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Home My WebLink AboutAgenda P&Z 111009AGENDA CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS BOARD TUESDAY, NOVEMBER 10, 2009 AT 6:00 P.M. COUNCIL CHAMBERS • CALL TO ORDER • PLEDGE OF ALLEGIANCE • ROLL CALL • ADDITIONS, DELETIONS, MODIFICATIONS • OFFICER APPOINTMENT o Appointment of Chair o Appointment of Vice Chair • REPORT BY THE GROWTH MANAGEMENT ADMINISTRATOR: KARA IRWIN • APPROVAL OF MINUTES: 09/22/2009 and 10/13/2009 PLANNING, ZONING AND APPEALS BOARD Re�ular Members: Craig Kunkle Barry Present Randolph Hansen Michael Panczak Joy Hecht Amir Kanel Joanne Koerner Alternates: Vacant (1 st Alt.) Roma Josephs (2"d Alt.) 1. Recommendation to City Council (Public Hearing) LDRA-09-07-000025: Code Amendments to Environmental Lands Mitigation and Dumpsters/Recycling. City initiated amendment to the City's Land Development Regulations to clarify various Natural Resources and Environmentally Significant Lands code requirements, and amend current environmental 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 �o the green initiatives. Project Manager: Mark Hendrickson mhendrickson(c�pbgfl.com (799-4259) Planning, Zoning and Appeals Board November 10, 2009 2. Recommendation to City Council (Public Hearing) LDRA-09-07-000024: Code Amendment for text changes for Banners City-initiated amendment to the City's Land Development Regulations to establish regulations for the display of pole-mounted banners, provide general revisions to the sign code and for internal consistency. Project Manager: Allyson Black, Resource Manager ablack(c�ob�fl.com (799-4199) 3. Recommendation to City Council (Public Hearing) LDRA-09-OS-000022: Code Amendment for revisions to the Plat Code City-initiated amendment to City's Land Development Regulations to: (1) clarify the application review process for subdivisions and plats; (2) amend all sections relating to subdivisions and plats in order to provide internal consistency; and (3) create a new review process for the submission of a preliminary plat. Project Manager: Richard Marrero, Senior Planner rmarrero(cdpb�fl.com (799-4219) 4. Recommendation to City Council (Public Hearing) LDRA-09-10-000026: Code Amendment for Art Maintenance City-initiated amendment the City's Land Development Regulations to revise and clarify the selection process for artwork purchased using art impact funds and to establish regulations to allow the use of such funds for the maintenance and preservation of publicly-owned art. Project Manager: Allyson Black, Resource Manager ablack(cr��bgtl.com (799-4199) 5. OLD BUSINESS 6. NEW BUSINESS 7. ADJOURNMENT !n accordance with the Americans with Disabilities Act and Florida Statute 286.26, persons wrth disabilities needing special accommodations to participate in this proceeding should contact the Ciry C[erk's Offtce, no later than five days pr�ior to the pr•oceeding, at te[ephone number (561) 799-4120 for assastance; if hearing im�paired, telephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800) 955-8770 (VOICE), for assistance. If a person decides to appeal ar�y decision made by the Planning, Zoning and Appeals Board, Local Planning Agency, or Land Development Regulations Commzssion, with respect to any matter consictered at such meeting or hearing, they will need a record of the proceedangs; and for such, they may need to ensure that a verbcatzm record of the proceedings zs made, wh�ich record includes the testimony and evidence uporz which the appeal is to be based. Exact legal description and/or survey for the cases may be obtainecl from the, files in the Gr•owth Management Department. Common/pz agenda 11.10.2009doc 2 t 2 3 4 5 6 7 8 9 10 11 12 l3 14 IS 16 17 CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING SEPTEMBER 22, 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 P�n�ell, Ran Hecht (arrived at 6:34 p.m.), Michael Panczak, Amir Kanel, Barry�Px�sent. Members Absent: None Also Present: City Attorney R Max Lohinan, Growth Management A,dinini Plamling Manager Natalie Wong, Plaimer Martin Sclmeidex. IV. ADDITIONS, DELETIONS AND MODIFICATIONS None. V. REPORT BY KARA IRWIN, G 18 Growth Management Administrator Kara Irwin reporte� 19 VL APPROVAL OF MINUTES 2o Michael Panczak made a motion to approue tlle August 11, 21 Dou�las Pennell seconded. 22 Motion passed, 7-0. 23 Michael Panczak made a motion to approve the August 2S; 24 Douglas Pennell seconded. - ` 25 Motion passed, 7-0. 26 VIL PUBLIC HE�RTNGS � . 27 l. Recommendation to 'City C 28 (Public Hearing) 29 LDRA-09-07-0(�(i�23: C'itv�� ` 30 Amendm� 31 revise anc 32 associatio: 33 Presented' 34 Chair Ku clarify the o apply for tes. consent lph Hansen, Joy for Kara Irwin, TOR ty initiated Land Development Regulation (LDR) Text Amendment to ,�'s Land Development Regulations in order allow a property owners endinents to,planned development approvals. na�ement Administrator Kara Irwin. the pul�lic hearing. 35 Chair Kunkle closed the public hearing. 36 Douglas Pennell macle a m��ion for approval. 37 Michael Panczak secollded. 38 Motion passed, 7-0. 39 2. Recommendation to City Council 40 (Public Hearing) 41 LDRA-09-07-000025: Code Amendments to Environmental Lands Miti ation and 42 Dumps�ers/Recycling. This is a City initiated Land Development Regulation (LDR) text 43 amendment. The proposed amendment helps clarify certain code requirements, and change or 44 delete current code language to be consistent with the existing Conservation Element of the 45 City's Comprehensive Plan. City staff is also taking the opportunity to amend the PLANNING, ZONING AND APPEALS BOARD REGUTAR MEETING Page 1 09•22° 09 t Dumpster/Recycling codes Uased on the requirement in the Comprehensive Plan related to the 2 green initiatives. 3 Chair Kunkle opened the public hearing. 4 Barry Present inade a motion for postponement to date certain November 10, 2009. 5 Michael Panczak seconded. 6 7 8 9 Motion passed, 7-0. 3. Recommendation to City Council Ex Parte Communication (Public Hearing) Frenchman's Reserve 10 maintenance easement. A request from Ronald Blum, Senior 11 Reserve Country Club, Inc., to approve an ainendment to the P1�a �2 (PCD), located directly east of the intersection of Aliernate A1A 13 amendment would allow the reduction of the lake inainter�ance ea 14 15 16 17 ]8 19 � Frenchman's Community Development �ood Road. The proposed nt fiQm 20' to 15' adjacent to the south property lines of lots 20, 21, 22, and a poztioil of 2'3 of Pod G; fox a lake located in the Frenchman's Reserve golf course. Presented Uy: Jennifer Ti�he, Land Design South; Growth M'an Irwin; Planning Mana�er Natalie Won�, City Attoruey R. Ma: Chair Kunkle opened the public hearing. Comments from the nublic: Steven Wunderlich, 317 Char�oux D 20 Chair Kunkle closed the public hearing'. 21 Barry Present made a motion for appro� 22 Michael Panezak seconded. 23 Motion passed, 7-0. 24 VIII. OLD BUSINESS 25 Presented Uy: Growth M 26 IX. NEW BUSINES� 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Presented by: Won�• ent Administrator Kara ve, Palm Beach Gardens. Planning Manager Natalie of tl2is page intentionally left blank.) PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING 09•22• 09 Page 2 1 2 3 4 s 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 2l 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 �5 46 47 48 49 50 X. ADJOURNMENT Chair Crai� Kunkle adjourned the meeting at 7:22 p.m. The next regular meeting will be held October 13, 2009. APPROVED: ATT Craig Kunkle, Chair Doima M. Camion Mu�icipal Services Coordii�ator Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. All referenced attachments are on file in the Office of the City Clerk. Note: All those preparing to give testimony were sworn in. PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING 09•22• 09 Page 3 I 2 3 4 5 6 7 8 9 l0 11 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 :�s CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING OCTOBER 13, 2009 The regular meeting was called to order at 6:30 p.m. by Vice Chair pou�las Pennell. L CAL�, TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL Members Present: Vice Chair pouglas Peimell, Randolph Hansen, Mrchael Panczak, Amir Kanel, Barry Present, Donald Krzan (First Alternate sitting fpr "C�i�ir Craig Kunkle), Joanne Koerner (Second Alternate sitting for Joy Hecht). Members Absent: Chair Craig Kunkle, Joy Hecht. ,, Also Present: City Attorney R. Max Lohman, Plamling Maliagei Natalie Wb��g, Planner Richard Marrero. IV. ADDITIONS, DELETIONS AND MODIFICATIONS None. V. REPORT BY KARA IRWIN, GROWTH MANAGEMENT ADMINISTRATOR Planning Mana�er Natalie Wong reported. VI. APPROVAL OF MINUTES Michael Panezak made a motion to approve�the �eptember 8, 20(19,.in�r�utes. Randolph Hansen seconded. Motion passed, 7-0. VII. PUBLIC HEARINGS -. 1. Recommendation to City Council Ex Parte Communi�ation (Public Hearing) A request by Jennifer M. amendment to the dev mo associ�ted with extendi�n� Hood Road west of the const�uction;� ,�nd (3) mi: located on the,iiorthwest c Presented item: ;Tennifer ' nan's Crossin� Planned Unit Develoument (PUD) on;behalf of Live Oak Land Hood Road, LLC, for approval of an i�t order for~ Erenchman's Crossing PUD for the following on #7 and #8 of Resolution 15, 2009, to remove all requirements engih�_of the westbound left-turn lane at the median opening on an opeiling for the project; (2) amend the language vertical ianges �"to the site and landscape plails for the ten-acre parcel of Hood Road and Alternate AlA. , Land Design South; Plannin� Mana�er Natalie Wong; Senior Vice Chair Pennell opened the public hearing. Vice Chair Pennell closed the public hearing. Barry Present made a motion for approval as presented. Michael Panczak seconded. Nlotion passed, 7-0. 2. Recommendation to City Council Ex Parte Communication (Public Hearing) PDRI-09-02-000002: Bri�er Tract — Development of Regional Impact (DRI) Approval A request Uy Mr. Ken Tuma, of UrUan Design Kilday Studios, on behalf of the property owners, The Lester Family Investments, L.P., et al, and Palm Beach County, for approval of a DRI for PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 1 10°13• 09 1 2 3 4 5 6 7 . . �, Il l2 13 14 15 16 17 ]8 19 20 21 22 23 24 25 26 27 2g 29 30 31 32 33 34 35 36 37 38 39 40 4l 42 43 44 45 46 the Briger Tract. The proposed PCD/DRI will consist of 1.6 million square feet of biotech research space for Phase II of The Scripps Research Institute's (TSRI) Florida campus, 2.2 million square feet of biomedical/biotech, phannaceutical and related ancillary uses, a 300 room hotel, 500,000 square feet of commercial development, and 2,700 dwelling units. The subject site is approximately 681 acres and is located south of Donald Ross Road, north of Hood Road and east and west of Interstate 95. Presented items 2, 3 and 4: Ken Tuma, UrUan Design Kilday Studios; Plannin� Mana�er Natalie Won�. Vice Chair Pennell opened the public hearing. �� Comments from the Public: Wendy Harrison; Town of Jupiter; Thomas Driscoll, Town of Jupiter; Gre�ory Kulick, Venetia Way, Palin Beach Gardens;, JaYs: Goldwasser, Donald Ross Road, Palm Beach Gardens. Vice Chair Pennell closed the public hearing. Randolph Hansen made a motion for approval. Michael Panczak seconded. ' Motion passed, 6-1 with Donald Krzan dissenting. -. 3. Recommendation to City Council Ex Parte Communication (Public Hearing) LDRA-09-02-000020: Code Amendment to Section � 78-49 and 78-157, establishin� an amendment process for the Briger Tract ;PCD desi�n �uidelines and nroviding criteria for A request by Ken Tuma of Urban Design Kil Investments, L.P. et al., and Palm Beach County, the Land Development Regulations (LDRs), esta Briger Tract PCD design`� gi�ide�ines and pr� developments. Vice Chair Pennell opened�the publ�ic hearing. Vice Chair Pennell closed th�public l�eai�ing. Randoluh Ha�r�sen:nzade a rriotion for annroval: :� Motion �assed, 6-1 with Donald Ki 4. Rec�mt�endation to �Cityr,Cou Ex Parte Communication ('Public Joanne KoeniE�' declared ex uarte. F� , on �behalf of The Lester Family ection 78-49 and Section 78-157 of ocess for future ainendments to the eria for bioscience Mixed Used PPCD-09-02-OOD00.2: Briger Tract — M�ster Plan ApUroval & Rezonin� A request by Mr. K�ri�Tuma, �of Urban Design Kilday Studios, on behalf of the properiy owners, The Lester Family Iii�estments, L.P., et al, and Palm Beach County, for approval of a rezoning fiom Planned Development Area (PDA) zoning designation to Planned Community Development Overlay (PCD) zoning designation. The proposed PCD will consist of 1.6 million square feet of biotech research space for Phase II of The Scripps Research Institute's (TSRI) Florida campus, 2.2 million square feet of biomedical/biotech, pharmaceutical and related ancillary uses, a 300 room hotel, 500,000 sc�uare feet of commercial development, and 2,700 dwelling units. The subject site is approximately 681 acres and is located south of Donald Ross Road north of Hood Road and east and west of Interstate 95. Vice Chair Penneli opened the public hearing. Vice Chair Pennell closed the public hearing. PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 2 10•13• 09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3l 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 � Amir Kanel made a motion for approval with modifications. Motion failed due to lack of a second. Randolph Hansen made a motion for approval amending the 55-foot buffer aloilg Donald Ross Road by increasing it to 90 feet. Amir Kanel seconded. Motion passed, 6-1 with Donald Krzan dissenting. VIII. OLD BUSINESS Presented Uy: Barry Present. IX. NEW BUSINESS Presented by: Michael Panczak, City Attornev R. Max Lohman. ' (Tlie reinainder of this page PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING 10•13• 09 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 l5 16 17 l8 19 20 21 22 23 24 25 26 27 28 29 30 3l 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 4& 49 50 X. ADJOURNMENT Vice Chair pouglas Pennell adjourned the meeting at 9:02 p.m. The next regular meeting will Ue held November 10, 2009. APPROVED: AT� Craig Kunkle, Chair Donna Ni. Cannon Municipal Services Coordinatar 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: AI! those preparing to give testfmony were sworn fn. PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 4 10•13• 09 CITY OF PALM BEACH GARDENS PLANNING, ZONING, AND APPEALS BOARD Agenda Cover Memorandum Meeting Date: November 10, 2009 Petition: LDRA-09-OS-000022 Ordinance 36, 2009 Subject/Agenda Item: LDRA-09-OS-000022: Code Amendment to Land Development Regulations Chapter 78, relating to subdivisions and plats Public Hearing & Recommendation to City Council: A City-initiated request to amend the Palm Beach Gardens Land Development Regulations to: (1) Clarify the application review process for subdivisions and plats; (2) Amend all sections relating to subdivisions and plats in order to provide consistency within the various sections; and (3) Create a new review process for the submission of a preliminary plat. [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Finance Dept.: PZAB Action: Growth Mana ment N/A [] Rec. approval City Attorney R Max Lohman, Esq. project Allan Owens [] Rec. app. w/ conds. Manager Administrator [ ] Rec. Denial Development Compliance Richard J. ' a ro [N/A] Continued NA Senior Planner , Senior Accountant: to: Bahareh Wolfs, AICP [ ] Quasi-Judicial N/A Growth Manage e�nt - � X] Legislative Tresha Thomas Adininistrator [ X] Public Hearing Fees Paid: [] Yes Kara Irwin, AICP Attacl�ments: Advertised: Date: 10/30/09 Funding Source: • Subdivision and plat Pla i nager paper: PB Post requirements • Ordinance 36, 2009 [ X ] Required [ ] Operating Natalie M. Wong, AICP [X] Other NA Approved By: Other Reviewers: Ronald M. Fen�is N/A Affected parties: City Manager [ X] N/A Budget Acct.#: NA Meeting Date: November 10, 2009 Petition: LDRA-09-OS-000022 Page 2 of 34 EXECUTIVE SUMMARY The subject request is a City-initiated request to amend the requirements contained within Chapter 78 of the Land Development Regulations (LDRs) relating to subdivisions and plats. The proposed amendinent would provide for the following: (1) Clarify the application review process for subdivisions and plats. • Amending various sections to reflect that plats are reviewed and approved by City Council. • Creating specific criteria for platting exceptions. (2) Amend all sections relating to subdivisions and plats in order to provide consistency within the various sections. • Updating the language in the various sections to include references to engineering plans. • Creating a new section that cross-references other sections that contain subdivision and platting requirements. (3) Create a new review process for the subinission of a preliminary plat. • Staff has expanded and further clarified those requirements for a boundary plat and consolidated those requirements to be included within the new preliminary plat requirements. • Staff proposes to allow developers the option of subinitting a preliminary plat after final development ordei- approval to be approved by City Council. • Preliminary plat approval would allow developers to proceed with applying for infrastructure pennits for underground utilities and other applicable land developinent permits. • The final plat approval process has been further clarified and updated. • During final plat approval, staff has created technical complicznce approval certification, which would allow for certain limited permits to be issued while the final plat circulates for signatures and corporate seals. Currently, our existing Code requires that the final plat be appi-oved prior to appi-oval of a building pei-�nit, which results in a severe lag time between project approval and final plat approval. PROPOSED CITY CODE AMENDMENT: Staff recommends approval of a text amendment to the following Code Sections: (Deletions are n}'JL7R�1C, new language is underlined): Sec. 78-43. Review of applications for development order approval. (a) Compliance. Applications for development order approval shall be reviewed as indicated in Table 1 and comply with all requireinents of this chapter. (1) Development review schedule. Review of a11 applications for developinent order approval shall be consistent with the r-equirements of Table 2. (2) Public hearings and workshops. All applications for developinent orders to consider rezonings, inajor conditional uses, development order amendments, and land development regulations text Meeting Date: November 10, 2009 Petition: LDRA-09-OS-000022 Page 3 of 34 amendments shall be subject to an advertised public hearing by the planning, zoning, and appeals board and the city council. Prior to scheduling a public hearing, the growth inanagement department staff may schedule one or more workshops to review the application with the planning, zoning, and appeals board. (3) Joint workshops. The city manager may schedule a joint planning, zoning, and appeals board/city council workshop to review any development order application of such size, nature, or complexity as to require timely consideration and direction froin both bodies. (b) Planning, zoning and appeals board workshops and public hearings. (1) Workshops. The planning, zoning and appeals board may consider the comments and recommendations from the development review colnmittee and growth management departinent staff at one or more workshop meetings. (The �emainder of this page left intentionally blanlz) Table 1: Development Order Review TABLE 1NSET: Notes: A=Advisory Review B1ank=Not Applicable C=Completeness Review CC=City Council D=Discretionary per Growth Management Director TABLE INSET: Meeting Date: November 10, 2009 Petition: LDRA-09-OS-000022 Page 4 of 34 DRC=Development Review Committee DO=Development Order �=Tec�nical Review [ ]=Decision Making Authority PZAB=Planning, Zoning and Appeals Board Development Order Application Staff DRC PZAB CC Rezoning, Standard C +� A [ ] Rezoning, Overlay (including PCD and PUD) C � A [] Rezoning, Planned Development Area C � A [] Major Conditional Use, C � A [] Minor Conditional Use C [ ] Variance C D [ ] LDR Text Amendment C A [] Site Plan Review, Major C � A �] Site Plan Review, Minor C � [] Site Plan Review, Administrative G[ ] Subdivision* C � A A/[ ] Preliminary Plat* C A/Ll Plat* C A/[ ] DO Change, Non-Administrative C � A [] DO Change, Administrative C/[ ] *See Division 10, Article 5 of this Chapter. [Note: This section was amended to include the review process for prelimina�y plats.] Meeting Date: November 10, 2009 Petition: LDRA-09-OS-000022 Page 5 of 34 Sec. 78-421. Policy. (a) Comprehensive plan. The subdivision of land and the subsequent development of the subdivided property shall be consistent with the city's comprehensive plan. (b) Concurrency. Any subdivision of land, as defined in these regulations, shall comply with the concurrency requirements of division 3 of article III. (c) Other requirements. This division shall supplement and facilitate the enfarcement of the provisions and standards contained in the city's building and housing codes, the land development regulations, and the capital facilities element of the city's comprehensive plan. The standards and provisions of this division shall apply equally to the subdivision of land and creation of preliminary �� plats. (d) Prior subdivisions. Land that has been subdivided prior to August 18, 1994, should, whenever possible, be brought into conformance with the standards of this division. (Ord. No. 17-2000, § 209, 7-20-00) Sec. 78-422. Purpose and intent. The purpose and intent of this division is to protect the public health, safety, and welfare by ensuring colnpliance with the standards and criteria listed below. (a) Health, safety, and welfare. Protect and provide for the public health, safety and general welfare of the city. (b) FutuYe growth. Assist with guiding the future growth and development of the city consistent with the adopted coinprehensive plan. (c) Light, czir, and p�ivczcy. Provide for adequate light, air, and privacy. (d) Public safety of the land. Secure safety from fire, flood, and other danger, and to prevent overerowding (e) Orderly development. Protect the character of the city and encourage the orderly and aesthetic development of the city. (� Protect p�operty values. Protect and conserve the value of land, buildings, and iinprovements, and minimize conflicts among uses of land and buildings. (g) Public,fczcilities. Ensure the adequate and efficient provision of public facilities, such as transportation, potable water supply, wastewater collection and treatment, drainage, surface water management, solid waste, parks and recreation, are available concui7•ent with impacts of development. Meeting Date: November 10, 2009 Petition: LDRA-09-OS-000022 Page 6 of 34 (h) Conflicts. Avoid traffic congestion on streets, and eliminate conflicts between pedestrian and vehicular movements. (i) Design standards. Establish reasonable standards of design and procedures for subdivisions and resubdivisions in order to further the orderly layout and use of land, and to ensure proper legal descriptions of subdivided land. (j ) Cost of new development. Ensure that new development will be required to bear its fair share of the cost of providing the public facilities and services needed at the time of development. (k) Natural resouYCe p�otection. Prevent the pollution of air and water resources; ensure the adequacy of surface water management facilities; safeguard the groundwater resources; and encourage the conseivation, protection and management of natural resources. (1) Open space and recreation. Provide for open spaces and passive or active recreation facilities through efficient design and layout of subdivisions. (in) Prevention. Prevent the premature subdivision of lands, and partial or incomplete subdivisions. (Ord. No. 17-2000, § 210, 7-20-00) Sec.78-423. Authority. The city council is vested with the authority to review and approve, conditionally appi•ove, or deny subdivision plats. (Ord. No. 17-2000, § 211, 7-20-00) Sec.78-424. Jurisdiction. (a) Application. This division applies to all subdivisions of land, as set forth in subdivision II of this division and all lands which are the subject of an approved development order. (b) Plat appYOVaI �^equi�ed. Lai1d within the city shall not be subdivided or developed through the use of any legal description, other than with reference to a plat approved by the city council in accordance with this division. (c) Effective date. The requirements of this division are effective as of August 18, 1994. Al1 applications for subdivision approval which were accepted as complete prior to August 18, 1994, shall be subject to the requirements of the subdivision regulations in effect at the time of submittal. However, the city council may determine that the application of this division is necessary to avoid a substantial risk of injury to public health, safety, and general welfare. (Ord. No. 17-2000, § 212, 7-20-00) Meeting Date: November 10, 2009 Petition: LDRA-09-OS-000022 Page 7 of 34 Sec. 78-425. Interpretations and conflicts. (a) Interpretation. In their interpretation and application, the provisions of this division shall be the minimum requireinents for the promotion of the public health, safety, and general welfare. The regulations in tlus division shall be construed broadly to promote the purposes for which they are adopted. (b) Conflict with other public provisions. This division is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute or other provision of law, except as provided in this division. Where any provision of this division establishes restrictions different from those established by any other provision of this division or any other ordinance, rule, regulation, or other provision of law, the provision which is more restrictive or imposes higher standards shall coiztrol. (Ord. No. 17-2000, § 213, 7-20-00) Sec.78-426. Variances. Requests for a variance from one or more provisions of this division shall be reviewed by the � plannin ,�zonin ,�ppeals board �PZAB� pursuant to section 78-53. (Ord. No. 17-2000, § 214, 7-20-00) [Note: This section was amended to reflect the correct name of the PZAB, which has jurisdiction over variance approval.] Sec. 78-427. Enforcement, violations and penalties. (a) EnfoYCement and p�ohibited acts. Violations of this division shall be enforced as provided in article VII. (b) Prohibited acts. (1) Plat approval required. a. It shall be unlawful to transfer or sell any parcel of land located in a proposed land development project or subdivision before a plat of the project or subdivision has been approved by the city council and recorded with the clerk of the circuit court of the county. b. If a parcel of land is to be developed other than as a subdivision, a plat shall be prepared, approved by the city council, and recorded with the Clerk of the Circuit Court of Palm Beach County. All applicable permits and required agreelnents from other agencies to undertake the proposed land development shall be obtained prior to presenting a proposed plat for approval by the city council. c. Any plat or plats for a proposed development or subdivision must be approved by the city council prior to issuing a building permit to commence site consh-uction for any vertical construction. Meeting Date: November 10, 2009 Petition: LDRA-09-OS-000022 Page 8 of 34 (d) Metes and bounds. The subdivision of any lot or any parcel of land by the use of inetes and bounds description for the purpose of sale, transfer, lease, or development is prohibited, or otherwise provided for in the subdivision re�ulations. (2) Permits and certificates of occupancy. Building permits or certificates of occupancy shall not be issued for the construction or occupancy of any building or structure located on a lot or plat subdivided or sold in violation of this division. (3) Recordation. A plat shall not be offered for recording by the clerk of the circuit court of the county until the plat has been approved by the city council and signed by the city engineer. (4) Misrepresentation. A property owner or agent for the property owner shall not falsely represent to a prospective purchaser of real estate that roads and streets, wastewater systems, water supply systems, surface water management facilities, or other public facilities wi11 be built, constructed, or maintained by the city. (c) Remedies. Violation of this division shall be enforced pursuant to article VII. Each day the violation continues shall constitute a separate offense. The city council shall have recourse to other remedies in law and equity as may be necessary to ensure colnpliance with this division. (Ord. No. 17-2000, § 215, 7-20-00) [Note: This section was amended to provide for internal code consistency since the subdivision regulations currently allow metes and bounds subdivisions in Section 78-592.] Sec.78-428. Exceptions. . . - - - •- - . _. . . . . : .. - - • •- - . . •- : . ... -. : ... . . : •: : :- :- -: . ... : • : "' • : : - (a) Pre-ap�lication �neetin�. The developer shall request a pre-application il� the manner prescribed by this chapter. The �rowth inana�ement department, in consultation with the cit�engineer shall review the pre-a�plication and shall determiiie if the below condirions exist, and u�on such determiiiation, the applicant mav file a petition for adminish-ative a�proval by the �rowth inana�ement department to delete the requirement for plattin�• (1) A��licability. No subdivision, PUD, PCD or site plan shall be platted or recorded nor shall any buildingLpennit be issued unless such subdivision meets all the provisions of this chapter and those of an�pplicable laws of the State of Florida, and has been a��roved in accordance with the requirements as herein set forth, except that the following shall be exempt and not subject to the provisions of this chapter. (2) Process. Development applications and required fees shall be subinitted to the rowth mana�ement departmeizt iiz the same maniler as a petition for administrative approval. Meeting Date: November 10, 2009 Petition: LDRA-09-OS-000022 Page 9 of 34 (a) The combination or recombination of portions of previously platted lots where no new parcels or residual parcels result in lots of less area, width, or depth than the ori i�nal platted lots or the existing replotted lots, where no new street is created and.where all current district re�ulations can be met for the zoning district in which the property is located. (b) The sale or exchange of parcels of land to or between adjoinin�property owners where such sale or exchange does not create additional lots and does not reduce any lot to area less than the zonin� district in which the propertv is located permits, and no dedications or improvements are required under this chapter. (c) Tracts of parcels of land shown on unrecorded maps, plats, drawing,s or survevs which tract or parcel was at the time of preparation of such map, plat, drawin� or survey under the ownership of a sin�le person, firm, �artnership, association, corporation, joint venture, estate, trust joint tenancy, tenanc�v the entireties or other combinations of persons acting as a unit where such map, plat, drawin� or survey was in existence prior to the effective date hereof and where at least thirt_�(30�percent of the parcels, tracts or lots shown on said unrecorded map, plat, drawin� or survey were subject to deeds, a�reeinent for deeds, installment land sales contracts, or other instruments of conveyance properly executed prior to the effective date of this chapter and where the land encoinpassed by said unrecorded map, plat, drawing or survev was registered with the De�artmeizt of Business Re�ulation, Division of Florida Land Sales, prior to the effective date of this chapter, or such unrecorded inap, plat, drawing or sui•vev was certified by a land survevor duly licensed by the State of Florida, or was an official part of the records of the Palm Beach County Tax Assessor's Office prior to the effective date of fllis chapter. (d) The division of real estate �ro�ertv is for the conveyance of land to a federal, state, county or munici�al �overnmental agency, entit�political subdivision or a�ublic utility, as defined herein. �e) The division of land into parcels of more than tei� acres not involvin� the need to create any new access, change in existing access, public easements, utility easeinents, or public infrash-ucture improvements is not to be deemed a subdivision witlun the meanin� of these re�ulations. (f1 Minor alterations or chan�es to the a�roved �lat or plan of record, which affect less than 25 percent of the site shall be deemed a minor alteration includin�, but not liinited to, si riage additions or relocations, minor utility relocations, or modifications to easement locations. Minor alterations mav be a�proved, when considered cuinulatively with previous minor alterations, which as determined b��the growth inanagement director, does not deviate materially from the approved or existinp� conditions. Meeting Date: November 10, 2009 Petition: LDRA-09-OS-000022 Page 10 of 34 Sec. 78-429. Requirements in lieu of platting. If, pursuant to section 78-428 of this article, platting is not necessary, in lieu of plattin�, a certified survey shall be submitted to the �rowth management department, prior to rantin� of the exception. The granting of the exception shall be issued in writin� from the growth management director. The citv council shall reserve the ri�ht to require deeded rights-of-way and easements, reservations ar improvements required in connection with platting under this chapter, including the postin� perfonnance and maintenance bond, as may be necessary to carry out the intent and purpose of this chapter• (Note: This section was amended to pi•ovide speci�c exceptions to the requirements for plattin�. Exception (e) is already listed in the City's LDRs under Section 78-428 and is bein� relocated to a more appropriate location.� Sec. 78-430. Other requirements for platting. (a) Other �latting sections. In addition to those provisions contained herein, the following sectioizs shall also apply to subdivisions and plattin� (1) (2) (3) (4) (5) (6) See Sec. 78-43, Table 1, for plat and subdivision development order review See Sec. 78-572 foi• requirements for dedication of lands for recreational puposes See 78-575 for dedication of land for other public uses See Sec. 78-591 for preservation requireinents for enviromnentally significant lands See Sec. 78-592 for inetes and bounds subdivision requireinents. See Sec. 78-593 foi• plat vacation requirelnents. [Note: This section was created to cross-reference other sections pertaining to platting so that all are listed together under one section.] 78-431-�--78-440. Reserved. Subc�ivision II. Application Procedure ai�d AppNOVC�l Process Sec. 78-441. General application procedure. (a) Plan and plat appNOVaI �equired. Before any land is subdivided, the owner of the property proposed to be subdivided or owner's authorized agency shall apply for and secure approval of the items listed below: (1) Subdivision plan; (2) Engineering �'^"�*��^+�^� plans; and (3) Plat. (b) Coordination with other development order applications. Plat approval of the subdivision of land shall be required whenever an application for development approval includes or anticipates the Meeting Date: November 10, 2009 Petition: LDRA-09-OS-000022 Page 11 of 34 subdivision of land. Upon city council approval of a PUD, PCD site plan, conditional use, or other development order necessitating a subdivision, an applicant shall proceed with the preparation of the plat and en ineering ��r�*�� plans for the area to be subdivided, as described in these regulations, unless modified by the city council for a PUD or PCD. � _ .�er.e�f�e�arerr.r��s:sse*serr��s�:rntr:n:�,eerss�sss�sei:�ss:s .. . . . . . ... . . .. . . _. ._ . . ._ .. . .. .. . .. .. ... . . . .. . . . . - : ... .. . ... .. : : . . . .. . . . . . . . . ..: . . -: . � .. . . : . . . . . . .. : . . . . . . . :. :- . - .: . ..- • . . . �� . � �� . . ... . .. [Note: This section amended to replace with "construction" plans with "engineering" plans, which is consistent with other sections of the Code. Also, the section referring to a boundary plat has been removed and is addressed in the revisions listed in Section 78-446.] Sec.78-442. Concurrency. All applications for subdivision approval shall comply with the concurrency requirements of division 3 of article III. (Ord. No. 17-2000, § 218, 7-20-00) Sec. 78-443. Pre-application conference. Before preparation of subdivision plan, an applicant shall meet with the growth management department to review a proposed development, the procedure for approval of the proposed subdivision, applicable regulations, and the proposed installation of public facilities and iinprovements such as streets, water supply, wastewater collection and treatinent, drainage, surface water management, and parks and recreation facilities. (Ord. No. 17-2000, § 219, 7-20-00) Sec. 78-444. Subdivision plan review and approval process. (a) Application procedu�e �i2cl requirements. The applicant shall submit for approval a subdivision plan to the department pursuant to this section below. (1) Schedule. The applicant shall submit the required application fo1-m aild informatioiz to the growth inanageinent department, and the application shall be reviewed pursuant to the schedule indicated in Table 39. (The Neinainder of this page left inZentionally blcznk) Meeting Date: November 10, 2009 Petition: LDRA-09-05-000022 Page 12 of 34 Table 39: Development Review Schedule Notes: �Working days are Monday through Friday, excluding city holidays. -- = Not Applicable DRC = Development Review Committee MAX = Maximum MIN = Minimum TABLE 1NSET: Action Working Days* Pre-Application Meeting -- Submit Application -- Completeness Review MAX 7 Staff Decision MAX 14 DRC Review MIN 14 r'��ee�.��io �— P�«�4 Planning, Zoning, and Appeals Board Meeting MIN 7 City Council Workshop/Meetillg MIN 23 City Council Meeting MIN 10 (2) Public ineetings. All applications for developinent orders to consider a subdivision request may be subject to �r �a•�°�*��°a a public hearing by the planning, zoning, and appeals board and the city council. Prior to scheduling a public hearing, the growth management department staff may schedule one or more workshops to review the application with the planning, zoning, and appeals board or city council. (3) Joint workshops. The growth management director inay schedule a joint planning, zoning, alid appeals board/city council workshop to review any request for approval of a subdivision of such size, nature, or complexity as to require timely consideration and direction from both bodies. (b) Planning, zoning, ancl c�ppeals boaf�cl meetings or worizshops. (1) Meetings or workshops. The planning, zoning, and appeals board shall consider the comments and recommendations from the development review cominittee and growth lnanagement department staff at a public meeting or one or more workshop ineetings. (2) Request for additional infonnation. When an application is coilsidered by the planning, zoning, and appeals board at a workshop or public meeting, additional information regarding the application may be i-equested. The requested information shall be subinitted by 12:00 noon at least ten working Meeting Date: November 10, 2009 Petition: LDRA-09-OS-000022 Page 13 of 34 days, excluding holidays, prior to next scheduled planning, zoning, and appeals board meeting. When the additional information requires the review of any development review committee inember, the information shall be submitted by 12:00 noon at least 12 working days, excluding holidays, prior to the next scheduled planning, zoning, and appeals board ineeting. At the ineeting when the additional information is requested, the response period may be reduced to ten working days, excluding holidays, by the planning, zoning, and appeals board. (3) Public meeting. After completion of a workshop, if scheduled, to consider an application, the growth manageinent department staff shall schedule the petition for a public meeting to consider the application. (c) Reco�^d of proceedings. The planning, zoning, and appeals board shall hold a public meeting and shall prepare a record of the proceedings on each application for approval of a subdivision. The record shall be filed in the growth management department and shall be a public record. (d) Transmission of recommendation to city council. For each application for subdivision approval, the planning, zoning, and appeals board shall act as indicated below. (1) Recominendations. Adopt a recoininendation to approve, deny, or approve with conditions. The recoinmendation shall be transmitted to the city council. (2) Approval. Approve, deny, or approve with conditions those developinent order applications subject to their jurisdiction. (e) City council considercztion. (1) Workshop ineeting. The city council inay consider the coinlnents and recommendations fi-oin the planning, zoning, and appeals board, the growth management department staff, and the developinent review cominittee staff at one or inore workshop meetings. (2) Request for additional information. When ai1 application has been considered by the city council at a workshop or public meeting, additional information regarding the application may be requested. The requested information shall be subinitted by 12:00 noon at least ten working days, excluding holidays, prior to the next scheduled city council meeting. When the additional infoi7nation requires the review of any development review committee member, the infoi7nation shall be submitted by 12:00 noon at least 12 working days, excluding holidays, prior to the next scheduled city council meeting. At the meeting when the additional inforination is requested, the response period may be reduced to ten working days by the city council. (3) Public meeting. After coinpletion of a workshop or workshops to consider an application, the growth management departmeizt staff shall schedule a public meeting to consider the application. (4) City council decisions. Following the required public meeting or ineetings, the city council shall approve, deny, or approve with eonditioils all applications for subdivision approval. For any action, the decision shall be adopted in resolution fonn. The resolutions adopted hereunder shall indicate the Meeting Date: November 10, 2009 Petition: LDRA-09-OS-000022 Page 14 of 34 following: a. the city council decision; b. the reasons supporting the decision; c. a statement that the approval included reliance on all representations made by the applicant or applicant's agents at any workshop or public hearing; d. all conditions of approval included within the decision; and e. specific reference to all docuinents, including but not limited to the name of preparer, title of the document, and date of preparation of all studies, subdivision plans, plats, and materials which are the basis of or are to implemented as part of the development order approval. (� Denial. If the subdivision plan was denied by the city council, a copy of the plan shall be returned to the applicant with reasons supporting the action of the city council within ten working days from the date of the final city council meeting at which the plan was reviewed. The applicant will have the option of revising the plan or submitting a new plan for review. Substantial changes to the revised plan or the submittal of the new plan shall require review by the planning, zoning, and appeals board and the city council. (g) Effective period ofsubdivision plan approval. Unless extended by the city council as provided in subsection (h) of this section, the approval of a subdivision plan shall be effective for a period of 24 months from the date that the plan is approved by the city council. (1) Required submissions. Prior to the expiration of the 24 inonths, the applicant must have subinitted construction plans and plat for approval and secured the first building permit. (2) Failure to submit. If construction plans and plat are not subinitted for approval and the first building pei�rnit is not secured within the 24-month period, the subdivision plan approval shall be null and void. If a subdivision plan is determined to be null and void, the applicant shall be required to submit a new subdivision plan for review subject to existing zoning and subdivisioil regulations. (h) Extensions of �time. Prior to the expiration of the 24-inonth approval period, an applicant may apply for a tiine extension by filing an application with the growth inanagement department in accordance with the procedures established in division 2 of article III. (i) Zoning and subdivision regulations. A subdivisioil plan shall conform to the zoning, subdivision, and other land development regulations applicable at flle time the proposed plan is submitted for the approval of the city. All property being subdivided shall have the appropriate zoning designation for the land uses being proposed. (Ord. No. 17-2000, § 220, 7-20-00; Ord. No. 17-2004, § 5, 6-3-04) [Note: This section was amended to clarify the review process and public notice requirements of platting and subdivisions.] Meeting Date: November 10, 2009 Petition: LDRA-09-OS-000022 Page 15 of 34 Sec. 78-445. En ing eerin P� lans �'^„�*��*�^� N'�r� review and approval process. Upon approval of the subdivision plan by the city council, the applicant shall submit en in� eerin� lp ans ��r°*�,^+;^„ r'�N�. The en�ineering plans ^^r�*M,�*;^„ N'�r� must be submitted prior to or simultaneous with the plat, as described in section 78-446. �1)En in� eerin�plans. (a) Prior to construction and final platting of a subdivision or planned development, four (4) sets of en ing eerin�plans shall be submitted to the city for review. En in� eering plans shall be approved by the cit�prior to the construction phase and prior to final plat approval. (b) The en�ineerin�,�plans shall be �repared b�professional en�ineer registered and licensed in the state of Florida. Each sheet of the en�ineerin� plans shall be signed bv and shall bear the seal of such en i� neer. �c) Each sheet of the en in�eering plans shall be the saine size and shall be no lar�er than 24 inches by 36 inches. The sheets of the en�ineerin�plans shall be numbered consecutivelv and attached to eg ther• �d) The scale of the en�ineerin� plans shall be one inch equals i7ot more than 60 feet. (e) The en ineerin�plans shall desi�nate the location of all water sewer and reuse lines within existing easeinents or ri�hts-of-way held by the city or other appropriate government a�ency or within proposed ri�hts-of-way or easements as depicted on the preliininary plat. (� The followin ag re required to be shown on the final engineerin� drawings: (1) The location of all proposed water sewer and reuse facilities both on-site and off-site including size and grades main and/or line routes line sizes mar�lloles fire hydrants service coimections valves laterals and lift stations. Standard details for the water sewer, and reuse systeins includin� ty�e of �ipe service connections manholes fire hydrants and lift stations shall be provided The water system shall be sized so as to provide adequate fire protection in coinpliance with the recominelidations of the National Fire Protection Association. �2) A surface and storinwater drainage system iilcluding location and elevation of all structures and culvei�ts with sizes and �rades and typical cross sections of drainage facilities, canals and waterwavs. All pertinent calculations �ertaiiung to retention/detention areas utilizin t� he a�plicable �ermittin�a�ency's requiremeilts shall also be included. (3) Sidewalks including locatioii elevations and typical cross sections. (4) Streets including�lan and profile views typical cross sections ofproposed r�adin� Meeting Date: November 10, 2009 Petitioii: LDRA-09-OS-000022 Page 16 of 34 pavement and curbin� details with compaction under pavement. �5) Bulkheads, if a��licable. �6) If deemed necessary bv the city subsurface conditions of the parcel, includin� tlle location and results of tests �erformed to ascertain the conditions of subsurface soil, rock, and proundwater, and the existing depth to giroundwater. (7) Lot rg adin�plan. (8) Cross sections showing the proposed lavout for all private utilities, includin� electric, telephone, gas, and cable television. (9) Location of all traffic control devices, markers, and required sipns, includin�p signs, traffic si�nals, crosswalks, street signs, and the like. (g) The city staff shall review the en in� eerin� plans and shall provide written coinments to the a�plicant re ag rding compliance with code requirements and the technical aspects of the lp ans• (h) If changes to the plans are required four sets of revised plans shall be subinitted to the city. In addition to the revised plans the a�plicant shall subinit written responses to the citv staff s review comments. (Ord. No. 17-2000, § 221, 7-20-00) �Note: This section was amended to include requirements for the submittal of en�ineerin� plans to the City for review.� Sec. 78-446. �Preliininary Plat review and approval process. , . .. - •- - - -- ••- - _ - . ..: -. . .. .: : . . . -- .:. - .. . ... :.. : . ... : . : -- :: .- .. - . :- .:- : �- ..: .: -: ... :•. : :. : . . . .: : : • : .. : -: .:: : . . : ':. : .. �, • .' :: : •:: `' . . . : �. - -- - - -- - - - - .: . . ... . . . . . .. . •. . . . ... . : -- . : : •. : : :' : � :' : : • - ... .- .- . . . - - -- - - - -• - - . • - . . � . . . . � �.��......,.....�:.-��..-,..�:�...�,..'......�. . . . . : - -.,,..�...�..,.�.:.�:..�...:..:...��: . .: . ♦ . . ♦ .. . . .-. . . .. .- :: . . . .. . . . . . . . • - . • . . - . . � . ' ' ' • - ' ' ' . ��.� \ri��i...�ioa.i�e..�.�: . . . 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' ' ' " ' ' � . :. 0' : . - . . 0 . . . .. . • . . :. . . . 1l�f�sioaiii��lTT�2ii�'e9ia.�fai�vai�a� � � _ � � � � � � • � � � • � � - � • • • � • � - � • � � � • � � • • • � � • • • � • � � � � � � •• � • � - • � � ' � • � • � • • � • _ � � • • � ,:,q� • ! ♦ � � � � � � � • • � � � � � � • • � • � • � • � � �� - • � � � • • ��LT�I�iT� � � � � • • � • � ' • � � � � � � � � � • � • � � • � � � � � � � � � • • • • � � t � • • � ' � � � � � • � � � • � • � • � • • ' • � • • • • • � - � • � • � • � � � • � • � � � • • � ♦ � � • � � �� • �� ZT' � i I � � • � • I • � • � • • � � � • � • • � • � • � • � � • • • • � � • • • � � � � � • � � � • � • � � • � � � • , � � � � • � • � • • • • • � • • � • • � • � • � • • • � • � • • _ � � � � � � � . . • � • • � , • � , � • � • • � � � • VI • • � � � • � •• A prelilninary�lat ina�be submitted after City Council a�proval of a subdivision PUD PCD or site plan approval The preliininar�plat may be submitted to the growth mana�ement department for review concurrently with a PUD PCD or site plan approval petition at the ap�licant's risk; however, final approval of PUD PCD or site plan a�proval is required prior to preliminary plat a�proval The preliminar�plat shall be reviewed and approved as provided for in this section. In addition to other required infonnation at a minimum a preliminar�plat shall contaiil the information listed below. (a) Preliminar�plat submittal requirements. (1)A�reliminar�plat shall meet the requirements of the final plat, except that it shall be submitted without the required si�natures and seals. �2) Deadlines for submittal of a complete preliminary plat a�plication shall be in accordance Meeting Date: November 10, 2009 Petitiou: LDRA-09-OS-000022 Pnge 19 of 34 with section 78-444 Table 39 Four copies of the plat on paper electronic medium or other medium authorized bv the city en�ineer shall be submitted to the en in� eering department. (3) Fee. Payment of the required fee. (4) All �reliminar�plats shall be prepared bv a land surveyor registered and licensed in the state of Florida All en i� neerin� exhibits shall be prepared by a professional engineer re�istered and licensed in the state of Florida. (5) Each sheet of the�reliminar�plat shall be the same size and shall be no lar�er thaiz 24 inches b_y 36 inches. The sheets of the preliminar��lat shall be numbered consecutivelv, attached together, and folded. (6) Four si�ned and sealed certified surveys not more than one year old, by a land surveyor re�istered and licensed in the state of Florida shall be submitted for the property which is the subject of the preliminar p� lat ap�lication and if a�plicable any area encompassin� off-site improvements The survey shall be at a scale of one inch equals not more than 100 feet and shall be submitted on sheets not more than 24 inches bv 36 inches. (7) For those sites which have existing trees the a�licant shall provide a tree survey in accordance with the city's Land Development Code. (8) An affidavit or other document a�proved b tly ze city shall be submitted by the owner of the subj ect propert�r by the owner's agent makin�application for �reliininarYplat approval. The affidavit shall state the ap�licant is the owner or the owner's agent of the land which is the sub�ect of the a�plication and that all land shown on the prelilninary plat will be committed and dedicated to the use for which the preliminary plat application is being made. The affidavit or other docuinent a�proved by the city shall be witnessed b��two persons and acknowledged by a notary public so as to be recordable with the clerk of the circuit court of Palm Beach County When the affidavit is subinitted b�the owner's a�ent, a notarized letter authorizin th�e a�ent to represeizt the owner shall be required. (9) An 11-inch by 17-inch �aper co�y of the preliininary plat shall be submitted. (b) Failure bv an a�licant to submit a preliminary�lat meetin� all submittal requirements as set forth i11 this chapter shall be �ounds for the cit ��engineer to re'ec� t the preliminary plat application. (c) P�eliminarv plat Neview. (d) The following items shall constitute the requireinents for a preluninar�plat, aild shall be the criteria for preliminaiy plat review by the city staf£ Failure bv the a�plicant to adequately address the requirements for a preliininar�plat inay result in deival of the plat with the applicant required to resubinit including_payinent of the review fee. Meeting Date: November 10, 2009 Petition: LDRA-09-OS-000022 Page 20 of 34 �l)Title�age. The title pa�e shall contain the followin�: b. The proposed name of the subdivision/pro'lect• c A vicinity inap showing the relationship between the proposed subdivision and its surroundin� area, includin�adjacent streets. d. The current date on each sheet of the preliminar�plat. For revised preliininary plat, the revision date on each sheet of the preliminarv plat shall be indicated. e. The name and address of the developer owner surve o��r, en�ineer, and/or land planner. £ The gross acrea�e of the tract proposed for subdivision and of public or other land usa�e. g. The total number of lots and average lot sizes includin� tracts for retention, recreation, landscaping, and lift stations. h For all subdivisions the existing and proposed land uses and zonin� classifications. (2) Prelimina�,�Plat. Requirements for the plat shall be as follows: a The plat shall meet the minimum technical requirements for platting as provided for in F.S. ch. 177. b The plat shall be prepared by a land survevor registered and licensed in the state of Florida. c. The scale of a preliminar�plat shall not exceed one inch equals 100 feet. d if a large plat may require two or more sheets the sheets shall be numbered and the iiulnber of sheets shall be indicated on the first sheet below the title. (3) En in� eerin� exhibits. En ing eerin� exhibits shall contain the following: a The location of existing and platted propertY lines streets, buildin�s, watercourses, transmission lines sewers brid�es culverts and stonnwater facilities water mains city boundary lines and public utility easements. b Wooded areas streams lakes inarshes and any other physical conditions affecting the site including individual trees. c If a�plicable the location and characteristics of any wetlands �resent on the subject propert a�pro�osed wetland preservation and/or initi atg ion plan. d. Existin� contours based on coast alid geodetic data with a contour interval of one-foot intervals. e. Existin��round surface elevations and proposed street elevations. (e) As a further part of the review of a preliminary plat the city staff shall consider the followin�: (1) Whether the �roposed lot sizes and block dunensions are adec�uate to meet the requirements of the citv's Land Developmei�t Regulatioils. (2) The convenience of access circulation control and safety of street traffic. (3) Whether all lots shown on the preliminary plat have adequate access to a paved public or private street. �4) The adequac�of public utilities and access roads or streets to provide service to the proposed subdivision. (5) Whether the proposed densitv or intensity is within the allowances of the city's Meeting Date: November 10, 2009 Petition: LllRA-09-OS-000022 Page 21 of 34 comprehensive plan. (6) The adequac ��of parks recreation, and open spaces. (7) Whether there is an attempt to preserve trees as defined by cit c� ode. (fl PNeliminarv plat review bv citv council. � 1) The preliminar�plat of a subdivision shall be reviewed by the city council. As part of the review the citv council shall hold a hearing at which comments of the applicant may be heard. (2) The city council as part of its review shall ascertain that all requirements of this chapter and the re�uirements of any other relevant city ordinance have been met bv the applicant with re�ard to the proposed preliminary plat. �3) Following the hearing and consideration the citv council shall vote to approve, approve subi ect to chan�es or disa�rove the proposed preliminar�plat. The decision shall be based on but not limited to the technical comments of the review staff the functional aspects of the preliininar�plat and the council's detennination as to whether the a�plicant has sufficiently addressed the requirements of the �reliininar�plat as set forth in this chapter. (4) If a preliminar�plat is ap�roved sub�ject to changes the city council may require the applicant to submit a revised�reliminar�plat to be reviewed at the next re�ularly scheduled council ineetin o_g � may direct the city en�ineer to ensure that all required changes are made to the preliminary_plat. If the council chooses to review the revised preliminary plat, the council shall deterinine the date on which the a�licant Znust submit the revised preliminary plat to the city In such case the a�plicant shall submit to the city staff copies of the revised �reliminar�plat Ii1 addition to the revised preli�ninary plat the a�plicant shall submit written responses to the city staff s review comments. (5) If the council directs the city en�ineer to ensure that all required chan�es are made on the preliininary or boundar�plat the a�plicant shall have 14 days in which to subinit the revised preliminary plat to the city In such case the applicant shall submit four copies of the preliminar�plat to the citv In addition to the revised plat the a�plicant shall submit written responses to the city staff s review comments. (6) Failure to submit revised�reliminar�plats accordin� to the time schedule set forth in this section shall be �ounds for denial. (7) If the preluninary plat is denied the applicant shall have the o�tion to resubmit an application pursuant to all requirements including�ayinent of fees as set foi�th in this chapter• Meeting Date: November 10, 2009 Petition: LDRA-09-05-000022 Page 22 of 34 (g) Use o�preliminaY��lat ollowin a��roval. (1) A�proval of the preliminary shall authorize the following options prior to submittin�the final �lat: (2) Prepare en in�; eering�plans detailed cost breakdowns, and specifications for all required improveinents which meet the approval of the city and install all required improvements in accordance with the ap�roved plans and specifications. All work, as installed, shall be inspected and subject to the approval of the city. (3) Ap�roval of the preliminar�plat shall not be construed as authority for filin og f the plat with the clerk of the circuit court of the county nor as authority for the sale of lots in reference thereto. ^ (4) Failure of the subdivider to obtain ap�roval by the city of an infrastructure permit or building�ermit within one year of preliminarv plat approval shall cause the approval of the preliminary_plat to become null and void. �5) The a�plicant shall obtain approval of the final plat within 180 calendar days, otherwise the preliminar�plat is deeined i�ull and void. In the event that a preliminary plat is deeined null and void a new �reliminar�plat a�lication must be submitted with the required fees. [Note: This section was amended to expand more detail on the current requirements for a boundary plat and redefine this optional process. The preliminary plat section provides additional details on what information is needed for the process, what the review process is, and what one is able to do once approval is received. Also, provisions for obtaining technical compliance prior to final plat approval have been incorporated. The removed language has been inserted into Section 78-447 below.] Sec. 78-447. Final Plat review and approval processC• N;r� �r�'r°��~�'^*;^� ^�~�'°+ . . .. . . . . . . . . .: :: : _ _. .: . .. : ... . . .. . ..• . .. -- . : .. . . . • . . : : �: _ - - �� . . ' " . . - ' ' . •. - •. . .. ' ... . � . ' : . . . . : . � ' ... : •. : . . . : . . � -:. ": • ' ' : • : "' -; . : : : : : . . .. . . . . ' - . : . �. •. . .. ... . •. . : . ... .: : . . . ,_ . . .. _, . . . -. .. . . :- . . . . . • . . . : . '. ' -• ' - . -' . . : . . . . . :" ' ' •- .' ' ' ' • " , . . . : � . . . . . . : • ... . . . . -. . . . ... . . : - - � - : . . : : � - - - - ' ' . . . . . . . . . . : : .. . . ..' .• . .� - Meeting Date: November 10, 2009 Petition: LDRA-09-OS-000022 Page 23 of 34 - - - - . . . . . . . . . .E�i .. : .. . • . . . . � . . . : . .. . . . . .-. .. . . �. . . . . • . : . • . . : . . . . . . . - - . . -. . . . . . . . .: - :. . . . . • - - . . i •. . . ... -. . � . �. �� . . - . . . � . ': :-•. : ...-. : .. :: :• : . : : • . . : � : . . :. . -: . :: • :: • -. . . . -. .. . � .. . . . .: . . . :' . . .•: . . . - • -- • • . ♦ � . i � � . � � � � � � ♦ \ � • � ' i � . ' � ' i . '. . . -• . •-..- . . . � • � . . . i . ' : . � � � : • - • . • � I � i i� i i i ' � . • � - � • i � • • • � • � • • • ' � • • • � i r � ' � • i � : , �� i i � i � � � • � • i • • i - i • • i i • � . • � � � � � � � • i • � • � � • � � i • . • i • � i . i • � • ' � � � � � � ' • • � • • • • i � � � � • • • � i . • � � i i ' � i i � i � • • � . � • � � • � • � � • � • • • . i • • • � � • � • • • • • • � - I ♦ ' • � � ' • _ i � i i i • i i � i • • i � • • • • • • � ' � ' ' � � � � � i • . � � • • � � • ' • i . i i � � � � � � ' � . � � • • � � � • • � • i . i � • - � � � • � � . \ � � � � � � � � � • ♦ � • • • • (a) Gene�ally. Where proposed development includes the subdivision of land or the final approval of a PUD, PCD, or site plan petition, city council approval shall be required of a final plat. (b) Application requirements. During the effective period of the subdivision plan approval or development order, the applicant shall file with the city an application for approval of a plat. The application shall ulclude the items and infonnation listed below, in such number as requued by the growth manageinent department. The followin� iteins shall be required for final plat subinittals. (1) Application fonn. Application forms as provided by the growth maizagement department. (2) Fee. Payinent of the required fee and applicable inspection fees. (3) Area included. Indicate the entire subdivision or phase thereof which derives access from an existing state, county, or city street or highway. � . .' -• - - . ... -. -. . . .. . . :' : .. . . . . :" ' ` • . . : • - . • Meeting Date: November 10, 2009 Petition: LDRA-09-OS-000022 Page 24 of 34 . _ .�sr.e� ni�e��e:-r��ioi��aw (4�) Compliance. Comply in all respects with the approved subdivision plan. (Sb) Surety. The development order and surety, if required, shall be provided in a form satisfactory to the city engineer, city attorney, and city manager in an amount established by these regulations. (6�) State law. Demonstrate compliance with F.S. Chapter 177. (7�) Additional information. Provide, in a form acceptable to the city engineer, the following docuinents: a. a certificate of cost estimate prepared by a registered engineer; and b. a certificate from the city and county showing up-to-date payment of city and county property taxes, and an absence of any outstanding city or county liens, assessments, or other county taxes against the property. • • . . .. .. . .- : . . . . . .. .. . : � .. (8-�-9) Permits. Provide evidence of all pennits or agreements that authorize the construction of all required iinprovements. (c) Standards foY approval ofplczts. The purpose of this subsection is to set forth the standards and criteria that the city shall consider in detennining whether to approve ar deny an application for plat approval. A plat for a proposed subdivision or boundary plat for a proposed development pernlit sha11 not be approved unless the application complies with the standards and criteria listed below. (1) Compliance. The application complies with the requirements of these regulations regarding the form and conteilt of the plat, timely submittal, offers of dedication, and requirements of the development order. (2) Coizzpliance with state law. The application complies with the requirements of F. S. Chapter 177, regarding the forin and content of plats offered for recording prepared by a land surveyor licensed in the state. If the city chooses to verify the survey data shown on the plat, the city shall utilize a surveyor at the expense of the applicant. (3) Surety. Adequate surety has been provided in a fonn acceptable to the city engineer and city attorney for the completion of required iinprovements in accordance with subdivision III of this division. (4) Land development regulatioils. The application complies in all respects to the requirements of the land development regulations of the city. (5) Subdivision plan. The plat conforms to the approved subdivision plan, PUD, PCD or site plan. Meeting Date: November 10, 2009 Petition: LDRA-09-05-000022 Page 25 of 34 (d) Submission and �eview. (1) Copies. Four copies of the plat on paper, electronic medium, or other mediuln authorized by the city engineer and growth management department, shall be subinitted to the growth management department. - � . . . . : : : . : : . �s e� . . ... :-..•.. (2�) Review. The plat sha11 be reviewed by the department and the development review committee to determine that the plat meets the requirements of this division. Upon detennination by the department that the plat meets the requirements of this division, an original mylar of the plat, pursuant to F.S. Chapter 177, shall be transmitted to the city council for approval. • . . .. -. . -. . .-. . :: : :.. .. . . . : . . ... : • . . . � .:. : .. . . . -. -. . . - . ' .. . . . . . . . . . :.. . . . . . - . -. . . . . .' .. �. � . . -. . . . �..•:. ... ... .. . : � "' . : . : ". : : . . . . . -. .. . -. � . . . ". . . . 0 . � .. •. .- . � . ' � ' : . ' .. � . . : - : : . . . 0 .. (e) Technical Compliance. The pur�ose of Technical Compliance is to provide a review of the pro�osed final plat and all a�plicable required iinprovement en�ineering plans for conformance with technical and le�al requireinents of this section other applicable provisions of this Code, and the approved final subdivision plan (including an�pecial conditions of a�roval) PUD PCD or site plan prior to a�plication by the develo�er for issuance of a land development pei7nit and submittal of the final plat for recordation. (a) Technicc�l Com�liance A�pYOVaI. The stateinent of teclmical compliance shall be in writin� and furnished to the a�plicant as part of the final �lat application review process. The statenlent shall contain the followin� conditions and infonnation: �1� The name of the document's reviewed; (2) The amount of suret�for the construction of required iinproveinents, established in accordance with Chapter 78 of the City's Code of Ordinances; (3) Requirements for submittal of su�lementary documentation deemed necessary bv the citv engineer such as deeds easements, covenants and other recording instruments creatin rights or obligations for access, draina�e or utility seivices, which rights or obligations could not be established throu�h dedications or Meeting Date: November 10, 2009 Petition: LDRA-09-OS-000022 Page 26 of 34 reservations on the plat. �b) Any change to the final plat however approved, in the opinion of the r� owth mana�ement director which would cause a substantial change or revision shall void anv ��rovals issued regarding the construction ar preliminary plat plans. Such determination shall be forwarded in writing to the developer within 10 business days. [Note: The language for signing and recording a plat been moved to Section 448 with no changes. is section has been moved to Section 78-448. The requirements for �nal plat have been inserted in this section. The majority of the provisions of the �nal platting process have remained the same with some additions and modifications, including Technical Compliance.] Sec. 78-448. Signing and Recordation of plat. c„'�m;��;^N YO/1111N�119�Y1�P �,,,. �„�,a;<.;�;,,,, �e�eseres� ... .. . �:: : � .. : : .:: : . ... : •. .: ��: : _. _. . . . _ _. . . . . • . � . . .-. . . ._ .. . . . . : . . . : - : . • : • � . • . . - . :. • ` ' ' -. . . ' • .. ' . . •.. . . . - . : • . .:. . . •. � ..0...:�.•..: � ' ' ' ' ' " ' • . �' . . . . '.. 0 . • . :. . . . . . . . -. .. . . . . . .- . ' •' ' ' . ... . .. . . • . . - . ...�:. :.: : : ." : . : : : . •. :' .� � = � .. � .� �.. •'.. • : � : ... . . :." . : . : . : • . . : : . 0 : . : � : : ' ' ' . . : . 0 :. . . . .. . -. .- . . .- . . . . . .' .. . .- . ..• . � . . .• C 0.• 0 '. •• ' . 0 C 0 0. . 0'.0 . 0• .. . 0 0 .. 0 C 0.' ' ` ` ' ' " ' ' .. : . ... . . . .. . '. . . .. . . ' ' ' ` ' . .. . .. . . :. . . :. . . .. . ' ' ' ': . . ' ' ' ' . . . . . . . ' ' ' " '. ... 0 . - •.. . .." . • . . • . .." . : . .. . .- ' .:: . . . • . . � �..0 0 . . �.:0 0 . . .: "' 0 0 0 . ' ' . -. . . -. -. . . .. .. . . . :' . • . . .' . . . - . • . . � .. .:0 0• : . :° . 'C C' . 0 . . 0:0 " 0' 0. . . .. -. . . . . . . ..: . . . . :" . :. . . '.. . ' ' ' ' ,• � �� . � " 0.• .. 0. C ' 0 . 0.0 0 0" 0. Meeting Date: November 10, 2009 Petition: LDRA-09-OS-000022 Page 27 of 34 • . . ' ' ' . .. . . . . . . . . . . . . . . . � .. . . .- .. . . . . - . . . � � .. 0 7 C 0 ". . '. •• � 0 '. "'• 0' ' ' ' . 0;• - '. 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"• ..: . . .. ' . '" :. .0 0 " .. - �� 000 „ 0 C . . 0 0 . - � ► . . . . . . . . . . " '• ' ' . . . ... ... . . . . . . . . � . . . . � � i ' • i ' i • • i . � i • ' � i i � � • � • � • � • � • � � � � ' � • � • • � � � . � • • � � � • � • i . � • i � � . • � � � � � � � � • . • • � � � • • � • • � • • � • • � i • � • � • ' i • i i • i � • • ' � � � � • � • • • � • � • • • - � i • - � � � � • • � • • • � � � � � � . i � • � • � � • • • • � • � • � • • � / � � � i • • � • • � � • � • . i � � i � • i • � • • • • • • � i • � � • i � • i � • � � � • � � � • • • � • • • • • . • • � • . i � � . • � • • • � . � i • • - • • • � • • � i � ' � � • • � • � � � = • � • � • � • • • • • � � Meeting Date: November 10, 2009 Petition: LDRA-09-05-000022 Page 28 of 34 - - - - - -. . . . _. . . .. -. . . . -. ... . . -. .. ... . � . . -. . . ... . - 0 -:0 0' •. 0 0 • 0 0 •. 0' 0 0 . • :. • •." 0 0 ." '. . C '• ' '• ' ` . • 0° �. 0 : •. • . . . . . -. .. . .".. . 0 . . .. 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'-' . .. ., .. � �' . . • " " ' . . . • . . . . • . . . . • . 0 . . . -. 0 ' . . '• ' ' ' '. . -. -. . . . . . . . . :" . ".. . . . . . • -. � . . : . • ' ' ' ' . . . . . . .- . . . . . . . ' ' ' ' . . . . ' " ' ' . . . -. .. . . . . . . ' ' ' ' " - ' ' - . � .. : . • . - . . . . .. . .. . . .. .� _. . . . . ' ' ". . . 0 . . •. 0 .. . . . .. •. . . . 0 . . . •. C" . " 0 0 . ': : ' • ." . 9 : 0." . : . . . . . . :. . . . . � •. .. . 0• •' 0 0 . : •: 0 0 0 .. ' ' . . ' '' - � C : " . 0 0 . ." � C •. 0 . 0 . .. . . .. . . . . . . .. . . . . . . . . . . ... •. . Meeting Date: November 10, 2009 Petition: LDRA-09-OS-000022 Page 29 of 34 . . . . . .. .. . , . . - -• • - - -- - • - . . . . � . . . ... . �. - . . .. . . . . • . . -. .. '• ' • ' •' . ." . . . : . . .. - . . . - -•• • . 0' ...0 0 . 0:0 'C . . . 0 .' 0 � 0' 0 �:.....�.:��. 0 � 0 0 . : C ' � 0 0 . . 0 - . : ' . • '. . 0 ' - 0 " 0 0 0 .0• . 0 : � ' ' ` ' '• "• " : . 0 . . . . . C' . •. :" . . ..,. . C 0' . '.: : . . 0 0' .. 0 :• 0 ". '0 ". � ' '� '• ' ' ' ' ' . - . . . :. : . ... . .: . . . . . .- _ . . . -. . . . . . . . • ".. . . . . . • . . . ' . . � . � . �� i � �� . ... . .. • i i • • i � � � ' ' • �" . : .. . �a) Signin�of �lat. Si nin� of the subdivision plat or boundarv plat is subject to the provisions listed below. (1) City en�ineer. The cit ��en�ineer shall si�n the final plat prior to the ma� �2) Mayor's si�nature. The lnayor shall endorse approval on the plat after all the conditions of the approval of the plat have been satisfied. (3) Required im�rovements. When installation of improvements is required �rior to recordation of the plat the n�ayor shall endorse a�proval on the plat after all applicable conditions of the development order have been satisfied and all improvements satisfactoril�ompleted. There shall be written evidence that the required improvements have been installed in a manner satisfactory to the city as evidenced by certificate of completion si ng ed by the applicant's engineer and approved by the cit ��en i�r� neer. (b) Subinission of di�ital files. (1) Electronic inedia. Prior to plat recordation, the property owner or owner's en�ineer shall submit on city-a�proved electronic media digital files for final construction plan data and final plat survey data. The files �rovided to the city shall show all final plat survey data and line annotations, including, but not liinited to the followin�: a. Lots; b. Roadways; c. Easements; d. Preserve areas; e. Buffer areas; £ Maintenance areas; and g. Other specified information which appears on the inap portion of the �lat. The files shall also contain all final construction plan data as stated above. The coordinate positions within this file are to be rotated and translated to State Plane Coordinates in the North Ainerican Datum of 1983/adjustment of 1990 (NAD 83/90) Florida East Zone, or currently a��roved datum, based upon the required tie-in to �eodetic control. (c) Recordation of plat. (1) Execution. The mayor and city engineer shall execute the ori ig nal plat. Meeting llate: November 10, 2009 Petition: LDRA-09-OS-000022 Page 30 of 34 (2) Filin�. The city clerk shall file the �lat in accordance with F.S. Chapter 177. (d) Phasin� of plats. Prior to g;rantin fi�l a��roval of the plat, the city may permit the plat to be divided into two or more phases. The citv council ina�impose such conditions upon the filin� of the phases as it may deem necessary to ensure the orderly development of the plat. The city may require that the development order and suret�be commensurate with the phases of the plat to be filed and may defer the remaining amount of the surety until the remainin�phases of the plat are offered for filin�. (e) P1at preparation A plat shall be prepared by a land surveyor licensed in the state pursuant to F.S. Chapter 177. Four pa�er prints of the plat shall be submitted for initial review. Upon revision one mylar of the revised plat shall be submitted for si�natures and recordation. (Ord. No. 17-2000, § 223, 7-20-00) Sec. 78-449. Submission Requirements for subdivision approval. (a) �plication. A�plications for subdivision plan approval shall submit the infonnation as required in this section and described herein. �1) A�plication. A�plication fonn as provided b��rowth management department. (2) Area location map. Located on the front cover sheet of the subdivision plan, indicatin� the followin�: a. General vicinity or location ma�drawn to scale, both stated and graphic; b. The position of the proposed development in the section, township, and ran�e; and c. The �rincipal roads city limits and other �ertinent orientation infonnation as may be required bv the city engineer or growth manageinent department. (3) Authority. A statement of the applicant's interest in the property and: a. If joint and several ownership a written consent to the application by all owners of record; b. If a contract purchase, written consent of the seller or owner; c. If an authorized agent a co�y of the agenc��reement or written consent of the owner; d. If a lessee a co�y 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 authoritv to represent the corporation �artnership or business entity or in lieu thereof, written proof that such representative is in fact an officer the corporation; or £ If a group of conti ug ous property owners all the owners of the property described in the application must provide written consent. (4) Subdivision�lans. Subdivision plans subinitted pursuant to this section shall contain the information listed below and in such number as required by the �rowth inanageinent de�artment. The subdivision plan shall be pre�ared in sufficient detail to illustrate the proposed development such that once ap�roved the plan can be used as a basis for the preparation of construction plans and plat. a. All plans shall be drawn to a scale that is sufficient or necessary for proper review of the proposal. b. A description of the future land use and zoning desi�nations and boundaries, and development characteristics surroundin� the site of the t�roposed developinent. c A statement indicatin� the consistency of the proposed land uses with the future land use plan Meeting Date: November 10, 2009 Petition: LDRA-09-OS-000022 Page 31 of 34 and zoning desi�nations. d. The front cover sheet of each plan shall include: 1. A coinplete legal description of the propertv; 2. The area of the property shown in acres; 3. The name, address and telephone number of the applicant; and 4. The name business address, and telephone number of those individuals responsible for the preparation of the drawings. e. Each sheet shall contain a title block with the name of the developinent stated and �raphic scale, a north arrow, and date. f. Boundary surve� g. Physical and environmental conditions. 1. Existin� contours at one-foot intervals based on field surveys or photo�rametric surve� usin c�nt,y data for the tract to be subdivided and extending a minimum of 100 feet beyond the tract boundarv. 2. Identification of on-site soils usin�the U.S. Soil Conservation Service classification s s� 3. The anticipated wet season water table, as determined bv a registered en ig neer• 4. The location depth and extent of all soils defined as unsuitable for development where development is proposed to encroach into those areas, as detennined by a re�istered engineer. 5. Identification of all native habitats and environinentally si�nificant areas, includin� but not limited to freshwater marsh cypress domes and strands and wetland hardwood vegetative communities. Wetland jurisdictional boundaries should be shown. All identified conservation areas which are to be retained will be shown and noted as a"conservation easement." 6. The 100-year flood elevation data for the proposed development site as indicated on the flood insurance rate inap (FIRM prepared by the Federal Emergenc��ement Agency. Where the 100-year flood elevation has not been established, the applicant shall conduct the necessary drainage basin studies to establish the 100-year flood elevation to the satisfaction of the city en�ineer. h. Names of all abutting subdivisions and location of adjoinin platted lots and parcel lines within 100 feet. Identification of all abutting unplatted �roperty. i. Existing roads utilities drainage easements and improveinents, includin� buildiil�s located within 100 feet of the boundaries of the site. j. The �roposed residential commercial and industrial land use types, developinent densit �� intensity and minimum lot size. If residential the nuinber, height and type of residential units. k. Lot desi�n, includin� the followin�: 1. Total nuinber of lots; 2. Lots, drawn to scale, aild typical lot dimensions; 3. Tracts for inultifamily developsnent; and 4. Setbacks from sri•eets and highwa ��s. 1. Ap�roxiinate phasing and acres in each phase of the project, if applicable. in. Location of all sites for multifamily, commercial, industrial, utility, institutional, or recreational uses and other public and non�ublic uses exclusive of sin�le-family residential lots. n. Required improvements, includin� the infonnation listed below. l. The name location and ri�ht-of-way width of all existing streets, rights-of-wa�platted streets within 500 feet in each direction of the proposed entrances to the proposed subdivision. Meeting Date: November 10, 2009 Petition: LDRA-09-05-000022 Page 32 of 34 2. Pro�osed streets including: �i) The name ar temporarY designation and right-of-way width; �ii Typical design cross section indicatin�pavement type width draina�e features, sewer and water main locations utility locations, and sidewalks and bikeways; �iii) Separate cross sections for all entrance roads featurin� medians with a note ex�laining maintenance and ownershi� responsibilit� (iv�ny streets in the county thoroughfare im�rovement plan and the comprehensive plan of the city; and (v) Pro�posed ownership and maintenance of streets. 3. Statement re ag rdin� an�proposed vacation of ri�hts-of-wav or easements. o The proposed method and source of water sup�lv and wastewater treatinent shall be shown. The subdivision plan shall show the �oints of connection to the existin� s st� p A stonnwater mana e�nt plan will be provided with a schematic diagram of the proposed stormwater collection svstem method of pollution control, and stonnwater retention and detention with preliminary calculationsThe direction of flow for all surface drainage and existing storm sewers on or abutting the tract shall be shown. 1. Proposed stormwater retention and detention areas shall be shown on the plan. 2 Basin analyses for "pass through" draina�e shall be provided, and for lar�er developinent, the city ei�ineer may require a�roval of a conceptual environmental resources permit (ERP) from the South Florida Water Management District. q The location of landscape buffers or screenin�walls along external collector and arterial roads with landscape plans for entrance features subdivision streets buffers and common areas in compliance with division 7 of article V. r. The location and nature of any_proposed shoreline ve�etation alteration. s The location width purpose and maintenance responsibilities for all proposed easements facilities or rights-of-way other than for streets. t Compliance with division 4 of article V pertainin� to natural resources aild environmentally significant lands and other ordinances included in the land development regulations. u Coinpliaiice with the comprehensive plan including a determination the subdivision plan complies with the city's concurrency requirements. (5) Construction plans. Construction plans shall be prepared for required iinprovements containin� the minimuln requireinents as indicated below. a Complete horizontal control of the �roject sufficient to construct the project and detennine the dimensions of all site improvements. b Gradin�plan showin ori�inal and final contours at one-foot intervals. Final contours inav be oinitted if sufficient infonnation such as pad elevations and spot elevations are provided to show final detailed elevations of all iinproveinents includin� the periphery of the property and areas around lakes and alon� watercourses. c. Plan showin� the location and tXpical cross sections of street �aveinent including the followin�: 1 Concrete curbu� sidewalks utility and draina�e easements, rights-of-wav, manholes, and catch basins; 2 The location size and invert elevations of existin� and pro�osed wastewater sewers and storm sewers; and Meeting Date: November 10, 2009 Petition: LDRA-09-OS-000022 Page 33 of 34 3. Location and size of existing and proposed water, gas and other under�round utilities or structures. d. All specifications and rec�uirements described in article IV, including a draina�e plan. e. En in�g calculations in su�port of proposed plans and s�ecifications. All construction plans and supportin� documents submitted to the city engineer for review and approval shall bear the date, seal and si�nature of the en�ineer of record responsible for the plans. (6) Presentation of infonnation. The information required may be presented textuall� graphically, or on a map, plan, aerial photog_raph, or by other means, whichever most clearly conveys the required information. It is the res�onsibility of the applicant to submit the information in a form that allows ready detennination of compliance with the requirements of this division. (Ord. No. 17-2000, � 224, 7-20-00) Secs.78-45049--78-460. Reserved. [Note: Nothing in Section 78-449 or 78-448 has changed. The text has been relocated in order to structure the submission requirements more appropriately.] i�C X X � X �'. STAFF ANALYSIS The proposed inodifications included in the LDR text amendment are to provide consistency within the various sections pertaining to subdivisions aild plats, and do not inaterially alter the way the City has processed platting and subdivision requests. However, a new section regarding preliininary plats has been created, and additional platting exceptions have been added. Pt�eli�ninczry Plats A prelirnillai°y plat provides for the subdivision of land into separate lots, each properly designed for a certain type of development. Specific subdivision collsideratiolis include lot size, open space, density, street layout, access, floodplains, utilities, easements, and public improvements. A preliminary plat option has been included to provide the benefit for a developer to move forward with preparing engiileering plans and obtaining land development petmits, such as a land clearing or infrastructure permit after preliminary plat approval. Currently, a developer would be required to plat the site prior to obtaining ai�y land developmeilt pennits. During this lag pei-iod the final plat circulates for signatures and scheduling for the next available City Council agenda. Staff believes that the proposed process would streamline the development schedule and provide developer's the opportunity to begin construction of the improvements. Meeting Date: November 10, 2009 Petition: LDRA-09-OS-000022 P1ge 34 of 34 Plattin� Exce�tions Specific criteria has been added to Section 78-428, entitled Exceptions, to further define the applicability, process, and requirements in-lieu of platting. The existing LDR regulations permit an exception in the event that land is subdivided into more than ten acres without the need to modify access, easements, or public infrastructure. The proposed language in the LDR amendment would allow additional exceptions that would permit land to be subdivided in certain instances. The additional exceptions would allow minor subdivisions, which do not pose any negative impacts to the City or surrounding properties, to subdivide and submit a certified survey in-lieu of a plat. STAFF RECOMMENDATION Staff recommends APPROVAL of the Petition LDRA-09-OS-000022. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Date Prepared: October 22, 2009 ORDINANCE 36, 2009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING CHAPTER 78. LAND DEVELOPMENT. TABLE 1 OF SECTION 78-43. DEVELOPMENT ORDER REVIEW. IN ORDER TO PROVIDE CONSISTENCY WITH REVIEW OF SUBDIVISION AND PLAT APPLICATIONS; AMENDING CHAPTER 78. AT SECTION 78-426. VARIANCES., AMENDING CHAPTER 78. LAND DEVELOPMENT. EXCEPTIONS., TO ALLOW FOR ADDITIONAL CRITERIA TO SUBDIVISION AND PLAT EXCEPTIONS; CREATING SECTION 78-429 AT CHAPTER 78. LAND DEVELOPMENT. ENTITLED, "REQUIREMENTS IN-LIEU OF PLATTING"; FURTHER AMENDING CHAPTER 78. LAND DEVELOPMENT. AT SECTION 78-444. SUBDIVISION PLAN REVIEW AND APPROVAL PROCESS., UPDATING THE SECTION TO REFLECT CURRENT PROCEDURAL PRACTICES; AMENDING SECTION 78-445. CONSTRUCTION PLANS., PROVIDING FOR CRITERIA TO BE INCLUDED WITH ENGINEERING PLANS SUBMITTED FOR SUBDIVISION REQUESTS; AMENDING CHAPTER 78. LAND DEVELOPMENT. AT SECTION 78-446. PLAT REVIEW AND APPROVAL PROCESS., CREATING REGULATIONS FOR THE REVIEW AND APPROVAL OF A PRELIMINARY PLAT; AMENDING CHAPTER 78. LAND DEVELOPMENT. AT SECTION 78-447. SIGNING AND RECORDATION OF PLAT., INSERTING FINAL PLAT REVIEW AND APPROVAL PROCESS AND RELOCATING EXISTING SECTION TO 78-448; AMENDING CHAPTER 78. LAND DEVELOPMENT. AT SECTION 448. SUBMISSION REQUIREMENTS FOR SUBDIVISION APPROVAL., INSERTING THE REQUIREMENTS FOR SIGNING AND RECORDATION OF PLAT AND RELOCATING EXISTING SECTION TO 78-449; CREATING 78-449 AT CHAPTER 78. LAND DEVELOPMENT., ENTITLED, "SUBMISSION REQUIREMENTS FOR SUBDIVISION APPROVAL", PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78, LAND DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Council has determined that a need exists to clarify the application review process for subdivisions and plats; amend all sections relating to subdivisions and plats in order to provide consistency within the various sections; and create a new process for the review and approval of a preliminary plat; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Ordinance 36, 2009 WHEREAS, City staff has initiated an amendment (Petition LDRA-09-05-000022) to the City's Land Development Regulations amending Chapter 78. Land Development; and WHEREAS, on November 10, 2009, the Planning, Zoning and Appeals Board, sitting as the Local Planning Agency, conducted a public hearing and recommended approval and adoption of the proposed amendment to the City Council with a vote of _- _; and WHEREAS, the City Council has determined the adoption of this Ordinance is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: 16 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 17 18 19 SECTION 2. Chapter 78, Land Development of the Code of Ordinances of the 20 City of Palm Beach Gardens, Florida is hereby amended at Section 78-43, Table 1. 21 Development Order Review. by providing that Section 78-43, Table 1, shall hereafter 22 read as follows: 23 24 25 26 27 28 Table 1: Development Order Review TABLE INSET: --_.„�._� .,� Development Order Application Staff DRC PZAB CC Rezoning, Standard C � A �}- 0 Rezoning, Overlay (including PCD and C � A �� PUD) — 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Ordinance 36, 2009 Rezoning, Planned Development Area C ✓' A �} 0 Major Conditional Use C � A {� ❑ Minor Conditional Use C {� ❑ Variance C D � ❑ LDR Text Amendment C A {� ❑ Site Plan Review, Major C � A {� O Site Plan Review, Minor C � {-}- Site Plan Review, Administrative C�� ❑ Subdivision* C � A A�� ❑ Preliminary Plat* C A/❑ Plat* C A�� ❑ DO Change, Non-Administrative C � A {-} ❑ DO Change, Administrative C�� ❑ �See Division 10, Article 5 of this Lhapter. SECTION 3. Chapter 78, Land Development Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended; providing that Section 78-421 shall hereafter read as follows: Sec. 78-421 Sec. 78-421 Policy. Policy. (a) Comprehensive plan. The subdivision of land and the subsequent development of the subdivided property shall be consistent with the city's comprehensive plan. (b) Concurrency. Any subdivision of land, as defined in these regulations, shall comply with the concurrency requirements of division 3 of article III. (c) Other requirements. This division shall supplement and facilitate the enforcement of the provisions and standards contained in the city's building and housing codes, the land development regulations, and the capital facilities element of the city's �? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Ordinance 36, 2009 comprehensive plan. The standards and provisions of this division shall apply equally to the subdivision of land and creation of preliminary and boundary plats. (d) Prior subdivisions. Land that has been subdivided prior to August 18, 1994, should, whenever possible, be brought into conformance with the standards of this division. (Ord. No. 17-2000, § 209, 7-20-00) SECTION 4. Chapter 78, Land Development Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended; providing that Section 78-426 shall hereafter read as follows: Sec.78-426. Variances. Requests for a variance from one or more provisions of this division shall be reviewed by the �4 planninq, zoninq, and appeals board (PZAB) pursuant to section 78-53. (Ord. No. 17-2000, § 214, 7-20-00) SECTION 5. Chapter 78, Land Development of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended; providing that Section 78-427 shall hereafter read as follows: Sec. 78-427. Enforcement, violations and penalties. (a) Enforcement and prohibited acts. Violations of this division shall be enforced as provided in article VII. (b) Prohibited acts. (1) Plat approval required. a. It shall be unlawful to transfer or sell any parcel of land located in a proposed land development project or subdivision before a plat of the project or subdivision has been approved by the city council and recorded with the clerk of the circuit court of the county. b. If a parcel of land is to be developed other than as a subdivision, a�a-r� plat shall be prepared, approved by the city council, and recorded with the Clerk of the Circuit Court of Palm Beach County. All applicable permits and required agreements from other agencies to undertake the proposed land development shall be obtained prior to presenting a proposed plat for approval by the city council. c. Any plat or plats for a proposed development or subdivision must be approved by the city council prior to issuing a building permit to commence site construction for any vertical construction. (2) Metes and bounds. The subdivision of any lot or any parcel of land by the use of metes and bounds description for the purpose of sale, transfer, lease, or development is prohibited, or otherwise provided for in Chapter 78 Section 592. � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Ordinance 36, 2009 (3) Permits and certificates of occupancy. Building permits or certificates of occupancy shall not be issued for the construction or occupancy of any building or structure located on a lot or plat subdivided or sold in violation of this division. (4) Recordation. A plat shall not be offered for recording by the clerk of the circuit court of the county until the plat has been approved by the city council and signed by the city engineer. (5) Misrepresentation. A property owner or agent for the property owner shall not falsely represent to a prospective purchaser of real estate that roads and streets, wastewater systems, water supply systems, surface water management facilities, or other public facilities will be built, constructed, or maintained by the city. (c) Remedies. Violation of this division shall be enforced pursuant to article VII. Each day the violation continues shall constitute a separate offense. The city council shall have recourse to other remedies in law and equity as may be necessary to ensure compliance with this division. (Ord. No. 17-2000, � 215, 7-20-00) SECTION 6. Chapter 78, Land Development of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended; providing that Section 78-428 shall hereafter read as follows: Sec.78-428. Exceptions. •- - -- - -- • - - - - -.. . . -• -- - - •- -- ---- - - - - - -- - - - - - - .• -- . - -.--- . . .. . - - ..._. ..._. . . . . . ... :.-••-- -- : -- ---••-- . .:- :- - - -- .._.- -- - -- - -- -- (a) Pre-application meetinq. The developer shall request a pre-application in the manner prescribed by this chapter. The qrowth manaqement department, in consultation with the city enqineer shall review the pre-application and shall determine if the below conditions exist and upon such determination, the applicant may file a petition for administrative approval by the qrowth manaqement department to delete the requirement for platting. �1) Applicability. No subdivision, PUD PCD or site plan shall be platted or recorded nor shall any buildinq permit be issued unless such subdivision meets all the provisions of this chapter and those of any applicable laws of the State of Florida, and has been approved in accordance with the requirements as herein set forth, except that the followinq shall be exempt and not subject to the provisions of this chapter. (2) Process. Development applications and required fees shall be submitted to the 5 Ordinance 36, 2009 1 qrowth manaqement department in the same manner as a petition for administrative 2 approval. 3 4 (a) The combination or recombination of portions of previously platted lots where 5 no new parcels or residual parcels result in lots of less area, width, or depth than 6 the oriqinal platted lots or the existinq replotted lots, where no new street is 7 created and where all current district requlations can be met for the zoninq 8 district in which the property is located. 9 10 (b) The sale or exchanqe of parcels of land to or between adioininq propertv 11 owners where such sale or exchanqe does not create additional lots and does 12 not reduce any lot to area less than the zoninq district in which the property is 13 located permits and no dedications or improvements are required under this 14 chapter• 15 16 (c) Tracts of parcels of land shown on unrecorded maps, plats, drawinqs or 17 surveys which tract or parcel was at the time of preparation of such map, plat, 18 drawinq or survey under the ownership of a sinqle person, firm, partnership, 19 association corporation ioint venture estate, trust ioint tenancy, tenancy by the 20 entireties or other combinations of persons actinq as a unit where such map, plat, 21 drawinq or survey was in existence prior to the effective date hereof and where at 22 least thirty (30) percent of the parcels tracts or lots shown on said unrecorded 23 map plat drawinq or survey were subject to deeds, aqreement for deeds, 24 installment land sales contracts or other instruments of conveyance properly 25 executed prior to the effective date of this chapter and where the land 26 encompassed by said unrecorded map plat, drawinq or survey was reqistered 27 with the Department of Business Requlation Division of Florida Land Sales, prior 28 to the effective date of this chapter or such unrecorded map, plat, drawinq or 29 survey was certified by a land surveyor duly licensed by the State of Florida, or 30 was an official part of the records of the Palm Beach County Tax Assessor's 31 Office prior to the effective date of this chapter. 32 33 (d) The division of real estate property is for the convevance of land to a federal, 34 state county or municipal qovernmental agency, entity, political subdivision or a 35 public utility, as defined herein. 36 37 (e) The division of land into parcels of more than ten acres not involvinq the 38 need to create any new access chanqe in existinq access, public easements, 39 utility easements or public infrastructure improvements is not to be deemed a 40 subdivision within the meaninq of these requlations. 41 42 �f) Minor alterations or chanqes to the approved plat or plan of record, which 43 affect less than 25 percent of the site shall be deemed a minor alteration 44 includinq but not limited to siqnaqe additions or relocations, minor utility 45 relocations, or modifications to easement locations. Minor alterations may be 46 a�proved, when considered cumulatively with previous minor alterations, which �; � Ordinance 36, 2009 1 as determined bv the qrowth manaqement director, does not deviate materially 2 from the approved or existinq conditions. 3 4 5 SECTION 7. Chapter 78, Land Development of the Code of Ordinances of the 6 City of Paim Beach Gardens, Florida is hereby created to establish requirements in-lieu 7 of platting; providing that Section 78-429 shall hereafter read as follows: �. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Sec. 78-429. Requirements in lieu of platting. If pursuant to section 78-428 of this article, plattinq is not necessary, in lieu of plattinq, a certified survey shall be submitted to the qrowth manaqement department, prior to qrantinq of the exception. The city council shall reserve the riqht to require deeded riqhts-of-way and easements reservations or improvements required in connection with plattinq under this chapter including the postinq of a perFormance and maintenance bond as may be necessary to carry out the intent and purpose of this chapter. SECTION 8. Chapter 78, Land Development of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby created to establish cross-references to other sections; providing that Section 78-430 shall hereafter read as follows: Sec. 78-430. Other requirements for platting. (a) Other plattinq sections. In addition to those provisions contained herein, the followinq sections shall also apply to subdivisions and plattinq. (1) See Sec. 78-43 Table 1 for plat and subdivision development order review (2) See Sec. 78-572 for requirements for dedication of lands for recreational puposes (3) See 78-575 for dedication of land for other public uses (4) See Sec. 78-591 for preservation requirements for environmentally siqnificant lands (5) See Sec. 78-592 for metes and bounds subdivision requirements. (6) See Sec. 78-593 for plat vacation requirements. Sec.78-431�--78-440. Reserved. 40 SECTION 9. Chapter 78, Land Development of the Code of Ordinances of the 41 City of Palm Beach Gardens, Florida is hereby amended; providing that Section 78-441 42 shall hereafter read as follows: 43 44 45 46 Sec. 78-441. General application procedure. (a) Plan and plat approval required. Before any land is subdivided, the owner of the � Ordinance 36, 2009 1 property proposed to be subdivided or owner's authorized agency shall apply for and 2 secure approval of the items listed below: 3 (1) Subdivision plan; 4 (2) Engineering plans; and 5 (3) Plat. 6 7 (b) Coordination with other development order app/ications. Plat approval of the 8 subdivision of land shall be required whenever an application for development approval 9 includes or anticipates the subdivision of land. Upon city council approval of a PUD, 10 PCD site plan, conditional use, or other development order necessitating a subdivision, 11 an applicant shall proceed with the preparation of the plat and enqineerinq �^„�+r,,,,+;,,r 12 plans for the area to be subdivided, as described in these regulations, unless modified 13 by the city council for a PUD or PCD. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 '� •e� -- -- � .. .. . ---• -- --- . . .- - - . .- - - - - .-: : -- -- --••-- - -- - -- -- -•. -- - -- --.- : . -- -- .. . : - -- .-- - -: : " :-' " ' " ' " " ' ' ' : '" ' ' � : : � � . � : �� •• � • � � � � �.r � . .. �� SECTION 10. Chapter 78, Land Development of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended; providing that Section 78-444 shall hereafter read as follows: Sec. 78-444. Subdivision plan review and approval process. (a) Application procedure and requirements. The applicant shall submit for approval a subdivision plan to the department pursuant to this section below�-446�— (1) Schedule. The applicant shall submit the required application form and information to the growth management department, and the application shall be reviewed pursuant to the schedule indicated in Table 39. Table 39: Development Review Schedule Notes: *Working days are Monday through Friday, excluding city holidays. -- = Not Applicable DRC = Development Review Committee MAX = Maximum MIN = Minimum TABLE INSET: Action Working Days* Pre-Application Meeting -- �, � Ordinance 36, 2009 Submit Application -- Completeness Review MAX 7 Staff Decision MAX 14 DRC Review MIN 14 � Q.,�o�+en— �04�� 4 Planning, Zoning, and Appeals Board Meeting MIN 7 City Council Workshop/Meeting MIN 23 City Council Meeting MIN 10 1 2 (2) Public meetings. All applications for development orders to consider a subdivision 3 request may be subject to a-�--a��e�#ise�-a public hearing by the planning, 4 appeals board and the city council. Prior to scheduling a public hearing, 5 management department staff may schedule one or more workshops to 6 application with the planning, zoning, and appeals board or city council. 7 8 9 10 ��; zoning, and the growth review the 11 SECTION 11. Chapter 78, Land Development of the Code of Ordinances of the 12 City of Palm Beach Gardens, Florida is hereby amended; providing that Section 78-445 13 shall hereafter read as follows: 14 15 16 17 18 19 20 21 Sec. 78-445. Enqineering Plans review and approval process. Upon approval of the subdivision plan by the city council, the applicant shall submit engineerinq Ip ans r'^nc+r�iniirin n��n�. The engineerinq plans r'nr�oiri,,.+,�„ n��n� must be submitted prior to or simultaneous with the plat, as described in section 78-446. �1)Enqineerinq plans. 22 23 �a) Prior to construction and final plattinq of a subdivision or planned 24 development, four (4) sets of enqineerinq plans shall be submitted to the city for 25 review. Enqineerinq plans shall be approved by the city prior to the construction 26 phase and prior to fina) plat approval. 27 28 29 30 31 �b) The enqineerinq plans shall be prepared by a professional enqineer reqistered and licensed in the state of Florida. Each sheet of the enqineerinq plans shall be siqned by and shall bear the seal of such enqineer. 32 �) Each sheet of the enqineerinq plans shall be the same size and shall be no 33 larqer than 24 inches by 36 inches. The sheets of the enqineerinq plans shall be 34 numbered consecutively and attached together. � 2 3 4 Ordinance 36, 2009 (d) The scale of the enqineerinq plans shall be one inch equals not more than 60 feet. 5 (e) The enqineerinq plans shall desiqnate the location of all water, sewer, and 6 reuse lines within existinq easements or riqhts-of-way held by the city or other 7 appropriate qovernment aqency or within proposed riqhts-of-way or easements 8 as depicted on the preliminary plat. 9 10 11 (f) The followinq are required to be shown on the final enqineerinq drawinqs: 12 (1) The location of all proposed water, sewer, and reuse facilities, both on-site 13 and off-site includinq size and qrades, main and/or line routes, line sizes, 14 manholes fire hydrants, service connections, valves, laterals, and lift stations. 15 Standard details for the water, sewer, and reuse systems, includinq type of pipe, 16 service connections manholes fire hydrants, and lift stations, shall be provided. 17 The water system shall be sized so as to provide adequate fire protection in 18 compliance with the recommendations of the National Fire Protection 19 Association. 20 21 �2) A surface and stormwater drainaqe system, includinq location and elevation 22 of all structures and culverts with sizes and qrades and typical cross sections of 23 drainaqe facilities canals and waterways. All pertinent calculations pertaininq to 24 retention/detention areas utilizinq the applicable permittinq aqency's 25 requirements shall also be included. 26 27 28 (3) Sidewalks includinq location, elevations, and typical cross sections. 29 (4) Streets, includinq plan and profile views, typical cross sections of proposed 30 aradinq and pavement and curbinq details with compaction under pavement. 31 32 (5) Bulkheads, if applicable. 33 34 (6) If deemed necessary by the city, subsurFace conditions of the parcel, 35 includinq the location and results of tests performed to ascertain the conditions of 36 subsurFace soil rock, and qroundwater, and the existinq depth to qroundwater. 37 38 (7� Lot qradinq plan. 39 40 (8) Cross sections showinq the proposed layout for all private utilities, includinq 41 electric, telephone, qas, and cable television. 42 43 (9) Location of all traffic control devices markers, and required siqns, includinq 44 stop siqns, traffic siqnals, crosswalks, street siqns, and the like. 45 46 �q) The city staff shall review the enqineerinq plans and shall provide written 10 Ordinance 36, 2009 1 comments to the applicant reqardinq compliance with code requirements and the 2 technical aspects of the plans. 3 4 �h) If chanqes to the plans are required four sets of revised plans shall be 5 submitted to the city. In addition to the revised plans, the applicant shall submit 6 written responses to the city staff's review comments. 7 (Ord. No. 17-2000, § 221, 7-20-00) 8 9 10 11 12 13 SECTION 12. City of Palm Beach approval process for read as follows: Chapter 78, Land Gardens, Florida preliminary plats; Development of the Code of Ordinances of the � hereby amended to establish the review an providing that Section 78-446 shall hereafter 14 15 Sec. 78-446. R�a�Preliminarv Plat review and approval process. 16 --- . � .. . ... -- -- - ::.... . -- -- -- -- - ... . e�.r i'. �..... -. .. .. . . � .- . ..` ' . . .' " ' .• � • .- -'.••-. `- .. .: .. . .- .. .. �. ..-. .�. . 'C." ''' '" ' -- .. � . _ . . . . .. . .. . .. .. . . - .' . -. " " ' ' -- - - �- - -- - -- ' 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 . ... .. _. ..._. . .. .- -•- - -- .. - -- -- -- - - - - --- - -- -.. - -- ....-• - -- -- .-: . . . -- .- -: -- - -- -.. - - . -- .-- -. .. . .. ._ _.. .: . . ... -- -: -- - . . . ...- . -- -- - -- - .... .-.• ---•-• --:_...-- -- - - .. -- -- - •- - - - -- -- - -- -- -.._. . . _ .. . . ... -- e' -.-.._.�__.._...�......_..�.._.._.._........_.._,..�_�:...._�...�..r_...__._�.......�.._. . _ . .. . .�on�r+"-,o„+ -- ' ••-• . .' - -� -- .. .. . - . .- .. ��Z�.��.•.ui�..t..�...�f.�l.►...��:�.��..v.a. �....R..s.i�..c.i.l��....�.�ms � . .-- .. ' -- -- - �� -- • �- -• -� - • -' • '- - -- - � - ... . . .. . . . .. . . .. - - - - � .. -- -- -. . ...- . .. - . .- - • �- - - �-e - .�- _. . :.:.� : .. . . .. . . . . .. . . . . : � .... . . .... . - .- . .- .. . -. .. .. . . �s� .-............�� ......_..•�..�...��,:.�.,��ti•....�...� :.,.>.. �•�z �... .:..�.�.,.-..�-.rasiic - -- -- --••-- - -- -- -- -- - -- - - --- - . .. -- - - - -- - - - - - - - �r . •� .�. .�. . .. .� .• • �. • . � u��. . . . . - --- - •- - -- -- _ _ . . _ .. . . _ . .. . . . . . .�.�r�z_r.r� . _ . _ . _ _ -- 11 Ordinance 36, 2009 2 . , , 3 . 4 -- . : - - ••. - -- -: - -- -- --- --- •- • - -. ... ._ .. . . .. .. . . .. :_ .... . .. . . . ..-- - .. . . .. - e .• � -- •. : . . _. .._. . i: " :.' ' ' '� ' .'�. 10 . 11 ^^�� 12 13 . 14 rnn +ri ir+inri nf �+II rorvi iirar) imnrr��iomoriic 15 . . •- - - . -: :. - - .. . .: - - -: -- : �:�.- .. : .. . . .- - -• e_ . .. . .. . .- -- -- - -- - : • .-. . .' .' . ' " . � ' ' ' ". " " " . 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' ...� . .� .. . .� �� .' � � .. � � • . . . � : . . � .. � . . � � . . .. � • . . . � . � . . � . . � . � � .. . . � . � . . . . � .. . . .. � r � . . . � . � . . � � . . . . � � � � u � � � � � � � � � u � • : � � � � u � � � � � . � � � � • � u � . • � � � � . u � � � ' � � � � � � � � � . � u � � � � ' � � � � � � ' ' � � � � � � � ' � � � � � • � � r � � � � � � � � � . � � � � � : � � � r � . . � � � • • � • � . � � ' • ' r � • ' � � � � � � � � ► • . . 1 34 35 36 37 38 39 40 41 � �� • � � �� • � •• �� . . � � � � . � . � � . : • � � � � � u � . � � � � � � : u � � . u . � � : : � � • � � : � � � : � � � .•e e- ....-. -. .. .' .` .. .•" ' . .' : •' -- --•-- - -- -- -- --••-- -- -- - -- -- _ -- :• - - -- - . :. . .. - -- -- : -- -- :- - - ,: ._ ... ;::.�r.. ::_-•:-a--;•..-�:�., � _e- - � -- � •- - �• - -- - - -. .... .. . . ._ ..-. .. -- - - � �_ .� .. :. .. .•. •.� `. . :.... ••.'.��.... .-:....�. .� .� _:.. �. / I � �� .� � •• � �� u�� r u � � 45 46 . ,� 12 Ordinance 36, 2009 .- -. .. -- . �- � . .'� � � . � � � � � � . . � � � . � . � r u � � � � � � � . . � � u � • . ' . . . . . � . � � I � � u u � � � � � u • � � • � � u � � • ' ' � � u � • � � � � � � � � �� . •• �. �� : , �� .� r u�� •� � u.. •� �� u�� • � � �� • � � • •• � �� ' � u �� . . . • • . ! � � � � � � � � � r � � � � � � � � � � � � � � � � . � • � .. . . . . . ... . � � . � � � � . � : � � � � � � � � � � � � � •• � � � •• � •• u � � � � . r � . . � � . . � . � " � . � � � . . . . . .� � : . . . r � � � � � : . . . . � . . � . / 1 ' � � � ' � � • � � �� • � � � � � ' � � � � � .. . . . . . � � . . � . � � .. . . . � . . r . ' : . ' : , u � � � u � � / � u� � �� u�� 1 � •• � �� u � � • � � � � � � � � � � • � � � • � � � � • � u � � � 1 • � � u � � � � � � � ■ ' � � � � i � 2� 21 A preliminary plat may be submitted after city council approval of a subdivision, PUD, 22 PCD or site plan approval. The preliminary plat may be submitted to the qrowth 23 manaqement department for review concurrently with a PUD, PCD, or site plan 24 approval petition at the applicant's risk� however, final approval of PUD, PCD, or site 25 plan approval is required prior to preliminary plat approval. The preliminary plat shall be 26 reviewed and approved as provided for in this section. In addition to other required 27 information at a minimum a preliminary plat shall contain the information listed below. 28 29 (a) Pre�iminary plat submittal requirements. 30 31 �1)A preliminary plat shall meet the requirements of the final plat, except that it 32 shall be submitted without the required signatures and seals. 33 34 �2) Deadlines for submittal of a complete preliminary plat application shall be in 35 accordance with section 78-444 Table 39. Four copies of the plat on paper, 36 electronic medium or other medium authorized by the city enqineer, shall be 37 submitted to the enqineerinq department. 38 39 (3) Fee. Payment of the required fee. 40 41 (4) All preliminary plats shall be prepared by a land surveyor reqistered and 42 licensed in the state of Florida. All enqineerinq exhibits shall be prepared by a 43 professional enqineer reqistered and licensed in the state of Florida. 44 45 (5) Each sheet of the preliminary plat shall be the same size and shall be no 46 larger than 24 inches by 36 inches. The sheets of the preliminary plat shall be 13 Ordinance 36, 2009 numbered consecutively, attached toqether, and folded. 2 3 (6) Four siqned and sealed certified surveys, not more than one vear old, by a 4 land surveyor reqistered and licensed in the state of Florida shall be submitted 5 for the property which is the sublect of the preliminary plat application and, if 6 applicable any area encompassinq off-site improvements. The survey shall be at 7 a scale of one inch equals not more than 100 feet and shall be submitted on 8 sheets not more than 24 inches by 36 inches. 9 10 (7) For those sites which have existinq trees, the applicant shall provide a tree 11 survey in accordance with the city's Land Development Code. 12 13 (8) An affidavit or other document approved by the city shall be submitted by the 14 owner of the subiect property or by the owner's aqent makinq application for 15 preliminary plat approval. The affidavit shall state the applicant is the owner or 16 the owner's aqent of the land which is the sublect of the application and that all 17 land shown on the preliminary plat will be committed and dedicated to the use for 18 which the preliminary plat application is beinq made. The affidavit or other 19 document approved by the city shall be witnessed by two persons and 20 acknowledged bv a notary public so as to be recordable with the clerk of the 21 circuit court of Palm Beach County. When the affidavit is submitted by the 22 owner's aqent a notarized letter authorizinq the aqent to represent the owner 23 shall be required. 24 25 (9) An 11-inch by 17-inch paper copy of the preliminary plat shall be submitted. 26 27 (b) Failure by an applicant to submit a preliminary plat meetinq all submittal 28 requirements as set forth in this chapter shall be qrounds for the city enqineer to reject 29 the preliminary plat application. 30 31 (c) Preliminary plat review. 32 33 �d) The followinq items shall constitute the requirements for a preliminarv plat, and 34 shall be the criteria for preliminary plat review by the city staff. Failure by the applicant 35 to adequately address the requirements for a preliminarv plat may result in denial of the 36 plat with the applicant required to resubmit, includinq payment of the review fee. 37 38 �1)Tit/e paqe. The title paqe shall contain the followinq: 39 b. The proposed name of the subdivision/proiect. 40 c A vicinity map showing the relationship between the proposed subdivision and 41 its surroundinq area, includinq adlacent streets. 42 d. The current date on each sheet of the preliminarv plat. For revised 43 preliminary plat the revision date on each sheet of the preliminarv plat shall be 44 indicated. 45 e. The name and address of the developer, owner, surveyor, enqineer, and/or 46 land alanner. 14 Ordinance 36, 2009 1 f. The qross acreaqe of the tract proposed for subdivision and of public or other 2 land usaqe. 3 a. The total number of lots and averaqe lot sizes, includinq tracts for retention, 4 recreation, landscapinq, and lift stations. 5 h. For all subdivisions the existinq and proposed land uses and zoninq 6 classifications. 7 8 (2) Preliminary Plat. Requirements for the plat shall be as follows: 9 a. The plat shall meet the minimum technical requirements for plattinq as 10 provided for in F.S. ch. 177. 11 b. The plat shall be prepared by a land survevor reqistered and licensed in the 12 state of Florida. 13 c. The scale of a preliminary plat shall not exceed one inch equals 100 feet. 14 d. If a larqe plat may require two or more sheets, the sheets shall be numbered, 15 and the number of sheets shall be indicated on the first sheet below the title. 16 17 (3) Enqineerinq exhibits. Enqineerinq exhibits shall contain the followinq: 18 a. The location of existinq and platted property lines, streets, buildinqs, 19 watercourses transmission lines sewers, bridqes, culverts and stormwater 20 facilities water mains city boundary lines, and public utility easements. 21 b. Wooded areas streams lakes marshes, and anv other physical conditions 22 affectinq the site includinq individual trees. 23 c. If applicable the location and characteristics of any wetlands present on the 24 subject property and a proposed wetland preservation and/or mitiqation plan. 25 d. Existinq contours based on coast and qeodetic data, with a contour interval of 26 one-foot intervals. 27 28 29 30 31 e. Existinq qround surface elevations and proposed street elevations. (e) As a further part of the review of a preliminary plat, the city staff shall consider the followinq: 32 (1) Whether the proposed lot sizes and block dimensions are adequate to meet 33 the requirements of the city's Land Development Requlations. 34 (2) The convenience of access circulation, control, and safety of street traffic. 35 (3) Whether all lots shown on the preliminary plat have adequate access to a 36 paved public or private street. 37 (4) The adequacy of public utilities and access roads or streets to provide 38 service to the proposed subdivision. 39 (5) Whether the proposed density or intensity is within the allowances of the 40 city's comprehensive plan. 41 (6) The adequacv of parks, recreation, and open spaces. 42 (7) Whether there is an attempt to preserve trees as defined by city code. 43 44 45 46 �f) Preliminary plat review by city council. (1) The preliminary plat of a subdivision shall be reviewed by the city council. As 15 Ordinance 36, 2009 1 part of the review the city council shall hold a hearinq at which comments of the 2 applicant may be heard. 3 4 (2) The city council as part of its review shall ascertain that all requirements of 5 this chapter and the requirements of any other relevant city ordinance have been 6 met by the applicant with regard to the proposed preliminary plat. 7 8 (3) Following the hearinq and consideration, the city council shall vote to 9 approve, approve subject to chanqes or disapprove the proposed preliminary 10 plat The decision shall be based on but not limited to the technical comments of 11 the review staff the functional aspects of the preliminary plat, and the council's 12 determination as to whether the applicant has sufficiently addressed the 13 requirements of the preliminary plat as set forth in this chapter. 14 15 (4) If a preliminarv plat is approved sublect to chanqes, the city council may 16 require the applicant to submit a revised preliminary plat to be reviewed at the 17 next reqularly scheduled council meetinq or may direct the city enqineer to 18 ensure that all required chanqes are made to the preliminarv plat. If the council 19 chooses to review the revised preliminarv plat, the council shall determine the 20 date on which the applicant must submit the revised preliminary plat to the city. In 21 such case the applicant shall submit to the city staff copies of the revised 22 preliminary plat In addition to the revised preliminary plat the applicant shall 23 submit written responses to the city staff's review comments. 24 25 (5) If the council directs the city enqineer to ensure that all required chanqes are 26 made on the preliminary or boundary plat the applicant shall have 14 days in 27 which to submit the revised preliminary plat to the city. In such case the applicant 28 shall submit four copies of the preliminary plat to the city. In addition to the 29 revised plat the applicant shall submit written responses to the city staff's review 30 comments. 31 32 �6) Failure to submit revised preliminary plats accordinq to the time schedule set 33 forth in this section shall be qrounds for denial. 34 35 (7) If the preliminary plat is denied, the applicant shall have the option to 36 resubmit an application pursuant to all requirements, includinq payment of fees, 37 as set forth in this chapter. 38 39 (q) Use of preliminary plat followin.q approval. 40 41 �) Approval of the preliminary shall authorize the followinq options prior to 42 submittinq the final plat: 43 44 (2) Prepare enqineerinq plans detailed cost breakdowns, and specifications for 45 all required improvements which meet the approval of the city and install all 46 required improvements in accordance with the approved plans and 16 Ordinance 36, 2009 1 specifications All work as installed, shall be inspected and subiect to the 2 approval of the city. 3 4 (3) Approval of the preliminary plat shall not be construed as authority for filinq of 5 the plat with the clerk of the circuit court of the county nor as authority for the sale 6 of lots in reference thereto. 7 8 (4) Failure of the subdivider to obtain approval by the city of an infrastructure 9 permit or buildinq permit within one year of preliminary plat approval shall cause 10 the approval of the preliminary plat to become null and void. 11 12 13 14 15 16 17 18 19 20 21 �5) The applicant shall obtain approval of the final plat within 180 calendar days, otherwise the preliminary plat is deemed null and void. In the event that a preliminary plat is deemed null and void a new preliminary plat application must be submitted with the required fees. (Ord. No. 17-2000, § 222, 7-20-00) SECTION 13. Chapter 78, Land Development of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended to establish the final plat review and approval process; providing that Section 78-447 shall hereafter read as follows: 22 23 Sec. 78-447. Final Plat review and approval process ' 24 pI-a� 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 � • � � � � � � � � � • � � � � � � � � � � � r � � � � . --- - - .. . . . . .. .. .. . .. -•- --- -- -.. ._ . .. .. . . . . . .. .. . . . . . 1/� � � �� •• � � '�� i � � � � � � � � � � :.. :. . .- .e: :. - •- - . - - :--- . -: !" '. '•. ' '.... � .-. . � �. . ..' ' '•"' " " ' : ' -- . . .. . .. . .. .. . . -•-- - -. : .. .- - . . - . -: - - ._ . . --- -- - •- -- --••-- - -- • - :--- . -- •e . .., , _.... . . . � . . : : " . � . � � � . • � . . • � � � � . • . . . � . . : .. � � . � .. . . . _ :_.. . ., . .....- - ," ' •' -. :-- -- - -- . - - .... . :. ..-- - •- -- .- -•- -.. .. .-- - -: - -- --- -- , -," �' " ' ' - ' . � � u � � � � � � � � � � � � � � � � � • � • � � : . � � � � � • � - - - -- - - . ... .. ... . _. . . :. .._. - : ' - : - :- . -- : - � . . . � : � : . r . . . � � . � � : . . . . . � . • . . . r � . . �� •� � �� . : � � � �� •• �� : �. � �, �� - e . : - -.- �. . ..._. . _ � � - - . _ - _ -. 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Ordinance 36. 2009 �� . -. . - . -. ... . � . - e - - - . . .. � . . . . . � - . - . . . .. . . . . . . . . . : . ._ . . . ,. . .. .. .. . .• e . . .e .ee - •- .. . . .. :. . . . - . - -- - . -- -- - -- - _ . ' -� �� • � • �� ► � • � � u� � • ■ •• � �! �� u�� ► � ■ ! �� -- - : -. . --- - -- .-- - -: - •• :. -- --. .. -- -- - • : ---e- .. . �- - - -� - - _ _. _ .. ._ .. . ... --- --- • - - -- - - • - . .. ._ . ._ .. . . :.. . _ _. - � �� •� � � � � � � � � • •� � �� • � � � � � � � •• =� •• �� , . ._ : ._. . . .. - - -•- -- -. . . .. ..,: . . ... .. . � • . � . � : . � � . . u . � . .. . � . . r . � . . � : . � ....._. . ._ . ._ .. -- - - -- -- -..._. - -- .-- - -- :- _. . . ....... . . ._ .. . .- - . - -- -e .-- ••.. -- . ._ .... . .. •-- • - -- - ._ _... . .- --. - -- - - :•- -- : -- . • . .. .. � . . .- - -� -- - •- � - -- -- • -� .. . . - - -. . . . . .�. . . .- - - - •- - . .. ... .. , . --- -- --- •• : -- - -- - • -- _:.. .- - -- ... , . .. . . ► . ... . . .. (a) Generally. Where proposed development inciudes the subdivision of land or the final approval of a PUD, PCD, or site plan petition, city council approval shall be required of a final plat. (b) Application requirements. During the effective period of the subdivision plan approval or development order, the applicant shall file with the city an application for approval of a plat. The application shall include the items and information listed below, in such number as required by the growth management department. The followinq items shall be required for final plat submittals. (1) Application form. Application forms as provided by the growth management department. (2) Fee. Payment of the required fee and applicable inspection fees. (3) Area included. Indicate the entire subdivision or phase thereof which derives access from an existing state, county, or city street or highway. � _.` .' -` -. . ••e- - ee ' •- . .. '- e C .-. . -. ': . �.. . :,... .. ..e_••-- - - - (4�) Compliance. Comply in all respects with the approved subdivision plan. (56) Surety. The development order and surety, if required, shall be provided in a form : 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Ordinance 36, 2009 satisfactory to the city engineer, city attorney, and city manager in an amount established by these regulations. (6�) State law. Demonstrate compliance with F.S. Chapter 177. (7�) Additional information. Provide, in a form acceptable to the city engineer, the following documents: a. a certificate of cost estimate prepared by a registered engineer; and b. a certificate from the city and county showing up-to-date payment of city and county property taxes, and an absence of any outstanding city or county liens, assessments, or other county taxes against the property. � . -- -- -- ' .._. . . . ._ .. . .. ... . . ... . ._ - - - -- - (8�-9) Permits. Provide evidence of all permits or agreements that authorize the construction of all required improvements. (c) Standards for approval of plats. The purpose of this subsection is to set forth the standards and criteria that the city shall consider in determining whether to approve or deny an application for plat approval. A plat for a proposed subdivision or boundary plat for a proposed development permit shall not be approved unless the application complies with the standards and criteria listed below. (1) Compliance. The application complies with the requirements of these regulations regarding the form and content of the plat, timely submittal, offers of dedication, and requirements of the development order. (2) Compliance with state law. The application complies with the requirements of F.S. Chapter 177, regarding the form and content of plats offered for recording prepared by a land surveyor licensed in the state. If the city chooses to verify the survey data shown on the plat, the city shall utilize a surveyor at the expense of the applicant. (3) Surety. Adequate surety has been provided in a form acceptable to the city engineer and city attorney for the completion of required improvements in accordance with subdivision III of this division. (4) Land development regulations. The application complies in all respects to the requirements of the land development regulations of the city. (5) Subdivision plan. The plat conforms to the approved subdivision plan, PUD, PCD, or site qlan. (d) Submission and review. 19 Ordinance 36, 2009 1 (1) Copies. Four copies of the piat on paper, electronic medium, or other medium 2 authorized by the city engineer and growth management department, shall be submitted 3 to the growth management department. 4 5 6 7 8 9 10 11 12 -- ' •- � - - � -- - -- . • . -- . . . ._ ... . . .. .. . .. _. .. -- -. -- - : --- (2�) Review. The plat shall be reviewed by the department and the development review committee to determine that the plat meets the requirements of this division. Upon determination by the department that the plat meets the requirements of this division, an original mylar of the plat, pursuant to F.S. Chapter 177, shall be transmitted to the city council for approval. I ! i � • � � � � � � � r � � • � � � � ' i � � � � � � � � � � � � ' � � � � � � . . . . . . . . . . � : . � . . � .. � � . .. . .. u � . � � . � r � � Jii � � � � . • � •� � � � � � � . � 17 18 19 20 21 22 23 24 25 : : . - e - � - - - - - . . . .LTi�ts:ei7.T.71 . � . -. - -- � -- ' -••-• - - � -- � _. . .. . _.... _ e • -- •- : -- --•-- -- - -- -: ... :.-.._. / 1 � u � � � � u � � 1 � u � • � � ' u � � -- -- �• -- -- - •- -- -- - - - -- . ... . . �. .. ..- - • � - - - •- -� •- � - ,L 1��\�1��: /a��ln�i�l��'��J�\�l!��: �1��\RT��J��R�I�I��tS�� 1\��l �\�\��: LI��O�Il1 26 (e) Technical Compliance. The purpose of Technical Compliance is to provide a review 27 of the proposed final plat and all applicable required improvement engineerinq plans for 28 conformance with technical and leqal requirements of this section, other applicable 29 provisions of this Code and the approved final subdivision plan (includinq anv special 30 conditions of approval) PUD PCD or site plan prior to application by the developer for 31 issuance of a land development permit and submittal of the final plat for recordation. 32 33 34 35 36 37 (a) Technical Compliance Approval. The statement of technical compliance shall be in writinq and furnished to the applicant as part of the final plat application review process. The statement shall contain the followinq conditions and information: 38 (1) The name of the document's reviewed; 39 �2) The amount of surety for the construction of required improvements, 40 established in accordance with Chapter 78 of the City's Code of 41 Ordinances; 42 (3) Requirements for submittal of supplementary documentation deemed 43 necessary by the city enqineer, such as deeds, easements, covenants 44 and other recordinq instruments creating riqhts or obliqations for access, 45 drainaqe or utility services, which riqhts or obligations could not be 46 established throuqh dedications or reservations on the plat. f►.��1 Ordinance 36, 2009 1 2 (b) Any chanqe to the final plat however approved, in the opinion of the qrowth 3 manaqement director which would cause a substantial chanqe or revision shall 4 void anV approvals issued reqardinq the construction or preliminary plat plans. 5 Such determination shall be forwarded in writinq to the developer within 10 6 business da� 7 8 9 10 11 12 SECTION 14. Chapter 78, Land Development of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended to relocate the signing and recordation of plat criteria from Section 78-447; providing that Section 78-448 shall hereafter read as follows: : � � : • • . • ' - • • . • • • , e • e • _ • . •• . • e � :: e. .. : 15 16 17 18 19 20 21 22 23 24 25 26 27 / � � � • 1 � � � � � � � � � � � � � � • � � ' � u � ' � � u � � � . -- -- . . .. ..._ ... ._ . � i i � • � � � � i � � u � � � � � � � • � � � . � • •• � � � u � • i ' � � u � � � . . .. .. . . -- -- -- .. . - -- - -- -. .• e - . . .. .. .. . :, .. --- - - : -- ••.e - - - -- - -- -- - _:- - -- :: .. . .. : :.. .. .. . :..... . .. .. ,.. . . . .-- --- -- -- - • - - - .. ... : .. ... ... . .. . :. . . .. :. .. -- -:. -- - -- --- --- : - - ... .... .-••-- :-- ..... � � � 1 � u ' � � � � � � � � � • � � � � � r • � � � � � : - -- - . :. -- - - . -- -- -- - -- .-- .. ,. . . .. : -- � ' '. . . . . _. .. -. .�l:T�.1I. . . .. - • . .. .` .e-. 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I I • � � � � � 1 � . � � � � � . � � . � � � � • � � � � � � • � � � � • � � � � � ' � � ' � � � � � � . � � u . � � � � � � � � . � � . � � � � . � � ' � � u . � � • � � . . . . � . . . . . 21 1 2 3 4 Ordinance 36, 2009 � _.._. .. .. -- �- -- � -- � --• .. .. . . ._ - - --- - .•- . . .. ...... ... :. - -- -- - - •-- - -- . . . -- . . � .... -. -- . .- . -' • ..'• - -- -- � � � � . � � � . r � � � • . • � � � � u ' � � � � � ' � � � � ' � u � � � � � � � � � � � 7 Z • . .- . .._ . .- .. ' .. - -�.�._ . ...- . .. •e e.. --. . . . .. . -e -- - -- - .. . . . . . . ._ . .. . - - - • -- - -•- - -- -- - ------ -- -- . . -- , � � � � � � r � � � � � . .• � � • � r r � . . . . � � � � � � � � � u � � � � � � � � � � � � � � � � � � � r � � � � � � � r � � � � � � � u � . .. . .� I r � •� i. • � � �' � �� i �'� � �� •• � u u � 15 16 17 �"�� • ._ . . .. . .. . .. . .. ._. . -- -- --- --- • � -. . .. . • � .- . .. .-. . .. ' -. 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' � ' � � � � � � . � • � � � . � . � � • � � � � � � � � � � � � r . . . . .. •- - - - - -- - -.... .. ..- - -.... . . .- - - -- --- - - -- -- ��.�-- . . .. -- - -- :- •- - -- - -- - --- -- --- .....- -- -- -- - -- -- --.._. � - --- - - - - - �- - -- :_. .. . _. ..: .. . .. .. . - - --- . -- - ••-- -- -- .-: .:- . . : _ _ � , . � � : . u .�. . : . . r . . . . . . . .�e�:a�:r_��i . . . . - - � � - . . ..:- : : � � . . . . ..� . . . .... .. � � � .. �.. .. ...... �.. i i . .•• .. .. . .. _ _ .� ��,....�.�.�.._,..�.,.��_....:�..._...�:.-..� I I 1 �� •• . �� . � . � �• . � •� � � �� . . . . . . . I •• � . : � : . � •• � u � uu� . �� . � � �� I � � � � � � � � � � � � � � � � � � � � � � � � u � ' � � � � . � � � � I+� Ordinance 36, 2009 - .-. ■�!, I�TI\�\�l�Nl��I(�r • � � � � •� � = � �� • � � � � � � = •• � • � � � � = . � •• t � _ � _ _ � I � ' I � � � � = � .. I � � � � � � � � � = I � � = - � � � � / • � • • � � • � � � . �� : = � � � � � � • � � ' I � • • = � � � = � � = � � � � �� • � � I • � I I � • • � � � � 1 1 � ' 1 , � � � � � � � �� • � � � � � � � I I � � � � � � � � � � � � � � � •� � � � �� ► 1 � � � I � � � � � � i i . � � � i � � � u • � � � � �� • � � � • � � i � � � � � � � � � � � � . ► i � . � �� • , � • � � i � � � � u � • � � � � � � � � � � � � � ' � � � u � � � � � � i . � • � � � � • � � � � � � � � � � • � � � � � � � � � � � � • � u • • � 1 � u •• • �'u'• � � �' � � �'� • ��u � �� •• � �' . . . , . � � : � . � " . � � . � .• u � . . � � . . � • . . � . . � " . . . � . � • . � � � � . � . • . .. � r � . . � � . . � � , � . � . � � � � �� •� � •• � • � � �� • � �. �� • � � � � � � � u � � � i � � � � � � � � � � � � � � • � . • � � � � � � • � ! � • � � � � � � � � � � � � � � � � � � � � � � � � � � � � ' � ' � � ' � � � ' � � � u � � • � � � � � � u � ' � � � � • � � � � � � � � � � � � � u � � � � � � �' u � � � �• � � � � � � � � � � 1 I � � � u � � � � � � � � � � � � � � � � • � i � � • � � � � � � � � � � � � � � � � � � i � � � � • � � • � � � � � i � � • • • � � � u u � � � � u � � � � � � � � r � . ' ' . , � � : � � . � � � � : . � � : : : � � � � . � . � � . . : � . � � � �� . �� •• • �� • � � � � �.� �� . . . . . . . . u � � . � � • � � � . � � : . . . . � u � � • � � � / � r � . r � � � � � . � . � � / � � � � u � � � � • � � � � � � � � ' � � • � � � • � � � � � ' � � � � � � u � � ' � � � � � � • � � u � � � • • � � u � ' � ' � � � � • � � � � � ' � u � � � • ' ' � ' � � � . � u . . . . . � . ' . ' ' ' .. � • • � . � . : . . � . � • � . . . . ' � � � � � � � . . ' � • • u � � � u . � � � � � � • � u � •• •• . � � u . � � � � � � � . � . ' �' . .. � . � � • � . � � . . � � � . . . � . . . . � : . . . . � . . . . . . . I �� •• �� . � u�� • � u� � �u�� I � � � � � � � � � � � � � � � � � � � � i ' � � � � � � • ' r. � � � � � / •• �� u �� • �� • � •• �• � � � � � �� ' � � � � � � � � • � � � I I � � � . � � • � ' � � ' . � . ' � � � u � � . u . • � � � � � . � . � � . r � � �. � . . . .. . . � • � � � � � � I � � � � � � r � � � � � � � � � � � � � / � ■ • � � � � • . � � � � � � , � � . � • � � . u . � • � � � 23 Ordinance 36, 2009 1 ##�#e�a�ui�g: 2 . , , , , 3 m ^rrr�rn-r",v�',L°--C� ,—c,na-� �c" "^�;,� i�, 4 . , 5 �n,� c�nrm �o,�,or�• �n�, , 6 . , '7 i i+ili�ioc nr ctri �n+� iroc • � 1 � � � � � � � ' � � u � � � � � � � � � � • � � � � � � � � � � • � � � • � � � � � • � � � ■ � � � � � � � � � � � � ' � � 1 � � ' � • � , �� • �� i�� u�� • '� � �� '�� ' � � � � � � � , � � � � . � � � � ► � � � � � � • � � � � � � � � � � � • � � � • � � � � � � � � � � � • � •• � � � � • � •• � � � � � � u � � � � • � � � � � � � ' I � � i � � � � u � � � � � � � � i � � � � i � � • � u � � � � � � � •� � = � � � � � � � = � � u � � � � � � i = � � � � � � � � � � � � u � �� •• �� •• �� i . �� •• � �� u � � ' � � .. . . � fi::f�i . . � � � \, � �� . I � �� • . • / I � • / � � � . � r � � 20 21 (a) Siqninq of plat Siqninq of the subdivision plat or boundary plat is sublect to the 22 provisions listed below. 23 �1) Citv enqineer The city enqineer shall siqn the final plat prior to the mayor. 24 (2) Mayor's siqnature The mavor shall endorse approval on the plat after all the 25 conditions of the approval of the plat have been satisfied. 26 (3) Required improvements When installation of improvements is required prior to 27 recordation of the plat the mavor shall endorse approval on the plat after all applicable 28 conditions of the development order have been satisfied and all improvements 29 satisfactorily completed There shall be written evidence that the required improvements 30 have been installed in a manner satisfactory to the citv as evidenced by certificate of 31 completion siqned by the applicant's enqineer and approved by the citv enqineer. 32 (b) Submission of diqital files. 33 (1) Electronic media. Prior to plat recordation the property owner or owner's enqineer 34 shall submit on city-approved electronic media diqital files for final construction plan 35 data and final plat survey data. The files provided to the city shall show all final plat 36 survey data and line annotations including but not limited to the followinq: 37 a. Lots; 38 b. Roadways; 39 c. Easements; 40 d. Preserve areas; 41 e. Buffer areas; 42 f. Maintenance areas; and 43 q Other specified information which appears on the map portion of the plat. 44 The files shall also contain all final construction plan data as stated above. The 45 coordinate positions within this file are to be rotated and translated to State Plane 46 Coordinates in the North American Datum of 1983/adiustment of 1990 (NAD 83/90) 24 Ordinance 36. 2009 Florida East Zone or currently approved datum, based upon the required tie-in to 2 qeodetic control. 3 (c) Recordation of plat. 4 (1) Execution. The mayor and city enqineer shall execute the oriqinal plat. 5 �2) Filinq. The city clerk shall file the plat in accordance with F.S. Chapter 177. 6 (d) Phasinq of plats. Prior to qrantinq final approval of the plat, the city may permit the 7 plat to be divided into two or more phases. The citv council may impose such conditions 8 upon the filinq of the phases as it may deem necessarv to ensure the orderly 9 development of the plat. The city may require that the development order and surety be 10 commensurate with the phases of the plat to be filed and may defer the remaininq 11 amount of the surety until the remaininq phases of the plat are offered for filinq. 12 (e) Plat preparation. A plat shall be prepared by a land surveyor licensed in the state 13 pursuant to F.S. Chapter 177. Four paper prints of the plat shall be submitted for initial 14 review. Upon revision one mylar of the revised plat shall be submitted for siqnatures 15 and recordation. 16 (Ord. No. 17-2000, $ 223, 7-20-00) 17 18 19 SECTION 15. Chapter 78, Land Development of the Code of Ordinances of the 20 City of Palm Beach Gardens, Florida is hereby created to relocate the submission 21 requirements for subdivision approval from Section 78-448; providing that Section 78- 22 449 shall hereafter read as follows: 23 24 Sec. 78-449. Submission Requirements for subdivision approval. 25 26 (a) Application. Applications for subdivision plan approval shall submit the information 27 as required in this section and described herein. 28 (1) Application. Application form as provided by the qrowth manaqement department. 29 (2) Area location map. Located on the front cover sheet of the subdivision plan, 30 indicatinq the followinq: 31 a. General vicinity or location map drawn to scale, both stated and qraphic; 32 b. The position of the proposed development in the section, township, and ranqe; and 33 c. The principal roads city limits and other pertinent orientation information as may be 34 required by the city enqineer or qrowth manaqement department. 35 (3) Authority. A statement of the applicant's interest in the property and: 36 a. If joint and several ownership a written consent to the application by all owners of 37 record; 38 b. If a contract purchase, written consent of the seller or owner; 39 c. If an authorized aqent, a copy of the aqency agreement or written consent of the 40 owner; 41 d. If a lessee a copy of the lease agreement and written consent of the owner; 42 e. If a corporation partnership, or other business entity, the name of the officer or 43 person responsible for the application and written proof that the representative has 44 authority to represent the corporation, partnership, or business entity, or in lieu thereof, 45 written proof that such representative is in fact an officer the corporation; or 46 f. If a qroup of contiquous property owners, all the owners of the property described in 25 Ordinance 36, 2009 1 the application must provide written consent. 2 (4) Subdivision plans. Subdivision plans submitted pursuant to this section shall 3 contain the information listed below and in such number as required by the qrowth 4 manaqement department. The subdivision plan shall be prepared in sufficient detail to 5 illustrate the proposed development such that, once approved, the plan can be used as 6 a basis for the preparation of construction plans and plat. 7 a. All plans shall be drawn to a scale that is sufficient or necessary for proper review of 8 the proposal. 9 b. A description of the future land use and zoninq desiqnations and boundaries, and 10 development characteristics surroundinq the site of the proposed development. 11 c. A statement indicatinq the consistency of the proposed land uses with the future 12 land use plan and zoninq designations. 13 d. The front cover sheet of each plan shall include: 14 1. A complete leqal description of the property;. 15 2. The area of the property shown in acres; 16 3. The name, address and telephone number of the applicant; and 17 4. The name, business address, and telephone number of those individuals 18 responsible for the preparation of the drawinqs. 19 e. Each sheet shall contain a title block with the name of the development stated and 20 qraphic scale, a north arrow, and date. 21 f. Boundary survev. 22 q. Phvsical and environmental conditions. 23 1. Existinq contours at one-foot intervals based on field surveys or photoqrametric 24 surveys usinq county data for the tract to be subdivided and extendinq a minimum of 25 100 feet beyond the tract boundary. 26 2. Identification of on-site soils usinq the U.S. Soil Conservation Service classification 27 s sy tem. 28 3. The anticipated wet season water table, as determined by a reqistered enqineer. 29 4. The location depth and extent of all soils defined as unsuitable for development 30 where development is proposed to encroach into those areas, as determined by a 31 reqistered enqineer. 32 5. Identification of all native habitats and environmentally siqnificant areas, includinq 33 but not limited to freshwater marsh, cypress domes and strands and wetland hardwood 34 veqetative communities. Wetland iurisdictional boundaries should be shown. All 35 identified conservation areas which are to be retained will be shown and noted as a 36 "conservation easement." 37 6. The 100-vear flood elevation data for the proposed development site as indicated on 38 the flood insurance rate map (FIRM), prepared by the Federal Emerqency Manaqement 39 A�ency. Where the 100-year flood elevation has not been established, the applicant 40 shall conduct the necessary drainaqe basin studies to establish the 100-year flood 41 elevation to the satisfaction of the city enqineer. 42 h. Names of all abuttinq subdivisions and location of adloininq platted lots and parcel 43 lines within 100 feet. Identification of all abuttinq unplatted property. 44 i. Existinq roads utilities drainaqe, easements and improvements, includinq buildinqs 45 located within 100 feet of the boundaries of the site. 46 i. The proposed residential, commercial and industrial land use types, development 26 Ordinance 36, 2009 1 density and intensity, and minimum lot size. If residential, the number, heiqht and tvpe 2 of residential units. 3 k. Lot desiqn, including the followinq: 4 1. Total number of lots; 5 2. Lots, drawn to scale, and typical lot dimensions; 6 3. Tracts for multifamilv develoqment; and 7 4. Setbacks from streets and hiqhways. 8 I. Approximate phasing and acres in each phase of the proiect, if applicable. 9 m. Location of all sites for multifamily, commercial, industrial, utility, institutional, or 10 recreational uses, and other public and nonpublic uses exclusive of sinqle-family 11 residentiallots. 12 n. Required improvements, includinq the information listed below. 13 1. The name, location, and riqht-of-way width of all existing streets, riqhts-of-way and 14 platted streets within 500 feet in each direction of the proposed entrances to the 15 proposed subdivision. 16 2. Proposed streets includinq: 17 (i) The name or temporary desiqnation and right-of-way width; 18 (ii) Typical desiqn cross section indicatinq pavement type, width, drainaqe features, 19 sewer and water main locations, utility locations, and sidewalks and bikeways; 20 (iii) Separate cross sections for all entrance roads featurinq medians, with a note 21 explaininq maintenance and ownership responsibility; 22 (iv) Any streets in the county thorouqhfare improvement plan and the comprehensive 23 alan of the citv: and 24 (v) Proposed ownership and maintenance of streets. 25 3. Statement regardinq any proposed vacation of riqhts-of-wav or easements. 26 0. The proposed method and source of water supply and wastewater treatment shall 27 be shown. The subdivision plan shall show the points of connection to the existinq 28 systems. 29 p. A stormwater management plan will be provided with a schematic diaqram of the 30 proposed stormwater collection system, method of pollution control, and stormwater 31 retention and detention with preliminary calculationsThe direction of flow for all surface 32 drainaqe and existinq storm sewers on or abutting the tract shall be shown. 33 1. Proposed stormwater retention and detention areas shall be shown on the plan. 34 2. Basin analyses for "pass throuqh" drainage shall be provided, and for larqer 35 development, the city enqineer may require approval of a conceptual environmental 36 resources permit (ERP) from the South Florida Water Manaqement District. 37 q. The location of landscape buffers or screeninq walls alonq external collector and 38 arterial roads with landscape plans for entrance features, subdivision streets, buffers 39 and common areas in compliance with division 7 of article V. 40 r. The location and nature of any proposed shoreline veqetation alteration. 41 s. The location, width, purpose, and maintenance responsibilities for all proposed 42 easements, facilities, or riqhts-of-way other than for streets. 43 t. Compliance with division 4 of article V pertaininq to natural resources and 44 environmentally siqnificant lands, and other ordinances included in the land 45 development regulations. 46 u. Compliance with the comprehensive plan, includinq a determination the subdivision f�Xl 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Ordinance 36, 2009 plan complies with the city's concurrency requirements. (5) Construction plans. Construction plans shall be prepared for required improvements containinq the minimum requirements as indicated below. a. Complete horizontal control of the proiect sufficient to construct the proiect and determine the dimensions of all site improvements. b. Gradinq plan showinq oriqinal and final contours at one-foot intervals. Final contours mav be omitted if sufficient information such as pad elevations and spot elevations are provided to show final detailed elevations of all improvements includinq the periphery of the property and areas around lakes and along watercourses. c. Plan showinq the location and typical cross sections of street pavement includinq the followinq: 1. Concrete curbinq sidewalks, utility and drainage easements, riqhts-of-way, manholes, and catch basins; 2. The location size and invert elevations of existinq and proposed wastewater sewers and storm sewers; and 3. Location and size of existinq and proposed water, qas and other underqround utilities or structures. d. All specifications and requirements described in article IV, includinq a drainaqe plan. e. Enqineering calculations in support of proposed plans and specifications. All construction plans and supportinq documents submitted to the city enqineer for review and approval shall bear the date, seal and siqnature of the enqineer of record responsible for the plans. (6) Presentation of information. The information required may be presented textually, araphicallv or on a map, plan aerial photoqraph, or by other means, whichever most clearly convevs the required information. It is the responsibility of the applicant to submit the information in a form that allows ready determination of compliance with the requirements of this division. (Ord. No. 17-2000. � 224. 7-20-00) Secs.78-4504�--78-460. Reserved. SECTION 16. All ordinances or parts of ordinances in conflict be and the same are hereby repealed. 36 SECTION 17. Should any section or provision of this Ordinance or any 37 portion thereof, any paragraph, sentence, or word be declared by a Court of competent 38 jurisdiction to be invalid, such decision shall not affect the validity of the remainder of 39 this Ordinance. 40 41 SECTION 18. Specific authority is hereby granted to codify this Ordinance. 42 43 44 45 46 (The remainder of this page left intentionally blank.) : 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 SECTION 19. PASSED this Ordinance 36, 2009 This Ordinance shall take effect immediately upon passage. day of PASSED AND ADOPTED this and final reading. day of 29 2009, upon first reading. 2009, upon second 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 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, City Attorney � FOR AGAINST Ordinance 36, 2009 ABSENT Sec. 78-43. Review of applications for development order approval. (a) Compliance. Applications for development order approval shall be reviewed as indicated in Table 1 and comply with all requirements of this chapter. (1) Development review schedule. Review of all applications for development order approval shall be consistent with the requirements of Table 2. (2) Public hearings and workshops. All applications for development orders to consider rezonings, major conditional uses, development order amendments, and land development i•egulations text amendments shall be subject to an advertised public hearing by the planning, zoning, and appeals board and the city council. Prior to scheduling a public hearing, the growth management department staff may schedule one or inore workshops to review the application with the planning, zoning, and appeals board. (3) Joint workshops. The city manager may schedule a joint planning, zoning, and appeals board/city council workshop to review any development order application of such size, nature, or complexity as to require timely consideration and direction from both bodies. (b) Planning, zoning and appeals board worizshops cznd public hearings. (1) Workshops. The planning, zoning and appeals board may consider the comments and recommendations from the development review committee and growth management department staff at one or more workshop ineetings. Table 1: Development Order Review TABLE INSET: Notes: A=Advisory Review B1ank=Not Applicable C=Coinpleteness Review CC=City Council D=Discretionary per Growth Management Director TABLE INSET: DRC=Development Review Committee DO=Development Order �=Technical Review [ ]=Decision Making Authority PZAB=Planning, Zoning and Appeals Board Development Order Application Staff DRC PZAB CC Rezoning, Standard C � A [ ] Rezoning, Overlay (including PCD and PUD) C � A [] Rezoning, Planned Development Area C � A [] Major Conditional Use C ✓ A [] Minor Conditional Use C [ ] Variance C D [ ] LDR Text Amendment C A [] Site Plan Review, Major C � A [] Site Plan Review, Minor � C � [] Site Plan Review, Administrative C/[ ] Subdivision* C � A A/[ ] Plat* C � A/[ ] DO Change, Non-Administrative C ✓ A [] DO Change, Administrative C/[ ] *See Division 10, Article 5 of this Chapter. DIVISION 10. SUBDIVISIONS* *Editor's note: Formerly, div. 9. See the editor's note ch. 78, art. V, div. 3. Subdivision I. Generally Sec.78-421. Policy. (a) Compf°ehensive plan. The subdivision of land and the subsequent developinent of the subdivided property shall be consistent with the city's comprehensive plan. (b) Concurrency. Any subdivision of land, as defined ii1 these regulations, shall comply with the concurrency requirements of division 3 of article III. (c) OtheY �equirements. This division shall supplement and facilitate the enforcement of the provisions and standards coiltained in the city's buildiilg and housing codes, the 1a11d development regulations, aild the capital facilities elelnent of the city's comprehensive plan. The standards and provisioils of this division shall apply equally to the subdivision of land and creation of boundary plats. (d) PNiov� subdivision.s. Land that has been subdivided prior to August 18, 1994, should, whenever possible, be brought into conformance with the standards of this division. (Ord. No. 17-2000, § 209, 7-20-00) Sec. 78-422. Purpose and intent. The purpose and intent of this division is to protect the public health, safety, and welfare by ensuring compliance with the standards and criteria listed below. (a) Health, sc�fety, c�nd welfaYe. Protect and provide for the public health, safety and general welfare of the city. (b) Future g�owth. Assist with guidiilg the future growth and development of the city consistent with the adopted comprehensive plan. (c) Light, ai�, ai�d privacy. Provide for adequate light, air, and privacy. (d) Public safety. Secure safety from fire, flood, and other danger, and to prevent overcrowding of the land. (e) OYdeYly development. Protect the character of the city and encourage the orderly and aesthetic development of the city. (� Protect property values. Protect and conserve the value of land, buildings, and iinprovements, and minimize conflicts among uses of land and buildings. (g) Public facilities. Ensure the adequate and efficient provision of public facilities, such as transportation, potable water supply, wastewater collection and treatinent, drainage, surface water management, solid waste, parks and recreation, are available concurrent with impacts of development. (h) Conflicts. Avoid traffic congestion on streets, and eliminate conflicts between pedestrian and vehicular movements. (i) Design standaNds. Establish reasonable standards of design and procedures for subdivisions and resubdivisions in order to further the orderly layout and use of land, and to ensure proper legal descriptions of subdivided land. (j) Cost of new development. Ensure that new development will be required to bear its fair share of the cost of providing the public facilities and services needed at the time of development. (k) Natural YesouNCe pNOtection. Prevent the pollution of air and water resources; ensure the adequacy of surface water management facilities; safeguard the groundwater resources; and encourage the conservation, protection and management of natural resources. (1) Open space and Necreation. Provide for open spaces and passive or active recreation facilities through efficient design and layout of subdivisions. (in) Prevention. Prevent the premature subdivision of lands, and partial or incomplete subdivisions. (Ord. No. 17-2000, § 210, 7-20-00) Sec.78-423. Authority. The city council is vested with the authority to review and approve, conditionally approve, or deny subdivision plats. (Ord. No. 17-2000, § 211, 7-20-00) Sec.78-424. Jurisdiction. (a) Application. This division applies to all subdivisions of land, as set forth iiz subdivision II of this divisioiz and all lands which are the subject of an approved development order. (b) Plat c�pproval required. Land within the city shall not be subdivided or developed through the use of any legal description, other than with reference to a plat approved by the city council in accordance with this division. (c) Effective date. The requirements of this division are effective as of August 18, 1994. All applications for subdivision approval which were accepted as colnplete prior to August 18, 1994, shall be subject to the requirements of the subdivision regulations in effect at the time of subinittaL However, the city council may determine that the application of this division is necessary to avoid a substantial risk of injury to public health, safety, and general welfare. (Ord. No. 17-2000, § 212, 7-20-00) Sec. 78-425. Interpretations and conflicts. (a) Interpretation. In their interpretation and application, the provisions of this division shall be the ininimum requirements for the promotion of the public health, safety, and general welfare. The regulations in this division shall be construed broadly to proinote the purposes for which they are adopted. (b) Conflict with other public p�ovisions. This division is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute or other provision of law, except as provided in this division. Where any provision of this division establishes restrictions different from those established by any other provision of this division or any other ordinance, rule, regulation, or other provision of law, the provision which is more restrictive or imposes higher standards shall control. (Ord. No. 17-2000, § 213, 7-20-00) Sec.78-426. Variances. Requests for a variance from one or more provisions of this division shall be reviewed by the BZA pursuant to section 78-53. (Ord. No. 17-2000, § 214, 7-20-00) Sec. 78-427. Enforcement, violations and penalties. (a) Enforcesnent and pYOhzbited acts. Violations of this division shall be enforced as provided in article VII. (b) P�^ohibited acts. (1) Plat approval required. a. It shall be unlawful to transfer or sell any parcel of land located in a proposed land development project or subdivision before a plat of the project or subdivision has been approved by the city council and recorded with the clerk of the circuit coui-t of the county. b. If a parcel of land is to be developed other than as a subdivision, a boundary plat shall be prepared, approved by the city council, and recorded with the Clerk of the Circuit Court of Palm Beach County. All applicable permits and required agreements froin other agencies to undertake the proposed land development shall be obtained prior to presenting a proposed plat for approval by the city council. c. Any plat or plats for a proposed development or subdivision must be approved by the city couizcil prior to issuing a building pennit to commence site construction for any vertical construction. (2) Metes and bounds. The subdivision of any lot or any parcel of land by the use of inetes and bounds description foi- the purpose of sale, trailsfer, lease, or developinent is prohibited, ui�less otherwise provided herein. (3) Pertnits and certificates of occupancy. Building pei7nits or cei-tificates of occupancy shall not be issued for the construction or occupancy of any building or structure located on a lot or plat subdivided or sold in violation of this division. (4) Recordation. A boundary plat or plat of a subdivision shall not be offered for recording by the clerk of the circuit court of the county until the plat has been approved by the city council and signed by the city engineer. (5) Misrepresentation. A property owner or agent for the property owner shall not falsely represent to a prospective purchaser of real estate that roads and streets, wastewater systems, water supply systeins, surface water manageinent facilities, or other public facilities will be built, constructed, or inaintained by the city. (c) Re�nedies. Violation of this division shall be enforced pursuant to article VII. Each day the violation continues shall constitute a separate offense. The city council shall have recourse to other remedies in law and equity as may be necessary to ensure compliance with this division. (Ord. No. 17-2000, § 215, 7-20-00) Sec.78-428. Exceptions. The division of land into parcels of more than ten acres not involving the need to create any new access, change in existing access, public easements, utility easements, or public infrastructure improvements is not to be deemed a subdivision within the meaning of these regulations. (Ord. No. 17-2000, § 216, 7-20-00) Secs.78-429--78-440. Reserved. Subdivision II. Application Procedure cznd Approval Process Sec. 78-441. General application procedure. (a) Plan and plat appYOVaI requiNed. Before any land is subdivided, the owner of the property proposed to be subdivided or owner's authorized agency shall apply for and secure approval of the items listed below: (1) Subdivision plan; (2) Construction plans; and (3) Plat. (b) Coordination with other development order applicatio�zs. Plat approval of the subdivision of land shall be required whenever an application for developinent approval includes or anticipates the subdivision of land. Upon city council approval of a PUD, PCD site plan, conditional use, or other development order necessitating a subdivision, an applicant shall proceed with the preparation of the plat and construction plans for the area to be subdivided, as described in these regulations, unless modified by the city council for a PUD or PCD. (c) BoundaNy plc�t required. All lands not otherwise subdivided which are the subject of an approved development order shall be designated by a boundary plat. The boundai•y plat shall be approved by the city council and placed in the official records of the county prior to issuance of a building permit for the subject property. (Ord. No. 17-2000, § 217, 7-20-00) Sec.78-442. Concurrency. All applications for subdivisioil approval shall comply with the concui�rency requirements of division 3 of article III. (Ord. No. 17-2000, § 218, 7-20-00) Sec. 78-443. Pre-application conference. Before preparation of subdivision plan, an applicant shall meet with the growth management department to review a proposed development, the procedure for approval of the proposed subdivision, applicable regulations, and the proposed installation of public facilities and improvements such as streets, water supply, wastewater collection and treannent, drainage, surface water management, and parks and recreation facilities. (Ord. No. 17-2000, § 219, 7-20-00) Sec. 78-444. Subdivision plan review and approval process. (a) Application procedure and requirements. The applicant shall submit for approval a subdivision plan to the department pursuant to section 78-448. (1) Schedule. The applicant shall submit the required application form and information to the growth management departinent, and the application shall be reviewed pursuant to the schedule indicated in Table 39. Table 39: Development Review Schedule Notes: *Working days are Monday through Friday, excluding city holidays. -- = Not Applicable DRC = Development Review Committee MAX = Maximum MIN = Minimum TABLE INSET: Action Working Days* Pre-Application Meeting -- Submit Application -- Completeness Review MAX 7 Staff Decision MAX 14 DRC Review MIN 14 DRC Decision MAX 14 Planning, Zoning, and Appeals Board Meeting MIN 7 City Council Workshop/Meeting MIN 23 City Council Meeting MIN 10 (2) Public ineetings. All applications for development orders to consider a subdivision request shall be subject to an advertised public hearing by the planning, zoning, and appeals board and the city council. Priar to scheduling a public hearing, the growth management department staff may schedule one or more workshops to review the application with the planning, zoning, and appeals board or city council. (3) Joint workshops. The growth management director may schedule a joint planning, zoning, and appeals board/city council workshop to review any request for approval of a subdivision of such size, nature, or complexity as to require timely consideration aild direction froin both bodies. (b) Plcznning, zoning, and appeals board meetings oY woNkshops. (1) Meetings or workshops. The planning, zoning, and appeals board shall consider the comments and recommendations froin the development review committee and growth management department staff at a public meeting or one or more workshop meetings. (2) Request for additional infonnation. When an application is considered by the planning, zoning, and appeals board at a workshop or public meeting, additional iiiformation regarding the application may be requested. The requested information shall be submitted by 12:00 noon at least ten working days, excluding holidays, prior to next scheduled planning, zoning, and appeals board meeting. When the additional information requires the review of any development review committee member, the information shall be submitted by 12:00 noon at least 12 working days, excluding holidays, prior to the next scheduled planning, zoning, and appeals board meeting. At the meeting when the additional infonnation is requested, the response period may be reduced to ten working days, excluding holidays, by the planning, zoning, and appeals board. (3) Public meeting. After completion of a workshop, if scheduled, to consider an application, the growth management department staff shall schedule a public meeting to consider the application. (c) Record of proceedings. The planning, zoning, and appeals board shall hold a public ineeting and shall prepare a record of the proceedings on each application for approval of a subdivision. The record shall be filed in the growth management departinent and shall be a public record. (d) Transmission of recommendation to city council. For each application for subdivision approval, the planning, zoning, and appeals board shall act as indicated below. (1) Recommendations. Adopt a recommendation to approve, deny, or approve with conditions. The recommendation shall be transmitted to the city council. (2) Approval. Approve, deny, or approve with conditions those development order applications subject to their jurisdiction. (e) City council considerc�tion. (1) Workshop ineeting. The city council may consider the comments and recolninendations from the planning, zoning, and appeals board, the growth maizagement department staff, and the development review committee staff at one or more workshop meetings. (2) Request for additional infonnation. When an application has been considered by the city council at a workshop or public meeting, additional information regarding the application may be requested. The requested information shall be submitted by 12:00 noon at least ten working days, excluding holidays, prior to the next scheduled city council meeting. When the additional information requires the review of any development review coinmittee member, the information shall be submitted by 12:00 noon at least 12 working days, excluding holidays, prior to the next scheduled city council meeting. At the meeting when the additional information is requested, fhe response period inay be reduced to ten working days by the city council. (3) Public meeting. After completion of a workshop or workshops to consider an application, the growth management depai-tment staff shall schedule a public meeting to consider the application. (4) City council decisions. Following the required public ineeting or ineetings, the city council shall approve, deny, or approve with conditions all applications for subdivision approval. For any action, the decision shall be adopted in resolution form. The resolutions adopted hereunder shall indicate the following: a. the city council decision; b. the reasons supporting the decision; c. a statement that the approval included reliance on all representations made by the applicant or applicant's agents at any workshop or public hearing; d. all conditions of appi•oval included within the decision; and e. specific reference to all documents, including but not liinited to the naine of preparer, title of the document, and date of preparation of all studies, subdivision plans, plats, and materials which are the basis of or are to implemented as part of the development order approval. (� Denial. If the subdivision plan was denied by the city council, a copy of the plan shall be returned to the applicant with reasons supporting the action of the city council within ten working days from the date of the final city council meeting at which the plan was reviewed. The applicant will have the option of revising the plan or submitting a new plan for review. Substantial changes to the revised plan or the subinittal of the new plan shall require review by the planning, zoning, and appeals board and the city council. (g) Effective period of subdivision plan appYOVaI. Unless extended by the city council as provided in subsection (h) of this section, the approval of a subdivision plan shall be effective for a period of 24 inonths from the date that the plan is approved by the city council. (1) Required submissions. Prior to the expiration of the 24 inonths, the applicant must have submitted construction plans and plat for approval and secured the first building pei-�nit. (2) Failure to submit. If construction plans and plat are not submitted for approval and the first building pennit is not secured within the 24-month period, the subdivision plan approval shall be null and void. If a subdivision plan is determined to be null and void, the applicant shall be required to submit a new subdivision plan for review subject to existing zoning and subdivision regulations. (h) Extensions of time. Prior to the expiration of the 24-month approval period, an applicant inay apply for a time extension by filing an application with the growth management department in accordance with the procedures established in division 2 of article III. (i) Zoning and subdivision regulations. A subdivision plan shall conform to the zoning, subdivision, and other land development regulations applicable at the time the proposed plan is subinitted for the approval of the city. All property being subdivided shall have the appropriate zoning designation for the land uses being proposed. (Ord. No. 17-2000, § 220, 7-20-00; Ord. No. 17-2004, § 5, 6-3-04) Sec. 78-445. Construction plans review and approval process. Upon approval of the subdivision plan by the city council, the applicaiit shall submit construction plans. The construction plans must be subinitted prior to or siinultaneous with the plat, as described in section 78-446. (Ord. No. 17-2000, § 221, 7-20-00) Sec. 78-446. Plat review and approval process. (a) Gene�^ally. Where proposed development includes the subdivision of land or land development requires a boundary plat, the final approval of a subdivision plan or development permit application shall be made contingent upon subsequeizt approval by the city council of a plat, as applicable, confonning to the appi•oved subdivision plan. (b) Application requirements. During the effective period of the subdivision plan approval or development order, the applicant shall file with the city an application for approval of a plat. The application shall include the items and infonnatioii listed below, in such number as required by the growth management department. (1) Application form. Application forms as provided by the growth management department. (2) Fee. Payment of the required fee. (3) Area included. Indicate the entire subdivision or phase thereof which derives access from an existing state, county, or city street or highway. (4) Copies. The required number of copies of the plat shall be provided as required by the growth management director. (5) Coinpliance. Coinply in all respects with the approved subdivision plan. (6) Surety. The development order and surety, if required, shall be provided in a form satisfactory to the city engineer, city attorney, and city manager in an amount established by these regulations. (7) State law. Demonstrate compliance with F.S. Chapter 177. (8) Additional infonnation. Provide, in a fonn acceptable to the city engineer, the following documents: a. a certificate of cost estimate prepared by a registered engineer; and b. a certificate from the city and county showing up-to-date payment of city and county property taxes, and an absence of any outstanding city or county liens, assessinents, or other county taxes against the property. (9) Inspection fee. Payment of an inspection fee in the amount established by the city council. (10) Permits. Provide evidence of all permits or agreements that authorize the construction of all required improvements. (c) Standczrds foY approval ofplats. The purpose of this subsection is to set forth the standards and criteria that the city shall consider in determining whether to approve or deny an application for plat approval. A plat for a proposed subdivision or boundary plat for a proposed development permit shall not be approved unless the application complies with the standards and criteria listed below. (1) Compliance. The application complies with the requirements of these regulations regarding the form and content of the plat, timely submittal, offers of dedication, and requirements of the development order. (2) Compliance with state law. The application complies with the requiresnents of F.S. Chapter 177, regarding the form and content of plats offered for recording prepared by a land surveyor licensed in the state. If the city chooses to verify the survey data shown on the plat, the city shall utilize a suiveyor at the expense of the applicant. (3) Surety. Adequate surety has been provided in a fonn acceptable to the city engineer and city attorney for the completion of required improvements in accordai7ce with subdivision III of this division. (4) Land development regulations. The application complies in all respects to the requirements of the land development regulations of the city. (5) Subdivision plan. The plat confonns to the approved subdivision plan. (d) Submission and review. (1) Copies. Four copies of the plat on paper, electronic rnedium, or other medium authorized by the city engineer and growth inanagement department, shall be submitted to the growth inanagement departinent. (2) Fee. A check payable to the clerk of the circuit court of the county, in the alnount of the current filing fee, shall be provided. (3) Review. The plat shall be reviewed by the department and the development review committee to detennine that the plat meets the requireinents of this division. Upon detennination by the department that the plat ineets the requireinents of this division, an original mylar of the plat, pursuant to F.S. Chapter 177, shall be transmitted to the city council for approval. (e) Boundczry plat. A boundary plat shall be reviewed and approved as provided in this subdivision. In addition to other required information, at a miniinum, a boundary plat shall contain the information listed below. (1) Boundary. Proposed boundaries of the plat. (2) Access. Legal access to the parcel and all easements interior to the parcel. (3) Easements. Utility, drainage, and other easements necessary for required improvements. (4) Water management. Water management tracts. (5) Phasing. Phasing lines or tracts affecting the parcel. (6) Encumbrances. Any encumbrances of record affecting the parcel. (Ord. No. 17-2000, § 222, 7-20-00) Sec. 78-447. Signing and recordation of plat. (a) Signing of plat. Signing of the subdivision plat or boundary plat is subject to the provisions listed below. (1) City engineer. The city engineer sha11 sign the final plat prior to the mayor. (2) Mayor's signature. The inayor shall endorse approval on the plat after all the conditions of the approval of the plat have been satisfied. (3) Required improvements. When installation of improvements is required prior to recordation of the plat, the mayor shall endorse approval on the plat after all applicable conditions of the development order have been satisfied and all improvements satisfactorily completed. There shall be written evidence that the required improvements have been installed in a manner satisfactory to the city as evidenced by certificate of completion signed by the applicant's engineer and approved by the city engineer. (b) Submission of digital files. (1) Electronic media. Prior to plat recordation, the property owner or owner's engineer shall submit on city-approved electronic media digital files for final construction plan data and final plat survey data. The files provided to the city shall show all final plat survey data and line annotations, including, but not limited to the following: a. Lots; b. Roadways; c. Easements; d. Preserve areas; e. Buffer areas; £ Maintenance areas; and g. Other specified infonnation which appears on the map portion of the plat. The files shall also contain all final construction plan data as stated above. The coardinate positions within this file are to be rotated and translated to State Plane Coordinates in the North American Datuin of 1983/adjustment of 1990 (NAD 83/90) Florida East Zone, or currently approved datum, based upon the required tie-in to geodetic control. (c) Recordation of plat. (1) Execution. The mayor and city engineer shall execute the original plat. (2) Filing. The city clerk shall file the plat in accordance with F.S. Chapter 177. (d) Phasing of plats. Prior to granting final approval of the plat, the city inay permit the plat to be divided into two or more phases. The city council may impose such conditions upon the filing of the phases as it may deem necessary to ensure the orderly development of the plat. The city may require that the developinent order and surety be commensurate with the phases of the plat to be filed and inay defer the remaining amount of the surety until the reinaining phases of the plat are offered for filing. (e) Plat pNepa�ation. A plat shall be prepared by a land surveyor licensed in the state pursuant to F.S. Chapter 177. Four paper prints of the plat shall be submitted for initial review. Upon revision, one mylar of the revised plat shall be submitted for signatures and recordation. (Ord. No. 17-2000, § 223, 7-20-00) Sec. 78-448. Submission requirements for subdivision approval. (a) Application. Applications for subdivision plan approval shall submit the infonnation as required in this section and described herein. (1) Application. Application form as provided by the growth management department. (2) Area location map. Located on the front cover sheet of the subdivision plan, indicating the following: a. General vicinity or location map drawn to scale, both stated and graphic; b. The position of the proposed developinent in the section, township, and range; and c. The principal roads, city limits, and other pertinent orientation infonnation as may be required by the city engineer or growth inanagement departinent. (3) Authority. A statement of the applicant's interest in the property and: a. If joint and several ownership, a written consent to the application by all owners of record; b. If a contract purchase, written consent of the seller or owner; c. If an authorized agent, a copy of the agency 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 naine 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 represeiltative is in fact an officer the corporation; or f. If a group of contiguous property owners, all the owners of the property described in the application must provide written consent. (4) Subdivision plans. Subdivision plans submitted pursuant to this section shall contain the information listed below and in such nuinber as required by the growth management department. The subdivision plan shall be prepared in sufficient detail to illustrate the proposed developinent such that, once approved, the plan can be used as a basis for the preparation of construction plans and plat. a. All plans shall be drawn to a scale that is sufficient or necessary for proper review of the proposal. b. A description of the future land use and zoning designations and boundaries, and development characteristics surrounding the site of the proposed development. c. A statement indicating the consistency of the proposed lai�d uses with the future land use plan and zoning designations. d. The front cover sheet of each plan shall include: 1. A complete legal description of the property; 2. The area of the property shown in acres; 3. The name, address and telephone number of the applicant; and 4. The name, business address, and telephone nuinber of those individuals responsible for the preparation of the drawings. e. Each sheet shall contain a title block with the name of the development stated and graphic scale, a north arrow, and date. f. Boundary survey. g. Physical and environmental conditions. 1. Existing contours at one-foot intervals based on field surveys or photogrametric suiveys using county data for the tract to be subdivided and extending a minimum of 100 feet beyond the tract boundary. 2. Identification of on-site soils using the U.S. Soil Conservation Service classification systein. 3. The anticipated wet season water table, as determined by a registered engineer. 4. The location, depth, and extent of all soils defined as unsuitable for development where development is proposed to encroach into those areas, as determined by a registered engineer. 5. Identification of all native habitats and environmentally significant areas, including but not limited to freshwater marsh, cypress doines and strands and wetland hardwood vegetative communities. Wetland jurisdictional boundaries should be shown. All identified conservation areas which are to be retained will be shown and noted as a"conservation easement." 6. The 100-year flood elevation data for the proposed development site as indicated on the flood insurance rate map (FIRM), prepared by the Federal Emergency Manageinent Agency. Where the 100-year flood elevation has not been established, the applicant shall conduct the necessary drainage basin studies to establish the 100-year flood elevation to the satisfaction of the city engineer. h. Names of all abutting subdivisions and location of adjoining platted lots and parcel lines within 100 feet. Identification of all abutting unplatted property. i. Existing roads, utilities, drainage, easements and improvements, including buildings located within 100 feet of the boundaries of the site. j. The proposed residential, coininercial and industrial land use types, development density and intensity, and miniinum lot size. If residential, the number, height and type of residential units. k. Lot design, including the following: 1. Total number of lots; 2. Lots, drawn to scale, and typical lot dimensions; 3. Tracts for multifamily development; and 4. Setbacks froin streets and highways. l. Approximate phasillg and acres in each phase of the project, if applicable. m. Location of all sites for multifamily, coininercial, industrial, utility, institutional, or recreational uses, and other public and nonpublic uses exclusive of single-family residential lots. n. Required improvements, including the information listed below. 1. The naine, location, and right-of-way width of all existing streets, rights-of-way and platted streets within 500 feet in each direction of the proposed entrances to the proposed subdivision. 2. Proposed streets including: (i) The name or temporary designation and right-of-way width; (ii) Typical design cross section indicating paveinent type, width, drainage features, sewer and water main locations, utility locations, and sidewalks and bikeways; (iii) Separate cross sections for all entrance roads featuring medians, with a note explaining inaintenance and ownership responsibility; (iv) Any streets in the county thoroughfare improvement plan and the comprehensive plan of the city; and (v) Proposed ownership and maintenance of streets. 3. Statement regarding any proposed vacation of rights-of-way or easements. o. The proposed method and source of water supply and wastewater treatment shall be shown. The subdivision plan shall show the points of connection to the existing systems. p. A stormwater management plan will be provided with a schematic diagram of the proposed storinwater collection system, method of pollution control, and stonnwater retention and detention with preliminary calculationsThe direction of flow for all surface drainage and existing storm sewers on or abutting the tract shall be shown. 1. Proposed stormwater retention and detention areas shall be shown on the plan. 2. Basin analyses for "pass through" drainage shall be provided, and for larger development, the city engineer may require approval of a conceptual environmental resources permit (ERP) from the South Florida Water Management District. q. The location of landscape buffers or screening walls along external collector and arterial roads, with landscape plans for entrance features, subdivision streets, buffers and common areas in compliance with division 7 of article V. r. The location and nature of any proposed shoreline vegetation alteration. s. The location, width, purpose, and maintenance responsibilities for all proposed easements, facilities, or rights-of-way other than for streets. t. Compliance with division 4 of article V pertaining to natural resources and environmentally significant lands, and other ordinances included in the land development regulations. u. Compliance with the comprehensive plan, including a determination the subdivision plan complies with the city's concurrency requirements. (5) Construction plans. Construction plans shall be prepared for required improvements containing the minimuin requireinents as indicated below. a. Coinplete horizontal control of the project sufficient to construct the project and deterinine the dimensions of all site improvements. b. Grading plan showing original and final contours at one-foot intervals. Final contours inay be oinitted if sufficient infonnation such as pad elevations and spot elevations are provided to show final detailed elevations of all iinprovements including the periphery of the property and areas around lakes and along watercourses. c. Plan showing the location and typical cross sections of street pavement including the following: 1. Concrete curbing, sidewalks, utility and draillage easements, rights-of-way, manholes, and catch basins; 2. The location, size and invert elevations of existing and proposed wastewater sewers and storm sewers; and 3. Location and size of existing and proposed water, gas and other underground utilities or structures. d. All specifications ai�d requirements described in article IV, iilcluding a drainage plai�. e. Engineering calculations in support of proposed plans and specifications. All construction plans and supporting docuinents submitted to the city engineer for review and approval shall bear the date, seal and signature of the engineer of record responsible for the plans. (6) Presentation of infonnation. The infonnation required may be presented textually, graphically, or on a map, plan, aerial photograph, or by other lneans, whichever most clearly conveys the required information. It is the responsibility of the applicant to submit the information in a fonn that allows ready deternlination of compliance with the requirements of this division. (Ord. No. 17-2000, § 224, 7-20-00) Secs.78-449--78-460. Reserved CITY OF PALM BEACH GARDENS Planning, Zoning and Appeals Board Agenda Cover Memorandum Meeting Date: November 10, 2009 Petition #: LDRA-09-07-000024 SUBJECT/AGENDA ITEM: LDRA-09-07-000024: City Initiated request for pole-mounted banner criteria Recommendation to City Council: The proposed amendment to the City's Code of Ordinances would amend Chapter 78, "Land Development," including Sections 78-187, "Special events," Section 78-284, "Prohibited signs and prohibited sign locations," Sections 78-285, "Permitted Signs," 78-290, "Temporary Signs Allowed," and Section 78-751 "Definitions" and adding an additional Section 78-292, "Pole-mounted Banner Criteria". These amendments establish regulations for display of pole-mounted banners and provide for internal consistency. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: Planning, Zoning and Planning an gei° Growth Management: Costs: Appeals Board Pr�oje t�anager: $ N/A Action: Nat 1 W ng, AICP �� Total � ] Approved Allyson Black $ N/A �] App. w/ conditions City Attorney: Resource Manager Current FY �] Denied N/A [ ] Continued to: Max Lohman [ ] Quasi-Judicial Funding Source: Development Compliance: [ X ] Legislative N/A [ X] Public Hearing [] Operating Bahareh Keshavarz, AICP � � Workshop [X] Other Attachments: Growth Management Advertised: N/A Adm` 'st ator: Date: 10/30/09 — • Proposed ` Paper: Post Ordinance 29, 2009 Budget Acct.#: Kara L. Irwin, AICP [] Not Required NA Approved By: City Manager: Affected parties: N/A Ronald M. �erris [ ] Noiified [ X ] Not Required LDRA-09-07-000024 Meeting Date: November 10, 2009 EXECUTIVE SUMMARY On May 21, 2009, the City Council requested staff to research and create criteria for both permanent pole-mounted banners as well as temporary banners for the City Council's consideration. The proposed Land Development Regulations Text Amendment removes banners as prohibited signage in the City of Palm Beach Gardens and sets forth a process and criteria by which banners may be approved in the City. : ;_ _._ :_ � ► 1 As discussed during the May 21, 2009, City Council meeting, the City's Land Development Regulations Code currently prohibits banners, unless specifically approved by City Council or for a special event. The City has had two applications for permanent pole-mounted banners for developinent projects within the last two years, PGA Commons and Legacy Place. This was the first time that the development community requested the permanent use of banners on a project, as opposed to temporary grand opening or special event banners. At the May 21, 2009, City Council meeting, City Council directed staff to research and create criteria for both permanent pole-mounted banners as well as temporary banners for the City Council's consideration. On June 18, 2009, the City Council was presented the proposed criteria for perinanent pole-mounted banners, temporary holiday banners, and temporary special event pole-mounted banners. On August 18, 2009, the City Council approved permanent and temporary holiday banners at the Legacy Place Mixed-Use Planned Community District based upon the criteria previously presented. SUMMARY OF PROPOSED CHANGES The following sections of the City's Land Development Regulations are proposed to be amended: Sec. 78-187. Special events. (a) Per�nit NequiNed foN special event. (This subsection shall remain in full force and effect as previously adopted.) (b) PeNmit �^equi�^ements. (1)-(3) (These subparagraphs shall remain in full force and effect as previously adopted.) (4) Signage. Signs are permitted only if related to a special event. a. On-site signs: 1. IIvi�<� �ro �v� �.i1-o niirr s�or� nv�onin� o��or4' �n r�o}•mi1�4�� iir��onn <: n� �� 4� Vill,' V11V Vll J11.t+ Jl ,�11 �1V1 �A��CI�'l.Ti�tIY:Y�VT-i'B�e'� C��ri�CCCC:7'GZLSTITCYYI��IIC�V.TCVt �''�= One (1) on-site si�n is nermitted for each side of _the nrot�ertv '' � � 2. �3. �4. LDRA-09-07-000024 Meeting Date: November 10, 2009 that fronts a bublic ri�ht-of-wav for no less than 50' linear feet, up to a maximum of three (31 si�ns. For sbecial events in residential nei�hborhoods, one (11 on-site si�n is permitted. Any on-site sign related to a special event shall be illustrated in a detailed on-site sign plan, including, but not limited to the proposed location, size, type, copy area, graphics, and color, including the dates of installation and removal of the sign for with the event in accordance with section 78-290: Temporary signs. �-�Eai�E�--��S-�31 e ITe"S ��i'FYC�' � r111�ClilJ�i�lir�r� � n v��c 1/�1 �� nNNNl�r)�!Y 410N i�p �1Ci/�N�i�l�N !�Y �"NO [�Y10l�l�l� 0�]�Ni'[i H�,,,,,,o,,. No signs shall uYNi v v�.0 N�.i �ri be permitted in the safe site visibility triangles as described in section 78-315(i): Visibility triangles. b. Off-site signs: (This subsection shall remain in full force and effect as previously adopted.) (5)-(10) (These subparagraphs shall remain in full force and effect as previously adopted.) [NOTE: This provides consistency with number and types of special events signage.] Sec. 78-284. Prohibited signs and prohibited sign locations. (a) (This subsection shall remain in full force and effect as previously adopted.) (b)-(g) (These subsections shall remain in full force and effect as previously adopted.) (h) Othe� prohibited signs. In addition to the prohibited signs indicated above, the following signs are prohibited in the city: (1) Awning signs, unless otherwise provided herein; (2) Bunting, pennants, streamers, �s, and other similar signs or devices normally but not always installed in a series, designed to move with the wind, and usually attached to buildings, trees, ropes, poles, and similar structures; provided, however, ��:� ��*<, ,,,,,,,,,,;� mn<� �� the use of pole-mounted banners ma be bermitted in accordance with Section 78-292. (3)-(24) (These subsections shall remain in full force and effect as previously adopted.) i) SeveNabilitv. Should anv brovision of Section 78-284 or anv bortion thereof. anv bara�rabh, sentence. or word be declared bv a Court of comnetent iurisdiction to be invalid. such decision shall not affect the validitv of the remainder of Section 78-284. [1V(.�'I'E: This allows pole-mounted banners to be permitted in accordance with Section 78- 292 and adds a severability clause.] Sec. 78-285. Permitted signs. Page 3 Table 24: Permanent Signs *** LDRA-09-07-000024 Meeting Date: November 10, 2009 Max. Max. Permitted Maximum Sign Size Sign Maximum Zoning Dimensions Other Limits Type Districts FS� . Faces Number � 1� Commercial and/or 1 ber li�ht Pole- 3 feet width *Meet all mounted Mixed Use 21 sa• 2 pole and/or bv 7 feet reauirements in and/or feet = pedestrian Banner public pole le� Section 78-292 Institutional [NOTE: This adds a pole-mounted banner to the permanent sign section with criteria.] Sec. 78-292. Pole-mounted Banner Criteria. Pole-mounted banners shall onlv be bermitted in public institutional, commercial or mixed-use zoned areas for the limited burboses of brand identification or as a holidav decoration brovided the following conditions are met: �al. A miscellaneous blan abbroval bv citv council is i•eauired for all bole-mounted banner ro�rams, excebt those installed on Citv probertv bv the Citv. Anv additional bole-mounted banners, �rabhics, locations or increase of si�n sauare footage other than what was breviouslv apbroved bv citv council reauires a new miscellaneous blan review anproval. As bart of the a blication brocess the abblicant must comblete a detailed si�n bro�ram to include: l. A cobv of a current site blan showin� all the broposed locations where the bole-mounted banners are to be blaced: 2. The li�ht bole detail unon which the bole-mounted banner is to be located: 3. The bole-mounted banner's cobv shall be limited to the name of the develobment, the develobment's lo�o and develobment's brandin�, which does not include anv individual business name. tenant or individual business' lo�o. 4. All �rabhic desi�ns, variations and/or seasonal sets of the banners must be nrovided for cit council review and anbroval in accordance with the criteria set forth herein. bl. `�he bro�ram shall meet the followin� reauirements: Page 4 LDRA-09-07-000024 Meeting Date: November 10, 2009 1 Pole-mounted banners must be located on an existin� li�ht bole• 2. One (11 bole-mounted banner ber li�ht nole mav be bermitted; 3. Pole-mounted banners on li�ht boles shall be two-sided with the identical desi�n on each side; 4. Trees, balms, or shrubs shall not be bruned bevond the limits of the citv codes or accebted maintenance standards in order to facilitate the blacement of anv banners; 5. Banners shall not interfere or block anv existin� or future traffic or bedestrian controls or —_ ' _- 6. Within 24 hours of announcement of a trobical storm or hurricane watch bv the National Hurricane Center, which places the Citv within the "3-dav cone of brobabilitv," all pole- mounted banners shall be removed• 7. The Citv mav reauire the removal of anv bole-mounted banner should the Citv find that the bole-mounted banner is in a state of disrebair or is not bein� maintained abbronriatelv with resbect to accebted maintenance standards (not faded, free from rips and tears roberlv attached, untattered and �enerallv in a state of �ood rebairl. The apnlicant shall eithez remove or reblace the banner within ten (101 calendar davs of bein� noticed• 8. All poles holdin� or supportin� bole-mounted banners shall reauire a buildin� perinit in order to verifv the safetv and wind loads of the banners; 9. Pole-mounted banners shall onlv be interior to a particular site or development and shall not be placed in an area immediatelv adiacent to a public ri�ht-of-wa� 10. Li�ht boles with bole-mounted banners shall be a minimum of fifteen (151 feet from the ronertv line and no portion of the pole-mounted banner shall extend into or be visible from a bublic ri�ht-of-wav immediatelv adiacent to the brobertv or development upon which such bole mounted banners are located; 11. The minimum clearance of banners above the finished �rade shall be ei�ht f81 feet; 12. Non-rectan�ular bole-mounted banners shall conform onlv to the maximum banner area criteria brovidin� that a minimum clearance of ei�ht (81 feet above the finished �rade is maintained. 13 o Bann�er Size: a. Pole-mounted banners on li��t boles shall meet the followin� dimensions: Page 5 LDRA-09-07-000024 Meeting Date: November 10, 2009 Height of Maximum Maximum Li�ht Pole Banner Area Dimensions 20 to 25 Feet 21 sauare feet 3 feet width bv 7 feet len�th Less than 20 Feet 4.5 sauare feet 1.5 feet width bv 3 feet len�th b. A banner's hi�hest boint shall not exceed the hi�hest boint of the pole ubon which it is mounted. [NOTE: This provides criteria to be met for the submission and consideration of approval by the City Council for pole-mounted banners in the City of Palm Beach Gardens.] Section 78-751. Definitions. Si�n, Pole-mounted banner means signa�e that has letters, illustrations, or drawings that are a�plied to fabric or vinyl and are attached to a street pole or light pole in accordance with Section 78-292. �ee� . . . _ . . . Rs��.e�e� . .. - - :. - - - - . . .. . - .' : .. . .- -- - - - -• - - • • - - - -- .:. : . - . : . . - -- - . : . . . - -.. . . _. . .. : -: . ... . - [NOTE: This provides for a definition of "pole-mounted banner" for consistency in the City's Land Development Regulations.] STAFF RECOMMENDATION Staff recommends approval of Ordinance 29, 2009, establishing set criteria for pole-mounted banners, as well as providing consistency in the Land Development Regulations for banner signage. �age 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ORDINANCE 29, 2009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING CHAPTER 78. LAND DEVELOPMENT. BY REPEALING SUBSECTION 78-187(b)(4)(a), SUBSECTIONS 78-284(h) AND READOPTING SAME AS REVISED; FURTHER AMENDING CHAPTER 78. BY ADOPTING NEW SUBSECTION 78-271(i); FURTHER AMENDING CHAPTER 78. BY AMENDING TABLE 24 OF SECTION 78-285. PERMITTED SIGNS. IN ORDER TO REVISE AND CLARIFY THE CRITERIA REGULATING PERMANENT BANNERS; FURTHER AMENDING CHAPTER 78. AT SECTION 78-751. DEFINITIONS., TO PROVIDE DEFINITIONS FOR "SIGN, POLE-MOUNTED BANNER" AND TO DELETE THE DEFINITION FOR "SIGN, LIGHT POLE"; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78, LAND DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Council has determined that a need exists to create criteria for permanent and temporary banners in the City of Palm Beach Gardens; and WHEREAS, on June 18, 2009, City Council discussed general criteria that would be suitable to include for permanent pole-mounted banner and temporary banner criteria; and 30 WHEREAS, City staff has initiated an amendment (Petition LDRA-09-07-000024) 31 to the City's Land Development Regulations amending Chapter 78. Land Development. 32 in order to address the City Council's concerns; and 33 34 35 36 37 38 39 WHEREAS, proposed code is consistent with previously discussed criteria; and WHEREAS, on November 10, 2009, the Planning, Zoning and Appeals Board, sitting as the Local Planning Agency, conducted a public hearing and recommended approval and adoption of the proposed amendment to the City Council with a vote of _ ; and 40 41 WHEREAS, the City Council has determined the adoption of this Ordinance is in 42 the best interest of the citizens and residents of the City of Palm Beach Gardens. 43 44 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 45 OF PALM BEACH GARDENS, FLORIDA that: 46 Ordinance 29, 2009 1 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 2 3 SECTION 2. Chapter 78, Land Development of the Code of Ordinances of the 4 City of Palm Beach Gardens, Florida is hereby amended at Section 78-187. Special 5 events. by repealing subsection (b)(4)(a) and readopting same, as revised; providing 6 that Section 78-187 shall hereafter read as follows: 7 8 Sec. 78-187. Special events. 9 (a) Permit required forspecial event. (This subsection shall remain in full force and 10 effect as previously adopted.) 11 (b) Permit requirements. 12 (1)-(3) (These subparagraphs shall remain in full force and effect as previously 13 adopted.) 14 (4) Signage. Signs are permitted only if related to a special event. 15 a. On-site signs: 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4Q 41 42 43 44 45 46 1. 2 �3 �� Linl�i nno r�n _oi�o cinn v�or cr�oni�l o�ion� ic r�ormi��or1 i �nlocc �nioi�iord � h�i +ha nrn�nhh m�nonomont r7iron+nr fnr nnnr! r�o� ico �nrJ �ho r�i ihlin ;nt�r°��}� One (11 on-site sian is permitted for each side of the proaertv that fronts a aublic riaht-of-wav for no less than 50' linear feet. up to a maximum of three (3) sians. For special events in residential neiahborhoods, one (1) on-site sian is permitted. Any on-site sign related to a special event shall be illustrated in a detailed on-site sign plan, including, but not limited to the proposed location, size, type, copy area, graphics, and color, including the dates of installation and removal of the sign for with the event in accordance with section 78-290: Temporary signs. ,go�nn nc �riiJ fl�rrc r�� rJ �n�� ci�_nn�nr� r�l�n mo�i ho �,.�, .��y�� -� K9�F�--�2�2—E�S�F��-F6F1—A��p cC—Ii�T�b'°c.�j '�`�i�rr�-r°��r—. N O signs shall be permitted in the safe site visibility triangles as described in section 78-315(i): Visibility triangles. b. (This subsection shall remain in full force and effect as previously adopted.) (5)-(10) (These subparagraphs shall remain in full force and effect as previously adopted.) SECTION 3. Chapter 78, Land Development of the Code of City of Palm Beach Gardens, Florida is hereby amended at Section signs and prohibited sign locations. by repealing subsections (h) anc as revised and adopting an entirely new subsection (i); providing tl shall hereafter read as follows: Ordinances of the 78-284. Prohibited I readopting same9 iat Section 78-284 Sec. 78-284. Prohibited signs and prohibited sign locations. (a) (This subsection shall remain in full force and effect as previously adopted.) (b)-(g) (These subsections shall remain in full force and effect as previously adopted.) � Ordinance 29, 2009 1 (h) Other prohibited signs. In addition to the prohibited signs indicated above, the 2 following signs are prohibited in the city: � 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 �2 33 34 (1) Awning signs, unless otherwise provided herein; (2) Bunting, pennants, streamers, �a�-�e�s, and other similar signs or devices normally but not always installed in a series, designed to move with the wind, and usually attached to buildings, trees, ropes, poles, and similar structures; provided, however, t-k�,��; �-y—^��^�' m°„ °��r^„° the use of pole-mounted banners mav be permitted in accordance with Section 78-292. (3)-(24) (These subsections shall remain in full force and effect as previously adopted.) (i) Severabilitv. Should anv arovision of Section 78-284 or anv portion thereof, anv paraaraph, sentence, or word be declared bv a Court of competent iurisdiction to be invalid, such decision shall not affect the validitv of the remainder of Section 78-284. SECTION 4. Chapter 78, Land Development of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended at Section 78-285. Permitted signs. by adding "Pole-mounted Banner" and regulations for same to the list of permanent signs contained in Table 24; providing that the regulations for "Pole-mounted Banner" as appended to Table 24 shall hereafter read as follows: Sec. 78-285. Permitted signs. Table 24: Permanent Signs *** Permitted Max. Max. Maximum Sign Size Sign Maximum Type Zoning �Sq. Faces Number Dimensions Other Limits Districts Ft� (1) Commercial and/or 1 qer liaht *Meet all Pole- 21 3 feet width Mixed Use pole and/or reauirements mounted sc�.. 2 bv 7 feet and/or = pedestrian in Section 78- Banner Public feet � lenath 292 Institutional SECTION 5. Chapter 78, Land Development of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended by adopting and entirely new Section 78-292. Pole-mounted Banner Griteria.9 providing that new Section 78-292 shall hereafter read as follows: Sec. ?8-292. Pole-mounted Banner Criteria. 3 Ordinance 29. 2009 1 Pole-mounted banners shall onlv be aermitted in public institutional, commercial or 2 mixed-use zoned areas for the limited purposes of brand identification or as a holidav 3 decoration; provided the followina conditions are met: 4 5 a). A miscellaneous plan approval bv citv council is reauired for all pole-mounted 6 banner proarams. except those installed on Citv aropertv bv the Citv. Anv additional 7 pole-mounted banners. araphics, locations or increase of sian sauare footaae other 8 than what was areviouslv aparoved bv citv council reauires a new miscellaneous plan 9 review approval. As part of the abalication qrocess the apqlicant must complete a 10 detailed siqn proaram to include: 11 12 1. A copv of a current site plan showina all the proposed locations where the qole- 13 mounted banners are to be placed� 14 15 2. The liaht pole detail upon which the pole-mounted banner is to be located: 16 17 3. The pole-mounted banner's copv shall be limited to the name of the 18 develoament. the development's loao and development's brandina, which does 19 not include anv individual business name. tenant or individual business' loao. 20 21 4. All araphic desians, variations and/or seasonal sets of the banners must be 22 provided for citv council review and aqproval in accordance with the criteria set 23 forth herein. 24 25 26 27 28 29 30 b). The aroaram shall meet the followina reauirements: 1. Pole-mounted banners must be located on an existina liqht pole� 2. One (1) aole-mounted banner per liaht pole mav be permitted: 31 3. Pole-mounted banners on liaht poles shall be two-sided with the identical desian 32 on each side: 33 34 4. Trees, palms, or shrubs shall not be pruned bevond the limits of the citv codes or 35 accepted maintenance standards in order to facilitate the placement of anv 36 banners: 37 38 5. Banners shall not interfere or block anv existina or future traffic or aedestrian 39 controls or sianaae: 40 41 6. Within 24 hours of announcement of a troaical storm or hurricane watch bv the 42 National Hurricane Center. which �laces the Citv within the "3-dav cone of 43 probabilitv9" all pole-rr�ounted banners shall be removed: 44 45 7. The Citv mav reauire the removal of anv pole-mounted banner should the Citv _ __ . 46 find that the pole-mounted banner is in a state of disrepair or is not beina � 1 2 3 4 5 Ordinance 29, 2009 maintained appropriatelv with respect to accepted maintenance standards (not faded, free from rips and tears. aroperlv attached, untattered and aenerallv in a state of aood repair). The aaplicant shall either remove or replace the banner within ten (101 calendar davs of beina noticed: 6 8. All poles holdina or supportina pole-mounted banners shall reauire a buildina 7 permit in order to verifv the safetv and wind loads of the banners: 8 9 9. Pole-mounted banners shall onlv be interior to a particular site or develoament 10 and shall not be placed in an area immediatelv adiacent to a public riaht-of-wav: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 10. Liaht poles with pole-mounted banners shall be a minimum of fifteen (15) feet from the proaertv line and no aortion of the pole-mounted banner shall extend into or be visible from a public riaht-of-wav immediatelv adiacent to the aroaertv or development upon which such pole mounted banners are located; 11. The minimum clearance of banners above the finished arade shall be eiaht (8) feet; 12. Non-rectanaular pole-mounted banners shall conform onlv to the maximum banner area criteria arovidina that a minimum clearance of eiaht (8) feet above the finished arade is maintained. 13. Banner Size: a. Pole-mounted banners on liaht poles shall meet the followina dimensions: Heiaht of Maximum Maximum Liaht Pole Banner Area Dimensions 20 to 25 Feet 21 sauare feet 3 feet width bv 7 feet lenath Less than 20 Feet 4.5 sauare feet 1.5 feet width bv 3 feet lenath b. A banner's hiahest point shall not exceed the hiahest point of the pole upon which it is mounted. 32 SECTION 6. Chapter 78, Land Development of the Code of Ordinances of the 33 City of Palm Beach Gardens, Florida is hereby amended at Section 78-751. Definitions. 34 by adding new definitions for the terms "Sign, Pole-mounted banner" and "Sign, Right- 35 of-way banner" and deleting "Sign, light pole" each of which shall be placed in 36 alphabetical arder in or removed from the list of definitions, providing that "Sign, Pole- 37 mounted banner" and "Sign, Right-of-way banner" shall hereafter be defined and read ,.. . .� as followse Section 78-751. Definitions. 5 � 2 3 4 5 Ordinance 29. 2009 Sign, Pole-mounted banner means siqnaqe that has letters, illustrations, or drawinqs that are applied to fabric or vinyl and are attached to a street pole or liqht pole in accordance with Section 78-292. � .. .. .. .._ . .. . .._ _ .._ _ ... . _. .. .. .. _ . .. -- - -- - ._ . . .. . -- - -- -- - . . .- •- - ' - -- - - -••- -• - --- - -- - -- - -- -. . - 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 7. All ordinances or parts of ordinances in conflict be and the same are hereby repealed. SECTION 8. Should any section thereof, any paragraph, sentence, or jurisdiction to be invalid, such decision this Ordinance. or provision of this Ordinance or any portion word be declared by a Court of competent shall not affect the validity of the remainder of SECTION 9. Specific authority is hereby granted to codify this Ordinance. SECTION 10. This Ordinance shall take effect immediately upon passage. [The remainder of this page is intentionally left blank.] C� 1 � 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4Q 41 42 43 44 45 46 Ordinance 29, 2009 P,ASSED this day of , 2009, upon first reading. PASSED AND ADOPTED this day of , 2009, upon second 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: I:�'ii Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: R. Max Lohman, City Attorney 0 FOR AGAINST ABSENT CITY OF PALM BEACH GARDENS PLANNING, ZONING and APPEALS BOARD Agenda Cover Memorandum Meeting Date: November 10, 2009 Petition #: LDRA-09-07-000025 SUBJECT/AGENDA ITEM LDRA-09-07-000025: Code Amendments to Environmental Lands Mitigation and Dumpsters/Recycling. Public Hearing & Recommendation to City Council: This is a City initiated Land Development Regulations ("LDRs") text amendment. The proposed amendment helps clarify various Natural Resources and Environmentally Significant Lands code requirements, and amend current environmental 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. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: OriginaYing Dept.: FINANCE: PZAB Action: City Attorney: Growth Managemeut: Project Ma�er: Costs: [] Rec. Approved �i�� $ N/A [] Rec. app. w/ conditions R. Max Lohman, Esq. Mark Hendrickson Total [] Rec. Denied Development Compliance; City Forester [] Continued to: $ N/A Bahareh Keshavarz-Wolfs, AICP �� Quasi-Judicial Current FY [ X] Legislative Plan ii an er. [ X] Public Hearing Funding Som•ce: [ ] Workshop �talie Wong, AICP [ ] Operating AttachmenYs: Advertised: Date:9/ll/09 • Current Conservation Growth anagemei�t [X] Other N/A �lement Ad� is tar: Paper: Post • Proposed Ordinance 30, [X] Required 2009 Kara . Irwii�, AICP [] Not Required gudget Acct.#: NA Approved By: City Manager: Affected parties: [ X ] Notified Ronald Iv1. Ferris �] I�Iot Requized Meeting Date: November 10, 2009 Petition: LDRA-09-07-000025 Page 2 of 25 I.�_ � f l:�! 1. Z � I I l►` 117 The City of Palm Beach Garden's first "Natural Resources and Environmentally Significant Lands" code was adopted by Ordinance 4, 1990. It was amended shortly after by Ordinance 7, 1993 primarily to opt out of the Palm Beach County's countywide ordinance on environmentally sensitive lands. As the new millennium approached, City staff noticed that developers began considering the use of mitigation rather than preservation on-site. By November 2000, City Council had held two workshop meetings on the land appraisal issue where the method for cash payment in lieu of preservation was debated. City staff began preparation for the clarification of existing environmental mitigation policies and proposed an amendment to the Land Development Regulation (LDR-O l-06) in Januaiy 2003. The proposed amendment to the existing appraisal language was so hotly contested by the development community, the petition was withdrawn. Within the last nine years, the City has approved seven developments which contained provisions for environmental mitigation in lieu of upland preservation on site. The following proj ects were approved with environmental mitigation: • The Isles PUD (Ordinance 19, 2000): 100% off-site mitigation was approved with 1.14 acres ultimately located within the platted upland preserve of Magnolia Bay PUD; • Legacy Place PCD and Parcel SB PUD: Combined approval (Resolution 1, 2001) for 100% off-site mitigation with 10 acres ultimately located within the platted preserve of the ParcelSA PCD; • Legends at the Gardens PUD (Ordinance 7, 2003): (50%) mitigated off-site with 3.47 acres of vacant property bought within the Sandtree PUD and preserved through a Conservation Easement dedicated to the Sandtree Homeowners Association; • Donald Ross PUD (Resolution 115, 2004): (29%) mitigated off-site with a 3.09 acre Conservation Easement located off of the Bee Line Highway; • Gardens Station PUD (Resolution 217, 2004/Resolution 87, 2005): 100% environmental mitigation with a 1.62 acre Conservation Easement located off of the Bee Line Highway; and • Borland PUD (Resolution 92, 2004/Resolution 10, 2005): (78%) mitigated off-sitie with a 4.63 acre Conservation Easement. A City-initiated Comprehensive Plan text amendment to the Conservation Element began in January of 2005 (Petition CP-OS-02) to clarify that the City Council may approve either off-site mitigation or payment in lieu of preservation under a�propriate circumstances. On June 9, 2005, the City Council adopted said text amendment by Ordinance 9, 2005, and it became effective on Meeting Date: November 10, 2009 Petition: LDRA-09-07-000025 Page 3 of 25 September 1, 2005. The language in Ordinance 9, 2005 was incorporated into the current Comprehensive Plan which was adopted on December 18, 2008, by Ordinance 14, 2008. This proposed amendment to the Land Development Regulations incorporates the same comprehensive plan language into the environmental code section of the LDRs. It also incorporates the City Council's direction that mitigation is for properties located east of the urban growth boundary. City staff is also taking this opportunity to address Comprehensive Plan Policy 6.2.2.5 concerning recycling regulations to encourage conservation. PROPOSED CITY CODE AMENDMENTS: City staff has evaluated the current LDR sections that need to be modified in order to be consistent with the current Comprehensive Plan goals, objectives and policies. Strilcethrough language is proposed to be omitted and text that has been bolded and underlined is new language. The following are the proposed code amendments: Sec. 78-158. Waivers to planned development district requirements. (a) Purpose and intent. The purpose and intent of this section are to encourage applicants for planned development, PUD, and, PCD, approval to propose residential and nonresidential projects that are innovate, creative, and utilize planning, design, and architectural concepts that will be of benefit to the city. The use of innovative and creative techniques and concepts may require one or more waivers to the development standards applicable to such projects. The city council inay grant one or more of the requested waivers, provided community benefits such as architectural design, pedestrian amenities, preservation of environmentally-sensitive lands, provision of public parks and open space, or mixed uses which reduce impacts on city services are demonstrated. (b) Waive�°s pe�^initted. An application for development order approval for a PUD or PCD may include a request for waiver of one or more requirements of this chapter. Requests for waivers shall comply with the requirements contained herein. For the purpose of this section, a waiver is defined as a reduction in a development standard or other land development requirement normally required by this chapter. (c) Pu�°pose and intent. The purpose and intent of this section are to encourage the use of PUDs a�id P�Ds, as prov�ded in sections 78-154 and 78-155, in order to achieve the benefits to the city and ihe property owner as described in those sections. (d) P�°ohibited waiveNS. The waivers listed below shall not be granted by the city council. Meeting Date: November 10, 2009 Petition: LDRA-09-07-000025 Page 4 of 25 (1) A waiver from the requirements of division 2 of article V, establishing the PGA overlay district. (2) A waiver fi•om the minimum 25 percent set-a-side and/or associated miti�ation requirements for upland preservation of the environmental sensitive lands as provided in division -4-- 5 of article V. [Note: This change clarifies the only State/County mandated upland preservation requirement that cannot be waived.] (3) A waiver from any requirement associated with the city's concurrency management requirements established in division 3 of article III. (e) G�ant of waive�s. Waivers from requirements applicable to planned developments, including PUDs and PCDs, shall be granted by the city council, following an advisory recommendation by the planning, zoning, and appeals board. (� Waivers established. For the purposes of this section, the city council may grant waivers as indicated in Table 20. Table 20: Waivers to Planned Developments TABLE INSET: Development Standard or Requirement City Council Waiver Building Height � Sign Regulations ✓ Landscaping � Open Space � Standards Applicable to Planned Developments, PUDs and PCDs � Architectural and Design Standards � Engineering Standards +I �ermitted Uses within 1'UI� or PCD � D�velopment Standards Applicable to 1'ermitted and C�nditional Uses � Minimum PUD/PCI� Size �I Meeting Date: November 10, 2009 Petition: LDRA-09-07-000025 Page 5 of 25 Supplementary District Regulations ✓ Number of Requiz•ed Parking Spaces and Size of Parking Spaces � Building Setbacks (front, side, side corner, and rear) � Lot Coverage, Size, Depth and Width � Height of Buffering and Screening Walls � Others as provided by these land development regulations ✓ (g) Residential va�^iances. Any reduction to a PUD or PCD development standard or requirement applicable to an entire residential use or project shall occur only as provided in this section. However, the owner of a single-family dwelling may apply for a variance to the applicable development standards, rather than apply for a waiver. The purpose of this section is to allow an owner or tenant to request a modification without the time, effort, and expense associated with an application for a development order amendment. (h) Application. All requests for a waiver shall be submitted in writing and shall accompany a development application for planned development, PUD, or PCD approval. Each waiver to planned development requirements or standards utilized in a development application for approval of a PUD or PCD shall be identified by the applicant. (i) Criteria. A request for the city council to approve a waiver from one or more of the standards and requirements applicable to a planned development, PUD, or PCD shall comply with a majority of the criteria listed below. (1) The request is consistent with the city's comprehensive plan. (2) The request is consistent with the purpose and intent of this section. (3) The request is in support oiand furthers the city's goals, objectives, and policies to establish development possessing architectural significance, pedestrian amenities and linkages, employment opportunities, reductions in vehicle trips, and a sense of place. (4) The request demonstrates that granting of the waiver will result in a development that exceeds one or more of tl�e nninimum requirements for PLJDs. (S) The request for one or more waivers results from innovative design in which other rninirrium standards are exceeded, Meeting Date: November 10, 2009 Petition: LDRA-09-07-000025 Page 6 of 25 (6) The request demonstrates that granting of the waiver will result in preservation of valuable natural resources, including environmentally-sensitive lands, drainage and recharge areas, and coastal areas. (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. (8) Sufficient screening and buffering, if required, are provided to screen adjacent uses from adverse impacts caused by a waiver. (9) The request is not based solely or predominantly on economic reasons. (10) The request will be compatible with existing and potential land uses adjacent to the development site. (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. Sec.78-242. Applicability. (a) Application. All sections of this division shall be effective within the incorporated area of the city and shall set restrictions, constraints, and requirements to preserve and protect natural resources and environmentally significant lands. All proposed develonment, includin� a�ricultural development, that contains environmentally si�nificant lands as defined in this division, shall set aside upland native plant communities as preserve areas and/or select one or more of the miti�ation options as outlined in this division. (b) Alteration and conservation of lands. This chapter shall apply to the alteration and conservation, as defined in this chapter, of all lands in the city. [Note: The change is necessary to be consistent with the Comprehensive Plan (attached).] Sec. 78-246. Designation of environmentally significant lands. Meeting Date: November 10, 2009 Petition: LDRA-09-07-000025 Page 7 of 25 (a) Criteria foN designation. Lands shall be designated as environmentally significant if they contain one or inore of the native habitat types listed below, as deiined by the Guide to the Natural Communities of Florida, published by the Florida Department of Environmental Protection: (1) Coastal scrub; (2) Xeric hammock or xeric scrub; (3) Tropical hammock; (4) Low hammock, temperate hammock or mesic hammock (5) IVlixed hardwood swamp or hydric hammocic; (6) Pond apple slough; (7) Cypress swamp; (8) Freshwater marsh; (9) Mangrove swamp; (10) Oak forest; (11) Pine flatwoods, mesic and hydric; (12) Scrubby flatwoods; (13) Coastal dune and strand; a� (14) Wet prairies.-� (15) Functioning and iurisdictional wetlands and deepwater habitats; (16) Any part of the Loxahatchee Slou�h Sanctuary; and (17) Sites of historical or archaeolo�ical si�nificance. Meeting Date: November 10, 2009 Petition: LDRA-09-07-000025 Page 8 of 25 (b) Additional habitats. Native habitats other than those listed in subsection (a) of section 78- 246 may also be designated as environmentally significant if they are actively used by or likely to support or contain species listed as endangered, threatened, or of special concern by applicable laws or regulations adopted by the U.S. or State of Florida. [Note: This change is necessary to be consistent with the Comprehensive Plan (attached).] Sec. 78-249. Approval criteria for proposed land alteration. Approval of land alteration requests. The growth management department may approve requests for land alteration consistent with the approved development order. The decision regarding such lands shall based upon application of the criteria listed below. (a) Value. The project design provides for the protection and preservation of 25 percent of the most valuable or unique existing natural resources, listed species and environmentally significant lands on site , or on-site restoration or creation of native upland environments or habitats. If environmental restoration or creation is nroposed in total or in part, the applicant must demonstrate the area to be improved is equal in size to the preservation area required by this chapter. (b) U�Zand Mitigation. If listed species do not exist on the site, or on-site preservation would yield a preserve area that is less than the preferred minimum of ten acres, or ��,^;��'�'° ;mrn�*� *� «�°+'�ra� ��„�- the parcel is east of the Urban Growth Boundarv, an alternative form of mitigation u��t-a�l° *^ *',° ^�*�� ^^�•r^�' may be implemented ^^„��n in accordance with section 78-252. (1) Minimum preservation area. A preserve area consistent with section 78-250 and section 78- 250 shall be the basis for any consideration of mitigation of minimum preserve area requirements. (2) Preservation area alternatives-�uidelines. T�,° ^;*�, ^�„r�;' ,r�<. ,.,,,.,�;,�o,. „��o,.,,,,+;.,o� +„ „r Ol�'� NN(JP�N[1!]+1/1N lN �'N� 'Yll��/l<2J1NlT l�lNl�lll'19b�'I�N/�OP• a. , , , ��^��g��'~'��g�� , �'^r e-�^��*�� When, bnsed on environmental assessments, off-site lands may better advance the purposes of this division due to characteristics of a particular site, such as the specific location, invasions of nonnative or exotic species, prior alteration or disturbance of ve�etation, or other similar circumstances, Meeting Date: November 10, 2009 Petition: LDRA-09-07-000025 Page 9 of 25 off-site miti�ation or cash in-lieu of on-site preservation may be utilized, if approved bv City Council. b. , r��t�e��,�—at��—��'° ;� Parcels located west of the Urban Growth Boundary shall not be allowed to utilize off-site preservation or cash payment in lieu of on- site preservation. -- . . - :- - . .. : : : -:. �:- .: . ' • " ' ' ` . -. .. . - . - - - - : ': . .. . . . - . - - . .. � - - . -. . . ' ' . . - - - - . .' - .. . .. . - . - -- 0 0 • 0' 0 - C : '. - -. 0 C ' 0 . .. . . -. ' ' ' ' - . . - - :° : . : . : .:: .' -. . : :. : ` ` . .' ' ' ' '-. • - . - . :' - . - : . : - :.' � - � _ . . . . -• -' - - --.. - •' - - . . - . . ' ' e _ . -. . .. ' ' - ' ' ' - ' - - . . . . - ' ' ' ' • ' ` ' • . . . . '.: 1 1 1 '1 1 1 1' '1 1 ' 1 1 1 1 1 1 1 1 1 11 1 1 '1 1 (�c) Wetlands Miti�ation. If land alteration would result in unavoidable impacts to wetlands, as determined by the a�ency havin� iurisdiction over the subiect wetlands, such impacts may be mitigated as determined by the a�ency havin� jurisdiction. �1. Preservation. Wetlands are to be preserved and development activity is not allowed in wetlands, except under the following circumstances, consistent with adopted Treasure Coast Regional Planning Council policies as indicated below. �a. Such an activity is necessary to prevent or eliminate a public hazard. �b. Such an activity would provide direct public benefits which would exceed those lost as a result of the development or modification of the wetland areas. �c. Such an activity is proposed for habitats in which the functions and values currently provided are significantly less than those typically associated with such habitats and cannot be reasonably restored. 4-d. Due to the unique geometry of the site, it is the unavoidable consequence of development for �ses which are appropriate, given site characterxstics, Meeting Date: November 10, 2009 Petition: LDRA-09-07-000025 Page 10 of 25 �e. The functions and values provided by wetland habitats to be destroyed are already completely and fully replaced prior to occurrence of the proposed impact to existing habitat. �2. Density transfers. Wetlands shall be protected by use of clustering or similar site development techniques to transfer development to upland areas on the same site. Where development occurs within iurisdictional wetlands, the developer must mitigate the function and value of those wetlands as determined by the a�ency havin� iurisdiction over the subiect wetlands. Development activities within wetland areas shall: -�-a. Occur at a density of no more than one dwelling unit per five acres in the urban area and one dwellin� unit per twenty acres in the rural area; �b. Be clustered to the least environmentally sensitive portion of the site; and �c. Include design considerations to protect the wetland functions of the rest of the site. (�d) Listed species. For a site on which listed species are known or suspected to be present, one or more of the criteria listed below shall be satisiied. al. The applicant successfully demonstrates that the proposed action will not preclude the continued survival and viability of those listed species located on the site. �2. The applicant presents a plan for relocation, either on site or off site, for those listed species, which has been reviewed and approved by all agencies possessing jurisdiction in such matters. [Note: The section has been changed to be consistent the Comprehensive Plan Policies 6.1.1.3 and 6.1.4.5. (attached).] Sec. 78-250. Preserve area requirements. (a) Minimum �°equirements. The minimum requirements listed below shall apply to all required preserve areas for environmentally signiiicant lands. (1) Preserve area designations. a. �4 The minimum of 25 percent of ��_�+ , n; ��,r+ � �,,, a � ;,, �,.�_�,.�� , � � , „"�° ��+«�^^�n, the total u�land native �lant communities shali be set aside as a preserve on site, unless city council a�pr°oves miti�ation as set %a-th in this division. The 25 percent set- Meeting Date: November 10, 2009 Petition: LDRA-09-07-000025 Page 11 of 25 aside acrea�e and/or mitigation acrea�e shall be based on the total of all the upland native plant communities on site as determined bv the environmental assessment. b. The city council shall designate t� that portion of ��r��r* �°„�° «��^� �� ° rr°�°,.�,°� �� the_ upland native plant community which will be qreserved in order to achieve the 25 percent preservation requirement. All lands to be preserved shall be protected and mana�ed such that they are kept in a viable condition with native plant canopy, understory, and ground cover. [Note: These changes are further clarifications and are supported by Policy 6.1.4.5 of the Comprehensive Plan (attached).] c. Any decisions regarding the designation of preserve areas made by the city council shall be based on a recommendation from the growth management department. d. The city council shall have the authority and flexibility to define the preserve area boundaries or adjust the size of such boundaries. e. Any administrative decisions regarding the designation of required preserve areas may be appealed in writing to the city council. The appeal shall be made consistent with section 78-245. £ Any preserve area modifications resulting from the permit approval process involving other federal or state agencies with environmental jurisdiction shall be reviewed and approved by the city council or department, as applicable, prior to commencement of land alteration or construction. (2) Lands to be set aside in preserve areas. Lands to be set aside in preserve areas shall be identified and selected based upon the cr•iteria listed below. a. The quality of habitats, the presence of listed species, proximity to other natural areas, and other related environmental factors. b. Preserved in viable condition, with intact canopy, understory, and ground cover, and maintained without infringement by drainage or utility easements. c. Platted as separate parcels of land, including conservation easements pursuant to F.S. Section 704.06, or as otherwise approved 1by the czty council. d. Of highest quality, capable of functioning within itself or in conjunction with manmade features. Meeting Date: November 10, 2009 Petition: LDRA-09-07-000025 Page 12 of 25 e. Clearly defined, protected, and managed in such a way that it serves a purpose, such as habitat protection, to the ecological and vegetative communities adjacent to such area. £ Contiguous, wherever possible, to an adjacent preserve, public park, school site, or other permanent open space, or combination thereof. g. Maintained as large open or green areas with the intent of preserving such areas to promote self-sustaining, balanced plant growth, biodiversity, and wildlife enhancement h. Connected with other preserve areas to conceptually function as wildlife corridors. i. 100 percent protected from alteration during site construction. j. Compact in nature, avoiding strip or noncontiguous patterns, and arranged in a continuous fashion where possible. The use of long, narrow preservation areas is discouraged. lc. Protecting and preserving of the following: all endangered and threatened plant, animal, and marine populations. and the habitat of critical value to regional populations of endangered and threatened species. 1. Consistent with applicable South Florida Water Management District regulations, including the following: 1. A ininimum 15-foot upland buffer, composed of native vegetation, shall be preserved or established around wetland areas landward from the edge of the wetland in all places; and, 2. The upland buffer shall average 25 feet of width from the landward edge of the wetland. m. Removal of invasive nonnative vegetation, except phased removal as otherwise authorized by the city council, at the time of development or redevelopment of a site. Species to be removed include, but are not limited to, such species as Brazilian pepper, Australian pine, and Melaleuca, and are identified in section 78-318. (3) Minimum dimension and total area. a. The minimum length ox width dimension of all required preserve areas shall be at least 100 feet, except for preserve areas for historic or specimen trees when a smaller size may be appropriateo Meeting Date: November 10, 2009 Petition: LDRA-09-07-000025 Page 13 of 25 b. The preferred minimum total cumulative land area for preserve areas is ten acres, �_»�� OV/��N�ll�N /�t NNOP�N[I�('� !�N �/1'�'P llY" I�bC� i�/lN /I11 !l/lt`�P C• , The city council may consider �r �'+°rr�+;��° forms of mitigation for any size development, as described in sections 78-�58 249 and 78-� 252. [Note: The change to paragraph "b" above is consistent with the Comprehensive Plan change that occurred with the approval of Ordinance 9, 2005. The changes to paragraph "c" are staff s request to clarify City Council's authority and clerical corrections.] (4) Conditions of approval. Any approved preservation plan, and accompanying development order, shall, at a minimum, include the requirements listed below. a. The applicant shall identify, flag, and survey wetland areas to be impacted for review by regulatory agencies and the department at the time of environmental permit application. b. The applicant shall file, as applicable, environmental permit applications with USACOE, PBC DERM, DEP, and SFWMD. The applicant shall provide findings, permits, or other official actions of such agencies to the department for reference and review prior to approval of construction drawings or commencement of land alteration, whichever occurs first. c. When a development order application includes a golf course, the applicant shall provide to the department, prior to approval of construction drawings or commencement of land alteration, whichever occurs first, all inforination listed below. 1. A management plan for golf course construction to ensure best management practices are incorporated to eliminate the potential for nutrient-laden runoff into the wetlands. Techniques inay include spreader-swale, invei•ted fairways, and similar improvements. 2. Development POD, golf course and cart path topographic elevations. d. The applicant shall take extreme caution when filling in and around preservation areas to ensure the protection of the root zone and canopy drip line area. Changes in pH, topography, or drainage shall not occur which may result in disturbance or destruction of the preserve area. Protection of preserve and buffer areas shall be monitored by the applicant during all land alteration and construction activities. eo �Che proposed project shall be managed to ensure the following: Meeting Date: November 10, 2009 Petition: LDRA-09-07-000025 Page 14 of 25 1. The protection of all listed plant and animal species; 2. The highest quality wetlands and uplands are preserved intact; and 3. To ensure that an adequate buffer is maintained around all preserved wetlands. Written certification shall be provided by the applicant's landscape architect or environmental consultant stating the highest quality preserve areas, buffer areas, and all listed plant and animal species have been maintained on-site within a functional ecosystem. This certification shall be submitted prior to commencement of land alteration or construction. (b) Alteration within the preserve. (1) Permitted alterations. The followin� alterations within � a city approved preserve shall require E'°„n�.� approval, �r�' �'��"'��';,,,;+�a *^ �'*�r�+;�„�';�+�a'��'�«, in accordance with section 78-49: a. The construction of boardwalks, pervious walkways, public sidewalks, infrastructure which serves the preserve, includin� draina�e structures/berms approved by other a�encies h�vin� jurisdiction and other passive recreational or educational facilities. b. The construction of firebrealcs, fire lanes, or fence lines and the removal of invasive nonnative species and their replacement with native species. The use of native plant communities, existing roads and trails, etc., as firebrealc is preferred to the construction of new access roads or fire lanes, which could result in the introduction and spread of invasive nonnative plant species. . . .. . . . _ . - .: . . : - :. : :. . . . ..: . . . . . _. . . . - -- • - - - - - . . . . . .. - - . - . . - . . . . - : - : - - - - : -• - : : ' _ . . � �n�:e��eer.e , _...__�.,-------•,,...,....r . . .- - :. - . - i • _ .- . � e . . _ . .. . - ' . -- :° - : . . . .- . .. .. . -- .: . . : : (c) Density bonus. Additional densit�. Any property possessing a future land use designation of reszdential high (1ZH) may have densities permitted up to 15.0 units per gross acre. The additio�al density allovv is based on one additional unit per acre allowed for every ten percent of Meeting Date: November 10, 2009 Petition: LDRA-09-07-000025 Page 15 of 25 native ecological habitat put into a preserve within a PCD, up to a maximum of 15.0 units per gross acre. These preserve areas shall be over and above the minimum preservation and open space areas provided in accordance with standard PCD requirements and must be incorporated into the pedestrian and nature trailways system described in the comprehensive plan. �1Vote: The changes to this section are staff s request to increase the function and enjoyment of on-site preserves within a limited scope.] Sec. 78-252. "'*^� forms of mitigation. (a) PuNpose and intent. The purpose and intent of allowing t'�° �rr,.��' �� „ ��+°r„�*;��° ��,.� e€ initigation in lieu of on-site nreservation is to provide a public benefit to the city that equals or exceeds the expected benefit that would have been derived from on-site preservation. (b) �'f�,°,��f;,,� ,��Mitigation pi°og�ams. ^'+°r�,�*��° �orms of mitigation that may be approved by the city include;?��* �'^�" r�*'�°';m;+°� +^, the programs or combinations of pro�rams listed below. • • . � ! : :- : : - • -: „ : : • - -- -- ' � - -. - . : : . a. The city council may require up to three (3) acres of off-site nreservation for every one � acre required to be preserved on-site dependin� upon the size of the nroposed off-site preserve, the quality of the habitat or ve�etation bein� lost or �ained, and the location of the proposed off-site preserve. Tt►e proposed off-site preserve shall be within the cornorate limits of the City of Palm Beach Gardens. The applicant shall submit environmental assessments for both the on-site and off-site preservation areas for comnarison purposes. b. Neither iurisdictional nor non-jurisdictional wetlands shall be used to miti�ate for uplands. c. Off-site preserve must be anproved by city council. After receiving city council approval for the off-site nreserve, the develoner shall nrovide property containin� similar or better quality native plant communities that those nresent on the development property. The city shall bear no costs associated with the acquisition, includin� but not limited to, surveyin�, plattin� or maintenance of an off-site preserve. d. Followin� city council approval and acceptance of the location of the off-site preserve but prior to issuance of any land alteration permits for the develonment property a deed restriction shall be recorded in the public records of Palm Beach County such that no Meeting Date: November 10, 2009 Petition: LDRA-09-07-000025 Page 16 of 25 transfer, conveyance, sale or alienation of the off-site preserve nroperty mav occur without city council apt�roval. Additionally, the narcel's maintenance nro�ram shall be completed prior to issuance of anv land alteration nermit for the development property, unless otherwise approved by city council. (2) Payment in lieu of preservation. a. Cash payments in lieu of preservation of environmentally significant uglands, �^�°� ��e-,a�r��3�t�° ^�*�� N '', shall be made to a city fund established for the acquisition and mana�ement of land containing similar native vegetation, other environmentally significant lands, or any ecological or environmental improvements to public lands, includin� but not limited to construction of nature centers and trails within the city's nubliclv owned lands. 177a1F1" (1�i�11P�� v� ��ott �ivivoc.o�.� n4�� -� � ...,..�...., .. �............... ... ....�.�. vi Niv.�vi v u�ivai vi �.ii v iiviu..-.r + 11 �F' 4 1 rl . sb. +t'°�c'c�vr The cash nayment shall be equivalent to the average ner acre annraised value of the development property_after issuance of develonment approval by city council, multiplied by the number of acres required to be preserved. The market value � shall be determined by an indenendent Certified Florida Anpraiser , who is acceptable to the City ��s e�t�r° ��^Nr^;�� ;„�+;+„+o �ranr n„o .,�r,..,;no,. ;� �,. �o V11V G� ��°�� °��*'�^r��°. The develoner shall pay all costs associated with this option. The city shall bear no cost in determining the appraised value and retains the option to request a second appraisal, if deemed necessary, at the develoner's expense. However, if the city requires a second apnraisal and the nroperty value as determined bv the second appraisal is equal to or less than that of the first annraisal, the citv shall nay the second appraiser's fee Approval of payment-in-lieu of preservation shall be at the city council's sole discretion Timeline for payment shall be made nart of the development order for the proiect. rr� _ - - - - - ' - - : . . - . - . : - .. - : - : : :- -- . : : ;- • • - - -- - - . . . . . ': .: • - • - :. -- - ' : %' :-._ � -_ - :- . .. - . .- �. - -- - - - - - - - - • _ - - - . . . :- . : .:: : :- : - - -- - -- - - �� -� - - - - - _ - -- - - - . . . -: .. : ... . . . .. . . : _ _ ,. : . . :. . . .�: :- :. - -. � Meeting Date: November 10, 2009 Petition: LDRA-09-07-000025 Page 17 of 25 [Note: The changes to this section are to be consistent with the Comprehensive Plan Policy 6.1.4.5 (attached) which requires the LDR to establish criteria for assessing the mitigation options. Based on previous City Council approved site plans and consultations with Property Appraisers, the changes to this section are staff s recommendations for the mitigation criteria.] Code Amendments for Dumpster and Commercial Recyclin� Sec. 78-378. Dumpsters. (a) Applicability. The requirements pertaining to the location and screening of dumpsters established in this section shall apply to all zoning districts within the city having or using dumpsters (90-�allons in size or �reater) for sanitation service or recycling service. Temporary dumpsters, such as those which are placed on job sites during construction activity, are not subject to this section. Recyclin� containers within City parks are exempt from this section. (b) Minimum Nequirements. The location and use of dumpster shall comply with the standards established below. (1) Location. The location of dumpster areas shall be approved bv the City either at the time of development approval or throu�h a buildin� permit. All dumpsters shall be located so as to be reasonably accessible for trash collection by the sanitation vehicles and trash deposit by the user without becomin� a nuisance or havin� a bli�htin� effect. Dumpsters shall not be located within the right-of-way of a public street or alley. (2) Screening. a. All dumpsters areas shall be reasonably screened from public view, from public rights-of- way and from abutting properties. b. All new developments and maior re-development proiects �rnps�s shall � screen� proposed dumnsters on all four sides, as indicated in Figure 17. Gates which must be closed when the dumpster in not isn use. Gates shall be maintained in good repair. Figure 17(Unchanged) c. �xistin� �dumpsters shall be screened with materials ��c-kT��t-��'� „� m�+�r;�� *�° rr;N�;„�� „�°., such as concrete block, opaque fencin�, or a combination thereof on all four sides. However, enclosures of the same architectural style, color and Meeting Date: November 10, 2009 Petition: LDRA-09-07-000025 Page 18 of 25 materials as the principal use shall be utilized to the �reatest extent practicable. Exceptions to this requirement may be �ranted bv the City for a 90 �allon recyclin� container. Dumpster screening enclosures shall be maintained in good repair and the areas surroundin� dumpsters and the dumpster enclosures shall be kept neat, clean and free from debris. The city may require the installation of landscaping to provide additional screening or enhancements for dumpsters areas that would otherwise be visible from a public right-of- way. d. All screening must be a minimum of six � feet high or must exceed the hei�ht of the dumpster, recyclin� container or trash compactor bv no less than one (1) foot, whichever is rg eater. e. All dumpsters must be �� located or installed on a hard surface, of adequate size to accommodate the dumpster ��g�-��°��s. The use of an existing required parkin� space(s) in order to facilitate the proper location and construction of a dumpster enclosure mav be approved by the �rowth mana�ement director in order to correct a le�al nonconformin� enclosure or to facilitate recvclin�. The administrative reduction of parkin� for this purpose shall not require a variance. f. ��°'��—tThe locations of #�-s� dumpsters and dumpster enclosures shall be � denicted on and approved throu�h e� the ��r-e�e� site plan approval process for all development and proiects. In the event that an existin� development does not have a site plan, the locations of dumpsters and dumpster enclosures shall be depicted on and approved throu�h buildin� permit plans and plan review process. g. All existing nonconforming dumpsters in the city shall be required to come into compliance with these regulations no later than six months from the effective date of this section. h. Dumpsters shall be located a minimum of 25 feet from a residential zoning district, "—�a'-� .i�nit.v� �+<� 4�o nv��z�4� mnr�nrromovii �irnnl-�r_ (c) Appeals. Appeals from decision of the city staff regarding dumpsters are subject to the jurisdiction of the ��4 PZAB. Appeals shall be filed as provided in section 78-� 56. [Note: Changes to this section are encouraged by Comprehensive Policy 6.2.2.5 (attached). City staff proposes these changes to address current difficulties that property owners have in order to add recycling dumpsters or sereen existing dumpsters.] Seca 78-379. Recyc�ing containers. Meeting Date: November 10, 2009 Petition: LDRA-09-07-000025 Page 19 of 25 (a) Multifamily residential r�ecycling storage areas. All multifamily residential projects of ten or more units shall provide storage areas for recycled materials. (1) Location. Storage areas shall be located within the multifamily structure or structures or as part of the area containing garbage disposal facilities. (2) Circulation. Recyclable collection areas shall be located so as to avoid excessive maneuvering by vehicles picicing up the materials. � • E�' ��"rr� criccs (4— 3) Screening. rrN°„^'^�°�' ^Collection areas that are not located within a multifamily structure shall be screened in +'�° ��° m�Nr°r °� ��„�N�+°�' accordance with section 78-378. (�4) Exemptions. Multifamily buildings that receive curbside recyclable materials collection service at least once a week are exempt from these requirements. (65) Minimum area. Multifamily dwellings, unless exempt as provided herein, shall provide the amount of storage area listed below in Table 36. Table 36: Minimum Multifamily Recyclable Storage Area Requirements Number of Dwelling Minimum Storage Area Units 10--30 40 square feet 31--99 100 square feet 100--159 160 square feet 160--240 240 square feet More than 240 240 square feet plus one square foot for each dwelling in excess of 240 (b) Alte�°native compliance. An alternative to the required collection area may be proposed. The alternative plan sha11 be reviewed by the Solid Wast� Authority of Palm Beach County (SWA) and approved by city. Meeting Date: November 10, 2009 Petition: LDRA-09-07-000025 Page 20 of 25 (c) Existing buildings. The �installation of recvclable materials collection areas at existing multifaniily dwellings is encouraged. Multifamily dwellings subject to substantial renovation sha11 provide the materials collection areas as provided herein. The growth management director may authorize the use of existing parking spaces as a locations for collection areas. Reduction of parking for this purpose shall not require a variance. �d) Non-reside�ztial �ecvclaGle matericzls stora�e �rens. From the effective date of this section, all new non-residential developments and maior re-development of non-residential proiects shall provide stora�e areas for recyclable materials in accordance with sections 78- 378 and 78-379. [Note: Changes to this section are encouraged by Comprehensive Policy 6.2.2.5(attached). City staff proposes these changes to address current difficulties that property owners have in order to add recycling dumpsters or screen existing dumpsters.] Section 78-751. Definitions. Ecosystem, means an assemblage of living organisms:; lN^'� �Plants, animals, � microorganisms etc. and nonliving components �soil, water, air, °N�' *a�� etc. that functions as a dynamic whole through organized energy flows Sz�'��^'� �N° ^��r�^+o,.;n+;,. „� ��,o ,,,.;,�;,,,,� ,,,,,,,,,,,,,,;�;o� , � Endangered species, threatened species, and species of special concern (referred to as listed species) means plant or 1z��'��animal species listed as endangered, threatened, or ��s of special concern by � one or more of the following agencies: U.S. Fish and Wildlife Service, Florida Department of Environmental Protection, Florida Fish and Wildlife Conservation Commission, Florida Committee on Rare and Endangered Plants and Animals, Treasure Coast Re�ional Plannin� Council or the Florida Department of Agriculture and Consumer Services. Listed species. �ee Those species desi�nated as endangered s�es, threatened s}��c-ies, a� or �s of special concern. Protectecl snecies refers to official federal, state, or international treatv lists which nrovide le�al protection for rare and endan�ered species. Restoratioiz/creation (referrin� to upland preservation) means upland areas that, due to the area's environmental degradation, have both the soil and some remnant ve�etation association with a known natural upland communitv, which can be artificially reestablished to function like an_ upland comrnunfliy to meet or exceed environme�tal requirements. Meeting Date: November 10, 2009 Petition: LDRA-09-07-000025 Page 21 of 25 Tlzrecztened sUecies refers to species that are likelv to become endan�ered in the state within the foreseeable future if current trends continue. This cate�ory includes: (1) species in which most or all populations are decreasing because of over-exploitation, habitat loss, or other factors; (2) species whose populations have alreadv been heavily depleted bv deleterious conditions and which, while not actually endan�ered, are nevertheless in a critical state; and (3) species which ma_y still be relatively abundant but are bein� subiected to serious adverse pressures throu�hout their ran�e. Uplczn�l Native Plant Communitv refers to the ori�inal terrestrial, natural biological associations of Florida as outlined in the most current "Guide to The Natural Communities of Florida" nrepared by Florida Natural Areas Inventory and Denartment of Natural Resources. [Note: The changes and additions to the definitions are to be consistent with the Comprehensive Plan (attached) and to move the definitions to Section 78-751. Definitions.] CONSISTENCY WITH EXISTING GOAL, OBJECTIVES AND POLICIES WITHIN THE CITY'S COMPREHENSIVE PLAN: The following is City staff's analysis of the consistency with the Comprehensive Plan: Currently, Section 78-158 (d) (2), pertaining to prohibited waivers, is being clarified so that it is clear that only the minimuzn 25 percent set-a-side and/or the associated mitigation option requirements cannot be waived by City Council, verses an unacceptable interpretation which may have concluded that the entire Division 5, Article V cannot be waived. This is consistent with Comprehensive Plan Policy 6.1.4.5, paragraph # 3, which is the only conservation policy that states a specific preserve size limitation criteria of 25 percent of the total upland native plant community. All other conservation policies control the planning restrictions of the 25 percent set-aside. In addition, Section 78-242, pertaining to applicability, is being clarified so that it is clear that all proposed development, including agricultural operations, that contain environmentally significant lands shall set aside as preserve areas upland native plant communities and/or select mitigation options. This is consistent with Comprehensive Plan Policy 6.1.4.5, paragraph # 3, which states that agriculture is a form of development that should also protect environmental lands. Since agriculture use has a definite impact on lands, the upland set aside determination should be determined �rior to those impacts. Section 78-246 lists lands that are designated as environmentally significant lands. This section is being amended to add three areas to the list to be consistent with Comprehensive Plan Policy Meeting Date: November 10, 2009 Petition: LDRA-09-07-000025 Page 22 of 25 6.1.4.3. Those three areas are the "functioning and jurisdictional wetlands and deepwater habitats, any part of the Loxahatchee Slough Sanctuary, and sites of historical or archaeological significance." Section 78-249 pertains to the criteria for proposed land alteration of both uplands and wetlands. This section amends the value and mitigation language as follows: • City staff is proposing that on-site restoration or creation of native upland environments oi• habitats, which currently is a mitigation option under 78-252 (3), is just as acceptable as the preservation of the existing intact native environments, as long as the 25 percent acreage value is protected. The Comprehensive Plan lists "off-site preservation" or "money in lieu of ' on-site preservation as the only two options of mitigation; • Language is being added that clearly gives City Council the ability to defer all wetland preservation and mitigation to other agencies having jurisdiction over wetlands, which is currently the practice so that there is no duplication of work by the different agencies; • The off-site land or money in lieu of on-site preservation mitigation options can only occur east of the City's Urban Growth Boundary ("UGB"). This does not preclude property owners of lands located east of the City's UGB from purchasing lands west of the UGB for off-site mitigation, as long as the mitigation site is within the City's boundary; • A property owner of a platted upland preserve is not permitted to use off-site or cash payment options to modify an existing preserve. The Sanctuary PUD recently transferred preserve lands from one location on-site to another area on-site for no net loss of the required 25 percent upland preserve set-aside; and • Density transfers for wetlands can occur in rural areas of one dwelling unit per twenty acres. All of the above bullet points are consistent with Comprehensive Plan Policy 6.1.1.3 and Policy 6.1.4.5, paragraphs # 3, 4a and 4b. The LDR language is almost verbatim to the Comprehensive Plan. Section 78-250 pertains to the preserve area minimum requirements. This section clarifies the 25 percent designations, and amends the minimum total area and allowable alteration language as follows: • City Council already has the option to approve any portion of the site to achieve the total upland native �plani comznunities 25 percent set-a-side. The new language clarifies all of the options available to City Council to approve or deny initigation. The mitigation approved by City Council will be based on and compared to the lands on-site quality and 25 percent acreage; Meeting Date: November 10, 2009 Petition: LDRA-09-07-000025 Page 23 of 25 • The proposed amendment removes the 40-acre restriction that could have prevented City Council from an opportunity to analyze the benefits of the two mitigation options for large parcels east of the Urban Growth Boundary. The old "40-acre" restrictive language was removed with Ordinance 9, 2005, which amended the City's previous Comprehensive Plan. This language no longer appears in any Policy of the current Comprehensive Plan; and • City staff is adding uses to the allowable uses within a preserve, such as public sidewalks, which add to the ability of residents to utilize the on-site preservation. The iirst and third bullets are supported by Policy 6.1.4.5., which states the city shall have the option to designate the portion of the plant community which will be included in the 25 percent set aside, and the LDRs shall establish criteria for determining which projects warrant the use of the cash payment. Staff is using Policy 6.1.8.5 (1) and (2) to support the additional uses allowed in the preserve. Pervious and impervious public sidewalks are used for passive recreation and education. Upland and wetland preserves cannot be disassociated from the overall drainage plan of a development, so occasionally City Council does approve preserve set asides for other open space activities when they benefit the development and are compatible with the environment. Section 78-252 describes the details of the mitigation options. The proposed language clarifies, and amends the only two forms of mitigations as follows: • A three to one ratio maximum limit has been proposed for off-site preservation. Currently, the LDRs have no ratio cap for this form of mitigation. Staff selected this ratio because that is the liinit City staff is comfortable supporting. While City staff prefers a one to one ratio based on quality, sometimes additional land can be added to increase the size of the preserve, which increases the value consistent with the quality of lands to be mitigated. This language is also consistent with the mitigation language in the code of similar communities, such as the Town of Jupiter; • Wetlands will not be able to be used for mitigating uplands. This is new criteria. The language does not appear within the Comprehensive Plan, but staff believes wetland mitigation and upland mitigation should be two completely separate forms of mitigation. It would not be prudent or cost effective to involve SFWMD (for example) in upland preservation/mitigation when City Council is the governing agency; • The appraisal for the payment in lieu of preservation option would be based on a proposed or approved site development plan. City staff believes this approach will better define some of the variables needed for appraising land. The appraising language was created with the help of an independer�t state-certified general property appraiser. There are safe guards and limits placed on the appraisal option. The City will bear no costs associated with any miti�ation proposal; Meeting Date: November 10, 2009 Petition: LDRA-09-07-000025 Page 24 of 25 • City staff also is expanding the list for which the mitigation funds can be used, including land purchase, management, and construction of environmental improvements within environmental lands set aside for conservation; and • As mentioned previously, environmental restoration or creation has been eliminated as a form of mitigation, but has been added to Section 78-249 as a form of upland preservation. All of the above bullet points are supported by Policy 6.1.4.5 of the Comprehensive plan, except the second bullet. Staff believes that Policies 6.1.1.3 and 6.1.4.5. 4a and 4b set the guiding principles for dealing with wetlands. Creating a City code that compares wetlands to uplands is not practical, therefore simply mitigating uplands with other uplands is easy to understand and environmentally assessed. To address Policy 6.2.2.5, staff is proposing different and more cost effective ways to screen dumpsters and recycling containers. Division 9, Subdivision III, Section 78-278 amends the dumpster regulations to encourage screening of all dumpsters. Section 78-379 amends the recycling code to require all new and major non-residential redevelopment projects to provide storage areas for recycling containers. Staff believes this will encourage conservation in an energy efficient manner because it will be cheaper to add recycling containers to individual sites. Definitions are also being added to Section 78-751, that are consistent with the Comprehensive Plan within tfie Conservation Element for ecosystem, endangered or threatened species, species of special concern, listed species, "protected" species and upland native plant community. These proposed Land Development Regulation amendments provide for recognition of the importance of providing alternative methods to address preservation of upland areas, and recognizes that it is often appropriate to allow off-site mitigation, or alternatively, the payment of money in lieu of on-site preservation, or a combination of all methods, at the option of the City Council, as well as, the benefits of recycling. It is staff's professional opinion that the proposed Land Development Regulations amendment is consistent with the overall intent of the goals, objectives and policies of the City's Comprehensive Plan. It is also staff's professional opinion that the proposed language to the dumpsters and recycling codes encourages conservation of natural resources mandated by the City's Comprehensive Plan. STAFF RECOMMENDATION: Staff recommends APPROVAL of the pro�osed text amendments to the Natural Resources and Meeting Date: November 10, 2009 Petition: LDRA-09-07-000025 Page 25 of 25 Environmentally Significant Lands and Dumpster/Recycling sections of the LDRs. CONSERVATION ELEMENT Definitions: LISTED SPECIES — Those species designated as endangered, threatened, or of special concern PROTECTED — Refers to official federal, state, or internationally treaty lists which provide legal protection for rare and endangered species THREATENED SPECIES — Species that are likely to Uecome endangered in the state within the foreseeaUle future if current trends continue. This category includes: (1) species in which most or all populations are decreasing because of over-exploitation, habitat loss, or other factors; (2) species whose populations have already been heavily depleted by deleterious conditions and which, while not actually endangered, are nevertheless in a critical state; and (3) species which may still Ue relatively abundant but are being subjected to serious adverse pressures throughout their range. ECOSYSTEM — An assemblage of living organisins (plants, animals, microorganisms, etc.) and nonliving components (soils, water, air, etc.) that function as a dynamic whole through organized energy flows. ENDANGERED, THREATENED, AND SPECIES OF SPECIAL CONCERN (referred to as listed species) — Plant and animal species listed as endangered, threatened, or of special concern by one or more of the following agencies: l. U.S. Fish and Wildlife Service 2. Florida Game and Fresh Water Fish Commission 3. Florida Committee on Rare and Endangered Plants and Animals 4. Florida Department of Agriculture 5. Treasure Coast Regional Planning Council Goals, Objectives and Policies GOAL 6.1.: PRESERVE, MANAGE, OR RESTORE THE NATURAL RESOURCES IN THE CITY TO ENSURE THEIR SUSTAINABILITY, HIGH QUALITY, AND CRITICAL VALUE TO THE QUALITY OF LIFE IN THE CITY OF PALM BEACH GARDENS. Objective 6.1.1.. Maintain developrrient a�egulataQns to manage surface and sub-surface water resources in a manner which ensures �heir viability as natural habitats and utility for �-ecreational and potable water uses. Farthermore, the regulations shall protect and maintain the qualit� and quantiiy of waters tlaat flow into estuarfne waters in the City. CONSERVATION 6-1 Policy 6.11.1.: The City shall continue to maintain drainage regulations to ensure best management practices are required. Policy 6.1.1.2.: The City shall continue to maintain land development regulations to ensure that: a. Site plans for new development identify the location and extent of wetlands located on the property; U. Site plans provide measures to assure that normal flows and quality of water will be provided to maintain wetlands after development; c. Where alteration of wetlands is necessary in order to allow reasonable use of property, either the restoration of disturbed wetlands will be provided or additional wetlands will be created to mitigate any wetland destruction; d. Land alteration or development within the Loxahatchee Slough restoration area (ecosite) ar the adjacent lands within the Loxahatchee watershed are consistent with South Florida Water Management District (SFWMD) policies for water quality and quantity and SFWMD plans for modifying the hydroperiod and water levels in the area; e. Proposed developments comply with the Wellfield Protection Program adopted by the county; and £ Site plans identify floodplain areas and incorporate appropriate flood mitigating measures that comply with regulations promulgated by the Federal Emergency Management Agency Flood Insurance Program. Policy 6.1.1.3.: The City shall require the review of all proposed wetlands development with the Florida Department of Environmental Protection (DEP), SFWMD, Treasure Coast Regional Planning Council (TCRPC), and the U.S. Army Corps of Engineers to ensure compliance with dredge and fill permitting processes. Policy 6.1.1.4.: Through the continued implementation of land development regulations, the City shall ensure that new developments and redevelopments are designed in such a manner as to minimize the impact of such developments on the quality of surface and ground water resources, and to further ensure that new developments and redevelopments do not exceed the capacity levels for potaUle water and/or sanitary sewer services. Policy 6.1.1.5.: The City shall continue to encourage the placement of a salinity dam in the tidal ditches along RCA Boulevard to prevent salt water intrusion into the shallow aquifer. Policy 6.1.1.6.: The City shall continue to maintain land development regulations to ensure such regulations are consistent with and implement the county Wellfield Protection Program. Policy 6.1.1.7.: By implementing the provisions of the county Wellfield Protection Ordinance, CONSERVATION 6-2 the City shall continue to ensure that no new uses are established within the zones of influence of existing or proposed well�elds that could adversely affect the quality of water resources in the water recharge area. The City shall also ensure that new potable water wells and wellfields are located in areas where no regulated materials (e.g. hazardous or toxic materials) are used, handled, stored or produced within the projected zones of influence of such wells or wellfields. Policy 6.1.1.8.: The City shall cooperate with the SFWMD and Palm Beach County in their efforts in restoring and maintaining the Loxahatchee Slough and managing the Loxahatchee Slough Sanctuary. The City, in conjunction with the SFWMD and Palm Beach County, shall review any development adjacent to the Sanctuary for possible adverse impact on the Sanctuary during the development approval process. Objective 6.1.2.: Monitor and enforce provisions for monitoring and regulating water use in order to prolong freshwater availability pursuant to land development regulations, in conjunction with Seacoast Utility Authority, North Palm Beach County Improvement District (NPBCID), and the SFWMD. Policy 6.1.2.1.: The City shall provide technical assistance to and cooperate with the SFWMD in preparing and adopting an emergency water management conservation plan. Policy 6.1.2.2.: The City shall continue to maintain land development regulations which require water conservation strategies which are consistent with programs promulgated by the Seacoast Utility Authority, NPBCID, and SFWMD, and other viaUle programs such as: a. Wastewater reuse for irrigation if economically feasible; b. Separate metering for irrigation with potable water; c. A reduction in use of potable water for irrigation; and d. A more efficient operation of irrigation systems including the incorporation of such devices as soil water tensiometers and xeric landscaping where appropriate. Policy 6.1.2.3.: The City shall cooperate with the SFWMD in developing and implementing programs for the further education of the public regarding various methods of water conservation at the household and small business level. Objective 6.1.3.: Maintain land development regulations to ensure the control of soil ea°osfcen. Policy 6.1.3.1.: The City shall continue to maintain land development regulations which implement Palm Beach County Soil and Water Conservation District Best Management Practices on development activities and land clearing. CONSERVATION 6-3 Policy 6.1.3.2.: All commercial mining practices shall be prohibited throughout the incorporated area of the City. Objective 6.1.4.: Maintain land development regulations to ensure that all ecological communities, wildlife, and marine life, especially endangered and rare species, are identified, managed, and protected. Policy 6.1.4.1.: The City's land development regulations will continue to ensure that: a. All endangered and threatened plant, animal and marine populations are protected; b Habitat of critical preserved; value to regional populations of endangered and threatened species is c. Nuisance and invasive exotic vegetation (i.e. Brazilian Pepper and Melaleuca) is removed by the developer at the time of development ar redevelopment of a site; and � e. Removal of native vegetation is minimized in the land development process; and, where it is economically feasible, removed material is relocated on site. Environmental Assessments are provided for any land development/alteration proposal or properties containing environmentally sensitive lands. Policy 6.1.4.2.: Development orders and permits for development and redevelopment activities shall Ue issued only if the protection and conservation of wildlife, marine life and natural systems are ensured consistent with the goals, objectives, and policies of this Comprehensive Plan. Policy 6.1.4.3.: The City sha11 maintain land development regulatioiis containing speci�c standards and guidelines for the protection of environmentally sensitive lands containing one or more of the following: a. Native habitats designated as environmentally significant if they are actively used by or likely to support or contain U.S.- listed endangered, or threatened species and/or state listed endangered or threatened species, or species of special concern; b c. d, e. f. A rare and unique upland community such as coastal scrub; Functioning and jurisdictional wetlands and deepwater haUitats; Any part of the Loxahatchee Slaugh Sanctuary, Sites of historical or archaeologicaT signiiicance; Xeric hammock or xeric scrub; CONSERVATION 6-4 g. Tropical hammock; h. Low hammock, temperate hammock, or mesic hammock; i. Mixed hardwood swamp or hydric hammock; j. Pond apple slough; k. Cypress swamp; 1. Freshwater marsh; m. Mangrove swamp; n. Oak forest; o. Pine flatwoods, mesic and hydric; p. Scrubby flatwoods; q. Coastal dune and sirand; or r. Wet prairie. Policy 6.1.4.4.: The City shall require that an environmental assessment be prepared prior to alteration of the land consistent with the provisions of the Natural Resources and Environmentally Significant Lands section of the land development regulations. Policy 6.1.4.5.: To ensure protection of envirom�lentally sensitive areas and listed species, the City shall implement the following criteria either u1 combination or singly for any proposed alteration of lands designated as environmentally significant pursuant Comprehensive Plan policy 6.1.4.3. 1. The project design provides for the protection and preservation of valuable or unique existing natural resources, listed species and environmentally significant lands on site; 2. If no listed species have been deternlined to exist on the site or on-site preservation would yield a preserve area that is less than the preferred minimum of ten acres or unavoidable impacts to wetlands occur, an alternative form of mitigation acceptable to the City Council is implemented; 3, The Ciiy shall continue to require, through Land Development Regulations, that all development with significant environmental impactis, including agriculiural development, CONSERVATION 6-5 set aside as preserve areas a minimum of 25 percent of the total upland native plant communities on site. The 25 percent set-aside shall Ue Uased on the quality and viability of the vegetative ecosystem. The city shall have the option to designate the partion of the plant communiiy which will be included in the 25 percent set-aside. Such set-aside habitat shall be preserved and managed in viable condition with existing canopy, understory, and ground cover. The city shall, for development occurring east of the Urban Growth Boundary, have the option of accepting off-site preservation or a cash payment in lieu of preservation and shall accumulate such payments from development for the purchase and management of off-site upland native plant communities. The Land Development Regulations shall establish criteria for assessing the cash payment amount and for deternlining which projects warrant the use of the cash payment option. A property owner of a platted upland preserve shall not be allowed to use the off-site preservation or the cash payment option to modify the preserve area. 4a. Wetland habitats are set-aside as preserves, and development is prohibited in wetlands except under the following circumstances consistent with Treasure Coast Regional Planning Council Policy 6.6.1.1: 1) Such an activity is necessary to prevent or eliminate a public hazard; 2) Such an activity would provide direct public Uenefit which would exceed those lost to the public as a result of habitat alteration, degradation, or destruction; 3) Such an activity is proposed for habitats in which the functions and values currently provided are significantly less than those typically associated with such habitats and cannot be reasonably restored; 4) Such an activity is water dependent or, due to the unique geometry of the site, minimal impact is the unavoidable consequence of development for uses which are appropriate given site characteristics, or; 4b. Wetlands shall be protected by a density transfer program to upland areas. Where development occurs within wetlands, the developer must mitigate the function and value of those wetlands. Developinent activities sha11 occur at a density of no more than one dwelling unit per five acres in the urUan area and one dwelling unit per twenty acres in the rural area, shall be clustered to the least enviromnentally sensitive portion of the site and shall include design considerations to protect the wetland functions of the rest of the site. Consistent with SFWMD regulations, a minimum 15-foot upland Uuffer composed of native vegetation shall be preserved or established around wetland areas. 5. For a site on which listed which listed species are known or suspected to Ue present, one of the following criteria shall be satisfied: CONSERVATION 6-6 1. It shall be successfully demonstrated that the proposed land alteration/development activity will not preclude the continued survival and viability of those listed species located on site; or 2. A plan for relocation, either on-site or off-site, for those listed species, shall be approved by all appropriate agencies. Policy 6.1.4.6.: Public/Institutional buildings or facilities may be permitted in the Conservation land use designation and within other environmentally sensitive lands only when the building or facility is related to the conservation use, including within wetlands, 100-year floodplains, groundwater aquifer recharge areas, areas set aside by development to meet the 25 percent preservation of native ecological communities and wildlife haUitats. Objective 6.1.5.: Maintain a hazardous waste management program for the proper storage, recycling, collection and disposal of hazardous wastes, in conjunction with the Solid Waste Authority (SWA). Policy 6.1.5.1.: The City shall wark closely with and seek technical assistance from the DEP and SWA in identifying small quantity hazardous waste generators in the City and in developing the program for the proper disposal of such hazardous waste. Policy 6.1.5.2.: The City shall cooperate with the SWA in sponsoring Amnesty Days to collect household hazardous waste for proper disposal. Objective 6.1.6.: Maintain land development regulations and development policies to ensure the provision of conservation measures on newly annexed lands or lands newly acquired for the purpose of conservation in accordance with the goals, objectives, and policies of this Comprehensive Plan. Policy 6.1.6.1.: The City shall review the master development plans of all subdivisions approved Uy the county but later annexed Uy the City for the provision of conservation/ preservation areas as required by the original development order. Policy 6.1.6.2.: Where development orders granted by another governmental agency are silent, the comprehensive plan, land development regulations, and policies of the City of Palm Beach Gardens shall apply. Policy 6.1.6.3.: The City shall continue to cooperate with the SFWMD and Palm Beach County, through the exchange o�' technical information and informal coordination, in order to make a concerted effort to protect and conserve unique vegetative communities that exist in areas such as the Loxahatchee Slough, Sandhill Crane and Hungryland Slough and which fall under multiple local jurisdictions. Further, the City shall assist in the Loxahatchee Slough, Sandhill Crane and Hungryland Slough ecosites' protection by designating complete ecosites with CONSERVATION 6-7 Conservation land use and a consistent zoning district, and assisting with management activities. Policy 6.1.6.4.: After the acquisition of new lands Uy agencies intended to conserve ecosites, the City sha11 coordinate with Palin Beach County and other applicable outside agencies in order to oUtain a Management Plan for the ecosite, and designating the appropriate properties with a Conservation land use and a consistent zoning district. Objective 6.1.7.: Implement the plan for all or a part of the Parkway System gprior to the issuance of any development orders for that area included in the Conceptual Linkage Plan presented in the Future Land Use Element of this Comprehensive Plan. Policy 6.1.7.1.: The City shall continue to maintain land development regulations to ensure the implementation and design of the Parkway System. Policy 6.1.7.2.: The parkways shall be designed, developed and maintained to serve a multitude of functions including: a. Preservation of significant native ecological coinmunities in greenways along the City's major corridors; b. Separate bicycle and pedestrian circulation through and between land uses within and adjacent to the areas included within the Conceptual Linkage Plan presented in the Future Land Use Element of this Comprehensive Plan; c. Mitigation areas for natural areas disturbed elsewhere within the area included within the Conceptual Linkage Plan presented in the Future Land Use Element of this Comprehensive Plan, where applicable; d. The buffering of adjacent roadways, land uses and developments, where applicaUle; and e. The provision of public access to the restored Loxahatchee Slough, where applicable. f. Preserve urban beauty through right of way landscaping requirements; g. Provide residents with a safe and multi-use pathway system which is recognized as an urban component of the Florida Greenways System; h. Eliminate a perceived need for using snip commercial as a buffer between arterials and residential areas; and i. `The phasing of the establxshment of` the park�vays shall, at a minimuin, be relative to the phasing of developm�nt in ih� area included within the Conceptual Linkage Plan presented in the F'uture Land Use Element of this Comprehensive Plan. CONSERVATION 6-S Objective 6.1.8.: Maintain land development regulations which, in conjunction with the efforts of other regulatory agencies having jurisdiction, ensure the protection and preservation of native habitats, and maximize the provision of open space for this purpose. Policy 6.1.8.1.: The City shall maintain open space requirements in the land development regulations with specific reference to conservation and preservation land area requirements. Policy 6.1.8.2.: The City shall endeavor to "collect and concentrate" open space conservation areas to amass significantly large land areas that will be left in their natural settings far public dedication and use through land development regulations. Policy 6.1.8.3.: Through the site plan and subdivision review process, the City shall endeavor to connect open space and conservation/preservation areas with the Parkway System wherever possible. Policy 6.1.8.4.: The City shall require all developers to identify all conservation/preservation areas and submit all appropriate information to regulatory agencies. Policy 61.8.5.: The City shall maintain the following preserve areas for environmentally significant lands. (1) Lands to be set aside in preserve areas shall be: requirements to all required a. Identified based on the quality of habitats, the presence of listed species, proximity to other natural areas and other relevant factors. b. Preserved in viable condition, with intact canopy, understory, and ground cover, and maintained without infringement by drainage or utility easements, unless the easements seive to benefit the preserve or facilities thereupon, or bene�t the drainage of the development the preserve is located. c. ,� 0 f. Platted as separate parcels of land, or as an established conservation easement. Capable of functioning within itself or in conjunction with manmade features. Clearly defined, protected and managed in such a way that it serves a purpose to the communities around it. Contiguous, wherever possible, to an adjacent preserve, public park, school site, or human-made open space or combination thereof. g. Maintained as large open or green areas with the intent of preserving large areas io �romote self-sustaining, balanced plant growth, biodiversity, and wildlife enhancement and shall be connected with other preserve areas to conceptually CONSEItVATION 6-9 function as wildlife corridors. h. One-hundred-percent protected from alteration during site construction. i. Compact in nature, avoiding strip or noncontiguous patterns and arranged in a continuous fashion where possible. The use of preservation areas as long, narrow buffers is discouraged. j. Protecting and preserving of all endangered and threatened plant, animal and marine populations and the habitat of critical value to regional populations of endangered and threatened species. k. Consistent with South Florida Water Management District regulations, such that a minimum 15-foot upland Uuffer composed of native vegetation shall be preserved or established around wetland areas landward froin the edge of the wetland in all places and shall average 25 feet of width from the landward edge of the wetland. 1. Cleared of invasive nonnative vegetation (e.g., Brazilian pepper, Australian pine and Melaleuca), except as otherwise authorized Uy the city, by the developer at the time of development or redevelopment of a site. Lands that are set aside in a preserve status may Ue included in open space calculations for purposes of ineeting open space requirements of the city's planned community district or planned unit development ordinances if the canopy, understory, and ground cover vegetation are left intact. However, such preserved lands shall not make up more than 50 percent of the total required open space, unless it is determined by the city council that a greater portion of the required open space should consist of preserved area because of special site constraints or preservation opportunities. (2) Alteration within the preserve shall require City approval, and shall be limited to: a. The construction of boardwalks, pervious walkways, and other passive recreational or educational facilities. b. The construction of firebreaks, fire lanes, or fence lines and the removal of invasive nonnative species and their replacement with native species. The use of native plant communities, existing roads and trails, etc., as firebreaks is preferred to the construction of new access roads or �re lanes, which would result in the introduction and spread of invasive nonnative plant species. Bioconversion of woody biomass, removal of underbrush and overgrowth, or thinning of dead, dying or diseased native plant communities is encouraged for hazardous fuel reduction. c. Primary public/institutional buildings shall be prohibited in the conservation land use designation and within other environmentally sensitive lands, including wetlands, 100-year floodplains, groundwater aquifer recharge areas, areas set aside by the CONSERVA�"ICIN 6-1Q development to meet the 25-percent preservation of native ecological communities and wildlife haUitats, unless otherwise approved by the city council. Policy 6.1.8.6.: The City shall maintain the following minimum requirements to require a management plan for all preservation areas and/or conservation lands. a) A management plan of the preserve area and/or any other conservation areas within the city shall include but not be limited to long-term protection of the preserve/conseivation area, continued removal of and protection from litter and debris, avoidance of activities or land alteration which may disturb the preserve area, eradication and continued monitoring and removal of invasive nonnative plant species, control of off-road vehicles, and maintenance of hydrological requirements. Periodic prescribed buining or other mechanical methods that would simulate the natural processes of the natural historic fire regime may be required for some areas. b) Each management plan shall be approved, pursuant to Comprehensive Plan Policies and land development regulations by the Growth Management department, before final approval of construction drawings or commencement of land alteration, whichever occurs firs�, and/or incorporation into the city as a conservation area, open space, greenway, or wildlife corridor. (c) Deed restrictions. (1) For those lands identified for preserve status, appropriate deed restrictions shall be placed on the lands and recorded in the public records of the county, or they may be dedicated to a public entity or approved private conservation group for the purposes of preservation, or appropriate restrictive conservation easements granted in perpetuity may be established, or such other similar protective measures may be established, as determined by the city council, upon completion of all review processes. (2) A conservation easement shall be established for a preserve area on a single- family residential lot five acres or greater in size. The deed resiriction or conservation easement shall be dedicated to the appropriate entity, such as the property owners association, or a state or local government or agency. (d) The perpetual maintenance and protection of designated preserve areas shall be established by a legally binding, recarded instrument. Policy 6.1.8.7.: The City shall provide for a voluntary density bonus program for land use designations of residential high (RH) to permit densities up to a maximum of 15.0 units per gross acre, based on one additional unit of density allowed for every ten percent of native ecological habitat put into a preserve within the planned community district (PCD). These preserve areas shall be over and aUove the minimuin preservation and open space areas provided in accordance with standard PCD requirements. CONSERVATION 6-11 Policy 6.1.8.8.: The City shall maintain in the land developinent regulations requirement for the removal of invasive nonnative species from development tracts. GOAL 6.2.: ENCOURAGE AN ENVIRONMENTALLY THROUGH ACTIONS THAT REDUCE GREENHOUSE OTHER POLLUTANTS AND REDUCE THE USE RESOURCES. SUSTAINABLE CITY GAS EMISSIONS AND OF NON-RENEWABLE Objective 6.2.1.: Meet or exceed the minimum air quality levels established by DEP. Policy 6.2.1.1.: In accordance with section 163.3202, F.S., the City shall continue to maintain land development regulations that ensure the protection of environmentally sensitive lands designated in the comprehensive plan. Policy 6.2.1.2.: Reduce pollution generated by motor vehicles by promoting cleaner burning, energy efficient vehicles, including hybrid vehicles and alternate fuels such as biodiesel and fuel cell technology, as well as through public education and encouraging the following: 1. The creation of mixed use land use centers and residential form which utilizes clustering and Planned Unit Development and Mixed Use Development styles of design; 2. Vegetative buffers between arterial roadways and residential neighborhoods; 3. The use of alternative modes of transpartation including public transit, bicycle and pedest�ian paths/corridors, light rail, and car-pooling. 4. The implementation of the parkway system, the installation of sidewalks for all new developments, the retrofit of neighborhoods with sidewalks and the repair of existing sidewalks, and requirements such as provision of bicycle racks. Policy 6.2.1.3.: In an effort to reduce reliance on automobile travel, the City shall implement the Parkway System, as vacant areas are developed or as redevelopment occurs; assist the Metropolitan Planning Organization in the implementation of its Transit Study and Bicycle Facilities Plan; and coordinate with PalmTran to increase the public transportation service in the City. Policy 6.2.1.4.: The City shall cooperate with county and state agency programs to reduce air pollutants on a regional level. Policy 6.2.1.5.: All proposed point sources of pollution shall present evidence of compliance with DEP regulations prior to being approved. No proposed point source of pollution shall be approved which exceeds the level of air quality established by the State Implementation Plan. �olicy 6e2.1,6.; By December 31, 2011, the City shall adopt a sustainable Multi-Modal Transportation Plan that consider the findings of the MPO, Transit Needs Assessment and Bicycle and Pedestrian Plan. The Plan shall develop a long ternl strategy to reduce COZ emissions, and provide the public and businesses additional transportation alternatives, but shall CONSERVATION 6-12 not replace, reduce or weaken road concurrency measurements. Objective 6.2.2.: Increase education about sustainable building practices and use of environmentally sustainable products within the City of Palm Beach Gardens. Policy 6.2.2.1.: The City shall provide education to the residents and business owners to support better energy efficient buildings, energy efficient appliances, waste recycling, building products from renewable resources, non-toxic building products and water efficient fixtures and landscapes. Policy 6.2.2.2.: The City shall utilize non-toxic cleaning techniques throughout its facilities Policy 6.2.2.3.: The City shall enhance the energy efficiency of City facilities through the purchase of Energy Star rated ar equivalent equipment and appliances for City use, design of efficient cooling systems and employee education on energy conservation. Policy 6.2.2.4.: The City shall purchase products that utilize recycled materials and shall return City waste for reuse. Policy 6.2.2.5.: By DecemUer 31, 2009, the City shall review the City's Land Development Regulations to consider the addition of specific energy efficient and recycling regulations to encourage conservation. CONSERVATION 6-13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE OF BEACH GARDENS, DEVELOPMENT. BY 242(a), 78-246(a)(13) REVISED; FURTHER Date Prepared: November 3, 2009 Ordinance 30, 2009 ORDINANCE 30, 2009 THE CITY COUNCIL OF THE CITY OF PALM FLORIDA, AMENDING CHAPTER 78. LAND REPEALING SUBSECTIONS 78-158(d), 78- AND (a)(14) AND READOPTING SAME, AS AMENDING CHAPTER 78. BY ADOPTING ENTIRELY NEW SUBSECTIONS FURTHER AMENDING CHAPTER 249. AND AND APPROVAL CRITERIA FOR 78-246(a)(15), (a)(16) AND (a)(17); 78. BY REPEALING SECTION 78- PROPOSED LAND ALTERATION. SUBSECTIONS 78-250(a)(1)a., (a)(1)b., (a)(3)b., (a)(3)c. AND (b) READOPTING SAME, AS REVISED; FURTHER AMENDING CHAPTER 78. BY REPEALING SECTION 78-252. ALTERNATIVE FORMS OF MITIGATION. AND READOPTING SAME AS REVISED 15 AND WITH A NEW TITLE IN ORDER TO REVISE AND CLARIFY THE 16 REGULATIONS FOR MITIGATION OF ON-SITE PRESERVATION 17 REQUIREMENTS; FURTHER AMENDING CHAPTER 78. BY 18 REPEALING SECTION 78-378. DUMPSTERS. AND READOPTING 19 SAME, AS REVISED; FURTHER AMENDING CHAPTER 78. AT 20 SECTION 78-379 BY REPEALING SUBSECTIONS (a)(3) AND (c), 21 READOPTING SUBSECTION (c), AS REVISED, RENUMBERING 22 FORMER SUBSECTIONS (a)(4), (a)(5) AND (a)(6) AS NEW 23 SUBSECTIONS (a)(3), (a)4) AND (a)(5) AND ADOPTING NEW 24 SUBSECTION (d); FURTHER AMENDING CHAPTER 78. AT SECTION 25 78-751. DEFINITIONS., TO AMEND THE DEFINITIONS OF 26 "ECOSYSTEM, NATIVE FLORIDA", "ENDANGERED SPECIES, 27 THREATENED SPECIES, AND SPECIES OF SPECIAL CONCERN" 28 AND "LISTED SPECIES" AND TO PROVIDE DEFINITIONS FOR 29 "PROTECTED SPECIES", "RESTORATION/CREATION", 30 "THREATENED SPECIES" AND "UPLAND NATIVE PLANT 31 COMMUNITY"; PROVIDING THAT EACH AND EVERY OTHER 32 SECTION AND SUBSECTION OF CHAPTER 33 DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND 34 PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS 35 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; 36 AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 37 78. LAND EFFECT AS CLAUSE, A PROVIDING 38 WHEREAS, by Ordinance 9, 2005, the City Council amended the City 39 Comprehensive Plan to permit off-site mitigation in certain circumstances; and 40 41 WHEREAS, the language in Ordinance 9, 2005, was incorporated into the 42 current Comprehensive Plan which was adopted by City Council on December 18, 2008 43 by Ordinance 14, 2008; and 44 45 WHEREAS, to implement the Comprehensive Plan, City staff has initiated an 46 amendment (Petition LDRA-Q9-07-000025) to the City's Land Development Regulations 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: November 3, 2009 Ordinance 30, 2009 amending Chapter 78. Land Development. in order to revise and clarify those portions of the code which regulate on-site preservation mitigation requirements and to revise the regulations for dumpster enclosures and recyclable material container enclosures ; and WHEREAS, on November 10, 2009, the Planning, Zoning and Appeals Board, sitting as the Local Planning Agency, conducted a public hearing and recommended approval and adoption of the proposed amendment to the City Council with a vote of _- _; and WHEREAS, the City Council has determined the adoption of this Ordinance to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1: The foregoing recitals are hereby affirmed and ratified. SECTION 2: Chapter 78, Land Development of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended at Section 78-158. Waivers to planned development district requirements. by repealing subsection (d) and readopting same, as revised; providing that Section 78-158 shall hereafter read as follows: Sec. 78-158. Waivers to planned development district requirements. (a)-(c) (These subsections shall remain in full force and effect as previously adopted.) (d) Prohibited waivers. The waivers listed below shall not be granted by the city council. (1) A waiver from the requirements of division 2 of article V, establishing the PGA overlay district. (2) A waiver from the minimum 25 aercent set-a-side and/or associated mitiaation requirements for upland preservation of the environmental� sensitive lands as provided in division 4 5 of article V. (3) A waiver from any requirement associated with the city's concurrency management requirements established in division 3 of article III. (e)-(i) (These subsections shall remain in full force and effect as previously adopted.) SECTION 3: Chapter 78, Land Development of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended at Section 78-242. Applicability. by repealing subsection (a) and readopting same, as revised; providing that Section 78-242 shall hereafter read as follows: Sec.78-242. Applicability. (a) Application. All sections of this division shall be effective within the incorporated area of the city and shall set restrictions, constraints, and requirements to preserve and protect natural resources and environmentally significant lands. All aroaosed 2 Date Prepared: Noveu�ber 3, 2009 Ordinance 30, 2009 1 development. includina aaricultural development, that contains environmentallv 2 sianificant lands as defined in this division. shall set aside upland native plant ._— _ _ 3 communities as preserve areas and/or select one or more of the mitiaation oations as 4 outlined in this division. 5 (b) (This subsection shall remain in full force and effect as previously adopted.) 6 7 SECTION 4: Chapter 78, Land Development of the Code of Ordinances of the 8 City of Palm Beach Gardens, Florida is hereby amended at Section 78-246. Designation 9 of environmentally significant lands. by repealing subparagraphs (a)(13) and (a)(14) and 10 readopting same, as revised and adopting new subparagraphs (a)(15), (a)(16) and 11 (a)(17); providing that Section 78-246 shall hereafter read as follows: 12 13 Sec. 78-246. Designation of environmentally significant lands. 14 15 (a) Criteria for designation. Lands shall be designated as environmentally significant 16 if they contain one or more of the native habitat types listed below, as defined by the 17 Guide to the Natural Communities of Florida, published by the Florida Department of 18 Environmental Protection: 19 (1)-(12) (These subparagraphs shall remain in full force and effect as 20 21 22 23 24 25 26 (b) 27 previously adopted.) (13) Coastal dune and strand; a�d (14) Wet prairies.—} (15) Functionina and iurisdictional wetlands and deepwater habitats: (16) Anv aart of the Loxahatchee Slouah Sanctuarv: and (17) Sites of historical or archaeoloaical sianificance. (This subsection shall remain in full force and effect as previously adopted.) 28 SECTION 4: Chapter 78, Land Development of the Code of Ordinances of the 29 City of Palm Beach Gardens, Florida is hereby amended by repealing Section 78-249. 30 Approval criteria for proposed land alteration. and readopting same, as revised; 31 providing that Section 78-249 shall hereafter read as follows: 32 33 Sec. 78-249. Approval criteria for proposed land alteration. 34 35 Approval of land alteration requests. The growth management department may 36 approve requests for land alteration consistent with the approved development order. 37 The decision regarding such lands shall be based upon application of the criteria listed 38 below. 39 40 (a) Value. The project design provides for the protection and preservation of 25 41 �ercent of the most valuable or unique existing natural resources, listed species and 42 environmentally significant lands on site or on-site restoration or creation of native 43 upland environments or habitats. If environmental restoration or creation is aroposed in 44 total or in part, the applicant must demonstrate the area to be improved is eaual in size - ----. _ 45 to the preservation area reauired bv this chapter. 46 3 Date Prepared: November 3, 2009 Ordinance 30, 2009 1 (b) Ualand Mitigation. If listed species do not exist on the site or on-site preservation 2 would yield a preserve area that is less than the preferred minimum of ten acres, or 3 the aarcel is east of the Urban Growth Boundarv _- __ 4 an al�ernative form of mitigation aeee�+^� ��-t�. ^�+�� ^^� �n^;! may be implemented 5 ^^^��;�+� in accordance with section 78-252. 6 7 (1) Minimum preservation area. A preserve area consistent with section 78-250 8 and section 78-252 shall be the basis for any consideration of mitigation of 9 minimum preservation area requirements. 1 ' - - - - • •- - -- - . .. .. -- . � . . . . - - - - - -• - - - -. . ._ . . .. .. . - 13 14 a. 15 16 � , � � , 17 � , lg , ; When, based on environmental 19 assessments, off-site lands mav better advance the purposes of this division 20 due to the characteristics of a particular site, such as the specific location. _--__ . 21 invasions of nonnative or exotic saecies arior alteration or disturbance of 22 veaetation, or other similar circumstances, off-site mitiaation or cash in-lieu of 23 on-site preservation mav be utilized. if aparoved bv citv council. � � - _ _ .. . . . . .. . ._.. _ _. _: . .. .- •- :- - --••-- -- -- - - -- -- - - -:- •- • - .- - . . . . .. - - . . - .- .. . . .- : . . -. . . - .. !. . -• - . - .. . :. •. � . ...._. _. _ .. . . .. . . , _. _. ._ .. - - - e - - - -- - •- - - •- : -- --- e-- - ... _ . ._ .. . _ -- -- - -- -. ...._. _ .._. -- - -- . . .. .. ._ . . .. .. - -• - - - - -- - .. . .. . .. -. --••-- -.... . - -- . . .. .. . .. .. .. . _. . . .- - - --: - -- -- . .. . -- - - - - - . _ . .. -- -- .. . _ . ._.. _ - - --- - •- - - �• - - - -- .. .. . .. .. -- � _' _. . • _ __: .- .. .. �. _. . .. _. -..-. . . .� _ ....-. _ ' ' _. �...'• �• _ " /,- a a • � + � ' • � �' • ' •' � � � � � • � • � ' ' � • � ��' •' '• • ' • ' '� ' ' . • • . • • ' ' . • i� • • �' • •• . • • ' • . �� • . • • ' - � i 44 {-3-}�c �/Vetlands Mitiqation. If land alteration would result in unavoidable impacts to 4S wetlands, as determined bv the aaencv havina iurisdiction over the subiect wetlands, 46 such impacts mav be mitiaated as determined bv the aaencv havina iurisdiction. 0 Date Prepared: November 3, 2009 Ordinance 30, 2009 1 2 3 a 1. Preservation. Wetlands are to be preserved and development activity is 4 not allowed in wetlands, except under the following circumstances, consistent 5 with adopted Treasure Coast Regional Planning Council policies as indicated 6 below. 7 a. Such an activity is necessary to prevent or eliminate a public � hazard. 9 b. Such an activity would provide direct public benefits which would 10 exceed those lost as a result of the development or modification of the 11 wetland areas. 12 c. Such an activity is proposed for habitats in which the functions and 13 values currently provided are significantly less than those typically 14 associated with such habitats and cannot be reasonably restored. 15 d. Due to the unique geometry of the site, it is the unavoidable 16 consequence of development for uses which are appropriate, given 17 site characteristics. 18 e. The functions and values provided by wetland habitats to be 19 destroyed are already completely and fully replaced prior to occurrence 20 of the proposed impact to existing habitat. 21 22 � 2. Density transfers. Wetlands shall be protected by use of clustering or 23 similar site development techniques to transfer development to upland areas 24 on the same site. Where development occurs within iurisdictional wetlands, 25 the developer must mitigate the function and value of those wetlands as 26 determined bv the aaencv havina iurisdiction over the subiect wetlands. .--_ 27 Development activities within wetland areas shall: 28 29 �-a. Occur at a density of no more than one dwelling unit per five acres 30 in the urban area and one dwellina unit per twentv acres in the rural 31 areai 32 �b. Be clustered to the least environmentally sensitive portion of the 33 site; and 34 3c.lnclude design considerations to protect the wetland functions of 35 the rest of the site. 36 37 (-11- d) Listed Species. For a site on which listed species are known or suspected to be 38 present, one or more of the criteria listed below shall be satisfied. 39 a1. The applicant successfully demonstrates that the proposed action will not 40 preclude the continued survival and viability of those listed s�ecies located on 41 the site. 42 �2. The applicant presents a plan for relocation, either on site or off site, for 43 those listed species, which has been reviewed and approved by all agencies 44 possessing jurisdiction in such matters. 4S 46 SECTIOfV 5: Chapter 78, Land Development of the Code of Ordinances of the 5 Date Prepared: November 3, 2009 Ordinauce 30, 2009 1 City of Palm Beach Gardens, Florida is hereby amended by repealing subsections 78- 2 250(a)(1)a., (a)(1)b., (a)(3)b., (a)(3)c. and (b) and readopting same, as revised; 3 providing that Section 78-250 shall hereafter read as follows: 4 5 Sec. 78-250. Preserve area requirements. 6 7 (a) Minimum requirements. The minimum requirements listed below shall apply to 8 all required preserve areas for environmentally significant lands. 9 10 11 (1) Preserve area designations. 12 a. �4 The minimum of 25 percent of �^��n,-��a„�-s+g�mc-ant-I��, �� 13 , , , 14 , , , the total upland native plant 15 communities shall be set aside as a preserve on site. unless citv council 16 a proves mitiqation as set forth in this division. The 25 aercent set-aside 17 acreaae and/or mitiaation acreaae shall be based on the total of all the upland 18 native lant communities on site as determined bv the environmental 19 assessment. 20 21 b. The city council shall designate #-�e that portion of the s+�i ' 22 ��,h;Y ,.��,�� ho r�roc�� ualand native alant communitv which will be 23 preserved in order to achieve the 25 percent preservation reauirement. All 24 lands to be qreserved shall be arotected and manaaed such that thev are 25 keat in a viable condition with native plant canoav. understorv, and around 26 cover. 27 28 c. - f. (These subparagraphs shall remain in full force and effect as previously 29 adopted.) 30 31 32 33 34 (2) (This subsection shall remain in full force and effect as previously adopted.) (3) Minimum dimension and total area. 35 a. The minimum length or width dimension of all required preserve areas 36 shall be at least 100 feet, except for preserve areas for historic or specimen 37 trees when a smaller size may be appropriate. 38 39 b. The preferred minimum total cumulative land area for preserve areas is 4� ten acres, `A°'+h tho ovnor�+inr� nf r�r000rvoo ^n In+c nf loco �h�+r� �I(1 '+nro 41 r��--- -- -. . - -• - - -- -- - - - -- ••e •- � . - --•- -- - - -- � - - - - • • - • - - -• - - i . _. _ . ... - - • . • •- • - • • • •. • • - �- - •• - . �- •-• - • : � � • . � � : - G7 1 2 � � 4 (b) Date Prepared: November 3, 2009 Ordinance 30, 2009 (4) (This subsection shall remain in full force and effect as previously adopted.) Alteration within the preserve. 5 6 (1) Permitted alterations. The followinq alterations within t�e a citv aaproved 7 preserve shall require �'°�� approval, ^--��"�'�� m;+o,� +„ 8 n;;��n„�-;;�«�o^a in accordance with section 78-49: 1 . - . • . •.. • . •- • . . • �- . . - - - - • - - . . � .•- - •- ..• • -• � • - ..- - . • • • . • • - �. - - -. • . • -• . . . . - • •�. .• .. . - . • - . • - - . • - • .••• -• - - - •--� -- - -- - •- - • - • - - . .. . . - - -- e - -- - - -- - -e • -- -- - -e - -- - - - - - - - - - - - - - -- - - - - - - � ' ' .� " .' . .. - .. .' ' ' . •_ _. ....-. -. - .. . . .. .- ' ' •' , � " � � ..' ' ' . " _ ' _ _ . .- - .. i � _ _ ._ . ..�_ •_ ._ _. ' .• . ' - - . " � ..... . - .. . . . -. -. . . . .. -■-..��'�'.' _ 25 26 (c) (This subsection shall remain in full force and effect as previously adopted.) 27 28 SECTION 6: Chapter 78, Land 29 City of Palm Beach Gardens, Florida is 30 and readopting same with revisions and 31 hereafter read as follows: 32 33 Sec.78-252 34 Development of the Code of Ordinances of the hereby amended by repealing Section 78-252 a new title; providing that Section 78-252 shall n�+orn.,+;.,� Forms of mitigation. 35 (a) Purpose and intent. The purpose of allowing 36 e# mitigation in lieu of on-site areservation is to provide a public benefit to the City that 37 equals or exceeds the expected benefit that would have been derived from onsite 38 preservation. 39 40 (b) °1�e��a-t+�e-�Mitigation programs. °��e�r�+��z,-P�Forms of mi�igation that may be 41 approved by the city include, "��,-",°'�Q�E«-�, the programs or a combination 42 of the proarams listed below. 43 44 45 46 (1) Off-site preservation. ,-.� _:�...'e..T:�_�...,: .:� - . . . .. _ . - - - • - - - - - It�1��'��1��4!\��'S�l\:��\�1!\��1!�:��1!�� lC��l!\ \ I• 7 Date Prepared: November 3, 2009 Ordinance 30, 2009 1 rvro�++or iri �i�o +h�+r� �ho ron� iiramor�� o�^+orJ in �o�+;,,n_�u_� The citv council �..w. �.. .�.v .� �...� . �� ..e ..�..�..... .� 2 mav reauire up to three (3) acres of off-site preservation for everv one (1) 3 acre reauired to be preserved on-site deaendina upon the size of the __ 4 proposed off-site areserve, the aualitv of the habitat or veaetation beina lost 5 or aained, and the location of the proposed off-site preserve. The proposed 6 off-site preserve shall be within the corporate limits of the Citv of Palm Beach __ --- 7 Gardens The aaplicant shall submit environmental assessments for both the _ __-_ __ 8 on-site and off-site preservation areas for comparison purposes. 9 10 b. Neither iurisdictional nor non-iurisdictional wetlands shall be used as 11 mitiaation for uplands. 12 13 c. Off-site areserve must be aaproved bv citv council. After receivina citv 14 council approval for off-site preserve the develoaer shall arovide proaertv 15 containina similar or better aualitv native alant communities that those aresent 16 on the develoament propertv. The citv shall bear no costs associated with the __ _ __ 17 acauisition, includina but not limited to, survevina, alattinq or maintenance of _ __ _ 18 an off-site preserve. 19 20 21 22 23 24 25 26 27 28 29 30 d. Followina citv council aparoval and acceptance of the location of the off- site preserve but prior to issuance of anv land clearina/alteration aermits for _ the development propertv a deed restriction shall be recorded in the public records of Palm Beach Countv such that no transfer, convevance, sale or alienation of the off-site areserve propertv mav occur without citv council ___ --- aaaroval. Additionallv. the parcel's maintenance proaram shall be completed _ -_ prior to issuance of anv land clearina/alteration permit for the develoament propertv. unless otherwise aparoved bv citv council. (2) Payment in lieu of preservation 31 a. Cash payments in lieu of preservation of environmentally significant 32 u�lands � , 33 shall be made to a city fund established for the acquisition and manaaement 34 of land containing similar native vegetation, other environmentally significant 35 lands, or any ecological or environmental improvements to public lands1 36 includinq but not limited to construction of nature centers and trails within the __ 37 citv's publiclv owned lands. • . .- '- .. •. . ..••-- ..... - . . . .- , - .."•�•. .• . `� . • . � . '� .. •': ' ' . I � � �r �a � �� .u�•�. ��.�� r .r L� ' �� • � � � •• � u � � ' ' � ' � • ' � � ' ' � • � / I � � � � u � • � � • • � � � ' � ' ' u � ' � � � ' u � � � � � I • � •• ' � ' � � � ' ' � • � � • ' � � • • ' ' � ' � � � � � ' ' � � ' � � ' � � ' � ' � ' � � � � ' � � ' � ' i Date Prepared: November 3, 2009 Ordinance 30, 2009 1 development qropertv. after issuance of development aaaroval bv citv council. _ ___ _ 2 multiplied bv the number of acres reauired to be preserved. The market value 3 #�ie�ee# shall be determined by #-�e an independent Certified Florida 4 Aparaiser, who is acceatable to the citv. ��e�s�t�ic��"r�� 5 ��rJ��,��},t,p-�/1�1\. ilrio �r�r�r•+i�or io �n ho �r�r�n:r��orJ h�i �ho ni��i �nrl tho n�hor h�i .. �.... ../ rr,.,., �. .,. ... �� .,.rr., ... ...� .� _, � . % . • g 9 10 +►,o ,.,+„ ,.,,,,n,.;� „r .,� +ho ,.�+„ ,,,,,,�,.;� m,,, �„+h„r,�o. The developer shall pav 11 all costs associated with this oation. The citv shall bear no cost in 12 determinina the appraised value and retains the option to reauest a second - -__ 13 appraisal, if deemed necessarv, at the developer's expense. However, if the 14 citv reauires a second aparaisal and the propertv value as determined bv the 15 second aapraisal is eaual to or less than that of the first appraisal. the citv 16 shall qav the second appraiser's fee. Aqproval of pavment-in-lieu of 17 preservation shall be at the citv council's sole discretion. Timeline for 18 pavment shall be made part of the develoament order for the proiect. 19 � . ...._. - - -. . _ .. -_ . _. �rra..._. : .. . . _. ...._. .. . .. . . ._ ._ .. : . ... -- -- - --••-- -- e- - - e - -- --. _ . . .. : .. -- ---- - -- - -- -- -- -•- •-- -- - - -- - � •- - O .- .. - . .- .. . . .. ��••" � •� . .� •.. . �. �. . � �� .� �• . •� . � � .. -. �. � � • � � � � � � � � � u � � � � � • 28 29 SECTION 7: Chapter 78, Land City of Palm Beach Gardens, Florida is 30 Dumpsters. and readopting same, as 31 hereafter read as follows: 32 33 Sec. 78-378. Dumpsters. 34 Development of the Code of Ordinances of the hereby amended by repealing Section 78-378. revised; providing that Section 78-378 shall 35 (a) Applicability. The requirements pertaining to the location and screening of 36 dumpsters established in this section shall apply to all zoning districts within the city 37 having or using dumpsters (90-aallons in size or areater) for sanitation or recycling 38 service. Temporary dumpsters, such as those which are placed on job sites during 39 construction activity, are not subject to this section. Recvclina containers within Citv 40 ap rks are exempt from this section. 41 42 43 44 (b) Minimram requ�rements. The location and use of dumpsters shall comply with the standards established befow. 45 (1� Location. The location of dumqster areas shall be approved bv the Citv either 46 at the time of development approvaf or throuah a buildina permit. All � � Date Prepared: November 3, 2009 Ordinance 30, 2009 1 dumpsters shall be located so as to be reasonably accessible for trash 2 collection by the sanitation vehicles and trash deposit bv the user without 3 becomina a nuisance or havina a bliahtina effect. Dumpsters shall not be 4 located within the right-of-way of a public street or alley. 5 6 7 (2) Screening. 8 a. All dumpster areas shall be reasonablv screened from public view, from 9 public rights-of-way and from abutting properties. 10 11 b. All new developments and maior re-develoqment aroiects n� �m�� shall 12 �e screene� proposed dumpsters on all four sides, as indicated in figure 17. 13 Gates �f� must be closed when the dumpster is not +s in use. Gates shall 14 be maintained in good repair. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 (Figure 17 shall remain in full force and effect as previously adopted.) c. Existina dumpsters shall be screened with materials o� c°� a��r�'-�;�, s��9��.,r� �+"��52, such as concrete block, opaaue fencina. or a combination thereof on all four sides. However� enclosures of the same architectural stvle. color and materials as the principal use shall be utilized to the areatest extent aracticable Exceptions to this reauirement mav be aranted bv the Citv for a 90 aallon recvclina container. Dumpster screening enclosures shall be maintained in good repair and the areas surroundina dumasters and the dumaster enclosures shall be kept neat, clean and free from debris. The city may require the installation of landscaping to provide additional screening or enhancements for dumpster� areas that would otherwise be visible from public right-of-way. 30 d. All screening must be a minimum of six �6 feet high or must exceed the 31 heiaht of the dumaster, recvclina container or trash comaactor bv no less than 32 one (1) foot. whichever is areater. 33 34 e. All dumpsters must be �ased located or installed on a hard surface, of 35 adequate size to accommodate the dumpster a��-�age-t�EI�. The use of 36 an existina reauired parkina saace(s) in order to facilitate the aroaer location 37 and construction of a dumaster enclosure mav be aaproved bv the arowth 38 manaaement director in order to correct a leaal nonconformina enclosure or 39 to facilitate recvclina. The administrative reduction of parkina for this purpose 40 shall not reauire a variance. 41 42, f. Th� �-rrT�..��cmr�r��1a�.��}�� aRrl fi �+� �ro rlo�iolnv�mor�� eii�hir� �h �3 c;+„ �„r „o,�, rJo�iolnr�mon� �The locations of #�ese dumpsters and dumpster 44 enclosures shall be �r� deaicted on and aaaroved throuah er�—the 45 �e�e� site plan approval qrocess for all develobment and aroiects. In the 46 event that an existina development does not have a site alan, the locations of lo 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2� 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: November 3, 2009 Ordinance 30, 2009 dumpsters and dumpster enclosures shall be depicted on and approved - --._ throuah building permit alans and_plan review process. g. All existing nonconforming dumpsters in the city shall be reauired to come into compliance with these regulations no later than six months from the effective date of this section. h. Dumpsters shall be located a minimum 25 feet from a residential zoning district� '�nlocc �ni�i�iorl h�i �ho nrn�nrFh m�norvomont rJiror+�nr (c) Appeals. Appeals from decisions of the city staff regarding dumpsters are subject to the jurisdiction of the �4 PZAB. Appeals shall be filed as provided in section 78-a356. SECTION 7: Chapter 78, Land Development of the Code of Ordinances of the City of Palm Beach Gardens, Florida is hereby amended at Section 78-379. Recycling containers. by repealing subsections 78-379(a)(3)and readopting same, as revised; providing that Section 78-379 shall hereafter read as follows: Sec. 78-379. Recycling containers. (a) Multifamily residential recycling storage areas. All multifamily residential projects of ten or more units shall provide storage areas for recycled materials. (1)-(2) (Theses subparagraphs shall remain in full force and effect as previously adopted.) I'2,�o��_�'nllontinn �r��rt.�ll ho Ir�n�� mir�im� im nf %�c°t� f�T (43� Screening. '�n°n^�^�°� ^Collection areas that are not located within a multifamilv structure shall be screened in t�e-sam° m�nnor �� rJi imv�c+or accordance with section 78-378. (� 4� Exemptions. Multifamily buildings that receive curbside recyclable materials collection service at least once a week are exempt from these requirements. (65) (This subparagraph shall remain in full force and effect as previously adopted.) (Table 36 shall remain in full force and effect as previously adopted.) (b) (This subsection shall remain in full force and effect as previously adopted.) (c) Existing buildings. The �installation of recvclable materials collection areas at existing multifamily dwellings is encouraged. Multifamily dwellings subject to substantial renovation shall provide the materials collection areas as provided herein. The growth management director may authorize the use of existing parking spaces as a locations for collection areas. Reduction of the parking for this purpose shall not require a vanance. 11 Date Prepared: November 3, 2009 Ordinance 30, 2009 1 2 (d) Non-residential recvclable materials storaae areas. From the effective date of this 3 section, all new non-residential develoaments and maior re-development of non- 4 residential proiects shall provide storaae areas for recvclable materials in accordance ____ 5 with sections 78-378 and 78-379. 6 7 SECTION 8. Chapter 78, Land Development of the Code of Ordinances of the 8 City of Palm Beach Gardens, Florida is hereby amended at Section 78-751. Definitions. 9 by amending the definitions of "Ecosystem, native Florida", "Endangered species, 10 threatened species, and species of special concern" and "Listed species" and by adding 11 new definitions for the terms "Protected species", "Restoration/creation", "Threatened 12 species" and "Upland Native Plant Community" each of which shall be placed in 13 alphabetical order in the list of definitions; providing that "Ecosystem, native Florida", 14 "Endangered species, threatened species, and species of special concern", "Listed 15 species", "Protected species", "Restoration/creation", "Threatened species" and "Upland 16 Native Plant Community" shall hereafter be defined and read as follows: 17 18 19 20 21 22 23 24 25 Sec.78-751. Definitions. Ecosystem�t+d%-�'^r��means an assemblage of living organisms, �^^-�aT^� �,plants, animals, a� microorganisms etc. and nonliving components �soil, water, air, �e � etc. that functions as a dynamic whole through organized energy flows �^�"�� , , or�onifin�llv in oro� Ir�n��orJ �nii+hin tho ni��i 26 Endangered species, threatened species, and species of special concern (referred to as 27 listed species) means plant or �i#e animal species listed as endangered, threatened, 28 or a�--s�ec-ies of special concern by a� one or more of the following agencies: U.S. 29 Fish and Wildlife Service, Florida Department of Environmental Protection, Florida Fish 30 and Wildlife Conservation Commission, Florida Committee on Rare and Endanaered 31 Plants and Animals, Treasure Coast Reaional Plannina Council or the Florida 32 Department of Agriculture and Consumer Services. 33 34 Listed species �ee means those saecies desianated _ as endangered speeies, 35 threatened �eEies, a-� or �eEi�s of special concern. 36 37 Protected species refers to official federal, state, or international treatv lists which 38 provide leaal protection for rare and endanaered saecies. 39 4d Restoration/creation (referrina to ualand preservation) means upland areas that, due to 41 the area's environmental dearadation, have the soil and some remnant veaetation 42 associated with a known natural upland communitv, which can be artificiallv 43 reestablished to function like an upland communitv to meet or exceed environmental 44 reauirements. 45 46 Threatened species refers to species that are likelv to become endanaered in the state 12 1 2 3 4 5 6 7 Date Prepared: November 3, 2009 Ordinance 30, 2009 within the foreseeable future if current trends continue. This cateaorv includes: (1) species in which most or all aoaulations are decreasina because of over-exaloitation, habitat loss, or other factors: l2) saecies whose populations have alreadv been heavilv dealeted bv deleterious conditions and which, while not actuallv endanaered, are nevertheless in a critical state: and (3) species which mav still be relativelv abundant but are beina subiected to serious adverse aressures throuahout their ranae. 8 Ualand Native Plant Communitv refers to the oriainal terrestrial. natural bioloaical 9 associations of Florida as outlined in the most current "Guide to The Natural 10 Communities of Florida" prepared bv Florida Natural Areas Inventorv and Deaartment of 11 Natural Resources. 12 13 14 15 16 SECTION 9. All ordinances or parts of ordinances in conflict be and the same are hereby repealed. 17 SECTION 10. Should any section or provision of thi: 18 portion thereof, any paragraph, sentence, or word be declared by a 19 jurisdiction to be invalid, such decision shall not affect the validity 20 this Ordinance. 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4Q 41 42 43 44 45 46 SECTION 11. SECTION 12. Ordinance or any Court of competent �f the remainder of Specific authority is hereby granted to codify this Ordinance. This Ordinance shall take effect immediately upon passage. [The remainder of this page is intentionally left blank.] 1� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 �9 40 41 42 43 44 45 PASSED AND ADOPTED this 2009 upon second and final reading. CITY OF PALM BEACH GARDENS BY: Joe 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, City Attorney i[! day of FOR Date Prepared: November 3, 2009 Ordinance 30, 2009 AGAINST ABSENT �� CITY OF PALM BEACH GARDENS Planning, Zoning and Appeals Board Agenda Cover Memorandum Meeting Date: November 10, 2009 Petition #: LDRA-09-10-000026 Ordinance 37, 2009 SUSJECT/AGENDA ITEM: LDRA-09-10-000026: City-initiated request for providing clarification to the selection process and providing for the use of art impact funds for maintenance of city-owned art Recommendation to City Council: The proposed amendment to the City's Code of Ordinances would amend Chapter 78, "Land Development," at Section 78-261, "Art in Public Places requirements" to provide regulations for public art selection and to provide for the use of art impact funds for maintenance of publicly-owned art; further amending Chapter 78 by removing the definitions from 78-261 and placing them into Section 78-751, "Deiinitions". [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: Planning, Zoning and Planni g ager: Growth Management: Costs: Appeals Board Action: Project M nager: $ N/A [] Approved N a ie ong, AICP Total [] App. w/ conditions Allyson Black $ N/A [ ] Denied City Attorney: Resource Manager Current FY [] Continued to: N/A Max Lohman [ ] Quasi-Judicial Funding Source: Development Compliance: [ X ] Legislative N/A [ X] Public Hearing [] Operating Bahareh Keshavarz, AICP � ] workshop [X] Other N/A Attachments: Growth Management Advertised: — Adm 'st tor: Date:10/30/09 • Ordinance 37, 2009 ` Budget Acct.#: Paper: Post Kara L. Irwin, AICP [] Not Required NA Approved By: City Manager: Affected parties: N/A Ronald M. F`erris [ ] Notified [ X ] Not Required LDRA-09-10-000026 Meeting Date: November 10, 2009 Ordinance 37, 2009 Page 2 of 6 EXECUTIVE SUMMARY The proposed amendment to the City's Code of Ordinances would amend Chapter 78, "Land Development," at Section 78-261, "Art in Public Places requirements" to provide regulations for public art selection and to provide for the use of art impact funds for maintenance of publicly- owned art; further amending Chapter 78 by removing the definitions from 78-261 and placing them into Section 78-751, "Definitions". BACKGROUND During the budget discussions for fiscal year 2009-2010, the topic of maintenance of City — owned works of art became a concern. Currently, the City owns and maintains four public pieces of art (Contiguous Currents, Trip Tyce, Be Right Back and Double Rainbow) and has proposed eight (8) future bus shelters and possibly more art at Lake Catherine. The drafted Ordinance addresses this concern by providing for the allowance of a portion of the art impact fund to be used for maintenance of publicly-owned art. It also provides clarification on the selection process for art work purchased from the art impact fund. On October 20, 2009, the Art in Public Places Board discussed the proposed Ordinance and made a few minor changes and comments. Those comments have been incorporated in the Ordinance as presented. SUMMARY OF PROPOSED CHANGES The following sections of the City's Land Development Regulations are proposed to be amended: Sec. 78-261. Art in public places requirements. .. .. - - • - -e��s�e�a�a�Eesss.e�rrr��sr:ee:se��■ - - - -� - . : - . . . • -- - - - - - - . . - .• - -. - - - : - - - . . .. .. . - • - -- - . . . : - - .. - . . - -- - - - - - . . . . . , .. . . . . . :. . - . : . - : - . . - �, ,:. -. . ::' : : • : - ::� . . - : ..E'� - - :. - _: - :- . r : : - :- : :: - : -: - :- - :. : -- - -- - - _. . -- - - - . - - : : . : . -: + a�� , ... ... .. . . . _ . . � . : : . -. . - . - - . : : . . - - � . .. . . .. - - .. . . . .- - : : . . - : - . LDRA-09-10-000026 Meeting Date: November 10, 2009 Ordinance 37, 2009 Page 3 of 6 °- . - : : • : : - -: - • .. : " : .. • . - :. - . .. . : -:: - . . : •° : :. - - -• • .. . _. . - - - - - - . :' - . . . - . : • : . - °. . . . : . : .:: . - :- • : : :- -- - . : : . - - - . : . :•' - . . . . . . ,. . . . . - - . . . . : . . - - . : .: . . - - -. _. . . _. _ . . . - : - - - . . .. . . - . • - - - - - -- - - - . - . . . . . . . . �. . .. - .. .. _. . _ : .. . .. i . . , ... . .- : . . . -. : . : - - - - :. .. . . . . . .. . - : .-- . : . - . : - :. - . : - - - - -� - -- • ' .° . . . . : . : :. - . : . - - . . - • ° - - - - - _. - - - -. _: ... . - - - - . .. . . - - . . - - - - - - - . . •. : . : : . - - . . . . . •. . [NOTE: This section has been moved to a more appropriate location in Section 78-751. "Definitions" in the City's Land Development regulations] {�} �Application requirements. The applicant shall provide the information described below and any additional information requested by the growth management department necessary to review the application pursuant to the standards of the Code. (1) Application foNms. The application shall be made on forms provided by the growth management department. (2) Artist information. Portfolio containing photographs of the artist's existing work, exhibition and sales history, and biography. (3) Miscellaneous plans, r�endeNings, and details. Artist's color renderings and/or photographs of proposed artworlc; materials sample board; site plan depicting the proposed location of the artworic; landscape plan, if necessary, depicting additional landscaping or inodifications to eXisting landscaping; architectural elevations, if necessary, depicting structures associated with the artwork; lighting location plan and light fixture details; or other information requested by staff, the art in public places advisory board, or the city council. All submittals shall be required to provide an accurate representation of the proposed artworlc. {�}� Violations. Violation of this chapter shall be subject to enforcement as provided in article VII. {�} � Requi�^ements for a�t oN fee in lieu of a�t. All new development, except city projects, where total vertical construction costs of all buildings on a project site are equal to or greater LDRA-09-10-000026 Meeting Date: November 10, 2009 Ordinance 37, 2009 Page 4 of 6 than $1,000,000.00 shall provide art valued in an amount of one percent of the total vertical construction costs, as provided in this section and section 78-262. All buildings within planned unit developments and planned community districts shall be assessed cumulatively towards the art in public places requirement, even if they are permitted separately. If the aggregate cost of the entire project exceeds the $1,000,000.00 threshold, each phase of development shall contribute the required one percent of construction cost towards art in public places for the building project. The art fee for redevelopment of an existing building shall be calculated based on the construction costs of the new development, excluding the assessed value of the existing buildings that are replaced or redeveloped. (1) Private development. A private developer may choose either to provide ar•twork on the project site or to contribute one percent of the total vertical construction costs to the city's art impact fund. The city's art impact fund shall be interest bearing with all interest to be retained by the city. a. — b adopted.) (These subsections shall remain in full force and effect as previously (2) Art impact fund. When the developer provides a fee in lieu of artworlc pursuant to subsection 78-261(d)(1)b., the following shall apply to the use of the funds: a. The fee shall be placed in the city's art impact fund. Funds from the art impact fund may be spent anywhere in the city, and such funds may be spent on any art or art-related costs such as, but not limited to, lighting, consulting, landscaping, aesthetic features or enhancements, maintenance of art work, and to promote public art and the public art process in the CitX. ^r+ ;,,,r,,,.+ �,,,,,an n,,,,>> �r� ovv�ov��o� �<� 4�o ni4<� n�rnia�or�f �irif�� 4�v nif��n v�r�niiromoi�4 vir�nonn b. Artist selection. �r-�.o ,.;�<, ��,,,>> ;.,.,,,o ., ,.,,>> +„ ,,,,�;�� +,. r,,,,,,,,,,o .,,,+<,,,,,.v .,,,,,�, �.o �,<, .,,,,;��o„ ,,,.,,�„�,.� �,o�.,,00„ ��,o ,.;�., �r,a ,,,,�;�� The cit_y council maX choose either to select an artist throu��h a call-to-artist process or to procure worlcs of art through commission via written contract with a specific artist for a specific work of art. i. Call to artists. If a preferred artist has not been determined, the city mav issue a call to artists to procure a work or works of art. A selection committee will review the submitted�roposals and shall select at ieast two (2) finalists for consideration bv the art in public places advisory board. The art in public places advisory board shall review the finalists' LDRA-09-10-000026 Meeting Date: November 10, 2009 Ordinance 37, 2009 Page 5 of 6 proposals and make a recommendation to the city council on the selection and commission of the artist and the artworlc. The selection and commission of the artist and artworlc shall be by written contract between the citv and the ar�ist. Final decision-making authoritv re_garding the artwork and artist shall be at the sole discretion of the city council. ii. Artist/as-twork selection. The cit�y utilize funds allocated from the art impact fund to retain a specific artist for a specific artwork on cit� owned land, a citv-owned building, a facility that is leased or rented b,�� city, on Palm Beach Count_y land with an inter-local a�reement, or on private property where the City has a use and maintenance easement. The selection and commission of the artist and artwork shall be bv written contract between the citv and artist. Final decision-making authoritX re a� rdin� the artwork and artist shall be at the sole discretion of the CitX council. iii. Contracts for artworlc. Artists, as a part of any commission or contract with the citv for the provision of artworlc, shall be required to submit to the city a"Maintenance and Inventory Sheet," which shall include an annual cost estimate for the annual maintenance necessar�in order to properl�preserve and maintain the artwork in substantiall,y the same condition that it was in when accepted by the city_ [NOTE: This section has further improved and clarified the process for artist selection and art work selection which is consistent with Florida State Statute 287.057] c. — e. (These subsections shall remain in full force and effect as previously adopted.) f. Maintenance of ai-tworlc. The art imnact fund shall be utilized to cover the costs of acquirin� and maintainin�public works of art purchased for displa� city-owned, -leased, or -rented property/buildin�s, on Palm Beach Count� with an inter-local agreement, or on private property where the Citv has a use and maintenance easement. i. Art impact maintenance fund. The city council shall designate bortions of the art imbact fund in order to nrovide for the maintenance and upkeep of all publicly-owned works of art in order to ensure that proper preservation and maintenance is provided. ii. Art maintenance rec�uirement. When the city council a�proves the acquisition of a public worlc of art, the city council shall desi�nate funds from the art impact fund dedicated to the continual maintenance and LDRA-09-10-000026 Meeting Date: November 10, 2009 Ordinance 37, 2009 Page 6 of 6 preservation of the subject worlc of art for a period of no less than twent� five (25�years. iii. Maintenance funds. Maintenance funds mav be exbended to cover anv and all expenses reasonably associated with the maintenance and preservation of public works of art. jNOTE: This section will ensure adequate funds are available for art maintenance for future years of the art projects] Section 78-751. Definitions. Const�uction cost means total costs of buildings constructed on the site. This includes total vertical construction of all buildin s�on a project site, but excluding site infrastructure and parlcin� _garages. Development means any project to construct or remodel an�private or public development, except residential and/or residential components of a mixed-use development, or any portion thereof within the limits of the city, where total construction cost equals or exceeds $1,000,000.00. Af°t, a�twork, or works of art means all tan�ible creations by artists exhibitin t� he hi h�est aualitv of slcill and aesthetic nrincinles and includes all forms of the visual arts conceived in anv medium, material, or combination thereof, including, but not limited to, painting;, sculpture, fountains, en ravin , carving, frescos, mobiles, murals, colla�es, mosaics, bas-reliefs, ta esp tries, photo�raphs, drawin�s, artist-desi�ned seating, or other functional art pieces and collaborative design projects between architects and/or landscape architects and artists, together with all hard costs and soft costs such as, but not limited to, li�hting, landscapin�, or other aesthetic effects or enhancements integrated with the art and approved by the growth management administrator. The city council shall not consider for approval art objects which are mass-produced in unlimited quantities. Artist oN pNOfessional a�tist means a practitioner in the visual arts, eg nerallv reco nf�zed by critics and peers as a professional of serious intent and ability. Indications of a person's status as a�ro�essional artist include, but are not limited to, training in the arts, income realized throu�h the sole commission of artwork, frequent or consistent art exhibitions, placement of artworlc in public institutions or museuins, and receipt of honors and awards in the art field. [NOTE: This section has been moved from Section 78-261 for consistency in the Land Dev�elopment Regulations] STAFF RECOMMENDATION Staff is recommending approval of Ordinance 37, 2009. Ordinance 37, 2009 ORDINANCE 37, 2009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND DEVELOPMENT. AT SECTION 78-261. ART IN PUBLIC PLACES REQUIREMENTS. BY REPEALING SUBSECTION (a) IN ITS ENTIRETY AND BY REPEALING SUBSECTION (d)(2) AND READOPTING SAME, AS REVISED FOR INTERNAL CONSISTENCY AND TO PROVIDE REGULATIONS FOR PUBLIC ART SELECTION AND TO PROVIDE FOR THE USE OF ART IMPACT FUNDS FOR MAINTENANCE OF PUBLICLY- OWNED ART; FURTHER AMENDING CHAPTER 78. AT SECTION 78- 751. DEFINITIONS. TO PROVIDE DEFINITIONS FOR "CONSTRUCTION COST", "DEVELOPMENT", "ART, ARTWORK, OR WORKS OF ART", AND "ARTIST OR PROFESSIONAL ARTIST"; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78, LAND DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Code of Ordinances of the City of Palm Beach Gardens contains provisions for an Art in Public Places program, at Chapter 78, Division 6"Public Places," Subdivision 1. "Art in Public Places"; and WHEREAS, The City updated the Code of Ordinances through the adoption of Ordinance 17, 2000, which inadvertently omitted the maintenance fund requirement; and WHEREAS, the City updated the Art in Public Places program through the adoption of Ordinance 11, 2002, Ordinance 17, 2004 and Ordinance 1, 2007; and WHEREAS, the City Council of the City of Palm Beach Gardens has determined that a need exists to revise and clarify certain code provisions regulating art in public places; and WHEREAS, the revised regulations provide for clarification of the selection process for artwork purchased using art impact funds and provide for the use of such funds for maintenance and preservation of publicly-owned art; and WHEREAS, this Ordinance was reviewed by the Planning, Zoning and Appeals Board, sitting as the Local Planning Agency, at a public hearing on November 10, 2009, and the Board recommer�ded approval by a vot� of X to X: and WHEREAS, the City Council deems approval of this Ordinance to be in the best interests of the health, safety, and welfare of the residents and citizens of the City of Palm Beach Gardens and the public at large. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2� 21 22 23 24 25 26 27 2$ 29 30 31 32 33 34 35 36 37 38 Ordinance 37, 2009 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 78-261. "Art in public places requirements." by repealing subsection (a) in its entirety and re-lettering former subsections (b) —(d) as new subsections (a) —(c); providing that Section 78-261 shall hereafter read as follows: Sec. 78-261. Art in public places requirements. �- . .. ._ . : .. . : _ .. .. .. ._. _. . . . .. . . _ ._ .._ . -- --- - ._.. . . . .. - -- •- - -- e- - - .. _ . ._ _. .._ . .. .. .. . .._ . - - - - - •- -• -- -- -- - - -- - -- -• -- - - - -- -• - - - - -- - . _ ._ ...... .._ . - - - - - -. . _...._ . . _ . : . -- - ---•-- - -- --- •- - --. ....,._. , .. _e _ •_ _ ...._. - - -e• -- -- -- . . ._ .. - -- -- - - -- -- - -- - - --e ' �� . . - - - - . .._ . .. . _ _ .. . . _ . . .. ._ - --- - - .. _ ._ . . . _ .. . ._ . .. . ._ . - • - - - - . .. _ . .. .. _ . , .. , . . . . - - - - - • - - - - •• - - - - - -- - - - - - --- •- -- - - •--- - .. - -- •-- - - -- - --- -- :- e •- • -- ---- - -- - - •- . .. . . - -: e :- - -- -• - - :- --- • - •- - -- -- . .. . ee_ •_ • • - - -- e - - e •e •• -- - .. .. .. . .. . . .- - •- -•- e --• - -••-- - -- -- - •- - •- - - - - - - - - - - . . . .. . , _ .. _ . . .. . . . _ . . - - - - - e - - --- ..._ .. . _.. --- -. . . .. _,. . _ . �. - - - -- . ..- • - -�- • -- • ---- - --• -- - -- -- : - e- e - - - -- -- - -- -• - -- -- - - - -- - - -- - •e •• -- - - -- - -- - . . .. - - - - . . , . . _ . _ , .. .. - - - - � - - - - - - - - - . . _ . : .. . _.._. - • - - - - - -. _ .. _ .. .. _ - - - ---- -- . . ._ . . 39 {-b-} �Application requirements. The applicant shall provide the information described below 40 and any additional information requested by the growth management department necessary 41 to review the application pursuant to the standards of the Code. 42 43 44 45 46 47 48 (1) Application forms. The application shall be made on forms provided by the growth management department. (2) Artist information. Portfolio containing photographs of the artist's existing work, exhibition and sales history, and biography. 2 Ordinance 37, 2009 (3) Miscellaneous plans, renderings, and details. Artist's color renderings and/or photographs of proposed artwork; materials sample board; site plan depicting the proposed location of the artwork; landscape plan, if necessary, depicting additionai landscaping or modifications to existing landscaping; architectural elevations, if necessary, depicting structures associated with the artwork; lighting location plan and light fixture details; or other information requested by staff, the art in public places advisory board, or the city council. All submittals shall be required to provide an accurate representation of the proposed artwork. {�}� Violations article VII. Violation of this chapter shall be subject to enforcement as provided in {�} � Requirements for art or fee in lieu of art. All new development, except city projects, where total vertical construction costs of all buildings on a project site are equal to or greater than $1,000,000.00 shall provide art valued in an amount of one percent of the total vertical construction costs, as provided in this section and section 78-262. All buildings within planned unit developments and planned community districts shall be assessed cumulatively towards the art in public places requirement, even if they are permitted separately. If the aggregate cost of the entire project exceeds the $1,000,000.00 threshold, each phase of development shall contribute the required one percent of construction cost towards art in public places for the building project. The art fee for redevelopment of an existing building shall be calculated based on the construction costs of the new development, excluding the assessed value of the existing buildings that are replaced or redeveloped. (1) Private development. A private developer may choose either to provide artwork on the project site or to contribute one percent of the total vertical construction costs to the city's art impact fund. The city's art impact fund shall be interest bearing with all interest to be retained by the city. a. — b. (These subsections shall remain in full force and effect as previously adopted.) (2) Art impact fund. When the developer provides a fee in lieu of artwork pursuant to subsection 78-261(d)(1)b., the following shall apply to the use of the funds: a. The fee shall be placed in the city's art impact fund. Funds from the art impact fund may be spent anywhere in the city, and such funds may be spent on any art or art-related costs such as, but not limited to, lighting, consulting, landscaping, aesthetic features or enhancements, maintenance of art work, and to promote public art and the public art process in the City. �i � • � -- . -- - - - - : - - - ._ . . - - - - - -- - • - - ... -- - --- -- .. .....--- -- - ._ . . .. ._ .. .. ..... ... . .. . . .- - - .. .. ..... ,. , ._ . .. . . � � � � � � � � � � � � � � � � r � � � � � � � • � � � � � � � � � � � � � � � � � 3 Ordinance 37, 2009 1 works of art through commission via written contract with a specific artist for a 2 specific work of art. 3 � Call to artists. If a breferred artist has not been determined, the 5 city may issue a call to artists to procure a work or works of art. A 6 selection committee will review the submitted proposals and shall select 7 at least two (2) finalists for consideration by the art in public places 8 advisory board. The art in public places advisory board shall review the 9 finalists' aroposals and make a recommendation to the citv council on 10 the selection and commission of the artist and the artwork. The selection 11 and commission of the artist and artwork shall be bv written contract 12 between the citv and the artist. Final decision-making authority 13 regarding the artwork and artist shall be at the sole discretion of the city 14 council. 15 16 ii. Artist/artwork selection. The city may utilize funds allocated from 17 the art impact fund to retain a specific artist for a specific artwork on city- 18 owned land, a city-owned buildinq, a facility that is leased or rented bv 19 the city, on Palm Beach County land with an inter-local agreement, or on 20 private property where the City has a use and maintenance easement. 21 The selection and commission of the artist and artwork shall be bv 22 written contract between the citv and artist. Final decision-makina 23 authority regardinq the artwork and artist shall be at the sole discretion of 24 the City council. 25 26 27 iii. Contracts for artwork. Artists, as a part of any commission or contract with the citv for the arovision of artwork. shall be reauired to 28 submit to the city a"Maintenance and Inventorv Sheet," which shall 29 include an annual cost estimate for the annual maintenance necessarv in 30 order to properlv preserve and maintain the artwork in substantially the 31 same condition that it was in when accepted by the citv. 32 33 c. — e. (These subsections shall remain in full force and effect as previously 34 adopted.) 35 f. Maintenance of artwork. The art impact fund shall be utilized to cover 36 the costs of acquirinq and maintaininq public works of art purchased for display 37 on city-owned, -leased, or -rented property/buildings, on Palm Beach County 38 land with an inter-local aqreement, or on private property where the Citv has a 39 use and maintenance easement. 40 41 i. Art impact maintenance fund. The citY council shall designate 42 portions of the art impact fund in order to provide for the maintenance 43 and upkeep of all publiclv-owned works of art in order to ensure that 44 proper preservation and maintenance is provided. 45 46 ii. Art maintenance requirement. When the city council approves the �47 acquisition of a public work of art, the city council shall desiqnate funds 48 from the art impact fund dedicated to the continual maintenance and 0 Ordinance 37, 2009 1 preservation of the subject work of art for a period of no less than twenty- 2 five (25) years. 3 4 iii. Maintenance funds. Maintenance funds may be expended to 5 cover any and all expenses reasonably associated with the maintenance 6 and preservation of public works of art. 7 8 SECTION 2. Chapter 78, Land Development of the Code of Ordinances of the City of 9 Palm Beach Gardens, Florida is hereby amended at Section 78-751. "Definitions." by adding 10 new definitions for the terms "Construction cost", "Development", "Art, artwork, or works of 11 art", and "Artist or professional artist", each of which shall be placed in alphabetical order in 12 the list of definitions, providing that "Construction cost", "Development", "Art, artwork, or 13 14 15 16 17 18 19 20 21 22 23 works of art", and "Artist or professional artist" shall hereafter be defined and read as follows: Construction cost means total costs of buildinqs constructed on the site. This includes total vertical construction of all buildinqs on a project site, but excluding site infrastructure and parking qaraqes. Development means any project to construct or remodel any private or public development, except residential and/or residential components of a mixed-use development, or any portion thereof within the limits of the city, where total construction cost equals or exceeds $1,000,000.00. 24 Art, artwork, or works of art means all tanqible creations by artists exhibitinq the 25 highest quality of skill and aesthetic principles and includes all forms of the visual arts 26 conceived in any medium, material, or combination thereof, includinq, but not limited to, 27 paintinq, sculpture, fountains, engravinq, carving, frescos, mobiles, murals, collaqes, 28 mosaics, bas-reliefs, tapestries, photoqraphs, drawings, artist-desiqned seatinq, or other 29 functional art pieces and collaborative desiqn projects between architects and/or landscape 30 architects and artists, toqether with all hard costs and soft costs such as, but not limited to, 31 liqhtinq, landscapinq, or other aesthetic effects or enhancements inteqrated with the art and 32 approved by the growth manaqement administrator. The city council shall not consider for 33 approval art objects which are mass-produced in unlimited quantities. 34 35 36 37 38 39 40 41 42 43 44 Artist or professional artist means a practitioner in the visual arts, generally reco_ n� by critics and peers as a professional of serious intent and abilitv. Indications of a person's status as a professional artist include, but are not limited to, traininq in the arts, income realized through the sole commission of artwork, frequent or consistent art exhibitions, placement of artwork in public institutions or museums, and receipt of honors and awards in the art field. SECTION 3e All ordinances or parts of ordinances in conflict be and the same are hereby repealed. 45 SECTION 4. Should any section or provision of this Ordinance or any portion thereof, 46 any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, 47 such decision shall not affect the validity of the remainder of this Ordinance. 48 5 1 2 3 4 5 6 7 Ordinance 37, 2009 SECTION 5. Specific authority is hereby given to codify this Ordinance SECTION 6. This Ordinance shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 0 PASSED this day of PASSED AND ADOPTED this 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, City Attorney 20_, upon first reading. day of , 20 r� FOR AGAINST Ordinance 37, 2009 , upon second and ABSENT � � , � �_. ; � •t �'. /• � 1 � } i �� r I � � ..� ,:�11�Y � � � ��k�`1��1 � ry� � �. . _*f � . � ��.�..�� '�d� < .! � t�.� i'� � YlC ...i-E � . �r � g� ,,��,��y,_' ��- $V ..�y��A2` _� :'.or�:. h�tlMlY d. {� �� t��,r' ,w-�y,". as� ��:'�.,,. . __—,�..,�re`..•az _-.. . :firt 'n y � , � Ti+- a ��; ^ .� . _ ,. - - - . , ,:�'��Y ' -�� :`� Environmental Lands Mitigation and Dumpsters/Recycling Ord i nance 30, 2009 Planning, Zoning and Appeals Board November 10, 2009 . , � �`. ; 5j . S �'. /• � 1 � } � �� , ..� + 'e � Jw ..._ I �i- ac rou n F�;�� `1�'� � � • �•t�.., ��: r �:e ;°,�; .,� <,�.t,' '�a�•'.� sk � rr :.�-! � �r � g� ,,� �� ,:'. �2`� _�.+,y :.h��.{� ,r �::�:.�''' !V •'`i ' ( ��'' - ^ � v . . . .. - . � � _ _ .. • � � '^�I��Y. ' �(, ' _ �� • A City-initiated amendment to the text of the Land Development Regulations (LDRs), Natural Resources and Environmentally Significant Lands codes to be consistent with the Conservation Element of the Comprehensive Plan; • A City-initiated amendment to the te LDRs, Dumpster/Recycling codes to recycling related to the green initiatives. tofthe promote `� � � � . ��' , q ,,, , � -� �� ' �� ` �'-� � - '� �i� �� . � r_�.e i � � ��. x �� s �, ,�, � � . � ' � +� ,�,., � ��. s,�,� �,��r�e��, �:�� ,'�� F��'� *t':'� �I,'��,`,,!�� 4'�,�' r �' �..i�!_ y i 9 s1 i"�.. ;� �� e •,L �i$c � ��w�1�� • Clarify Section 78-158, Waivers — Refers to wrong Division — Mandate non-negotiable 25% set aside • Implementation language negotiable • Agricultural Uses - � °a�,� � t 't r�e �, �4.' � + �� . ? F�°� '' , .•, � .. I � �:, � _�...;.�......,:�, ��r 7i�-.':s. �-.,F�il�kll.l� �.�.'.� �_. .... �_,�.�...L . .. .. , � — Consistent Comprehensive Plan Policy 6.1.4.5. — Set aside required � � . , � �`. ; 5j . S �'. /• � 1 � } � �� , ..� + 'e � Jw ..._ I �i- � � ��: r �:e ;°,�; .,� <,�.t,' '�a�•'.� sk � rr :.�-! � �r � g� Comprehensive Plan, Policy 6.1.4.3., ',��'�,��,.'. ..�y��A2`� _� •'.or :. h�tlMlY d. {� �` � _. . ' u '_ , . '^�I��Y ' �� ' . �� — Section 78-246 modified to add 3 additional categories of environmentally sensitive Comprehensive Plan, Policies 6.1.1.3 and 6.1.4.5., — Section 78-249 is being modified to clarify the criteria for upland and wetland mitigation • By establishing that the required on-site 25% set aside can be the existing or restored native upland environment or habitat; • When a parcel is located east of the Urban Growth Boundary, off-site mitigation and/or cash in-lieu of on-site preservation may be utilized, if approved by City Council; • Owners of platted upland preserves will not be permitted to utilize the two mitigation options; and • Wetland mitigation is determined by the agency having jurisdiction. �. ' . . � , � �_. ; � •t �'. /• � 1 � } X � r ►.._��0 � '+�. o,� � � � r t r T` th i � < �.t r � dt•:� i'� � rlC :.i-E . �r � g� ,,��,��y,:'. $V ..�y��A2`� _� :'.or :. h�tlMlY d {� �,' . . . .. - . . � _. .��Y � !� ;� Comprehensive Plan, Policy 6.1.4.5. — Proposed changes to Section 78-250 further strengthens the LDR language that clarifies that City Council can designate the on-site 25% set aside acreage and location, or mitigation acreage based on the environmental assessment. Staff feels this authority is supported by the Other changes to Section 78-250 are staff's request to increase the function and enjoyment of on-site preserves within a limited scope. � . , � �`. ; 5j . S �'. /• � 1 � } � �� , ..� + 'e � Jw ..._ I �i- � � ��: r �:e ;°,�; .,� <,�.t,' '�a�•'.� sk � rr :.�-! � �r � g� Consistent with the Comprehensive 6.1.4.5., ',��'�,��,.'. ..�y��A2`� _� •'.or :. h�tlMlY d. {� :�' . � _. � - .� i;?:.� :�.k;1",:� Plan, Policy — Amendment to Section 78-252 requires the LDR to establish criteria for assessing the mitigation options. Based on previous City Council's site plan approvals and consultation with Property Appraisers, staff recommends: • A three to one ratio limit when assessing off-site mitigation proposals; • Wetlands cannot be used to mitigate for uplands; • Off-site preserves shall be deed restricted and include long-term maintenance prior to land alteration; and • Cash payment shall be equivalent to the average per acre appraised value of the development property after issuance of development approval by City Council, multiplied by the number of acres required to be preserved. . , � �`. ; 5j . S �'. /• � 1 � } � �� , , ..�' °� _ -�� ,_�, ��. ,�=: �� `1�'�1 � ' � � . ..t_.. . .*� o� . ,� � , ,� , ��.. �� < .t �. ;a��.� sk � rr :.�-! � �r � g� �,,��!��, ��— �� df: �� '�:;. I',il 1 { -�� -__v . :�' _ � � _. � . _ ,�Y � !r� ;� • Addin definitions to Section 78-751 g �'e~ r,� ``5 � .� .. s � J F ��I� �y�-``� ` - � ��'� ��`i ��°a�v., ��' I.,'�� rPi:.�y ��a.'�' ... �y � t - � s - a 1 jF y„ 1� �: J � �{ + �� I �f � I � � _ le �y ..,y � { � ' yF , � p° - —_ '� . l � . 3� � �` . fi �:. ry } . .' .. ;� � . � § � .�� '� .'�j� �' �� . - . � �I` �•'� �w �. �, .r T �.� f� �Ar .>`-` r �..hF,b;.v -�� , '� ! e ., f�� . � ' . � p . p� �e� j,{$'�- . � � . . _ _. . � .,�' p '� ,! t �y . - _ . 9�� „ „t. .. .. !# . ° .? . . � � � ; �. � i Id� � . +.� i � � t�: �r � �j �� i� I 1. . .i �q �,a�'Y;` ; ' �� n� , •i�� .,_, 74�F� � i� '- �'� ��' hh�� i IJ�E�.t� I. v' ` - i ''� . J i i+;. �� . _ . . .. - . . - .-' r `� .. �, � � r.- " i �� . . e. .il �'�� y4� . .. .. � - . . .:..�"{ ,�.' • �Y �Y . . . . . . . . . _ - . _ _ .. . . i ii .. , . .. _ , . . ' . �� ' . �� ro ose amen men s o e . u m s e r ec c � n o es • Comprehensive Plan, Policy 6.2.2.5., which is the City's green initiative to promote recycling. — Proposed changes to Sections 78-378 and 78-379 are encouraged by City staff proposal addresses current difficulties that property owners have in order to add recycling dumpsters or screen existing dumpsters. � � , � �_. ; � •t �'. /• � 1 � } i �� r I � � ..� ,:�11�Y � � � ��k�`1��1 � ry� � �. . _*f � . � ��.�..�� < .! � '�dt•'.� i'� � YlC :..i-E � . �r � g� a ecom men a ,,��,��y,_' ��- $V ..�y��A2` _� :'.or�:. h�tlMlY d. {� � �, .�. . . . f _,' -. . . . .. .. - . . � _. .. � �� - . , . .. _ ...�Y. ' �� . ■ •� ion Staff recommends APPROVAL of the proposed text amendments to the Natural Resources and Environmentally Si nificant Lands and Dumpster/Recyclin g g sections of the LDRs. � Pole-mou nted Ban ner Criteria L D RA-09-07-000024 Ordinance 29� 2009 Planning, Zoning, and Appeals Board November 9, 2009 � � ��,�� a� �.� f� £ � . .� .. .. , � , f � ' 'i'. ry ', � , �� °; - ;�' :� .} ; � -� �� _� , i � �.�,{' :.�, � �i ':l :�I ��J�� ;� p,.,�.'i`��,��,,',�:� �� - �, ��? ��. ,�� 1�.U� i 2� �� .'!�b 1jr'y�A a' . � ��+ f � .. {t J SR' ti �L �� 4a 4 t�yr �. Y �' �� ,� ; . - - .�,.- - �y� . : . �..�r �eaul� � a��_ LJl L.� .LIAJilU111G lV 2.J1 V1ILFJAVIwIA• U (h) Giiter prnhabited signs. In adc�t3on to t�e pralx�b��ed signs indicated above, the following �igns are prohibited �n t�ae city: {�.) Awning signs, un�ess oth�rwise provided he�reir�, (2) Bunting, pennan�s, streamexs, banners, and oth�r similar signs �r devices normally but not always insta�led in a serie�, designed to mave wi�h the wi,nd, and usual�.y attached to bu�ldings, trees, ropes, poles, and similar �truc��res, provided, however, the city council may approve t�e use af pole-mounted banners. !/�L, r ;y; . � • Two petitions have come before the City Council for pole-mounted banner approval: — PGA Commons (2007) — Legacy Place (2009) • May 21, 2009- City Council requested staff work on criteria for banners. • June 18, 2009 the City Council discussed specific banner criteria. — This petition meets the criteria that was presented to Council. � � � Final Legacy Place banners approved by City Council on August 20, 2009 � ��,�� a� �.� f� £ � . .� .. .. , � � " , f �-�� ' 'i'. ry ', � , �� °; - ;�' :� .} ; � -� �� _� , yi � �.�{', � . : �� •. F � .:!� R� ��J�� ;� p,.,�.'i`��,��,,',�:� �� - �, ��? ��. ,�� 1�.U� i 2� �� .'!�b 1jr'y�A a' . �� + f � .. + ti { d W s4y°�,� �4>4:t�yr �r ' ' �`, �i „ ��° e � 46' yA: i� �� '��k,� � - - . �,. _ -�,� t �.' �� '� � f � : i `�° �;� �y� � ��,�� a� �.� f� £ � . .� .. .. , � � " , f �-�� ' 'i'. ry ', � , �� °; - ;�' :� .} ; � -� �� _� , i � �.�,{' :.�, � �i ':l :�I ��J�� ;� p,.,�.'i`��,��,,',�:� �� - �, ��? ��. ,�� 1�.U� i 2� �� .'!�b 1jr'y�A a' . �� + f � .. t � � { d W ;L�� 4a4.t�� . ' �`, �� '��k,� � - - . �,. _ -�,� �y� � ro ose a n es • Sec. 78-284. Prohibited signs and prohibited sign locations. • (h)(2) Bunting, pennants, streamers, ��, and other similar signs or devices normally but not always installed in a series, designed to move with the wind, and usually attached to buildings, trees, ropes, poles, and similar structures; provided, however, t�a° ^�+., ^^„n^;' m�., �^nr^„° the use of pole-mounted banners� qermitted in accordance with Section 78-292. !/�L, r ;y; . � � ro ose a n es • Sec. 78-751. Definitions — Sign, Pole-mounted banner means signage that has letters, illustrations, or drawings that are applied to fabric or vinyl and are attached to a street pole or light pole in accordance with Section 78-292. • Section 78-285. Permitted Si ns g — Adding Pole-mounted banners with criteria set forth in Section 78-292 to Table 24 for permanent signs. !/�L, r ;y; . � � ro ose a n es • Section 78-292. Pole-mou nted Ban ner Criteria: — Pole-mounted banners shall only be permitted in public institutional, commercial or mixed- use zoned areas for the limited purposes of brand identification or as a holiday decoration provided the following conditions are met: !/�L, r ;y; . � � rova rocess • Final approval by City Council is required • Miscellaneous permit • Site Plan for location • Light Pole detail • Graphic of banner and size (all graphics proposed) • Holiday Banners may be conditioned with a certain time frame !/�L, r ;y; . � e u i remen s • Located on existi ng I ig ht pole • One banner per pole — two-sided • Landscapin shall not be pruned for g banners � !/�L, r ;y; . � ■ ■ e u i remen s on i n ue • Hurricanes-banners must be removed • Maintenance required • Building permit required • Ban ners can not be placed i n ad jacent ri ht of way g • M ust be 8 feet from rade and 15 feet g from property I i ne � � ��,�� a� �.� f� £ � . .� .. .. , � � " , f �-�� ' 'i'. ry ', � , �� °; - ;�' :� .} ; � -� �� _� , i � �.�,{' :.�, � �i ':l :�I ��J�� ;� p,.,�.'i`��,��,,',�:� - . ' Height of Light Pole 20 to 25 feet Less than 20 feet � �� - �, ��? ��. ,�� 1�.U� i 2� �� .'!�b 1jr'y�A a' . �� + f � .. t � � { d W ;L�� 4a4.t�� . ' �`, � Maximum Banner Maximum Area Dimensions 21 square feet 3 feet width by 7 feet length 4.5 square feet 1.5 feet width by 3 feet length �� '��k,� � - - . �,. _ -�,� �y� � ��,�� a� �.� f� £ � . .� .. .. , � � " , f �-�� ' 'i'. ry ', � , �� °; - ;�' :� .} ; � -� �� _� , yi � �.�{', � . : �� •. F � .:!� R� _��'��. .�.`-,i.:.e_ `�. � � � �l' � ��'Q�, � � �,'�„ ��J�� ;� p,.,�.'i`��,��,,',�:� , . 1 q,'_g^ � �` :; � � � �� - �, ��? ��. ,�� 1�.U� i 2� �� .'!�b 1jr'y�A a' . �� + f � .. + ti { d W s4y°�,� �4>4:t�yr �r ' ' �`, i . • � �. l � �,� � � �� '��k,� � - - . �,. _ -�,� �1 ^_3,* — (! 3 °3� - ' � 5� I g'_3'� '; ::�! � _ - � �y� � � ■ a ecom men a �on • Staff is recommending approval of LDRA- 09-07-000024 for Ordinance 29� 2009. � � Cit of Pal m Beach Gardens y Cit -initiated Amendment to the Plat y Code Petition No. LDRA-09-05-000022 Planning, Zoning, and Appeals Board November 10, 2009 � Main Ob'ectives J 1. Creating exceptions to the platting process. 2. Clarifying and expanding the boundary plat process and consolidated into new preliminary plat process. 3. Updating Final Platting process, including the creation of a"Technical Compliance" certification. T � �� i „ � �_ � { r: .ii}< �uc,�'� . � t �, � f�+� _ . t.'x s, ' -ti __ _ . �-.._i:_. � .-h�.�+�'r- . - Platti n Exce f�on g p .- ..`*�,... > iL� "" ' . ' .._�.. .h.a'�.�� • City Code Section 78-428, Exceptions, has been expanded to allow for instances where a plat would not be required: Combination of two previously platted lots into one lot. • Sale of land between two adjoining property owners which does not create additional or nonconforming lots. Division of land is for the conveyance to federal, mun�cipal or state agency. • Division of land into parcels of more than ten acres, which would not create new access. T � �� i - � '.Y „ � �_ � { r: .ii}< �uc,�'� . � t �, � f�+� _ . t.'x s, ' -ti __ _ . �-.._i:_. � .-h�.�+�'r- . - Platti n Exce tions cont'd g p .- ..`*�,... > iL� "" ' . ' .._�.. .h.a'�.�� • Minor alterations to the plat or plan of record which are less than 25 percent of the site may be approved as an exception by the ➢ If platting is not necessary, in-lieu of platting a certified survey shall be submitted. � Preliminar Plat y • Remove existing section of boundary plat requirements and relocated those requirements into new preliminary plat section. • New preliminary plat section specifically defines requirements for the application, defines the process, and specifies what one can do once approved. • Preliminary plat has been created as an o tion to developers and may be submitted concurrently with a PU D, PCD, or site plan approval. � Technical Com liance & Final Plat�' p • Section 78-447, entitled Final Plat, includes a new section called Technical Compliance ("TC"). In order to obtain TC one must meet the following criteria: — proposed final plat must comply with State Statutes and legal requirements; and — All required improvements must be bonded or surety posted prior to TC Certification; and — Permits for infrastructure, clearing, and demo work may be obtained after issuance of TC !/�L, r ;y; . � � Benefits of Technical Com �anc p • Existing Code requires final plat approval prior to granting of any permit. • Usually a severe lag time between project approval and final plat approval. (i.e. plat circulates for signatures) • Would provide developers the opportunity to begin construction of the required improvements at a more appropriate timeframe. Existing Platting Process � � � � ►. Proposed Platting Process � � � � � Staff Recommendation • Staff recommends approval of Petition No. LDRA 09-05-000022. � !/�L, r ;y; . � � Preliminar Plat cont'd y • Approval of a preliminary plat allows the applicant to do the following: 1. Prepare engineering plans and cost estimates for the required improvements for review by the City. 2. Begin coordinating with the City assurances for improvements. 3. Submit for final plat. • Must submit for final plat within 180 days or preliminary plat expires. � � Art Maintenance and Selection Process L D RA-09-10-000026 Ordinance 37� 2009 Planning, Zoning, and Appeals Board November 9, 2009 !/�L, r ;y; . � � ro ose a n es • Section 78-261 a. Art i n Pu bl ic Places Requirements • For consistency remove the Definitions from Section 78-261 and place them in Section 78- 751 "Definitions" !/�L, r ;y; . � ro ose a n es • Artist selection — Call to artist —Artist/artwork selection — Contracts for artwork • Include a Maintenance and Inventory Sheet � !/�L, r ;y; . � � ro ose a n es • Art impactfund — Proposing to include maintenance of artwork from the fund for city-owned artwork — Promotion of the art program to be permitted from art impact fund !/�L, r ;y; . � � ro ose a n es • Maintenance of artwork — City Council to designate portion of the art impact fund for maintenance — When city-owned art is approved by City Council, the budget shall include dedicated funds for continual maintenance of 25 years — Maintenance funds shall cover all expenses for maintaining and preserving the art � � ■ a ecom men a �on • Staff is recommending approval of LDRA- 09-10-000026 for Ordinance 37� 2009.