HomeMy WebLinkAboutAgenda P&Z 092209AGENDA
CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
TUESDAY, SEPTEMBER 22, 2009 AT 6:30 P.M.
COUNCIL CHAMBERS
• CALL TO ORDER
• PLEDGE OF ALLEGIANCE
• ROLL CALL
• ADDITIONS, DELETIONS, MODIFICATIONS
• REPORT BY THE GROWTH MANAGEMENT ADMINISTRATOR: KARA IRWIN
• APPROVAL OF MINUTES: 08/ll/09 and 08/25/09
PLANNING, ZONING AND APPEALS BOARD
Re�ular Members:
Craig Kunkle (Chair)
Douglas Pennell (Vice Chair)
Barry Present
Randolph Hansen
Michael Panczak
Joy Hecht
Amir Kanel
Alternates •
Donald Krzan (lst Alt.)
Joanne Koerner (2"d Alt.)
1. Recommendation to City Council
(Public Hearing)
LDRA-09-07-000023: City initiated request for owners consent for PCD/PUD
Amendments
This is a City initiated Land Development Regulation (LDR) Text Amendment to revise
and clarify the City's Land Development Regulations in order allow a property owners
association to apply for amendments to planned development approvals.
Planning, Zoning and Appeals Board
September 22, 2009
2. Recommendation to City Council
(Public Hearing)
LDRA-09-07-000025: Code Amendments to Environmental Lands Mitigation and
Dumpsters/Recycling.
This is a City initiated Land Development Regulation (LDR) text amendment. The
proposed amendment helps clarify certain code requirements, and change or delete
current code language to be consistent with the existing Conservation Element of the
City's Comprehensive Plan. City staff is also taking the opportunity to amend the
Dumpster/Recycling codes based on the requirement in the Comprehensive Plan related
to the green initiatives.
Project Manager: Mark Hendrickson mhendrickson(a�,pb�fl.com (799-4259)
3. Recommendation to City Council
Ex Parte Communication (Public Hearing)
Petition PCDA-09-08-000006: Frenchman's Reserve PCD Amendment to reduce
lake maintenance easement
A request from Ronald Blum, Senior Vice President, Frenchman's Reserve
Country Club, Inc., to approve an amendment to the Planned Community Development
(PCD), located directly east of the intersection of Alternate AlA and Hood Road. The
proposed amendment would allow the reduction of the lake maintenance easement from
20' to 15' adjacent to the south property lines of lots 20, 21, 22, and a portion of 23 of
Pod G, for a lake located in the Frenchman's Reserve golf course.
Project Manager: Martin Schneider msclmeider@pbgfl.com (799-4237)
4. OLD BUSINESS
5. NEW BUSINESS
6. ADJOURNMENT
In accordance wrth the Americans with Disabilities Act and Fdorida Stat�ute 286.26, persons with disabi[itaes neecting specia[ accommodations to
particzpate in this proceeding shoulcl contact the City Clerk's Office, no dater than five days prior� to the proceecling, at telephone number (561)
799-4120 for assistance; if'hearing impaired, telephone the Fdorida Relay Servdce Numbers (800) 955-8771 (TDD) or (800) 955-8770 (VO[CE),
for assistance. If a person decides to appeal any decision made by the Planning, Zoning and Appea[s Boar•ct, Local Planning Agency, or Land
Development Regulations Commission, wzth respect to any �natter considered at such m�eeting or hearing, they will need a record of the
pr•oceedings; and for such, they may need to ensure that a ver•batim record of the proceedings is made, which recor�d i��cludes the testinaony and
evidence upon which the appeal is Co be based. Exact lega[ descri�tion and/or survey for the cases may be obtained from the fi[es zn the Growth
Management Department.
Common/pz agenda 09.22.2009doc
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CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
REGULAR MEETING
AUGUST 11, 2009
The regular ineeting was called to order at 6:30 p.m. by Chair Craig Kunkle.
L CALL TO ORDER
IL PLEDGE OF ALLEGIANCE
III. ROLL CALL
Members Present: Chair Craig Kunkle (left meeting at 7:30 p.
Randolph Hansen, Joy Hecht, Barry Present, Michael Pancza]
(2nd Alternate sitting for Chair Kunkle at 7:30 p.m.).
Members Absent: None
Also Present: City Attorney Keith Davis, Growth 1V�anagerr
Douglas Pem1e11,
Kanel, Joanne Koenler
15 Planning Manager Natalie Wong, Planner Richard I�an-ero, City Forester� -
16 Forestry Technician Ray Caranci, Planner Markin . Schneider, Engineering
17 Alfonso.
18 IV. ADDITIONS. DELETIONS AND MODIFICATIONS
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None.
V.
None.
22 VI. APPROVAL OF MINUTES
23 Randolph Hansen made a motion for approval
24 Vice Chair Pennell seconded.
25 Motion passed 7-0.
26 Randolph Hansen made a motion for approval
27 Vice Chair Pennell seconi�ed.
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Motion passed 7-0.
VIL PUBLIC F
1. Ex Parte Comr,
LDRA=:09-02-000020
the Bri�er Tract
PDRI-09-02-000002 l
PPCD-09-02-OOOfl02
Workshop.
��
Kara Irwiil,
Hendrickson,
ciate Denise
TRATOR
minutes.
July 14, 2009 meeting minutes.
Hansen, Joanne Koerner.
I IZ�iaCi!
36 Public Workshop:,A,request by Mr. Ken Tuma, of Urban Design Kilday Studios, on behalf of
37 the property owners;'Ti�e%Lester Family Investments, L.P., et al, and Palm Beach County, for
38 approval of a rezoning from Planned Development Area (PDA) zoning designation to a Planned
39 Coimnunity Development Overlay (PCD) zoning designation. The proposed PCD/DRI will
4o consist of 1.6 million square feet of biotech research space for Phase II of The Scripps Research
41 Institute's (TSRI) Florida campus, 2.4 million square feet of biotechnological/biomedical,
42 pllarmac�utical and related anci�iary uses, 500,000 square feet of cominercial development, and
43 2,700 dwelling units. The subject site is approximately 681 acres and is located south of Donald
44 Ross Road, north of Hood Road and east and west of Interstate 95.
45 Tlie followin� individuals coinmented on this agenda itein: Ken Tuma, Urban Design Kilday
46 Studios; Planning Mana�er Natalie Wong.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 1
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The following individuals made public comment on this agenda itein: Peter R. LiuUman,
221 Barbados Drive, Jupiter; Kris Garrison, Palm Beach County School District, West Palin
Beach.
Chair Kunkle left the meeting at 7:30 p.m. and 2nd Alternate Joanne Koerner was seated in his
place. Vice Chair Pennell assumed the responsibilities of the chair.
VIII. OLD BUSINESS
None.
IX. NEW BUSINESS
Noue.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
08•11• Oy
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X. ADJOURNMENT
Vice Chair Pennell adjourned the meeting at 8:36 p.m.
The next regular meeting will be held August 25, 2009.
APPROVED:
ATr
Craig Kunkle, Chair
Douglas Pennell, Vice Chair
B arry Present
Randolph Hansen
Michael Panczak
I�onna IVI. Cannon
Municipal Services Coordinaior
Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the
meeting.
All referenced attachments are on file in the Office of the City Clerk.
Note: The Public Information Coordinator swore in those preparing to give testimony.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
08•11• 09
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CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
REGULAR MEETING
AUGUST 25, 2009
The regular meeting was called to order at 6:30 p.m. by Chair Craig Kunkle.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
Members Present: Chair Craig Kunkle, Vice Chair pouglas Peri�ell, Randolph Hansen, Joy
Hecht, Michael Panczak, Amir Kanel, Donald Krzan (lst Alternate silting for Barry Present).
Members Absent: Barry Present
Also Present: City Attorney Keith Davis, Growth Managerr�ent Administ�atQr Kara Irwin,.
IV. ADDITIONS, DELETIONS AND MODIFICr�TIONS`
None.
V. REPORT BY KARA IRWIN, GROWTH MANAGEII'IENT ADM]
None.
VI. APPROVAL OF MINUTES
None.
VII. PUBLIC HEARINGS
1. Recommendation to City Council `
Ex Parte Communication (Public Hearing)
Randolph Hansen, Michael
PUDA-09-06-000021: Fa
Alessandria Kalfin oi Cotlaur &
requesting approval for moclific�
� ..: :
delete condition #41,�regarding:
mitigation Site to anothe�• entity.
Staff Lia'ison Kara Irwin ;.prf
postponement until a date'certa
Chair Kunkle opened the publ
Randolnh Harisen made a mo1
Motion passed, 7-0.
Randolph Aansen rriade�r
Douglas Pennell secondec
Motion passed, 7-0.
VIII. OLD BUSINESS
None.
�X. 1N�EW BUSINESS
S�1o�1e�
of
Joy I
i Co
II C�J.�
;, Vice Chair pouglas Pennell,
Krzan.
Inc., agent far;Palm Beach Community Church, Inc., is
e approved development order for the Borland Center to
of $250;000 to the City upon conveyance of the off-site
from petitioner Cotleur & Hearing requesting a
8, 2009.
to continue the hearing until SeptemUer 8, 2009.
motion to postpone this agenda item at the applicant's request.
(The remaznder of this page intentionally left blank.)
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
08°25• 09
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X. ADJOURNMENT
Chair Crai� Kunkle adjourned the meeting at 6:34 p.m.
The next regular meeting will be held September 8, 2009.
APPROVED:
Alr
Craig Kunkle, Chair
Donna 1VI. Cannort
Municipal Services Coordinator
Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the
meetfng,
All refereneed attachments are on file in the Office of the City Clerk.
Note: The Public information Coordinator swore fn those preparing to give testimony.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
08•25• 09
Page 2
CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
Agenda Cover Memorandum
Meeting Date: September 22, 2009
Petition #: PCDA-09-08-000006
SUBJECT/AGENDA ITEM
Petition PCDA-09-08-000006: Frenchman's Reserve PCD Amendment to reduce lake
maintenance easement
Recommendation to City Council: A request from Ronald Blum, Senior Vice President,
Frenchman's Reserve Country Club, Inc., to approve an amendment to the Planned Community
Development (PCD), located directly east of the intersection of Alternate AlA and Hood Road.
The proposed amendment would allow the reduction of the lake maintenance easement from 20'
to 15' adjacent to the south property lines of lots 20, 21, 22, and a portion of 23 of Pod G, for a
lalce located in the Frenchman's Reserve golf course.
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by,� � Originating Dept.: FINANCE: PZAB Action:
Cit rt}� : Growth Management: [] Rec. approval
�°
' Project Finance [] Rec. app. w/ conds.
Manager Administrator: Rec. Denial
ax Lohman, Esq. � �
Mai�tin Schneider, AICP [] Continued to:
N/A
Development Compliance: planning Allan Owens
Manager
Bahareh K. Wolfs, AICP Natalie Wong, AICP
[X] Quasi — Judicial Accountant:
Growth Management [ ] Legislative
Admirp trator: [X] Public Hearing
Sarah Varga Attacliments:
Advertised:
•:• Applicant justification
Kara L. Irwin, AICP Date: Sept. 11, 2009 Fees Paid: [X] Yes .;. Application
Paper: Palm Beach Post e• Location Map
Approved By: [X] Required Budget Acet.#: '�• Easement Release
City Manager [] Not Required N�� •:• Frenchman's Reserve
PCD �od G — Lots 20 -
23 Lot Layout
Affected Parties: e• City LDRs, Section 78-
Ronald IVi. Ferri� [X� Notzfied 563, Lake Maintenance
[ ] Not Required Tracts
Meeting Date: September 22, 2009
Petition: PCDA-09-08-000006
Page 2 of 5
EXECUTIVE SUMMARY
The request is for approval of a PCD amendinent to reduce the lake maintenance easement from
20' to 15' adjacent to the south property lines of lots 20, 21, 22, and a portion of 23 of Pod G, for
a lake located in the Frenchman's Reserve golf course (see Easement Release Attachment). The
Frenchman's Reserve PCD is located directly east of the intersection of Alternate AlA and Hood
Road. Pod G is located in the southwest corner of the PCD. The request will give flexibility to
the property owners of the adjacent lots, will not hinder maintenance of the lalce, and will not
impact the surrounding community. Staff Necommends approval of the applicant's petition.
BACKGROUND
The Frenchman's Reserve PCD is located directly east of the intersection of Alternate AlA and
Hood Road. The PCD is bounded by Frenchman's Creek to the north, Cabana Colony to the
south, a residential community in unincorporated Palm Beach County and Frenchinan's Forest
preserve area to the east, and Alternate AlA and the Seacoast Utility Authority water treatment
plant to the west (see Table 1 below). Pod G of Frenchman's Reserve is located in the southwest
corner of the PCD (see Location Map attached). The lake and lots in question are located entirely
within the PCD, and do not border on any outside neighborhoods. The request will have no effect
on any neighboring communities.
Request
The Frenchman's Reserve Country Club, Inc., which controls the golf course, has submitted this
petition requesting approval of a PCD amendment to reduce the lake maintenance easement
(LME) from 20' to 15' adjacent to the south property lines of lots 20, 21, 22, and a portion of 23
of Pod G, for a small lake located in the Frenchman's Reserve golf course.
Justification
The purpose of adjusting the LME is to give the owners of the four lots north of the subject lake
flexibility to provide space for improved screening and circulation around their pools or spas (see
Applicant Justification Statement attached). The design of the zero lot line homes within Pod G
do not allow adequate landscape and hardscape materials to be installed between the perimeter
fences without creating circulation issues around the pools. The five foot adjustment to the LME
will allow landscape and hardscape materials to be placed in that area to screen the homeowner's
rear yard and provide adequate separation between the pool and fence.
The LME will be reduced to 15' along the north side of the subject lake, and will re�nain 2Q'
around the xer�aix�dex �f the la�Ce. This will provide more ihan adequate access for lake
maintenance. Access ta the lake is prov�ded through the golf course tract. In addition, the lakes
are maintained by boat, which eliminates the need for wide maintenance areas around the lakes.
�'he City's �,and Development TZegulations (LDRs) allow City Council to approve reductions to
lake maintenance tracts (Section 78-563(b)), and the City has granted LME reductions in the past
with no adverse effects. The petitioner is not proposing permanent structures within the proposed
area, rather only removable fences, landscape, and hardscape materials.
Meeting Date: September 22, 2009
Petition: PCDA-09-08-000006
Page 3 of 5
LAND USE & ZONING
In 2001, City Council approved Ordinance 4, 2001, which created Frenchman's Reserve, a 434
acre PCD with an underlying zoning of Residential Low Density 3(RL-3). The PCD allowed
530 residential units, an 18-hole golf course, and a 45,000 square foot clubhouse facility.
TABLE 1. EXISTING USE, ZONING, AND FUTURE LAND USE DESIGNATIONS
EXISTING USE � ZONING ' I FUTURE LAND USE
Subject PropertX
Frenchman's Reserve PCD
North
Residential (Frenchman's
Creek)
South
Residential — Cabana Colony
(Unincorporated Palm Beach
County)
East
Residential (Unincorporated
Palm Beach County);
Frenchman's Forest
(preserve area)
PCD with underlying zoning
of RL-3
PCD with underlying zoning
of RL-3
Palm Beach County
Residential Multi-family
��)
Palm Beach County
Residential Single-family
(RS); Planned Development
Area (PDA)/Conservation
Preserved Lands
West
Alternate AlA; Seacoast Public or Institutional (P/I)
Utilit� Authority water plant with a Conditional Use
overlav
Residential Low Density
RL and Golf (G)
Palm Beach County
Residential (MR-5)
Palm Beach County
Residential (MR-5);
Conservation (CON)
Public (P)
COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC)
The subject petition was reviewed by members of the DRC committee on September 4, 2009. No
conditions of approval were rec�uired.
Meeting Date: September 22, 2009
Petition: PCDA-09-08-000006
Page 4 of 5
�TAFF ANALYSIS
The requested LME reduction is located along the northern portion of a small lalce (Tract L2)
within the Frenchman's Reserve golf course (Tract O). It is a five foot strip of land that runs
approximately 253 feet along the south properties of four lots within Pod G. The total area of the
requested LME reduction is approximately 1,200 square feet or 0.28 acres; a fractional percent
(.Ol percent) of the approximately 239 acres of total open space provided in Frenchman's
Reserve.
According to Ciry Code, PCDs are required to have at least 20 percent community serving open
space. Frenchman's Reserve has approximately 104 acres of community serving open space, or
24 percent. This is approximately 17 acres above the required amount. The applicant calculated
that if the requested encroachment were to be granted to all lots in the development not adjacent
to preserve areas, the overall encroachment would be a total of 3.59 acres. Even with this
hypothetical encroachment, the community serving open space of the PCD would surpass the
required amount by nearly 14 acres. It is important to note that the current request only grants the
LME reduction for the four lots specified. The only way future encroachments into lake
maintenance easements would be allowed is through the PCD amendment process, which
requires City Council approval.
The proposed reduction of the LME will not limit access to the lake for maintenance purposes.
Access to the lake is provided through the golf course tract, which surrounds the lake on three
sides. This access remains unaffected by the proposal. The proposed 15' LME along the north
side of the lake will continue to allow more than adequate space for lawn mowers or other
equipment to circle the lake for maintenance purposes.
The City has granted reductions to LME's in the past:
• In 2004, a waiver allowing a LME reduction from 20' to 13' was granted for the
Congress Plaza East (Target) Planned Unit Development (PUD) (Reso. 135, 2004);
• In 2005, the Pointe PUD was granted a waiver to reduce a LME from 20' to 12' (Reso.
175, 2005); and
• In 2004, administrative approval was granted to the Donald Ross Village PUD to malce
adjustments to its approved lake area, which included allowing its LME to be located on
the adj acent property.
Th�se examples show that the City has been willing to allow for LME adjustinents when it will
assist the property owner without negatively impacting the City.
Since the subject lake and golf course are internal to the PCD, there will be no iinpact to the
surrounding community. The entirety of Frenchman's Reserve is surrounded by substantial
landscape buffers. Therefore, the request will not adversely impact upon the City, its residents, or
the surrounding community. The LME reduction wi11 provide the owners of the four lots north of
Meeting Date: September 22, 2009
Petition: PCDA-09-08-000006
Page 5 of 5
this lalce the flexibility to better utilize their rear yards and amenities without adversely
iinpacting the City.
The fence easement will allow for the placement of a removable fence and landscape/hardscape
materials within the five foot easement area. This will give the adjacent property owner
increased circulation around their pools or spas, and the option of additional landscaped
screening from the golf course. No permanent structures shall be permitted in the fence
easement. Because request will give flexibility to the property owners of the adjacent lots, will
not hinder maintenance of the lake, and will not impact the surrounding community, staff
supports the petition.
STAFF RECOMMENDATION
Staff recommends approval of petition PCDA-09-08-000006, an amendment to the Frenchman's
Reserve PCD, to allow the reduction of the LME from 20' to 15' adjacent to the south property
lines of lots 20, 21, 22, and a portion of 23 of Pod G, for a lake located in the Frenchman's
Reserve golf course (Tract O).
LA N D
DESIGN
SOUTH
Planning
Landscape Architecture
Environmental
Transportation
Graphic Design
Justification Statement
Fren�hman's I2eserve
PCD Amendment
Petition SPLA-09-08-000015
P�-oiect Narrative
The Frenchman's Reserve PCD is located on the east side of Alternate AlA, approximately one (1) mile
SGii�iil v�PiGiiaifi ROSS �vaCi. ihe �evelcY�r�ent is c:,rn�riseu of 4�34.ig aCPeS vJltil a ivta'11 Gi 4�•-�r% UiiitS �iiti
received final City Council approval on March 15, 2001. This request involves the reduction of a 20'
lake maintenance easement adjacent to lots 20, 21,22, and a portion of lot 23 of Pod G. The easement is
located with the golf course tract, which is approximately 134.67 acres.
Requ�st
The applicant is requesting relief from Section 78-563 (C) of the Land Development Code in order to
reduce the Lake Maintenance Easement (LME) adjacent to lots 20, 21,22, and a portion of lot 23 within
pod G from 20 feet to 15 feet. The total length of the reduced portion of LME is +/-253.10'. As stated
above, the LME is located within the golf course tract of the overall PCD.
Justi�cation
The design of the pool/spa and pool decks of these homes has created a unique situation that does not
allow adequate landscape/hardscape material to be installed between the perimeter fence and the
pool/spa without a circulation issue around the pool/spa. The 5' encroachment into the lake maintenance
easement will allow landscape/hardscape material to be placed in that area to screen each homeowner's
rear yard with adequate separation from the pool/spa as well as allowing the installation of a fence. Due
to the specific layout of these homes external hardscape features, this amendment allows them to
function with adequate space, circulation, and screening.
The 15' section of LME will sti11_ prov?�e a more than a�e�uate area for lake maintenancP. Access to the
lake is �rcvide� thro�gh t�P galf ��krsP ±�wct; �,�hic�: allo��:�s far e��Pn m��re m.ain±Qna�ce area ±han �
typical lake surrounded by single family lots. The lakes are also maintained by boat, which eliminates
the need for a wide maintenance area surrounding the lake. Reduction of lake maintenance easements
have been approved previousl_y by the City with no adverse affects or maintenance issues.
The Land Development Regulations allow the City Council to approve a reduction in the required lake
maintenance tract to allow such improvements as the installation of permanent recreational facilities.
There are no health, safety, or welfare issues that could arise because of the reduction of the LME from
20' to 15'. The Land Development Regulations allow for "permanent recreational facilities", however,
W2 ai8 �3Tv�3GS21ig a ii,122fiV2'�ii�, i�ii�i, aT1Ci iail�S�apeinarascape �rla�eriai.
The total area of the lake maintenance easement to be removed and replaced with a fence easement is
approximately 1,200 SF or .028 acres. This area does encroach into the golf course open space of
Frenchman's Reserve but only has a very minimal impact on the overall open space, which is well above
2101 Centrepark West Drive, Suite 100 � West Palm Beach, Florida 33409 � 561-478-8501 FAX 561-478-5012
1100 St. Lucie West Blvd., Suite 202 � Port St. Lucie, Florida 34986 � 772-871-7778 FAX 772-871-9992
�
code requirements. The Land Development Regulations require 35% of the residential development to
be provided as open space, which in the case equates to 151.97 acres of the overa11434.19 acre
development. The Land Development Regulations also require 20% of the open space to be
"community-serving" open space, which excludes the golf course. The community-serving open space
required for this development is 84.63 acres, with 104.09 acres being provided (19.46 acres above the
LDR requirement). The total open space provided is 238.76 acres (86.8 acres above the LDR
requirement) and would be reduced to 238.73 acres, a reduction of .O1%. As another example of the
minimal impact, if all of the lots in the development not adjacent to preserve area were to have the same
5' fence encroachment/easement, the overall open space would only be reduced by 3.59 acres and still
be 83.2 acres above the LDR requirement.
Therefore, based on the above justification, we respectfully request approval for the 5' LME reduction
adjacent to lots 20-23 in Pod G of Frenchman's Reserve PCD.
2101 Centrepark West Drive, Suite 100 � West Palm Beach, Florida 33409 � 561-478-8501 FAX 561-478-5012
1100 St. Lucie West Blvd., Suite 202 � Port St. Lucie, Florida 34986 � 772-871-7778 FAX 772-871-9992
(
CITY OF PALM BEACH GARDENS
DEVELOPMENT APPLICATION
Planning and Zoning Division
Growth Ma�agement 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)
Planned Unit Development (PUD)
Amendment to PCD, PUD or Site Plan
Conditional Use
Amendment to the Comprehensive Plan
Administrative Approval
Administrative Appeal
Project Name: Frenchman' s Reserve
QAnnexation
[]Rezoning
f-1Site Plan Review
Certificate
Extension
Date Submitted:
Owner: Frenchman's Reserve Country Club, Inc.
Applicant (if not Owner):
3370 Grande Corniche
Applicant'sAddress:Palm seach Gardens, FL 33410T010pYlOri0N0.561-471-5710
Agent:
Contact Person: Ronald Blum
Agent's Mailing Address:
Agent's Telephone Number:
IPetition Number:
I Fees
pplication $ _
eceint Number:
E-Mail: ronblumCtollbrothersinc.com
FQR OFFICE USE ONLY
Date & Time Received:
Engineering $
1
�
Information concerning all requests (attach additional sheets if needed.)
{Section 78-46, Application Procedures, Land Development Regulations}
Explain the nature of the request:
Request waiver from Section 78-563(c) to reduce the existinq lake
maintenance easement from 20 feet wide to 15 feet wide alona the
boundary of Pod G Lots 20, 21, 22 and a portion of Lot 23 - a total
lenath of 220 feet.
2. What will be the impact of the proposed change on the surrounding area?
The lake maintenance easement will be reduced by 5 feet for a
lencrth of 220 feet which will have minimal impact for maintaining
the lake.
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.
Not applicable
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
Name of
1
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3
i
That he/she is the fee simple title owner of the property described in the attached
Legal Description.
That he/she is requesting a waiver to the Frenchman � s Reserve PCD
City of Palm Beach Gardens, Florida.
That he/she has appointed
as authorized agent on his/her behalf to accomplish the above project.
of Owner
3370 Grande Corniche
Street Address
P. O. Box
561-741-5730
Telephone Number
F• -�'�
.
ronblum@tollbrothersinc.com
E-mail Address
the
to act
Ronald Blum/Division Sr. Vice President
By: Name/Title
Palm Beach Gardens, FL 33410
City, State, Zip Code
City, State, Zip Code
561-471-5711
Fax Number
Sworn and subscribed before me this � day of , ��0 1
My Commission expires:
,4Q.r, . 3 , �01 a-
5
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MY CC1MMf5510N � pD ei 1259
EXi�IW�S; n�cetnb9l' 3, 2012
�axiatl iiiru Notary �uSGc undervrtteta
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DESIGNED BY ❑� and Associates Inc.
RLB FLORIDA P.E. LICENSE NUMBER: i
DRAWN BY OC 2009 KIMLEY—HORN AND ASSOCIATES, INC.
SDS 601 21ST STREET, SUITE 30q VERO BEACH, FL 32960
CHECKED BY PHONE: 772-562-7981 FAX: 772-562-96H9
RLB DATE: WWW.KIMIEY—H�RN.COM CA 00000696
DESCRIPTION: EASEMENT RELEASE
A PQRTION OF THAT CERTAIN 20 FOOT LAKE MAINTENANCE EASEMEPiT, AS SMOWN ON FRENCHMAN'S RESERVE
PCD — PLAT ONE, ACCORDING TO THE PLAT THEREOF, A5 RECORDED iN PLAT BOOK 92, PAGES 91 THROUGH 20
OF THE PUBLIC RECOiZDS OF PALM BEACH COUNTY, FLORIDA, LYING WlTHEN TRAC� 0, FRENCHMAN'S RESERVE PCD
— GOLF COURSE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 109, PAGES 73 T!-1ROUGH 87
OF THE PUBLIC RECORbS OF PALM BEACH COUNTY, FLORlDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING A7 'fHE SOUTHWEST CORNER OF LOT 21, FRENCHMAN'S RESERVE PCD — PLA7 G, ACCQRDING TO THE
PLAT THEREOF, A5 RECORDED IN PLAT BOOK 95, PAGE5 100 AND 101 OF THE PUBLIC RECQRDS OF PALM BEACH
GOUNTY, FLORIDA; 7HENCE S.78°02'08"E. ALONG THE SOUiN LiNE OF LOTS 21, 22 AND 23 OF SAID FRENCHMAN'S
RESERVE PCD — PLAT G(SAID LlNE ALSO BEING THE NORiHERLY LINE OF SAID 20 F007 LAKE MAINTENANCE
EASEMENT), A DI5TANCE flF 154.72 FEET TO A POINT 0�' CUF2VE TO THE RIGHT HAVING A RADIUS OF 39.00 FEET
AND A CEN7RAL ANGLE OF 29'19'S6"; THENCE SOUTNEASTERLY ALONG TF{E ARC flF' SAID 20 FOOT LAKE
MAWTENANCE EASEMENT, A DfSTANCE OF 19.97 FEET; THENCE N.78'02'08"W. ALONG A LINE 5.Od FEET SOUTH OF
(AS MEASURED Al` RIGHT ANGLES TO) AND PARALLEL TO 7HE SOU'f'H LINE OF LdT5 20 TFiP.pUGH 23 OF SAiD
FRENCNMAN'S RESERVE PCD — PLAT G, A DISTANCE 0� 253.10 FEEi TO A POIN7 OF INTERSECTION WITH i-HE
PJ�R�FiERLY LINE OF SAID 20 FOOT LAKE MAiNTENANCE EASEMENT, AND THE P01N7 c?F CURVE OF A NON
TANGENT CURVE TO THE RIGHT, 0� WHICH THE RADIUS POiNT LIES 5.12'39'20"E., A RADIAL DISTANCE OF 55.00
FEET; THENCE EASTERLY ALONG THE ARC 4F SAID 20 FOOT LAKE MAIN1`ENANCE EASEMENT, THRDUGH A CENTRAL
ANGLE QF 2437'12", A DISTANCE OF 23.63 F'EET TO A P01NT OF INTERSECTION WITH TNE SOUTH L1NE OF LOT 20
OF SAID FRENCHMAN'S RESERVE PCD — PLA7 G(SAID LINE ALSO BE1NG THE NORT}iERLY LINE 0�' SAID 20 FOOT
LAKE MAINTENANCE EAS�MENT); THENCE 5.78'02'08"E. ALONG THE SOUTH LiNE OF SAID LOT Z0, A DISTANCE 0�
56.36 FEET TO THE POINT Q� BEGINNING.
SAID LANDS SITUA7E IN THE CITY OF PALM BEACN GARDENS, PALM
CONTAINING 7,197 SQUARE FEETJ.0275 ACRES MORE OR LESS.
SUBJECT TO EASEMEN7S, RESTRICiIONS, RESERVATIONS, COVENANTS,
BEACH COUNTY, FLORIDA.
AND RIGHTS—OF—WAY OF RECORD.
N �TES:
�. REPRODU�C710N5 OF THIS SKETCH ARE NOT VALfD UI�LESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL.
2. LANDS SHOWN HEREOt� ARE NOT ABS7RACTED FOR RIGHTS—OF—WAY, EASEMENTS, OWNERSHIP, OR OTHER
1NSTRUMENTS OF RECORD. .
3. BEARINGS ARE RELA`�VE TO A RECORD BEARING 0� S.78'02'08"E. AL�NG
7HROUGH 23, FRENCHMAN'S RESERVE PCD — PLA7 G.
4. THE "LAf�p QESCR1Pi'!ON" HEREON WAS PREPARED BY THE SURVEYOR.
5. DATA SHOWN hEEREON WAS COMPILED FROM THE INSTRUMENT OF RECORD
SURV�Y AS SUCN.
CERTiFICATE:
! HERE6Y CERTEFY THAT THE
AND CdRRECT TO THE BES7
2009. I FURTHE�2 CERTI�'Y
FORTH IN CHAPTER 69G1 —6
FLQRIDA STATUTES 47 027.�
DAViD P. LINDLEY
REG. LAND SURVEYOR #5005
STATE OF' FLORIDA
LB #3591
TNE SOUTH LINE 0� LOTS 20
AND DOES NOT CONSl11UTE A F1ELD
AT7ACHEb SKETCH OF DESCRIPTION OF THE HEREDN DESCRfBED PROPERjY IS TRUE
aT�� Y KNOWLEDGE AND BELIEF AS PREPARED UNDER MY 171REC11QN QN JULY 31,
CHIS SKETCH OF dESCRIPTION MEETS THE MINIMUM TECNNICAL STANDARDS SET
/�.C�PTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT 70
CAULFIELD 8� WHEELER, 1NC.
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BOCA RATON, FLORIDA 33433
PHONE (561)-392-1991 / FAX (Sbl)-750-11+52
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TO:
DATE:
FROM:
SUBJECT:
CITY OF PALM BEACH GARDENS
MEMORANDUM
Kara Irwin, Growth Management Administrator
September 17, 2009
Mark Hendrickson, City Forester �i ��
Postponement of Petition LDRA-09-07-000025
The City has advertised Petition LDRA-09-07-000025 in the Palm Beach Post to be
heard at the September 22, 2009, Planning, Zoning and Appeals Board as a public
hearing and recommendation to City Council.
The aforementioned petition is still being reviewed and updated by City staff, so it is not
finalized and ready for review by the Board. City staff respectfully requests that the
PZAB postpone the public hearing to November 10, 2009, which will be sufficient time
to complete the final ordinance.
CITY OF PALM BEACH GARDENS
PLA�INI1�iG, ZONING, AND APPEALS BOARD
Agenda Cover Memorandum
Meeting Date: September 22, 2009
Petition: LDRA-09-07-000023
Ordinance 31, 2009
Subject/Agenda Item:
LDRA-09-07-000023: Amendment to the Land Development Regulations Relating to 100%
Consent
Public Hearing & Recommendation to City Council: A City-initiated request to amend the Palm
Beach Gardens Land Development Regulations to revise and clarify the code sections relating to the
requirement of securing 100% consent from the property owners in a PUD/PCD for any application
submitted for Development Order approval.
[ X ] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: Finance Dept.: PZAB Action:
Growth Mana ment: N/A [N/A] Approved
City Attorney Pro ect - Allan Owens
R. Max Lohman, Esq. � [N/A] App. w/ conditions
Manager Administrator [N/A] Denied
Development Compliance Kara L. Irwin [] Rec. approval
NA GMA Senior Accountant: [] Rec. app. w/ conds.
Bahareh Keshavarz-Wolfs,
AICP [ ] Quasi-Judicial [ ] Rec. Denial
[ X ] Legislative [N/A] Continued
Growth Manag e [ X] Public Hearing Tresha Thomas to:
Administrator Fees Paid: [ ] Yes
Kara Irwin, AI
Advertised: Attachments:
Date: 09/12/09 • Ordinance 31, 2009
Paper: PB Post Funding Source:
[ X ] Required
Approved By: [ ] Operating
Ronald M. Ferris Affected parties: [X] Other_NA
[ X ] N/A
City Manager
Budget Acct.#:
NA
Meeting Date: September 22, 2009
Petition: LDRA-09-07-000023
Page 2 of 13
Back�round
A public request was made to the City Council to consider a modification of the code which would
allow the dully authorized Property Owner's Association (POA) representative of a Planned
Community, and/or their authorized agent, to represent the community in development order
application requests when the request is submitted in accordance with the POA guidelines of the
community in question. The City Council agreed that the issue needed to be addressed and directed
staff to make a recommendation on how the code provision could or should be changed.
Staff reviewed the Palm Beach Gardens Code of Ordinances and the Ordinances of several other
local jurisdictions and found that there are elements in the Palm Beach Gardens Code that support
allowing a POA to represent the community. Staff also found that other local jurisdictions have also
addressed the issue by allowing POA's to represent their communities. Staff presented the research
to the City Council.
On September 10, 2009, City Council directed staff to propose amendments to the provisions of the
Code of Ordinances that regulate requirements for consent on applications for planned development
approvals and/or amendments.
Current Code Requirements
Pursuant to Section 78-46(e)(5), Section 78-80(a)(6), Section 78-448(a)(3) andSection 78-46(�(2)s
of the City of Palm Beach Gardens Code, applications for development order approval are required
to include written consent by all owners of the property described in the petition.
Authority
Section 78-46(e)(5), Section 78-80(a)(6) an�l Section 78-448(a)(3):
AuthoNity. A statement of the applicant's interest in the prope�^ty and.•
a. If joint and seve�°al ownership, a written consent to petition by all owners of Neco�d;
b. If a contract purchase, written consent of the selleN or owner;
c. If an authoNized agent, a copy of the agent's authorized agreement or� written consent of the
owner;
d. If a lessee, a copy of the lease agreement and written consent of the owner;
e. If cz corporation, partneNShip, or other business entity, the name of the officer oN person
�°esponsible fo� the applacation and written _proof that the �epNesentative has authoNity to
represent the corpoNataon, pa�tnership, or busaness entity or, in lieu the�eof, written proof that
such peNSOn as in fact an officer of the corporation; oN
f. If a group of contiguous pNOpeNry owners, all the owners of the prope�ty descNibed in the
petition must provide written consent.
Meeting Date: September 22, 2009
Petition: LDRA-09-07-000023
Page 3 of 13
Section 78-46(f�(2)s Owner's agreement.
Ownef^s' agreement.
(1) An agreement signed by all owners within the PCD or PUD which includes theiN
commitment to comply with the requirements listed below.
(a) PNOCeed with the p�oposed development in accordance with the requiNements of this
chapteN and with all conditions of appNOVaI adopted by the ciry council.
(b) Proceed with completion of the development consistent with the plans appNOVed by the
city council.
(c) Perpetual operating and maintenance of those aNeas, functions, and facilities that aNe
not to be provided, operated, or maintained by the city puNSUant to the development o��deN
app�oval or other w��itten agreement.
(d) Bind theiN successors in title to comply with all requirements of the development order
approval, all requirements of this chapteN, all provisions of the owner's agNeen�ent, oN all
provisions of other written agreements or commitments made as part of the oveNall
development order appNOVaI.
o�°
(2�
(a) If the PCD is part of an approved development of Negional impact (DRI), the
agreerycent signed by all owneNS of the DRI/PCD shall not be Nequired for any
modifications to the approved PCD, including any modification that adds property to the
PCD as long as the additional pNOperty is contained within the DRI, if sufficient
guaNantees for adequate operation and maintenance of common facilities in the
modification area are provided to the satisfaction of the gNOwth management director.
(b) An application foN a compNehensive plan amendment or rezoning Nequest within a
DRI/PCD must include a designation of authoNized agent form signed on behalf of the
affected propeNty owne�s association of the DRI/PCD that indicates consent to the
p�oposed changes and autho�izes the applicant's agent to act on its behalf to accomplish
the project.
(c) Limited duration. Subsection 78-46(�(2)(s)(2)(b), above, shall be of limited duration
and will have no fuNther effect on oN afteN one year from date of adoption of this
amendment.
Previously, staff had been advised by the former City Attorney, the interpretation of these code
provisions require that 100% of all property owners within PCD's or PUD's are to provide his/her
written consent as part of any application for modification to the approved plans for a development
project. Staff's concern with this interpretation is that the ability of any applicant to secure 100%
consen� from within a large community is not realistic or feasible. A single individual has the power
to �revent the community as a whole from being able to implement community-wide improvements
or modifications which are desired by the majority of the residents. This code provision denies any
applicant due process for an application to amend a master site plan and/or development order.
Meeting Date: September 22, 2009
Petition: LDRA-09-07-000023
Page 4 of 13
Proposed Amendments to the Land Develonment Re�ulations
This City Code amendment provides for minor changes to various sections of Chapter 78, the Land
Development Regulations. The proposed amendment will revise and clarify the code sections
relating to the requirement of securing 100% consent from the property owners in a PUD/PCD for
any application submitted for Development Order approval.
Section 78 is amended in various sections to state the following: (Deletions are s�l�, new language
is underlined):
Sec. 78-46(e)(5). AutlioYity. A statement of the applicant's interest in the property and:
a. If joint and several ownership, a written consent to petition by all owners of reco�d, or
authoNization bv the master association in a or�n acceptable to the City Attornev;
b. If a contract puNChase, written consent of the selleN or owner;
c. If an authoNized agent, a copy of the agent's authoNized agreement oN wNitten consent of the
owner;
d. If a lessee, a copy of the lease agNeement and written consent of the owneN;
e. If a coNpo�°ation, paNtnership, or other business entiry, the name of the office� or person
responsible for the application and written proof that the representative has authority to
represent the corporation, partneNShip, or business entity or, in lieu thereof, written pNOOf that
such person is in fact an officer of the corporation; or
f. If a g�oup of contiguous pNOpeNty owneNS are requesting an individual ainendment only
af ectin tg heir specif c lots and not impactingproperty owned bv the masteN association, all
the owners of the property described in the petition must provide written consent.
*****
Sec. 78-80(a)(6). Authority. A statement of the applicant's interest in the property an�l:
a. If joint and several ownership, a written consent to petition by all owneNS of NecoNd, or
autho�°ization bv the masteN association in a foNm acceptable to the Citv Attorney;
b. If a contract purchase, written consent of the seller or owner;
c. If an authoNized agent, a copy of the agent's authorized agreement oN written consent of the
owneN;
d. If a lessee, a copy of the lease agreement and written consent of the owner;
e, If a cor.poratzov�, partnership, oN other business entity, the name of the officer or person
responsible for the application and written proof that the �epNesentative has authority to
represent the corpoNation, �artneNShip, or business entity or, in lieu thereof, written proof that
such peNSOn as in fact an officer of the corporation; or
f. If a group of contiguous property owners are requesting an individual amendment onlv
a,ffectin their specif c lots and not impactingpropertv owned bv the masteN association all
ihe owners of the property described in the petition must p�^ovide written consent.
Meeting Date: September 22, 2009
Petition: LDRA-09-07-000023
Page 5 of 13
*�*��
Sec. 78-448(a)(3). Autlzority. A statement of tlae applicant's interest in tlze property anrl:
a. If joint and several owneNShip, a wNitten consent to petition by all owners of recoNd, oN
authoNization bv the master association in a form acceptable to the Citv Attorney;
b. If a contract puNChase, wNitten consent of the seller or owner;
c. If an authorized agent, a copy of the agent's authorized agNeement oN written consent of the
owner;
d. If a lessee, a copy of the lease agreement and written consent of the owner;
e. If a corporation, partnership, or other business entiry, the name of the officer or pe�°son
responsible for the application and written proof that the representative has authoriry to
represent the corpoNation, partnership, or business entity oN, in lieu thereof, written proof that
such person is in fact an officeN of the corporation; or
f. If a group of contiguous pNOpeNty owners aNe �°equesting an individual amendment onlX
a f ecting theiN specific lots and not impactingpropertv owned bv the master association all
the owners of the property desc�ibed in the petition must provide written consent.
*****
Section 78-46 (�. Master development and site plans. In addition to the application requirements
listed above, the master development or site plans listed below shall be p�ovided.
**�**
Section 78-46(fi(2)s. Owners' agreemet�t.
(1) An agreement signed by all owneNS within the PCD or PUD oN w�°itten autho�ization in a
oNm acceptable to the Citv AttoNnev f�'om the master association which includes their
commitment to comply with the Nequirements listed below.
(a) Proceed with the proposed development in accordance with the requirements of this
chapter and with all conditions of approval adopted by the city council.
ON
�2�
(b) Proceed with completion of the development consistent with the plans appNOVed by the
city council.
(c) Perpetual operating and maintenance of those areas, functions, and facilities that are
not to be provided, operated, oN maintained by the ciry puNSUant to the development order
appNOVaI or otheN wNitten agreement.
(d) Bind their successors in title ta compdy with all requi�ements of the development order
a�p�roval, all requirements of this chapter°, all pNOVisions of the owner's agreement, or all
provasaons of othe� wratten agreements o�° commitments made as part of the oveNall
development order approval.
(a) If the PCD is �part of an approved development of regional impact (DRI), the
agreement signed by all owners of the DRI/PCD shall not be required for any
Meeting Date: September 22, 2009
Petition: LDRA-09-07-000023
Page 6 of 13
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* * * � *
Section 78-46 (�. Master development and site plans. In addition to the application Nequirements
listed above, the master development oN site plans listed below shall be pNOVided.
**�*�
Section 78-46(�(2)r. Unified control.
(1) Evidence of unified contNOl of the entire area within the PCD or PUD shall be required in a
foNm acceptable to the ciry attorney.
or
(2) (a) If the PCD is part of an approved development of regional iynpact (DRI), the unified
contNOl shall not be Nequired for any modifications to the app�^oved DRI/PCD,
including any modification that adds property to the PCD as long as the additional
pNOperty is contained within the DRI, if sufficient guarantees for adequate opeNation
and maintenance of common facilzties in the modification area are pNOVided to the
satisfaction of the gNOwth management director.
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Section 78-I55. PCD- Planned communiry development overlay district (PCD).
**�**
Meeting Date: September 22, 2009
Petition: LDRA-09-07-000023
Page 7 of 13
Section 78-I55(rc). Unified control.
(1) Evidence of unified control of the entire area within the PCD or PUD shall be required in a
fo�m acceptable to the city attorney.
o�°
(2) (a) If the PCD is part of an approved development of Negional impact (DRI), the unified
control shall not be required foN any modifications to the approved DRUPCD,
including any modification that adds pNOperty to the PCD as long as the additional
property is contained within the DRI, if sufficient gua�antees for adequate opeNation
and maintenance of common facilities in the modification area a�e p�ovided to the
satisfaction of the growth management director.
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Supnort Data and Analysis
Other County and Municipal Regulations
The following is a summary of the research staff has accumulated, to date, on the code requirement
of securing 100% consent from the property owners in a PUD/PCD for any application submitted for
Development Order approval. In addition, there is an analysis of supporting elements of the code
from a sampling of municipalities including Palm Beach Gardens, pertaining to the respective
interpretations of owner(s) consent/authorization when making applications. Please note that the
reference to Property Owner's Association (POA) is a generic reference and could apply to either a
POA or an Homeowner's Association (HOA) depending on the structure of the community, but
would generally be assumed to be the Master association responsible for the community as a whole,
as well as responsible for the conditions of approval in the adopted development order.
City of Palm Beach Gardens
The Lity of Palm Beach Gardens includes three pertinent definitions — applicant, owner and property
owner association — in Section 78-751 that are integral to seelcing and receiving owner consent or
authorization as part of making applications. The definitions are as follows:
Applicant means the owner of land oN his designated agent submitting an application pursuant to
these Negulations.
Meeting Date: September 22, 2009
Petition: LDRA-09-07-000023
Page 8 of 13
OwneN means any person, corporation, paNtne�ship, or other legal entity oN combination of two
or more of such having legal title to or a sufficient proprietary inteNest in land as evidenced by
deed of record. The term "owneN" may also include any agent acting on behalf of the owner
pursuant to valid authority pNOVided by the owne�.
Property owneNS' association means a nonprofit corporation under the laws ofFlorida, operated
undeN �ecorded land agNeements th�ough which each owner of a poNtion of a subdivision, be it a
lot, home, pNOpeNty, or any other interest, is automatically subject to a charge for a pNOrated
share of expenses, eitheN direct or indirect, for maintaining common propeNties within the
subdivision, such as roads, parks, recreational areas, common areas, or other similar
properties. Within the text oithese re�ulations, a propertv owners' association is considered a
sin le-entitv oN �ropertv ownership. (Emphasis added.)
City of Boca Raton
The City of Boca Raton includes an applicant definition in Section 28-1687 as follows:
"Applicant" shall mean any natural person, firm, association, syndicate, co paNtnership,
co�poration, tNUSt or any other legal entity commencing proceedings under this a�ticle to effect
the planned unit development of land.
The City of Boca Raton contains a specific ownership and applicant qualification regulation in
Section 28-1708(1) pertaining to its planned development (PD) general development parameters as
follows:
A PD application may be filed in the names of the owners of reco��d of the property included
within the PD. HoweveN, the application may be filed by an applicant with an equitable inteNest
in the pNOperry, or by an attorney or agentfoN the owners, pNOVided the owners ofNecordjoin in
and executes the application.
According to the City of Boca Raton Development Services department staff, the City interprets the
above Code regulation to mean that a property owners' association (POA) or its agent could make an
application. The POA would, among its application materials, submit a letter providing its consent
to the purpose of the application, such as a beautification project. Any of the POA officers listed in
the State's Division of Corporations record could sign the application. Or, the POA may assign its
authorazation to an agent to sign on behalf of the POA. Such authorization would also be made in a
letter from the POA and included in the application package. City Staff also requires the property
ownership information record from the County Property Appraiser be included among the
application materials which lists the POA as the owner of record of the subject property. Boca Raton
Citv staff does not rectuire all property owners within the development or communit� rovide
consent t� make the application.
Meeting Date: September 22, 2009
Petition: LDRA-09-07-000023
Page 9 of 13
City of West Palm Beach
The City of West Palm Beach does not contain definitions for applicant, owner or property owner
association.
The City of West Palm Beach does contain a specific disclosure of ownership regulation in Section
94-41(4)(d) among its procedures for submitting and processing applications as follows:
All applications shall include a verified statement showing each person having a legal,
equitable, or beneficial ownership interest in thepNOpe�tyfor which the application is submitted.
However, corporations shall p�ovide only the names and addresses of the coNporation and
principal executive officers.
City of West Palm Beach Planning & Zoning staff stated that the City interprets the above Code
regulation to mean that an agent may submit an application on behalf of a POA, using its Owner
Consent Form found in its development application, and must include the POA's meeting minutes
authorizing the submittal. The application would also need to include documentation that the one
who signs the application is authorized to sign on behalf of the POA. The City accepts a resolution
from the POA or the POA's record filed with the State's Division of Corporations listing POA
members as documentation authorizing the signing of the application. City Staff does not require all
property owners within the development or communit�provide consent to make the application.
Town of Jupiter
The Town of Jupiter includes the following five definitions - authorized agent, owner of record,
proof of property ownership, property owners association and statement of authority in Section 27-1:
Authorized agent shall mean an attorney, executoN, trustee oN other repNesentative of the owneN
of record which has provided the Department of Community Development with notarized wNitten
authoNization to represent the owneN of record in all pr�oceedings before the Town regaNding an
application.
Owner of record shall mean a person who, or entiry which, alone, jointly or severally with
others, or in a representative capaciry (including, without limitation, an authorized agent,
attorne,y, executor, personal representative or trustee) has legal oN equitable title to any real
pr�operty in question, as represented by the latest of�cial tax rolls of Palm Beach County, oN a
tenant, if the tenant is responsible, under a lease agreement, for the maintenance of the property.
P�oof of property ownership shall mean a complete copy of the last NecoNded waNranry deed or
oiher legal binding document which includes the signatures of all of the owners of the subject
���,peNtya
Meeting Date: September 22, 2009
Petition: LDRA-09-07-000023
Page 10 of 13
Property owneNS association (POA) shall mean the organization of owners of lots and buildings
with the responsibility to safeguard the rights of tenants, owners, etc., thNOUgh the
implementation of covenants and restrictions, including, but not limited to: maintenance
responsibilities of all common aNeas, standards for building location, const�uction, etc.
Statement of authorit,y shall mean:
(1) A statement of the applicant's interest in the propeNry, including a copy of the last
recorded deed for the property; and
(2) If joint and several ownership, a wNitten consent by all owners of record authorizing
the application; or
(3) If a cont�act pu�chase, written consent of the seller or owner authorizing the
application; or
(4) If an authorized agent, a copy of the agency agreement or wNitten consent of the
principal owne�; or
(S) If a lessee, a copy of the lease agreement and wNitten consent of the owner
autho�izing the application; or
(6) If a corporation or othe� 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 coNporation oN other business entity, or in lieu theNeof, written pNOOf that
the applicant is in fact an officeN of the corpor�ation; or
(7) If a group of contiguous pNOperty owners, all the owners of the property described in
an application must provide wNitten consent.
The Town of Jupiter lists a Statement of Authority among its PUD application requirements in
Section 27-937.
Town of Jupiter Planning and Zoning staff stated that the Town interprets its Code and the above
definition to mean that the POA, as the owner of the common property, may make an application on
its own behalf or designate an agent. An application would need to include the warranty deed or
other backup documentation, such as the plat book, listing the POA as the property owner. Town
staff stated that it does not require all the residents livin� within the PUD to provide written consent
to an a�plication.
Palm Beach County
Palm Beach County includes three pertinent definitions — applicant, association, property owners and
owner — within Artic�e 1.I.2 of its Unified Land I�evelo�ment Code:
Applicant -
a. The owner of recoNd, the agent pursuant to an agent's agreement acceptable to the
County Attorney or the moNtgagoN in the cas� of bankNUptcy.
Meeting Date: September 22, 2009
Petition: LDRA-09-07-000023
Page 11 of 13
b. For the puNposes ofANt. 12, person seeking a Site Specific Development OrdeN. In
the unincorporated a�ea, it consists of those Development ONders for which a
Concurrency Certificate or Concurrency Exemption Determination is required.
Association, MasteN Properry Owners' - a property owners' association (POA) of which
membership is mandatory with the ownership ofproperry subject to the master POA and which
has the authority to �epNesent the members and bind the members by such representation.
Association, PropeNty OwneNS' - an organization recognized under the laws of the State ofFlorida,
operated undeN recorded maintenance and owneNShip agreements through which each owne� of a
po�^tion of a subdivision, be it a lot, home, propeNty oN any other interest, is automatically a voting
membeN, and each such member is automatically subject to a charge foN a prorated shaNe of
expenses, either direct or indiNect, for maintaining common properties within the subdivision, such
as roads, parks, Necreational aNeas, common areas and other similar properties. Within the text of
this Code, a POA is consideNed to be a single entitX,for propeNtv ownership As used in this Code,
the term 'pNOpe�ty owners association"shall also be deemed to include a homeowners'association
(HOA), condominium association or cooperative (apartment) association, as defined in F.S.
Chapter 711, as amended, having a life tenure of not less than 20 years, as well as a third party
having an agreement with a condominium or cooperative association as permitted by F. S. Chapter
711, as amended. (Emphasis added.)
OwneN - the owneN of the freehold estates, as appears by deed of record. It shall not include
lessees, �eversioneNS, remainde�man, or mortgagees.
Palm Beach County includes Form #03 Consent Form among its required application materials.
Property owner(s)/contract purchaser(s) authorize an agent to make the application. In the case of a
POA who is the property owner, the County accepts an executed Consent Form signed by a POA
officer. The above "association, property owners"' definition identifies a POA as a single entity for
purposes of property ownership. The required warranty deed for the subject property would indicate
the POA as the property owner, consistent with the above "owner" definition. County Staff requires
the property ownership information record from the County Property Appraiser be included among
the application materials which lists the POA as the owner of record of the subject property.
The County's Code of Ordinances Article III pertaining to road abandonments and plat vacation
includes the following two pertinent definitions:
Owne�°s association means any association or corporation c�^eated unde� the laws of the state,
the membeNShip of which is compNised of all owners of real property over which the owneNs
association has jurasdictaon by vaNtue of a declaration of covenants and restrictions, declaralion
o,f condominium, or similar anstrument. The term shall anclude the terms "homeowneNs
assocaation, ""condominium assoctation, ""cooperative associataon, °' and 'propeNty owners
association. "
PetitioneN means the person, governmental entity or business entity submitting a petition foN
abandonment pursuant to this chapter. The term 'petitioner"shall include "co petitioner"wheNe
Meeting Date: September 22, 2009
Petition: LDRA-09-07-000023
Page 12 of 13
app�^opNiate.
These definitions are further defined in the Article 1.I.2 of the County's Unified Land Development
Code. The Countv allows a POA to make an application throu�h execution of its Consent Form and
with the pertinent back-up documentation showin� the POA as the owner of record of the subj ect site
or �eneral open space areas.
The following municipalities also allow the POA to consent for amendments to planned
developments:
• Greenacres
• Haverhill
• Juno Beach
• Lake Worth
• Lantana
• Mangonia Park
• Palm Springs
• Riviera Beach
• Manalapan
After researching existing code of similar municipalities that have provisions for planned
development and evaluating existing language of the City's Code, City staff determined that a
clarification of the language can be achieved by revising the Code. An amendment would be
consistent with practices of other government entities.
Unified Control Required
In accordance with the PBG Code Sections 78-46(fi(2)(r)U�zified control, 78-46(fi(2)(s)Owners'
agreement, and 78-I55(n) Unified control, the City currently requires that all planned communities
develop under a unified plan of development and as such requires that a POA or other entity be
created to enforce the uniiied development and perpetual maintenance of the community.
Development applications are required to document unified control of the entire PCD/PUD, and
commit to developing the community in accordance with the approved plan of development. During
the initial approval and construction stages of a community, the ability of the master developer to
control the POA and make those commitments have been and continue to be appropriate and easily
accom�lished. With the transition of control of the POA from the master developer to the residents,
staff believes that the transition of authority to represent the community should also remain with the
P��. POA's, as a general rule, have guidelines which outline the appropriate procedures to secure
approval from the community for changes that are presented to them by the POA Board. POAs also
bear the responsibility of fulfilling the approved development order conditions.
It is staff's position that the code provision that requires communities to be controlled by a POA also
supports the position that the POA should also be authorized to represent the community.
Meeting Date: September 22, 2009
Petition: LDRA-09-07-000023
Page 13 of 13
STAFF RECOMMENDATION
After researching existing code of similar municipalities that have provisions for planned
development and evaluating existing language of the City's Code, City staff determined that a
clarification of the language can be achieved by revising the Code. An amendment would be
consistent with practices of other government entities. It is staff position that the code provision that
requires communities to be controlled by a POA also supports the position that the POA should also
be authorized to represent the community. Since POAs are the representative body charged with
fulfilling the responsibilities of the master plan and development order, they should be provided the
opportunity to process amendments. As the City's Code is currently interpreted, a majority of
homeowners would be denied the due process of an amendment by one member or homeowner
within a community.
Staff recommends approval of Ordinance 31, 2009.
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.
ORDINANCE 31, 2009
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING CHAPTER 78, LAND
DEVELOPMENT AT SECTION 78-46(E)(5), SECTION 78-80(A)(6)
AND SECTION 78-448(A)(3) ENTITLED "AUTHORITY"; AMENDING
SECTIOIV 78-46 (F)(2)(S) ENTITLED "OWNER'S AGREEMENT" IN
ORDER TO PROVIDE FOR MASTER ASSOCIATION AUTHORITY
10 TO AMEND PLANNED DEVELOPMENT APPROVALS; AND
11 AMENDING SECTION 78-46 (F)(2) R, AND SECTION 78-155 (N)
12 ENTITLED "UNIFIED CONTROL" IN ORDER TO REPEAL
13 PROVISIONS IN THE CODE THAT ARE NO LONGER
14 APP�ICABLE; PROVIDING THAT EACH AND EVERY OTHER
15 SECTION AND SUB-SECTION OF CHAPTER 78, LAND
16 DEVELOPMENT SHALL REMAIN THE SAME AS PREVIOUSLY
17 ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
18 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN
19 EFFECTIVE DATE; AND FOR OTHER PURPOSES.
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22 WHEREAS, the City Council of the City of Palm Beach Gardens has determined
23 that a need exists to revise and clarify the requirements for owner's consent to amend a
24 planned development under certain circumstances; and
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26 WHEREAS, the revised procedure provides for a master association to have the
27 authority to amend a planned development on behalf of the individual owner's; and
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29 WHEREAS, this Land Development Regulations amendment was reviewed by
30 the Planning, Zoning, and Appeals Board at a duly noticed public hearing on
31 September 22, 2009, and the Board recommended approval/denial by a vote of _to _;
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WHEREAS, the City Council deems approval of this Ordinance to be in the best
interests of the health, safety, and welfare or the residents and citizens of the City of
Palm Beach Gardens and the public at large.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. Chapter 78, Land Development of the Code of Ordinances of the City of
Palm Beach Gardens, Florida is hereby amended at Section 78-46(e)(5), Section 78-
80(a)(6) and Section 78-448(a)(3), entitled "Authority", amending Section 78-46 (f)(2)(s)
entitled "owner`s agreement99y �roviding that this section shall hereafter read as follows:
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Sec. 78-46(e)(5).
and:
Ordinance 31, 2009
Authority. A statement of the applicant's interest in the property
a. If joint and several ownership, a written consent to petition by all owners of
record, or authorization bv the master association in a form acceptable to the City
Attornev;
b. If a contract purchase, written consent of the seller or owner;
c. If an authorized agent, a copy of the agent's authorized agreement or written
consent of the owner;
d. If a lessee, a copy of the lease agreement and written consent of the owner;
e. If a corporation, partnership, or other business entity, the name of the officer or
person responsible for the application and written proof that the representative
has authority to represent the corporation, partnership, or business entity or, in
lieu thereof, written proof that such person is in fact an officer of the corporation;
or
f. If a group of contiguous property owners are requestinq an individual
amendment only affectinq their specific lots and not impacting property owned by
the master association, all the owners of the property described in the petition
must provide written consent.
Sec. 78-80(a)(6)
and:
�***�
Authority. A statement of the applicant's interest in the property
a. If joint and several ownership, a written consent to petition by all owners of
record, or authorization by the master association in a form acceptable to the City
Attornev;
b. If a contract purchase, written consent of the seller or owner;
c. If an authorized agent, a copy of the agent's authorized agreement or written
consent of the owner;
d. If a lessee, a copy of the lease agreement and written consent of the owner;
e. If a corporation, partnership, or other business entity, the name of the officer or
person responsible for the application and written proof that the representative
has authority to represent the corporation, partnership, or business entity or, in
lieu thereof, written proof that such person is in fact an officer of the corporation;
or
f. If a group of contiguous property owners are requestinq an individual
amendment onlv affectinq their specific lots and not impactinq property owned by
the master association, all the owners of the property described in the petition
must provide written consent.
*�***
�a
Ordinance 31, 2009
1 Sec. 78-448(a)(3). Authority. A statement of the applicant's interest in the property
2 and:
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4 a. If joint and several ownership, a written consent to petition by all owners of
5 record, or authorization by the master association in a form acceptable to the City
6 Attorney;
7 b. If a contract purchase, written consent of the seller or owner;
E:3
c. If an authorized agent, a copy of the agent's authorized agreement or written
9 consent of the owner;
10 d. If a lessee, a copy of the lease agreement and written
11 e. If a corporation, partnership, or other business entity,
12 person responsible for the application and written pro
13 has authority to represent the corporation, partnership
14 lieu thereof, written proof that such person is in fact an
consent of the owner;
the name of the officer or
>f that the representative
or business entity or, in
officer of the corporation;
15 or
16 f. If a group of contiguous property owners are requesting an individual
17 amendment only affectinq their specific lots and not impactinq property owned by
18 the master association, all the owners of the property described in the petition
19 must provide written consent.
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SECTION 2. Chapter 78, Land Development of the Code of Ordinances of the
City of Palm Beach Gardens, Florida is hereby amended at Section 78-46 (�(2)s
entitled "owner's agreement", providing that this section shall hereafter read as follows:
Section 78-46 (�. Master development and site plans. In addition to the application
requirements listed above, the master development or site plans listed below shall be
provided.
**�**
Section 78-46(f)(2)s. Owners' agreement.
(1) An agreement signed by all owners within the PCD or PUD or written authorization
in a form acceptable to the City Attorney from the master association which
includes their commitment to comply with the requirements listed below.
(a) Proceed with the proposed development in accordance with the requirements
of this chapter and with all conditions of approval adopted by the city council.
(b) Proceed with completion of the development consistent with the plans
approved by the city council.
(c) Perpetual operating and maintenance of those areas, functions, and facilities
that are not to be provided, operated, or maintained by the city pursuant to the
development order approval or other written agreement.
(d) Bind their successors in title to comply with all requirements of the
development order approval, all requirements of this chapter, all provisions of the
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Ordinance 31, 2009
owner's agreement, or all provisions of other written agreements or commitments
made as part of the overall development order approval.
5 (a) If the PCD is part of an approved development of regional impact (DRI), the
6 agreement signed by all owners of the DRI/PCD shall not be required for any
7 modifications to the approved PCD, including any modification that adds property
8 to the PCD as long as the additional property is contained within the DRI, if
9 sufficient guarantees for adequate operation and maintenance of common facilities
10 in the modification area are provided to the satisfaction of the growth management
11 director.
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• �'� � �u� � •� � � �
u '� � �� � �• � I' � �� � �' � •• ��
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� � � � �
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,��*�*
SECTION 3. Chapter 78, Land Development of the Code of Ordinances of the
City of Palm Beach Gardens, Florida is hereby amended by repealing portions of
Section 78-46(�(2)r, and 78-155(n), entitled "Unified controP' that are no longer
applicable, providing that this section shall hereafter read as follows:
Section 78-46 (�. Master development and site plans. In addition to the application
requirements listed above, the master development or site plans listed below shall be
provided.
*****
Section 78-46(f)(2)r. Unified control.
(1) Evidence of unified control of the entire area within the PCD or PUD shall be
required in a form acceptable to the city attorney.
or
(2) (a) If the PCD is part of an approved development of regional impact (DRI), the
unified control shall not be required for any modifications to the approved
DRI/PCD, including any modification that adds property to the PCD as long as
the additionaf property is contained within the DRI, if sufficient guarantees for
ade�uate operation and maintenance of common facilities in the modification
area are provided to the satisfaction of the growth management director.
0
Ordinance 31, 2009
.. ._. . ._ ._ _. � .._. � . ._ . . .. . ._ �• • ■ .
•- -• -- - •- - --- -- • --- -- •- -- -- -
- -- -- - - --- - - - - - - -- - " --- --
--• - -- --- - -••- • -- - -
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. .. .. • .. ." '• � .• . ..� ..• . .
� a � � � � � � � u � � � u � •
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Section 78-155. PCD- Planned community development overlay district (PCD).
**���
Section 78-155(n). Unified control.
(1) Evidence of unified control of the entire area within the PCD or PUD shall be
required in a form acceptable to the city attorney.
or
r � � , � � � � � � � � � � � � ' � � � � � � � � � , �
-. . . . . •- -• -. . . .. . • . - .•. . -•
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. -. . - . . .-. . - . . . . - . . . ..- - • .
. �. .. .. . .... _._. - - - ••----•-• - - -- -- -- -
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.. -: : -• - - -- � . . .. _ . :_ . .. --
. .. .- • - -- --- -•- -- - e-- - -•- - -
--. ... . .._...._.
*****
SECTION 4. All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
SECTION 5. Should any section or provision of this Ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction
fo be invalid, such decision shall not affect the validity of the remainder of this Ordinance.
SEC1'ION 6e Specific authority is hereb�r given to codify this Ordinance
SECTION 7. This Ordinance shall become effective immediately upon adoption.
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PASSED this day of
PASSED AND ADOPTED this
and final reading.
CITY OF PALM BEACH GARDENS
BY:
Joseph R. Russo, Mayor
David Levy, Vice Mayor
Eric Jablin, Councilmember
Jody Barnett, Councilmember
Robert G. Premuroso, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, Interim City Attorney
�
day of
FOR
Ordinance 31, 2009
, 2009, upon first reading.
2009, upon second
AGAINST ABSENT
�.� t J--+ "�L�� . e v, i�� R�Y .��, �� . , N h y i_r- 1 L 1�. • '
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Cit of Pal m Beach Gardens
y
Frenchman's Reserve
Lake Maintenance Easement Reduction
PCD Amendment Re uest
a
Petition: PCDA-09-08-000006
Planning, Zoning & Appeals Board
September 22, 2009
■
u ec e ues
• Approval of a PCD amend ment to red uce
the lake maintenance easement from 20' to
15' ad jacent to the south property I i nes of
lots 20, 21, 22, and a portion of 23 of Pod G,
for a lake located i n the French man's
Reserve golf course
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a na s�s
• Will not limit access for maintenance
• Does not allow permanent structures
• Does not impact surrounding community
• Frenchman's Reserve has more than
required amount of open space
• City Code allows City Council to reduce
LM E's per Sect. 78-563(b)
• City has granted previous LME adjustments
■
re uc �ons
• In 2004, a waiver reducing the LME from 20' to 13' was
granted for the Congress Plaza East (Target) PUD (Reso.
135, 2004);
• In 2005, the Pointe PUD was granted a waiver to reduce a
LM E from 20' to 12' (Reso. 175, 2005); and
• In 2004, administrative approval was granted to the Donald
Ross Village PUD to adjust its approved lake area, which
allowed its LME to be located on the adjacent property.
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Staff Recommendation
•�i
• Staff recommends approval of the PCD
amendment to reduce the lake maintenance
easement from 20' to 15' adjacent to the south
property lines of lots 20, 21, 22, and a portion of
23 of Pod G, for a lake located in the
Frenchman's Reserve golf course.
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Planning, Zoning, & Appeals Board
September 22, 2009
Ordinance 31, 2009
Public Hearing & Recommendation to
City Council
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• Planned Development — PU Ds/PCDs
• U n ified Control Req u i red
— D.O. obligations and commitments
• Owner's Consent — current interpretation
• Other municipal requirements
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County Owner Consent
Palm Beach County Yes
Municipality
Palm Beach Gardens Yes
Town of Jupiter Yes
Boca Raton Yes
West Palm Beach Yes
Wellington Yes
Palm Beach Yes
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Yes
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• Greenacres
• H ave rh i I I
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• Lake Worth
• Lantana
• Mangonia Park
• Palm Springs
• Riviera Beach
• Manalapan
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Sec. 78-46(e)(5), Sec. 78-80(a)(6) Sec. 78-448(a)(3), .
applicant's interest in the property and:
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Authority. A statement of the
a. If joint and several ownership, a written consent to petition by all owners of record, or
authorization by the master association in a form acceptable to the City Attorney;
b. If a contract purchase, written consent of the seller or owner;
c. If an authorized agent, a copy of the agent's authorized agreement or written consent
of the owner;
d. If a lessee, a copy of the lease agreement and written consent of the owner;
e. If a corporation, partnership, or other business entity, the name of the officer or person
responsible for the application and written proof that the representative has authority
to represent the corporation, partnership, or business entity or, in lieu thereof, written
proof that such person is in fact an officer of the corporation; or
f. If a group of contiguous property owners are requestinq an individual amendment only
affectinq their specific lots and not impactinq property owned by the master
association, all the owners of the property described in the petition must provide
written consent.
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Owners' agreement.
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(1) An agreement signed by all owners within the PCD or PUD or written
authorization in a form acceptable to the City Attorney from the master
association which includes their commitment to comply with the
requirements listed below.
(a) Proceed with the proposed development in accordance with the
requirements of this chapter and with all conditions of approval adopted by
the city council.
(b) Proceed with completion of the development consistent with the plans
approved by the city council.
(c) Perpetual operating and maintenance of those areas, functions, and
facilities that are not to be provided, operated, or maintained by the city
pursuant to the development order approval or other written agreement.
(d) Bind their successors in title to comply with all requirements of the
development order approval, all requirements of this chapter, all provisions
of the owner's agreement, or all provisions of other written agreements or
commitments made as part of the overall development order approval.
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Section 78-46(f)(2)s. Owners' agreement.
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Section 78-46 (f). Master development and site plans. In addition to the application requirements
listed above, the master development or site plans listed below shall be provided.
*****
Section 78-46(f)(2)r. Unified control.
(1) Evidence of unified control of the entire area within the PCD or PUD shall be required in a form
acceptable to the city attorney.
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(2) (a) If the PCD is part of an approved development of regional impact (DRI), the unified control
shall not be required for any modifications to the approved DRI/PCD, including any modification
that adds property to the PCD as long as the additional property is contained within the DRI, if
sufficient guarantees for adequate operation and maintenance of common facilities in the
modification area are provided to the satisfaction of the growth management director.
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Section 78-155. PCD- Planned community development overlay district (PCD).
****
Section 78-155(n). Unified control.
(1) Evidence of unified control of the entire area within the PCD or PUD shall be required in a
form acceptable to the city attorney.
or
(2) (a) If the PCD is part of an approved development of regional impact (DRI), the unified
control shall not be required for any modifications to the approved DRI/PCD, including any
modification that adds property to the PCD as long as the additional property is contained
within the DRI, if sufficient guarantees for adequate operation and maintenance of common
facilities in the modification area are provided to the satisfaction of the growth management
director.
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• Staff recommends approval of Ordinance 31, 2009.
Please Print
Name: �,�
'CQMM�NTS �R(]M THE PUSL�C
Request to Address City �Cour�eil
I'J r'�1 v��.�� P � � `��� ��be �. ; f/l�vn1�'I�1�LY1 �&�'�cQ)
Address: � E � � � ��'`�� � � '
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Members of the put�iic may address the City Council cluring the "Gomments b�r the Public"
partion of the agenda and during "Public Nearings". This Request to Address the City
Council must be delivered to the �Gity Clerk prior to the camrnencement of the meetir�g,
The time limit fo�- e�ch speaker is limited to three {3} minutes.