35 /�/ v minutes 11 seconds Emit,along mid East ling a dlatonce of 866.86 feet to a point on the North line of the South half(S'h)erg the Southeast Quarter(SE 1{)of said Section 18; Thence North 88 degrees 33 minutes 12 of seconds West,Bong sold North line,a distance of 663.32 feet to the Southwest comer of the Southeast Quarter rA NORTHLAKE BOULEVARD (SE)O of the Northeast Ourter(NE Si)of the Southeast Quarter(SE M)of said Section 18:Thence North 01 degree 36 minutes 03 seconds East along the West line of the Southeast Quarter(SE 2 of the Nthe Northwest �� Quarter(NE 3t)of the Southeast Quarter(SE K)of said Section 18,a distance of 666.27 feet to the Northwest corner thSW Thence North 88 degrees 36 minutes 37 seconds West,along the North line of the Southwest U a x INDEX Quarter(SW X)of the Northeast Quarter(NE!L)of the Southeast Quarter(SE Ire of said Section 18,a distance jn of 113.83 feet to the East Right of way line of the South Florida Water Management District's C-17 canal; tins 1 _ Thence South 12 degrees 26 at the 29 seconds West of along said said sand Right of ray,a distance of IS]}.78 het a to a point on the North Fine of the South 453.00 feet of mid Section;Thence South 88 degrees 26 minutes 21 AVE. seconds East along said North line,departing from said canal Right of way,a distance of 973.35 feet to a point o I COVER SHEET AND NOTES East line of 35 minutes 11 accconds East Westerly of and a distance ofe14.00 feet to a said pont Section the North Thence North the/degree 2 BOUNDARY SURVEY 467.00 feet of said Section;Thence south BB degrees 26 minutes 21 seconds East along sold line,a distance of 100.00 feet to the Paint of Beginning of the herein descried Parcel. PARCEL 2 A parcel of land situated in Section 18,Tovmshp 42 South,Range 43 East;Within the municipal limits of the LOCATION M A P City of Palm Beach Gardens,Perim Beach County,Florida,and being more particularly described as fdlaws: N.I S The South 147.58 feet of the West 14].58 feet of the Southeast Quarter(SE 10 of the Northeast Quarter(NE u) SEC. 'S, TAT. 42 S, RNG. 43 E of the Southeast Quarter(SE)0 of said Section 18. Sold lands situate,lying and being in Palm Beach County,Florida and containing 1,008,980 Square Feet(23.163 Acres),more or less SURVEYORS NOTES: WON NDE/.SENT FEE x0.1500155-001 EFFECTIVE DATE s4Plsnsr REVIEW a 004 AT Oro A6161.16 f T OPINION OF TIES OFFICE TO THE BEST r O/ME .4RVEYLNt 36 1.Not solid without the signature and original raised seal of a Florida Licensed EASEMENTS CONTAINED WITHIN 500 coNMm r ARE wrNTSEO OR NOTED Surveyor and Mapper. HEREON As FOLLOWS: 2.Lands shown hereon w not obslracled,by the Surveyor. RIGHT OF NAT EASEMENT essence 0 n TO SOUTHERN BELL es B.fur.PACE 5517 116 WET xm MC Rmgn TIE W.u^M AND RASED SEW Or M 5A5flaa 1me➢u. y yor,for rights—of—way, easements ownership or other instruments of record. r rTEREaie To couxr ELSORENNATION OF 3.Unless otherwise noted,this firm has not attempted to locate underground or PALM BEACH.aaSgA Y°F Ong.10454.PAGE Brr sob—eurfoce utiitiea,footings and/or foundations. EASEMENT AGREEMENT M FAeev:RrpALM BEACH unLirE6 DAD.saes,PAGE lses i ME r L.6 etc aPN ! 4.The land desorption shown hereon won provided by the client MIENS MC.•FLORIDA Ogg usl Pest us SISSEMOIAL Mot 9,NO S WPM 4 5.Bearings Shown Hereon are Assumed to the East Line of Section 18,Township conroxAil°x,ST ASSIGNMENT ,q yaq� Q 42 South,Range 43 East and Having a Bearing of NO175'11"E(0)N01'35'37"E ustnY EASEMENT GRANTED To SEACOAST/MLITT Aur1Ommr 0.0 5015 PAGE nse r MOUE (C),and dl other Ber6lgs Mown are rdalloe thereto. UTILITY EASEMENT saostoO To eeocouST urtlrr AUTHORITY aRe.5475.PAGE ter I B.Access easement contains self termination due to Congress Avenue EASEMENT DEED GRANTED TO SEACOAST UTILITY AuTHOei construction. Congress Avenue is constructed and provides access as of date T Ong.WIRE PAGE 358 ORB.10260,or this survey. xo TEMPORARY GRrACTr TO PANEL E GRANTED a7.MENDED w.NT O.R.B.MSS,PAGE as. MICHAEL B.SCHORAH r. 7.Coordinates Mown mercer reference North American Datum(0.4.0.)1983 THE Mmr:mUNER WHICH WERE ASSIGNED TO oLETOP GARDEN.. &ASSOCIATES,INC. —�; B (1990 adjustment),Florida East Zone and projected in state Plane as published LOOTER LDElAes.rro Cow.,.BY ASSIGNMENT by the Palm Beach County Survey Oeprtment. Ac EASEMENT era M>s °''" ( I� W6Tl'P 6 AI.i.PEeMm 1].m ` JOB NO.1268 SHEET NO.I OF 2 / 1 GRAPHIC SCALE irjL)•ji ,k ( 1,_LOCATI Z i' >a WEST TOWN SITE TO THE _ - U ' LANDS OF PROSPERITY FARMS CO - i t ' - f ° R o p L Oj R { . _ xcral ixz l `wTZC'PI \__ T ' ' 0.1 H�°' a 6• M7 YM Mi3Y PI q HIGH POINT DRIVE _ ICgi(( ss4t i ° _ ho/EU \ , Asa Tice t)..41;., a L d E IP7 O$ .w I V®i AC m cYLxn .. .. PARK LANE(P) — . _. 4 —\° N'\\ - ` \ . 2, 41 `R IEV•1 a '--__ \ t,I i—N��r — — - r \ 1 ��'� ..Poll at �.i. �� :o )= ml to • Er 1.. S RIM two>,r R w CUTOUT M �"aiZ1l— y ' T.• .o�ltNnl•astze ao 1. te Q. x:i � ARICOP ui 11.., m F mama S°I° III r —1 f v— '.W. " sy 9M9r e3 ni G�DN'w a''�`'...:1 F° °ovi E..1 N\ — Nm IIII _ RT.AD AuT I A S E:T " m ®~u n '2YE(m �ATIE` I I I r wnN,Sxoe'w "I I " No ° 'Ll•E I 111 —I 'I �I itiig mmzm° CL i 1 . 3 kg I I I 2 n f „..P..c, I ° (NOT INCLUDED) ADJACENT INCLUDED/ °I • I :II \ NORTHLAKE/CONGRESS _al OD W IJ I I I COMMERCIAL CENTER Z (NOT INCLUDED) ell I I I P.B.90.PG. 122.P, of‘:J.1 W CC cn B.C.R. S c°: "i io IIII I I; .L I k=J_ —il <I' O 111 III "N O:.So �•—^llf I a r Nor 37•37•E III LOCATED AS PER I I -1 II c 1a7.GN(YI llh I NOT REQUEST"S III :_° o 117.8.DT) I PARCEL I I CL Z Fxo 3,.... NOM3Y9•E • AL HILLTOP GARDENS I ,,¢- 1 LU i°V, 0 III s LPSSS 1.006.960 SOFT. 1 •II a I — — f-_-2---------1_—, I ~ m M66'29'36 _. PARCEL J III °.:Vag. 11 23.163 ACRES u sla Lscs` ' I J• 147.33'1:7)--, u _`JII F I I _J 0 .a.-0" REC b f•iFJPE sE Vi OF 5 sE V1°IOF 9E I I •� ° _ 316.69'HOP36'OS'E(DI -1.; ��/ III I I • CONGRESS AVENUE E 1?,s u TxE 916.79'(M) NDI.37'33•E Z III I I I I ' (NOT INCLUDED) .., i it I%i aE ".°E aO`.".4::° Rut? NR"° ,, hl S.CORNER " ll_ I" ..F I °: _ 5.AE TEL I —2-11-- __ .aTESE�, zEl8R 3G•:•. -1 .„"ut.„.,III I µ�a` 5P,,,' _ — I! a / 03.03'(M) 1 2'='=— _ IIf I I I 1E- Go N66.363T•'N(DI 1 N3.63' ENDrg4`wEl"Aa . � i IF I (NOT INCLUDED) '------'-'-------- -------",_----_,---/.... °E_ Wy ml ({ i m NORTHLAKE SQUARE I I I 11 r______„_4__._ Ili to P.B.76,P .160,P.B.C.R. LI I Ju �J I/ ° J.)63 urlor ".,.aaaA..«R I n �� C ..f) C28'29}i fD�M1 II° l MMO Dpi Lo giro oAJl 1 p°a. Et TED) II ��MIT II LESCREED .°TN I ORB. COVel.ROMs cow 1'.yCiR,.,WW f°°, I H RE9RR➢ FNST. EOIiD A PI.G Nou 1 _ t a cm PRI,Limeys 611111111111111111111111111111.1m ski, Row Paw Pal S ` ' S OD raw ICI MOWED I (q RESRE61 w Eo.`."c`ND°YNTN• J0 OD Kass PIC Rol RoD•u :lit: ;aFER 12 6 8 W. RONDO Rc,]F E sii939SRSO R SHEET NO. J OF 2 Hilltop Commercial Tract • • • Prepared for: Standard Pacific Homes Prepared by: Thompson Consulting, Inc. West Palm Beach, Florida (561) 659-6068 March 2009 • Table of Contents Introduction 1 SiteNicinity Analysis 2 Land Use 2 Roads/Traffic .3 Demographic Characteristics 4 Commercial Retail Analysis 7 Study Area 7 Existing Commercial Space 8 Approved/In Process Commercial Tracts (un-built) 17 Retail Demand 18 Supply/Demand Comparison 20 General Limiting Conditions 22 • • • • Introduction This report presents findings and conclusions relating to the development potential for commercial development on a tract of land located at the northern terminus of Congress Avenue, just north of Northlake Boulevard, within incorporated Palm Beach Gardens, Florida (See site location map). The commercial retail uses which ultimately locate on the subject site will cater to not only the needs of residents within the study area, but also to those already traveling on both Northlake Boulevard and Congress Avenue, once this roadway is extended. Most shopping centers tend to locate on major arterial roadways. The subject site of approximately 23.163 acres is seeking a Commercial land use designation on the Future Land Use Atlas of Palm Beach Gardens, Florida. The current land use designation is RM. The 23.163 acre site will be dedicating right-of-way for Congress Avenue. The net acreage resulting after the right-of-way is dedicated, is 20.68 acres. The maximum yield allowed with a Commercial designation is 630,660 square feet. However, the maximum, realistic yield on the site is approximately 250,000 sq. ft. Overall site visibility and access are excellent. Once Congress Avenue is extended north • of North lake Boulevard, the subject site will have approximately 925 feet of frontage along this arterial roadway. Those general factors affecting the existing and. future market which would support commercial retail development of the subject site, are examined in this study. The City of Palm Beach Gardens requires a supply/demand study when the future land use designation on a tract of land is being changed to a commercial designation from a non- commercial designation. However, the City does not provide specific guidelines relative to the format and content of the study. As such, Palm Beach County's requirements relative to the study/trade area within which an inventory of comparable supply is to be provided for commercial future land use atlas amendments, is used to form the geographic area within which the analysis of supply/demand is performed. The study area equates to a three (3) mile radius of the subject site (just north of the intersection of Northlake Boulevard and Congress Avenue extended —See study area map). • • I J _.•s I FREDERICK : Q SMALL ' Q J DONALD ROSS •..•• RD • \ ---- - - . o> o J : U, CC CD . cn Q ! t HOOD RD cc _ , • Q � ' BLVD •• / ' ....:.. r 1--- \ PGA c� �,\ R RCA B VD - _ BURNS RD v• • D • • ■ I-- 0 . �,, Site Location . , .. • o `\ BLVD L_st, Pi . © \ ;: PARK AV • • o—\ SILVERBEA H. • Q N2 RD Q•• / \ BLVD • �� ~ ' !!! .1 HERON ~� t' : c1x . N :• <tvLI • ti)• . 1-1 !.7 1 \ ��• �� - , 45TH v , - •• . • • SiteNicinity Analysis Land Use As indicated in the Introduction section of this report, the subject commercial site is located on the north side of Northlake Boulevard, at the northern terminus of Congress Avenue, within the corporate limits of Palm Beach Gardens, Florida. Surrounding land uses to the subject site include: North: City owned vacant property (P-Public land use & P/I-Public/Institutional zoning- PBG); Seacoast Utility Authority Richard Rd. water treatment plant (U/T- Utilities/Transportation land use & PO-Public Ownership zoning-PBC) South: Various commercial properties (C-Commercial land use & CG-1-General Commercial zoning-PBG) East: Hilltop Park MHP (HR-12-High Residential 12 du/ac land use & RH-Residential High zoning - operating under RM-Residential Medium-PBC) West: Commercial center(MXD land use & PUD/MXD zoning-PBG; Lake Catherine Sportsplex(ROS-Recreation & Open Space land use& Pi-Public/Institutional zoning- • PBG); Howell Watkins Middle School (P-Public land use & P/I-Public Institutional zoning — PBG) While the subject site is located in the City of Palm Beach Gardens, it is located at the southern boundary of the City's corporate limits. As such, demand/support for the commercial development built on the subject site will not be generated exclusively from residents and workers within Palm Beach Gardens proper. As referenced in the Introduction section of this report, a three (3) mile site radius is used to define the • study/trade area within which supply and demand will be examined (consistent with Palm Beach County requirements). After Congress Avenue is extended north of Northlake Boulevard, the subject site will be well-positioned to serve the area of southern Palm Beach Gardens and northern North Palm Beach, Lake Park, and unincorporated Palm Beach County. Roads/Traffic Primary access to the subject site will be via Northlake Boulevard and Congress Avenue (once it is extended north of Northlake Boulevard). After Congress Avenue is constructed, access and visibility to the site will be excellent, as both roadways are major arterials. Congress Avenue is a major north/south arterial in the County, running from Northlake Boulevard on the north (interrupted at the Palm Beach International Airport) to the Yamato Road (Boca Raton) on the south. Northlake Boulevard is a major east/west arterial in the County, running from Seminole Pratt Whitney Road on the west to U.S. Highway 1 on the east. The table below provides number of lanes and traffic count estimates for Congress Avenue and Northlake Boulevard, in the vicinity of the subject site.* Roadway Laneage Traffic Counts (AADT) Congress Avenue 4-lane divided (Northlake 23,642 • Blvd. to Silver Beach Rd.) • Northlake Boulevard 6-lane divided (1-95 to 53,168 Congress Ave.) Northlake Boulevard 6-lane divided (Congress 48,949 Ave. to S.R. 811) Source: Palm Beach County Traffic Division, 2008 AADT • • Demographic Characteristics Demographic characteristics data, as well as housing and income data related to the resident population of the primary study area (generally defined as a three/3 mile site radius) are included in Exhibit 1. A bullet comparison of those characteristics within the study area to those of Palm Beach County, is included below: • The 2009 base year population in the study area is estimated to be 108,421 residents (an increase of 8% since 2000). An estimated 122,380 residents are projected by the year 2015. By the year 2025 (projection horizon of the Palm Beach County Metropolitan Planning Organization/MPO for population by traffic analysis zone/TAZ) an estimated 134,924 residents are projected. The population increase to the year 2025 represents a 24% increase from 2009. • Within the study area, the resident population is slightly younger than that which is the case countywide, as indicated by the median age estimate (42.2 years-SA vs. 44.7-Palm Beach County). The age differential is projected to decrease by the year 2015, with the study area median to be 43.2 while the county's is to be 44.7. • 24.1% of the resident population in the study area is in the 0-19 year age group. This • is greater than that found countywide in the same age group (22.4%). In the over 65 411 year age group, the study area has a lower percentage than is the case countywide (18.5%-SA vs. 23.1%-Palm Beach County). • Within the study area, average household size is 2.39, comparable to that which is the case countywide (2.39). • These age group and household size statistics support the observation that the study area is comprised of younger, comparably sized households to that found countywide. • A smaller proportion of total households in the study area are comprised of owner- occupied units than is the case within the county as a whole (68.0%-SA vs. 77.0%- Palm Beach County). • The estimated median household income within the study area is approximately 13% lower than that found countywide ($52,243-SA vs. $59,264-Palm Beach County). Source: 2000 Censuses; ESRI, Inc.; Palm Beach County Planning Division; Palm Beach County Metropolitan Planning Organization; University of Florida Bureau of Economic and Business Research; Thompson Consulting, Inc. • • 4 3 Exhibit 1 - Summary of Demographic Characteristics (Study Area) Characteristic 2005 2009 2015 Total Persons 100,223 108,421 122,380 Average H.H. Size 2.35 2.39 2.40 . Households(%) Owner Occup. 67.0 68.0 67.0 Renter Occup. • 33.0 32.0 33.0 Age Distribution (%) 0-19 25.7 24.1 23.1 . 20-24 4.8 6.2 6.6 25-44 28.0 23.4 22.3 45-64 23.6 27.8 28.9 65+ 17.9 18.5 19.1 Median Age(Years) 39.6 42.2 43.2 • H.H Income(%) III <$24,999 29.1 22.7 18.5 $25;000-$34,999 14.1 9.7 7.8 $35,000-$49,999 15.8 ' 15.4 10.6 $50,000-$74,999 17.8 19.3 23.4 $75,000-$99,999 9.5 12.8 12.8 $100,000-$149,999 7.3 10.5 14.3 $150,000-$199,999 1.9 3.4 4.1 $200,000+ 4.5 6.2 8.5 Median H.H. Inc. ($) 40,774 52,243 63,772 Total Persons(Yr. 2010) 110,471 NA NA • Total Persons(Yr. 2020) 128,499 NA NA Total Persons (Yr. 2025) 134,924 NA NA Source:2000 Census; ESRI, Inc.; P.B. County Metropolitan Planning Organization; Palm Beach County Planning Division • 5 Exhibit 2 - Summary of Demographic Characteristics (Palm Beach County) Characteristic 2005 2009 2015 • Total Persons 1,131,184 1,326,200 1,450,560 Average H.H. Size 2.34 2.39 2.40 Households(%) Owner Occup. 75.0 77.0 76.0 Renter Occup. 25.0 23.0 24.0 Me Distribution (%) 0-19 23.4 22.4 21.8 20-24 4.5 5.1 5.3 25-44 27.0 22.8 21.5 45-64 22.1 26.6 28.1 • 65+ 23.0 23.1 23.4 Median Aqe(Years) 41.8 44.7 46.0 III H.H income(%) • <$24,999 25.8 18.5 14.9 • $25,000-$34,999 12.7 9.1 6.9 $35,000-$49,999 16.2 14.1 9.7 • $50,000-$74,999 18.9 19.9 23.1 $75,000-$99,999 10.1 14.1 13.3 $100,000-$149,999 8.7 12.4 15.8 $150,000-$199,999 3.0 4.5 5.8 $200,000+ 4.6 7.4 10.5 Median H.H. Inc. ($) 45,062 59,264 69,525 Total Persons (Yr. 2010) 1,375,200 NA NA Total Persons(Yr. 2020) 1,630,100 NA NA Total Persons(Yr. 2020) 1,756,300 NA NA Source: 2000 Census; ESR1, Inc.: P.B.County Metropolitan Planning Organization; Palm Beach County Planning Division • • Commercial Retail Analysis Study Area The commercial retail space that develops at the subject site should capture a share of existing as well as new purchasing power in an area geographically comprised of southern Palm Beach Gardens, northern North Palm Beach and Lake Park as well as northern Riviera Beach and unincorporated areas of Palm Beach County, interspersed therewith. As indicated in the Introduction Section, the commercial retail space which ultimately develops on the subject site of 20.683+ net acres will be approximately 250,000 square feet. Supply is addressed by locating and surveying the existing inventory of commercial retail space within the study area, as well as approved/in process commercial sites (un-built) within a three (3) mile radius of the subject site. (See commercial space map) • • • • • 7 J • : ! �, I FREDERICK . • ( Q SMALL T J DONALD Q ROSS RD > ' °3 0 J m Ul C. N Q HOOD .` . RD / al _.._ .. F . / 1 J • • • • w BLVD i--( •c, • • PGA �� ��� RCA BLVD L z BURNS 1 \ • . CI: VI 0 ID • Q °— Study Area ' • E (3 mile radius) BLVD �- \ uf• . PARK AV SILVERBEA H,. N : T • RD Q / �� }-- BLUE : , 4 \ BLVD • • > �C •.I o s'\ — : I BLVD - "1' IIII .: i _J. . , -\''' • . • • • to, I FREDERICK _ : : . a SMALL Q r- r-• DONALD Q ROSS RD 1. j oo Q • '. HOOD RD • T 1 2 Commercial -� .. . 24 j Space , cno , -- 25 ; • (study area) / 21,22 26 il 19 118,17,16 ' 20 o= ' BLVD • • Z �Ir...r. 9 10'1.1 ._ 12,13, PGA U 4,5 618 . - A D VU 1:14,15• 27,28 • 1,2,3 `L 99 BURNS RO 29 v LK • ) °�' 410 I-- 100 ;, I35 t \e 77,78 ' .. .. • -••••.... 0 • 53 . :-• : • . • • 94 '•56 54 79 , ' C.. A • BLVD ►� 57_101 55 El ui- 37 50 • � '59 60 62-66� 68 70 72-75 •V x,61 ;69 l71 . • PARK ;'67 . 0181,82,83 • 96 ' 102 Y - - .AEA H.. a •RD 97 I- 34 Q 92 z 85 90' 89 '4 BLVD / BLUE . �; •8 HERON 87 - ' ` • a p8 . 1-9--q�� I32 33 '84 86 - . • • 104 �.I • 103 y pi: f,ALK • I BLVD\ __ 1 _J :- ).''' / - 0 , _1L ' 45TH -, - I _ • 0 1 Exhibit 3 - Existing Commercial Retail Space (Within 3.0 Mile Study Area Radius) Map Name Location Estim. Size Estim. Non- Estim.Vac. Ref.# (sq.ft.) Retail (sq.ft.) (sq.ft.) 1 PGA SEC-PGA BI./Central 30,260 11,032 2,000 Commons BI. West 2 PGA S. side PGA BI./E. of 45,730 31,185 4,000 Commons Central BL Central 3 PGA S. side PGA BI./W. of 39,975 9,710 0 Commons East Military Tr. - 4 Midtown N. side PGA BIM. of 159,410 75,435 47,825 Military Tr. 5 Gardens Sq. NWC—PGA BI./ 113,000 3,900 900 Military Tr. 6 Shell Gas NEC—PGA Bl./ 1,200 0 0 • Military Tr. • 7 CVS NEC±- PGA BI./ 15,000 0 0 Military Tr. 8 LQoehmann's SEQ—PGA BI./I-95 100,000 5,000 60,000 Plaza 9 Legacy Place S. side PGA BI./E. of 468,000 69,000 45,000 Alt. A1A 10 Toys R Us S. side PGA BI./E. of 36,890 36,890 0 Alt. A1A 11 PGA Plaza SWC PGA BI./ 93,000 6,500 4,500 Prosperity Farms Rd. 12 Sunoco SEC—PGA BL/ 2,100 0 0 Prosperity Farms Rd. 13 Prosperity S. side PGA BI./E. of 120,400 0 12,000 Centre Prosperity Farms Rd. 14 Waterway SWQ —PGA Bl./ 8,760 0 0 Rest./Bar Intracoastal Waterway 110 • 8 15 Panama SEQ—PGA BI./ 5,555 0 0 Hatties Intracoastal Waterway Rest./Bar 16 Season's 54 NEQ—PGA BI./ 18,600 0 0 Intracoastal Waterway 17 River House NWQ— PGA B1./ 10,350 0 0 Restaurant Intracoastal Waterway 18 Harbour NEC—PGA BL/ 119,250 104,250 3,000 (office) Financial Ctr. Prosperity Farms Rd. 19 Eagle Cleaners N. side PGA Bl./W. of 2,100 0 0 Prosperity Farms Rd. 20 Shoppes at NEC—PGA BI./U.S. 111,355• 0 (not incl.) 0 Oakbrook Sq. Highway 1 21 Downtown at N. side PGA Bl./E. of 314,435 20,000 60,000 the Gardens Alt. A1A 22 Gardens of the N. side PGA Bl./E. of 0 - 55,000 1111 Palm Beaches Alt. A1A • 23 Eloquence Jewelry; W. side US Highway 6,800 0 0 1/N. of PGA BL Empire Liq.; Sunniland Patio, etc.. 24 City Mattress; W. side US Highway 14,000 2,000 0 3rd Federal; 1/N. of PGA BI. Essencia Spa 25 Limoncello W. side US Highway 2,500 0 0 Italian Grille 1/N. of PGA BI. 26 Oaktree Plaza W. side US Highway 76,425 30,570 30,570 1/N. PGA BI. 27 BP W. side US Highway 1,000 0 0 1/S. of PGA BI. 28 Old Winn-Dixie W. side US Highway 106,000 0 60,000 Ctr. 1/S. of PGA Bl. • 9 1 29 Crystal Tree W. side US Highway 115,000 85,000 2000 Plaza 1/S. of PGA BI. 30 Mondo's Rest.; W. side US Highway 1, 20,500 0 5,000 Ruth Chris; N. of Northlake BI. DeCesare's; Day Spa/Decor; Pk. Ave. BBQ; 7- 11/Gas 31 C'est Bon; W. side US Highway 44,350 0 0 Meineke; Trim 1/Between Northlake Fabrics; Boca BI. & Blue Heron BI. Bargoons; Mullet Sq.; Carving St.; Pelican Café; Sherwin Williams; Rabalo Pharm.; Valero Gas; Pit Stop Gas; Schooner Lounge; Stop • N Go; Betty Ann's Bar& Grill; Broadway Cl.; Dairy Belle; Chinese Rest. 32 Walgreens SWC—US Highway 15,000 0 0 1/Blue Heron BI. 33 BP SEC — US Highway 900 0 0 1/Blue Heron BI. 34 Strip PI.; El E. side U.S. Highway 183,600 8,100 2,400 Colonial Rest.; 1/Between Northlake Ocean's Blow; Bl. & Blue Heron Bl. 120 Plaza; Brass Ring Pub; Vacuums; Isl. PI.;W/D Ctr.; D. Donut; Café; Lk. Pk. Shoppes; Papa Johns • IC) 35 Mattress Firm; E. side US Highway 49,100 0 0 Village Sq. Pl.; 1/Between Northlake Baer's Furn.; BI. & PGA BI. Pelican Car Wash; Dry Cl.; • Paris in Town; La Bamba Rest.; Sunoco; 7-11; Wendys 36 Rex & Rex N. side Northlake 41,765 0 0 Rugs + Furn. BI./W. of US Highway 1 37 Northlake N. side Northlake 15,890 0 0 Center Bl./W. of US Highway 1 38 Hardware & N. side Northlake 7,700 0 0 Home Impr. BI./W. of US Highway 1 39 Mixed Retail + N. side Northlake 10,000 5,000 0 Office BI./W. of US Highway 1 40 Nonna Maria N. side Northlake 1,750 0 0 Restaurant Bl./W. of US Highway 1 41 Firestone; N. side Northlake 11,500 0 2,000 • Southwind PI. Bl./W. of US Highway 1 • 42 WashaRama N. side Northlake 54,600 800 BI./Between US Highway 1 & Prosp. • Farms Rd. 43 Lott Bros. N. side Northlake BI./ 4,310 0 0 Between US Highway 1 & Prosp. Farms Rd. 44 Cameras N. side Northlake 6,925 0 0 BI./Between US Highway 1 & Prosp. Farms Rd. 45 Northlake Auto N. side Northlake BI./ 3,290 0 0 Spa Between US Highway 1 & Prosp. Farms Rd. 46 Nebraska N. side Northlake 4,060 0 0 Meat; Fitness; BI./Between US Hair; Dog Highway 1 & Prosp. Groom Farms Rd. 47 Pinch A Penny; N. side Northlake BI./ 5,095 0 0 • Cleaners Between US Highway 1 & Prosp. Farms Rd. • • II 48 Tulipan Bakery N. side Northlake BI./ 2,190 0 0 Between US Highway 1 & Prosp. Farms Rd. 49 Strip Center N. side Northlake BI./ 20,000 4,000 2,000 Between US Highway 1 & Prosp. Farms Rd. 50 Chevron NEC—Northlake Bl./ 11,160 0 0 Prosp. Farms Rd. 51 Burger King; N. side Northlake 81.1 44,060 0 3,000 Polio Trop.; Between Alt.A1A & Jiffy Lube & Congress Ave. Tilden; Payless; Subs; Texaco; Island Club 52 Applebee's; N. side Northlake BU 88,645 0 0 McD; Pep Between Alt.A1A & Boys; Congress Ave.. Quarterdeck Rest.; Shell; Edwin Watts; Capitol Lighting; 53 Sunoco NWQ—Northlake BI./ 800 0 0 1-95 54 ABC Liquor NEC Northlake Bl./ 5,500 0 0 Keating Dr. (E. of Mil. Tr.) 55 Disc. Auto; NWC Northlake Bl./ 15,380 0 0 Mobil; Strip Keating Dr. (E. of Mil. Center Tr.) 56 North Mil Plaza NEC—Northlake BI./ 91,375 6,000 54,000 Military Tr. 57 Villa Palma N. side Northlake BI./ 25,000 0 0 Plaza W. of Military Tr. 58 Shell SWC— Northlake BI./ 3,000 0 0 Military Tr. 59 Gardens Park SEC Northlake BL/ 108,000 3,000 13,150 Plaza Military Tr. 60 Gardens Town S. side Northlake Bl./ 160,000 8,200 0 Square E. of Military Tr. (W. of 1-95) • • 12 61 Dive Shop SWQ— Northlake Bl./ 10,000 0 0 1-95 62 North lake SEQ—Northlake BI./ 250,000 1,200 20,000 Commons 1-95 63 Checkers; S. side Northlake 31.1 17,950 0 17,225 World of Furn. E. of 1-95 64 Sports S. side Northlake BI./ 42,985 0 0 Authority E. of 1-95 65 Costco S. side Northlake BI./ 127,900 0 0 E. of 1-95 66 Northlake S. side Northlake BI./ 198,000 0 0 Square E. of 1-95 67 Wal Mart & NWC Silver Beach Rd./ 216,200 0 0 Sonic Congress Ave. (S. of Northlake BI.) 68 Target SEC—Northlake Bl./ 179,200 0 0 Congress Ave. • 69 Kohl's E. side Congress Ave./ 73,135 0 0 S S. of Northlake BI. 70 The Plaza at S. side Northlake Bl./ 155,200 0 0 Lake Park E. of Congress Ave. 71 Auto Care SWC Northlake BI./Alt. 2,000 0 0 A1A 72 BP SEC-Northlake B1./Alt. 900 0 0 A1A 73 Cardello's SEC+- Northlake BI./ 67,465 0 0 Plaza Alt. A1A (10th St.) 74 Miami Subs; S. side Northlake BL/ 16,000 0 3,000 Colonial E. of Alt. A1A Village • 5 I3 75 Midas; Step-In S. side Northlake Bl./ 54,240 6,000 0 Food; Between Alt.A1A &US Dockside Grill; Highway 1 Porter Paint; Strip Ctr.; Spa; Stone/Marble; M. Antoinette's Furn.; Goodyear; NL Plaza 76 Northlake SWC+—Northiake Bl./ 183,930 6,500 51,500 Promenade US Highway 1 Shoppes & Village • Shoppes 77 Sunoco SEC Lighthouse Dr./ 1,300 0 0 Alt. A1A 78 Promenade NEC—Alt. A1A/ 203,000 4,200 30,000 Shopping Lighthouse Dr. Plaza • 79 Tavern Tracks W. side Alt. A1A/N. of 13,800 0 1,100 Bar/Grill; Lou's Northlake Bl. • Dry Cl.; Quick Stop; Oak Pl. • 80 Cinderella Cl.; W. side Alt. A1A (10th 6,645 0 0 Pronti's Ital. St.)/S. of Northiake BI. Kitchen 81 Lake Park W. side 10th St./S. of 10,300 0 0 Bicycles; Northlake BI. &N. of Valero Gas; Park Ave. Advance Auto 82 Rosita's Fresh S. side Park Ave./E. of 15,890 0 0 Market; Easel 10th St. &W. of US Art; Saigon Highway 1 Market; Floribean Rest. 83 Kelsey Market; NWC— 9th St./Park 20,000 2,500 1,000 Salon; Bar; Ave.,000 Soul Food; Pizza • • 14 1 84 Coin Laundry; S. side Blue Heron BL/ 22,800 2,000 0 Down Low Bar/ Between Intracoastal Grill; Grand Waterway & US Slam Fishing; Highway 1 Force E Scuba 85 Inlet Liquors/ N. side Blue Heron 20,000 5,000 0 Bar; Strip Bi/Between Center/Church Intracoastal Waterway &US Highway 1 86 Citgo; Royal's S. side Blue Heron BI./ 61,450 1,200 0 Gas; Strip; Between US Highway KFC; World 1 & 1-95 Decor; BP; 87 Chevron; NWC— Blue Heron BI./ 2,700 0 0 Popeyes Old Dixie Hwy. 88 Walgreens NEC Blue Heron BI./ 15,000 0 0 Congress Ave. 89 Citgo; N. side Blue Heron BI./ 9,000 0 0 Quizno's; D. E. of Congress Ave. • Donut; Laundromat • 90 Wendy's; Shell N. side Blue Heron BI./ 5,500 0 0 Between Garden Rd. &. 1-95 91 All Lube; Auto S. side Blue Heron 81.1 17,400 0 0 Svc./Transm. W. of 1-95 92 Center Point S. side Blue Heron Bl./ 13,000 0 0 Retail (Mobil; W. of 1-95 Denny's; McD; Race Trac 93 Sunny Plaza W. side Military Tr./N. 31,000 6,200 900 of PGA BI. 94 Chevron NWC — Northlake BI./ 3,400 0 0 Military Tr. 95 C&D Produce W. side Military Tr./ 10,000 3,000 0 Between Northlake BI. & Beeline Hwy. 96 Strip Center; W. side Military Tr./ 12,100 0 0 Discount Bev. Between Northiake BI. & Beeline Hwy. S • 15 1 97 BP W. side Military Tr./N. 3,600 0 0 of Beeline Hwy. 98 Dolphin Tire W. side Military Tr./N. 5,500 0 0 of Beeline Hwy. 99 Abbey Road E. side Military Tr./S. of 33,000 13,500 0 Plaza PGA BI. 100 Couture Care E. side Military Tr./S. of 10,000 3,000 0 Center PGA BI. 101 BP Gas NEC —Northlake BL/ 3,000 0 0 Military Tr. 102 Golf Center E. side Military Tr./ 30,000 0 0 Between Northlake BI. & Blue Heron BI. 103 Strip Center E. side Military Tr./N. of 18,000 0 10,000 Blue Heron BI. 104 Texaco; NEC—Blue Heron Bl./ 3,500 0 0 Blimpie Military Tr. Total 6,738,530 609,072 603,870 • Source: Field survey and research by Thompson Consulting, Inc., 2009 • I ri Exhibit 4 - Approved/In Process Commercial Tracts (Un-built) (Within 3.0 Mile Study Area Radius) Map Site/Location Size Ref. (s.f.) A Northlake Promenade/SWC—Northlake BI. & US 77,345 Highway 1 B Point West/W. side Military Tr., Between Blue Heron BI. & 8,000 Beeline Hwy. Total 85,345 • • r • 17 Retail Demand An estimate and projections of demand for commercial retail uses within the study area are presented in Exhibit 5. The aggregate commercial retail space per capita multiplier of 78 square feet was derived from Department of Revenue/DOR data related to sales by retail category, factoring in average sales per square foot in all center types (neighborhood, community, super- community/regional and super-regional) which include stores conforming with the same retail categories used by the DOR for Palm Beach County.* Supportable space figure estimates were prepared using 2009, 2015 and 2025 (time frame of the County's population projections by traffic analysis zones/TAZs) population estimates and projections within the study area, of 108,421, 122,380 and 134,924, respectively. From Exhibit 5, it is estimated that retail spending patterns within the study area can support a total of 8,456,838 square feet± of commercial retail space in base year 2009, 9,545,640 square feet± by the year 2015 and 10,524,072 square feet± by the year 2025 (time frame of the County TAZ population projections). • • • • Retail space per capita multiplier is derived from dollars spent per person in Palm Beach County (i.e., total dollars spent in given year divided by the total population in county in same year) and dollars spent per square foot of retail space(median)as report by the Urban Land Institute (Dollars and Cents of Shopping Centers); • Note: Although total retail sales in Palm Beach County are generated by more than just residents of the county (e.g., tourists, visiting relatives, those in county on business, etc.), the $ volume is • expressed at$/person to enable a mathematical comparison to $/s.f., resulting in s.f./person • • 18 Exhibit 5 - Retail Space Demand (Study Area) ESTIMATE OF SUPPORTABLE RETAIL SPACE GENERATED BY SPENDING PATTERNS Retail Estim. 2009 2015 2025 Categories* Demand/ Demand (s.f.) Demand (s.f.) Demand (s.f.) Capita (s.f.) TOTAL 78.0 8,456,838 9,545,640 10,524,072 • Comprised of the following retail use types: Food: Grocery stores; meat/poultry/seafood markets; vegetables/fruit markets; bakeries; delicatessens; candy; confectionery; sundries Eating/Drinking: Restaurants;cafeterias;catering services;taverns; night clubs; bars and liquor stores General Merchandise: Discount dept.and dept.stores;variety stores;dry goods Apparel:Clothing stores;alterations; shoe stores Drug/Pharmacy: Drug stores;pharmacies/apothecaries Furniture/Appliances; Furniture stores (new and used); household appliances; dinnerware, etc.; music stores; radio, television,record/CD/DVD stores and electronic/computer supplies Lumber/Hardware: Hardware; paint; light machinery;; bicycle shops; decorating/painting/papering/drapery; lumber/building materials;fabrication/sales of windows,doors,cabinets,etc. Automotive:Auto accessories,tires, parts,auto A/C,service/repair,etc. Gasoline/Convenience: Gas stations and convenience store,car wash, etc. Cinema/Admissions:Movie theaters;arcades;skate parks,etc. Other:Second hand stores;antique shops;store/office equipment;dollar stores; barber/beauty shops;cosmetics;gyms; book stores;dry cleaning/laundry;tobacco shops;florists,gifts;cards;novelty,hobby,stationery&toy stores;magazines, post cards,brochures;photo and art equipment and supplies,art galleries,etc. Source: Retail sales and use tax business classification; Florida Department of Revenue and Bureau of Economic and Business Research, University of Florida (year-end retail sales for Palm Beach County); Dollars and Cents of Shopping Center,The Urban Land Institute;Palm Beach County Population Data(by TAZ) 19 Supply/Demand Comparison Comparing existing commercial retail space within the study area of 6,738,530 square feet to the 2009 estimated demand of 8,456,838 square feet, indicates an estimated demand overhang/supply deficit approximately 1,718,308 square feet. A comparison of total supply of 6,823,875 square feet (existing, approved/in process commercial tracts which are un-built, not including the subject site) to the year 2009 estimated demand of 8,456,838 square feet, indicates an estimated demand overhang/supply deficit of 1,632,963 square feet. These statistics indicate that sufficient demand potential exists in the study area to support the additional commercial retail space which could be accommodated on the subject site. The overall vacancy rate of 9% within the 3.0 mile study area radius, is considered favorable as 5% is usually indicative of pent-up demand and full occupancy. This is due to tenants moving in and out, resulting in some space being unoccupied at any given time to allow for tenant improvements/changes to be made. Exhibit 6 - Commercial Retail Space Demand vs. Supply (Within a 3.0 Mile Study Area Radius) Time Frame Estimated Demand Estimated Supply Of Supply Deficit (+) For Space (sq. ft.) Space (sq. ft.) (2) Supply Surplus (-) (1) (3) 2009 8,456,838 6,738,530 1,718,308 (-) 2015 9,545,640 6,823,875 2,721,765 (-) 2025 10,524,072 6,823,875 3,700,197 (-) Source: Thompson Consulting, Inc., 2009 (1)Demand: Estimated supportable commercial retail space(square feet) (2) Supply: Estimated existing and un-built commercial tracts (3) Supply Deficit(+) =Estimated additional supportable commercial retail space within a 3.0 mile study area radius, using methodology employed herein; Supply Surplus (-) = Estimated surplus of commercial retail space(non-supportable)within a 3.0 mile study area radius, using methodology employed herein 21 GENERAL LIMITING CONDITIONS Every effort has been made to insure this report contains the most accurate and timely information possible, which is believed to be reliable. However, no responsibility is assumed for inaccuracies in reporting by developer, developer's agents or any other sources. Contractual obligations do not include access to or ownership transfer of any electronic data processing files, programs or models completed directly for or as a by-product of this research effort. This report may not be used for any purpose other than for which it is prepared, except by owner/developer. Possession of this report does not carry with it the right of publication and its contents shall not be disseminated to the public through advertising media, sales media, or any other public means of communication without prior written consent and approval of Thompson Consulting, Inc. DRAINAGE STATEMENT FOR HILLTOP GARDENS MHP CITY OF PALM BEACH GARDENS Palm Beach County, Florida 41/ March, 2009 (Revised May, 2009) Prepared by: Michael B. Schorah and Associates, Inc. 1850 Forest Hill Blvd., Suite 206 West Palm Beach, Florida 33406 (561) 968-0080 EB#2438 C rly OF,RAtilto wtrederick Roth, Jr., P.E. lorida Registration# 18991 14:y 26 26.33 For: Michael B. Schorah &Associates, Inc. EB# 2438 A D � ,x ^� fr,,t r / (� �, {f 55y -. 7 .fi yw }� :rte 3,v i{i F Date INTRODUCTION Standard Pacific of Florida is proposing a land use amendment to allow commercial development of their parcel in the City of Palm Beach Gardens, Florida. The site, which is located north of Northlake Blvd. and adjacent to the east side of the SFWMD C-17 Canal, is currently a mobile home community (Hilltop Gardens Mobile Home Park). These lands are located in Section 18, Township 42, Range 43 in the City of Palm Beach Gardens, Florida. Land use amendment documents for the subject site are being prepared by Urban Design Kilday Studios; however no site plan is required at a part of that submittal package. General discussions on site usage indicate that the proposed facilities will include general retail / commercial buildings along with the required parking, driveways and open space. Area required for surface water management will be included in the site layout. The project parcel contains 23.16 (±) acres. Included in the project boundary is the proposed extension of the Congress Ave. right-of-way. The purpose of this report is to identify general criteria for a practical and economical system to drain and control the stormwater runoff from the proposed development. These criteria will provide a design basis for a functional positive delay drainage system. The objectives of that system will be to preclude the danger of flooding and to ensure that the post-development discharge for this site will be within the regulatory limits (both of these for the design storm events). II. EXISTING FACILITIES Review of available topographical data for this parcel (survey by Calvin Giordano & Associates, Inc. Project No. 04-4830 dated 10/25/04) shows the area of the proposed development to have ground elevations from 8.5' (t) in the southwest (Continued) fitio Hilltop Gardens MHP Drainage Statement March, 2009 (Revised May, 2009) Page 2 quadrant to 13.8' (±) in the northeast quadrant. A review of the Soil Conservation Service Soil Survey of Palm Beach County for this area indicates that the existing soil types as AU-Ardents Urban Land Complexes. The boundary and topographical survey noted above indicated that there is no on-site storm water retention provided on this parcel. The property is currently fully developed as a mobile home park. This includes 162 mobile home sites (all sites currently vacant), driveways and parking areas, roadways, pipe networks with drainage inlets, and outfall to the C-17 Canal. A review of historical aerial data indicates that these facilities have been in existence for more than thirty-five (35) years. This site is within and drains to the C-17 Basin as established by the South Florida Water Management District. III. PROPOSED DRAINAGE SYSTEM The proposed use will result in a total re-development of this site; therefore it will be necessary to provide a -stormwater management system that will meet the current criteria for storage and discharge. Site grading for this project will be designed to direct runoff to the open/landscape areas, where possible, and collected in a series of inlets and underground pipelines. An on-site surface water system consisting of either a wet (pond) detention area, dry detention area or a combination of these will be required in the final site plan. It may also. be possible to utilize some underground storage and/or exfiltration systems to supplement that surface storage system. The storage provided in these areas along with the soil storage within the site will provide the required water quality storage and storm water runoff attenuation prior to discharge. Discharge will be directed to the canal'located on the west side of the site (SFWMD C-17). (Continued) Hilltop Gardens MHP Drainage Statement March, 2009 (Revised May, 2009) Page 3 A review of the information is available regarding the existing facilities indicates that an offsite flow from the adjacent mobile home community, Hilltop Park (Plat Book 26 Page 138, P.B.C.R.) may flow through a portion of the existing on-site drainage system. The proposed drainage system will include a dedicated and separate outfall system for that flow. Site drainage design will be done to provide for a minimum berm elevation at or above the calculated stage produced by a 25 year — 3 day storm event (with allowable discharge), the on-site parking will be set at an elevation at or above the stage produced by a 5 yr— 1 day storm event, and the minimum finished floor elevation will be at or above the stage produced by a 100 yr — 3 day event 4110 (without discharge). Based on the information presented herein, it is our opinion that it will be possible to design and construct this site so that the grading, drainage and storm water systems will be capable of meeting the applicable regulatory requirements. Further note that the drainage system will be designed to meet the stomiwater management requirements of SFWMD, NPBCID (if applicable), and the City's land development regulations, shall demonstrate the provision of a legal positive outfall meeting the adopted level of service, and shall identify the previously approved and proposed conditions and proposed land use allocations. S HILLTOP COMMERCIAL COMPREHENSIVE PLAN AMENDMENT TRANSPORTATION ANALYSIS Prepared for STANDARD PACIFIC HOMES PINDER TROUTMAN CONSULTING, INC. Certificate of Authorization Number: 7989 5114 Okeechobee Boulevard, Suite 210 West Palm Beach, FL 33417 (561) 296-9698 #PTC09-010 March 12, 2009 Revised April 15. 2009 s HILLTOP COMMERCIAL COMPREHENSIVE PLAN AMENDMENT TRANSPORTATION ANALYSIS INTRODUCTION It is proposed to change the land use designation from Residential Medium(RM)to Commercial(C)on a site located in the City of Palm Beach Gardens. The 26.163 acre site is located along the Congress Avenue extension north of Northlake Boulevard. Access to the site will be via driveway connections to the Congress Avenue extension. 1111 The purpose of this analysis is to determine if the proposed land use designations are consistent with the Transportation Element of the City of Palm Beach Gardens Comprehensive Plan. The Comprehensive Plan requires an analysis of existing traffic conditions,traffic conditions in 5 years(Test 2)and Year 2025 conditions. SITE DATA The Comprehensive Plan assigns a maximum intensity to the Residential and Commercial land use designations. This scenario is required to be analyzed along with the proposed development plan. The land use scenarios are as follows: EXISTING LAND USE DESIGNATION PROPOSED LAND USE DESIGNATION Residential (RM) Commercial (C) Proposed Maximum Intensity Maximum Intensity Development Plan 208 DUs 706,286 SF Retail 250,000 SF Retail -OR- 1,412,572 SF Office TRANSPORTATION ELEMENT S Trip Generation Palm Beach County and the Institute of Transportation Engineers(ITE),Trip Generation, 7`h Edition,were Report 09-010 4-15-09 1 s the sources of trip generation data utilized in this study. Daily trips generated by the existing land use designation, proposed land use designation at maximum intensity and proposed development plan are shown on Exhibit 1A. This data is used for the Existing (2008) and Year 2025 analysis. Based on the maximum net daily trip generation of 17,814, a four mile radius is required to be analyzed for the maximum intensity. Based on the proposed development plan's net daily trip generation of 6,989,a two mile radius is required to be analyzed. Exhibits 1B and 1C provide the AM and PM peak hour trip generation data. For the Test 2 analysis,credit is given for any uses on the site within the last five years. Therefore, Exhibits 1D and1 E are provided, showing credit for the 151 mobile homes that occupied the site within the last five years. The Test 2 radius of development influence is four miles for the maximum intensity based on the new 1,771 PM peak hour trips generated. Based on the proposed development plan's 710 PM peak hour trips • generated, the Test 2 radius is three miles. Trip Distribution and Assignment In order to determine the impact of the proposed development's traffic on the surrounding roadway network, a directional distribution was developed based upon estimated area travel patterns associated with the project. Exhibit 2 provides the resultant project traffic distribution. Exhibits 3A and 3B provide the net daily trip assignments as well as the volume to capacity(v/c)ratios and project impact percentage for the maximum intensity and proposed development plan, respectively. Several roadway links are significantly impacted. Existing Traffic Conditions Existing (2008) 24 hour peak season daily traffic volumes provided by the Palm Beach County Traffic Division were reviewed. Traffic count data is provided in Appendix A. Existing plus proposed project daily traffic volumes and levels of service are shown on Exhibits 4A and 4B for the roadway links within the radius of development influence for the maximum intensity and proposed development plan, respectively. For the maximum intensity scenario, there are four significantly impacted links that do not meet the level of service standard. However, for the proposed development plan, all significantly impacted roadway links meet the adopted level of service standards. Report 09-010 4-15-09 2 s Roadway Improvements The Transportation Improvement Program from the MPO of Palm Beach County and the Palm Beach County Five Year Road Program were reviewed to determine if any roadways within the study area are scheduled to be improved. Beeline Highway(Martin Luther King Jr. Boulevard) has two scheduled four- laning projects in 2012: from Australian Avenue to Old Dixie Highway and from Congress Avenue to Australian Avenue. See Appendix B. Test 2 (Five Year Analysis) In projecting Year 2013 traffic conditions, historic growth trends and committed development data must be analyzed. Traffic counts and historic growth data are provided in Appendix A. The majority of roadway link growth rates are negative. Therefore,a 1%growth rate was used. Committed development data is provided in Appendix B. Test 2 examines traffic conditions at the end of the fifth year of the FDOT Five Year Transportation Improvement Program. A Test 2 analysis is required for any roadway link within the radius of development influence where the project impact is greater than 3% of LOS E and outside the radius where the project impact is greater than 5%of LOS E. As shown on Exhibit 5A,there are eleven roadway links that are significantly impacted for the maximum intensity scenario. For the proposed development plan,there are five roadway links significantly impacted, as shown on Exhibit 5B. Exhibit 6A shows that four of the impacted links are not projected to meet adopted level of service standards in the PM peak hour for the maximum intensity scenario. Exhibit 6B shows that two of the impacted links are not projected to meet adopted level of service standards in the PM peak hour for the proposed development plan. Therefore, Optional Analyses were examined for these links. Exhibits 7A and 7B provide the PM peak hour directional analysis, Optional Analysis i, for the analyzed Slinks for the maximum intensity scenario and proposed development plan, respectively. Two links on Exhibit 7A and one link on Exhibit 7B do not meet the Optional Analysis i standard. Therefore,Optional Analysis ii is required for these links. Report 09-010 4-15-09 3 s Exhibits 8A and 8B provide the Optional Analysis ii for the maximum intensity scenario and proposed development plan, respectively. The link of Congress Avenue from Silver Beach Road to Northlake Boulevard does not meet the Optional Analysis ii standard for the maximum intensity scenario. The other links meet the standard. The intersections at each end of the analyzed links were analyzed and are summarized on Exhibit 9 and provided in Appendix C. Since only one intersection is projected to meet the adopted standards for the maximum intensity scenario, the two links on Exhibit 8A do not meet the Test 2 requirements. However, both intersections meet the adopted standards for the proposed development plan. Therefore, the proposed development plan meets the Test 2 requirements. Year 2025 Analysis Exhibits 10A and 10B show Year 2025 traffic conditions for the significantly impacted links for the maximum intensity scenario and the proposed development plan, respectively. Year 2025 net project traffic is total external traffic generated by the proposed land use designation, less traffic generated by the existing land use designation. For the Year 2025 analysis, roadway lanes and traffic volumes were obtained from the Metropolitan Planning Organization (MPO) staff and are provided in Appendix D. Peak season factors are also provided in Appendix D. For the maximum intensity scenario, three roadway links are not projected to meet the adopted daily standards. All analyzed roadway links are projected to meet the adopted daily standards for the proposed development plan. SUMMARY/CONCLUSIONS Exhibit 11 provides a summary of the two scenarios analyzed and the roadway links projected to exceed the adopted level of service standards. While there are several roadways not expected to meet the standards for the maximum intensity scenario, the proposed development plan meets the adopted standards. Therefore, this analysis shows that the proposed land use designation is consistent with the Transportation Element of the Comprehensive Plan with a condition that the site be developed at the proposed intensity. S Report 09-010 4-15-09 4 0 EXHIBITS • OP 0 W 4/13/2009 Comp Plan trips 09-010 4-9-09 Exhibit 1A Hilltop Commercial Daily Trip Generation Comparison Existing Land Use Designation (Residential Medium) at Maximum Intensity ITE External Trips Pass-by New Trips Land Use Code Intensity Trip Generation Rate(1) Trips (1) Multi-Family Residential 230 208 DUs(2) 7 /DU 1,456 - 0% 1,456 _ _ _ . TOTALS 1 1 208 DUs I I 1,456 1,456 Proposed Land Use Designation (Commercial) at Maximum Intensity ITE External Trips Pass-by New Trips Land Use Code Intensity Trip Generation Rate(1) Trips (1) Retail 820 706,286 SF (3) Ln (T) = 0.64Ln (X)+5.87 23,586 4,316 18.3% 19,270 General Office 710 1,412,572 SF (4) Ln (T) = 0.77Ln (X)+3.65 10,249 1,025 10% 9,224 Highest Use I 1 706,286 SF I I 23,586 I 4,316 1 19,270 I Net Increase 17,814 I Proposed Development Plan ITE External Trips Pass-by New Trips Land Use Code Intensity Trip Generation Rate(1) Trips (1) Retail 820 250,000 SF Ln (T) = 0.64Ln (X)+5.87 12,134 3,689 30.4% 8,445 TOTALS I I 250,000 SF L I 12,1341 3,6891 I 8,445 I Net Increase 6,989 I (1)Source:Palm Beach County and the Institute of Transportation Engineers(ITE),Trip Generation,7th Edition. (2)Based on 9 Multi Family Dwelling Units per acre for 23.163 acres. (3)Based on 35%Lot Coverage x 2 stories for 23.163 acres. (4)Based on 35%Lot Coverage x 4 stories for 23.163 acres. • 4/13/2009 0 0 Comp Plan trips 09-010 4-9-09 Exhibit 1B Hilltop Commercial AM Peak Hour Trip Generation Comparison Existing Land Use Designation (Residential Medium) at Maximum Intensity External Trips Pass-by New Trips ITE In Out Total Trips (1) In Out Total land Use Code Intensity Trip Generation Rate (1) 16 77 93 - 0% 16 77 93 Multi Family Residential 230 208 DUs(2) Ln (T) = 0.8Ln (X)+0.26(17/83) TOTALS 208 DUs 16 77 93 - 1 16I 77 1 93 Proposed Land Use Designation (Commercial)at Maximum Intensity External Trips Pass-by New Trips ITE In Out Total Trips (1) In Out Total Land Use Code Intensity 820 706,286 SF (3) Trip Generation Rate(1) , 1.03 /1,000 SF(61/39) 443 284 727 133 I 18.3% 362 232 594 Retail l TOTALS 706,286 SF f 443 1 284 1 727 1 133-1 1 362 1 232 1 594 Proposed Development Plan External Trips Pass-by New Trips ITE In Out Total Land Use Code Intensity Trip Generation Rate(1) , In Out Total Trips (1) Retail 820 250,000 SF 1.03 /1,000 SF (61/39) _ 157 101 258 78 1 30.4% 110 70 180 TOTALS � 250,000 SF [ [ 157 ( 101 1 258 i 78 110 l 70 1 180 (1)Source:Palm Beach County and the Institute of Transportation Engineers(ITE),Trip Generation, 7th Edition. (2)Based on 9 Multi Family Dwelling Units per acre for 23.163 acres. (3)Based on 35%Lot Coverage x 2 stories for 23.163 acres. • • . 4/13/2009 Comp Plan trips 09-010 4.9-09 Exhibit 1C Hilltop Commercial PM Peak Hour Trip Generation Comparison Existing Land Use Designation (Residential Medium) at Maximum Intensity, ITE External Trips Pass-by New Trips Land Use Code Intensity Trip Generation Rate (1) In Out Total Trips (1) In Out Total Multi-Family Residential 230 208 DUs (2) Ln (T) = 0.82Ln (X)+0.32 (67/33) 74 36 110 - 0% 74 36 110 TOTALS I I I j 74j 361 1101 Oj j 741 361_ 110 Proposed Land Use Designation (Commercial) at Maximum Intensity ITE External Trips Pass-by New Trips Land Use Code Intensity Trip Generation Rate (1) In Out Total Trips (1) In Out Total Retail , 820 706,286 SF(3) Ln (T) = 0.66Ln (X)+3.40 (48/52) 1,092 1,183 2,275 416 18.3% 892 967 1,859 TOTALS I I j 1,092 j 1,183 1 2,2751 416 j .1 892 j 967 j 1,859 Proposed Development Plan ITE External Trips Pass-by New Trips Land Use Code Intensity Trip Generation Rate (1) In . Total Trips (1) In Out Total Retail 820 250,000 SF Ln (T) = 0.66Ln (X)+3.40 (48/52) 550 596 1,146 348 30.4% 383 415 798 TOTALS I I 1 1 550 r 596 I 1,146 I 348 j j 383 1 415 j 798 (1)Source: Palm Beach County and the Institute of Transportation Engineers(ITE),Trip Generation,7th Edition. (2)Based on 9 Multi Family Dwelling Units per acre for 23.163 acres. (3)Based on 35%Lot Coverage x 2 stories for 23.163 acres. • i . 4/14/2009 Comp Plan trips 09-010 4-9-09 Exhibit 1 D Hilltop Commercial AM Peak Hour Trip Generation Comparison Existing Use ITE External Trips Pass-by New Trips Land Use Code Intensity Trip Generation Rate(1) i In Out Total Tri s (1) In Out Total Mobile Home Park 240 151 Dus 0.44 /DU (20/80) 13 53 66 - 0% 13 53 66 TOTALS 1 I I 1 131 53I 66 1 - 1 1 131 53I 66 Proposed Land Use Designation (Commercial)at Maximum Intensity ITE External Trips Pass-by New Trips Land Use Code Intensity Trip Generation Rate(1) In Out Total Trips (1) In Out Total Retail 820 706,286 SF (2) 1.03 /1,000 SF (61/39) 443 284 727 133 18.3% 362 232 594 TOTALS I I I 1 443 1 284 1 727 I 133 1 1 362 I 232 I 594 Net Increase 1 349 1 179 1 528 Proposed Development Plan ITE External Trips Pass-by New Trips Land Use Code Intensity Trip Generation Rate(1) In Out Total Tri s(1) In Out Total Retail 820 250,000 SF 1.03 /1,000 SF (61/39) 157 101 258 78 30.4% 110 70 180 TOTALS I I I r 157 1 1011 258 1 78 1 I 110 ( 70 1 180 Net Increase 1_ 97 1 17 1 114 (1)Source: Palm Beach County and the Institute of Transportation Engineers(ITE),Trip Generation, 7th Edition. (2)Based on 35%Lot Coverage x 2 stories for 23.163 acres. 41P • • 4/14/2009 Comp Plan trips 09-010 4-9-09 Exhibit 1 E Hilltop Commercial PM Peak Hour Trip Generation Comparison Existing Use ITE External Trips Pass-by New Trips Land Use Code Intensity Trip Generation Rate(1) In Out Total Trips (1) In ' Out Total Mobile Home Park 240 151 Dus T = 0.57(X)+2.06 (62/38) 55 33 88 0% 55 33 88 TOTALS 1 55 1 33 1 88 I_ 01 —1 55 ( 33 1 88 Proposed Land Use Designation (Commercial) at Maximum Intensity ITE External Trips Pass-by New Trips Land Use Code Intensity Trip Generation Rate (1) In Out Total Trips (1) In Out Total Retail 820 706,286 SF(2) Ln (T) = 0.66Ln (X)+3.40 (48/52) 1,092 1,183 2,275 416 18.3% 892 967 1,859 TOTALS l 1 j 1,092 I 1,183 I 2,275 1 416 1 1 892 1 967 �1,859 Net Increase 11 837 f 934 1 1,771 I Proposed Development Plan 1TE External Tri•s Pass-by N ew Trips Land Use Code Intensity Trip Generation Rate(1) In Out Total Trips (1) In Out Total Retail 820 250,000 SF Ln (T) = 0.66Ln (X)+3.40(48/52) 550 596 1,146 348 30.4% 383 415 798 l TOTALS 1-7- 1 5501 5961 1,146 1 3481 1 3831 4151 798 Net Increase 1 328 1 382 l 710 I (1)Source: Palm Beach County and the Institute of Transportation Engineers(ITE),Trip Generation, 7th Edition. (2)Based on 35%Lot Coverage x 2 stories for 23.163 acres. I 1 0 1% ° 40 1% p o 1 % 5% 1% *f'- 0% 3% 1% W 0% V A 7% 2% N.T.S. 5% 4'. PGA BLVD 1% RCA BLVD 3% 8% 2% 1% 2% w BURNS ROAD < %( 5% 12% < 3% 2% Fe 1% HOLLY DRIVE 0 a 2% 2% LIGHTHOUSE DR 15% 7% 9% 2% 3% 4% u 4% 5% 6% 18% 35% 37°AJ 30% 8% NORTHLAKE BOULEVARD \12% 33% 3 2% _ 3% 8%% 6% WATER TOWER RD 25 2% 6% PARK AVE (-- INVESTMENT LN 5% 4% I 19 5% 2% 6%/0 , SILVER BEAC RD a 1% 1% 14 5% 4', 84,1/VF yK'Y % 2% 5% 5% 1% 4% BLUE HERON BLV 3% 3% = 3% W W < 1% < 4% O% 6% 5% o 2% z 2 ib z �1% O U D W MARTIN LUTHER KING<BLVD o et Y J rk 3% I O< Y. 2 < 0% 0% x %c z j — 0 0 I 0% 2% fti% 0% O III. 45TH ST >j m 2 u�% \ 4% 3/9/09 -7 09-010 HILLTOP EXHIBIT 2 � COMMERCIAL PROJECT TRAFFIC DISTRIBUTION • • . 4,13/2009 Assign 09-010 4.9.09 Page 1d2 Exhibit 3A Hilltop Commercial Project Traffic Assignment- 2025 Analysis Proposed Land Use Designation at Maximum Intensity 2025 Conditions Net Project Traffic Total Significant 2025 2025 Pk Season Adj.2025 LOS D 17514 Total Project Impact? Roadway Link Lanes Volume(1) Factor Volume Capacity %Did Trips Traffic WC Impact Y/N Central Blvd to Military Trail 61D 45000 0.95 42750 49200 5% 891 43641 0.89 1.81% no Military Trail to 1-95 6LD 52000 0.95 49400 49200 4% 713 50113 1.02 1.45% no 1-95 to Alternate A1A 6LD 65000 0.95 61750 49200 0% 0 61750 1.26 0.00% no PGA Blvd Alternate A1A to Gardens Mall 6LD 65000 0.95 61750 49200 3% 534 62284 1.27 1.09% no Gardens Mall to Prosperity Farms Rd 6LD 62000 0.95 58900 49200 3% 534 59434 1.21 1.09% no Prosperity Farms Rd to Ellison Wilson Rd 6LD 50000 0.95 47500 49200 1% 178 47678 0.97 0.36% no Ellison Wilson Rd to US 1 6LD 36000 0.95 34200 49200 0% 0 34200 0.70 0.00% no RCA Blvd Alternate A1A to Prosperity Farms Rd 2L 15500 0.95 14725 15400 1% 178 14903 0.97 1.16% no Military Trail to Alternate A1A 4LD 34000 0.95 32300 32700 1% 178 32478 0.99 0.54% no Burns Road Alternate A1A to Sandalwood 4LD 23000 0.95 21850 32700 2% 356 22206 0.68 1.09% no Sandalwood to Prosperity Farms Rd 4LD 15000 0.95 14250 32700 2% 356 14606 0.45 1.09% no Holly Drive Military Trail to Mac Arthur Blvd 2L 10000 0.95 9500 15400 1% 178 9678 0.63 1.16% no Beeline Hwy to Ryder Cup Blvd 6LD 40600 0.95 38570 49200 4% 713 39283 0.80 1.45% no Ryder Cup Blvd to Haverhill Rd 6LD 53200 0.95 50540 49200 5% 891 51431 1.05 1.81% no Haverhill Rd to Military Trail 6LD 53000 0.95 50350 49200 6% 1069 51419 1.05 2.17% no Military Trail to 1-95 6LD . 58000 0.95 55100 49200 18% 3207 58307 1.19 6.52% YES Northlake Blvd 1-95 to Congress Ave (2) 6LD_ 49000 0.95 46550 60000 37% 6591 53141 0.89 10.99% YES Congress Ave to Alternate A1A 6LD 46000 0.95 43700 49200 30% 5344 49044 1.00 10.86% YES Alternate A1A to Prosperity Farms Rd 6LD 46000 0.95 43700 49200 12% 2138 45838 , 0.93 4.35% YES Prosperity Farms Rd to Southwind Dr 6LD 46900 0.95 44555 49200 8% 1425 45980 0.93 2.90% no Southwind Dr to US 1 6LD 35700 0.95 _ 33915 49200 6% 1069 34984 0.71 2.17% no Park Avenue 10th Ave to US 1 2L 10000 0.95 9500 15400 2% _ 356 9856 0.64 2.31% no Investment Lane Military Trail to Garden Rd 2L _ 14300 0.95 13585 15400 6% 1069 14654 0.95 6.94% YES Silver Beach Rd Congress Ave to Old Dixie Hwy 2L 10000 0.95 9500 15400 5% 891 10391 0.67 5.79% YES Odd Dixie Hwy to US 1 2L 12500 0.95 11875 15400 2% 356 12231 0.79 2.31% no Beeline Hwy to Military Trail 6LD 35000 0.95 33250 49200 2% 356 33606 0.68 0.72% no Military Trail to 1-95 6LD 56000 0.95 53200 49200 5% 891 54091 1.10 1.81% no Blue Heron Blvd 1-95 to Congress Ave (3) 6LD 52500 0.95 49875 49200 5% 891 50766 1.03 1.81% no Congress Ave to Australian Ave 6LD 46300 0.95 43985 49200 _ 3% 534 44519 0.90 1.09% no Australian Ave to Old Dixie Hwy 6LD 25000 0.95 23750 49200 2% 356 24106 _ 0.49 0.72% no Old Dixie Hwy to US 1 4LD _ 37000 _ 0.95 35150 32700 3% 534 35684 1.09 1.63% no Beeline Hwy Jog Rd to Military Trail (3) 6LD 34800 0.95 33060 49200 2% 356 33416 _ 0.68 0.72% no Military Trail to Congress Ave (3) 4LD 22000 0.95 20900 32700 0% 0 20900 0.64 0.00% no Martin Luther Icing Jr Blvd Congress Ave to Australian Ave (3) 4LD 26000 0.95 24700 32700 2% 356 25056 0.77 1.09% no Australian Ave to Old Dixie Hwy (3) 4LD 17000 0.95 16150 32700 1% 178 16328 , 0.50 0.54% no Village Blvd to I-95 6LD 50800 0.95 48260 49200 2% 356 48616 0.99 , 0.72% no 45th Street 1-95 to Congress Ave (3) 6LD 61300 0.95 58235 49200 1% 178 58413 1.19 0.36% no Congress Ave to Australian Ave (3) 6LD 44200 0.95 41990 49200 0% * 0 41990 0.85 0.00% no • 0 • 4/13/2009 Assign 09-010 4.9-09 Page 2.12 Exhibit 3A Hilltop Commercial Project Traffic Assignment- 2025 Analysis Proposed Land Use Designation at Maximum Intensity 2025 Conditions Net ProCect Traffic Total Significant 2025 2025 Plc Season Adj.2025 LOS D 17814 Total Project Impact? Roadway Link Lanes Volume(1) Factor Volume Capacity %Dist Trips Traffic WC Impact Y/N 45th Street to Beeline Hwy 6LD 51000 0.95 48450 49200 4% 713 49163 1.00 1.45% no Beeline Hwy to Blue Heron Blvd 6LD 48000 0.95 45600 49200 4% 713 46313 0.94 1.45% no Blue Heron Blvd to Investment Lane 6LD 41000 0.95 38950 49200 6% 1069 40019 0.81 2.17% no Military Trail Investment Lane to Northlake Blvd 6LD 37000 0.95 35150 49200 3% 534 35684 0.73 1.09% no Northlake Blvd to Holly Drive 6LD 49000 0.95 46550 49200 7% 1247 47797 0.97 2.53% no Holly Drive to PGA Blvd 6LD 49000 0.95 46550 49200 5% 891 47441 0.96 1.81% no PGA Blvd to 1-95 6LD 46500 0.95 44175 49200 1% 178 44353 0.90 0.36% no 1-95 to Hood Road 6LD 43000 0.95 40850 49200 1% 178 41028 0.83 0.36% no McArthur Blvd Northlake Blvd to Holly Dr 2L 11000 0.95 10450 15400 2% 356 10806 0.70 2.31% no Presidential Way to 45th Street 4LD 41100 0.95 39045 32700 2% 356 39401 1.20 1.09% no 45th Street to Martin Luther King Jr Blvd 6LD 40000 0.95 38000 49200 3% 534 38534 0.78 1.09% no Congress Avenue Martin Luther King Jr Blvd to Blue Heron Blvd (3) 4LD 30000 0.95 28500 32700 5% 891 29391 0.90 2.72% no Blue Heron Blvd to Silver Beach Rd 4LD 26000 0.95 24700 32700 14% 2494 27194 0.83 7.63% YES Silver Beach Rd to Northlake Blvd 4LD 29300 0.95 27835 32700 33% 5879 33714 1.03 17.98% YES Old Dixie Hwy Martin Luther King Jr Blvd to Blue Heron Blvd 4LD 20000 0.95 19000 32700 1% 178 19178 0.59 0.54% no Blue Heron Blvd to Silver Beach Rd 4LD 30000 0.95 28500 32700 5% 891 29391 0.90 2.72% no Northlake Blvd to Lighthouse Dr 4LD 31500 0.95 29925 32700 15% 2672 32597 1.00 8.17% YES Lighthouse Dr to Burns Rd 6LD 35000 0.95 33250 49200 12% 2138 35388 0.72 4.35% YES Alternate AMA Burns Rd to RCA Blvd 6LD 41000 0.95 38950 49200 8% 1425 40375 0.82 2.90% no RCA Blvd to PGA Blvd 6LD 28000 0.95 26600 49200 7% 1247 27847 0.57 2.53% no PGA Blvd to Hood Rd 6LD 46000 0.95 43700 49200 4% 713 44413 0.90 1.45% no Northlake Blvd to Lighthouse Dr (2) 2L 25000 0.95 23750 20950 , 3% 534 24284 1.16 2.55% no Prosperity Farms Rd Lighthouse Dr to Burns Road (2) 21 19000 0.95 18050 20950 3% 534 18584 0.89 2.55% no Bums Road to PGA Blvd 4LD 31500 0.95 29925 32700 2% 356 30281 0.93 1.09% no PGA Blvd to Florida Blvd 2L 24000 0.95 22800 15400 1% 178 22978 1.49 1.16% YES Australian Avenue 45th Street to Martin Luther King Jr Blvd 4LD_ 29100 0.95 27645 32700 0% 0 27645 0.85 0.00% no Martin Luther King Jr Blvd to Blue Heron Blvd 4LD 22000 0.95 20900 32700 1% 178 21078 0.64 0.54% no Ellison Wilson Rd PGA Blvd to Universe Blvd 2L 14000 0.95 13300 15400 1% 178 13478 0.88 1.16% no Broadway Martin Luther King Jr Blvd to Blue Heron Blvd 4LD 26900 0.95 25555 32700 2% 356 25911 0.79 1.09% no Park Ave to Northlake Blvd 4LD 26600 0.95 25270 32700 2% 356 25626 0.78 1.09% no US/ Northlake Blvd to McLaren Rd 6LD 35000 0.95 33250 49200 4% 713 33963 0.69 1.45% no McLaren Rd to PGA Blvd 4LD 33000 0.95 31350 32700 2% 356 31706 0.97 1.09% no PGA Blvd to Juno Isles Blvd 4LD 45000 0.95 42750 32700 1% 178 42928 1.31 0.54% no (1) See Appendix D. (2) Designated a CRALLS facility. The adopted CRALLS service volume is shown. (3) Designated an SIS/FIHS facility. • OF . 4/13/2009 Assign 09-010 4-9-09 Exhibit 3B Hilltop Commercial Project Traffic Assignment - 2025 Analysis Proposed Land Use Designation/Proposed Development Plan 2025 Conditions Net Project Traffic Total Significant 2025 2025 Pk Season Adj.2025 LOS D 6989 Total Project Impacts Roadway Link Lanes Volume(1) Fador Volume Capacity. %Dist Trips Traffic V/C Impact Y/N Haverhill Rd to Military Trail 6LD 53000 0.95 50350 49200 6% 419 50769 1.03 0.85% no Military Trail to 1-95 6LD 58000 0.95 55100 49200 18% 1258 56358 1.15 2.56% no 1-95 to Congress Ave (2) 61.13 49000 0.95 46550 60000 37% 2586 49136 0.82 4.31% YES Northlake Blvd Congress Ave to Alternate A1A 6LD 46000 0.95 43700 49200 30% 2097 45797 0.93 4.26% YES Alternate A1A to Prosperity Farms Rd 6LD 46000 0.95 43700 49200 12% 839 44539 0.91 1.71% no Prosperity Farms Rd to Southwind Dr 6LD 46900 0.95 44555 49200 8% 559 45114 0.92 1.14% no Southwind Dr to US 1 6LD 35700 0.95 33915 49200 6% 419 34334 0.70 0.85% no Park Avenue 10th Ave to US 1 2L 10000 0.95 9500 15400 2% 140 9640 0.63 0.91% no Investment Lane Military Trail to Garden Rd 2L 14300 0.95 13585 15400 6% 419 14004 0.91 2.72% no Silver Beach Rd Congress Ave to Old Dixie Hwy 2L 10000 0.95 9500 15400 5% 349 9849 0.64 2.27% no Old Dixie Hwy to US 1 2L 12500 0.95 11875 15400 2% 140 12015 0.78 0.91% no Blue Heron Blvd to Investment Lane 6LD 41000 0.95 38950 49200 6% 419 39369 0.80 0.85% no Military Trail Investment Lane to Northlake Blvd 6LD 37000 0.95 35150 49200 3% 210 35360 0.72 0.43% no Northlake Blvd to Holly Drive 610 49000 0.95 46550 49200 7% 489 47039 0.96 0.99% no McArthur Blvd Northlake Blvd to Holly Dr 2L 11000 0.95 10450 15400 2% 140 10590 0.69 0.91% no Martin Luther King Jr Blvd to Blue Heron Blvd (3) 4LD 30000 0.95 28500 32700 5% 349 28849 0.88 1.07% no Congress Avenue Blue Heron Blvd to Silver Beach Rd 4LD 26000 0.95 24700 32700 14% 978 25678 0.79 2.99% no Silver Beach Rd to Northlake Blvd 4LD 29300 0.95 27835 32700 33% 2306 30141 0.92 7.05% YES Old Dixie Hwy Blue Heron Blvd to Silver Beach Rd 4LD 30000 0.95 28500 32700 5% 349 28849 0.88 1.07% no Alternate A1A Northlake Blvd to Lighthouse Dr 4LD 31500 0.95 29925 32700 15% 1048 30973 0.95 3.20% YES Lighthouse Dr to Burns Rd 6LD 35000 0.95 33250 49200 12% 839 34089 0.69 1.71% no Prosperity Farms Rd Northlake Blvd to Lighthouse Dr (2) 2L 25000 0.95 23750 20950 3% 210 23960 1.14 1.00% no Lighthouse Dr to Burns Road (2) 2L 19000 0.95 18050 20950 3% 210 18260 0.87 1.00% no 1 Park Ave to Northlake Blvd 4LD 26600 0.95 25270 32700 2% 140 25410 0.78 0.43% , no Northlake Blvd to McLaren Rd 6LD _ 35000 0.95 33250 49200 4% 280 33530 0.68 0.57% no (1) See Appendix D. (2) Designated a CRALLS facility. The adopted CRALLS service volume is shown. (3) Designated an SIS/FIHS facility. . • . 4/13/2009 Assign 09-010 4-9-09 Page 1d2 Exhibit 4A Hilltop Commercial Existing(2008) Daily Traffic Conditions Proposed Land Use Designation at Maximum Intensity 2008 Conditions Net '' • Traffic - Meets Significant Existing Peak Daily' Pk Season Adj.Daily 19270 Total LOS D Std./ Impact/ Roadway Link Lanes Traffic(1) Factor Volume %Dist Trips Traffic Capacity Y/N Y/N Central Blvd to Military Trail 6LD 46639 0.95 44307 5% 964 45271 49200 yes no Military Trail to 1-95 6LD 50243 0.95 47731 4% 771 48502 49200 yes no 1-95 to Alternate A1A 8LD 63100 0.95 59945 0% 0 59945 63800 yes no PGA Blvd Alternate A1A to Gardens Mall 6LD 54026 0.95 51325 3% 578 51903 49200 NO no Gardens Mall to Prosperity Farms Rd 6LD 51054 0.95 48501 3% 578 49079 49200 yes no Prosperity Farms Rd to Ellison Wilson Rd 6LD 37821 0.95 35930 1% 193 36123 49200 yes no Ellison Wilson Rd to US 1 61D 25651 0.95 24368 0% 0 24368 49200 yes no RCA Blvd Alternate A1A to Prosperity Farms Rd 21. 9218 0.95 8757 1% 193 8950 15400 yes no Military Trail to Alternate A1A 4LD 18833 0.95 17891 1% 193 18084 32700 yes no Burns Road Alternate A1A to Sandalwood 4LD 18213 0.95 17302 2% 385 17687 32700 yes no Sandalwood to Prosperity Farms Rd 4LD 9134 0.95 8677 2% 385 9062 32700 yes no Holly Drive Military Trail to Mac Arthur Blvd 2L 6938 0.95 6591 1% 193 6784 15400 yes no Beeline Hwy to Ryder Cup Blvd 6L1D 23076 0.95 21922 4% 771 22693 49200 yes no Ryder Cup Blvd to Haverhill Rd 6LD 34967 0.95 33219 5% 964 34183 49200 yes no Haverhill Rd to Military Trail 6LD 45045 0.95 42793 6% 1156 43949 49200 yes no Military Trail to 1-95 6L1D 48816 0.95 46375 18% 3469 49844 49200 NO YES Northlake Blvd 1-95 to Congress Ave (2) 61.0 53168 0.95 50510 37% 7130 57640 60000 yes YES Congress Ave to Alternate MA 6LD 48949 0.95 46502 30% 5781 52283 49200 NO YES Alternate A1A to Prosperity Farms Rd 6LD 32300 0.95 30685 12% 2312 32997 49200 yes YES Prosperity Farms Rd to Southwind Dr 6LD 36100 0.95 34295 8% 1542 35837 49200 yes no Southwind Dr to US 1 6LD _ 28661 0.95 27228 6% 1156 28384 49200 yes no Park Avenue 10th Ave to US 1 2L 12341 0.95 11724 2% 385 12109 15400 yes no Investment Lane Military Trail to Garden Rd 2L 9163 0.95 8705 6% 1156 9861 15400 yes YES Silver Beach Rd Congress Ave to Old Dixie Hwy 2L 14235 0.95 13523 5% 964 14487 15400 yes YES Old Dixie Hwy to US 1 2L 12823 0.95 12182 2% 385 12567 15400 yes no Beeline Hwy to Military Trail 4LD 17743 0.95 1 6856 2% 385 17241 32700 yes no Military Trail to 1-95 6LD - 33600 0.95 31920 5% 964 32884 49200 yes no Blue Heron Blvd 1-95 to Congress Ave (3) 6LD 41889 0.95 39795 5% 964 40759 49200 yes no Congress Ave to Australian Ave 6LD 33234 0.95 31572 3% 578 32150 49200 yes no Australian Ave to Old Dixie Hwy 6LD 32600 0.95 30970 2% 385 31355 49200 yes no Old Dixie Hwy to US 1 4LD , 18912 0.95 17966 3% 578 18544 32700 , yes no Beeline Hwy Jog Rd to Military Trail (3) 4LD 24280 0.95 23066 2% 385 23451 32700 yes no Military Trail to Congress Ave (3) 4LD 17734 0.95 16847 0% 0 16847 32700 yes no Martin Luther IGng Jr Blvd Congress Ave to Australian Ave (3) 2L 17337 0.95 16470 2% 385 16855 15400 NO no Australian Ave to Old Dixie Hwy (3) 2L 10526 0.95 10000 1% 193 10193 15400 yes no Village Blvd to I-95 6LD 58700 0.95 55765 2% 385 56150 49200 NO no 45th Street 1-95 to Congress Ave (3) 6LD 54000 0.95 51300 1% 193 51493 49200 NO no Congress Ave to Australian Ave (3) 6LD 44580 0.95 _ 42351 0% 0 42351 49200 - yes no • • • 4/13/2009 Assign 09-010 4-9-09 Page 2 042 Exhibit 4A Hilltop Commercial Existing (2008) Daily Traffic Conditions Proposed Land Use Designation at Maximum Intensity 2008 Conditions Net,Prooed Traffic Meets Significant Existing Peak Daily Pk Season'Adj.Daily 19270 Total LOS D Std.? Impact? Roadway Link Lanes Traffic(1) Factor Volume %Dist Trips Traffic Capacity Y/N Y/N 45th Street to Beeline Hwy 6LD 35305 0.95 33540 4% 771 34311 49200 yes no Beeline Hwy to Blue Heron Blvd 6LD 29693 0.95 28208 4% 771 28979 49200 yes no Blue Heron Blvd to Investment Lane 6LD 30201 0.95 28691 6% 1156 29847 49200 yes no Military Trail Investment Lane to Northlake Blvd 6LD 35641 0.95 33859 3% 578 34437 49200 yes no Northlake Blvd to Holly Drive 6LD 40491 0.95 38466 7% 1349 39815 49200 yes no Holly Drive to PGA Blvd 6LD 42401 0.95 40281 5% 964 41245 49200 yes no PGA Blvd to 1-95 6LD 37425 0.95 35554 1% 193 35747 49200 yes no 1-95 to Hood Road 6LD 24849 0.95 23607 1% 193 23800 49200 yes no McArthur Blvd Northlake Blvd to Holly Dr 2L 8438 0.95 8016 2% 385 8401 15400 yes no Presidential Way to 45th Street 4LD 24585 0.95 23356 2% 385 23741 32700 yes no 45th Street to Martin Luther King Jr Blvd 6LD 35903 0.95 34108 , 3% 578 34686 49200 yes no Congress Avenue Martin Luther King Jr Blvd to Blue Heron Blvd (3) 4LD 23589 0.95 22410 5% 964 23374 32700 yes no Blue Heron Blvd to Silver Beach Rd 4LD 23652 0.95 22469 14% 2698 25167 32700 yes YES Silver Beach Rd to Northlake Blvd 410 27966 0.95 26568 33% 6359 32927 32700 NO YES Old Dixie Hwy Martin Luther King Jr Blvd to Blue Heron Blvd 4LD 14144 0.95 13437 1% 193 13630 32700 yes no Blue Heron Blvd to Silver Beach Rd 4LD 14913 0.95 14167 5% 964 15131 32700 yes no Northlake Blvd to Lighthouse Dr 4LD 23434 0.95 22262 15% 2891 25153 32700 yes YES Lighthouse Dr to Burns Rd 4LD 23813 0.95 22622 12% 2312 24934 32700 yes YES Alternate A1A Burns Rd to RCA Blvd 4LD 26004 0.95 24704 8% 1542 26246 32700 yes no RCA Blvd to PGA Blvd 6LD 26253 1 0.95 1 24940 7% 1349 26289 49200 yes no PGA Blvd to Hood Rd 6LD 31295 0.95 29730 4% 771 30501 49200 yes no Northlake Blvd to Lighthouse Dr (2) 2L 16426 0.95 15605 3% 578 16183 20950 yes no Prosperity Farms Rd Lighthouse Dr to Burns Road (2) 2L 18270 0.95 17357 3% 578 17935 20950 yes no Bums Road to PGA Blvd 4LD 21762 0.95 20674 2% 385 21059 32700 yes no PGA Blvd to Florida Blvd 2L 17590 0.95 16711 1% 193 16904 15400 NO YES Australian Avenue 45th Street to Martin Luther King Jr Blvd 4LD 20269 0.95 19256 0% 0 19256 32700 yes no Martin Luther King Jr Blvd to Blue Heron Blvd 4LD _ 14188 0.95 13479 1% 193 13672 32700 yes no Ellison Wilson Rd PGA Blvd to Universe Blvd 2L 10228 0.95 9717 1% 193 9910 15400 yes no Broadway Martin Luther King Jr Blvd to Blue Heron Blvd 4LD 30316 0.95 28800 2% 385 29185 32700 yes no Park Ave to Northlake Blvd 4LD , 29813 0.95 28322 2% 385 28707 32700 yes no US 1 Northlake Blvd to McLaren Rd 6LD 30191 0.95 28681 4% 771 29452 49200 yes no McLaren Rd to PGA Blvd 4LD 26304 0.95 24989 2% 385 25374 32700 yes no _PGA Blvd to Juno Isles Blvd 4LD 31381 _ 0.95 _ 29812 _ 1% 193 _ 30005 _ 32700 yes no (1) See Appendix A. 12) Desipnated a CRALLS facility. The adopted CRALLS service volume is shown. (3) Designated an SIS/FIHS facility. • 0 4/13/2009 Assign 09010 4-9-09 Exhibit 4B Hilltop Commercial Existing (2008) Daily Traffic Conditions Proposed Land Use Designation/Proposed Development Plan 2008 Conditions Net Project Traffic Meets Significant Existing Peak Daily Pk Season Adj.Daily 8445 Total LOS D Std.? Impact? Roadway link Lanes Traffic(1) Factor Volume %Dist Trips Traffic Capacity Y/N Y/N Haverhill Rd to Military Trail 6LD 45045 0.95 42793 6% 507 43300 49200 yes no Military Trail to 1-95 6113 48816 0.95 46375 18% 1520 47895 49200 yes YES 1-95 to Congress Ave (2) 6LD 53168 0.95 50510 37% 3125 53635 60000 yes YES Northlake Blvd Congress Ave to Alternate A1A 6LD 48949 0.95 46502 30% 2534 49036 49200 yes YES Alternate Al A to Prosperity Farms Rd 6LD 32300 0.95 30685 12% 1013 31698 49200 yes YES Prosperity Farms Rd to Southwind Dr 6LD 36100 0.95 34295 8% 676 34971 49200 yes no Southwind Dr to US 1 6LD 28661 0.95 27228 6% 507 _ 27735 49200 yes no Park Avenue 10th Ave to US 1 21 12341 0.95 11724 2% 169 11893 15400 yes no Investment Lane Military Trail to Garden Rd 21 9163 0.95 8705 6% 507 9212 15400 yes YES Silver Beach Rd Congress Ave to Old Dixie Hwy 21 14235 0.95 13523 , 5% , 422 13945 15400 yes YES Old Dixie Hwy to US 1 2L 12823 0.95 12182 2% 169 12351 15400 yes no Blue Heron Blvd to Investment Lane 6LD 30201 0.95 28691 6% 507 29198 49200 yes no Military Trail Investment Lane to Northlake Blvd 6LD _ 35641 0.95 33859 3% 253 34112 49200 yes no Northlake Blvd to Holly Drive 6LD 40491 0.95 38466 7% 591 39057 , 49200 yes no McArthur Blvd Northlake Blvd to Holly Dr 21 8438 0.95 8016 2% 169 8185 15400 yes no Martin Luther King Jr Blvd to Blue Heron Blvd (3) 4LD 23589 0.95 22410 5% 422 22832 32700 yes no Congress Avenue Blue Heron Blvd to Silver Beach Rd 4LD 23652 0.95 22469 14% 1182 23651 32700 yes YES Silver Beach Rd to Northlake Blvd 4LD 27966 0.95 26568 33% 2787 29355 32700 yes YES Old Dixie Hwy Blue Heron Blvd to Silver Beach Rd 41D 14913 0.95 14167 5% 422 14589 32700 yes no Alternate Al Northlake Blvd to Lighthouse Dr 4LD 23434 0.95 22262 15% 1267 23529 32700 yes YES Lighthouse Dr to Burns Rd 4LD 23813 0.95 22622 12% 1013 23635 32700 yes YES Prosperity Farms Rd Northlake Blvd to Lighthouse Dr (2) _ 2L 16426 • 0.95 15605 3% 253 15858 20950 yes no Lighthouse Dr to Burns Road (2) 2L 18270 0.95 17357 3% 253 17610 20950 yes no US 1 Park Ave to Northlake Blvd 4LD 29813 0.95 28322 2% 169 28491 32700 yes no Northlake Blvd to McLaren Rd 6LD 30191 _ 0.95 28681 4% _ 338 _ 29019 49200 yes no (1) See Appendix A. (2) Designated a CRALLS facility. The adopted CRALLS service volume is shown. 13) Designated an SIS/FIHS facility. 0 • I 41142009 Assign 09-010 4-949 Page 1 d 2 Exhibit 5A Hilltop Commercial Project Traffic Assignment- Test 2 Proposed Land Use Designation at Maximum Intensity Net Prated Traffic Total Significant lanes 1771 LOS E Project Impadt Roadway Link (1) %Dist Trips Capacity Impact Y/N Central Blvd to Military Trail 6LD 5% 89 4920 1.81% no Military Trail to 1-95 6LD 4% 71 4920 1.44% no 1-95 to Alternate AlA 8LD 0% 0 6360 0.00% no PGA Blvd Alternate Al A to Gardens Mall 6LD 3% 53 4920 1.08% no Gardens Mall to Prosperity Farms Rd 6LD 3% 53 4920 1.08% no Prosperity Farms Rd to Ellison Wilson Rd 6LD 1% 18 4920 0.37% no Ellison Wilson Rd to US 1 6LD 0% 0 4920 0.00% no RCA Blvd Alternate Al A to Prosperity Farms Rd 2L 1% 18 1550 1.16% no Military Trail to Alternate Al A 4LD 1% 18 3270 0.55% no Burns Road Alternate AlA to Sandalwood 4LD 2% 35 3270 1.07% no Sandalwood to Prosperity Farms Rd 4LD 2% 35 3270 1.07% no Holly Drive Military Trail to Mac Arthur Blvd 2L 1% 18 1550 1.16% no Beeline Hwy to Ryder Cup Blvd 6LD 4% 71 4920 1.44% no Ryder Cup Blvd to Haverhill Rd 6LD 5% 89 4920 1.81% no Haverhill Rd to Military Trail 6LD 6% 106 4920 2.15% no Military Trail to 1-95 6LD 18% 319 4920 6.48% YES Northlake Blvd 1-95 to Congress Ave (2) 6LD 37% 655 5460 12.00% YES Congress Ave to Alternate AlA 6LD 30% 531 4920 10.79% YES Alternate AlA to Prosperity Farms Rd 6LD 12% 213 4920 4.33% _ YES Prosperity Farms Rd to Southwind Dr 6LD 8% 142 4920 2.89% no Southwind Dr to US 1 6LD 6% 106 4920 2.15% no Park Avenue 10th Ave to US 1 2L 2% 35 1550 2.26% no Investment Lane Military Trail to Garden Rd 2L 6% 106 1550 6.84% YES Silver Beach Rd Congress Ave to Old Dixie Hwy 2L 5% 89 1550 5.74% YES Old Dixie Hwy to US 1 2L 2% 35 1550 2.26% no Beeline Hwy to Military Trail 4LD 2% 35 3270 1.07% no Military Trail to 1-95 6LD 5% 89 4920 1.81% no Blue Heron Blvd 1-95 to Congress Ave (3) 6LD 5% 89 4680 1.90% no Congress Ave to Australian Ave 6LD 3% 53 4920 1.08% no Australian Ave to Old Dixie Hwy 6L0 2% 35 4920 0.71% no Old Dixie Hwy to US 1 4LD 3% 53 3270 1.62% no Beeline Hwy Jog Rd to Military Trail (3) 4LD 2% 35 3110 1.13% no Military Trail to Congress Ave (3) 410 0% 0 3110 0.00% no Martin Luther Zang Jr Blvd Congress Ave to Australian Ave (3) 4LD 2% 35 3110 1.13% no Australian Ave to Old Dixie Hwy (3) 4LD 1% 18 3110 0.58% no Village Blvd to I-95 6LD 2% 35 4920 0.71% no 45th Street 1-95 to Congress Ave (3) 6LD 1% 18 4680 0.38% no Congress Ave to Australian Ave (3) 6LD 0% 0 4680 0.00% no . • a 4/14/2009 Assign 09-010 4.9-09 Page 2112 Exhibit 5A Hilltop Commercial Project Traffic Assignment- Test 2 Proposed Land Use Designation at Maximum Intensity Net Protect Traffic Total Significant Lanes 1771 LOS E Project Impact! Roadway Link (1) %Dist Trips Capacity Impact Y/N 45th Street to Beeline Hwy 6LD 4% 71 4920 1.44% no Beeline Hwy to Blue Heron Blvd 6LD 4% 71 4920 1.44% no Blue Heron Blvd to Investment Lane 6LD 6% 106 4920 2.15% no Military Trail Investment Lane to Northlake Blvd 6LD 3% 53 4920 , 1.08% no Northlake Blvd to Holly Drive 61D 7% 124 4920 2.52% no Holly Drive to PGA Blvd 6113 5% 89 4920 1.81% no PGA Blvd to 1-95 6LD 1% 18 4920 0.37% no 1-95 to Hood Road 6LD 1% 18 4920 0.37% no McArthur Blvd Northlake Blvd to Holly Dr 2L 2% 35 1550 2.26% no Presidential Way to 45th Street 4LD 2% 35 3270 1.07% no 45th Street to Martin Luther King Jr Blvd 6LD 3% 53 4920 1.08% no Congress Avenue Martin Luther King Jr Blvd to Blue Heron Blvd (3) 4LD 5% 89 3110 2.86% no Blue Heron Blvd to Silver Beach Rd 4LD i 14% 248 3270 7.58% YES Silver Beach Rd to Northlake Blvd 4LD 33% 584 3270 17.86% YES Old Dixie Hwy Martin Luther King Jr Blvd to Blue Heron Blvd 4LD 1% 18 3270 0.55% no Blue Heron Blvd to Silver Beach Rd 4LD 5% 89 3270 2.72% no Northlake Blvd to Lighthouse Dr 4LD 15% 266 3270 8.13% YES Lighthouse Dr to Burns Rd 4LD 12% 213 3270 6.51% _ YES Alternate AlA Burns Rd to RCA Blvd 4LD 8% 142 3270 4.34% YES RCA Blvd to PGA Blvd 6LD 7% 124 4920 2.52% no PGA Blvd to Hood Rd 6LD 4% 71 4920 1.44% no Northlake Blvd to Lighthouse Dr (2) 2L 3% 53 1948 2.72% no Prosperity Farms Rd Lighthouse Dr to Burns Road (2) 2L 3% 53 1948 2.72% no Bums Road to PGA Blvd 4LD 2% 35 3270 1.07% no PGA Blvd to Florida Blvd 2L 1% 18 1550 1.16% no Australian Avenue 45th Street to Martin Luther King Jr Blvd 4LD 0% 0 3270 0.00% no Martin Luther King Jr Blvd to Blue Heron Blvd . 4LD 1% 18 3270 0.55% no Ellison Wilson Rd PGA Blvd to Universe Blvd 2L 1% 18 1550 1.16% no Broadway Martin Luther King Jr Blvd to Blue Heron Blvd 4LD 2% 35 3270 1.07% no Park Ave to Northlake Blvd 4LD 2% 35 3270 1.07% no US 1 Northlake Blvd to McLaren Rd 6LD 4% 71 4920 1.44% no McLaren Rd to PGA Blvd 4LD 2% 35 3270 1.07% no PGA Blvd to Juno Isles Blvd 4LD 1% 18 3270 0.55% no (1) Represents Year 2013 roadway network. (2) Designated a CRALLS facility. The adopted CRALLS service volume is shown. (3) Designated an SLSWFIHS facility. • I! ir 4/14/2009 Magi 09-010 4-9-09 Page 1of2 Exhibit 5B Hilltop Commercial Project Traffic Assignment- Test 2 Proposed Land Use Designation/Proposed Development Plan Net Pried Traffic Total Significant Lanes 710 LOS E Project Impact; Roadway link (1) %Dist Trips Capacity Impact Y/N Central Blvd to Military Trail 6LD 5% 36 4920 0.73% no Military Trail to 1-95 6LD 4% 28 4920 0.57% no 1-95 to Alternate MA 81D 0% 0 6360 0.00% no PGA Blvd Alternate AlA to Gardens Mall 6LD 3% 21 4920 0.43% no Gardens Mall to Prosperity Farms Rd 6LD 3% 21 4920 0.43% no Prosperity Farms Rd to Ellison Wilson Rd 6LD 1% 7 4920 0.14% no Ellison Wilson Rd to US 1 6LD 0% 0 4920 0.00% no RCA Blvd Alternate AlA to Prosperity Farms Rd 2L 1% 7 1550 0.45% no Military Trail to Alternate AlA 4LD 1% 7 3270 0.21% no Burns Road Alternate AlA to Sandalwood 4LD 2% 14 3270 0.43% no Sandalwood to Prosperity Farms Rd 4LD 2% 14 3270 0.43% no Holly Drive Military Trail to Mac Arthur Blvd 21 1% 7 1550 0.45% no Beeline Hwy to Ryder Cup Blvd 6W 4% 28 4920 0.57% no Ryder Cup Blvd to Haverhill Rd 610 5% 36 4920 0.73% no Haverhill Rd to Military Trail 61D 6% 43 4920 0.87% no Military Trail to 1-95 6LD 18% 128 4920 2.60% no Northlake Blvd 1-95 to Congress Ave (2) 6LD 37% 263 5460 4.82% YES Congress Ave to Alternate AlA 6LD 30% 213 4920 4.33% YES Alternate Al A to Prosperity Farms Rd 6LD 12% _ 85 4920 1.73% no Prosperity Farms Rd to Southwind Dr 6LD 8% 57 4920 1.16% no Southwind Dr to US 1 6LD 6% 43 4920 0.87% no Park Avenue 10th Ave to US 1 2L 2% 14 1550 0.90% no Investment Lane Military Trail to Garden Rd 21. 6% 43 1550 2.77% no Silver Beach Rd Congress Ave to Old Dixie Hwy 2L 5% 36 1550 2.32% no Old Dixie Hwy to US 1 2L 2% 14 1550 0.90% no Beeline Hwy to Military Trail 4LD 2% 14 3270 0.43% no Military Trail to 1-95 • 6LD 5% 36 4920 0.73% no Blue Heron Blvd 1-95 to Congress Ave (3) 6LD 5% 36 4680 0.77% no Congress Ave to Australian Ave 6LD 3% 21 4920 0.43% no Australian Ave to Old Dixie Hwy 6LD 2% 14 4920 0.28% no Old Dixie Hwy to US 1 4L0 3% 21 3270 0.64% no Beeline Hwy Jog Rd to Military Trail (3) 41D 2% 14 3110 0.45% no Military Trail to Congress Ave (3) 4LD 0% 0 3110 0.00% no Martin Luther King Jr Blvd Congress Ave to Australian Ave (3) 4LD 2% 14 3110 0.45% no Australian Ave to Old Dixie Hwy (3) 4LD 1% 7 3110 0.23% no Village Blvd to 1-95 6LD 2% 14 4920 0.28% no 45th Street 1-95 to Congress Ave (3) 6LD 1% 7 4680 0.15% no Congress Ave to Australian Ave (3) 6LD , 0% 0 4680 0.00% no • I I 4/14/2009 Assign 09.010 4-9-09 Page 2012 Exhibit 5B Hilltop Commercial Project Traffic Assignment- Test 2 Proposed Land Use Designation/Proposed Development Plan Net Proiect Traffic Total Significant Lanes 710 LOS E Project Impact? Roadway Link (1) %Dist Trips Capacity Impact Y/N 45th Street to Beeline Hwy 6LD 4% 28 4920 0.57% no Beeline Hwy to Blue Heron Blvd 6LD 4% 28 4920 0.57% no Blue Heron Blvd to Investment Lane 6LD 6% 43 4920 0.87% no Military Trail Investment Lane to Northlake Blvd 6LD 3% 21 4920 0.43% no Northlake Blvd to Holly Drive 6LD 7% 50 4920 1.02% no Holly Drive to PGA Blvd 6LD 5% 36 4920 0.73% no PGA Blvd to 1-95 6LD 1% 7 _ 4920 0.14% no 1-95 to Hood Road 6LD 1% 7 4920 0.14% no McArthur Blvd Northlake Blvd to Holly Dr 2L 2% 14 1550 0.90% no Presidential Way to 45th Street 4LD 2% 14 3270 0.43% no 45th Street to Martin Luther King Jr Blvd 6LD 3% 21 4920 0.43% no Congress Avenue Martin Luther King Jr Blvd to Blue Heron Blvd (3) 4LD 5% 36 3110 1.16% no Blue Heron Blvd to Silver Beach Rd 4LD 14% 99 3270 3.03% YES Silver Beach Rd to Northlake Blvd 4LD 33% 234 3270 7.16% YES Old Dixie Hwy Martin Luther King Jr Blvd to Blue Heron Blvd 4LD 1% _ 7 3270 0.21% no Blue Heron Blvd to Silver Beach Rd 4LD ,. 5% 36 3270 1.10% no Northlake Blvd to Lighthouse Dr 4LD 15% 107 3270 3.27% YES Lighthouse Dr to Burns Rd 4LD 12% 85 3270 2.60% no Alternate A1A Burns Rd to RCA Blvd 4LD 8% 57 3270 1.74% no RCA Blvd to PGA Blvd 6LD 7% 50 4920 1.02% no PGA Blvd to Hood Rd 6LD 4% 28 4920 0.57% no Northlake Blvd to Lighthouse Dr (2) 2L 3% 21 1948 1.08% no Prosperity Farms Rd Lighthouse Dr to Burns Road (2) 2L 3% 21 1948 1.08% no Bums Road to PGA Blvd 410 2% 14 3270 0.43% no PGA Blvd to Florida Blvd 21 1% 7 1550 0.45% no Australian Avenue 45th Street to Martin Luther King Jr Blvd 4LD 0% 0 3270 0.00% no Martin Luther King jr Blvd to Blue Heron Blvd 41D 1% 7 3270 0.21% no Ellison Wilson Rd PGA Blvd to Universe Blvd 2L 1% 7 1550 0.45% no Broadway Martin Luther King Jr Blvd to Blue Heron Blvd 4LD 2% 14 3270 0.43% no Park Ave to Northlake Blvd 4LD 2% 14 3270 0.43% no US 1 Northlake Blvd to McLaren Rd 6LD 4% 28 4920 0.57% no McLaren Rd to PGA Blvd 4LD 2% 14 3270 0.43% no PGA Blvd to Juno Isles Blvd 4LD 1% 7 3270 0.21% no (1) Represents Year 2013 roadway network. (2) Designated a CRALLS facility. The adopted CRALLS service volume is shown. (3) Designated an SIS/FIHS facility. . • I 4/14/2009 test2 09-010 4-9-09 Exhibit 6A Hilltop Commercial Test 2 Link Analysis Proposed Land Use Designation at Maximum Intensity AM PEAK HOUR Existing Committed Project Analysis(2) Total LOS E Meets Roadway Link Lanes (2008)(1) Projects 1%Gwth Total Project (2013) Service Vol. Std? Military Trail to 1-95 6LD 3420 250 174 424 95 3939 4920 Yes Northlake Blvd 1-95 to Congress Ave (3) 6LD 3538 408 180 588 195 4321 5460 Yes Congress Ave to Alternate AlA 6LD 3483 401 178 579 158 4220 4920 Yes Alternate Al A to Prosperity Farms Rd (4) 6LD 2891 396 147 543 63 3497 4920 Yes Inverstment Lane Military Trail to Garden Rd 2L 876 26 45 71 32 979 1550 Yes Silver Beach Rd Congress Ave to Old Dixie Hwy 2L 1095 158 56 214 26 1335 1550 Yes Congress Ave Blue Heron Blvd to Silver Beach Rd 4LD 1639 386 84 470 74 2183 3270 Yes Silver Beach Rd to Northlake Blvd 4LD 1885 352 96 448 174 2507 3270 Yes Northlake Blvd to Lighthouse Dr 4LD 1650 157 84 241 79 1970 3270 Yes Alternate Al Lighthouse Dr to Burns Rd 4LD 1799 206 92 298 63 2160 3270 Yes Burns Rd to RCA Blvd 4LD 2104 259 107 366 42 2512 3270 Yes PM PEAK HOUR Existing Committed Project Analysis(2) Total LOS E Meets Roadway Link Lanes (2008)(1) Projects 1%Gwth Total Project (2013) Service Vol. Std? Military Trail to 1-95 6LD 3881 311 198 509 319 4709 4920 Yes Northlake Blvd 1-95 to Congress Ave (3) 6LD 4139 839 211 1050 655 5844 5460 NO Congress Ave to Alternate Al A 6LD 3802 794 194 988 531 5321 4920 NO Alternate Al A to Prosperity Farms Rd (4) 6LD 3232 751 165 916 213 4361 4920 Yes lnverstment Lane Military Trail to Garden Rd 2L 966 106 49 155 106 1227 1550 Yes Silver Beach Rd Congress Ave to Old Dixie Hwy 2L 1235 234 _ 63 297 89 1621 1550 NO Congress Ave Blue Heron Blvd to Silver Beach Rd 4LD 2055 556 105 661 248 2964 3270 Yes Silver Beach Rd to Northlake Blvd 4LD 2302 664 117 781 584 3667 3270 NO Northlake Blvd to Lighthouse Dr 4LD 1973 197 101 298 266 2537 3270 Yes Alternate Al A Lighthouse Dr to Burns Rd 4LD 2118 261 108 369 213 2700 3270 Yes Burns Rd to RCA Blvd 4LD 2225 315 113 428 142 2795 3270 Yes (1) Count data included in Appendix A. (2) Committed development data from County as provided in Appendix B. (3) Designated a CRALLS facility. The adopted CRALLS service volume is shown. (4) Count data not available. Utilized average of adjacent counts. 0 • I 4/14/2009 test2 09-010 4-9-09 Exhibit 6B Hilltop Commercial Test 2 Link Analysis Proposed Land Use Designation/ Proposed Development Plan AM PEAK HOUR Existing Committed Project Analysis(2) Total LOS E Meets Roadway Link Lanes (2008)(1) Projects 1%Gwth Total Project (2013) Service Vol. Std? Northlake Blvd 1-95 to Congress Ave (3) 6LD 3538 408 180 588 42 4168 5460 Yes Congress Ave to Alternate Al A 6LD 3483 401 178 579 34 4096 4920 Yes Congress Ave Blue Heron Blvd to Silver Beach Rd 4LD 1639 386 84 470 16 2125 3270 Yes Silver Beach Rd to Northlake Blvd 4LD 1885 352 96 448 38 2371 3270 Yes Alternate A1A Northlake Blvd to Lighthouse Dr 4LD 1650 157 84 241 17 1908 3270 Yes PM PEAK HOUR Existing Committed Project Analysis(2) Total LOS E Meets Roadway Link Lanes (2008)(1) Projects 1%Gwth Total Project (2013) Service Vol. Std? Northlake Blvd 1-95 to Congress Ave (3) 6LD 4139 839 211 1050 263 5452 5460 Yes Congress Ave to Alternate Al A 6LD 3802 794 194 988 213 5003 4920 NO Congress Ave Blue Heron Blvd to Silver Beach Rd 4LD 2055 556 105 661 99 2815 3270 Yes Silver Beach Rd to Northlake Blvd 4LD 2302 664 117 781 234 3317 3270 NO - Alternate Al A Northlake Blvd to Lighthouse Dr 4LD 1973 197 101 298 107 2378 3270 Yes (1) Count data included in Appendix A. (2) Committed development data from County as provided in Appendix B. (3) Designated a CRALLS facility. The adopted CRALLS service volume is shown. r • dr 4/14/2009 test2 09-010 4-9-09 Exhibit 7A Hilltop Commercial Test 2 Link Analysis - Optional Analysis I Proposed Land Use Designation at Maximum Intensity PM PEAK HOUR Existing Committed Project Analysis(2) Total LOSE Meets Roadway Link Dir. Lanes (2008)(1) Projects 1%Gwth, Total Project (2013) Service Vol. Std? 1-95 to Congress Ave (3) EB 6LD 1807 380 92 472 310 2589 3890 Yes Northlake Blvd WB 6LD 2366 459 121 580 346 3292 3890 Yes Congress Ave to Alternate AlA EB 6LD 1941 428 99 527 280 2748 2710 NO WB 6LD 1882 366 96 462 251 2595 2710 Yes Silver Beach Rd Congress Ave to Old Dixie Hwy EB 2L 627 74 32 106 47 780 850 Yes WB 2L 608 160 31 191 42 841 850 Yes Congress Ave Silver Beach Rd to Northlake Blvd NB 4LD 1282 403 65 468 276 2026 1800 NO 56 4LD 1030 262 53 315 308 1653 1800 Yes (1) Count data included in Appendix A. (2) Committed development data from County as provided in Appendix B. (3) Designated a CRALLS facility. The adopted CRALLS service volume is shown. • • • 4/14/2009 test2 09-010 4.9.09 Exhibit 7B Hilltop Commercial Test 2 Link Analysis -Optional Analysis I Proposed Land Use Designation/Proposed Development Plan PM PEAK HOUR Existing Committed Project Analysis(2) Total LOS E Meets Roadway Link Dir. Lanes (2008)(1) Projects 1%Gwth Total Project (2013) Service Vol. Stdt Northlake Blvd Congress Ave to Alternate A1A EB 6LD 1941 428 99 527 115 2583 2710 Yes WB 6LD 1882 366 96 462 98 2442 2710 Yes Congress Ave Silver Beach Rd to Northlake Blvd NB 4LD 1282 403 65 468 108 1858 1800 NO SB 4LD 1030 262 53 315 126 1471 1800 Yes (1) Count data included in Appendix A. (2) Committed development data from County as provided in Appendix B. • • a 4/14/2009 test2 09-010 4-9-09 Exhibit 8A Hilltop Commercial Test 2 Link Analysis -Optional Analysis II Proposed Land Use Designation at Maximum Intensity PM PEAK HOUR Existing Committed Project Analysis(2) Total LOS E Meets Roadway Link Dir. Lanes (2008)(1) Projects 1%Gwth Total Project (2013) Service Vol. Std1 Northlake Blvd Congress Ave to Alternate A1A EB 6LD 1941 428 99 527 280 2748 2790 Yes WB 6LD 1882 366 96 462 251 2595 2790 Yes Congress Ave Silver Beach Rd to Northlake Blvd NB 4LD 1282 403 65 468 276 2026 1860 NO SB 4LD _ 1030 262 53 315 308 1653 1860 Yes (1) Count data included in Appendix A. (2) Committed development data from County as provided in Appendix B. dir 4/14/2009 test2 09-010 4-9-09 Exhibit 86 Hilltop Commercial Test 2 Link Analysis -Optional Analysis II Proposed Land Use Designation/Proposed Development Plan PM PEAK HOUR Existing Committed Project Analysis(2) Total LOS E Meets Roadway Link Dir. Lanes (2008)(1) Projects 1%Gwth Total Project (2013) Service Vol. Std? Congress Ave Silver Beach Rd to Northlake Blvd NB 4LD 1282 403 65 468 108 1858 1860 Yes 5B 4LD 1030 262 53 315 126 1471 1860 Yes (1) Count data included in Appendix A. (2) Committed development data from County as provided in Appendix B. • Int AnI 09-010 4-9-09 4/14/2009 Exhibit 9 Hilltop Commercial Test 2 Link Analysis -Optional Analysis II Intersection Analysis (1) Year 2013 PM Peak Hour Maximum Intensity Proposed Dev. Plan Critical Capacity Critical Capacity Intersection Volume Level (2) Volume Level (2) Northlake Blvd & Congress Ave 1774 OVER 1392 NEAR Not Not Northlake Blvd &Alt. A1A 1646 OVER Required Required Silver Beach Rd & Congress Ave 1316 NEAR 1252 NEAR (1)See Appendix C for intersection capacity analyses. (2) LOS E intersection critical sum volume capacity is 1500. • • 4IP 4/14/2009 Assign 09-010 4-9-09 Exhibit 10A Hilltop Commercial 2025 Daily Traffic Conditions Proposed Land Use Designation at Maximum Intensity 2025 Conditions _ Net Project Traffic 2025 2025 2025 Pk Season Adj.2025 17814 Total LOS D Roadway Link Lanes Volume(1) Factor Volume %Dist Trips Traffic Capacity LOS Military Trail to 1-95 6LD 58000 0.95 55100 18% 3207 58307 49200 F Northlake Blvd 1-95 to Congress Ave (2) - 6LD 49000 0.95 46550 37% 6591 53141 60000 D Congress Ave to Alternate A1A 6LD 46000 0.95 43700 30% 5344 49044 49200 D Alternate A1A to Prosperity Farms Rd 6LD 46000 0.95 43700 12% 2138 45838 49200 D Investment Lane Military Trail to Garden Rd 2L 14300 0.95 13585 6% 1069 14654 15400 D Silver Beach Rd Congress Ave to Old Dixie Hwy 2L 10000 0.95 9500 5% 891 10391 15400 C Congress Avenue Blue Heron Blvd to Silver Beach Rd 4LD 26000 0.95 24700 14% 2494 27194 32700 D Silver Beach Rd to Northlake Blvd 4LD 29300 0.95 27835 33% 5879 33714 32700 E Alternate MA Northlake Blvd to Lighthouse Dr 4LD 31500 0.95 29925 15% - 2672 32597 32700 D Lighthouse Dr to Burns Rd 6LD 35000 0.95 _ 33250 12% 2138 35388 49200 C Prosperity Farms Rd PGA Blvd to Florida Blvd 21. 24000 0.95 22800 1% 178 22978 15400 F (1) See Appendix D. (2) Designated a CRALLS facility. The adopted CRALLS service volume is shown. • • I 4/14/2009 Assign 09-010 4-9-09 Exhibit 10B Hilltop Commercial 2025 Daily Traffic Conditions Proposed Land Use Designation/ Proposed Development Plan 2025 C_onditions Net Project Traffic 2025 2025 2025 Pk Season Adj.2025 6989 Total LOS D Roadway Link Lanes Volume(1) Factor Volume %Dist Trips Traffic Capacity LOS Northlake Blvd 1-95 to Congress Ave (2) 6LD 49000 0.95 46550 37% 2586 49136 60000 0 Congress Ave to Alternate Al 6LD 46000 0.95 43700 30% 2097 45797 49200 D Congress Avenue Silver Beach Rd to Northlake Blvd 4LD 29300 0.95 27835 33% 2306 30141 32700 D Alternate MA Northlake Blvd to Lighthouse Dr 4LD 31500 0.95 29925 15% 1048 30973 32700 D (1) See Appendix D. (2) Designated a CRALLS facility. The adopted CRALLS service volume is shown. • • • 4/15/2009 Summary 09-010 4-9-09 Exhibit 11 Hilltop Commercial Summary of Impacted Links Exceeding Standards Roadway Links Exceeding Standards Analysis Year Maximum Intensity Scenario Proposed Development Plan Northlake Blvd: Military Trail to 1-95 Existing(2008) Northlake Blvd: Congress Ave to Alternate A1A -- None -- Congress Aver Silver Beach Rd to Northlake Blvd Prosperity Farms Rd: PGA Blvd to Florida Blvd 2013 (Test 2) Northlake Blvd: Congress Ave to Alternate AlA -- None -- Congress Ave: Silver Beach Rd to Northlake Blvd Northlake Blvd: Military Trail to 1-95 2025 Congress Ave: Silver Beach Rd to Northlake Blvd -- None -- Prosperity Farms Rd: PGA Blvd to Florida Blvd • CLEARINGHOUSE NOTICE OF PROPOSED AMENDMENT TO: Lake Park,North Palm Beach,Juno Beach,Jupiter,Riviera Beach,West Palm Beach, Palm Beach County,TCRPC,PBC School Board,Seminole Improvement District, South Indian Water Control District,Indian Trails Improvement District FROM: Anna Yeskey,Clearinghouse Coordinator DATE: June 22,2009 . As a participant local government,this memorandum serves as notice of the following comprehensive plan amendment(s): Initiating Local Government: City of Palm Beach Gardens Reference#: PBG-30(CPMA 09-03-000006) Date of local planning agency hearing for the proposed amendment:July 14,2009 Date of public hearing at which the proposed amendment will be transmitted:September 3,2009 Nature of plan amendments as you have indicated is•desired for review: adjacent cities Palm Beach County. > . . , amendments relating to traffic circulation or the roadway networks; amendments relating to affordable housing. Amendments related to the following elements: X land use . traffic circulation mass trensit . ports and aviation housing infrastructtue sub-elements coastal management fei conservation recreation and open space intergovernmental coordination capital improvements other Instructions:Should you have any objections to these proposed amendments,please respond at least.11 days prior to the transmittal hearing as scheduled, EXECUTIVE SUMMARY FOR COMPREHENSIVE PLAN AMENDMENT Date: June 12.2009 • Reference#: Petition CPMA-09-03-000006 GENERAL INFOR1 ATION Initiating Local Government: qty of palm Beach Gardens Contact Person: Martin Schneider.AICP.Planner Addrese: 10100 N.Military trail.PBG 33410 Telephone/Fax: f 611799-4237!(561)799.-4281 Applicant/Agent: Urban Denim Xilday Studios Telephone/Fax: (5611366-11001(5611366-1111 • a 's i •1 4C urNDiet'�Il General Summary of Amendments: • .•.• }.1.' . �' ,�..,.," of ;.,-;: 4 Moc}ium • t Sol Commercial_(Cl forJillton Gardens site loeakd aen rally north of Noithlake' Boulevard.east of the C-17 Cenral, nnth of theleacmst Utility Richard Road plant,and west of the_Hilltop Park mobile home park. T_amendments relating to traffic circulation or the roadway networks amendments relating to affordable housing Amendments related to the following elements: X future land use traffic cireulatioa ^masa transit ports and aviation. housing infrastructure infrastructure coastal management conservation recreation recreation and open space intergovernmental coordination _capital Improvement r 1 Summary of addition(s)to adopted comprehensive plant None EXECUTIVE SUMMARY FOR COMPREHENSIVE PLAN AMENDMENT Date: June 12, 2009 Reference#: Petition CPMA-09-03-000006 GENERAL INFORMATION Initiating Local Government: City of Palm Beach Gardens Contact Person: Martin Schneider, AICP,Planner Address: 10500 N.Military Trail, PBG 33410 Telephone/Fax: (561)799-4237/(561)799-4281 Applicant/Agent: Urban Design Kilday Studios Telephone/Fax: (561)366-1100/(561)366-1111 • PROPOSED COMPREHENSIVE PLAN AMENDMENT General Summary of Amendments: A request for a Comprehensive Plan Future Land Use Element map amendment from Residential Medium.(RM) t�.Commercial (C) for.Hilltop Gardens site.located generally north of Northlake Boulevard, east of the C-17 Canal, south of the Seacoast Utility Richard Road plant, and west of the Hilltop Park mobile home park. amendments relating to traffic circulation or the roadway networks amendments.relating to affordable housing Amendments related to the following elements: X future land use traffic circulation mass transit ports and aviation housing infrastructure, coastal;management conservation recreation and open space intergovernmental coordination capital improvements Summary of addition(s) to adopted comprehensive plan: None Summary of proposed change(s) to adopted comprehensive plan: A request for a 0 Comprehensive Plan Future Land Use Element map amendment from Residential Medium (RM) to Commercial (C) for Hilltop Gardens site located generally north of Northlake Boulevard, east of the C-17 Canal, south of the Seacoast Utility Richard Road plant, and west of the Hilltop Park mobile home park. Proposed amendment(s) to the Future Land Use Map: A request for a Future Land Use Element map amendment from Residential Medium (RM) to Commercial (C) for Hilltop Gardens site located generally north of Northlake Boulevard, east of the C-17 Canal, south of the Seacoast Utility Richard Road plant, and west of the Hilltop Park mobile home park. Location of proposed map amendment (include a location map): Hilltop Gardens site located generally north of Northlake Boulevard, east of the C-17 Canal, south of the Seacoast Utility Richard Road plant, and west of the Hilltop Park mobile home park (see attached). Size of area proposed for change (acres): 23.16 acres Present Future Land Use Plan designation (include a density/intensity definition): Residential Medium (RM) Proposed Future Land Use Plan designation (include a density/intensity definition): Commercial (C) 411P Present zoning of site (include a density/intensity definition): Residential Medium (RM) Proposed zoning of site (include a density/intensity definition): General Commercial (CG-1) Present Development of Site: Vacant Proposed Development of the Site, if known (number of`dwelling units, commercial square footage, industrial square footage, other proposed usage and intensity): A Comprehensive Plan note will limit development to a maximum of 250,000 sq.ft. commercial Is proposed change a Development of Regional Impact? No. Comprehensive Plan Change Processing: Date/Time/Location Scheduled for Local Planning Agency Public Hearing: July 14, 2009 (tentative) at 6:30 p.m. in the Council Chambers at 10500 N. Military Trail, Palm Beach Gardens, Florida 33410. Date/Time/Location Scheduled for Governing Body Public Hearing: September 3, 2009, (tentative) at 7:00 p.m. in the Council Chambers at,10500 N. Military Trails Palm Beach Gardens, Florida 33410. Scheduled Date for Transmittal to DCA: September 3, 2009 (tentative) 1 ORDINANCE 24, 2009 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA ADOPTING A LARGE SCALE 6 AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN 7 ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 8 163, FLORIDA STATUTES, SPECIFICALLY SECTION 163.3184, ET 9 SEQ., FLORIDA STATUTES, PURSUANT TO APPLICATION NO. 10 CPMA-09-03-000011, WHICH PROVIDES FOR AN AMENDMENT TO 11 THE CITY'S FUTURE LAND USE MAP DESIGNATING ONE (1) 12 PARCEL OF REAL PROPERTY COMPRISING APPROXIMATELY 13 TWENTY-THREE AND 16/100 (23.16±) ACRES, MORE OR LESS, IN 14 SIZE AS "(C) COMMERCIAL"; SUCH PARCEL BEING LOCATED 15 GENERALLY NORTH OF NORTHLAKE BOULEVARD, EAST OF 16 THE C-17 CANAL, SOUTH OF THE SEACOAST UTILITY RICHARD 17 ROAD PLANT, AND WEST OF THE HILLTOP PARK MOBILE HOME 18 PARK, INFORMALLY KNOWN AS "HILLTOP GARDENS"; 19 PROVIDING FOR COMPLIANCE WITH ALL REQUIREMENTS OF 20 CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR 21 TRANSMITTAL TO DCA; PROVIDING A CONFLICTS CLAUSE, A 22 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; 23 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 24 25 26 WHEREAS, the City Council has initiated a large-scale amendment to the 27 Comprehensive Land Use Plan of the City of Palm Beach Gardens, as more specifically 28 described in Exhibit 'A' attached hereto and incorporated herein; and 29 30 WHEREAS, the City recognizes that providing this parcel with a Land Use 31 Designation of Commercial will provide the most appropriate land use designation for 32 the site; and 33 34 WHEREAS, on July 14, 2009, the Planning, Zoning, and Appeals Board, sitting 35 as the duly constituted Local Planning Agency for the City, recommended approval of a 36 the Future Land Use Map of the Comprehensive Plan of the City; and 37 38 WHEREAS, the City Council finds that the subject amendment is consistent with 39 the City's Comprehensive Plan; and 40 41 WHEREAS, the City Council finds that the subject amendment is consistent with 42 Sections 163.3184 and 163.3187, Florida Statutes; and 43 44 WHEREAS, the City Council acknowledges that this amendment is subject to the 45 provisions of Sections 163.3184(9) and 163.3189, Florida Statutes, and that the City 46 shall maintain compliance with all provisions thereof; and Ordinance 24,2009 1 WHEREAS, the City has received public input and participation through public 2 hearings before the Local Planning Agency and the City Council in accordance with 3 Section 163.3181, Florida Statutes; and 4 5 WHEREAS, the City Council has determined that adoption of this Ordinance is in 6 the best interest of the citizens and residents of the City of Palm Beach Gardens. 7 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 10 OF PALM BEACH GARDENS, FLORIDA that: 11 12 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 13 14 SECTION 2. The Future Land Use Map of the City's Comprehensive Plan is 15 hereby amended, as set forth in accordance with Exhibit "A" attached and incorporated 16 herein, for the following described real property: 17 18 LEGAL DESCRIPTION: 19 20 PARCEL 1: 21 A PARCEL OF LAND SITUATED IN SECTION 18, TOWNSHIP 42 SOUTH, RANGE 43 22 EAST WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, 23 PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY 24 DESCRIBED AS FOLLOWS: 25 26 COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 18; THENCE 27 NORTH 01°35'11" EAST, ALONG THE EAST LINE OF SAID SECTION 18, (THE EAST 28 LINE OF THE SOUTHEAST QUARTER (SE '/4) OF SAID SECTION 18 IS ASSUMED 29 TO BEAR NORTH 01°35'11" EAST AND ALL OTHER BEARINGS REFERENCED 30 HEREIN ARE RELATIVE THERETO), A DISTANCE OF 467.00 FEET TO A POINT IN 31 THE NORTH LINE OF THE SOUTH 467.00 FEET OF SAID SECTION. SAID POINT 32 ALSO BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; 33 THENCE CONTINUE NORTH 01°35'11" EAST, ALONG SAID EAST LINE, A 34 DISTANCE OF 866.86 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 35 HALF (S %) OF THE SOUTHEAST QUARTER (SE '/4) OF SAID SECTION 18; 36 THENCE NORTH 88°33'12" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 37 663.32 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (SE 38 '/4) OF THE NORTHEAST QUARTER (NE %) OF THE SOUTHEAST QUARTER (SE 39 '/4) OF SAID SECTION 18; THENCE NORTH 01°36'03" EAST, ALONG THE WEST 40 LINE OF THE SOUTHEAST QUARTER (SE %) OF THE NORTHEAST QUARTER ( NE 41 '/4) OF THE SOUTHEAST QUARTER (SE %) OF SAID SECTION 18, A DISTANCE OF 42 666.27 FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 43 88°36'37" WEST, ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER (SW 44 '/4) OF THE NORTHEAST QUARTER (NE '/4) OF THE SOUTHEAST QUARTER (SE 45 '1/4) OF SAID SECTION 18, A DISTANCE OF 113.83 FEET TO THE EAST RIGHT-OF- 46 WAY LINE OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT'S C-17 2 • Ordinance 24,2009 1 CANAL; THENCE SOUTH 12°26'29" WEST, ALONG SAID CANAL RIGHT-OF-WAY, A 2 DISTANCE OF 1573.76 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 3 453.00 FEET OF SAID SECTION; THENCE SOUTH 88°26'21" EAST, ALONG SAID 4 NORTH LINE, DEPARTING FROM SAID CANAL RIGHT-OF-WAY, A DISTANCE OF 5 973.35 FEET TO A POINT ON A LINE LYING 100.00 FEET WESTERLY OF AND 6 PARALLEL WITH THE EAST LINE OF SAID SECTION 18; THENCE NORTH 01°35'11" 7 EAST, ALONG SAID LINE, A DISTANCE OF 14.00 FEET TO A POINT ON THE 8 NORTH LINE OF THE SOUTH 467.00 FEET OF SAID SECTION; THENCE SOUTH 9 88°26'21" EAST, ALONG SAID LINE, A DISTANCE OF 100.00 FEET TO THE POINT 10 OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. 11 12 PARCEL 2: 13 A PARCEL OF LAND SITUATED IN SECTION 18, TOWNSHIP 42 SOUTH, RANGE 43 14 EAST WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, 15 PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY 16 DESCRIBED AS FOLLOWS: 17 18 THE SOUTH 147.58 FEET OF THE WEST 147.58 FEET OF THE SOUTHEAST 19 QUARTER (SE 1/4) OF THE NORTHEAST QUARTER (NE '/a) OF THE SOUTHEAST 20 QUARTER (SEA) OF SAID SECTION 18. 21 22 SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY AND 23 CONTAINING 1,008,980 SQUARE FEET (23.163 ACRES), MORE OR LESS. 24 25 SECTION 3. This amendment shall provide for a development intensity restriction 26 by designating on the City's Future Land Use Map for the subject property the following 27 notation: The maximum intensity is limited to no more than 250,000 square feet of gross 28 commercial retail space, or the equivalent thereof. 29 30 SECTION 4. All ordinances or parts of ordinances in conflict be and the same are 31 hereby repealed. 32 33 SECTION 5. Should any section or provision of this Ordinance or any portion 34 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 35 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 36 37 SECTION 6. The City's Growth Management Administrator is hereby directed to 38 transmit the proposed Comprehensive Plan Amendment to the Department of 39 Community Affairs of the State of Florida and other appropriate public agencies, and 40 upon adoption of this Ordinance is further directed to ensure that this Ordinance and all 41 other necessary documents are forwarded to the Florida Department of Community Affairs 42 and other agencies in accordance with Section 163.3184(3), Florida Statutes. 43 44 SECTION 7. The effective date of this plan amendment shall be the date a final 45 order is issued by the Department of Community Affairs or Administration Commission 46 finding the amendment in compliance in accordance with Section 163.3184(1)(b), 3 Ordinance 24,2009 1 Florida Statutes, whichever is applicable. No development orders, development 2 permits, or land uses dependent on this amendment may be issued or commence 3 before it has become effective. If a final order of noncompliance is issued by the 4 Administration Commission, this amendment may nevertheless be made effective by 5 adoption of a resolution affirming its effective status, a copy of which resolution shall be 6 sent to the Florida Department of Community Affairs, Division of Community Planning, 7 Plan Processing Team. 8 9 PASSED this day of , 2009, upon first reading. 10 11 PASSED AND ADOPTED this day of , 2009, upon 12 second and final reading. 13 14 15 CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT 16 17 BY: 18 Joseph R. Russo, Mayor 19 20 21 David Levy, Vice Mayor 22 23 24 Eric Jablin, Councilmember 25 26 27 Jody Barnett, Councilmember 28 29 30 Robert G. Premuroso, Councilmember 31 32 33 ATTEST: 34 35 36 BY: 37 Patricia Snider, CMC, City Clerk 38 39 APPROVED AS TO FORM AND 40 LEGAL SUFFICIENCY 41 42 43 BY: 44 R. Max Lohman, City Attorney 45 (z/ � 46 47 G:\attorney_share\ORDINANCES\2009\Ordinance 24 2009-hilltop gardens flum amendment.doc 4 1 EXHIBIT A Hilltop Gardens Proposed Future Land Use -I 1 IlL 711t- ‘41111141 Am y — 11 ` .. ~'1 Legend 6.i . ' Subject Site 1 —�,'`\ water body OS \fit \ �\ CL----J ' '\ \ Palm Beach County L i �� C � , I—�I `! =CONS , j I I I I !L__‘. rail 11 ' . ROS l�L l—i\ -Mxo ` I PO '111V f J RH RAI i ROS Ji i —, RR10 RR20 V Ilj 1I ,I N a 0 750 1.500 3,000 Feet * Maximum 250,000 square feet of gross commercial retail space or equivalent thereof CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 10, 2009 Petition#: REZN-09-03-000006 Ordinance 25, 2009 SUBJECT/AGENDA ITEM Ordinance 25,2009: Hilltop Gardens Rezoning First Reading: A request by Marty Minor, Urban Design Kilday Studios, on behalf of Hilltop Residential LTD., for a rezoning of approximately 23.16-acres from Residential Medium(RM)to General Commercial (CG 1) for the Hilltop Gardens site located generally north of Northlake Boulevard, east of the C-17 Canal, south of the Seacoast Utility Richard Road plant, and west of the Hilltop Park mobile home park. [X J Recommendation to APPROVE [ ] Recommendation to I ENY Reviewed by:- r Originating Dept.: Finance Dept.: N/A City Council Action: ,i/ Growth Management: [ ]Approval ls`Reading City Max Loh /�` Project Mana er Costs: $ N/A_ [ ]Rec.app.w/conds. R. ax Lohm. , sq. — Total [ ] Rec.Denial Dev.Compliance Manager: Martin Schneider,AICP [ ] Continued to: C./ Planner $_N/A_ Bahareh Keshavarz-Wolfs, Current FY MCP 1 [X ] Quasi-Judicial Accountant: Curren '1. •- , Manager: [ ] Legislative X Public Hearing Sarah Varga Na lie Wong,AICP [ ] g Advertised: Attachments: Growth Manag e [X]Required • Applicant's Justification Administrator Statement Kara L. Irwin,AICP [ ]Not Required Funding Source: • Boundary Survey Paper: Date: 8/26/09 • Map series Approved By: [ ]Operating • Congress Avenue Ci+ anage . [X] Other N/A Extension Proposed ir 111111 1 / Alignment Affected parties: • Ordinance 25,2009 R,,nald '.Ferris [X]Notified Budget Acct.#: [ ]Not Required NA Petition#:REZN-09-03-000006 Meeting date:September 10,2009 Ordinance 25,2009 Page 2 of 7 BACKGROUND The subject site known as Hilltop Gardens is located generally north of Northlake Boulevard, east of the C-17 Canal, south of the Seacoast Utility Richard Road plant, and west of the Hilltop Park mobile home park. The subject site is just north of the Northlake Boulevard Overlay Zone. Congress Avenue currently ends at the site's southern property line. The future right-of-way extension of Congress Avenue is proposed to transect the subject site on both the City's Conceptual Thoroughfare Plan and Palm Beach County's Thoroughfare Right-of-way Identification map. The 23.16 acre subject site is currently vacant, and was previously a mobile home park. The applicant is proposing to rezone the property from Residential Medium (RM) to General Commercial (CG1). There is no site plan or master development plan proposed at this time. The applicant is proposing a comprehensive plan amendment concurrently with this rezoning request. The proposed comprehensive plan amendment would change the current Future Land Use Map (FLUM) land use designation from Residential Medium (RM) to the proposed land use designation of Commercial (C). As part of the FLUM amendment, the applicant is proposing to limit the maximum amount of commercial development on the site to 250,000 square feet of gross commercial retail space or the equivalent thereof. The FLUM amendment must be approved by City Council and the Florida Department of Community Affairs (FDCA) before the rezoning can be approved. There are several zoning districts that are allowed within the proposed Commercial (C) future land use designation. Standard commercial zoning districts include: Neighborhood Commercial (CN), General Commercial (CG1), Intensive Commercial (CG2), and Commercial Recreation (CR). In addition, Planned Community Development (PCD), Planned Unit Development (PUD), and Planned Development Area (PDA) zoning categories are also allowable. The applicant is requesting CG1. The staff analysis section gives further detail on each of the commercial zoning districts. LAND-USE COMPATIBILITY WITH SURROUNDING AREA The subject site is immediately adjacent to the northern boundary of the Northlake Boulevard Overlay Zone (NBOZ), and has a future land use designation of Commercial (C) with General Commercial (CG1) zoning and uses along both sides of the boulevard in this area. Across the C-17 Canal (approximately 340 feet including right-of-way) to the west of the site is a school and park with Public (P) and Recreation and Open Space (ROS) future land use designation with Public or Institutional (P/I) zoning. To the north of the site is a vacant, City-owned property with a Public (P) land use designation and a P/I zoning designation. Further to the north is the Seacoast Utility Richard Road water treatment plant in unincorporated Palm Beach County. East of the subject site is the Hilltop Park mobile home park in unincorporated Palm Beach County, which has a High density Residential (RH-12) future land use designation. The Hilltop Park mobile home park had a Residential High (RH) county zoning designation, but the County has eliminated the RH zoning district, and properties with the designation have defaulted to Residential Medium (RM). The proposed rezoning to General Commercial (CG1) is compatible with all of the surrounding uses, future land use designations, and zoning districts. The change to commercial would be Petition#:REZN-09-03-000006 Meeting date:September 10,2009 Ordinance 25,2009 Page 3 of 7 especially well-suited with the NBOZ uses at the intersection of Northlake Boulevard and Congress Avenue to the south, which share the CG1 zoning designation. The applicant will need to consider buffering and connectivity issues regarding the 6.14 acre City parcel to the north of the site. Consideration will also be needed to address the C-17 canal frontage, and providing appropriate buffering for the residential mobile home park directly to the east. Since the proposed CG1 zoning is generally compatible with surrounding uses, connectivity and buffering issues can be handled at the time of site planning. However, it is important to note that the City's Land Development Regulations have setback requirements for non-residential uses adjacent to residential zoning districts. According to City Code a 75 foot setback is required in addition to standard side and rear setbacks (Section 75-153) along the portion of the non-residential parcel abutting residential property. In the case of this proposal, this additional setback would be required along the entire east side of the property. TABLE 1. PT EXISTING ZONING AND LAND USE DESIGNATIONS EXISTING USE ZONING FUTURE LAND USE Subject Property Residential Medium (RM) Residential Medium (RM) Vacant North Public or Institutional (P/I); Public (P); Unincorporated— Vacant (City property); Unincorporated— Utilities Utilities Utilities (Seacoast water treatment plant) South General Commercial (CG1) Commercial (C) within Commercial (Walgreens; within Northlake Boulevard Northlake Boulevard Overlay Pollo Tropical; vacant Overlay Zone(NBOZ) Zone (NBOZ) commercial building) East Unincorporated—Residential Unincorporated— Residential Unincorporated—Residential Medium (RM)* High (HR-12) (Hilltop Mobile Home Park) *Previously Residential High (RH) West Canal; Public or Institutional Canal; Public (P); Recreation C-17 Canal right-of-way (P/I) Open Space (ROS) (340 feet wide); middle school; park Petition#:REZN-09-03-000006 Meeting date:September 10,2009 Ordinance 25,2009 Page 4 of 7 CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN The proposed Future Land Use Map amendment for the subject property is consistent with the City's adopted Comprehensive Plan, as detailed in the corresponding staff report (Petition #: CPMA-09-03-000011). This rezoning request is consistent with the Comprehensive Plan amendment. LEVEL OF SERVICE ANALYSIS The applicant has demonstrated that the proposed Future Land Use Category of Commercial (C) meets the Level of Service (LOS) standards established in the City's Comprehensive Plan. There were no direct, adverse impacts on the adopted LOS standards for water, sewer, solid waste, police and fire services, or traffic. The LOS analysis is provided in detail in the staff report for the Comprehensive Plan amendment being processed concurrently with the subject rezoning petition. Since the rezoning request to CG1 is consistent with the proposed Comprehensive Plan amendment and the development impact outlined therein, there are no LOS concerns. CONCURRENCY The applicant is not requesting approval of a concurrency certificate at this time. As stated above and detailed in the corresponding staff report for the Comprehensive Plan FLUM amendment request, the proposed change to commercial use with the FLUM notation capping the amount of retail commercial space will meet the City's LOS requirements. However, the applicant will still need to meet all concurrency requirements when a site plan petition is submitted. Approval of the proposed rezoning request in no way assures the applicant that public services and facilities will be available at the time of development. Nor does it vest the property for concurrency. A concurrency certificate is required to reserve capacity. Capacity reservation is granted on a first-come, first- served basis. The date and time that an applicant's concurrency certificate is issued will establish when capacity of public facilities has been granted. APPROVAL PROCESS The proposed rezoning petition is one part of the overall approval process for the subject property. The corresponding Comprehensive Plan FLUM amendment request will need to be approved by City Council for transmittal to the Florida Department of Community Affairs (FDCA). The proposed Comprehensive Plan amendment is a large-scale amendment, which will be transmitted to FDCA after first reading by City Council. FDCA will have 60 days to review the proposal and issue an Objections, Recommendations, and Comments (ORC) Report. The City will then have 60 days to respond and revise, if necessary, before Council adopts the final FLUM amendment upon second reading. The FLUM amendment is not official until FDCA issues a Notice of Intent to Approve (NOI), which can take up to 45 days. After the Comprehensive Plan FLUM amendment is approved and issued a NOI, the rezoning can be adopted by City Council by Ordinance, which requires two readings at separate public hearings. If the rezoning is approved, the applicant can then submit a site plan request. As detailed above, a concurrency certificate will be required prior to, or at the time of, site plan submission. Site plan Petition#:REZN-09-03-000006 Meeting date:September 10,2009 Ordinance 25,2009 Page 5 of 7 approval also requires review by the Development Review Committee, Planning, Zoning, and Appeals Board (PZAB) review and recommendation to City Council, and Council approval by resolution. An applicant may sometimes choose to apply for a rezoning concurrent with a site plan application. However, there is no requirement for concurrent processing and the applicant is not obligated to submit a site plan with a rezoning request. A rezoning petition shall be evaluated on its own merit. Consideration should be given to any and all uses permitted under the proposed zoning category up to the maximum potential intensity. PROPOSED CONGRESS AVENUE EXTENSION The future right-of-way extension of Congress Avenue is proposed to transect the subject site on both the City's Conceptual Thoroughfare Plan and Palm Beach County's Thoroughfare Right-of- Way Identification Map. There is no assurance or timeframe for completion of the roadway extension at this time. However, based on the best information available, the Congress Avenue extension will eventually connect Northlake Boulevard to Alternate AlA through the subject site. The proposed alignment (see attached maps) divides the subject property into a 7.76 acre parcel on the east side of the right-of-way and a 12.92 acre parcel on the west side. The proposed Congress Avenue right-of-way will be approximately 2.48 acres in size and is planned to be a four-lane divided roadway. An alignment study was initially conducted by the County in August 2001. It was modified in January 2006, and the northern segment was again modified in February 2007. The Board of County Commissioners (BOCC) approved the alignment of the southern portion of the Congress Avenue extension (which transects the subject property and passes through the northeast corner of the City's property directly north of the subject site), but did not approve the alignment of the northern portion of the extension (from the City property boundary through the existing mobile home park and connecting to Richard Road). The BOCC decided that further study of this area was needed, especially since it would require residential displacement. Completion of the southern alignment of the Congress Avenue extension (without completion of the northern portion) would allow for linkage to Alternate A 1 A through a temporary connection to Park Avenue, north to Richard Road, which then connects east to Alternate AlA. Currently, there is no timeframe for construction of the southern or northern portions of the Congress Avenue extension. There is also no funding allocated for construction or design of the extension within the County's Five Year Road Program. The owner of the subject property will be obligated to dedicate the required right-of-way for the southern portion of the Congress Avenue extension. STAFF ANALYSIS Several standard zoning districts are allowed within the proposed Commercial (C) future land use designation, including: Neighborhood Commercial (CN), General Commercial (CG1), Intensive Commercial (CG2), and Commercial Recreation (CR). The applicant is requesting CG1. Petition#:REZN-09-03-000006 Meeting date:September 10,2009 Ordinance 25,2009 Page 6 of 7 Staff contends that CG1 and CN could both be considered appropriate zoning districts for the site. CG2 and CR are not appropriate zoning districts for the subject site. CG2 zoning districts allow more intensive commercial uses and are primarily oriented to major arterials. CR is a limited zoning district specifically utilized for commercial recreation facilities, transient lodging, and cultural facilities. Both CN and CG1 provide for retail goods and services to satisfy surrounding residential neighborhoods. CG1 provides a wider range of retail goods and services, and thus affords more flexibility than CN. CN zoning is designed to be small and conveniently located for adjacent residential areas. CN zoning is intended to be located on a collector or near the intersection of two collectors. Because the subject site is fairly isolated from residential except for the existing mobile home park to the east, it is unlikely that small neighborhood retail uses would thrive here. Most of the land in the immediate vicinity is commercial with some public uses (water treatment plant, school). CG1 is designed to serve not only adjacent residential areas, but groups of neighborhoods. CG1 districts are primarily oriented toward intersections of major thoroughfares within the City. Since Northlake Boulevard is a major thoroughfare and Congress Avenue is currently a collector, an argument can be made for either CN or CG1. However, Congress Avenue is a successful commercial corridor south of the intersection at Northlake Boulevard, and is proposed to become a four-lane divided thoroughfare connecting to Alternate AlA in future. The applicant's market study states that the site will have excellent access and visibility once Congress Avenue is extended north of Northlake Boulevard. After the extension, the subject site will have approximately 925 feet of frontage along an arterial roadway. In addition, the market study concludes that sufficient demand potential exists in the study area to support the proposed commercial space at the subject site. Because of the commercial nature of the surrounding area, the site's relative isolation from residential neighborhoods other than the adjacent mobile home park, and the future connectivity provided by the Congress Avenue extension, it is staff's opinion that CG1 is more appropriate than CN for the subject site, and gives the applicant more flexibility for future development of the site. The extension of Congress Avenue, which will transect the subject property, limits the site's future utilization as a residential development. An arterial roadway through the middle of the site will bring added traffic unfavorable to residential development. These impacts would require significant buffering, and would limit the ability to design a successful residential development. Commercial use, on the other hand, would benefit from the exposure and access provided by an arterial roadway. Amending the future land use and zoning would prepare the subject property for the planned extension, and would increase the amount of available commercial land in an urban infill area of the City. PZAB RECOMMENDATION At the July 14, 2009 public hearing, the PZAB voted 6-1 to recommend approval of the rezoning petition. Petition#:REZN-09-03-000006 Meeting date:September 10,2009 Ordinance 25,2009 Page 7 of 7 STAFF RECOMMENDATION Staff recommends APPROVAL of Ordinance 25, 2009. urban design • kilda March 1.3, 2009 STUDIO S Ms. Natalie Wong, AICP Current Planning Manager Urban Planning and Design Landscape Architecture Growth Management Department Communication Graphics City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: REZONING PROCESSING REQUEST FOR HILLTOP GARDENS MHP FILE NO. 01-013.003 Dear Ms. Wong, Pursuant to Section 78-47 of the City's Land Development Regulations, please accept this application, on behalf of the applicant, Hilltop Residential LTD., for a rezoning associated with the Hilltop Gardens MHP project, located east of the C-17 Canal, north of Northlake Boulevard and Lychee Street, and south of the Seacoast Utility Authority's • Richard Road water treatment plant. The applicant is requesting to change the residential land use and zoning of the property to Commercial (C) and General Commercial (CG1), respectively. The proposed commercial designations on the site will allow for the logical expansion of the existing commercial node at the intersection of Congress and Northlake. A commercial designation, as requested, is more appropriate for the subject site because it will allow the existing development pattern of the Congress Avenue, Northlake Boulevard and Alternate A1A corridors to be enhanced and expanded into an appropriate area. The change will also allow for more efficient development of the land area and will provide an increased tax base for the City and promote the creation of employment opportunities for the existing workforce in the area. For your review, attached are nine (9) copies of the following submission items and the filing fee: 1. Application Fee $550.00 2. Completed Development Application 3. Project Narrative 4. Owner Authorization Forms 5. Warranty Deed • 477 S. Rosemary Avenue Suite 225-The Lofts at CityPlace West Palm Beach, FL 33401 561.366.1100 561.366.1111 fax www.UDKstudios.com LCC35 It is important to the applicant that the project receives a comprehensive and timely • review. Thank you with your assistance in processing this request. If you have any questions, please feel free to contact me at (561) 366-1100. Sincerely, URBAN DESIGN KILDAY STUDIOS Marty R.A Minor, AICP Senior Project Planner Cc: Michael Debock, Standard Pacific Homes • • urban design • Hilltop Gardens MHP ki I dci Rezoning Request STUDIOS Project Narrative March 13, 2009 Urban Planning and Design Landscape Architecture Communication Graphics REQUEST On behalf of Hilltop Residential LTD, please accept this application for a rezoning processing application associated with the Hilltop Gardens MHP project, located east of the C-17 Canal, north of the Northlake Boulevard and Lychee Street, and south of the Seacoast Utility Authority's Richard Road water treatment plant. We are seeking to have the submitted Comprehensive Plan Amendment and this Rezoning application reviewed concurrently. We believe that by having these applications reviewed concurrently it will provide a comprehensive review of all factors associated with the request and provide additional justification for the approval of both applications. LAND USE &ZONING • The land use designation of the site as shown on the City's Future Land Use Map is Residential Medium (RM). The applicant is requesting to change the land use to Commercial (C). The site currently has a zoning designation of Residential Medium (RM). The applicant is requesting to rezone the site from RM to General Commercial (CG-1). The Future Land Use and Zoning for the property must be consistent in order for the redevelopment of the site and the potential economic benefits of the project to be realized. The zoning and land use designations of adjacent properties are as follows: ZONING CLASSIFICATION AND LAND USE DESIGNATIONS OF ADJACENT PROPERTIES EXISTING;;USE • ZONING LAND U;SE Hilltop Gardens MHP Vacant Residential Medium (RM) Residential Medium (RM) (former non-conforming mobile home park) North City-owned vacant property Public or Institutional (P/I) Public (P) • 477 S. Rosemary Avenue Suite 225-The Lofts at CityPlace West Palm Beach, FL 33401 561.366.1100 561.366.1111 fax www.UDKstudios.com LCC35 Seacoast Utility Authority Public Ownership (PO) Transportation and Utilities • Richard water treatment plant (U/T) (Unincorporated Palm Beach County) South Pep Boys, Applebee's General Commercial (CG1) Commercial (C) Neighborhood Grill, Walgreens, Polio Tropical, and Professional Office East Hilltop Park MHP Medium Residential (RM) High Residential — 12 units (Unincorporated Palm Beach per acre (HR-12) County) _ West Lake Catherine Sportsplex Public or Institutional (P/I) Recreation Open Space Park (ROS) Howell L. Watkins Middle Public or Institutional (P/I) Public (P) School PROJECT DESCRIPTION The Hilltop Gardens MHP is a vacant site that was formerly a non-conforming mobile home park consisting of approximately 160 sites. As discussed above, the applicant is requesting to • change the land use and zoning of the property to Commercial (C) and General Commercial (CG-1), respectively. This request is to allow General Commercial (CG-1) on the site. While no specific uses are known or proposed at this time, the designation of the site as General Commercial is a critical first step to being able to market the site for commercial development. The site will be accessed by the planned extension of Congress Avenue. As identified on the City and Palm Beach County's Conceptual Thoroughfare Plan, Congress Avenue is planned to extend from its current northern terminus at Northlake Boulevard north through the site and ultimately connecting with Richard Road and the crossing of the Florida East Coast railway. This extension represents the continuation and completion of the Congress Avenue corridor, which is a major north-south thoroughfare in the county. As the new roadway will bisect this property, the result will be two parcels on either side of Congress Avenue. The east parcel will be approximately 7.76 acres in size with the west parcel being approximately 12.92 acres. Providing for commercial uses in this location will allow for the expansion of the existing commercial node at the intersection of Congress and Northlake. A General Commercial zoning designation, as requested, is more appropriate for the subject site because it will allow the existing development pattern of the Congress Avenue, Northlake Boulevard and Alternate A1A corridors to be enhanced and expanded. The ultimate commercial development on the site will provide an increased tax base for the City and promote the creation of employment opportunities for the existing workforce in the area. STATEMENT OF OWNERSHIP AND DESIGNATION OF AUTHORIZED AGENT • 'Before me, the undersigned authority, personally appeared MICHAEL DEBOCK, who being sworn on oath, deposes and says: 1. That, he is the VICE PRESIDENT, STANDARD PACIFIC HOMES AND HILLTOP RESIDENTIAL, LTD., which is the Owner of the property described as the former Hilltop Mobile Home Park, located in Palm Beach Gardens Florida, which is further described on the attached Exhibit A; and; 2 That, MICHAEL DEBOCK is authorized to act on behalf of HILLTOP RESIDENTIAL, LTD. and. 3 That, HILL'I'OP RESIDENTIAL, LTD, is requesting a Future Land Use Plan Amendment, • Rezoning, Pre-Application meeting and Concunent Processing for the subject property, and; 4. That, HILLTOP RESIDENTIAL, LTD, has appointed KEN TUMA and URBAN DESIGN KILDAN.' STUDIOS to act as Agent on its behalf to accomplish the.above, and; .‘ 5. That, HILLTOP RESIDENTIAL, LTD, or its successors orassigns, commits to proceed with the 110. proposed development in accordance with the Ordinances and Resolutions of approval and such conditions and safeguards as may be set by the City Council of the City of Palm Beach Gardens, and; 6,. That; HILLTOP RESIDENTIAL, LTD, or its successors or assigns, commits to complete the development according to the plans approved by such Ordinance;iland to continue operating and maintaining such area, functions, and facilities as are not to be provided, operated or maintained by the.City of Palm Beach Gardens pursuant to written agreement, and; 7. That, HILLTOP RESIDENTIAL, LTD, commits to bind any successors in title to any commitments made in the approval. HILLTOP RESIDENTIAL, LTD BY: STANDARD PACIFIC HOMES MICHAEL DEBOCK,-N9-C.E PRESIDENT BY: Name Title • Sworn to and subscribed before me this day of 2009. 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) El Annexation Planned Unit Development(PUD) 6Rezoning Amendment to PCD, PUD or Site Plan Site Plan Review Conditional Use QConcurrency Certificate Amendment to the Comprehensive Plan [(Time Extension Administrative Approval El-Miscellaneous Administrative Appeal Other Date Submitted: 03/13/2009 Project Name: Hilltop Gardens MHP Owner: Hilltop Residential LTD Address: 9900 SW 107 Ave., Miami, FL 33176 • Applicant (if not Owner): Applicant's Address: Telephone No. Agent:Marty Minor, Urban Design Kilday Studios Contact Person: Marty Minor E-Mail: mminor @udkstudios.com Agent's Mailing Address: 477 S. Rosemary Avenue, Suite 225, West Palm Beach, FL 33401 Agent's Telephone Number: (561) 366-1100 Fax Number: (561) 366-1111 FOR OFFICE USE ONLY Petition Number: Date & Time Received: Fees Received Application $ Engineering $ Receipt Number: Architect: Phone Number: ® Engineer:Michael B. Schorah &Associates, Inc. Phone Number: (561) 968-0080 Planner: Urban Design Kilday Studios Phone Number: (561) 366-1100 • Landscape Architect: Urban Design Kilday Studios Phone Number:(561) 366-1100 Site Information: Note: Petitioners shall submit electronic digital files of approved projects. See attachment for details. East of the C-17 Canal, and north of the Northlake Boulevard and Lychee Street. General Location: Address: n/a Section: 18 Township: 42 Range: 43 Property Control Number(s): 52.43.42.18.00.000.5120 Residential General Commercial Acreage: 23.16 Current Zoning: Medium(RM) Requested Zoning: (CG1) Flood Zone C Base Flood Elevation (BFE)—to be indicated on site plan Current Comprehensive Plan Land Use Designation: Residential Medium (RM) Existing Land Use: Residential Medium (RM)Requested Land Use:Commercial (C) Proposed Use(s) i.e. hotel, single family residence, etc.: Commercial/Retail • Proposed Square Footage by Use: n/a Proposed Number and Type of Dwelling Unit(s) i.e. single family,multifamily,etc. (if applicable): n/a Justification Information concerning all requests (attach additional sheets if needed.) {Section 78-46, Application Procedures, Land Development Regulations) 1. Explain the nature of the request: See Project Narrative • • 2. What will be the impact of the proposed change on the surrounding area? Please see the attached Project Narrative. 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. Please see the attached Project Narrative. • • • 4. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78-301, Land Development Regulations)? The site is a redevelopment location. The site was previously developed as a mobile home park prior to the municipal requirement for environmental preserve areas. 5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78- 261,Land Development Regulations)? The project will comply with all Art in Public Places requirements when a site plan application is submitted to the City. 6. Has project received concurrency certification? N/A Date received: Legal Description of the Subject Property, (Attach additional sheets if needed) Or see attached deed for legal description. Location The subject property is located approximately 0.10 mile(s) from the intersection of Northlake Boulevard and Shadberry Street on the 0 north,[]east,Dsouth,Dwest side of Northlake Boulevard (street/road). Applicant's Certification I/We affirm and certify that I/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 of 7plicant ❑Jwner Marty Minor Print Name of Applicant COptionee 477 S. Rosemary Avenue, Suite 225 Street Address Lessee West Palm Beach, FL 33401 City, State, Zip Code Agent (561 ) 366-1100 Telephone Number ❑Contract Purchaser (561 ) 366-1111 • Fax Number mminor @udkstudios.com E-Mail Address • Seacoast Utility Authority MPO98ox 09602 • Palm Gardena, Florida x 10969602 EXECUTIVE OFFICE March 18,2009 FAX 3664100 M .Marty Minor Urban Design Kilday Studios 477 So. Rosemary Avenue West Palm Beach FL 33401 Re:Hilltop Gardens MifF Dear Mr.Minor. This letter is in response to your recently submitted property questionnaire requesting service availability information for the proposed commercial space of a maximum of 630,666 square feet. The calculations are based on the information in your property questionnaire and are subject to change if plans indicate otherwise:i.e.medical buildings,restaurants,beauty salons,etc. The referenced project lies within the water and sewer service area of Seacoast Utility Authority. • This will confirm the current status of water and wastewater capacity and commitments for Seacoast Utility Authority (Million Gallons Per Day): Capacity Committed and This Balance In Use Project Balance Water 19.70 17.050 .080 2.570 Sewer 12.00 7.586 .063 4.351 Please note that this statement reflects conditions as of this date; no guarantee of capacity availability in the future is expressed or implied, and no capacity has been reserved for the referenced project. Connection Fees: 630,600 sf x .1 gpd—63,066.60 gpd+275 =229.333 ERCs x $2,700.00 = $619,199.10. 50%of the connection fees are due at the time of signing the Developer Agreement. The remaining connection fees are due when the meter/meters are requested. Admittistration Fees: The administrative fee is 4% of the connection fees($619,199.10 x .04=$24,767.96) and is due at • the time preliminary plans are submitted for review. 4200 Hood Road, Palm Beach Gardens, Florida 33410-2198 Phone: Customer Service (561) 627-2920 / Executive Office (561) 627.2900 / FAX(561) 624-2839 www.sua.com Mx.Marty Minor March 18,2009 Page 2 Canacitv Reservation: 229.333 ERCs x $386.88= $88,724.35. 100% of the capacity reservation fee is due at the time of signing the Developer's Agreement and annually thereafter until the meter/meters are set. A pre-engineering meeting is required to be held for this project.Please contact John Callaghan at extension 413 at this office to set up this meeting to discuss the water and sewer requirements.We encourage the project owner, architect, engineer and all other interested parties to be present at this meeting as well. Should you have any questions,please feel free to cal me at extension 305. Sincerely, • SEACOAST UTILITY AUTHORITY orell} >1)- Dee Giles Developer Agreement Coordinator cc: Michael Debock Bruce Gregg Jim Lance John Callaghan • 1111' 'g111m11umIDIIIuumNrnuiImu,I,iul CF14 200501.73318 OR BK 113316 PG 0941 PREPARED BY AND WHEN RECORDED RETURN TO: RECORDED 03/25/2005 16:34:01 Steven J. Vainder,Esquire Palm Beach County, Florida WHITE&CASE LLP ANT 9,598, 200.00 Doc Stamp 67, 187. 40 200 South Biscayne Blvd Sharon R. Bock,CLERK & COMPTROLLER Suite 4900 Pgs 0941 - 945; (5pgs) Miami.Fl 33131-2353 (305)371-2700 Parcel Tax Identification Number: 3-876-647-70 /52-43-42-18-00-000-5120 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, is made as of this j 1 day of March, 2005 by HILLTOP GARDENS, L.L.C., a Florida limited liability company, as "GRANTOR", whose mailing address is 12712 West Sunrise Blvd., Suite 187, Sunrise, Fl 33323, to HILLTOP RESIDENTIAL, LTD., a Florida limited partnership, as"GRANTEE", whose mailing address is 1860 Old Okeechobee Road, Suite 503, West Palm Beach, Florida 33409. WITNESSETH : That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, to it in hand by the Grantee, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained and sold to the Grantee(s), and the Grantee(s)' heirs and assigns forever, the following described property, located and situated in the County of Palm Beach, State of Florida to-wit: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF Together with all tenements hereditaments, and appurtenances therc.o belonging or in anywise appertaining. To have and to hold, the same in fee simple forever. THIS CONVEYANCE is subject only to those exceptions set forth in Exhibit B attached hereto; provided, however, that nothing set forth herein is intended to re-impose the same. The Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good, right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor, but none others. S IN WITNESS WHEREOF, the Grantor has caused this Special Warranty Deed to be executed by • the undersigned, its duly authorized officer, on the day and year first above written. WITNESSES: HILLTOP GARDENS, L.L.C., a Florida limited liability company By: i. • ,� Name: ` CTOR . : •IANO Name: Marie �°'ri"""s STATE OF FLORIDA Poi-K : SS COUNTY OF PALM$ 4 The foregoing instrument was acknowledged before me by Isaac. /6 i1 e of HILLTOP GARDENS, L.L.C, a Florida limited liability company, on behalf of such company, who acknowledged before me that (s)he executed the foregoing Deed for the purposes therein. Such individual is personally known to me or has produced a driver's license as identification. IN WITNESS WHEREOF, I have hereunto set my hand and seal on this the / day • of March, 2005. I I,LL.c, r c s:L-/6-c�J Notary Public State of Florida at Large (Notarial Seal) My Commission expires: MARIE P:HANKINS _'`':K'A`Y` p�"COMMISSION q DD 2DB420 s•: "_ ••? �:� =XPIRES:May 1,?007 5`r, Undenvnters N%T aThniNaWr?�hlie • 7 EXHIBIT A A PARCEL OF LAND SITUATED IN SECTION 18, TOWNSHIP 42 SOUTH, RANGE 43 EAST; WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 18; THENCE NORTH 01 DEGREES, 35 MINUTES, 11 SECONDS EAST, ALONG THE EAST LINE OF SAID SECTION 18, (THE EAST LINE OF THE SOUTHEAST QUARTER(SE 1/4) OF SAID SECTION 18 IS ASSUMED TO BEAR NORTH 01 DEGREE, 35 MINUTES, 11 SECONDS EAST AND ALL OTHER BEARINGS REFERENCED HEREIN ARE RELATIVE THERETO), A DISTANCE OF 467.00 FEET TO A POINT IN THE NORTH LINE OF THE SOUTH 467.00 FEET OF SAID SECTION. SAID POINT ALSO BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE NORTH 01 DEGREE, 35 MINUTES, 11 SECONDS EAST, ALONG SAID EAST LINE, A DISTANCE OF 866.86 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF (S 1/2) OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 18; THENCE NORTH 88 DEGREES, 33 MINUTES, 12 SECONDS WEST, ALONG SAID NORTH LINE, A DISTANCE OF 663.32 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER(SE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER(SE 1/4) OF SECTION SAID SECTION 18; THENCE NORTH 01 DEGREE, 36 MINUTES, 03 SECONDS EAST, ALONG THE WEST LINE OF THE SOUTHEAST QUARTER(SE 1/4) OF THE • NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER(SE 1/4) OF SAID SECTION 18, A DISTANCE OF 666.27 FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 88 DEGREES, 36 MINUTES, 37 SECONDS WEST, ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER (SW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER(SE 1/4) OF SAID SECTIOT 18, A DISTANCE OF 113.83 FEET TO THE EAST RIGHT-OF-WAY LINE OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT'S C-17 CANAL; THENCE SOUTH 12 DEGREES 26 MINUTES, 29 SECONDS WEST, ALONG SAID CANAL RIGHT-OF-WAY, A DISTANCE OF 1573.76 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 453.00 FEET OF SAID SECTION; THENCE SOUTH 88 DEGREES 26 MINUTES 21 SECONDS EAST, ALONG SAID NORTH LINE, DEPARTING FROM SAID CANAL RIGHT-OF-WAY, A DISTANCE OF 973.35 FEET TO A POINT ON A LINE LYING 100.00 FEET WESTERLY OF AND PARALLEL WITH THE EAST LINE OF SAID SECTION 18; THENCE NORTH 01 DEGREE 35 MINUTES 11 SECONDS EAST, ALONG SAID LINE, A DISTANCE OF 14.00 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 467.00 FEET OF SAID SECTION; THENCE SOUTH 88 DEGREES 26 MINUTES 21 SECONDS EAST ALONG SAID LINE, A DISTANCE OF 100.00 FEET OF TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. PARCEL 2: A PARCEL OF LAND SITUATED IN SECTION 18, TOWNSHIP 42 SOUTH, RANGE 43 EAST; WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, • PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 3 THE SOUTH 147.58 FEET OF THE WEST 147.58 FEET OF THE SOUTHEAST QUARTER • (SE 1/4) OF THE NORTHEAST QUARTER(NE 1/4) OF THE SOUTHEAST QUARTER(SE 1/4) OF SAID SECTION 18. S S 4 EXHIBIT B 1. Taxes for the year 2005 and any taxes and assessments levied or assessed subsequent to the effective date hereof. Said taxes become a lien as of January 1, 2005 but are not due and payable until November of 2005. 2. Right-of-Way Easement granted to Southern Bell Telephone and Telegraph Company, filed June 9, 1965, in Official Records Book 1217, at Page 597, together with Subordination of Utility Interests to County of Palm Beach, Florida, filed September 24, 1998, in Official Records Book 10656, at Page 1177 of the Public Records of Palm Beach County, Florida. 3. Easement Agreement in favor of Palm Beach Utilities Corporation, a Florida corporation, filed July 28, 1987, in Official Records Book 5366, at Page 1889, as assigned to Peoples Gas System, Inc., a Florida corporation, by Assignment, filed June 10, 1991, in Official Records Book 6851, at Page 845 of the Public Records of Palm Beach County, Florida. 4. Utility Easement granted to Seacoast Utility Authority, filed June 6, 1990, in Official Records Book 6475, at Page 1958 of the Public Records of Palm Beach County, Florida. 5. Utility Easement granted to Seacoast Utility Authority, filed June 6, 1990, in Official Records Book 6475, at Page 1961 of the Public Records of Palm Beach County, Florida. 6. Easement Deed granted to Seacoast Utility Authority, filed October 13, 1994, in Official Records Book 8462, at Page 1446 of the Public Records of Palm Beach County, Florida. I 5 STATEMENT OF OWNERSHIP AND DESIGNATION OF AUTHORIZED AGENT Before me,the undersigned authority, personally appeared MICHAEL DEBOCK, who being sworn on oath,deposes and says: 1. That, he is the VICE:PRESIDENT, STANDARD PACIFIC HOMES AND HILLTOP RESIDENTIAL,LTD., which is the Owner of the property described as the former Hilltop Mobile Home Park, located in Palm Beach Gardens Florida,which is further described on the attached Exhibit A and; 2. That, MICHAEL DEBOCK is authorized to act on behalf of HILLTOP RESIDENTIAL, LTD, and; 3. That, HILLTOP RESIDENTIAL,LTD, is requesting a Future Land Use Plan Amendment, Rezoning, Pre-Application meeting and Concurrent Processing for the subject property, and; 4. That, HILLTOP RESIDENTIAL, LTD, has appointed KEN TUMA and URBAN DESIGN KILDAY STUDIOS to act as Agent on its behalf to accomplish the above, and; IThat, HILLTOP RESIDENTIAL, LTD, or its successors or assigns, commits to proceed with the proposed development in accordance with the Ordinances and Resolutions of approval and such conditions and safeguards as may be set by the City Council of the City of Palm Beach Gardens, and; 6. That, HILLTOP RESIDENTIAL, LTD, or its successors or assigns, commits to complete the development according to the plans approved by such Ordinance, and to continue operating and maintaining such area, functions, and facilities as are not to be provided, operated or maintained by the City of'Palm Beach Gardens pursuant to written agreement, and; 7. That,HILLTOP RESIDENTIAL, LTD, commits to bind any successors in title to any commitments made in the approval. HILLTOP RESIDENTIAL,LTD BY: STANDARD PACIFIC HOMES MICHAEL D:EBOC PRESIDENT BY: �,P Name Title ISworn to and subscribed before me this day of , 2009. II HILLTOP GARDENS MHP BOUNDARY SURVEY LAND DESCRIPTION SITE PAKEL it Cityareel of land situated in Section 18,tosnsnip 42 South,Barge 4J East:Within the municipal limits of the rc of Palm Beach Gardens,Palm Beach County,Florida,and being mare particularly desaribed as fdloxs: CammeneNg of the Southeast corner of said Section 18;Thence North 01 degree 35 minutes 11 seconds East, VCNt.r: e4 sa along the East line of Section 18,,(the East line of the Southeast Quarter(SE X)of said Section 18 le assumed �v R to bear North 01 degree 35 minutes,11 seconds East and all other bearings referenced herein are relative ,.,, ,p thereto),a distance of 467.00 feet to a point in the North line of the South 467.00 feet of said Section.said pint also being the Waist of Beginning of the herein described parcel;Thence continue North 01 degree 35 - minutes 11 a wands East,along said East line, distance of 866.Bfi feet to a point an the North line of the _ c' South half(5 M)of the Southeast Quarter(SE A)of said Section 18; Thence North 88 degrees 33 minutes 12 seconds West,along sold North line.a distance of 663.32 feet to the Southwest corner of the Southeast Quarter NORTHLAKE BOULEVARD (SE X)of the Northeast Quarter(NE 3()of the Southeast Quarter(SE N)of said Section 18;Thence North 01 -Y degree 36 m' tea 03 seconds East along the West line of the Southeast Quarter(SE(4)of the Northeast - 1 Quarter(NE N)of the Southeast Quarter(SE 14)of said Section 10.a distance of 666.27 feet to the Northwest a: O corner thereat; Thence North 88 degrees 36 minutes 37 seconds West,along the North line of the Southwest - c' �: INDEX Quarter(SW M)of the Northeast Quarter(NE X)of the Southeast Quarter(SE K)of said Section 18,a distance to of 113.83 feet to the East Right of soy line of the South Florida Water Management District's C-17 canal; u' 1, Thence South 12 degrees 26 minutes 29 seconds West along said canal Right of w .0 PARK a pain way,8 distance of 1minute lee! to ton the North line of the South 453.00 feet of said Section; Thence South 88 degrees 26 minutes 21 rc AVE. I COVER SHEET AND NOTES senconds East along said North Ilne,departing from said canal Right of woy,o distance of 973.35 feet to a point o a line lying 100.00 feet Westerly of and parallel with the East line of wid Section 18:Thence North 01 degr« 2 BOUNDARY SURVEY 35 minutes 11 seconds East along said line,a distance of 14.00 feet to a point on the North line of the South 467.00 feet of sold Section;Thence South 88 degrees 26 minutes 21 seconds East along said line,a distance of ts 100.00 feet to the Point of Beginning of the herein described Parcel. efe PARCEL 2: A parcel of land situated in Section 18,Township 42 South,Range 43 East;Within the municipal limits of the LOCATION M A P City of Palm Beach Gardens.Palm Beach County,Florida.and being more particularly described as follows: N.T 5. The South 147.58 feet of the West 147.58 feet of the Southeast Quarter(SE 0)of the Northeast Quarter(NE 34) SEC. 19, TWP. 42 S, RNG, 43 E of the Southeast Quarter(SE 34)of said Section 18. Said lands situate,lying and being in Palm Beach County.Florida and containing 1,008.980 Square Feet(23.163 Ares),more or leas. SURVEYOR'S NOTES: UPON eEV INSURANCE(AGENT FILE Na 15 .195-001• r COMMITMENT n ran osenos or Tes arFKE To TNC 00 oar OUR EKNO LEDGE 51M TOR'S RR6CQE 1,Not Mid without the signature and original rased seal al a Florida Licensed xEn[axES Ta!io QLas sExExrs coxraxm slrlux SAID coxxnxsxr ARE iocxrra'n OR xorE Surveyor and Mapper. 2.Lands shown hereon were not abstracted,by the Surveyor,for rights-of-way, TELEPHONE AAND TEceueaGRANTED TO SOUTHERN BELL Lae a0,PAGE ss7 116 AE.M far Via Mnoar tI E 9Qet4S ea MS.gal Of hE MME.WREN. easements,ownership or other instruments of record. SUBORCINATION OF r INTERESTS To couxrr or 0 R.0656.6E1177 3.Unless otherwise noted,this firm hoe not attempted to locale underground or PALM BEACH.FLORIDA orb-surface utilities,footings and/or foundations. EASEMENT AGREEMENT IN FAVOR Or plus SEACN UTLITES one 5366.ra6Exs caelseso no A 2 6 Ai FEW NYT: Jormeron 1.SSW nc 4.The land description shown hereon was provided by the client FLORIDA rLOnoA CORPORATION INC.AeLOroA 0 0...PAGE RsEE]A pL SAVOR A a+°v01 sl..A6E FLOW se05 Q 5.Bearings Shown Hereon ore Assumed to the East Line of Section 18,Township urL:re arnx,er Aueaer axr at II 42 South,Range 43 East and Having 0 Bearing of N01'3511-E(D)N01335'37'E uTLTT EASEMENT oaaxTEO To sEacOAST UM,AUTHORITY OAS Ws. (C),and all other Bearings shown are relative thereto. rL:rT euaEUExT GRANTED TO e000eosa UTILITY aurxae0r one sane,.4E 1961 E S.Access easement contains self termination due to Congress EASE greaccess eas construction. Congress Avenue is constructed and provides of dote EASEMENT PEED GRANTED era sEACOasr uttn.aurNORlrr one e4ez.PAGE 16.6 E ORB of this wrvey. r ramp..ACcES To ACCESS EASEMENT ccu z aRANTm en WOOED PIA. ORB�noso peso 754 MICHAEL.B.SCHORAH 8 7.Coordinates shorn hereon reference North American Datum l(N.A.D.)1963 ar ,loons aeaxr or s spec EASEMENT er•e.aceles ono H6ee.ease Ises &ASSOCIATES,INC. oo^ t (1990 tlNstment).Florida East Zone and projected in State Plane as published erRS I )E3 1 by theaPWm Beech County Survey Department. - 30 ins psn.5-err west P,ua6sA4 P�E�vwsffiAna mww'asAOe JOB NO.1268 SHEET NO I OF 2 I I. 1 O�� ,i, eat. ,,,,,,,,,GRAPHIC SCALE _m _ . �0_ �` W DI .m,np arR i � i .,. € U . A . pQ qqLO1 CATION MAP x`4 07 j WEST TOWN SITE TO THE m R r 3 m LANDS OF PROSPERITY FARMS CO Ia= V^Fg e c . .IPI 11 `QQQNNNI... 0 1137.21.'Mg 'OWN IWI n On e 'EAST ' SR\ /. ,N G NPD NT DRIIVE (PI II\ 09. - T:\\p) 1 O $ F 9 DI m\ \\ n 'LQyI N.e oo r BRASS s _ 9r r i e N\\ T m\ a'=o, IPII � 9 PARK LANE 1Pl — — , o rESi o� ��, _'— P a IJ1l mC 17 20 E"R.E.iP. -———— 1 6_. . -- T — .° -.----'E W `: 5` V .r SEC e r s Nxc PR.3/N•x N CUTOUT 1� - — Hb_L T- — . � _ 999• T 309E BOO xm•....0 P 1 -P i CORNER aSSSNT ADD 111 1 - _ r 1 r ,� 99.83'(M) a �uN°I oos eis W F. W v F. A.a,.ES: r. �� 00.00'2PE 10) ESTL II - s agecra-4310,01 ! N. W m - W _ c NmvrD.t OS 1 `� s •• rDa .. D�w I ? 9 •NOZ'23'13'E -� +l O�w°nwi Pd km'MO I = NOP,�3'tl14 f01 • I I..00 (NOT INCLUDED) i } ADJACENT `I NOR THLAKE/CONGRESS _ .1. PARCEL COMMERCIAL CENTER - LU (NOT INCLUDED/ r P.B. 90, PG. 122. P.B.C.R_ o1 z D NORTH._-:.o1M:—III a,u=. J— aI. Q 3- It Dr TN II IMPROVEMENTS. 'LOCATED M,R_ If T II z 0 < TRATLERS AND OTHER Nor 3r 37E I M"LM;oaER z p 147.60'(M)1� 'n` " I III Q I{r.p9'101 I PARCEL + -' l ill _ 1 O ENO S/N'IR • NOP3111�RRR'29.E I END iFC Le9S9 HILLTOP GARDENS — Loosseo Gorr. 'w N99•Y9'36'W 11 n..E.,. 23 163 ACRES MONUMENT LIMN .0 _,• J •C J e PARCEL J _ g _ O JJII M 1 �,E HESEI:oC IriOr3E i%aOi r 11 u» rannl II 6• Ia _ EOwE FA°7, M:ilE iT'44 M1 1 CONGRESS AVENUE u 319.69'NOP36'03'E(01 I '.m S (NOT INCLUDED)--yam C u'= 91 8.99(M) NOP 37''339E III ` I N rc iS jj\1,\\\\ F'..o'o`"IE,n o`. ill agcy.IM F"o,N,L,;. I _F _F ITO""TwE;FE m.,I .1— 11 J I„ THE SE,EN89.M.114 i — n. nnllll I P COVE-I/IDI I 1 I — — — L46, 113.93'1M) 1 —— — Ili— — (NOT RECOVERED, —� N9936'3rW(DI x N gr ——_• �I� �I N„,x,c.,.r..M I _ .)UI I I z tl3.93' EAD oCg :If/ J - -- -— L_— U III (NOT INCLUDED) I r aEVS JJ— — --- I csliul�LJ 1 . PLAKES o'. 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TO ALTERNATE A-1-A -WATER PLANT NELL -VACANT LAND EIIET.R/R LINE NOER.NONE=IORNEDI Mil RANKING i • 1 i EASEMENT LINE CORRIDOR MAP - ALIGNMENT 1A 14 2A SOUTH _NDD=E= ,AOIER`i O 110' 8 80' RIGHT OF WAY SU 6INESSE9 I. 1 ORDINANCE 25, 2009 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA REZONING ONE (1) PARCEL OF 6 REAL PROPERTY COMPRISING APPROXIMATELY TWENTY- 7 THREE AND 16/100 (23.16±) ACRES, MORE OR LESS, IN SIZE; 8 SUCH PARCEL BEING LOCATED NORTH OF NORTHLAKE 9 BOULEVARD, EAST OF THE C-17 CANAL, SOUTH OF THE 10 SEACOAST UTILITY RICHARD ROAD PLANT, AND WEST OF THE 11 HILLTOP PARK MOBILE HOME PARK, INFORMALLY KNOWN AS 12 "HILLTOP GARDENS"; FROM RESIDENTIAL MEDIUM (RM) TO 13 COMMERCIAL GENERAL (CG1) ZONING DISTRICT; PROVIDING 14 THAT THE CITY ZONING DISTRICT MAP BE REVISED 15 ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE AND A 16 SEVERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; 17 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 18 19 20 WHEREAS, the City received application REZN-09-03-000006 from Marty Minor 21 of Urban Design Kilday, on behalf of Hilltop Residential, LTD, for approval of a rezoning 22 to General Commercial (CG-1) zoning district on the 23.16-acre parcel, generally know 23 as "Hilltop Gardens," as more particularly described herein; and 24 25 WHEREAS, the City received application CPMA-09-03-000011 from Marty 26 Minor, on behalf of Hilltop Residential LTD, for approval of a Comprehensive Plan future 27 land use map amendment to Commercial (C) future land use designation on the 23.16- 28 acre parcel, generally known as "Hilltop Gardens," as more particularly described 29 herein, concurrent with the subject rezoning amendment; and 30 31 WHEREAS, the City Council approved a large-scale Future Land Use Map 32 amendment designating the subject site Commercial (C) on , 2009, 33 through the adoption of Ordinance 24, 2009. 34 35 WHEREAS, the Growth Management Department has reviewed said application, 36 and has determined that the subject rezoning is consistent with the City's 37 Comprehensive Plan and Land Development Regulations and has recommended 38 approval; and 39 40 WHEREAS, the Planning, Zoning, and Appeals Board held a public hearing on 41 July 14, 2009, and has recommended approval of the rezoning to the City Council with 42 a vote of 6-1; and 43 44 45 46 47 Ordinance 25,2009 1 WHEREAS, the City Council, as the governing body of the City of Palm Beach 2 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida 3 Statutes, and the City's Land Development Regulations, is authorized and empowered 4 to consider petitions related to zoning and land development orders; and 5 6 WHEREAS, the City Council has considered the evidence and testimony 7 presented by the Applicant and other interested parties and the recommendations of the 8 various City of Palm Beach Gardens and Palm Beach County review agencies and 9 staff; and 10 11 WHEREAS, the City Council has determined that adoption of this Ordinance is in 12 the best interests of the citizens and residents of the City of Palm Beach Gardens, 13 Florida; and 14 15 WHEREAS, the City Council has determined that this Ordinance is consistent 16 with the City's Comprehensive Plan based on the following findings of fact: 17 18 1. The proposed rezoning of General Commercial (CG-1) is consistent with the 19 future land-use designation of Commercial (C). 20 21 2. The proposed rezoning is in harmony with the general purpose and intent of 22 the Comprehensive Plan and the Land Development Regulations, and is 23 compatible with the intensity and density of the surrounding, existing, and 24 future land uses. 25 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 28 OF PALM BEACH GARDENS, FLORIDA that: 29 30 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 31 32 SECTION 2. The zoning of the following-described property, as depicted in 33 Exhibit "A," is hereby changed from Residential Medium (RM) to General Commercial 34 (CG-1): 35 36 LEGAL DESCRIPTION: 37 38 PARCEL 1: 39 A PARCEL OF LAND SITUATED IN SECTION 18, TOWNSHIP 42 SOUTH, RANGE 43 40 EAST WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, 41 PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY 42 DESCRIBED AS FOLLOWS: 43 44 COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 18; THENCE 45 NORTH 01°35'11" EAST, ALONG THE EAST LINE OF SAID SECTION 18, (THE EAST 46 LINE OF THE SOUTHEAST QUARTER (SE IA) OF SAID SECTION 18 IS ASSUMED 2 Ordinance 25,2009 1 TO BEAR NORTH 01°35'11" EAST AND ALL OTHER BEARINGS REFERENCED 2 HEREIN ARE RELATIVE THERETO), A DISTANCE OF 467.00 FEET TO A POINT IN 3 THE NORTH LINE OF THE SOUTH 467.00 FEET OF SAID SECTION. SAID POINT 4 ALSO BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; 5 THENCE CONTINUE NORTH 01°35'11" EAST, ALONG SAID EAST LINE, A 6 DISTANCE OF 866.86 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 7 HALF (S '/Z) OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 18; 8 THENCE NORTH 88°33'12" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 9 663.32 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (SE 10 1/4) OF THE NORTHEAST QUARTER (NE %) OF THE SOUTHEAST QUARTER (SE 11 1/4) OF SAID SECTION 18; THENCE NORTH 01°36'03" EAST, ALONG THE WEST 12 LINE OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHEAST QUARTER ( NE 13 %) OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 18, A DISTANCE OF 14 666.27 FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 15 88°36'37" WEST, ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER (SW 16 %) OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 17 1/4) OF SAID SECTION 18, A DISTANCE OF 113.83 FEET TO THE EAST RIGHT-OF- 18 WAY LINE OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT'S C-17 19 CANAL; THENCE SOUTH 12°26'29" WEST, ALONG SAID CANAL RIGHT-OF-WAY, A 20 DISTANCE OF 1573.76 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 21 453.00 FEET OF SAID SECTION; THENCE SOUTH 88°26'21" EAST, ALONG SAID 22 NORTH LINE, DEPARTING FROM SAID CANAL RIGHT-OF-WAY, A DISTANCE OF 23 973.35 FEET TO A POINT ON A LINE LYING 100.00 FEET WESTERLY OF AND 24 PARALLEL WITH THE EAST LINE OF SAID SECTION 18; THENCE NORTH 01°35'11" 25 EAST, ALONG SAID LINE, A DISTANCE OF 14.00 FEET TO A POINT ON THE 26 NORTH LINE OF THE SOUTH 467.00 FEET OF SAID SECTION; THENCE SOUTH 27 88°26'21" EAST, ALONG SAID LINE, A DISTANCE OF 100.00 FEET TO THE POINT 28 OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. 29 30 PARCEL 2: 31 A PARCEL OF LAND SITUATED IN SECTION 18, TOWNSHIP 42 SOUTH, RANGE 43 32 EAST WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, 33 PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY 34 DESCRIBED AS FOLLOWS: 35 36 THE SOUTH 147.58 FEET OF THE WEST 147.58 FEET OF THE SOUTHEAST 37 QUARTER (SE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST 38 QUARTER (SE 1/4) OF SAID SECTION 18. 39 40 SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY AND 41 CONTAINING 1,008,980 SQUARE FEET (23.163 ACRES), MORE OR LESS. 42 43 SECTION 3. The City Manager is hereby authorized and directed to amend the 44 zoning district map of the City in accordance with this Ordinance. 45 46 3 Ordinance 25,2009 1 SECTION 4. All Ordinances or parts of Ordinances in conflict be and the same 2 are hereby repealed. 3 4 SECTION 5. Should any section or provision of this Ordinance or any portion 5 thereof, any paragraph, sentence, or word be declared by a Court of competent 6 jurisdiction to be invalid, such decision shall not affect the validity of the remainder of 7 this Ordinance. 8 9 SECTION 6. Specific authority is hereby granted to codify this Ordinance. 10 11 SECTION 7. This Ordinance shall become effective immediately upon adoption. 12 13 14 (The remainder of this page intentionally left blank) 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 47 4 Ordinance 25,2009 1 PASSED AND ADOPTED this day of , 2009. 2 3 4 CITY OF PALM BEACH GARDENS, FLORIDA 5 6 7 8 BY: 9 Joseph R. Russo, Mayor 10 ATTEST: 11 12 13 14 BY: 15 Patricia Snider, CMC, City Clerk 16 17 18 19 APPROVED AS TO FORM AND 20 LEGAL SUFFICIENCY 21 22 23 24 BY: 25 R. Max Lohman, City Attorney 26 27 28 29 VOTE: AYE NAY ABSENT 30 31 MAYOR RUSSO 32 33 VICE MAYOR LEVY 34 35 COUNCILMEMBER JABLIN 36 37 COUNCILMEMBER BARNETT 38 39 COUNCILMEMBER PREMUROSO 40 /// 41 � / 42 43 44 45 46 47 G:\attorney_share\ORDINANCES\2009\Ordinance 25 2009-hilltop gardens rezoning.doc 5 Ordinance 25, 2009 EXHIBIT A Hilltop Gardens F.t. -,11 retter:41:-v. fz,:,, ,..•;.),--40;:a-..,,, F-1 2 a ...1% ataf SI 41,4i,'" 44`1•\ /11 ,---,K,,,,,,...!,_ iv: I IT 211 TS it: to. ef , ---r 1' ■ ■ ■IIi11RN11R f■IIIIl , t, 14' IF 111111'il.''wl �� `.' r�. ~ t; ‘- ter, P 111. 41(iirAWIf _ 7 n, iii ,,,,,,,,,,„..,,,,..„ , . r ,,, _T it yid Wiiihityjui .1 g on, ` ' 4 ' RAMBOLA ;, "� . _ elj 1 ' Subject Site i. ma IS f y•}welt_n: Y...;..,.!. �4-a /Jiiii If fir rj+ ir---4 ---;...i.iftt I L 1 1 a •• ¢r 4b.:,,,.: jj l j 4.4-'1:45-7 f N "yc t 0 250 500 1,000 1,500 2,000 Feet CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 10, 2009 Resolution 72, 2009 SUBJECT/AGENDA ITEM Resolution 72,2009 -Northcorp Corporate Park PCD: TNS Landis Building Consideration of Approval: A request by Brian Cheguis of Cotleur & Hearing, on behalf of John C. Bills, for approval to raise the existing parapet wall by four (4) feet on the west side of the building; and relocate two (2) existing tenant wall signs. The TNS Landis Building is located on lot 3 within the Northcorp Planned Community Development (PCD). The 3.08-acre site is located at the northwest corner of Burns Road and Riverside Drive. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: , Originating Dept.: FINANCE: N/A City Council Action: City Attorney! Growth Management: [ ]Approval R. Max Loh .n, sq. Project /1 Costs: $ N/A [ ]Approval w/conds Manager / L Total [ ] Denial Development Richard ero [ ] Continued to: Compliance N/A Senior Planner $_ N/A Bahareh Keshavarz-Wolfs, [X] Quasi—Judicial Current FY AICP [ ]Legislative [X] Public Hearing Funding Source: Planning Manager Natalie Wong, AICP Advertised: Attachments: [ ] Required [ ] Operating ❖ Project Application [X] Other NA &Narrative Growth Manage [X] Not Required ❖ Resolution 22, 1998 Administrator ❖ Resolution 12A, Kara L. Irwin, AICP 1999 Budget Acct.#:• ❖ Resolution 72,2009 Accountant N/A N/A • Building Elevations Sarah Varga Approved By: ed Parties: City Mana'-r [ ]Notified [X]Not Required Ronald M Fe , s Meeting Date:September 10,2009 Resolution 72,2009 EXECUTIVE SUMMARY The subject request is for approval of a miscellaneous petition to raise the existing parapet wall on the west side of the building by four (4) feet and relocate two (2) existing tenant wall signs on the TNS Landis Building, which is located on lot 3 within the Northcorp Planned Community Development (PCD). The 3.08-acre site is located at the northwest corner of Burns Road and Riverside Drive. The subject signage is located on the west side of the building and is proposed to be raised five (5) feet above their current location on a newly constructed parapet wall, which will be raised four (4) feet. The subject request does not propose additional signage or waivers. BACKGROUND On September 21, 1989, City Council approved the plats for "The Northcorp Center" and "The RCA Center", by Resolution 82, 1989, and Resolution 83, 1989, respectively. On January 18, 1990, the City Council approved the plat known as "West Park Center" by Resolution 1, 1990, and the plat known as "South Park Center" by Resolution 2, 1990. The Northcorp Corporate Park Planned Community Development (PCD) was approved by the City Council on January 18, 1990, through the adoption of Ordinance 1, 1990. The Ordinance: (1) united all lands comprising the former RCA site into one development order; (2) provided an approval mechanism for future petitions within the PCD; (3) assigned site-specific restrictions to certain lots; (4) established maximum trip generations for the development; and (5) established time-certain conditions of approval for certain road and drainage improvements. Since its approval, several lots have been developed within the PCD. Current tenants within the Northcorp PCD include, among others: Catalfumo; Wackenhut; Anspach; Hampton Inn; Marriot and 3I Implant Innovations. On March 19, 1998, City Council approved Resolution 22, 1998, which allowed for the construction of a 40,000 square-foot office building and associated signage, known as the TNS Landis Building, located on lot 3 within the Northcorp Corporate Park which is adjacent to I-95. Subsequent to the office building approval, City Council adopted Resolution 12A, 1999, which approved changing the color of the signage along I-95 from bronze to blue. LAND USE & ZONING The Future Land Use Map of the City's Comprehensive Plan designates the NorthCorp PCD as Industrial (I). The site has a Planned Community Development (PCD) Overlay with an underlying M1 (Research & Light Industrial Park) zoning district. PROJECT DETAILS The subject request is to provide signage exposure along I-95. The applicant proposes to raise the existing parapet wall located on the west side of the building four (4) feet, from (35'-8" to 39'-8"), and raise the two (2) tenant signs five (5) feet above their existing locations, and attach them to the newly raised parapet wall. The applicant states that due to the newly reconstructed I-95 bridge, the 2 Meeting Date:September 10,2009 Resolution 72,2009 subject site has lost valuable visibility of the building's tenant signage. The applicant has stated that the loss of visibility, "affects the viability of the business and lessens the value of the property." Tenant Signs Resolution 22, 1998, approved the office building and signage for the subject site. The TNS Landis Building was approved for four (4) wall signs. Two (2) wall signs are located on the east facade facing Riverside Drive and the other two wall signs (2) are located on the west façade adjacent to I- 95. The subject signs on the west facade were approved with a letter height of 42-inches and a length of 29 feet long. The applicant does not propose any alterations to the size or color of the existing signage. Currently, the two (2) wall signs located on the west facade of the office building are 28 feet above grade. The applicant proposes to raise the existing two (2) tenant signs five (5) feet above their current location on the building in order to regain the lost visibility from vehicular traffic along I- 95. During the latter part of 2006, the I-95 roadwork was completed, which resulted in widening and elevating the portion of roadway adjacent to the subject site. I-95 was raised approximately six (6) feet from its original elevation and the adjacent retaining wall was also raised an additional three (3) feet. The elevation of the I-95 retaining wall is approximately 44.41 NGVD (about 28.5 feet above the ground). As a result, the building on the subject site no longer has the visibility for which it was originally designed. In order to maintain the architectural integrity of the building the applicant states, "the existing parapet wall will also be raised four (4) feet to maintain the proper massing of the elevation relative to the proposed signage location." In addition, the applicant proposes to wrap the corners of the building with the proposed parapet wall in order to provide a finished appearance to the side elevations. With the addition of the parapet wall, the total building height would be 39'-8", which is below the maximum building height of 50 feet allowed in the M1 (Research and Light Industrial Park) zoning district. STAFF ANALYSIS The intent of City Code Section 78-271 of the City's Land Development Regulations is to "...authorize the use of signs, provided they are compatible with their surroundings, appropriate to the activity that displays them, expressive of the identity of the individual activities and the community as a whole, and legible in the circumstances in which they are seen" (emphasis added). City staff has worked with the applicant, and is in favor of the subject request. Staff believes the applicant's request to raise the parapet wall is in character and harmony with the existing building's architecture, and would not detract from the aesthetics of the office building or adjacent zoning districts. It is also important to note that this petition is unlike the Decorator's Unlimited signage petition (MISC-08-04-000042), approved by the City Council on April 16, 2009, which required approval of a waiver for an additional sign to be located on a tower feature disproportionate to the height of the one-story building. The subject request is for the minimum height necessary for visibility from the I-95 corridor. The addition of the parapet wall is proportionate to the architecture of the building, and is unobtrusive. 3 Meeting Date:September 10,2009 Resolution 72,2009 PLANNING, ZONING & APPEALS BOARD (PZAB) On July 14, 2009,the PZAB voted 7-0 in favor of recommending approval of the subject petition to City Council. STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 72, 2009, as presented. 4 otv 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) nAnnexation ElPlanned Unit Development(PUD) []Rezoning [JAmendment to PCD,PUD or Site Plan OSite Plan Review ['Conditional Use OConcurrency Certificate nAmendment to the Comprehensive Plan nI'ime Extension QAdmi.nistrative Approval 4Miscellaneous [{Administrative Appeal Other Date Submitted: Project Name: TNS LANDIS BUILDING (4800 RIVERSIDE DRIVE)-SIGNAGE MODIFICATION Owner: CENTRE GARDEN CITY ■ Applicant(if not Owner): Applicant's Address:3950 RCA BLVD. STE.5000 Telephone No. Agent:BRIAN CHEGUIS-COTLEUR&HEARING, INC. Contact Person: BRIAN CHEGUIS E-Mail: bcheguls @cotleur-hearing.com Agent's Mailing Address: 1934 Commerce Lane,Suite 1,Jupiter,Florida 33458 Agent's Telephone Number: (561)747-6336 x 127 FOR OFFICE USE ONLY Petition Number: Date&Time Received: Fees Received Application$ Engineering$ Receipt Number: JUN 0 2 Mg PLANNING . Zri Architect:D.William Beebe,Architect Engineer:ONMJ Cotleur&Hearing, Inc. PIanner: Cotleur&Hearing, Inc. Landscape Architect: Site Information: Note: Petitioners shall submit electronic digital files of approved projects. See attachment for details. Northwest corner of Burns Road and Riverside Drive in Palm Beach Gardens, FL General Location: 4800 Riverside Drive, Palm Beach Gardens,Fl 33410 Address: 12 42 42 Section: Township: Range: 52-42-42-12-18-000-0030 Property Control Number(s): 3.08 acres PCD/PUD/M1 PCD/PUD/M1 Acreage: Current Zoning: Requested Zoning: Flood Zone N/A Base Flood Elevation(BFE)—to be indicated on site plan N/A Current Comprehensive Plan Land Use Designation:INDUSTRIAL OFFICE BUILDING OFFICE BUILDING Existing Land Use: Requested Land Use: OFFICE Proposed Use(s)i.e. hotel, single family residence, etc.: 40,000 SF EXISTING OFFICE BUILDING Proposed Square Footage by Use: Proposed Number and Type of Dwelling Unit(s)i.e. single family,multifamily,etc.(if applicable): Justification Information concerning all requests (attach additional sheets if needed.) {Section 78-46,Application Procedures,Land Development Regulations) 1. Explain the nature of the request: See attached justification statement 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)? 3 N/A 5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78- 261.,Land Development Regulations)? N/A 6. Has project received concurrency certification? Yes Date received: Approval granted March 19, 1998 Legal Description of the Subject Property (Attach additional sheets if needed) Or see attached deed for legal description. Location The subject property is located approximately 0.0 miles)from the intersection of Burns Rd & Riverside Drive ,on thetSnorth past{1outh vest side of Burns Rd. (street/road). Statement of Ownership and Designation of Authorized Agent Before me, the undersigned authority,personally appeared John Clark Bills who, being by me first duly sworn,on oath deposed and says: 4 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 a Miscellaneous Petition the City of Palm Beach Gardens,Florida. 3. That he/she has appointed Brian Cheguis of Cotleur & Hearing,lnc. to act as authorized agent on his/her behalf to accomplish the above project. Name -r ei iii City John Clark Bills agna e of Ow By: Name/Title 3950 RCA Blvd., ste 5000 Palm Beach Gardens, FL 33410 Street Address City, State,Zip Code P. O.Box City,State,Zip Code Telephone Number Fax Number E-mail Address Sworn and subscribed before me this it I of .L , 2-004 . ............F ��,4Notary Public ;'� GOMM/S,-,• is i, C'>y My Commission expires: ? Ne 'Lott vi l� . ti: • 5 Applicant's Certification 1/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 apt '• ilio.g fees become a part of the official records of the City of P. - :'`y En ✓:':N . knot returnable. Applicant is: op Signature of pplicant WIDwner Centre Garden City Print Name of Applicant [Optionee 3950 RCA Blvd., Ste 5000 Street Address [Lessee Palm Beach Gardens, FL 33410 City, State, Zip Code [Agent _ Telephone Number [Contract Purchaser Fax Number E-Mail Address 6 • Palm Beach Gardens Growth Management Department _._ 10500 North Military Trail,Palm Beach Gardens,FL 33410 .__• 561-7994230 Permit# JJllii 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 owner/designee further under- rds that transfer of this responsibility shall require a completed form,signed ands;, ed by the responsible party,and delivered to the City Growth M- i - •e t:: r pa ; - f''•7ame and/or address of the responsible party changes at anytime 4:e.,, .•tic• •n process. II "0,,,, Ott Q ,Owner signature Date John Clar►c Blfls 52-42-42-12-18-000-0030 Owner printed name Property Control Number DESIGNEE/BILL TO: same 5 Designee Acceptance Signature NOTARY ACKNOWLEDGEMENT STATE OF ck,0141 } COUNTY OF CAA-L, ■ (a) 61-CA-1 I hereby certify that the foregoing instrument was acknowledged before me this I day of 3J63C- , 20J , by .1) t1 CLAP-I<- 6tt.S . HI ' he is personally known tomes d . �........ a al n .1/ /, ••GpMMISS/p . /C i z.... :��-t July 16,20 •, -- Notary public signature _ >> : —z• m• _ til t`l t P M OJA- _ —31: nc9s� .* Printed name %,q�• rhm 0 •••o� State of .V. -IQ I- at-large My Commissitun :Wt-q lb it/all ( fr Cotleur & Hearing Landscape Architecture Land Planner_ Envircc.inent.ai 1934 Commerce Lane • Suite 1 • Jupiter, FL• 33458 • Ph 561.747.6336 • Fax 561.747.1377 •www.cotleurhearing.com • Lic#LC-C000239 TNS Landis Building (4800 Riverside Drive) Master Signage Plan Justification Statement INTRODUCTION On behalf of J C Bills, (the "Applicant"), we are pleased to submit for review and approval a Miscellaneous Petition for the relocation of existing approved signage on the TNS Landis building located at 4800 Riverside Drive within the Northcorp PCD. The subject signage is located on the west side of the building and has been blocked from view due to the recent re-construction of Interstate 95 (1-95). The two existing tenant signs are proposed to be raised from their current location facing 1-95 approximately 4-5 feet. This request does NOT include additional signage, larger signage than what was originally approved or waivers for the proposed height of the signage. The building is located on the northwest corner of Burns Road and Riverside Drive east of 1-95. APPLICATION i. Miscellaneous Petition(base fee).....................................................$1,650.00 Legal Escrow............................................................................. $1,000.00 Pre-Application Meeting Fee............................................................$ 200.00 Total Fees Amount.................. ......................................$2,850.00 PROJECT CONTACTS APPLICANT J C Bills Properties 395o RCA Boulevard, Suite 5000 Palm Beach Gardens, FL 33410 561.627.7551 AGENT/GRAPHICS SPECIALIST/LAND PLANNING Cotleur& Hearing, Inc. Brian Cheguis, Senior Land Planner 1934 Commerce Lane,Suite 1 Jupiter, FL 33458 561.747.6336 bcheguis @cotleur-hearing.com rt G i F ?:!"4,,M '`•�bq�f'"�11 ,fir D N S `° i'•i E i ,�3u Page 1 of 5 rm '. " �i. TNS Landis Building(4800 Riverside Dr.) Miscellaneous Petition for Signage CH Project#:09-0501 Pre Application 05.18.2009 HISTORY On January 18, 1990,the City Council of Palm Beach Gardens adopted Ordinance 1-1990 which rezoned Northcorp Center, RCA Boulevard Center,West Park Center, and South Park Center from Research and Light Industrial (M-1) to Planned Community Development District (PCD)/Planned Unit Developments (PUDs) with an underlying zoning designation of M-1. As part of that Ordinance, City Council approved the condition that subsequent approvals shall be by resolution without newspaper publication or notice being required. On March 19, 1998, City Council approved Resolution 22-1998 which allowed for the development of a 3.08 acre site(Lot 3 of South Park Center)with up to 40,000 square feet of Office Building use. The approved plan allowed for the development of a 35 foot 8 inch two story office building with building signage(upto 4 signs)and a monument sign. Subsequent to this approval, the following year, Resolution 12A, 1999 was adopted by City Council changing the color of the original building signage facing 1-95 from bronze to blue. REQUEST The applicant is requesting to relocate two (2) existing approved tenant wall signs on the west building elevation to restore visibility from 1-95. The building is currently occupied by TNS Landis and Belcan Corporation. While the main access for the building is from Riverside Drive, the more viable and prominent frontage is the rear of the building which faces I-95. Due to the expansion and reconstruction of the Interstate in this area,the current signage on this facade is no longer visible. This loss of visible signage affects the viability of the business and lessens the value of the property. This site and building are located at the highest point of the newly reconstructed 1-95 bridge where it crosses over Burns Road. The building is currently approved for four(4)wall signs. This consists of one(2)signs on the east side of the building along Riverside Drive (not considered a part of this request)and two (2) on the west elevation. The subject signs on the west facade were approved at a dimension of 42 inches high by 29 feet long and are identified as "Building Name or Major Tenant" signage. As part of this request the applicant is not proposing any additional signage or signage inconsistent with the existing approval. Unlike similar application requests in the area,this request is merely seeking to relocate the existing approved signage at this time. The subject signage is located approximately +/-28'above grade. The applicant proposes to relocate these two (2) existing tenant wall signs approximately 5 feet above their current location to+/-33'-0"above grade. The existing parapet wall will also be raised 4'to maintain the proper massing of the elevation relative to the proposed signage location. The expanded parapet wraps the corners of the building to provide a finished appearance to the side elevations. With the addition of the parapet, the building will be +/- 40'-8" tall and will not exceed the maximum building height of 50' allowed in the M1 zoning district. There are no other proposed architectural changes and this request does not necessitate any site or landscape modifications to the property. (See attached photographs) Page 2 of 5 TNS Landis Building(4800 Riverside Dr.) Miscellaneous Petition for Signage CH Project#:09-0501 Pre Application 05.18.2009 . ' c,;r s ' i ep, itlit y.q.•... .�.iiPJlLF..iJ."MiML�L'�Mf _ tlu ._......_. .. l ca.r..r..+xa.+—sue- 4 • .f�..Hw9!Aw.•Y+a.rsiM.M+wI.MMr1.v..t.}s. - ....._. .0 • 1 View east from the edge of the westernmost northbound travel lane of 1-95 fill,,:,'. NI; 1' l €4!.:',7-7,-e.,....,.71::,,,-.7,411:4:4",.7,7:::t;4:'4:4-,,*- 441114.k-'1::' ' ., ,, ,, Ti • ;�- • } 1 pia 1 it . 8_ _ 3 { , View northeast from base of building showing the existing approved signage Page 3 of 5 TNS Landis Building(4800 Riverside Dr.) Miscellaneous Petition for Signage CH Project#:09-0501 Pre Application 05.18.2009 _shy' `• s.• • - jt t s ,1 t / / �/',L� v ,vii' . ' I' tiros" a+ w'a. } fi , y^ View northeast from Burns Road 1%. , ` • i .� k* \ ,t.. `... AT �y- ;; I ,.1 • .14' ' ` I v%kt,k 1 .'VA. . ...Vyi V I tip; •4 . r Sp i /` 6;� „ 'ti`4� g;4�,.4,1.1 4+1i d( p, 4�a•T •i .rte tNo I I •♦_� r iy ,; 't' gl t r i 1 �, • .1,t fy' .i I% t� te i ,� tir -�--- ,�6 ,►. �, . - • at !�a t.a o T -- -'.'S�' �S •, ~r : ,'AP rZ,a�OPTirci c..r : • C�sri.. �'ii,-rar. 1"y'�;8''t 915 a°•i�r„st tR6 1 ff 1�a7Ni ..�aaI�aa ' ,-. • • -°r �.la y �a /1al 'y ugyirr _�.� i4%.1,i -�- -47-..•,i A�' p r T o t! sT ?4w g ,. • i View west from edge of site to 1-95 Page 4 of 5 TNS Landis Building(4800 Riverside Dr.) Miscellaneous Petition for Signage CH Project#:09-0501 Pre Application 05.18.2009 The Appicant is seeking relief from the visual obstruction created with the reconstruction and ultimately the raising of Interstate 95 to it's current height/configuration. The loss of visibility from this significant roadway imposes a visual impact to the name recognition of two significant employers within the City of Palm Beach Gardens. WAIVERS No waivers are required as part of this petition for relocation of existing approved signage. CONCLUSION The request is consistent with the Comprehensive Plan which recognized the approval of the signage for viewing by the general public as part of the original design of the Office Building. The loss of view due to the reconstruction of 1-95 significantly impacts the economic viability of the property due to the loss of visibility from passers-by and the loss of name recognition being located within the City of Palm Beach Gardens. The Applicant is merely seeking the relocation of existing approved signage and is NOT adding signage, increasing the size of the signage, requiring waivers due to the request or impacting the existing site and landscape improvements. The Applicant is seeking Staff, the Planning Zoning and Appeals Board and ultimately City Council approval of this minor request for Miscellaneous Petition for signage. • Page 5 of 5 RESOLUTION 22, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SITE PLAN FOR THE CONSTRUCTION OF AN OFFICE BUILDING ON 3.08 ACRES ON LOT 3 OF SOUTH PARK CENTER WITHIN NORTHCORP PLANNED COMMUNITY DISTRICT; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City Council of the City of Palm Beach Gardens has received an application to approve a site plan for the construction of 40,000 square-feet of office on 3.08+/-acres on lot 3 of South Park Center within the Northcorp Planned Community District; and WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the City's Comprehensive Plan. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1,The City Council of the City of Palm Beach Gardens hereby approves a site plan for the construction of 40,000 square-feet of office building on 3.08+/- acres on lot 3 of South Park Center generally located at the northwest corner of Riverside Drive and Burns Road, within the Northcorp Planned Community District, Section 2. Construction of said development shall be in accordance with following plans on file with the City's Growth Management Department: 1. March 9, 1998, Site Plan,Urban Design Studio, 1 Sheet. 2. March 9, 1998,Landscape Plan,Urban Design Studio, 1 Sheet. 3. December 12, 1997,Vegetation Assessment, Urban Design Studio, 1 Sheet. 4. March 9, 1998, Plant Detail Sheet,Urban Design Studio, 1 Sheet. 5. March 9, 1998 Site Lighting Plan,Urban Design Studio, l Sheet. 6. March 9, 1998, Conceptual Drainage Plan, Keshavarz & Associates Inc. Sheet 1 of 1. 7. January 20, 1998, Building Elevations, Oliver. Glidden&Partners, Sheet A-2. 8. January 9, 1998,Floor Plans&Roof Plan,Oliver.Glidden&Partners,Sheet A-1. Section 3. Said site plan approval shall comply with the applicable conditions of Ordinance 1, 1990 and the following condition: 1. The applicant is required to meet the "Undeveloped Lot Drainage Standards" prepared by Keshavarz&Associates and accepted by the City Engineer. 2. Prior to the issuance of any building permits for any undeveloped lots in the PLAT OF SOUTH PARK CENTER, the contract shall be let for installation of a traffic signal at the Burns Road and Riverside Drive/West Park Drive intersection including all appropriate pavement markings, signing, lighting and the like as approved,if warranted. Prior to the issuance of any certificates of occupancy for any land uses in undeveloped lots of the PLAT OF SOUTH PARK CENTER,the traffic signal at the intersection of Bums Road and Riverside Drive/West Park Drive shall be fully operational,if warranted. 3. The building shall be limited to an office use. 4. The following waivers are hereby granted with this approval: a. Waiver of the requirement pertaining to the size of loading spaces; b. Waiver of the requirement pertaining to the dimensions of the parking Resolution 22, 1998 Page 2 stalls; c. Waiver of the requirement pertaining to the side setback for the signs. Section 4. This Resolution shall be effective upon adoption. INTRODUCED,PASSED AND ADOPTED THIS 1*DAWARCH 5, 1998. Pi PHR SO,MAYOR ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. KOSIER SUFFICIENCY. BY• �4j Q)P4j,e/t CITY ATTORNEY VOTE: AY NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO ' V COUNCILMAN JABLIN ✓ COUNCILMAN CLARK \bk planning:\shorty 1\sp9717.re Resolution 22, 1998 Page 3 • • RESOLUTION 12,1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,FLORIDA,PROVIDING FOR AN AMENDMENT TO THE APPROVED SITE PLAN FOR LOT 3 OF SOUTH PARK CENTER TO PROVIDE A CHANGE TO THE COLOR OF THE WALL SIGN FACING INTERSTATE 95; AND PROVIDING FOR AN EFFECTIVE DATE; WHEREAS,the City Council of the City of Palm Beach Gardens approved the site plan for the construction of 40,000 square-feet of office on 3.08+/-acres on lot 3 of South Park Center within the Northcorp Planned Community District by Resolution 22, 1998; and WHEREAS,the City Council of the City of Palm Beach Gardens has received an application to amend the approved building wall sign color,facing Interstate 95 from bronze to solid blue; and WHEREAS,the City's Growth Management Department has determined that approval of said application is consistent with the City's Comprehensive Plan. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section The City Council of the City of Palm Beach Gardens hereby approves an amendment to the plans approved by Resolution 22, 1998 to change the color of the building wall sign facing Interstate 95 from bronze to solid blue. The building is located on 3.08+/- acres on lot 3 of South Park Center generally located at the northwest corner of Riverside Drive and Bums Road, within the Northcorp Planned Community District, Section 2. Construction of said development shall be in accordance.with the following document on file with the City's Growth Management Department: 1. May 6, 1998 & date-stamped March 16, 1999, Building Elevations by Oliver.Glidden&Partners, Sheet A-6. Section 3. This Resolution shall be effective upon adoption. Resolution 12, 1999 Page 1 IP • INTRODUCED, PASSED AND ADOPTED THIS w DAY O 9. O • ` ' R113.24, MkfOR ATTEST: APPR S/ ED AS TO LEGAL FORM AND LINDA V. KOSIER SUFF IENCY. BY: etth) 01/44,0eff OagYant , -m & . dI'fY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO ✓ COUNCILMAN SABATELLO COUNCILMAN JABLIN / COUNCILMAN CLARK ,/ — \bk planning:\shortr-1\misc9819.re • Resolution 12,1999 Page 2 t ; 1 RESOLUTION 72, 2009 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AMENDING THE SIGNAGE OF THE 6 TNS LANDIS BUILDING TO CONSTRUCT A PARAPET WALL AND 7 RAISE THE HEIGHT OF TWO (2) TENANT SIGNS ON THE WEST 8 ELEVATION OF SAID BUILDING, GENERALLY LOCATED AT THE 9 NORTHWEST CORNER OF THE INTERSECTION OF BURNS ROAD 10 AND RIVERSIDE DRIVE, AS DESCRIBED MORE PARTICULARLY 11 HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 12 PURPOSES. 13 14 15 WHEREAS, on March 19, 1998, the City Council adopted Resolution 22, 1998, 16 thereby approving the site plan for the construction of a 40,000-square-foot office 17 building on 3.08+/- acres on Lot 3 of South Park Center within the Northcorp Planned 18 Community Development (PCD); and 19 20 WHEREAS, on May 6, 1999, the City Council adopted Resolution 12A, 1999, 21 thereby approving an amendment to plans approved by Resolution 22, 1998, to change 22 the color of the building wall signs facing Interstate 95 from bronze to solid blue; and 23 24 WHEREAS, the City has received a request (MISC-09-06-000059) from Mr. 25 Brian Cheguis of Cotleur & Hearing, Inc., on behalf of John C. Bills, for an amendment 26 to the signage of the TNS Landis Building to construct a parapet wall and raise the 27 height of two (2) tenant signs on the west elevation of the building; and 28 29 WHEREAS, the subject site has a Planned Community Development (PCD) 30 Overlay with an underlying zoning designation of Research and Light industrial Park 31 (M1); and 32 33 WHEREAS, the Growth Management Department has reviewed the application 34 and has determined that it is sufficient; and 35 36 WHEREAS, the Planning, Zoning, and Appeals Board reviewed the petition for 37 an amendment to the signage of the TNS Landis Building to construct a parapet wall 38 and raise the height of two (2) tenant signs on the west elevation of the building at its 39 July 14, 2009, meeting and recommended approval by a vote of 7-0; and 40 41 WHEREAS, the City Council has considered the evidence and testimony 42 presented by the Applicant and other interested parties and the recommendations of the 43 various City of Palm Beach Gardens review agencies and staff; and 44 45 WHEREAS, the City Council has deemed approval of this Resolution to be in the 46 best interest of the citizens and residents of the City of Palm Beach Gardens. Resolution 72,2009 1 NOW, THEREFORE, BE IT RESOLVED 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 miscellaneous petition from Mr. Brian Cheguis of Cotleur & 7 Hearing, Inc., on behalf of John C. Bills, for the TNS Landis Building is hereby 8 APPROVED on the following described real property: 9 10 LEGAL DESCRIPTION: 11 12 LOT 3, OF SOUTH PARK CENTER, ACCORDING TO THE PLAT THEREOF, 13 RECORDED IN PLAT BOOK 67, PAGE 87, OF THE PUBLIC RECORDS OF PALM 14 BEACH COUNTY, FLORIDA. 15 16 SECTION 3. This miscellaneous petition is approved subject to strict compliance 17 with the Exhibits attached hereto and made part hereof as follows: 18 19 Exhibit 1. 4800 Riverside Drive Building, prepared by D. William Beebe for 20 Presidential Construction Corp., dated May 14, 2009, and received 21 by the City on June 2, 2009. 22 23 SECTION 4. This approval shall be consistent with all representations made by 24 the Applicant or Applicant's agents at any workshop or public hearing. 25 26 SECTION 5. Any and all future amendments to the TNS Landis Building signage 27 shall be approved by resolution of the City Council, except as otherwise provided in the 28 City of Palm Beach Gardens Code of Ordinances. 29 30 SECTION 6. This approval shall be subject to and consistent with all previous 31 approvals, if any, except as modified herein. 32 33 SECTION 7. This Resolution shall become effective immediately upon adoption. 34 35 36 (The remainder of this page intentionally left blank) 37 38 39 40 41 42 43 44 45 46 47 2 Resolution 72,2009 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 S 41 42 43 44 45 46 47 G:\attorney_share\RESOLUTIONS\2009\Resolution 72 2009-northcorp park-tns landis bldg signage.doc 3 1 I 1JH , 11 1 I ( :• -� :_ '". , ._ _ I is• y t - i , le 1 ,,. let a * !".tIkillItilio, , -,„._'s JOS . ; 11, , . I I I 1 . ,-1, , ..tin t .4 1 } M.. 1 i 1 .; 4 " --. - , . )11:4111.61Ntrite; 1 II1 :tp:.'k r �y �r' -ire:-• - .. ' 1 I 1 1�''''' ..11:- - •1111, .....11 Il it• t �� �. t 1 1 1 1 1 i �a.• y • _ 1 1 1 1 1 1 341, . �t i t 1 1 i 1 1 p.} ..ce I ... jit gal 1 , Tit illIalk.Ilk, '• c . . • ,.; ,• tl 1374..,of, . 1 1 k ' \ 1 • J• -,....,..- .,..,44.11:1..iiiipligo!,ii...7..,, ..w,..,1 , -- ,... W .. . , "1-4— i. ' f----If 't- 1 C I , It ' \ A :.. 1.. 4 r 1 IL • 4 . .. 0 riiii... ..... .. it,"A. III_r_...,„■ 714:1144 i . l "4 ::•. -, 14• '''. . 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Cs) S.-, — T --EE�.1�-N OE SEVEN-,. —EST Mr REEAL-M LL R:. a ON (..(5 EI 31-PANTOS NLW I I I 1 I i L1 0 Q DST.BN«GpNw , l� ------- -- -- — — — — — — — Q II, E,ST.MI«IN LM Di 3 Ni �TE-HIW REN -M ,III �' - Q SOUTH ELEVATION (NORTH SIDE REVERSED) a SCALE I/8'•I'-C ,..-- DM 6/IUn1 ow A—I P' CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 10, 2009 Petition #: MISC-09-05-000058 Resolution 74,2009 SUBJECT/AGENDA ITEM MISC-09-05-000058: Doubletree Hotel Planned Unit Development(PUD) Signage Petition Consideration of Approval: A request by Craig McDonald, of Corporate Property Services, Inc., on behalf of E & J Properties, LLC., for an amendment to the approved sign program to increase the letter height of one of the two existing signs on the CVS Pharmacy building. The Doubletree Hotel PUD is located along the northeast corner of PGA Boulevard and Military Trail, and includes the hotel, a self- storage building and the 12,900 square foot pharmacy with drive-through. [X] Recommendation to APPROVE [ ] Recommendati i n to DENY Reviewed by / Originating Dept.: FINANCE: N/A City Council Action: Growth Management: [ ] Rec. approval City Attorne Project Costs: $ N/A [ ] Rec. app.w/conds. R. Max Loh ,Esq. Manager� Total [ ] Rec. Denial Development V=J / i Martin Schneider, [ ] Continued to: Compliance C..✓ AICP $ N/A Bahareh Keshavarz-Wolfs, Planner Current FY AICP [X]Quasi—Judicial Funding Source: Planning Manager [ ] Legislative Natalie Wong, AI P [X]Public Hearing [ ] Operating Growth Manage [X]Other NA Attachments: Administrator Advertised: Kara L. Irwin,AICP [ ] Required • Applicant's submittal [X] Not Required Budget Acct.#: • Resolution 74, 2009 Accountant N/A Sarah Varga sV Approved By: City Man•l-r Affected Parties: • [ ]Notified Ronald .Fere. [X]Not Required Meeting Date: September 10,2009 Petition MISC-09-05-000058 Resolution 74,2009 Page 2 of 4 EXECUTIVE SUMMARY The subject petition is a request for approval of an amendment to the approved sign program for the CVS Pharmacy building located within the Doubletree Hotel PUD. The amendment would allow an increase to the maximum allowable letter height from 24 inches to 30 inches for the CVS Pharmacy sign on the west elevation. Staff recommends approval of the Applicant's revised petition. The applicant initially requested two sign waivers. One requested waiver would allow an increase from 24 inches to 36 inches for the maximum letter heights for the signs on the west and south elevations. A second waiver would allow an additional (third) sign on the building's drive- through tower, which faces north toward I-95. City staff recommended that the increased 36 inch letter size was not well proportioned to the building, and that the addition of a third sign was unnecessary. The Planning, Zoning and Appeals Board (PZAB) agreed with staffs assessment and recommended denial of the original petition. Because of the PZAB's recommendation of denial, the applicant worked with staff to amend the application. The new application no longer seeks to add any additional signage, and the requested increase in letter height is now correctly proportioned to the building façade. Therefore, staff is able to support the revised request. BACKGROUND & PROJECT DETAILS On December 7, 2006, City Council adopted Resolution 128, 2006, amending the Doubletree Hotel PUD to add a self-storage building and a general drug store with two drive-through lanes. The amendment included six waivers. One of the approved waivers (#3 of 6) allowed for one additional wall sign for the drug store. When the Doubletree Hotel PUD amendment was initially submitted in 2006, the applicant had requested waivers to allow three signs for the pharmacy building. In the City's staff report to the Planning, Zoning, and Appeals Board, staff recommended denial of the request for two additional signs per building for a total of three signs per building. Ultimately, the PUD was approved by City Council for a total of two tenant wall signs on the pharmacy building. Resolution 128, 2006, which approved the waiver for the additional sign, did not designate signage size. The signage was designated with 24 inch letter height on the approved building elevations. CVS received building permit approval for two signs with 24 inch letters, as permitted by Code and consistent with the approved elevations. The applicant originally located the "CVS Pharmacy" signs on the west and north elevations in September 2007. However, at that time an overgrowth of trees made visibility from I-95 difficult. Relocation of the north elevation sign to the south elevation was approved in August 2008 through the building permit process, along 2 Meeting Date: September 10,2009 Petition MISC-09-05-000058 Resolution 74,2009 Page 3 of 4 with a small "Minute Clinic" sub-tenant sign (18 inch high logo and 14 inch letter height) on the west elevation. LAND USE & ZONING The subject site has a zoning designation of Planned Unit Development (PUD) Overlay and an underlying zoning of General Commercial (CG-1). The Future Land-Use designation is Commercial (C). The site is located within the PGA Boulevard Corridor Overlay. There are no zoning or land use designation amendments proposed with the subject petition. COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) On June 4, 2009, the subject petition was submitted for review by Development Review Committee members. To date, no objections have been received. SIGNAGE REQUEST After the Planning, Zoning, and Appeals Board (PZAB) recommended denial of its initial sign waiver application, the applicant submitted a revised request for approval of an amendment to the sign program for the CVS Pharmacy building located within the Doubletree Hotel PUD. The revised sign program would amend the approved elevation for the west side of the pharmacy building to allow an increase from 24 inch to 30 inch maximum letter height. The 24 inch CVS sign on the south elevation and the small "Minute Clinic" sign on the west elevation will remain unchanged. The applicant is no longer requesting an additional sign on the north elevation, and therefore no signage waiver is required. STAFF ANALYSIS Staff believes that the revised request to 30 inch high letters is reasonable and is appropriately proportioned to the building façade (see existing and proposed elevations attached). The City's Design Guidelines for Non-Residential Development state: "Sign text should not exceed a reasonable percentage of the field upon which it is placed, nor should the vertical or horizontal dimension of the sign face exceed 80 percent of the vertical or horizontal surface upon which they are placed." The initially requested 36 inch letters would have created a sign that was 24'-7" wide upon a building surface that is 28'-2" wide. Therefore the proposed sign would have covered 87.8 percent of the building width, exceeding the recommended proportion by nearly 8 percent. The proposed 36 inch high letters would not have been better proportioned to the mass and scale of the building than the existing 24 inch high letters. The revised request for 30 inch letters on the 3 Meeting Date: September 10,2009 Petition MISC-09-05-000058 Resolution 74,2009 Page 4 of 4 front facade of the building is more appropriate. The 30 inch letters create a sign 20'-7" wide that covers 73 percent of the building width, which is less than the recommended maximum proportion of 80 percent. The 30 inch letters are also in line with similar stand-alone pharmacy signs approved throughout the city(see Table 1 below). Table 1. Stand-Alone Pharmacy Signage in Palm Beach Gardens Pharmacy Number of Size of approved signs Years of approval/ approved signs enacting resolutions CVS at Donald Ross Two wall signs 24 inch letters 2003 (PUD); Village (approved on elevations) 2004: Donald Ross Village sign program (Reso. 210,2004); 2005: CVS(Reso. 159, 2005) CVS at Prosperity Center Three wall signs 24 inch letters 1988, 1993,2008,2009 (#of signs approved by Reso.90, 1993) CVS at Northlake Square Two wall signs 30 inch letters on north elevation 2004: (Reso. 176,2003) West 24 inch letters on east elevation (letter size approved in resolution) Walgreens at Two wall signs 47 inch letters"Walgreens"+ 18 inch 1998: (Reso. 117, 1998) 3063 Northlake Blvd "pharmacy" (approved on elevations) Walgreens at Mirasol Walk Two wall signs Signs not yet installed. 2003 (PUD); (Resolution gives waiver for one 2008:Walgreens(Reso. additional sign,but does not designate 21,2008) signage size) Walgreens at Legends Two wall signs 34 inch letters on east elevation 2003 (PUD); 21 inch letters on north elevation 2007:Walgreens(Reso. (approved on elevations) 79,2007) PLANNING, ZONING AND APPEALS BOARD (PZAB) RECOMMENDATION At its July 14, 2009 meeting, the Planning, Zoning, and Appeals Board recommended denial of the applicant's original sign waiver request for one additional sign (for a total of three signs on the building), plus an increase in the maximum letter height to 36 inches for existing wall signs on both its south and west elevations. As a result of PZAB's recommendation of denial, staff worked with the applicant to revise the request. The revised request no longer requires sign waivers, and can be approved through an amendment to the signage program by revising the building elevations to indicate a 30 inch letter height on the west elevation only. STAFF RECOMMENDATION Staff recommends approval of Resolution 74, 2009, as presented. 4 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) _Annexation _Planned Unit Development(PUD) Rezoning _Amendment to PCD,PUD or Site Plan _Site Plan Review Conditional Use _Concurrency Certificate _Amendment to the Comprehensive Plan _Time Extension _Administrative Approval XuMiscellaneous - Sign Waivers _Administrative Appeal Other Date Submitted: Project Name: CVS/pharmacy 1E3854 5250 PGA Blvd. - Suite 200 Owner: E&J Pharmacy LLC Address: Palm Beach Gardens. FL 33418 Applicant(if not Owner): CVS Realty Company 1. CVS Drive Applicant's Address:Woonsocket, RI 02895 Telephone No. 954-426-5144 Agent: Corporate Property Servcies, Inc. Contact Person: Craig McDonald &Mail: Craig cps@bellsouth.net 1239 E Newport Center Drive - Suite 113 Agent's Mailing Address:Deerf ield Beach. FL 33442 Agent's Telephone Number: 954-426-5144 Fax Number: 954-570-3391 FOR OFFICE USE ONLY Petition Number: Date&Time Received: Fees Revived Application$ Engineering$ Receipt Number: Architect Phone Number: 1 CITY OF P M OCt G MAY 27 2009 • PLANNING & DING T i ' Engineer: N/A _Phone Number: Planner: Craig McDonald , CPS. INC. Phone Number: 954-426-5144 Landscape Architect: N/A Phone Number. Site Information: Note: Petitioners shall submit electronic digital files of approved projects. See attachment for details. General Location: Military Trail, just north of PGA Blvd. Address: 11000 North Military Trail Section: 01 Township: 42 Range: 42 Property Control Number(s); 52-42-42-01-22-000-0023 Acreage: 0.6315 Current Zoning:CG/PUD Overla3Requested Zoning: same Flood Zone N/A Base Flood Elevation(BFE)-to be indicated on site plan N/A Current Comprehensive Plan Land Use Designation: Commercial Requested Comprehensive Plan Land Use Designation: same Existing Use(s)of Land: CVS/vharmacy with a drive-thru Proposed Use(s)i.e.hotel,single family residence,etc.:same Proposed Square Footage by Use: No change Proposed Number and Type of Dwelling Unit(s) i.e. single family, multifamily, etc. (if applicable): N/A Justification Information concerning all requests(attach additional sheets if needed.) (Section 78-46,Application Procedures,Land Development Regulations) I. Explain the nature ofthe request: sign Waivers: South Elevation = 36" letter height -' 73.94 s.f. "CVS/pharmacy" sign (increase size of letters from 24" to 36" - Code Section 78-285, (2) North Elevation = 24" "C" letter height and 18" "p" letter height - 41.46 square foot "CVS/pjiarmacy" sign (new sign oriented toward 1-95 right-of-way - Code Section 78-285. 2. What will be the impact of the proposed change on the surrounding area? There will be no impact on the surrounding area if the proposed signage waivers are approved. • 3. Describe haw 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)? The CVS project was previously granted site plan approval and complies the the City's requirements tor pre vation of natural Lebuutic..e S and native vegetation. The propgg+ed signage waivers will in no way adversely affect the City's requirements for the preservation of natural resources and native vegetation. 3 , t • • 5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78-261,Land Development Regulations)? The CVS project previously received site plan approval and complied with the Art in Public Places requirement. The proposed signage waivers will not be required to provide any further art or a contribution towards the City's fund for Art in Public Places. 6. Has project received concurrency certification? The CVS project previously recevied a concurrence certification. The proposed signage waivers will not cause any Zoncurrency problems. -- Date received: Legal Description of the Subject Property (Attach additional sheets if needed) Or see attached deed for legal description. Hotel Complex Plat Peplat of Lot 2 K/A CVS Pharmacy Parcel Location 11000 North Military Trail 4 I I The subject property is located approximately 1/4 mile(s)from the intersection of PGA Blvd. and Military Trail ,on the_north east, south,_west side of Military Trail (street/road). Statement of Ownership and Designation of Authorized Agent 5 + 1 Before me,the undersigned authority,personally appeared °'� L ,€ J.,4/'A /fu- who,being by me first duly sworn,on oath deposed and says: 1. That he/she is the fee simple title owner of the property described in the attached Legal Description. 2. That he/she is requesting sign waivers in the City of Palm Beach Gardens,Florida. 3. That he/she has appointed Corporate Property Services. Inc. to act as authorized agent on his/her behalf to accomplish the above project. N: . Owner: E gZ J /et3'77E / Joe(' e 4 N P 'r' illedV reamer By: Name/Title / 4115sc )94 ' W ,P4-exif3�if-60- Q %= Street Address City,State, Zip Code-1-0e/i9/4- t3 X/ EK sin le 7-ev P.0.Box/ o City,State,Zip Code b. 6/r 1`" 3 o , sk63 ) 6-e(i C30 , i 3/ Telephone Number Fax Number / CO T it Address / V Sworn and subscribed before me this OL day of 1 ``r ■ 2 C'D 61 . Ala Vir No : Public My Commission expires: gonE'odi St s + 2}12 ,,k „e, 4„,...... ,u 6 , Applicant's Certification invic affirm and certify that Ma understand and will comply with the land development regulations of the City of Palm Beach Gardens,Florida. IYWE 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/in 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: ,../-`t 0 • pplicant _Owner Craig McDonald - Corporate Property Services, Inc. Print Name of Applicant _Optionee 1239 East Newport Center Drive - Suite 113 Street Address Lessee Deerfield Beach, FL 33442 City,State,Zip Code Agent 954-426-5144 xxx Telephone Number _Contract Purchaser 954-570-3391 Fax Number craig_cps@bellsouth.net E-Mail Address 7 • • • 1 , E&7 PROPERTIES, LLC LETTER OF AUTHORIZATION TO WHOM IT MAY CONCERN: This letter is to serve as Landlord approval for Bell Signs, Inc., Corporate Property Services, Ferrin Signs and/or its authorized subcontractors to apply for miscellaneous signs waivers, development applications and permits for and install signage at the following location: CVS #3854 11000 North Military Trail Palm Beach Gardens, FL 33410 Si.n'cerely, „..„2 1/ ;>2,../-j..::7; ?Aga-42,- .-- i , _r 5 2.) ,Ip.-eyet-7, Sworn to, Sub cribed before me this Day of , 2009. e: // Notary P • 14k, RHEA E SL{NGER lte•c MY COMMISSION#00855297 EXPIRES January 27,2013 •07 34-0163 F• . . a«Mo•.00m 5520 PGA Boulevard, Suite 200, Palm Beach Gardens, Florida 33418 (561) 630-8630 • (561) 630-8631 r - ' CORPOI( .TE PROPERTY SERVI( .S, INC. 1239 E. NEWPORT CENTER DRIVE• SUITE 113- DEERFIELD BEACH, FLORIDA 33442 SIGN WAIVER REQUESTS CVS Pharmacy #3754 11000 North Military Trail Palm Beach Gardens, Florida May 27, 2009 The subject CVS Pharmacy is located along east side Military Trail, north of PGA Boulevard The parcel has a General Commercial zoning designation, with a Planned Unit Development (PUD) overlay district, and a Commercial future land use designation. On December 7, 2006, the City Council approved a CVS Pharmacy multi-use development plan with the adoption of Resolution No. 128-2006, which included a retail use (CVS Pharmacy with a Drive Tluu), and a medical office (Minute Clinic). The CVS Pharmacy has been constructed and is currently in operation. CVS Pharmacy currently has three wall signs on the existing building. EXISTING WALL SIGNS • West Elevation =24" letter height —32.86 square foot"CVS/pharmacy" sign • South Elevation=24" letter height—32.86 square foot"CVA/pharmacy" sign • West Elevation = 14" letter height— 19.56 square foot"+minute clinic" sign Landscaping material installed in conjunction with the original project construction has matured to such an extent that blocks reasonable visibility of the existing south elevation wall sign. Therefore, CVS Pharmacy would like to remove the south elevation wall sign and replace it with a larger wall sign. In addition, a new wall sign, visible to I-95 motorists is needed on the north elevation in order to identify the existing building as a CVS/pharmacy and safely direct them to the store. This sign would be visible to motorists exiting PGA Boulevard at the south and north bound ramps. PROPOSED WALL SIGN WAIVERS • South Elevation = 36" letter height — 73.94 square foot "CVS/pharmacy" sign (increase size of the letters from 24"to 36"—Code Section 78-285) • North Elevation=24" "C" letter height& 18""p" letter height -41.46 square foot"CVS/pharmacy" sign(new sign oriented toward the I-95 right-of-way—Code Section 78-285) A sign waiver applicant must show a special condition, relative to the land which creates a hardship, rather than a condition created by the applicant. In this case, the existing wall sign reduced visibility is a hardship which is the result of the maturing landscape material, rather than a condition created by CVS Pharmacy. Therefore, CVS Pharmacy does hereby request approval of the sign waiver requests,based on compliance with the criteria listed below. 1. The request is consistent with the city's comprehensive plan. Approval of the sign waiver requests will help to promote a better quality urban environment. The City's comprehensive plan encourages commercial development on this parcel. Approval of the sign waiver requests will help to support the functional operation of this commercial establishment, which is certainly consistent with the comprehensive plan. tNITV M Beg GDNS (954)426-51 44 • FAX(954)570-3391 ¢ ,;I� ���}� REGULATORY LAND SE CONSULTANT 6 Z� 9 U CERTIFIED GENERAL CONTRACTOR % ����� CGC 044277 2. The request is consistent with the purpose and intent of this section. The purpose and intent of Section 78-158 of the Palm Beach Gardens Land Development Code is to provide PUD/PCD applicants with the ability to obtain waivers to the PDD code requirements when implementing "innovative and creative techniques and concepts" to the development standards. The community benefit of better visibility of this multi-use establishment, through the architectural signage design theme of the proposed wall signage, is indeed consistent with Section 78-158 of the Palm Beach Gardens Land Development Code. 3. The request is in support of and furthers the city's goals, objectives, and policies to establish development possessing architectural significance, pedestrian amenities and linkages, employment opportunities, reductions in vehicles trips,and a sense of place. Approval of the requested sign waivers will further the city's goals of establishing employment opportunities. Based on the number of stores, the number of people employed, and the demand for its products by the residents of Palm Beach Gardens, CVS Pharmacy is an integral part of Palm Beach Gardens' community and its economy. Approval of the sign waivers will also further the city's goals and objectives for possessing architectural significance by approving signage that will more appropriately match the proportions of the existing building. The mass and scale of the building will be enhanced and the overall look and will be more aesthetically pleasing. 4. The request demonstrates that granting of the waiver will result in a development that exceeds one or more of the minimum requirements for PUI)'s. Ordinance 33, 2006 and Resolution 128, 2006 previously approved the PUD Amendment to allow the 12,900 square foot pharmacy with two drive-thru lanes, a 154,191 square foot self storage building, a 0.56 acre preserve, along with five waivers. This PUD amendment approval provided for a preserve which is not required by code and additional landscaping, which was also not required by code. The granting of the proposed two sign waivers will not in any way take away from or diminish the preserve or landscaping areas that have been provided and exceed the minimum requirements for a PUD. In fact, the proposed signage will be in harmony with the previously approved sign waivers since the signage will provide more adequate visibility for motorists, taking into account long-term tree growth and will not negatively affect the surrounding area or the aesthetic character of the development. 5. The request for one or more waivers results from innovative design in which other minimum standards are exceeded. The existing trees are the proper height and compliment the mass and scale of the existing building, whereas, the existing wall signs do not. The sign waiver requests are resultant of innovative design by increasing the size of the signage letters in order to more appropriately compliment the proportions of the existing building, as well enhance the overall sign program. 6. The request for one or more waivers will result in preservation of valuable natural resources, including environmentally-sensitive lands,drainage and recharge areas,and coastal areas. The proposed signage will not impact natural resources, drainage and recharge areas or coastal areas. The proposed signage will work in harmony with the existing and long term tree growth. r. r 7. The request clearly demonstrates public benefits to be derived, including but not limited to such benefits as no-cost dedication of rights-of-way, extensions of pedestrian linkages outside of the project boundaries, preservation of important natural resources, and use of desirable architectural, building and site design techniques. The public benefit, with regard to approval of the sign waivers, will be to provide adequate and visible signage in order to clearly identify the CVS Pharmacy establishment and in turn will allow motorists the additional time necessary to make a safe transition into the site. A clearly visible sign may prevent traffic problems that may arise from motorists trying to locate the CVS/pharmacy building. In addition, the new north drive-thru elevation wall sign will allow motorist exiting either the I-95 north bound or south bound ramps to identify and safely travel to the store. Without the proposed north elevation wall signage, I-95 motorists would not be able to distinguish the existing building as a CVS Pharmacy. 8. Sufficient screening and buffering, if required, are provided to screen adjacent uses from adverse impacts caused by a waiver. The proposed sign waivers will not adversely impact the screening and buffering of the site. In fact, the increase in the south elevation wall sign letter height will allow the existing trees and the signage to work together to compliment the building architecture. 9. The request is not based solely or predominately on economic reasons. Landscaping material installed in conjunction with the original project construction has matured to such an extent that blocks reasonable visibility of the existing wall signs. Therefore, the waiver requests are not a result of a financial hardship, but rather on an attempt to provide patrons with adequate signage to identify the establishment and make a safe transition into the site. 10. The request will be compatible and consistent with existing and potential land uses adjacent to the development site and will not negatively impact the adjacent and surrounding uses. All development directly adjacent to the CVS Pharmacy is commercial in nature and displays identification wall signs. The proposed sign waivers will not negatively impact the adjacent and surrounding uses. The proposed signage will be complimentary to the existing signage on the self storage building parapet. 11. The request demonstrates the development will be in harmony with the general purpose and intent of this section, and that such waiver or waivers will not be injurious to the area involved or otherwise detrimental to the public health,safety,and welfare. The request will be in harmony with the general purpose and intent of Section 75-158 of the Palm Beach Gardens Land Development Code. Signage installed as a result of approval of the sign waivers will not be injurious to the surrounding area or otherwise detrimental to the public health, safety and welfare. In fact, the public benefit, with regard to approval of the sign waivers, will be to provide adequate and visible signage in order to clearly identify the CVS Pharmacy establishment and in turn will allow motorists the additional time necessary to make a safe transition into the site. . -_ _ -r-- - _--- _-.=-_-_-_---- ir ten. SITE PHOTOCRAPIIS PIPE' : -.-- , . 1 M .r -- . ; !'." 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IIINII StUCFOni 7 r- , Date Prepared: October 17,2006 1 RESOLUTION 128, 2006 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO 6 THE DOUBLETREE HOTEL PLANNED UNIT DEVELOPMENT 7 (PUD), WHICH IS LOCATED ON THE NORTHEAST CORNER OF 8 PGA BOULEVARD AND MILITARY TRAIL, TO ALLOW FOR THE 9 DEVELOPMENT OF A 12,900-SQUARE-FOOT GENERAL DRUG 10 STORE WITH TWO DRIVE-THRU LANES AND A MAJOR 11 CONDITIONAL USE FOR A 154,191-SQUARE-FOOT SELF- 12 STORAGE BUILDING, AS MORE PARTICULARLY DESCRIBED 13 HEREIN; PROVIDING FOR WAIVERS; PROVIDING FOR 14 CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE 15 DATE. 16 17 18 WHEREAS, on April 3, 1997, the City Council adopted Ordinance 14, 1997, 19 thereby approving the Doubletree Hotel Planned Unit Development (PUD), formerly 20 known as Holiday Inn/MacArthur's Vineyard; and 21 22 WHEREAS, on May 4, 2000, the City Council adopted Ordinance 10, 2000, 23 thereby approving an amendment to the Doubletree Hotel PUD to allow for the 24 development of 25,000 square feet of retail space and an 8,115-square-foot restaurant; 25 and 26 27 WHEREAS, the City has received a request (PUD-03-04) from Mr. Marty Minor 28 of Urban Design Studio, on behalf of E&J Properties LLC, for approval of an 29 amendment to the Doubletree Hotel PUD to allow for the development of a 12,900- 30 square-foot general drug store building and a major conditional use for a 154,191- 31 square-foot self-storage building; and 32 33 WHEREAS, the Growth Management Department has reviewed said application, 34 has determined that it is sufficient and is consistent with the City's Land Development 35 Regulations, and has recommended approval; and 36 37 WHEREAS, by adoption of Ordinance 33, 2006 the City Council determined that 38 the site plan approvals and related conditions for the Doubletree Hotel PUD contained 39 in Ordinance 14, 1997 and Ordinance 10, 2000 shall be transferred to this Resolution; 40 and 41 42 WHEREAS, the City Council has considered the evidence and testimony 43 presented by the Applicant and other interested parties and the recommendations of the 44 various City of Palm Beach Gardens review agencies and staff; and 45 46 . . • Date Prepared:October 17,2006 Resolution 128,2006 1 WHEREAS, this PUD amendment petition (PUD-03-04) was reviewed by the 2 Planning, Zoning, and Appeals Board at a public hearing on October 24, 2006, which 3 recommended its approval by a vote of 7-0; and 4 5 WHEREAS, the City Council has determined that adoption of this Resolution is in 6 the best interest of the citizens and residents of the City of Palm Beach Gardens. 7 8 9 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 10 OF PALM BEACH GARDENS, FLORIDA that: 11 12 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 13 14 SECTION 2. The amended development plans for the Doubletree Hotel PUD are 15 hereby APPROVED on the following described real property, subject to the conditions of 16 approval provided herein: 17 18 LEGAL DESCRIPTION: 19 20 THE PLAT OF THE DOUBLETREE HOTEL AS RECORDED IN PLATBOOK 79, 21 PAGES 165 THROUGH 166, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY 22 FLORIDA. 23 24 Planning & Zoning 25 26 1. Prior to the issuance of the first building permit, the Applicant shall post 27 escrow or make payment in-lieu for Art in Public Places in accordance with the 28 City Code. If the Applicant is proposing art on site, an application for art 29 approval shall be submitted.prior to the issuance of the first building permit, 30 and the art shall be approved prior to the issuance of the first Certificate.of 31 Occupancy. If the art is not approved prior to the issuance of the first 32 Certificate of Occupancy, the City shall have the option of withdrawing the 33 escrow. (Planning &Zoning) 34 35 2. Prior to the issuance of the Certificate of Occupancy for each building. all roof 36 to mechanical equipment shall be screened from view, including views from 37 1-95. (Planning &Zoning) 38 39 3. At no time shall staging of construction vehicles and/or service vehicles occur 40 within a public right-of-way. All vehicular construction activities shall use a 41 construction access off of Military Trail. (Planning & Zoning) 42 43 4. Prior to the issuance of the first building permit for vertical construction, the 44 Applicant shall install a six (6) foot tall construction fence with a privacy tarp 45 adjacent to Military Trail. (Planning & Zoning) 46 2 Date Prepared:October 17, 2006 Resolution 128,2006 1 5. Prior to the issuance of the first Certificate of Occupancy. the Applicant shall 2 convert eight(8) pedestrian crossing signals located at the intersection of PGA 3 Boulevard and Military Trail from the existing "Walk & Don't Walk" indicator to 4 a "Countdown-type Pedestrian Signal" indicator, as approved by the City 5 Engineer and subject to FDOT approval. (Planning & Zoning) 6 7 6. All wall and monument sign identifications for the pharmacy and self-storage 8 building shall be red in color. (Planning & Zoning) 9 10 City Forrester 11 12 7. Prior to the issuance of the first building permit for vertical construction, the 13 Applicant shall submit FP&L- and SUA-approved landscape plans for review 14 and approval by the City. (City Forester) 15 16 8. Prior to the issuance of the first Certificate of Occupancy. the Applicant shall 17 install all landscape buffers and road shoulder and off-ramp landscaping, 18 including irrigation, for I-95 (subject to FDOT approval). (City Forester) 19 20 9. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall 21 install S an electrical pipe sleeve for the Military Trail median, if deemed 22 necessary by the Growth Management Administrator. (City Forester) 23 24 10. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall 25 eliminate all invasive non-native vegetation within the 1-95 right-of-way and 26 adjacent to the site. (City Forester) 27 28 11. The Applicant shall maintain all roadway (medians and shoulders) 29 landscaping around the PUD. This condition may be amended at anytime 30 by a mutual agreement between the City and the Applicant. (City Forester) 31 32 12. Prior to the issuance of the first land alteration permit, the Applicant shall 33 install barriers to protect the preserve area and on-site vegetation, which 34 excludes any area expressly approved by the City for clearing. (City. 35 Forester) 36 37 13. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall, 38 remove all prohibited and invasive non-native plants from the site. Once all 39 removal work has been completed, the Applicant shall work with the City 40 Forester to install native material within the preserve to reasonably fill in 41 gaps left from the removal of exotic vegetation. (City Forester) 42 43 44 45 46 3 Date Prepared:October 17,2006 Resolution 128,2006 1 City Engineer 2 3 14. Prior to the issuance of the first land alteration permit. the Applicant shall 4 provide a signed and sealed pavement marking and signage plan. (City 5 Engineer) 6 7 15. Within thirty (30) days of development order approval, the Applicant shall 8 contribute 40% of the total cost for the installation of the traffic signal at Military 9 Trail and Garden Lakes Drive, which the City shall use to reimburse the 10 Midtown (f.k.a. Borland Center) PUD. The Applicant shall coordinate with said 11 development and complete all required on-site improvements in order for the 12 traffic signal to be installed by February 14, 2007. (City Engineer) 13 14 16. The Applicant shall provide the City Engineer with copies of all 15 correspondence to and from regulatory agencies regarding issues on the 16 Doubletree PUD. (City Engineer) 17 18 17. Prior to the commencement of construction, the Applicant shall provide all 19 necessary construction zone signage and fencing as required by the City 20 Engineer. (City Engineer) 21 22 18. Prior to the issuance of the first land alteration permit, the Applicant shall 23 provide surety for public infrastructure, landscaping, and irrigation. The surety 24 shall be based on a cost estimate that is signed and sealed by an engineer 25 and landscape architect licensed in the State of Florida. The surety shall be 26 based on 110% of the total combined approved cost estimates and shall be 27 posted with the City prior to the issuance of the first building permit. (City 28 Engineer) 29 30 19. Prior to the issuance of the first land alteration permit, the Applicant shall 31 provide a cost estimate for all other on-site improvements which do not include 32 public infrastructure, landscaping, and irrigation costs. The cost estimate shall 33 be signed and seated by an engineer licensed in the State of Florida and shall 34 be posted with the City prior to the issuance of the first building permit. (City 35 Engineer) 36 37 20. The Applicant shall comply with all Federal Environmental Protection Agency 38 and State of Florida Department of Environmental Protection permit 39 requirements for construction activities. (City Engineer) 40 41 21. Prior to construction plan approval, the Applicant shall schedule a pre-permit 42 meeting with City staff. (City Engineer) 43 44 45 46 4 1 , , Date Prepared: October 17,2006 Resolution 128,2006 1 22. Prior to the issuance of the first land alteration permit, the Applicant shall 2 provide construction plans, including, but not limited to, paving, grading, and 3 drainage plans along with surface water management calculations and 4 hydraulic pine calculations for City review and approval. The paving, grading, 5 and drainage plan and calculations shall be signed and sealed by an engineer 6 licensed in the State of Florida. (City Engineer) 7 8 23. Prior to the issuance of the first land alteration permit, the Applicant shall 9 provide a letter of authorization from the utility companies allowing 10 landscaping within their easements. (City Engineer) 11 12 24. The construction, operation, and/or maintenance of any elements of the 13 Doubletree Hotel PUD shall not negatively impact the existing drainage of the 14 surrounding areas. If at any time during development it is determined by City 15 staff that any of the surrounding areas are experiencing negative drainage 16 impacts caused by the development of Doubletree, it shall be the Applicant's 17 responsibility to resolve said impacts in a period of time and a manner 18 acceptable to the City. If said impacts are not remedied in a time period and 19 manner acceptable to the City, the City may cease issuing building permits 20 and/or Certificates of Occupancy until all drainage concerns are resolved. 21 (City Engineer) 22 23 25. The build-out date for The Doubletree Hotel PUD shall be December 31, 24 2010, unless extended in accordance with City Code Section 78-61. (City 25 Engineer) 26 27 26. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall 28 re-plat the entire PUD and submit the property owners association 29 documents for the City Attorney's review and approval, which reflect unity of 30 control for the PUD. (City Engineer, City Attorney) 31 32 27. Prior to the PZAB public hearing for the second phase of the hotel, the 33 Applicant shall conduct a complete analysis of the hotel driveways, which 34 include peak-hour traffic data collection and the utilization of the existing 35 counts to forecast future peak-hour trips. The analysis shall be submitted to 36 the City for a coordinated review and determination with Palm Beach 37 County for any needed improvements at the project driveways or the 38 adiacent roadways. (City Engineer) 39 40 28. Prior to the issuance of the first Certificate of Occupancy for the north site, 41 the Applicant shall install the required northbound and southbound turn 42 lanes on Military Trail as reflected on the site plan. (City Engineer) 43 44 45 46 5 Date Prepared:October 17, 2006 Resolution 128,2006 1 Police Department 2 3 29. Metal halide lighting shall be used for all street, walkways, and parking 4 Garage lighting. (Police Department) 5 6 30. Prior to the issuance of the first Certificate of Occupancy for each building. 7 lighting locations and building addresses shall not conflict with landscaping, 8 including lona-term tree canopy growth. (Police Department) 9 10 31. Prior to the issuance of the first Certificate of Occupancy for the self-storage 11 building, the Applicant shall provide a timer clock or photocell sensor 12 engaged lighting above or near entryways and adiacent sidewalks for said 13 building. (Police Department) 14 15 32. Prior to the issuance of the first building permit, the Applicant shall provide a 16 street address system depicting street names and numerical addresses for 17 emergency response purposes. Address system depiction shall be in 8.5" X 18 11" map format. (Police Department) 19 • 20 33. Prior to the issuance of the first Certificate of Occupancy for the self-storage 21 building all entry doors shall be equipped with a metal plate over the 22 threshold of locking mechanism and case hardened deadbolt locks on all 23 exterior doors with minimum one (1) inch throw; door hinges on the interior 24 side of each door; and the main entries to the self:storage building shall be 25 wired for closed-circuit digital camera surveillance system. (Police 26 Department) 27 28 34. Prior to the issuance of the first building permit, the Applicant shall submit a 29 construction site security and management plan for review and approval by 30 the Police Department. Noncompliance with the approved security and 31 management plan may result in a stop-work order for the PUD. (Police 32 Department) 33 34 35. Prior to the issuance of the first Certificate of Occupancy for each buildina, 35 all numerical addresses shall be placed at the front of each buildina. Each 36 numerical address shall be illuminated for nighttime visibility, shall provide 37 bi-directional visibility from the roadway (when applicable), shall consist of 38 eight (8) inches in height, and shall be a different color than the color of the 39 surface to which it is attached. (Police Department) 40 41 42 43 44 45 46 6 • Date Prepared: October 17,2006 Resolution 128,2006 1 Miscellaneous 2 3 36. Prior to the issuance of the first building permit for each phase, digital files of 4 the approved plat shall be submitted to the Planning and Zoning Division, and 5 approved civil design and architectural drawings, including floor plans, shall be 6 submitted prior to the issuance of the first Certificate of Occupancy for each 7 phase. (GIS Manager, Development Compliance Officer) 8 9 37. The Applicant shall be required to notify the City's Public Works Division via 10 fax at least ten (10) working days prior to the commencement of any 11 work/construction activity within any public right-of-way within the City. In 12 the case of a City right-of-way, the property owner has at least five (5) 13 working days to obtain a right-of-way permit. Right-of-way permits may be 14 obtained at the Building Division. Failure to comply with this condition may 15 result in a stop-work order of all work/construction activity within the public 16 right-of-way and the subiect site. (Public Works) 17 18 38. The parapet wall on Building A of the hotel building shall be increased to 19 twenty (20) inches above the roof deck. In addition, all roof top air handling 20 equipment shall be oriented with intake grills facing away from PGA 21 Boulevard. All air handling equipment shall be painted to match the 22 building's fascia color with all equipment names, logos, etc., above the 23 twenty (20) inches painted over. SATISFIED 24 25 _ . ° _ - - - - -, . •- : - _ - - - - = • - -- - -26 - - - - - • . . - : - -- - • -, .. • : - - - •" 2•.. : - 2 " : - -27 driveways: 28 29 - • • - - - - - - - - - •e - : - - - - - - - • - - - 30 = ' -- - - "' - - - - =- - - ' - •• - - _ - - -' = _31 - - - , • , A - • - • - - _ • : - - - - - •e • •• e, 32 - - • , • - = - - - - __ • e -- - - - - - - - - - 33 34 = - - - - - = _ - - - - - - - - - - -• - •- - ° ' - - -35 36 37 ° - - -- - - -- - • : - - - : : •••• , - - - • - = - • - 38 = ' - - - - - e•: . . _ � . _ _ - - - - _ : - - •- _ - - - - - •• 39 - - • - = - _ - - - - - = - _ 40 - - - - - - - -- - - - - - - - -- • - - - - -- - - - -. 41 Engineer) 42 43 • 44 - - - - - - - • : , - - - - • : - - - - - - - .. e " _ . 2 " : 45 ° - •- _ : - - - - - - - - : - '- . ' - - - - 46 7 Date Prepared:October 17,2006 Resolution 128,2006 1 - • - _ - - - • : - - • : ••• : . . : •. - - - . • - 2 . . . - . _ . _ - _ . . . _ _ . _ - _ _ . _ _ .' 4 - - - - - - -! " : - - - _ • - - - - - - - - : . ' • 5 - • - - - - • - - - - - - - - - - '- - - - - - - - 7 - - 8 9 10 . - •- - - - - - - - - - - - _ - - - = - - - 11 - - - - - - - _ . :• : e - - - - - - - - - - - • : ' - - - - - 12 - . ..•.. _ - - • - - - - : -; - . . - - - - 2 " - 13 - • - - - et • :. - - •• - - - - = - - - - - - - - _ - - : e. .• 14 15 16 • • . - •- - • : - - - • _ • - - - - - - - - - - - - - - - - - -17 - - - _ • - - - - - - - -18 • - - - - - - - - •- - - - e - - - - - . - - - . • - - 19 - - _ - •- - - - - - - - - - - e • - 20 - - - - - - _ - - - - - - _ - - - - - : "" : 2_ - • : _ • 21 - - - - - - - _ _ - .: - - - - - - - - : - : : - = 22 - •• - - - - • - = 2 " .. - - - - - 23 - - - - - - - - - - • - • - - -•- - , - • - •• - • - • - = - - -24 . - - - - - - - : • : . : _ : : - - : : :. • - - - - - - - 25 - ' - - - - - • - - - - _ - - = - =, - - - - - - - - - =- - - - --, 26 - - - - - - : - : - - - - 27 28 - - - - - - • - - - - - - - - - - - - - -' ., . 29 - - - - _ - - - • - - - - 30 _ .' _ - - - - 4' - - - - - - - - - 31 - - - - - - - - - - - - - - - - - - • - 32 • - - -- - . : ' - - • : : - - • : - • - - • - - - : - - - 33 - - - - - - - -- - - - - - - - - - . ' . • - - t. ••• : 34 35 • =. - - - - - _ - _ _ = •- - _ 36 •. - • - = - - - -- •- • - ' - - - _ - - - =, - - . . . 37 - - - - - - • - - - - - - - - - - - - - -- - - - - - 3 8 - _ - ■ . - - _ - - • - - - 2 .. - - - - - - - • _ - 39 40 • . - - • - - - - - - - et " : - - - - - : - - 41 °- _ - 42 - - - = = - - '- _," -•. • . - _ : • - - - - - - - - - 43 - - - - - - - - • _ - - = - - - - 44 - - - - - - - - _ - - - - - = - - - . - - - - - 2 " 2 45 46 8 S , • Date Prepared: October 17,2006 Resolution 128,2006 2 _ - .. . - - - - - - - - - - _ -•. - - -•3 • - - - - - - - - - - - - - - -- - e . - - - • - : : •• - - - - - - 4 - - - : _ • : • - - - - - - - - : - - - - - - - : - - • - 5 ngening) 6 7 - - - - - • _ - - - - - • - - • - 8 •JJ - _ - - - - - _ - - - • - • _ • ' • 9 (Planning e ) 10 11 SECTION 3. The City Council of the City of Pa lm Beach Gardens, Florida hereby 12 approves the following six (6) waivers: 13 14 1. Section 78-153, Nonresidential Zoning Districts Regulations, to allow for a 15 building height of 64 feet and 5 stories for the self-storage building. 16 17 2. Section 78-285, Permitted Signs, to allow for 2 self-storage signs to be 18 located above the second floor line. 19 20 3. Section 78-285, Permitted Signs, to allow for one additional sign for the drug 21 store and self-storage buildings. 22 23 4. Section 78-186, Yards, to allow for a 15-foot wide landscape buffer adiacent 24 to Military Trail. 25 26 5. Section 78-319, Minimum Landscape Buffer and Planting Requirements, to 27 allow for a 10-foot wide minimum landscape buffer adiacent to 1-95. 28 29 6. Section 78-153, Nonresidential Zoning Districts Regulations, to allow for a 30 building height of 92 feet and 6 stories for the existing hotel building. 31 • 32 „ . . - = - - - - - - - -, - - - - - 33 34 spaces: 35 36 - • - - - . - - • - - - - - = - - • = - , 37 - - - - - - - - - : - - - - - - - 38 39 40 •. - - - - - : - - - = - - - - - - , 41 - - • - - - - - - - - - - - -- - - - • - - - • - - - - - - - - - ' -, 42 . 43 44 SECTION 5. Said Planned Unit Development shall be constructed in compliance 45 with the following plans, as amended herein, and on file with the City's Growth 46 Management Department: 9 Date Prepared:October 17,2006 Resolution 128,2006 1 1. Master Site Plans, by Urban Design Studio, Sheets 1 to 2. dated October 2 26, 2006, and date stamped by the City's Growth Management Department 3 on October 26, 2006. 4 5 2. Landscape Plans, by Urban Design Studio, Sheets L1 to L7, dated October 6 26. 2006, and date stamped by the City's Growth Management Department 7 on October 26, 2006. 8 9 3. Self-Storage and Drug Store Architectural Elevations, by Blitstein Design 10 Associates, Sheets A-2 to A-10, dated June 8, 2006, and date stamped by 11 the City's Growth Management Department on September 15, 2006. 12 13 4. March 13, 1997, 1'-80" Scale Site Plan, Cooper Cary and Associates, 14 Sheets SP 1. 15 16 5. March 13, 1997, 1'-40" Scale Site Plan, Cooper Cary and Associates, Sheet 17 SP 2. 18 19 6. March 14, 1997, Landscape Plan, Urban Design Studio, 1 Sheet. 20 21 7. March 13, 1997, Conceptual Drainage Plan, Keshavarz and Associates, 1 22 Sheet. 23 24 8. February 14, 1997, Elevations, Cooper Cary and Associates, Sheet A.1. 25 26 9. February 14, 1997, Elevations, Cooper Cary and Associates, Sheet A.2. 27 28 10. February 14, 1997, Elevations, Cooper Cary and Associates, Sheet A.2. 29 30 . - - - - - - -. , - - - - ° - - - = • '- - - - - - - - - 31 32 = - - - - -. _ - - - - - - - . • : : 33 34 _ . _ _ - - - _ - - - - - • - - - - - - . - . - - - - 35 sheet): 36 37 • - - - -- - - - - - -- - - - 38 sheet): 39 41 42 - - - - • - - • - - - • _ - - - - - 43 44 45 . - • . . . - - - - - - - -- - - - - - - - - - - - 46 • - -, - - - - • - - : • . . • . 10 • Date Prepared:October 17,2006 Resolution 128,2006•1 ` - - - - - . . . -- - - - - - - - - - - ' - - - -•-2 3 4 ". - - . . . _ - _ _ - - - - _ A - - - - - - _ • : : - 5 4- 6 7 ` - - = - - . .. - - -- - - - ' - - - • ' 8 , 9 10 . • : . : •• : : ! ! ! -' • - - • • - ' - - - - ' - -11 Studio;-(1 sheet) 12 13 SECTION 6. All future amendments to the Doubletree Hotel PUD shall be 14 approved by Resolution. 15 SECTION 7. This approval shall be consistent with all representations made by 16 the Applicant or Applicants agents at any workshop or public hearing. 17 18 SECTION 8. This Resolution shall become effective immediately upon adoption. 19 20 21 (The remainder of this page left intentionally blank) 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 11 . Date Prepared:October 17, 2006 Resolution 128,2006 1 PASSED AND ADOPTED this 1 day of >Dece,.,8¢4, , 2006. 2 3 4 CITY OF PALM BEAC r EN L* DA 5 6 / 7 BY: / i ...46■01\ 8 � � e. 'u •, Mayor 9 10 ATTEST: 11 12 13 BY: 14 P tricia Sni er, CMC, City Clerk 15 16 APPROVED AS TO FORM AND 17 LEGAL SUFFICIENCY 18 19 20 BY: I 21 Christine P. Tatum, City Attorney 22 23 24 VOTE: AYE NAY ABSENT 25 26 MAYOR RUSSO 27 28 VICE MAYOR BARNETT _ _ ✓ 29 30 COUNCILMEMBERJABLIN 31 32 COUNCILMEMBERLEVY ✓ 33 34 COUNCILMEMBERVALECHE ✓ 35 36 37 Co4C 38 39 40 41 42 43 44 45 46 \\PbgsflleWttomey\attomey_share\RESOLUTIONS\Doubletree-reso 128 2006-revised.doc 12 . • CVS at Doubletree PUD — sign photos page 1 of 3 Ti :1,r i • �..I .s 1 $1 z, p South elevation from parking area. J. .wr _ 1 MF' . '',444t - j -7ei' roo ^ CVS pharmacy from southern entrance from Military Trail. CVS at Doubletree PUD — sign photos page 2 of 3 • • , ; ` . 1 ' n df - *410114 • CVS ground sign from southern entrance from Military Trail. uppiporr- _ _ . Kafr, • West elevation from Military Trail. • CVS at Doubletree PUD—sign photos page 3 of 3 4- y � 1 North-facing drive-through tower. if Z View of 1-95 from north-facing drive-through tower. 1 RESOLUTION 74, 2009 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AMENDING THE SIGN PROGRAM 6 OF THE DOUBLETREE HOTEL PLANNED UNIT DEVELOPMENT 7 (PUD) TO INCREASE THE SIZE OF THE SIGNAGE FOR THE 8 PHARMACY BUILDING, GENERALLY LOCATED AT THE 9 NORTHEAST CORNER OF PGA BOULEVARD AND MILITARY 10 TRAIL, AS DESCRIBED MORE PARTICULARLY HEREIN; 11 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 12 PURPOSES. 13 14 15 WHEREAS, on April 3, 1997, the City Council adopted Ordinance 14, 1997, 16 thereby approving the Doubletree Hotel Planned Unit Development (PUD), formerly 17 known as Holiday Inn/MacArthur's Vineyard; and 18 19 WHEREAS, on May 4, 2000, the City Council adopted Ordinance 10, 2000, 20 thereby approving an amendment to the Doubletree Hotel PUD to allow for the 21 development of 25,000 square feet of retail space and an 8,115-square-foot restaurant; 22 and 23 24 WHEREAS, on December 7, 2006, the City Council adopted Resolution 128, 25 2006, thereby amending the Doubletree Hotel PUD to allow for the development of a 26 12,900-square-foot general drug store building and a major conditional use for a 27 154,191-square-foot self-storage building; and 28 29 WHEREAS, on December 7, 2006, by adoption of Ordinance 33, 2006, the City 30 Council determined that site plan approvals and related conditions for the Doubletree 31 Hotel PUD contained in Ordinance 14, 1997 and Ordinance 10, 2000 shall be 32 transferred to Resolution 128, 2006; and 33 34 WHEREAS, Resolution 128, 2006, approved a waiver for one additional sign for 35 the pharmacy building and approved the elevation designating size and location of 36 signage for the pharmacy building; and 37 38 WHEREAS, the City has received a request (MISC-09-05-000058) from Mr. 39 Craig McDonald of Corporate Property Services, Inc., on behalf of E & J Properties, 40 LLC., for an amendment for waivers to add one additional sign and to increase the letter 41 height of the existing approved signs on the CVS pharmacy building at the Doubletree 42 Hotel PUD; and 43 44 WHEREAS, the subject site is zoned General Commercial-1 Planned Unit 45 Development (CG-1/PUD) and has a future land-use designation of Commercial (C); 46 and Resolution 74,2009 1 WHEREAS, the Growth Management Department has reviewed the application 2 and has determined that it is sufficient; and 3 4 WHEREAS, the Planning, Zoning, and Appeals Board reviewed the initial 5 Applicant petition for additional signage waivers to add a third sign and increase the 6 letter height of two signs to 36 inches at its July 14, 2009, meeting and recommended 7 its denial by a vote of 7-0; and 8 9 WHEREAS, the Growth Management Department worked with the Applicant to 10 revise his request thereby removing the request for a third sign, reducing the letter 11 height from 36 to 30 inches, and eliminating the need for any waivers for the proposed 12 request; and 13 14 WHEREAS, the City Council has considered the evidence and testimony 15 presented by the Applicant and other interested parties and the recommendations of the 16 various City of Palm Beach Gardens review agencies and staff; and 17 18 WHEREAS, the City Council has deemed approval of this Resolution to be in the 19 best interest of the citizens and residents of the City of Palm Beach Gardens. 20 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 23 OF PALM BEACH GARDENS, FLORIDA that: 24 25 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 26 27 SECTION 2. The miscellaneous application from Mr. Craig McDonald of 28 Corporate Property Services, Inc., on behalf of E & J Properties, LLC., for the 29 Doubletree Hotel PUD is hereby APPROVED on the following described real property: 30 31 LEGAL DESCRIPTION: 32 33 THE PLAT OF THE DOUBLETREE HOTEL AS RECORDED IN PLATBOOK 79, 34 PAGES 165 THROUGH 166, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY 35 FLORIDA. 36 37 SECTION 3. The sign program for the pharmacy building at Doubletree Hotel 38 PUD shall be revised as follows: 39 40 1. The pharmacy building shall be allowed to have a wall sign with the 41 maximum letter height of 30 inches on the west elevation. 42 43 SECTION 4. This approval is subject to the following conditions, which shall be 44 the responsibility of the Applicant, its successors, or assigns: 45 46 2 Resolution 74,2009 1 1. A separate building permit application is required for any approved new sign. 2 In addition, engineered details demonstrating compliance with the wind 3 provisions of FBC Chapter 16 will be required. (Building Department). 4 5 SECTION 5. This approval shall be in compliance with the following plans on file 6 with the City's Growth Management Department: 7 8 1. CVS Signage Graphics for CVS Pharmacy #3854, Sheets 3 of 4 and 4 of 4, 9 by Bell Signs, Inc., revised July 22, 2009. 10 11 SECTION 6. This approval shall be consistent with all representations made by 12 the Applicant or Applicant's agents at any workshop or public hearing. 13 14 SECTION 7. Any and all future amendments to the Sign Program of the 15 Doubletree Hotel Planned Unit Development shall be approved by resolution of the City 16 Council, except as otherwise provided in the City of Palm Beach Gardens Code of 17 Ordinances. 18 19 SECTION 8. This approval shall be subject to and consistent with all previous 20 approvals, if any, except as modified herein. 21 22 SECTION 9. This Resolution shall become effective immediately upon adoption. 23 24 25 (The remainder of this page left intentionally blank) 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 3 Resolution 74,2009 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 / 2 41 42 43 44 45 46 47 G:\attorney_share\RESOLUTIONS\2009\Resolution 74 2009-doubletree signage petition.docx 4 CVS #3854 • PALM BEACH GARDENS, FL EXISTING SIGN PACKAGE SQ.FT.CHART WEST ELEVATION 52.42 32.86 SQ.FT. 16'-5 3/16' •1 SOUTH ELEVATION 32.86 • TOTAL 85.28 "° MiNila ..All ...... I 19.56 SQ.FT. I -—T,..—.- ..�..,— —13'-0 1/2--1 f.'� \\ a ® 2•t . •-;c:,. .1— „,mt , "VIM holm � �: MIMI= .111111 li. i 32.86 SQ.FT • / 28'-1 1/2" - --' WEST ELEVATION ff-16•-53!16• { / 1'-10 1/2"x 1'-4"STORE HOURS PLAQUE-2.5 SQ.FT. ' IMAM \ ,.,_ 1 —ri. -I'� • • • - A al k I -- -._. -- --I u• /I uwe �� •V ' w_-I SOUTH ELEVATION 28'-1 1/2" SHEET#1 OF 4 /`//��'_ CUSTOMER APPROVAL SCALE:1/16" = l'-0" REVISED- 06.09.09 THIS IS AN ORIGINALLNPUBLISHED DRawING CREATED(i)II I I BELL SIGNS' I N �/• Underwriters PY BELL SIGNS INC R IS NUBMITTED FOR YOUR Laboratories Inca REVISED PERSONAL USE IN CONNECTION WITH A PROJECT BEING DATE. 2 - 2 - 07 BY: PLANNED FOR YOU BY BELL SIGNS,INC.IT IS SOTTO BE SHOWN TO ANYONE OUTSIDE YOUR ORGANIZATION, DRAWN DWG.3322•R2.PAA1 REACH GARDENS- 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 BY BJM NO.: YmnnsAH-u-C� E%HIBREOIN ANY FASHION. CVS #3854 • PALM BEACH GARDENS, FL EXISTING SIGN PACKAGE SQ.FT.CHART EAST ELEVATION 1.28 NORTH ELEVATION 0.83 TOTAL 2.11 1.2e S0.FL H ---- ------ , 1 1 -. I kii. 1 f ik.fti____ CI Iniusill MR EAST ELEVATION 0.83 SQ.FT. 1'-5• . 1. <,._ , - IM MN g ir l fi ',i riallirA- 4 ■ ■ © R.. - . G . . . . . . - • I� NORTH ELEVATION SHEET#2 OF 4 CUSTOMER APPROVAL 7 /II I B E LL S I G N S INC. SCALE 1 611 1011 REVISED 06.09.09 THIS OA ORIGINAL UNPUBLISHED DRAWING CREATED BEING ()fldefWfllef$ BY BELL SIGNS. INC. IT IS SUBMITTED FOR YOUR Laboratories Inc.® REVISED PLANNED FOR YOU CONNECTION WITH A PROJECT TO BE DATE; ^ PLANNED FOR VOU RY BELL SIGNS,INC.IT IS NOT TO BE 2 - _ O BY: SHOWN TO ANYONE OUTSIDE YOUR ORGANIZATION, 1200 BELL AVE, PANAMA CITY. FL 32401 PHONE.850.763.7982 FAX:850.872.8584 DRAWN DWG.3322.10.2.1.4.BEACH GARDENS. NOR IS IT TO BE USED,REPRODUCED,COPIED.OR CLIENT. CVS PHARMACY BY: BJM NO; Vonortua.-R2.CDR EXHIBITED IN ANY FASHION. CVS #3854 • PALM BEACH GARDENS, FL REQUEST SQ.FT.CHART WEST ELEVATION 51.34 51.34 SQ.FT. SOUTH ELEVATION 32.86 I• 20.67n6 TOTAL 84.20 19.5Q.FT -•-.,s.�-.ems.-��•-_• 6 S`y. 1 -s- --_-_— - - __LA_ .w. I ' +minute 39'-5 1/2,. 1' - �� ��Q ill di .... ...... ., _ II- glik— .e::(-- ' - ." ri,-6; ; kid iii aim iJ I---- mo �� 1 I 1 11 t,' 1:3.1 32.56 SQ.Ft 28'-1.5' WEST ELEVATION 1-16'-53/16' �, I11',,« .� ' 0 I S ■ II-A• s w \.� i. 1=4-: t tom,ME ■I 11• . I . = I� 'J MI 'BIM II 4 SOUTH ELEVATI•N 28'-1.5" SHEET#3 OF 4 Aill CUSTOMER APPROVAL SCALE:1/16" 1'-0 REVISED: 07.22.09 THIS IS AN ORIGINAL UNPUBLISHED DRAWING CREATED 6 E L L SIGNS, INC. Underwriters BY BELL SIGNS INC L IS SUBMITTED FOR YOUR ® Laboratories Inc,. 2 - 2 07 REVISED PERSONAL USE IN CONNECTION WRHA PROJECT BEING u..o DATE: PUNNED FOR YOU BY BELL SIGNS,INC.FT IS NOT TO BE --- -- - SHOWN TO ANYONE OUTSIDE YOUR ORGANIZATION, DRAWN DWG.33224u-rnva�CHG GARDENS- NOR IS R TO BE USED,REPRODUCED,COPIED,OR 1200 BELL AVE, PANAMA CRY, FL 32401 PHONE:850.763.7982 FAX:850.872.8584 CLIENT: CVS PHARMACY BY: BEM NO.: Ya�n -•i COI EXHIBITED W ANY FASHION. CVS #3854 • PALM BEACH GARDENS, FL REQUEST SQ.FT.CHART EAST ELEVATION 1.28 NORTH ELEVATION 0.00 128 SO.FT. TOTAL 1.28 z H zvla L s 634 {�.+t it i a. mil INK ae an it 1 II EAST ELEVATION 0.63 SQ.FT. H F .imr, ••■■■•- _ 0 4 • T =` II 1a. El ma Oillir -. . IIMITM V __--- . .. Ell II II I. A i' ii. ril IN ■ 1111 0■II/I.. . . 1 y . ;,, mili NORTH ELEVATION (� SHEET#4 OF 4 /�� CUSTOMER APPROVAL SCALE:���6" = 1-0" REVISED: 07.22.09 THISISANORIGINALUNPUBIJSHEDDRAWINGCREATED alii BELL SIGNS' I N OndefWFllerS PL BELL FRY INC L IE NS,INC.ITI FOR MOUE Laboratories Inc.. REVISED PERSONAL USE NJ CONNECTION WITH PROJECT DATE: 2 - 2 - 07 EY: PLANNED PERSONAL US INCON BELL ITHA IT NOT TO BE ■ SHOWN TO ANYONE OUTSIDE YOUR ORGANIZATION, 1200 BELL AVE, PANAMA CITY, FL 32401 PHONE:850.763.7982 FAX:850.872.8584 CLIENT. CVS PHARMACY 'D�gy BJM DWG.33224l�JAUdrAt GARDENS. NOB IS DINANYFASHIONpEPRODUCED,COPIED,OP. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 10, 2009 Resolution 69, 2009 Subject/Agenda Item: Resolution 69, 2009, adopting the Fiscal Year 2009/2010 Fees and Charges Schedule [X] Recommendation to APPROVE I ] Recommendation to DENY Re - • •y Originating Dept.: Costs: $ 0 Council Action: 1 Finance (Total) C y ttorney [ ]Approved $ 0 [ ]Approved w/ Current FY conditions [ ] Denied Finance 2 - tor Advertised: Funding Source: [ ] Continued to: ,A, [ ] Operating Attachments: [ ] Other Resolution 69, 2009 Exhibit"A" Master Fees and Charges Schedule Submitted b : Allan Ow- [X] Not Required /.....4-.-- Department Director Affected parties Budget Acct.#: Approv,_• by: ► - ' ' [ ] None dr f i City Manager [ ] Not required Meeting Date: September 10, 2009 Resolution 69, 2009 BACKGROUND: Each year the City reviews its Master Fees and Charges Schedule and adopts adjustments or revisions to the schedule by resolution. Resolution 69, 2009 approves modifications to the FY 2008/2009 City of Palm Beach Gardens Master Fees and Charges Schedule. This schedule includes recommended changes from each department to ensure that fees charged are sufficient to cover the costs of providing services. The proposed Master Fees and Charges Schedule includes recommended revisions stemming from each department's annual review. Amendments to this schedule can be made when necessary via a resolution of the City Council. However, those fees that are set by Ordinance can only be amended by Ordinance (these fees will be annotated on the schedule to avoid confusion.) The most significant of the proposed revisions to the Fees and Charges Schedule are as follows: • Resolution 69, 2009 establishes hourly rates for the Engineering Department personnel as part of the overall Engineering Department cost recovery efforts. These fees have been established based on a study involving various Florida Civil Engineering Firms. • Fees have been included for the installation, maintenance and permitting of alarm systems as well as penalties for excessive false alarms and the misuse of the 911 or Emergency Call System (subject to Council's adoption of Ordinance 27, 2009). • A new section for Community Services has been added and establishes fees to recover costs when other jurisdictions or local HOA's need assistance in the production of various signs, when other jurisdictions seek emergency assistance with fleet repairs, and street sweeping/mosquito spraying services are requested and are outside of normal City operations. Please refer to Exhibit "A" for a comprehensive listing of the proposed changes by department. Copies of the Master Fees and Charges Schedule will be available to the public free of charge through the City Clerk's office and it will also be made available on our website. STAFF RECOMMENDATION: Staff recommends a motion to approve Resolution 69, 2009, adopting revisions to the City of Palm Beach Gardens Master Fees and Charges Schedule, effective October 1, 2009. 1 2 3 RESOLUTION 69, 2009 4 5 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 7 BEACH GARDENS, FLORIDA UPDATING THE SCHEDULE OF 8 FEES AND CHARGES FOR VARIOUS SERVICES RENDERED BY 9 THE CITY OF PALM BEACH GARDENS FOR ITS CITIZENS AND 10 OTHER MEMBERS OF THE PUBLIC FOR FISCAL YEAR 11 2009/2010; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 12 PURPOSES. 13 14 15 WHEREAS, the City Council of the City of Palm Beach Gardens desires to 16 update the schedule of fees and charges relating to various services rendered for the 17 citizens of the City of Palm Beach Gardens and for other members of the public; and 18 19 WHEREAS, the City Council desires to make certain the schedule of fees and 20 charges is available for inspection such that any member of the public may be aware of 21 the cost of each and every service provided by the City of Palm Beach Gardens; and 22 23 WHEREAS, the City Council has deemed adoption of this Resolution to be in the 24 best interest of the citizens and residents of the City of Palm Beach Gardens. 25 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 28 OF PALM BEACH GARDENS, FLORIDA that: 29 30 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 31 32 SECTION 2. Any and all previous fees and charges schedules are hereby 33 repealed in their entirety. 34 35 SECTION 3. The City Council of the City of Palm Beach Gardens hereby 36 approves the schedule of fees and charges attached hereto as Exhibit "A." A copy of 37 the fees and charges schedule shall be kept on file at the City and shall be available for 38 review by the public. 39 40 SECTION 4. This Resolution shall become effective October 1, 2009. 41 42 43 44 45 46 47 Resolution 69,2009 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 27 VOTE: AYE NAY ABSENT 28 29 MAYOR RUSSO 30 31 VICE MAYOR LEVY 32 33 COUNCILMEMBER JABLIN 34 35 COUNCILMEMBER BARNETT 36 37 COUNCILMEMBER PREMUROSO 38 /W-- 39 40 41 42 43 44 45 46 47 G:\attorney_share\RESOLUTIONS\2009\resolution 69 2009 fee schedule update-2009-2010.doc 2 Resolution 69,2009 EXHIBIT A FY 2009/2010 Fees and Charges Schedule lOr City of Palm Beach Gardens FYE 2009 2010 Master Fees & Charges Schedule Effective Date July 1, 20080ctober 1, 2009 Adopted by Resolution 3-369, 20098 BUILDING DIVISION Building Permit Fee*s Based on current fair et valuemarket value of proposed improvement,executed contract or cost of construction using nationally recognized sources such as ICC Building Valuation data,RS Means Cost Data,Marshall Swift or similar publications_\ copy of the contract may be required. Building Permits with Fire Department,CPTED Building Permit Fees plus applicable Fire and Engineering Review and Inspections Department,CPTED and Engineering Fees Minimum Permit Fee $50 Percentage of Valuation: Unit Value: 1.5 The first$20;000.00100,000 plus 1 The remainder(over$20,000.00100,000) Plan Review Surcharge(due upon submittal,based 10%of Building Permit Fee,$25 minimum.Penalty upon estimated construction)not applicable to over fee of 3 times the base plan fee will be assessed on I the counter permits the 3rd and subsequent plan reviews Reference: FS 553.80(2)(b) Training Surcharge 1%of the Building Permit Fee and/or Revision fee,$1 minimum Sub-Permit Administrative Fee(applicable to all $10 sub-permits that are issued over the counter and do not require an independent review) Right of Way Permit Fee 7%of Project Valuation,$50 minimum Temporary Construction Storage Container $50 Expedited or out of sequence review fee 10%of Building Permit Fee,$25-50 minimum Re-inspection Fee $50 for first re-inspection, $100 for second re- inspection,and$200 for third re-inspection and any subsequent re-inspections Penalty for commencing work without first securing Regular fee plus up to three(3)times the normal a permit or written approval Building Permit Fee(at the discretion of the Building Official) Revision fees: (as stated,but not to exceed original permit fee; additional incremental value charges may apply) Major Revision Prior to plan review being completed: no charge (i.e.changes in square footage,model, layout) After plan review is complete: $75 plus$10 per sheet reviewed Minor Revision Prior to plan review being completed:no charge (i.e.,minor changes to: electrical,plumbing, After plan review is complete: $25 plus$10 per windows,product approvals,etc.) sheet reviewed Inspections by special request,same day,after hours $75/hour,2 hour minimum or weekend(subject to staffing availability and as subject to review by the Building Official) 1 IChange of contractor after permit issuance(same $75;regardless of permit type location) Other Professional Services(i.e.,permit research, $50/hour,or portion thereof due diligence reports,insurance affidavits,etc.) _ Address Correction after permit issuance $50 per permit issued with incorrect address Contractor Registration $310 Special Foundation Permit (Phased Construction) Residential: $250 plus surety Commercial: $1,000 plus surety Application Extension Fee(prior to original $25 expiration date) Application Renewal Fee(after,but within,90 days $50 of original expiration date) Permit Extension Fee(prior to expiration) i $25 Permit Renewal Fee(within 180 days after original $50 date) Permit Reissuance Fee(after 180 days of original 30% of original Building Permit Fee, expiration date) $50 minimum plus Plan Review Fee I ( Must meet current code and may require new submittal) Open Permit Status Request $2940 Annual No-fee Sub-Permit Fax Program $200 annually(not pro-rated) Stocking Permit <5,000 SF=$250 >5,000 SF=$750 Phased Occupancy,Conditional Certificate of Residential:$250/$125 Occupancy or Completion Agreement (non- Commercial<5,000 SF: $750/$750 refundable and at Building Official discretion; Commercial>5,000 SF: $1,500/$1,500 original issuance valid for 90 days/extension renewals for 45 days) I Radon and Building Certification Per State of Florida Statutes Land Clearing: -25 acres or less $250 -Greater than 25 acres $250+$5 per acre for cleared land Temporary Tents $50 per trade inspected,plus Plan Review and Fire Department Fees Temporary Signs Commercial (per City code) $75 +$25 Code Inspection Fee Temporary Signs—Residential and Not-for-profit $25 Code Inspection Fee (excludes garage sale,residential open house and residential real estate signs,up to six square feet; _per City code * After a permit has been issued,no inspections have been performed,and the permit is not in an expired status,permits that are withdrawn or cancelled shall be refunded at 50%of the Building Permit Fee above $100.Building Permit Fees less than$100 will not be refunded. All other fees associated with the review or issuances of a permit,aside from impact fees,are non-refundable.Building Permit fees on any permits with inspections completed,regardless of their status,will not be refunded.Requests for impact fee refunds may require a separate request to be filed with Palm Beach County. All requests for refund must be made in writing at the time the withdrawal or cancellation is submitted.All fees are subject to review at the discretion of the Building Official or authorized agents to ensure fees are assessed are consistent with the legislative intent of FS 553.80. ENGINEERING RESIDENTIAL/NON-RESIDENTIAL SECURITY DEPOSIT Single Lot,Single Family Residential $1,000 Small:Generally a small, single user,single structure,out- $3,000 parcel project 2 Medium: Less than 25 acres; generally a mid-range, single $5,000 owner PUD project that may have small out-parcels;a single user with multiple structures or multi-phase project Large: 25 acres or greater and/or multiple users,multiple $10,000 owners, multiple structures Development of Regional Impact(DRI) To be determined following completeness review Pre-Application Infrastructure Review* $5,000,plus$10,000 security deposit Infrastructure Review# ttt ' Review) First page$100 Preliminary conceptual review 6 Second page$75 Third page forward$50 per page Plat Review Hourly rates based on current City's Engineering hourly rates Inspections for the enforcement of the National Pollutant Discharge Elimination System(NPDES) will be performed hourly based on current City's Engineering hourly rates,unless the developer/builder applies for separate inspections as listed below Single family and multi-family building permits NPDES larger than 1 acre(up to 10 acres)or discharging $460 plus$300 for every month of into a storm water treatment serving a larger construction development that is greater than 1 acre NPDES All developments greater than 1 acre and up to 10 $460 plus$375/month of construction' acres NPDES All developments greater than 10 acres and up to $600 plus$500 for every month of 50 acres construction' NPDES All developments greater than 50 acres $750 plus$600 for every month of 7 construction Code Enforcement Hourly rates based on current City's Engineering hourly rates Informal research request Hourly rates based on current City's Engineering hourly rates Work without permit Triple permit fee 2 Maintenance of traffic(MOT)plan review,not associated Hourly rates based on current City's with any other engineering permit Engineering hourly rates 3 City Engineer-$150/Hr. Engineering Associate-$l05!Hr. Engineering Department hourly rates Engineering Inspector-$75/Hr. Eng. Admin. Support- $50/Hr. Other engineering service requests will be charged at the hourly rates established above Overtime,weekend or holiday inspections will be charged a minimum of 2 hours at the rate of one and a half(1.5) times the City's Engineering Department hourly rates. This service is subject to staffing availability and subject to review and approval by the Director of Engineering ENGINEERING PERMIT FEES Infrastructure permit or amendments to infrastructure permits See Schedule A or Schedule B 1'4 (Private or Public) Site plan review during the development review process Hourly rates based on current City's Engineering hourly rates Site lighting/photometric permit Hourly rates based on current City's Engineering hourly rates Comprehensive Plan Amendment or rezoning engineering Hourly rates based on current City's review(if required) Engineering hourly rates Planned Community Development(PCD),Planned Unit Hourly rates based on current City's Developments(PUD)or amendments to PCD/PUD Engineering hourly rates Expedited permit review 5 One and a half(1.5)permit fee` Driveway permit(non residential) See Schedule A or Schedule B 1'4 Resurfacing permit(non residential) See Schedule A or Schedule B ''4 Restriping modification permit(non residential) See Schedule A or Schedule B '.4 Single family or multi family lot grading plan $450 includes as-built review and inspections Surety reductions,releases and any other changes in surety Hourly rates based on current City's (each request or submittal) Engineering hourly rates 4 Schedule A Projects with a construction cost estimate less than$100,000 will be charged hourly rates based on current City's Engineering Department hourly rates. For purposes of estimating a permit fee, the certified construction cost estimate does not need to include items related to utilities or landscaping. Schedule B Projects with a construction cost estimate equal to or greater than$100,000 will be charged 2%of the certified construction cost estimate. For purposes of estimating a permit fee,the certified construction cost estimate does not need to include items related to utilities or landscaping. 1 Includes project review and construction site inspections(does not include NPDES inspections if required). Projects requiring more than two (2)project reviews and/or more than two(2) failed inspections will require additional hourly fees based on the current City's Engineering hourly rates. 2 Included but not limited to all applicable permits and all past present and future associated inspections. If the project is being charged at hourly,the hourly rates will automatically triple. This fee can be lowered at the discretion of the City Engineer. 3 Double fee for only the review portion of the project,not the inspectionportion,thus the fee being 1.5 of the normal fee. If the project is being charged hourly,the current City's Engineering hourly rates will be multiplied by 1.5. 4 At the discretion of the City Engineer, in lieu of a certified construction cost estimate,a signed contract with a general contractor can be acceptable. 5 This fee applies only for non Targeted Expedited Permitting Program(TEPP)certified projects. The expedited review will have a 5 days turnaround time. 6 Conceptual review is non-binding and simply an informal review by staff prior to submitting an application. 7 Construction starts at the time of site clearing and ends at the time of complete stabilization of the site and submittal of the Notice of Termination(NOT)to FDEP. *Security deposits for Engineering will only apply to permits with hourly rates. Applicants submitting for an Engineering permit with fixed rates will not need to provide a security deposit. Security deposit,as required above, will be returned only after all related outstanding invoice items have been billed and outstanding invoice monies receipted. Request for return of security deposit must be made in writing.Fees can be adjusted at the discretion of the Director of Engineering. LEGAL DEPARTMENT Legal Review Security Deposit for Development $1,000 Applications PLANNING & ZONING DIVISION Abandonment of right-of-way $825 Abandonment of easement _ $330 Administrative appFevalsapplication $550 Administrative approval minor revision to current application $50 X58 Administrative approval re-submittal $175 I Administrative Pre-application Meeting - $75 5 Administrative Variance $150 Advertising Actual Costs to City Advertising Security Deposit $1,000 Appeal of an Administrative Determination Single-Family Residence(non- commercial)$400 All Other Uses$1,000 I Build Out Time Extensions $1,100 Build Out Determinations $2,750 Comprehensive Plan Land Use Map Amendment $3,500 Comprehensive Plan"Small Scale"Land Use Map Amendment $2,750 Comprehensive Plan Text Amendment $3,500 Concurrency Certificate(1) $550 Concurrent Processing $550 Conditional Use—Major $3,300 I Conditional Use—Minor $ 00550 Consultants/Other Security Deposit $1,000 Development of Regional Impact(DRI)*minimum fee for first 6 $5,500 months DRI Monthly fee after minimum(2) $825 DRI Amendment $3,300 DRI Re-Submittal Fee $825 *Additional costs for Developments of Regional Impact will be billed to the applicant I Environmental-Review 5-1000 DRC No Show Fee $170 Environmental Review $1,100 Environmental Review Security Deposit $1,000 S50 Landscape CO Inspection for development projects $170 I Landscape CO Re-Inspections $170 x number of re-inspections Liquor License Review $170 Miscellaneous Petitions $1,650 Non-binding conceptual review by Planning&Zoning $1000 Non-binding conceptual review by City Council $2,500 Planned Community District(PCD) $3,850 Planned Unit Development(PUD) $3,300 PCD or PUD Amendment $2,475 PCD or PUD Re-Submittal $825 Plat Recordation $30 first page; $15 each additional page I Plat ReviewApplication $30-55,0 er-page Pre-Application Meeting-(prior to submittal) $200 Rezoning Fee(PUD/PCD/Zoning District) $2,475 Site Plan Review(Major) &Site Plan Amendment $2,475 Site Plan Review(Minor) $1,650 Site Plan Re-submittal Fees $825 Applicant Postponement Fee(each occurrence) $250 Special Event Permits that require Council Approval $550+$50 Code Inspection Fee Special Event Permit Application(Non-Profit Organizations $110+$50 Code Inspection Fee I Exempt except for Code Inspection fee) Special Events Appeal(non-refundable) _ $55 Subdivision $1,650 Text Amendment of Land Development Regulations $1,650 $4400 $27730 Variance- Single-family residences $440 6 Variance-All other land uses $1,100 Waiver for Residential Mixed-Use Requirements $1,100 Compliance: Compliance Review-Building Permit $42 Single Residence(non- commercial) $170 All Others Compliance Status Meetings(per meeting) $200 CO Inspections-First $170 CO Re-Inspections $170 x number of re-inspections Surety Bond Review and Release $170 Review Fee of Required Reports $170 Non Compliance Stop Work Review and Action $500 Administrative Fees: Code of Ordinances(binder included) $150 Zoning Book(binder included) $65 Colored maps available for purchase: Zoning Map/Future Land Use Map/Visien-Map/Major Project Map/Street Map: 8.5 x 11 $84 11 x 17 $37 17 x 24 $4310 24x 36 $613 Black and White Engineering Prints(24x36) $5 per page Comprehensive Plan(maps included)(Transparency map $39/$49 +$10.00) Confirmation Letters(Additional$25 per research hour if $150 research exceeds two(2)hours.) Address Chang-, - : __ • - - - -_:, : - : _. .. . _ $50 per address change *other fees may apply Street Name Change/Subdivision Change $50 Review of Residential Addressing Plan $200 Review of Commercial Addressing Plan $200 Open Space CAD Review*Minimum 3 hour review,over 3 $300 hours of review,an additional$300.00 will be charged for continuance of review of the Open Space CAD. f1-} (l)Required with project approval if concurrency request is included (2) (2)Payable for the start of each month that the DRI is in process NEIGHBORHOOD SERVICES Rehearing $100 Release of Lien -$100 Estoppels Letter $100 I Filling Fee $10 Boat/RV Decals $25 Fine Reduction/Mitigation Hearing $80 Lien Searches and Title Search for Code $40 per property control number Enforcement Activity Advertising,Recording,&Other Costs Actual Costs to City 7 Certificate of Occupancy Inspection $50 Certificate of Occupancy Re-Inspection $75 Same Day Certificate of Occupancy Inspection $100 I Off Duty Code Officer Rate $35/hour Business Tax Application and Administrative fees Residential/Occupational License $25 Commercial/Occupational License $35 Professional/Occupational License $15 Research Fee License $10 Renewal Administrative Fee $5 per license Retail Affidavit $10 each Expedited License Approval(Approval within 2 $75 days of application intake) Building Occupancy Inspection(if required) _ $75 COMMUNITY SERVICES Sign Shop: Sign Production $100 per Street/Regulatory Sign $150 per Stop/Warning Sign Cost Recovery plus$2 per sign: Other Signs $25 per hour labor rate for design development $50 per hour labor rate for sign installation plus materials Fleet Services(Intergovernmental emergency $110 per hour shop rate (4 hour minimum,plus assistance only,based upon resource availability, parts) open only to other governmental jurisdictions) Emergency Labor Assistance $45 per hour(2 hour minimum during working day, 3 hour minimum call-back) $50 per hour equipment charge(paired with duration of operator) $4 per hour vehicle charge Special Event Traffic Assistance(2 staff with $90 per hour, 2 hour minimum vehicle/MOT Equipment) $45 per hour for each additional staff member Street Sweeping Fee: Includes labor and equipment $135.00/hr. -2 hour minimum after hours Mosquito Spraying Fee: Includes labor,equipment -2 hours minimum after hours and chemicals FINANCE DEPARTMENT Franchise Filing Fee* $1,000 Franchise Renewal Fee* $1,000 Transfer or Assignment of Franchise $500 Copy of Budget or Proposed Budget $40 Copy of Comprehensive Annual Financial Report $25 Returned Check Fee $25 Amendments to Code $1650 *This fee is set by Ordinance. If a conflict exists between this document and said Ordinance,the Ordinance shall prevail. CITY CLERK'S OFFICE Photocopies 15 cents for one-sided copy no larger than 8.5 x 14 20 cents for two-sided copy 30 cents for 11 x 17 1.50 for 24x36(normal quality) 2.25 for 24x36(best/photo quality) Certified photocopies $1 per page Audio tapesNideo tapes $5 per tape 8 Compact Discs $1 per disc For all other copies Actual cost of duplication of the public record I INFORMATION TECHNOLOGY Hot-link to City's website $50 per link Company logo posting $25 per impression POLICE DEPARTMENT Off-duty hourly rates are subject to the prevailing rates as approved by the City Council through the current Police Department's collective bargaining agreement. The City's administrative fee of five dollars an hour is included in the following hourly rates for the purpose of determining total billable charges: Personnel: Police Officer $4042/hour Supervisor $4547/hour Lieutenant $5052/hour (A Lieutenant is required when 2 or more Sergeants are working) 5-9 Officers—Requires one(1) Supervisor 10-14 Officers—Requires two(2)Supervisors 15-20 Officers—Requires three(3)Supervisors (2 Sergeants and 1 Lieutenant) Equipment: Vehicle $4/hour Off-duty details scheduled on the following days $5.00/hour will include an additional fee per hour: Labor Day,Thanksgiving Day,Christmas Eve, Christmas Day,New Years Eve,Super Bowl Sunday,Easter,Memorial Day and Independence Day. New Construction CPTED (Crime Prevention Through Environmental $2.25 per$1,000 improvement cost Design)Inspection&Plans Review Fee ($50 minimum) *Alarm Registration Fees:Commercial New Construction $35 Renewals 10 *False Alarm Fees: Residential Four—Six False Alarms(per occurrence) $25 Seven—Nine False Alarms(per occurrence) $35 Ten+ False Alarms(per occurrence) $40 *False Alarm Fees: Commercial Four—Six False Alarms(per occurrence) $25 Seven—Nine False Alarms(per occurrence) $35 Ten+False Alarms(per occurrence) $50 *Misuse of 911 or Emergency Call System $250 9 IAdditional Fees Fingerprinting • Resident $5 • Non-Resident $10 (Maximum of$30 charged per person regardless of how many cardsL *Subject to approval of Ordinance 27,2009 FIRE RESCUE D EPARTMENT New Construction Inspection& Plans Review Fee $2.25 per$1,000 improvement cost ($50 minimum) Civil Drawing Review Fee $50 Re-inspections/Extra Inspections __ _ • First No additional charge • Second $100 • Third ael-susequent $ 150 • Fourth and subsequent $200 Any unproductive inspector trip $75 (Work not ready, locked out,plans absent,etc.) Hood (Excluding fire suppression system) $100 New and Existing Occupancies,Buildings and Structures (To be paid annually with the issuance of a City Occupational License) Assembly Occupancy of: 50-299 $50 300-999 $75 1,000-4,999 $150 5,000 persons or greater $250 IEducational Day Care Nursery/Preschool $50 All Others $100 Healthcare/Institutional 5,000 sq. ft. and under $50 5,001 — 15,000 sq. ft $100 15,000—30,000 sq. ft. $150 30,001 — 100,000 sq. ft. $200 100,001 —200,000 sq. ft. $250 _ 200,001 —500,000 sq. ft. $300 500,001 sq. ft. and greater $350 ITransient Lodging,Apartments,Residential Board&Care, and Adult Living Facilities 24 units and under $50 25— 100 units $75 101-500 units $150 501 units and greater $250 10 Mercantile,Office,Storage,Industrial and Manufacturing 5,000 sq. ft. and under $50 5,001 — 15,000 sq. ft $65100 15,001 —30,000 sq. ft. $4-08150 30,001 — 100,000 sq. ft $200 100,001 —200,000 sq. ft $250 200,001 —500,000 sq. ft. $300 500,001 sq.ft. and greater $350 Marinas and Boat Storage Buildings 50 boat slips and under $50 51 — 100 boat slips $150 101 —250 boat slips $200 251 boat slips and greater $300 Temporary Structures All $50 Other All other occupancies not listed subject to Fire Safety Inspection $50 1 Special Details Personnel I Special event hourly rates are subject to the prevailing rates as approved $5/hour by the City Council through the current Fire Rescue Departments collective bargaining agreement. The City's fee per hour will be added for the purpose of total compensation. Firefighter,Driver,Fire Medic $30/hour Lieutenants $35/hour Captains $40/hour Equipment Equipment rates apply to hourly rates only for the specified equipment and do not include personnel costs,which are in addition to the equipment rates. Fire Engine $75/hour Ladder Truck $100/hour Brush Truck $45/hour I Utility Truck(Generator/Breathing Air Supply) $48/hour Rescue Truck $32/hour Specialty EMS Vehicle $25/hour EMS Transport Fees Basic Life Support Emergency Transport $480550 Advanced Life Support Emergency Transport Level 1 $493600 Advanced Life Support Emergency Transport Level 2 $588650 Specialty Care Emergency Transport $650700 Oxygen $30 Mileage $9:0910/transport mile *Motor Vehicle Accident and Fire Fees Level I—Scene safety&Investigation $435 Level II—Light Extrication/Clean up of Materials $650 Level III—Heavy Extrication/Situation Stabilization $1,800 11 Level IV-Aero-medical Transportation $2,100 Level V-Vehicle Fires $500 a . **Alarm Registration Fees: Commercial New Construction $35 Renewals $10 _ **False Alarm Fees : Residential Four-Six False Alarms(per occurrence) $100 Seven-Nine False Alarms(per occurrence) $200 Ten 4- False Alarms(per occurrence) $300 **False Alarm Fees: Commercial Four- Six False Alarms(per occurrence) $250 Seven- Nine False Alarms(per occurrence) _ $500 Ten+ False Alarms(per occurrence) $1,000 Additional Fees Emergency/Safety Plan Review $50 Water Flow Test $150 Community Room Rental: $30.00 per hour Min. 2 hour rental $100.00 Cleaning Deposit Certificate of Insurance must be provided naming the City of Palm Beach Gardens as Additional Insured with Respects to Liability with a min.limit of$500,000 Pyrotechnics Permit $100 Outdoor Fireworks Display Permit $300 All applicable fees do not include tax *Contingent upon approved State of Florida legislation for cost recovery **Subject to approval of Ordinance 27,2009 PARKS& RECREATION All applicable fees do not include tax,and certain event permits require multiple fees to cover costs of the event to the City. Facility Rental: Certificate of Insurance must be provided naming the City of Palm Beach Gardens as Additional Insured with Respects to General Liability--min. limit of$500,000 NR= Non Resident NC=No Charge Outdoor Facility Permits: Individual Event: requires exclusive use of permitted insurance;possibly space multiple fees Pavilion-4 hrs $25 Resident $50 Resident $75 Non Resident $100 Non Resident I Single Athletic Field $20 Resident $20 Resident no prep,2hrs _ $40 Non Resident $40 Non Resident I Single Athletic Field $40 Resident $40 Resident w/lights $60 Non Resident $60 Non Resident 12 Single Basketball Court $10 Resident $10 Resident 2 hrs $20 Non Resident $20 Non Resident Single Basketball Court $40 Resident $40 Resident w/lights $50 Non Resident $50 Non Resident Single Roller Hockey Rink $10 Resident $10 Resident —2 hrs $20 Non Resident $20 Non Resident Single Roller Hockey Rink $40 Resident $40 Resident —w/lights $50 Non Resident $50 Non Resident Batting Cage: 2 hr permit $10 Resident $20 Non Resident Organized Tournament N/A $200 for 10 hrs Play—per field, light fee applies_does not include staffing Field Prep—per field N/A $25 ball field $75 multi-purpose field $15 per bag drying agent$-50 Concession Stand: $250 for 8 hours Tournament Only $100 cleaning fee $250 damage deposit City Property Use N/A $400 Resident $800 Non Resident Non _50% Reduction Skate Park Facility N/A $250 Resident 4 hrs $500 Non Resident Light Fee $20 per hour per field Indoor Facility Permits: Individual Event Exclusive Use of Permitted Space Room Rentals: 2 hr minimum Smallk $50/hr Res$100/hr NR $50/hr Res$100/hr NR Medium/ $65/hr Res$130/hr NR $65/hr Res$130/hr NR Largek $75/hr Res$150/hr NR $75/hr Res$150/hr NR BRRC Kitchen Use $50 $50 BRRC Gymnasium Athletic Team $40 Resident/hr Resident $80 N11-/hr NR Event $125/hr Resident $125/hr Resident $250/hr Non Resident $250/hr Non Resident 13 Local Schools Wellness N/A $50/hr- 1st hr within Initiative week $25/hr each additional hr within week Set Up Fees ' $50-over basic set $50-over basic set Refundable Security $50200 $200 Deposit Aquatic Facility Rates During Facility Open Hours Entry Fee-All Persons $2.82 Resident N_A Entering the Pool $&439.39 Non Resident Summer Resident Card- $40 Resident N/A per person $80 Non Resident 3 Month Lap Swimming $65 Resident N/A Card $130 Non Resident _ _ Youth Camp Rate NA $4-0.94 Resident per person on deck- 1 $6-5.61 Non Resident counselor free per 10 youth Private Lessons- %: $405-Resident N A hr/week $521$245-Non Resident Group Instruction-%2 hr, $6 Resident N,A per person $8 Non Resident Lane Rental- 1/2 hr,plus $10 Resident N/A entry fee $20 Non Resident Corral A&-B—2 hrs+ $50 Resident N'A pool admission $100 Non Resident Corral B-2 hrs+ pool $75 Resident N/A admissioq $150 Non Resident Corral C&Pool Shelters- $100 Resident N/A 2 hrs+pool admission $200 Non Resident Corral D-2 hrs+pool $75 Resident N/A admission $150 Non Resident Aquatic Facility Before/After hours Single Pool Rental Rate- N/A $350 Resident 2hrs, includes guard staff/ $700 Non Resident 35 people Additional 25 people per N/A $50 Resident hour $100 Non Resident Training lanes per lane per $20 Resident $20 Resident day(4 hr max per day) $40 Non Resident $40 Non Resident Deck Reception Rental N/A $300 Resident $600 Non Resident I Additional Pool Hour N/A $80 Resident $160 Non Resident 14 Tennis Facility Rates Hours of Regular Operation Daily Fee $-6.57 Resident N/A $4-5-13.15 Non Resident Ball Machine Fee $8-Resident NA Ball Machine Fee— 1 hr $12 Resident N/A $14 Non Resident Additional Player Fee $7.00 Resident $10.00 Non Resident Single(prorated monthly) $330 Resident N A $660 Non Resident Family, Spouses,Minor $456 Resident N A dependents(prorated $912 Non Resident monthly) Junior(prorated monthly) $126 Resident N A $252Non Resident Senior Single(prorated $270 Resident N/A monthly) $540 Non Resident Senior Family(prorated $342 Resident N/A monthly) $684 Non Resident Seasonal Single $150 Resident N/A (Jan-May no pro rate) $300 Non Resident Group Membership— $3,500 N/A Per 10 People Additional Group $350 N/A Membership Tennis Facility Before/After Operation Hours— Court Rental per hr, N/A $25 Resident minimum 2 court rental $50 Non Resident Court Light Fee N,_A $10 Resident $20 Non Resident Tournament—Per 4 courts, N/A 8 hrs, includes court maintenance $500 Event Fees- Parks Support Staff—as N/A $-30/hr determined by the City $5/hour additional on City observed holidays Recreation Support Staff— N/A $25/hr as determined by the City $5/hour additional on City observed holidays Event Permit Application N/A $100 Resident 15 —plus facility&staff $200 Non Resident charges/non refundable Non Profit 50 Reduetionn;NC for Recognized Youth Sport Providers BIG Program Fees Dedication Tree $125 N A Bench $1,200 Service Flag $150 Brick $3075 Playground/Sports $250-$15,000 Equipment Landscape Beautification $25-$100 Program Fees NR Rate—Level One(General Programs) 20% NR Rate—Level Two(High Demand or Heavy 30% Impact NR Individual Rate Open Gym $4.70 Riverside Youth Enrichment Center $100 Non Refundable Registration Fee Pre-School $50 Non Refundable Registration Fee After Care NR Rate—Level Three(City Supported Programs) Double NR Rate—Level Four(Special Facilities) Double/Market Trend Non Peak Hours Low Impact Reduction Rate _ 50% Excluding Staffing Fee Program Fees Cost Recovery Formula Golf Program Fees Cost Recovery Formula Non Profit Rental Fees 50%Reduction off related fee Program/Rental Refund Processing Fee $10 Sport Instruction Registration(City business tax $100 annually(plus permit fees) license required) Sport Tournament: Planning assistance(non $20 per meeting/conference call recognized provider) $40-R440-NR CITY DEPARTMENT TELEPHONE NUMBERS City Hall—Main Number 799-4100 Building Division 799-4201 Planning&Zoning 799-4243 Engineering 799-4288 Code Enforcement 799-4245 Parks/Public Works 804-7000 Finance Department 799-4160 City Clerk's Office 799-4122 Police Department 799-4400 Fire Rescue Department 799-4300 Recreation(Bums Road Community GtFCTR) 630-1100 Parka 775 8261 16 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 10, 2009 Ordinance: Ordinance 27, 2009 Subject/Agenda Item: Ordinance 27, 2009 amending Chapter 30, "Emergency Services" providing updates and adopting a new Article Ill entitled "Misuse of 911 or Emergency Call System". [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ 0 Council Action: (Total) Ci• • = e Fire R ue [ ]Approved $ 0 Current FY [ ]Approved w/ Police Department conditions .�Z [ ] Denied Advertised: Funding Source: Neighborhood S • es [ ] Continued to: ----;-- � N/A Date: [ ] Operating Attachments: Paper: [ ] Other Ord. 27, 2009 Submitted by: Staff Report Peter T. Berge!, Fire [ ] Not Required Chief C Department Director Affected parties Budget Acct.#: Approved by. ,• lies N/A [X] Not required City ana•er Meeting Date: September 10, 2009 Ordinance 27, 2009 BACKGROUND: Chapter 30 of the City's Code of Ordinances currently regulates all alarm systems within the corporate boundaries of Palm Beach Gardens. Ordinance 27, 2009 provides for installation, maintenance and permitting of alarm systems as well as the penalties for excessive false alarms and the misuse of the 911 or Emergency Call System. City staff formed a team to address this issue in order to provide for enforcement of false alarms and the misuse of the 911/Emergency Call System. The team consisted of Stephen Stepp, Police Chief; Officer Julius Barone, Police Department; David Reyes, Operations Director, Neighborhood Services; Peter Bergel, Fire Chief; and Scott Fetterman, Deputy Chief/Fire Marshal. The team has revised the current ordinance and developed a new section that deals with the misuse of the 911/Emergency Call System. Specifically, the new policy reintroduces requirements for false fire alarms, which was repealed when the Code of Ordinances was re-codified in 2002, establishes a procedure for registering alarm systems, and provides for penalties for excessive false alarms. Additionally, the revision creates a new section titled "Misuse of 911 or Emergency Call System" to address 911 hang-ups and the use of the 911 system for false or malicious calls. Finally, the revisions provide for notice and an appeal process before the Special Magistrate in accordance with Florida Statutes. STAFF RECOMMENDATION: Approve Ordinance 27, 2009 on first reading. 1 ORDINANCE 27, 2009 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AMENDING CHAPTER 30 EMERGENCY 6 SERVICES OF THE CODE OF ORDINANCES OF THE CITY OF PALM 7 BEACH GARDENS REPEALING ARTICLE II, ALARM SYSTEMS IN ITS 8 ENTIRETY AND RE-ADOPTING SAME, AS REVISED; PROVIDING 9 REGULATIONS REGARDING EXCESSIVE FALSE ALARMS, FINES, 10 AND APPELLATE REVIEW; FURTHER AMENDING CHAPTER 30 BY 11 ADOPTING AN ENTIRELY NEW ARTICLE III, MISUSE OF 911 OR 12 EMERGENCY CALL SYSTEM; PROVIDING REGULATIONS, FINES, AND 13 APPELLATE REVIEW; PROVIDING THAT EACH AND EVERY OTHER 14 SECTION AND SUBSECTION OF CHAPTER 30 SHALL REMAIN IN FULL 15 FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A 16 CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO 17 CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 18 PURPOSES. 19 20 21 WHEREAS, the City of Palm Beach Gardens Code of Ordinances relative to 22 enforcement of excessive false alarms is in need of revision; and 23 24 WHEREAS, the City Council desires to amend said Code to provide for updates and a 25 revised penalty structure along with specific appellate remedies as set forth herein; and 26 27 WHEREAS, the City Council also desires to adopt regulations, penalties, and 28 appellate remedies relative to misuse of the 911 emergency system as set forth herein; and 29 30 WHEREAS, the City Fire Chief has recommended adoption of these Code revisions; 31 and 32 33 WHEREAS, the City Council believes that such revisions will be in the best interest, 34 and will promote the health, safety, and welfare of the citizens of the City of Palm Beach 35 Gardens. 36 37 38 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 39 PALM BEACH GARDENS, FLORIDA that: 40 41 SECTION 1. Chapter 30, Emergency Services of the Code of Ordinances of the City 42 of Palm Beach Gardens is hereby amended by repealing Article II, Alarm Systems and re- 43 adopting same, as revised; providing regulations regarding excessive false alarms, fines, and 44 appellate review; providing that Chapter 30, Article II, Alarm Systems (as well as its 45 accompanying table of contents) shall hereafter read as follows: 46 47 48 49 Ordinance 27,2009 1 Chapter 30 2 3 EMERGENCY SERVICES 4 5 Article II. Alarm Systems 6 7 Sec. 30-31. Definitions. 8 Sec. 30-32. Purpose. 9 Sec. 30-33. Automatic Dialing Device or interconnection to trunk lines. 10 Sec. 30-34. Direct connections to law enforcement agencies. 11 Sec. 30-35. Equipment maintenance. 12 Sec. 30-36. Alarm permit required. 13 Sec. 30-37. Application. 14 Sec. 30-38. Issuance. 15 Sec. 30-39. Excessive false alarm signals limited. 16 Sec. 30-40. Charges for excessive false alarms in residential and commercial 17 structures. 18 Sec. 30-41. Notice and appeal. 19 20 Sec. 30-31. Definitions. 21 22 The following words, terms, and phrases, when used in this article, shall have the meanings 23 ascribed to them in this section, except where the context clearly indicates a different 24 meaning: 25 26 Alarm agent means any person employed by an alarm business whose duties include 27 altering, installing, maintaining, moving, repairing, replacing, selling, servicing, and 28 responding to an alarm system. 29 30 Alarm business means any business operated by a person for a profit which engages 31 in the activity of altering, installing, maintaining, moving, repairing, replacing, selling, 32 operating, and responding to an alarm system. 33 34 Alarm system means an assembly of equipment and devices arranged to signal the 35 presence of a hazard requiring urgent attention and to which police and fire rescue are 36 expected to respond. This definition does not include alarm systems on motor vehicles. If, 37 however, an alarm system on a motor vehicle is connected with an alarm system on 38 premises (other than a proprietary system), the system is an alarm system. This definition 39 also does not include alarm systems that are used only to alarm or signal persons located 40 within the premises in which the alarm system is located of an attempted unauthorized 41 intrusion or hold-up attempt. If such a system, however, employs an audible signal emitting 42 sounds or a flashing light or beacon designed to signal persons outside the premises, such a 43 system shall be subject to the provisions of this article. 44 45 Alarm user means any person on whose premises an alarm system, as defined in this 46 section, is maintained within the City. 47 48 49 2 Ordinance 27, 2009 1 Annunciator means the instrumentation on an alarm console at the receiving terminal 2 of a signal line which through both visual and audible signals shows when an alarm device at 3 a particular location has been activated or when line trouble is indicated. 4 5 Answering service means a telephone answering service providing among its 6 services the service of receiving emergency signals from alarm systems on a continuous 7 basis directed through trained employees and thereafter immediately relaying the message 8 by live voice to the 900 communications center. 9 10 Automatic dialing device or service means an alarm system which automatically 11 sends over regular telephone lines by direct connection or otherwise. A prerecorded voice 12 message on coded signal indicating the existence of the emergency situation that the alarm 13 system is designated to detect. 14 15 Automatic Fire Detection System and/or Fire Alarm means any system employing 16 heat detectors, smoke detectors, flame detectors, sound alert, or water flow alarm elements 17 for the purpose of detecting and automatically transmitting an alarm of fire. 18 19 Automatic holding alarm system means an alarm system which the signal 20 transmission is initiated by the action of the intruder. 21 22 Burglar alarm system means an alarm system signaling an entry or attempted entry 23 into the area protected by the system. 24 25 Central station means an office to which remote alarm and supervisory signaling 26 devices are connected where operators supervise the circuits. 27 28 Central station equipment means a signal receiving, recording, or retransmitting 29 equipment installed in the central station. 30 31 Central station system means a system in which operation or electrical protection 32 circuits and devices are signaled automatically to, recorded in, maintained and supervised 33 from a central station having trained operators in attendance at all times. 34 35 False alarm means an activation or triggering of an alarm system or systems through 36 mechanical failure, malfunction, improper installation, or the improper or negligent operation 37 of such alarm system or systems by the owner, lessee, or user of an alarm system or 38 systems, or of its employees or agents, that result in dispatch of law enforcement or fire 39 rescue personnel. False alarms do not include: 40 41 (1) Alarms caused by hurricanes, tornadoes, earthquakes, or other violent 42 conditions. 43 44 (2) Alarms transmitted because of a water main break or similar causes that occur 45 outside of the protected premises. 46 47 (3) Alarms covered by F.S. §§ 401.44 and 806.101. 48 49 3 Ordinance 27, 2009 1 Dispatch shall mean, for the purposes of this chapter, that a police and/or fire vehicle 2 or vehicles were directed by the City dispatcher to proceed to a specific location in 3 response to an alarm whether false or otherwise. 4 5 Holdup alarm system means an alarm system signaling a robbery or attempted 6 robbery. 7 8 Interconnect means to connect an alarm system to a voice grade telephone line 9 without directly or through a mechanical device that utilizes a standard telephone for the 10 purpose of using the telephone line to transmit an emergency message upon the activities of 11 the alarm system. 12 13 Local alarm system means a signaling system which when activated in or on the 14 premises within which the system is installed. 15 16 Manual holdup alarm system means an alarm system in which the signal 17 transmission is initiated by the direct action of the person attacked or by an observer of the 18 attack. 19 20 Modified central station means an office to which remote alarm and supervisory 21 signaling devices are connected, where operators supervise the circuits. Such a modified 22 central station is not listed by Underwriters' Laboratories. 23 24 Occupied residential dwelling unit means an occupied dwelling that is used as a 25 residence by a single housekeeping unit. 26 27 Person includes any natural person, partnership, joint stock company, unincorporated 28 association of society, or corporation of any character whatsoever. 29 30 Primary trunk line means a telephone line leading directly into the communication 31 center of any law enforcement agency that is for the purpose of handling emergency calls on 32 a person-to-person basis and which is identified as such by a special number included 33 among the emergency numbers listed in the telephone directory issued by the telephone 34 company and covering the service area within the City (911). 35 36 Proprietary system means an alarm system sounding and/or recording alarm and 37 supervisory signals at a control center located within the protected premises, the control 38 center being under the supervision of the proprietor of the protected premises. If a 39 proprietary system includes a signal line connected directly or by means of an automatic 40 dialing device to a police communication center, a central station, or answering service, the 41 system is an alarm system. 42 43 Remote signaling system means an alarm signaling system which when activated by 44 an alarm device transmits a signal from an alarm signaling device to a central location other 45 than the law enforcement agency and/or the 911 center where appropriate action is taken to 46 investigate and respond to the signal. 47 48 49 4 Ordinance 27,2009 1 Signal line means a transmission line through which the signal passes from one of the 2 elements of the signal transmission to another. 3 4 Subscriber means a person who buys and/or leases or otherwise obtains an alarm 5 signaling system and thereafter contracts with or hires an alarm business to monitor and/or 6 service the alarm device. 7 8 Telephone Company means the utility that furnishes telephone service to the citizens 9 of the City. 10 11 UL is an abbreviation for Underwriters' Laboratories. 12 13 Cross references: Definitions generally, § 1-2. 14 15 Sec. 30-32. Purpose. 16 17 The purpose of this article is to establish standards to regulate alarm systems by alarm users 18 that require police and/or fire rescue response or investigation. 19 20 Sec. 30-33. Automatic dialing device or interconnection to trunk lines. 21 22 Automatic dialing devices shall not be interconnected to the primary or special trunk line at 23 the police or fire department. Automatic dialing devices may be interconnected to equipment 24 designed to receive such signals in the 911 communications center when authorized by the 25 chief of police. 26 27 (1) Every alarm business selling or leasing to any person an automatic dialing 28 device which is installed on such person's premises within the municipal boundaries of 29 the City after November 17, 1994, shall furnish that person with instructions providing 30 that information required by the National Fire Protection Association Standards to 31 enable persons using the automatic dialing device to operate it properly. If the 32 automatic dialing device is to be serviced or maintained by another alarm business, 33 the responsible person shall furnish such other alarm business with a manual or other 34 information, including a diagram of the final installation necessary to enable it to 35 service or properly maintain such device. 36 37 (2) If the chief of police or his designee finds such instructions to be incomplete or 38 unclear or inadequate to explain how the device operates and is maintained, he may 39 require the alarm business to revise the instructions and so advise the alarm business 40 by mailing a certified notice which describes the necessary information and advising 41 the alarm business that it is required information provided therein to all persons who 42 have had automatic dialing devices installed by the alarm business. 43 44 (3) Every alarm business selling or leasing to any person an automatic dialing 45 device which is installed on such person's premises in the City after November 17, 46 1994, shall furnish to the person buying or leasing such device written information and 47 training concerning how service may be obtained at any time, including a telephone 48 number to call for service 49 . 5 Ordinance 27,2009 1 Sec. 30-34. Direct connections to law enforcement agencies. 2 3 Direct connections may be permitted in the City when authorized by the chief of police. 4 5 Sec. 30-35. Equipment maintenance. 6 7 (a) Each subscriber, at his expense, is required to maintain all components of his 8 alarm system in good working order at all times to ensure that the sensory mechanism 9 used in connection with such device is adjusted to suppress false indications of 10 holdups or intrusions or fire or smoke conditions so that the device shall not be 11 activated by impulses due to short flashes of light, wind, noises, vehicular noise, or 12 other forces unrelated to genuine alarms. 13 14 (b) No alarm system designed to transmit emergency messages shall be tested or 15 demonstrated without first notifying the central station and the 911 central 16 communications. 17 18 Sec. 30-36. Alarm permit required. 19 20 (a) It shall be unlawful, with the exception of a single-family residence, for any 21 person or entity to install or maintain an alarm in operational order unless that person 22 or entity first obtains an alarm registration from the City's business services division. 23 24 (b) In addition to satisfactory completion of the application required in section 30- 25 37, an alarm permit for an installation at a non-single-family residential location may be 26 issued to an applicant only if it is demonstrated that the alarm is installed by an alarm 27 business under current alarm code standards, and only if the installation of equipment 28 which is approved by UL (Underwriters Laboratories), FM (Factory Mutual), or an 29 approved testing laboratory for its intended usage. 30 31 (c) Alarm registrations must be renewed each year and shall be in effect from 32 October 1 to September 30 of the next year. 33 34 Sec. 30-37. Application 35 36 Application for alarm permits shall be made on forms provided by the City's Business 37 Services Division. Each applicant shall state: 38 39 (1) The name, address, telephone number, and owner of the property to be 40 serviced by the alarm; 41 42 (2) The name, address, and telephone number of the applicant, if different from the 43 property owner, to be serviced; 44 45 (3) The name, address, and telephone number of the person in charge of the 46 premises or buildings served by the alarm and no less than three (3) persons' or 47 entities' addresses and telephone numbers to be contacted in the event of an alarm if 48 required by the fire rescue or police departments; 49 50 6 Ordinance 27,2009 1 (4) The name, address, 24-hour telephone number, and state license number of 2 the person or entity installing the fire alarm; 3 4 (5) The name, address, 24-hour telephone number, and state license number of 5 the person or entity monitoring the alarm; 6 7 (6) The name, address, 24-hour telephone number, and state license number of 8 the person or entity providing maintenance and repair service to the alarm; and 9 10 (7) The signature of the property owner, alarm user, and an authorized 11 representative of the alarm business. 12 13 The information set forth in (1) above shall be kept current by the permit holder, and the 14 permit holder shall immediately notify the City's Business Services Division of any changes in 15 the information. Failure to so notify shall constitute a violation of this article. 16 17 Sec. 30-38. Issuance. 18 19 The City shall issue a registration only after receiving a completed application and only after it 20 is determined the alarm meets the criteria of this article and current alarm code standards. 21 Any denial shall be made in writing, with a statement of definite reasons for denial. An 22 application for a fire alarm permit may also be denied if the applicant falsifies any statement 23 on the application, and a knowing falsification shall be a violation of this article. 24 25 Sec. 30-39. Excessive false alarm signals limited. 26 27 No person or entity shall allow, permit, cause, or fail to prevent the false activation or false 28 triggering, for any reason, of the alarm used by that person, or any alarm serving a premises 29 or a building occupied and/or controlled by such person or entity of more than three times 30 within any six (6) month period of time. The emission of more than three (3) false alarms 31 within a period of six (6) consecutive months is excessive and constitutes a public nuisance, 32 and is a violation of this article and shall subject that person to the penalties of this Code. 33 34 Sec. 30-40. Charges for excessive false alarms in residential and commercial 35 structures. 36 37 The activation of four (4) or more false alarms within a six (6) month period will be handled in 38 accordance with the following: 39 40 (1) For the fourth through sixth false alarms within a six (6) month period, the alarm 41 user or building owner shall be assessed a fine, as outlined in the City of Palm Beach 42 Gardens Master Fees and Charges Schedule, per occurrence, which shall be 43 considered a debt owed to the City of Palm Beach Gardens. 44 45 (2) For the seventh through ninth false alarms within a six (6) month period, the 46 alarm user or building owner shall be assessed a fine, as outlined in the City of Palm 47 Beach Gardens Master Fees and Charges Schedule, per occurrence, which shall be 48 considered a debt owed to the City of Palm Beach Gardens. 49 50 7 Ordinance 27,2009 1 (3) For the tenth and each successive false alarms within a six (6) month period, 2 the alarm user shall be assessed a fine, as outlined in the City of Palm Beach Gardens 3 Master Fees and Charges Schedule, per occurrence, which shall be considered a debt 4 owed to the City of Palm Beach Gardens. 5 6 (4) In the event that a property fails to pay a false alarm fee or exceeds the 7 allowable false alarms as provided herein, the police/fire chief or designee may: 8 9 (a) process a complaint for each occurrence to the Palm Beach Gardens 10 Special Magistrate for corrective action; or 11 12 (b) enter into an agreement with the owner to implement appropriate 13 corrective action to remedy said nuisance(s); or 14 15 (c) pursue any other legally-available remedies. 16 17 (5) Funds documented as expended by the owner for corrective action, may, upon 18 receipt of documentation by the police/fire chief or designee, be deducted from the 19 debt owed to the City of Palm Beach Gardens for excessive false alarms. 20 21 (6) The provisions of this section shall not apply to required alarm systems for an 22 initial period of two (2) months from the date the alarm system is accepted by the 23 police/fire chief or designee. 24 25 The police/fire chief or designee shall determine the number and frequency of such false 26 alarm signals and notify the alarm user or building owner of amounts owed and shall make 27 demand thereof, pursuant to the provisions of this Code. The City may initiate proceedings to 28 collect said fines after demand thereof has been made by the police/fire chief or designee. 29 30 Sec. 30-41. Notice and Appeal. 31 32 (a) Any excessive false alarm will be considered irreversible or irreparable in 33 nature. As such, notices relative to Special Magistrate proceedings shall be issued in 34 accordance with Section 162.06, Florida Statutes, and Chapter 2, Article IV, Division 3, 35 of the City's Code of Ordinances. 36 37 (b) Pursuant to Section 162.11, Florida Statutes, and Chapter 2, Article IV, Division 38 3, Sec. 2-240 of the City's Code of Ordinances, appeals shall be handled as follows: 39 40 An aggrieved party, including the City, may appeal a final administrative order 41 of the Special Magistrate to the circuit court. Such an appeal shall not be a hearing de 42 novo but shall be limited to appellate review of the record created before the Special 43 Magistrate. An appeal shall be filed within thirty (30) days of the execution of the order 44 to be appealed. 45 46 47 48 49 8 Ordinance 27,2009 1 SECTION 2. Chapter 30, Emergency Services of the Code of Ordinances of the City 2 of Palm Beach Gardens is hereby amended by creating an entirely new Article III, Misuse of 3 911 or Emergency Call System to provide regulations, fines, and appellate remedies relative 4 to misuses of the 911 system, providing that Article III, Misuse of 911 or Emergency Call 5 System (as well as its accompanying table of contents) shall hereafter read as follows: 6 7 Chapter 30 8 9 EMERGENCY SERVICES 10 11 Article III. Misuse of 911 or Emergency Call System 12 13 Sec. 30-42. Purpose. 14 Sec. 30-43. Definitions. 15 Sec. 30-44. Misuse of the 911 system — Designated. 16 Sec. 30-45. Misuse of the 911 system — Fees. 17 Sec. 30-46. Reserved. 18 Sec. 30-47. Reserved. 19 Sec. 30-48. Notice and appeal. 20 21 Article III. MISUSE OF 911 OR EMERGENCY CALL SYSTEM 22 23 Sec. 30-42. Purpose. 24 25 This chapter is intended to reduce the number of false requests for emergency assistance 26 or similar misuse of the 911 emergency response system which occur within the City and 27 result in waste of City resources by providing for corrective administrative action, including 28 fees for repeated violations. 29 30 Sec. 30-43. Definitions. 31 32 The following persons or words used in this chapter shall be defined as set forth in this 33 section: 34 35 Person includes any natural person, partnership, joint stock company, unincorporated 36 association of society, or corporation of any character whatsoever. 37 38 Hang-ups shall be defined as events wherein "911" is dialed, a dispatcher answers the 39 call and the caller hangs up without an actual emergency existing. "Hang-ups" shall 40 constitute misuse of the 911 system. 41 42 Misuse of the 911 system is a request for emergency response when no actual 43 emergency exists and when the caller does not have a good-faith basis to request 44 emergency assistance. This definition shall not apply to mechanical activations of 45 requests for assistance which are addressed in Article II, Alarm Systems, nor shall it be 46 interpreted to impose liability on any person who makes a good-faith request for 47 emergency assistance based on a reasonable belief that an emergency situation exists. 48 49 50 9 Ordinance 27,2009 1 Sec. 30-44. Misuse of the 911 system — Designated. 2 3 It shall be unlawful for any person to misuse the 911 system. It shall be an affirmative 4 defense to any alleged misuse of the 911 system that the person charged had a good-faith, 5 reasonable, factual basis for their use of the 911 system. 6 7 Sec. 30-45. Misuse of the 911 system — Fees. 8 9 Misuse of the 911 system shall subject the violator to the following administrative sanctions, 10 which shall be initiated by personnel from the police and/or fire departments upon misuse of 11 the emergency response system: 12 13 Misuse of the 911 system four (4) or more times from the same location or phone number 14 within a six (6) month period shall be addressed as follows: 15 16 (1) After the fourth misuse within a six (6) month period, the occupant, tenant, 17 person, or building owner shall be assessed a fine, as outlined in the City of Palm 18 Beach Gardens Master Fees and Charges Schedule, per occurrence, which shall be 19 considered a debt owed to the City of Palm Beach Gardens. 20 21 (2) In the event that a property fails to pay a false alarm fee or exceed the 22 allowable false alarms as provided herein, the police/fire chief or designee may: 23 24 (a) process a complaint for each occurrence to the Palm Beach Gardens 25 Special Magistrate for corrective action; or 26 27 (b) enter into an agreement with the owner to implement appropriate 28 corrective action to remedy said nuisance(s); or 29 30 (c) pursue any other legally-available remedies. 31 32 The police/fire chief or designee shall determine the number and frequency of such misuses 33 and notify the person or building owner of amounts owed and shall make demand thereof, 34 pursuant to the provisions of this Code. The City may initiate proceedings to collect said 35 fines after demand thereof has been made by the police/fire chief or designee. 36 37 Sec. 30-46. Reserved. 38 39 Sec. 30-47. Reserved. 40 41 Sec. 30-48. Notice and appeal. 42 43 (a) Notice of imposition of any administrative decision or sanction, including the 44 imposition of a monetary assessment, shall be provided to the person(s) residing on 45 such premises as well as the owner of the premises as shown on the tax records of 46 Palm Beach County; provided, however, that with respect to a business premises, the 47 owner, manager, or chief administrative agent regularly assigned and/or employed on 48 the premises at the time of occurrence of the deliberate misuse of the 911 System 49 shall be presumed to be the person to whom notice shall be given. 10 Ordinance 27,2009 1 (b) Any excessive misuse of the 911 System will be considered irreversible or 2 irreparable in nature. As such, notices relative to Special Magistrate proceedings shall 3 be issued in accordance with Section 162.06, Florida Statutes, and Chapter 2, Article 4 IV, Division 3 of the City's Code of Ordinances. 5 6 (c) Pursuant to Section 162.11, Florida Statutes, and Chapter 2, Article IV, Division 7 3, Sec. 2-240 of the City's Code of Ordinances, appeals shall be handled as follows: 8 9 An aggrieved party, including the City, may appeal a final administrative order of the 10 Special Magistrate to the circuit court. Such an appeal shall not be a hearing de novo 11 but shall be limited to appellate review of the record created before the Special 12 Magistrate. An appeal shall be filed within thirty (30) days of the execution of the order 13 to be appealed. 14 15 SECTION 3. Each and every other section and subsection of Chapter 30, Emergency 16 Services shall remain in full force and effect as previously enacted. 17 18 SECTION 4. All ordinances or parts of ordinances in conflict be and the same are 19 hereby repealed. 20 21 SECTION 5. Should any section or provision of this Ordinance or any portion thereof, 22 any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be 23 invalid, such decision shall not affect the validity of the remainder of this Ordinance. 24 25 SECTION 6. Specific authority is hereby granted to codify this Ordinance. 26 27 SECTION 7. This Ordinance shall take effect immediately upon passage. 28 29 30 (The remainder of this page intentionally left blank) 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 11 Ordinance 27,2009 1 PASSED this day of , 2009, upon first reading. 2 3 PASSED AND ADOPTED this day of , 2009, upon second and 4 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 41 42 43 44 45 46 47 48 49 G:\attorney_share\ORDINANCES\2009\Ordinance 27 2009-false alarm code-final.doc 12 e CITY OF PALM BEACH GARDENS p)im Beach Gardens F' COUNCIL AGENDA September 10, 2009 'W ' 4 7:00 P.M. .. * , ;; 4_ ``' Mayor Russo `�` Vice Mayor Levy -, -1! Council Member Jablin S r -- ?-03 Council Member Barnett 6( dam 9: f c Council Member Premuroso 1 I. PLEDGE OF ALLEGIANCE , 1 II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS /PRESENTATIONS: a. Recognition of the Lifeguards from Palm Beach Gardens Burns Road Community Center Pool. V. PUBLIC HEARINGS FOR 2009/2010 BUDGET— Non Quasi Judicial: a. Presentation of the Fiscal Year 2009/2010 Budget. b. (Staff Report on Page Ordinance 26, 2009 — (1st Q°3 reading) Adopting Fiscal Year 2009/2010 budget. An Ordinance of the City 3,1 Council of the City of Palm Beach Gardens, Florida adopting the budget for the City of Palm Beach Gardens for the Fiscal Year commencing October 1, 2009, and ending September 30, 2010; providing a conflicts clause and a severability clause; providing an effective date; and for other purposes. VI. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VII. CITY MANAGER REPORT: Qo i I "r° a. City Manager Evaluation. 9Jay/v9 VIII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) pass,..„,- IX. CONSENT AGENDA: Li" a. (Page 9) Approve Minutes from July 1, 2009 City Council Budget Information meeting. b. (Page 1 I) Approve Minutes from July 16, 2009 City Council meeting. c. (Page 17) Proclamation— Good Neighbor Day X. PUBLIC HEARINGS: Part I— Non-Quasi-judicial a. (Staff Report on Pace 18. Ordinance on Pace 138) Ordinance 24, 2009 — (14 reading) Hilltop Gardens Large-scale Comprehensive Plan Future Land Use Plan Amendment. An Ordinance of the City Council of the City of Palm Beach p S.S141 Gardens, Florida adopting a large scale amendment to its Comprehensive 1(a Development Plan in accordance with the mandates set forth in Chapter 163, Florida Statutes, specifically Section 163.3184, et seq., Florida Statutes, pursuant Q)y to application No. CPMA-09-03-000011, which provides for an amendment to the City's Future Land Use Map designating one (1) parcel of real property comprising approximately twenty-three and 16/100 (23.16+) acres, more or less, in size as "(C) Commercial"; such parcel being located generally North of Northlake Boulevard, East of the C-17 Canal, South of the Seacoast Utility Richard Road Plant, and West of the Hilltop Park Mobile Home Park, informally known as "Hilltop Gardens"; providing for compliance with all requirements of Chapter 163, Florida Statutes; providing for transmittal to DCA; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. Part II — Quasi-judicial a. (Staff Report on Page 143, Ordinance on Page 174) Ordinance 25, 2009 — (1 ` reading)Hilltop Gardens Rezoning. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida rezoning one (1) parcel of real property 11 comprising approximately twenty-three and 16/100 (23.16+) acres, more or less, in size; such parcel being located North of Northlake Boulevard, East of the C-17 od^" Canal, South of the Seacoast Utility Richard Road Plant, and West of the Hilltop 0a1 Park Mobile Home Park, informally known as "Hilltop Gardens"; from Residential Medium (RM) to Commercial General (CG1) zoning district; providing that the City zoning district map be revised accordingly; providing a conflicts clause and a severability clause; providing authority to codify; providing an effective date; and for other purposes. b. (Staff Report Resolution 72, 2009 - Northcorp Corporate Park PCD - TNS Landis Building. A Resolution of the City P Council of the City of Palm Beach Gardens, Florida amending the signage of the ,{,o TNS Landis Building to construct a parapet wall and raise the height of two (2) tenant signs on the West elevation of said building, generally located at the Northwest corner of the intersection of Burns Road and Riverside Drive, as described more particularly herein; providing an effective date; and for other purposes. c. Sidi Report or e 209, Resolution on 'P 9 ' Resolution 74, 2009 — Doubletree North PUD miscellaneous petition. A Resolution of the City Council QQ of the City of Palm Beach Gardens, Florida amending the sign program of the 0 Doubletree Hotel Planned Unit Development (PUD) to increase the size of the signage for the pharmacy building, generally located at the Northeast Corner of PGA Boulevard and Military Trail, as described more particularly herein: providing an effective date; and for other purposes. XL RESOLUTIONS: a. (Staff Report on Page 251. Resolution on Palle 253', Resolution 69, 2009 — Updating the Schedule of Fees and Charges for Various Services. A Resolution of Q0,i S the City Council of the City of Palm Beach Gardens, Florida updating the schedule of fees and charges for various services rendered by the City of Palm Beach Gardens for its citizens and other members of the public for Fiscal Year 2009/2010;providing an effective date; and for other purposes. XII. ORDINANCES: (For Consideration on First Reading) a. (Staff Report on Page 272. Ordinance on Page 2 741 Ordinance 27, 2009—False alarms for police and fire response. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 30 Emergency Services of the q.-() Code of Ordinances of the City of Palm Beach Gardens repealing Article II, Alarm Systems in its entirety and re-adopting same, as revised; providing regulations regarding excessive false alarms, fines, and appellate review; further amending Chapter 30 by adopting an entirely new Article III, Misuse of 911 or Emergency Call System; providing regulations, fines, and appellate review; providing that each and every other section and subsection of Chapter 30 shall remain in full force and effect as previously enacted; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. XIII. ITEMS FOR COUNCIL ACTION/DISCUSSION: Q,,N 'r° q/.1.1 a. Council Communication. p,,IIt-t Tv giay b. Office Space c. Owner Authorization for PUD and PCD Amendments. XIV. CITY ATTORNEY REPORT: XV. 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 Ad 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. I irti• CITY OF PALM BEACH GARDENS Patm Beach Gardens COUNCIL AGENDA � „ September 10, 2009 I I 1S' 7:00 P.M. __ ril { ; Mayor Russo F: . ''1 Vice Mayor Levy -,— % ; Council Member Jablin ? ; a 2 Council Member Barnett pip ; cI. yc Council Member Premuroso I. - PLEDGE OF ALLEGIANCE II. / ROLL CALL III. .V ADDITIONS, DELETIONS, MODIFICATIONS: y-d IV 'ANNOUNCEMENTS / PRESENTATIONS: a. Recognition of the Lifeguards from Palm Beach Gardens Burns Road Community Center Pool. V. PUBLIC HEARINGS FOR 2009/2010 BUDGET-Non Ouasi Judicial: 5'a. -" Presentation of the Fiscal Year 2009/2010 Budget. b. - (Staff Report on Page 5, Ordinance on Page 7) Ordinance 26, 2009 - (1st reading) Adopting Fiscal Year 2009/2010 budget. An Ordinance of the City i Council of the City of Palm Beach Gardens, Florida adopting the budget for the Jd9 y City of Palm Beach Gardens for the Fiscal Year commencing October 1, 2009, and ending September 30, 2010; providing a conflicts clause and a severability clause; providing an effective date; and for other purposes. VI. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VII. * "CITY MANAGER REPORT: its,-f 0 019 a. City Manager Evaluation. ✓VIII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) IX. -' CONSENT AGENDA: H ,0 a. (Page 9)Approve Minutes from July 1, 2009 City Council Budget Information meeting. b. (Page 11)Approve Minutes from July 16, 2009 City Council meeting. c. (Page 17)Proclamation—Good Neighbor Day X. PUBLIC HEARINGS: Part I—Non-Quasi-judicial a. / (Staff Report on Page 18., Ordinance on Page 138) Ordinance 24, 2009 — (1st 10-IA reading) Hilltop Gardens Large-scale Comprehensive Plan Future Land Use Plan Amendment. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida adopting a large scale amendment to its Comprehensive Development Plan in accordance with the mandates set forth in Chapter 163, Florida Statutes, specifically Section 163.3184, et seq., Florida Statutes, pursuant to application No. CPMA-09-03-000011, which provides for an amendment to the ' " City's Future Land Use Map designating one (1) parcel of real property comprising approximately twenty-three and 16/100 (23.16+) acres, more or less, in size as "(C) Commercial"; such parcel being located generally North of Northlake Boulevard, East of the C-17 Canal, South of the Seacoast Utility Richard Road Plant, and West of the Hilltop Park Mobile Home Park, informally known as "Hilltop Gardens"; providing for compliance with all requirements of Chapter 163, Florida Statutes; providing for transmittal to DCA; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. Part II —Quasi-judicial a. i (Staff Report on Page 143, Ordinance on Page 174) Ordinance 25, 2009 — (1st reading) Hilltop Gardens Rezoning. An Ordinance of the City Council of the City 10 of Palm Beach Gardens, Florida rezoning one (1) parcel of real property comprising approximately twenty-three and 16/100 (23.16+) acres, more or less, 3 in size; such parcel being located North of Northlake Boulevard, East of the C-17 J u oil s Canal, South of the Seacoast Utility Richard Road Plant, and West of the Hilltop Park Mobile Home Park, informally known as "Hilltop Gardens"; from Residential Medium (RM) to Commercial General (CG1) zoning district; providing that the City zoning district map be revised accordingly; providing a conflicts clause and a severability clause; providing authority to codify; providing an effective date; and for other purposes. b. .'(Staff Report on Page 180, Resolution on Page 201) Resolution 72, 2009 - Jo -a6 Northcorp Corporate Park PCD - TNS Landis Building. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the signage of the TNS Landis Building to construct a parapet wall and raise the height of two (2) tenant signs on the West elevation of said building, generally located at the Northwest corner of the intersection of Burns Road and Riverside Drive, as described more particularly herein; providing an effective date; and for other purposes. c. '(Staff Report on Page 209, Resolution on Page 243) Resolution 74, 2009 — 10-,2c Doubletree North PUD miscellaneous petition. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the sign program of the Doubletree Hotel Planned Unit Development (PUD) to increase the size of the signage for the pharmacy building, generally located at the Northeast Corner of PGA Boulevard and Military Trail, as described more particularly herein: providing an effective date; and for other purposes. XI. RESOLUTIONS: a. (Staff Report on Page 251, Resolution on Page 253) Resolution 69, 2009 — Updating the Schedule of Fees and Charges for Various Services. A Resolution of the City Council of the City of Palm Beach Gardens, Florida updating the i4-41 schedule of fees and charges for various services rendered by the City of Palm Beach Gardens for its citizens and other members of the public for Fiscal Year 2009/2010; providing an effective date; and for other purposes. XII. ORDINANCES: (For Consideration on First Reading) a. i IStaff Report on Page 272, Ordinance on Page 274)Ordinance 27, 2009 — False alarms for police and fire response. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Chapter 30 Emergency Services of the Code of Ordinances of the City of Palm Beach Gardens repealing Article II, Alarm Systems in its entirety and re-adopting same, as revised; providing Lj`o regulations regarding excessive false alarms, fines, and appellate review; further amending Chapter 30 by adopting an entirely new Article III, Misuse of 911 or Emergency Call System; providing regulations, fines, and appellate review; providing that each and every other section and subsection of Chapter 30 shall remain in full force and effect as previously enacted; providing a conflicts clause, a severability clause, and authority to codify; providing an effective date; and for other purposes. XII'. ITEMS FOR COUNCIL ACTION/DISCUSSION: r 6S Po NU() a. Council Communication. PoS71°el)U) b. Office Space c. V Owner Authorization for PUD and PCD Amendments. XIV. CITY ATTORNEY REPORT: XV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk's Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. Comments From The Public Request to Address City Council Please Print Name: O WC V//? /L,( Address: �: .� �_• f City: fii,e3 FL 33 9/877 Subject: /ft G/C/3X6- 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 (A5 SArie dv - Address: It 70 3 A / fr1 ors City: PL Subject: • L L.'h E C c i Y 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 P f lame: /214! 4/) ,) Address: /� /'i) 161-e I7 Ft( City: Subject: Ole/ 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 !1 �' , Name: r q i‘ Address: I./ ?,A Q City: U' Subject: rifl G ,�f.�' 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 Address: City: � Subject: cat:/vai ' 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 I . Name: C� 0 Old V Address: (f A City: 1 () - 33(1e2 r Subject: k/ c,A� + V Y � W � 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: Members of the public may address the City Council during the "Comments by the Public" Portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Comments From The Public Request to Address City Council Please Print Name: C-,4golsrG.� Address: 36 `q Jl rs) .27r City: (� �% (> , t= 1 . 33q/ o Subject: U r h�� Z'- 2o 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. �ecat 9/40? Co✓,'✓c4 . Mttn, Tonight we are holding quasi-judicial hearings on the following cases •Ordinance 25, 2009 — (1st reading) Hilltop Gardens Rezoning. •Resolution 72, 2009 - Northcorp Corporate Park PCD - TNS Landis Building. 'Resolution 74, 2009 — Doubletree North PUD miscellaneous petition. 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. c '0 9/!o/v9 G11 CJ.aJGL ufen✓f. T/• Re-c,(9-.-.A- ay vlcc �GyWC�Wr.J v 4 �uJ. �E✓o f On, July 2nd 2009 both the main and splash pools at the Burns Road Aquatics Center were very busy with summer camp participants. While on duty at the splash pool, Life Guard Mitchell Walker noticed a two year old child who was not moving and face down in the pool. Mitchell quickly exited his stand and pulled the child from the water. As he began to assess the child, he directed bystanders to call 911 and positioned the child for resuscitation. By this time, Life Guards John Tyson and Alfredo Lescaille arrived with oxygen, which was applied to the child to increase oxygenation. Upon arrival of Fire Rescue personnel the child was lethargic, but his breathing and color had improved. He was packaged for transport to St Mary's Children's Emergency Room and provided supportive care. The child was treated and released from the Emergency Room eight hours later, in excellent condition. The positive outcome of this incident can be tied directly to the actions of Life Guards Walker, Tyson and Lescaille who are receiving Fire Rescue Life Safety Awards this evening. Comprehensive Plan Citizen Courtesy Information List Local Government: City of Palm Beach Gardens Hearing Date: September 10, 2009 Type Hearing: City Council (First Hearing) Petition Number: CPMA-09-03-0000011 : Hilltop Gardens Comprehensive Plan Map Amendment DCA Amendment Number: (DCA Official Use) Please Print Clearly By providing your name and address you will receive information concerning the date of publication of the Notice of Intent by the Department of Community Affairs. • Check Citizen Address, City, Appropriate Identify Amendment Name State, Zip Code Response(s) which is of Interest Written ;Spoken Comment !Comment 30/ rspi-e Pi4 E-5Vr4e. j.9,13 -330 t) Budget Oversight Committee August 27, 2009 Report to the City Council The Budget Advisory Committee is continuing the precedent set last year in presenting to the City Council a summary of comments and suggestions from the several meetings the committee has had leading up to the Council's consideration of the 2010 Budget. The committee continues to be impressed with the knowledge and thoroughness of staff in preparation of the annual budget that have been presented to Council and for review of the committee. The methods used to make the projections of revenue, expenses and capital expenditures are logical, prudent and in keeping with the guidance set by Council. Once again this year we believe that staff has built on skills of the past which are needed to cope with an ever changing financial environment. The committee is cautious in its optimism that the real estate values that are the foundation for revenue projections has begun to stabilize but realize that this is in no way assured. The boom times of the prior year are now confirmed as being over and unlikely to return any time soon which is resulting in less ad valorem taxes for the City of Palm Beach Gardens which must continue its control of expenditures while maintaining the high standards of living that the residents have come to expect. The committee has some suggestions and comments dealing with financial strategy, policy and governance which are respectfully submitted for consideration of staff and the elected Council: 1. The millage rate targeted by Council at the most recent meeting of 5.39 is in the opinion of the committee the minimum rate that should be approved and the committee would suggest to Council a slightly higher rate. The rationale for that recommendation is the legislation passed by the State legislature creates formulae that build subsequent millage rates on what is determined in the current year. By setting too low a rate which may be politically prudent in the current year subjects future Councils to extremely difficult decisions in future years. The council must be forward looking when it does set the millage rate. 2. The committee supports the idea of having resident budget meetings throughout the city in addition to those held at council chambers to insure that the Council receives a significant number of comments from the residents about the direction the budget process is taking. 3. The committee recommends to the Council that a more detailed policy be developed for the use of the monies in the reserve fund and not limit the guidance to the amount in the fund as a percentage of expenditures. The committee is in agreement that the fund must stay at or above the 15% level to due to the continued uncertainty of the economy and the need for "rainy day" expenditures. The guidance should be general enough so as to not hinder future councils but that there be enough understanding of what the possibilities could be. Some examples are to use the fund for non-reoccurring expenditures such as capital expenditures, 4. catch up payments to a pension fund, special projects. This would allow the operating budget to focus on the required expense to operate the city at the level of service the citizens expect. 4. The committee suggests that the continued reliance on ad valorem taxes to provide the revenue necessary may no longer be prudent. There must begin a discussion of alternative revenue sources looking to fees for waste collection, utility tax, increasing community service tax all of which are now additional components of the revenue side of budgets of most all of our neighboring communities. By adding such fees, Palm Beach Gardens would still be among the least taxed jurisdictions in the county. With the prospect of real estate values not increasing but expenditures continuing to rise, even just at the rate of inflation, this will put an excessive burden on the ad valorem tax which the committee recommends should be shared by other usage fees. 5. The committee began a discussion on alternatives to taxes. The one option that the committee felt held the greatest promise was to consider tax exempt bonds to pay for no-reoccurring expenditures of the city. The city enjoys a stellar bond rating and would therefore receive the best interest market rate for bonds issued. The use of tax-exempt bonds would have to be done on a selective basis but should be seriously considered. 6. The committee suggests that city is in a very favorable location having two major bio-medical research organizations at our door-step. These organizations will be the magnet in the future for new firms to come to the area as spin-offs occur. This will enhance the value of the City of Palm Beach Gardens in countless ways. To ensure that there is continued economic growth, the committee suggests that the budget continue to include economic development funds that can be used to attract or retain companies which have a substantial cascading effect on both jobs and tax revenue possibilities. 7. Prior committees have been involved in discussion regarding the pension plan underfunding and the high cost of administering these plans. Recommendations have been made due to the concern over the future liability that has become a significant factor in the City's finances. The committee supports the comments of prior committees to keep the pension issue as an ongoing concern and it will be revisited at future committee meetings. The committee appreciates the opportunity to provide this report to the City Council and welcomes that opportunity to discuss in more detail any of the suggestions and comments listed above. L. Ma Cohn Bernard Pettingill 'eg ar Member ,7' Kenneth Menard Regular Member _if:10 th,gel, Phi lip Woodall Regular Member CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, Good Neighbor Day is a goodwill event held on the second Wednesday of September; and WHEREAS, the purpose of Good Neighbor Day is to make our communities a better place to live; and WHEREAS, as our communities become better places to live, they will become better places to do business; and WHEREAS, Good Neighbor Day's appeal is simple -it is a means of promoting a return to neighborliness in our communities; and WHEREAS, participating florists throughout Palm Beach County and the United States will be giving away tlwusands of flowers in one dozen bunches to customers, asking in return only that they keep one and give away the other eleven in a gesture of friendship and goodwill; and WHEREAS, through this act of kindness, new friendships will be formed and a message of love and caring will be shared. NOW, THEREFORE, I, JosephR. Russo, by virtue ofthe autlwrity vested in me as Mayor of the City of Palm Beach Gardens, Florid~ do hereby proclaim September 9, 2009 GOOD NEIGHBOR DAY in the City of Palm Beach Gardens and urge all interested citizens and businesses to recognize this worthwhile event Attest: Patricia Snider, CMC, City Clerk IN wrrNESS WlmRJOOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on t · 1 ()th day o September in e ar o r ~ Lo~ oTh a Nin ~ •