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HomeMy WebLinkAboutAgenda Council Agenda 051508 City of Palm Beach Gardens Council Agenda May 15, 2008 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Jablin Council Member Russo Vice Mayor Levy Council Member Barnett Council Member Premuroso CITY OF PALM BEACH GARDENS COUNCIL AGENDA May 15, 2008 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: a. Solid Waste Authority – New Land Fill b. (Page 5) Recognition of the Palm Beach Gardens High School Lacrosse Team. V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. (Page 6) Approve Minutes from April 3, 2008 workshop City Council meeting. b. (Page 11) Approve Minutes from April 3, 2008 regular City Council meeting. c. (Page 24) Approve Minutes from April 17, 2008 regular City Council meeting. d. (Staff Report on Page 38, Resolution on Page 40) Resolution 37, 2008 - Mutual Aid Agreement. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing execution of the Palm Beach County Law Enforcement Agencies Mutual Aid Agreement; authorizing the Police Chief to execute additional Agreements to effectuate the Mutual Aid Agreement; and providing an effective date. e. (Page 54) Proclamation – National Police Week 2008. f. (Page 55) Proclamation – Emergency Medical Services Week. IX. PUBLIC HEARINGS: Part I – Quasi-judicial a. (Staff Report on Page 56, Resolution on Page 86) Resolution 22, 2008 – Development Order Amendment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the Development Order for Donald Ross Village Planned Unit Development (PUD), bounded by Donald Ross Road to the North, Central Boulevard to the West, and Military Trail to the East, as more particularly described herein, to eliminate certain conditions of approval related to the provision of shared parking; providing conditions of approval; providing waivers; and providing an effective date. b. (Staff Report on Page 100, Ordinance on Page 141, Resolution on Page 144) Ordinance 9, 2008 - (2nd reading and adoption) Klock property office building PUD. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to rezoning; rezoning a parcel of land consisting of 3.01 acres, located on the North side of Burns Road approximately 1,340 feet East of Military Trail, as described more particularly herein, from Research and Light Industrial Park (M-1) zoning district to Planned Unit Development (PUD) overlay with an underlying zoning district of Research and Light Industrial (M-1) zoning district to be known as the Klock Property Office Building PUD; providing revisions to the zoning district map; and providing an effective date. Resolution 28, 2008 is a companion item to Ordinance 9, 2008 and will require council action. Resolution 28, 2008 - Klock property office building PUD. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Klock property office building Planned Unit Development (PUD) to allow the development of one building consisting of 48,000 square feet of professional office use on a 3.01-acre parcel, as described more particularly herein; providing waivers; providing conditions of approval; and providing an effective date. c. (Staff Report on Page 153, Resolution on Page 155) Resolution 36, 2008 – Cimarron Cove Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Cimarron Cove Plat; and providing an effective date. Part II – Non-Quasi-judicial a. (Page 163) Evaluation and Appraisal Report based Amendments (EAR) - Based Amendment Workshop. X. RESOLUTIONS: XI ORDINANCES: (For Consideration on First Reading) XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: XIII. CITY ATTORNEY REPORT: XIV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. Palm Beach Gardens High School Boys Varsity Lacrosse Team 2008 Florida Interscholastic Activity Champions The Palm Beach Gardens High Boys varsity Lacrosse team in only their third season won the State of Florida IA Championship. The team was undefeated in 20 games including the playoff and state competition. The squad generated 248 goals and gave up only 84 and placed several players to all district and area honors. The championship was won in exciting fashion 9-8 in overtime versus HB Plant HS from Tampa. On their championship run they defeated Benjamin School in district play, Coral Reef HS in regionals and Douglas HS in the state semi-finals prior to winning the title. The team was coached by Joe Gephart and Justin Gilken. Coach Gephart is no stranger to our local youth programs leading the tackle football and establishing the initial youth lacrosse program. A number of members of the team also participated in the youth lacrosse program. CITY OF PALM BEACH GARDENS COUNCIL WORKSHOP PAGE 1 04•03•08 CITY OF PALM BEACH GARDENS 1 CITY COUNCIL 2 WORKSHOP MEETING 3 APRIL 3, 2008 4 5 The April 3, 2008 Workshop Meeting of the City Council of the City of Palm Beach 6 Gardens, Florida, was called to order at 6:03 p.m. in the Council Chambers of the 7 Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, 8 by Mayor Eric Jablin. 9 I. PLEDGE OF ALLEGIANCE 10 II. ROLL CALL 11 The City Clerk called the roll and the following elected officials were found to be in 12 attendance: Mayor Eric Jablin, Vice Mayor David Levy, Councilmember Joseph Russo, 13 Councilmember Jody Barnett and Councilmember Robert Premuroso. 14 Mayor Jablin welcomed all to tonight’s workshop. Mayor Jablin noted the new chairs on 15 the dais, as suggested by Former Councilmember Valeche. All Councilmembers now sit 16 higher. 17 Mayor Jablin announced the City of Palm Beach Gardens will hold two public budget 18 workshops in May: Thursday, May 1, 2008 at 6:00 p.m. and Thursday, May 15, 2008 at 19 6:00 p.m. Both workshops will immediately precede the Regular City Council Meetings 20 in Council Chambers. 21 III. WORKSHOP 22 a. Composition of Boards and Committees. City Manager Ron Ferris addressed the first 23 subject for discussion stating that by consensus at the last City Council meeting, Council 24 directed staff to review the current board and committee structure and find out current 25 issues and concerns. In so doing, recommendations were given by the public, board 26 members, staff and some Councilmembers. Some of the challenges noted: the work is 27 done but concern remains about work to be done in the future; too little responsibility; 28 and attendance issues. Considerations taken into account include: potential budget cuts, 29 staff time, effectiveness of the boards and the use of board member time. Suggestions 30 made to address the issues include budget, available staff time, input from citizens, and 31 combining the Community Aesthetics Board (CAB) and the Parks and Recreation 32 Advisory Board (RAB). Due to future financial considerations it is questionable as to 33 whether the Military Trail Grant Program will continue. The other boards being 34 considered for combining are the Budget Oversight Committee (BOC) and the Economic 35 Development Advisory Board (EDAB). Both are financially and economically based. 36 These ideas are for consideration and discussion to ensure the boards and committees 37 work effectively and efficiently. Mayor Jablin requested further input on the possibility 38 of combining the CAB and the RAB. Mayor Jablin stated he did not want to see anyone 39 eliminated from a board that still wishes to continue. Councilmember Barnett explained 40 the responsibilities of the CAB and noted the member concerns for scope of 41 responsibility. The CAB members do wish to continue. Vice Mayor Levy stated the RAB 42 is planning the City Park and Lilac Park Master Plans. However, with the budget cut 43 there may not be any funding to make the vision happen. City Manager Ferris stated that 44 impact fees are down and grant monies are limited so there may not be hard money for 45 construction costs. Also to be considered is maintenance for any new facilities. 46 CITY OF PALM BEACH GARDENS COUNCIL WORKSHOP PAGE 2 04•03•08 Councilmember Barnett asked if each department applies for its own grants. City 1 Manager Ferris stated that each department applies on its own and RAB has been very 2 successful. Councilmember Russo agreed with eliminating costs where possible, but 3 retaining the contributions of board members who provide their expertise free of charge 4 to the City. Councilmember Russo also discussed the possibility of keeping the BOC and 5 EDAB separate, but cut down on the number of meetings. Another suggestion is to set a 6 goal for each board’s membership and then meet that goal through attrition. 7 Councilmember Barnett requested that the boards’ scope be reconsidered. She explained 8 how the CAB members have been looking into environmental issues in which they could 9 become active. Councilmember Premuroso suggested keeping the committees separate 10 for now and to scale back the meetings. Also suggested was bringing the CAB and RAB 11 together to meet and see if the members can find common ground. Mayor Jablin agreed 12 with Councilmember Premuroso’s suggestion on having the CAB and RAB meet. 13 Agreement was reached among Councilmembers to have the CAB and RAB meet and 14 discuss the possibility of their joining to become one board. Vice Mayor Levy stated he 15 would like to attend the meeting because he has some ideas for CAB that may not be 16 aesthetic, but would definitely make the City better, which is within their purview. City 17 Manager Ron Ferris summarized the points of the discussion: scale back the number of 18 meetings based on work demand; have the CAB and RAB meet and discuss their 19 commonality; and cut back on the number of meetings based on workload. 20 b. De Minimis Traffic Issues. City Engineer Dan Clark explained de minimis traffic 21 issues and Constrained Roadway at a Lower Level of Service (CRALLS). De minimis 22 traffic is defined as the volume of less than 1 percent of the level of service on the 23 roadways. Level of service is another way to define capacity. The relationship of volume 24 on the road versus capacity on the road is being looked at. De minimis traffic is a 25 concurrency exception. Traditionally, when less than 1 percent of the roadway capacity is 26 reached, a roadway exception has been allowed. Volume is defined as the counts the 27 County gives (background traffic) plus the committed un-built (trips that have been 28 approved but aren’t showing up on the roadway because the buildings aren’t there to 29 generate the traffic) plus the proposed new development trips that will go onto the 30 roadway. Combining the three factors and looking at the volume, and then comparing the 31 volume to our level of service and what that level of service (defined as the capacity on 32 the roadway) is where challenges begin with a couple of the City’s roads. F.S. Chapter 33 163 reads, “No impact will be considered de minimis if the roadway already exceeds the 34 level of service by 10 percent.” Palm Beach Gardens has two roadways where the volume 35 of traffic exceeds 110 percent of capacity or above. They are PGA Boulevard from 36 Florida’s Turnpike east to Military Trail and Northlake Boulevard from Interstate 95 east 37 to Congress Avenue. The State says that even de minimis traffic cannot be allowed on 38 those roadways at that point. Options to be addressed include: any project that might 39 come forward that would add traffic to those roadways. The City can establish a policy 40 that no CRALLS will be allowed anywhere. CRALLS is an adjustment to our level of 41 service that increases capacity. The options available for the two cited roadway segments 42 include: adopt CRALLS for those segments that allow for de minimis traffic, do not 43 adopt CRALLS for those segments, or continue our policy of addressing each issue on a 44 project-by-project basis as the need arises. Dan Clark recommended continuing to 45 address each issue on a project-by-project basis. Palm Beach County issues the CRALLS. 46 CITY OF PALM BEACH GARDENS COUNCIL WORKSHOP PAGE 3 04•03•08 The City of Palm Beach Gardens can ask for changes. Councilmember Russo stated Palm 1 Beach County Commissioner Karen Marcus will not accept any CRALLS unless they 2 come from the City first. Councilmember Russo spoke extensively on the rules governing 3 de minimis and CRALLS designations and possible development and roadway impact. 4 Councilmember Russo does not want to see any more traffic on a road that already has a 5 CRALLS designation. Vice Mayor Levy stated that from City Engineer Dan Clark’s 6 memorandum he could accept option (a) establish policy of no CRALLS for de minimis 7 impacts or (b) address as specific projects come forward without global CRALLS; he 8 could not accept option (c) ask the County to adopt de minimis CRALLS for these links. 9 Councilmember Barnett requested further explanation of options (a) and (b). Dan Clark 10 explained that option (a) is telling the County not to designate any de minimis for the 11 City of Palm Beach Gardens and directing staff to decrease the intensity of developments 12 to the point where it did not impact that roadway. Dan Clark asked for a policy decision 13 from Council. Mayor Russo asked Dan Clark if the City can consider traffic impact on a 14 project-by-project basis. Dan Clark explained that he is talking about small projects such 15 as in-fill and redevelopment. The problem is the impact will be on roadways that are 16 already above capacity. In this situation Council can do a project-by-project capacity 17 adjustment, which the County designates as CRALLS. If a large project comes in it will 18 be a Development Regional Impact (DRI) and it will have major traffic issues that will 19 have to be discussed at Council level. Further discussion ensued. Council recommended 20 option (b) address as specific projects come forward without global CRALLS. 21 c. Direction of Code Enforcement. Code Enforcement Operations Director David Reyes 22 updated Council on his department’s activities. He reported receiving requests from 23 residents for the continued enforcement of City codes. Code Enforcement’s goal is to 24 continue to work with residents and continue communication. The three-step enforcement 25 process includes: (1) a Correction Request, (2) Notice of Violation and (3) Notice of 26 Hearing. Although Florida Statute does not require a Correction Request, it has been 27 found to be successful, with 35 percent resolution at that level. Code Enforcement has 28 also been successful in working with other City departments including Police, Fire and 29 Building. During FY 2007–2008, to date 228 requests for compliance have been 30 received. Ninety percent of Code Enforcement’s cases are generated by a resident 31 complaint. 32 d. Town Hall Meeting Date. Postponed until the Regular City Council meeting directly 33 following at 7:00 p.m. 34 e. Height Ordinance. Growth Management Administrator Kara Irwin presented 35 Ordinance 8, 2007 height restriction requirements for residential Planned Unit 36 Developments (PUD) and Panned Commercial Developments (PCD). Ordinance 8, 2007 37 affects residential development in all areas of the City. At first reading Ordinance 8, 2007 38 was put aside so nonresidential height could be reviewed. With resolution of 39 nonresidential height the same process can be followed and it can be added to Ordinance 40 8, 2007. Residential height designations were explained. Kara Irwin stated meetings have 41 been held with representatives from the Palm Beach Gardens Residents Coalition to 42 negotiate height limitations for nonresidential development in the City. Agreement in 43 concept includes: development West of Interstate 95 would have the same limitation as 44 residential, with not more than a 25 percent increase as the only allowable waiver; East of 45 Interstate 95, where economic development is encouraged and which includes future 46 CITY OF PALM BEACH GARDENS COUNCIL WORKSHOP PAGE 4 04•03•08 bioscience areas, remain with its current limitation where waivers for height must be 1 requested through the PUD process. West of Interstate 95 the proposed commercial 2 restriction is 36 feet, with the 25 percent waiver cap the maximum height would be 45 3 feet; professional office would be the same as commercial; industrial is 50 feet and the 4 maximum would be 62.5 feet; public and institutional buildings of no more than 45 feet 5 would be 56.25 feet; mixed use is 4 floors and could be increased to 5 floors for 6 employment center uses only located at the intersection of two arterials. East of Interstate 7 95 the limitations will be determined by City Council through the PUD process. To adopt 8 the height regulations, Ordinance 8, 2007 can be revised by adding the nonresidential 9 limitations. The Ordinance will be given a new 2008 number and put back through the 10 process including the Land Development Regulations Committee (LDRC) which would 11 make a recommendation to the City Council and the City Council would have two public 12 hearings. Public comments can be made at both City Council meetings. Language can be 13 included for existing nonconforming buildings. Kara Irwin explained that a waiver to 14 build over 36 feet would still be required, but could not exceed 45 feet. Councilmember 15 Barnett stated she does not believe the changes will accomplish what she thought they 16 would. Councilmember Russo explained his meetings with the Palm Beach Gardens 17 Residents Coalition, which were authorized by Council. The Coalition’s concerns were 18 height and traffic. Residents want protection from high-rise residential condominiums, 19 but do want to encourage commercial development. Councilmember Russo supports the 20 residential and commercial limits. Vice Mayor Levy stated his support for the new 21 limitations. Council agreed to go forward with the height limitations proposal. 22 23 24 (The remainder of this page intentionally left blank.) 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 CITY OF PALM BEACH GARDENS COUNCIL WORKSHOP PAGE 5 04•03•08 XIV. ADJOURNAMENT 1 There being no further discussion at the Workshop, a motion for adjournment was made 2 by Councilmember Russo, seconded by Vice Mayor Levy and approved unanimously. 3 The meeting was adjourned at 7:10 p.m. 4 5 APPROVED: 6 7 8 Eric Jablin, Mayor 9 10 11 12 13 David Levy, Vice Mayor 14 15 16 17 18 Joseph R. Russo, Councilmember 19 20 21 22 23 Jody Barnett, Councilmember 24 25 26 27 28 Robert G. Premuroso, Councilmember 29 30 31 32 ATTEST: 33 34 35 36 Patricia Snider, CMC 37 City Clerk 38 39 Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim 40 transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk. 41 All referenced attachments on file in the Office of the City Clerk. 42 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1 04•03•08 CITY OF PALM BEACH GARDENS 1 CITY COUNCIL 2 REGULAR MEETING 3 April 3, 2008 4 5 The April 3, 2008 Regular Meeting of the City Council of the City of Palm Beach 6 Gardens, Florida, was called to order at 7:10 p.m. in the Council Chambers of the 7 Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, 8 by Mayor Eric Jablin. 9 Mayor Jablin announced public budget workshops on Thursday, May 1, 2008 and 10 Thursday, May 15, 2008 at 6:00 p.m. in Council Chambers directly preceding the 11 Regular City Council meetings. 12 I. PLEDGE OF ALLEGIANCE 13 II. ROLL CALL 14 The City Clerk called the roll and the following elected officials were found to be in 15 attendance: Mayor Eric Jablin, Vice Mayor David Levy, Councilmember Joseph Russo, 16 Councilmember Jody Barnett and Councilmember Robert Premuroso. 17 III. ADDITIONS, DELETIONS, MODIFICATIONS 18 Additions – Consent 19 Proclamation of America’s 50 best hospitals. 20 Deletions 21 City Manager Report – Code Enforcement Trends and Issues. This item was covered in 22 the 6:00 p.m. workshop. 23 Modifications – Part I, Quasi-Judicial 24 Ordinance 1, 2008 – (1st reading) Establishment of the Parcel 5A Community 25 Development District. 26 Ordinance 2, 2008 – (1st reading) Establishment of the Parcel 5B Community 27 Development District. 28 The applicant has requested postponement to no certain date. Applicant is continuing to 29 gather information to discuss with staff. A copy of the letter from the Special Services 30 District has been approved for each Councilmember. 31 Motion 32 Councilmember Russo made a motion for approval. Vice Mayor Levy seconded with 33 discussion. 34 Vice Mayor Levy stated that he remembers both Ordinances coming before Council 35 previously. He asked if it can be assured that the next time they are on the Agenda that it 36 does take place. Mayor Jablin stated that he does not know if Council has the authority to 37 make an item stay on the Agenda. Mayor Jablin agreed both Ordinances have been on the 38 Agenda before and sometimes people come to a meeting because items are on the 39 Agenda and are disappointed when they are pulled at the last minute. Mayor Jablin 40 suggested the next time both Ordinances are placed on the Agenda again for an up or 41 down vote, it be in earnest. Councilmember Russo stated there used to be a policy of not 42 allowing more than two or three postponements. Mayor Jablin agreed with Vice Mayor 43 Levy and Councilmember Russo. Mayor Jablin then asked for a show of hands among 44 the audience of people who came because Ordinance 1, 2008 and Ordinance 2, 2008 were 45 on the Agenda, to which there was a response. 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 04•03•08 Motion carried unanimously, 5-0. 1 IV. ANNOUNCEMENTS AND PRESENTATIONS 2 a. Annual Audit Report. Finance Administrator Allan Owens presented the Annual 3 Financial Report for the fiscal year ending September 30, 2007. The statements have 4 been audited by McGladrey and Pullen, LLP, who will present their report tonight to 5 Council. Allan Owens presented highlights from the financial report including: General 6 Fund Undesignated Fund Balance as of the end of last year was $15.8 million 7 representing 22.5 percent of the total General Fund expenditures, which puts the City in a 8 sound financial position going into next year’s budget process and there has been only 9 one management letter recommendation in 3 years. Allan Owens thanked his staff for 10 their excellent work and introduced Donnovan Maginley, McGladrey and Pullen, LLP, 11 who reviewed the audit report. Mr. Maginley stated the audit report was prepared 12 according to audit standards and government audit standards as prescribed by Florida 13 Statute. The opinion given is an unqualified opinion, which is the highest level of 14 assurance an auditor can provide. Mr. Maginley stated there was one letter of comment 15 noted during the course of the audit. It is not considered a significant deficiency or 16 material weakness, but an area of improvement to be continued in the course of the 17 operation of the accounting functions. Mr. Maginley offered to answer questions. 18 Councilmember Premuroso commented on the excellent work of McGladrey and Pullen, 19 LLP, and to Mr. Owens, who was able to answer questions immediately during the 20 course of their meeting, and to Mr. Owens’ staff for their excellent work. Councilmember 21 Russo thanked Mr. Maginley and the staff for their fine work. 22 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE 23 REPORTS 24 Councilmember Jody Barnett stated she would forego her statement having given her 25 report during the workshop. 26 Vice Mayor David Levy reported his attendance by teleconference at a Workforce 27 Alliance Consortium meeting where a presentation was given on the research on youth 28 contractors. Following the presentation, the FY 2008–2009 contracts were executed. 29 They will be renewable on an annual basis for up to 5 years and Mr. Harry Bernard was 30 approved to be a member of the Executive Board. Shirley Walker was recognized as the 31 Mayor of South Bay, replacing Clarence Anthony. Vice Mayor Levy also reported his 32 attendance at the Loxahatchee Management Coordinating Council where the Tanah Keeta 33 Boy Scout Reservation was discussed. There was a presentation on lead contamination 34 migration and Vice Mayor Levy is confident Tanah Keeta’s Management Plan will 35 prevent any contamination going into the river. Tanah Keeta Boy Scout Reservation was 36 requested to give a future presentation addressing the structural improvements being 37 made within the 300-foot boundary of the river. Also discussed was a new bridge at 38 Northlake Boulevard that will span the Loxahatchee River Slough, which will allow 39 better water movement to the North and help keep the catchment area fresh and full. The 40 Cypress Creek Wetlands restoration has an area called the Three Brothers Tree Farm. The 41 County is planning a recreational vehicle (RV) park for the site. The Council adopted a 42 Resolution encouraging the County to acquire the land for preservation. By Resolution 43 the County was requested to give a presentation on the RV park. There was discussion of 44 water quality from the South Indian River Water Control District, which states when it 45 rains more nutrients get into the water. A presentation on Flow Way 1 was given, citing 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3 04•03•08 the high concentration of chlorides in the rock pit. The District believes the chlorides are 1 remnants of the mining operation that was there and the levels will drop with time. 2 Councilmember Russo reported a phone call from a biotech company interested in 3 relocating to the area. The company representatives were unable to come because of 4 weather conditions. Mayor Russo turned the matter over to City Manager Ron Ferris. 5 Councilmember Premuroso reported he and Councilmember Barnett attended the Annual 6 Easter Egg Hunt, which was a great success. He offered thanks to Parks and Recreation 7 for their work. Councilmember Premuroso attended the Palm Beach Gardens Medical 8 Center’s ceremony for the top 1 percent rating received for clinical excellence. 9 Mayor Jablin wished a happy birthday to Kara Irwin, Charlotte Presensky and Chief 10 Stepp. Mayor Jablin discussed the City’s 2009 50th anniversary and its founding by John 11 D. McArthur. He introduced Steve Cohen, a former employee of the John D. and 12 Catherine T. McArthur Foundation and presently with the Holland & Knight Law Firm. 13 Mayor Jablin reported meeting Jonathan Stanton, president of the John D. and Catherine 14 T. McArthur Foundation, at the Forum Club. Mayor Jablin encouraged discussion with 15 the McArthur Foundation on suggestions for the next 50 years and possibilities for a 16 legacy. Steve Cohen stated the Foundation has told him not to let expectations get too 17 high, but it is interested in getting together with other community organizations to help 18 with the 50th anniversary celebration. Steve Cohen asked that Council officially 19 designate Mayor Jablin to continue the dialogue with the McArthur Foundation. Mayor 20 Jablin requested Council’s permission for him to go forward with the discussions. All 21 Councilmembers agreed. Mayor Jablin reported Patty Anderson, Provost, Palm Beach 22 Community College (PBCC), is interested in expanding the college to the Western 23 communities and would like the support of the City. Mayor Jablin asked Public Relations 24 Director Donna Giuliana to draft a letter of support addressed to the Mayor of the Village 25 of Wellington. Mayor Jablin reported receiving a letter from the Tri-Rail Regional 26 Transportation Authority asking for letters from municipal leaders supporting its funding. 27 Councilmember Barnett asked for specific information due to budget cutbacks. 28 Councilmember Russo and Vice Mayor Levy supported the request. Mayor Jablin was 29 directed to write the letter. Mayor Jablin read from a letter by Rim Bishop and announced 30 a possible water restriction surcharge by Seacoast because of the water restrictions. Vice 31 Mayor Levy stated the water tables are 2 to 3 feet higher this year than they were at this 32 time last year. He explained if the water in the aquifer is too high there is a tendency for 33 flooding. He disagreed with the South Florida Water Management District’s position 34 stating the Eastern part of the County has plenty of water. Councilmember Russo thanked 35 Mayor Jablin for the new chairs on the dais. Discussion of a town hall meeting date 36 ensued with Wednesday, May 14, 2008, at 7:00 p.m. in Council Chambers being chosen. 37 Discussion of citizen notification methods and subject matter ensued. Public Relations 38 Director Donna Giuliana was asked to present notification methods. 39 VI. CITY MANAGER REPORT 40 City Manager Ron Ferris stated Finance Administrator Allen Owens has advised him the 41 $1.2 million Federal Emergency Management Agency (FEMA) reimbursement is now in 42 the bank. 43 44 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4 04•03•08 VII. COMMENTS FROM THE PUBLIC 1 Sharon Long, 4267 Linden Avenue, Garden Woods, Palm Beach Gardens, which borders 2 Parcel 5A, requested the City not grant concessions to Catalfumo Construction for 3 Parcels 5A and 5B that are not afforded other developers. She explained her objections to 4 Ordinance 1, 2008 and Ordinance 2, 2008, citing possible financial damage to the City’s 5 bond rating. 6 Roger Balangy, 11658 Hemlock Street, Garden Woods, Palm Beach Gardens, explained 7 his objections to the FEC railroad crossing at Kyoto Gardens Drive at Alternate A1A. 8 Paula Magnuson, 3167 Gardens East Drive, Sandalwood, Palm Beach Gardens, explained 9 her issues with subcontractors not pulling permits under the main permit during the 10 hurricanes and issues that remain at this time. 11 Susanne Archer, 3187B Gardens East Drive, Sandalwood, Palm Beach G ardens, stated 12 ongoing issues between Sandalwood owners and the City of Palm Beach Gardens 13 Building Department. 14 Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens stated she does not 15 believe the Community Aesthetics Board and Parks and Recreation are a good fit for 16 combining. Ms. Chaplik believes the Community Aesthetics Board would be a fit with 17 the Art in Public Places Advisory Board since they both deal with beautification. Ms. 18 Chaplik noted 4,657 signs being removed by Code Enforcement. She bel ieves political 19 signs are part of the issue and perhaps the City should stop political signs from being 20 installed. Ms Chaplik asked if Parcel 5A and 5B will have to be re-advertised because it 21 was postponed without a date certain. 22 Joe Ryan, 5125 South County Road 101, Minnetonka, Minnesota, stated his involvement 23 with the Gander Mountain project. He thanked the City Council, Planning and Zoning 24 and staff for their assistance with the project. Mr. Ryan invited City Council to the 25 Gander Mountain Grand Opening on Friday, April 11, 2008 at 7:40 a.m. with the ribbon 26 cutting at 7:50 a.m. Mayor Jablin thanked Mr. Ryan for Gander Mountain’s efforts to 27 work with the surrounding neighbors and work out issues. Mayor Jablin congratulated 28 Mr. Ryan for the store’s opening success. 29 Joey Eichner, President, Catalfumo Development, attending tonight’s Council meeting as 30 a member of the PGA Corridor Association. Mr. Eichner congratulated the 31 Councilmembers on their election success. Mr. Eichner cited the PGA Corridor 32 Association’s mission of preserving and promoting the PGA corridor as a premier 33 business location in Palm Beach County. He offered his support of the PBCC expansion. 34 Mr. Eichner gave the following schedule: April 22, 2008, 7:30 a.m., Palm Beach 35 Community College, the 7th Annual PGA Corridor Update; May 14, 2008, 7:30 a.m., 36 Palm Beach Community College Eissey Theater, guest speaker Hank Fishkind. 37 Anthony Tricarico, 11720 Ficus Street, Palm Beach Gardens, thanked Code Enforcement 38 Operations Director David Reyes for his assistance in resolving his land issue and then 39 explained his issue with Code Enforcement over his mildew-stained roof. He also 40 requested Council to revisit the Code for commercial vehicles parked in residential 41 neighborhoods. Discussion ensued between Mayor Jablin and Mr. Tricarico. 42 43 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 5 04•03•08 VIII. CONSENT AGENDA 1 Motion 2 Vice Mayor Levy made a motion to approve the Consent Agenda. Councilmember 3 Barnett seconded. Motion carried unanimously, 5–0. Therefore, the following items were 4 approved on the Consent Agenda: 5 a. Proclamation – Drowning Prevention Month. 6 b. Proclamation – Call 811 before you dig month. 7 c. Proclamation – Fair Housing Month. 8 IX. PUBLIC HEARINGS 9 Part I – Quasi-judicial 10 Mayor Jablin announced the procedures that would be followed in tonight’s quasi-11 judicial proceedings. The City Clerk swore in all those intending to offer testimony in 12 any of tonight’s public hearings. The City Clerk read Ordinance 5, 2008 by title. Mayor 13 Jablin declared the public hearing open and requested ex parte communications. 14 Councilmember Premuroso and Mayor Jablin declared a meeting with Donaldson 15 Hearing, Cotleur & Hearing; Melanie Borkowski, Palm Beach County and Ian Nestler, 16 Pierce, Goodwin, Alexander & Linville (PGAL). 17 a. Ordinance 1, 2008 Establishment of the Parcel 5A Community Development District 18 (removed under Additions, Deletions, Modifications). 19 b. Ordinance 2, 2008 Establishment of the Parcel 5B Community Development District 20 (removed under Additions, Deletions, Modifications). 21 c. Ordinance 5, 2008 – (1st reading) North County Government Center Planned 22 Community Development Amendment. An Ordinance of the City Council of the City of 23 Palm Beach Gardens, Florida relating to the rezoning of the North County Government 24 Center Planned Community development (PCD) located at the Southwest corner of PGA 25 Boulevard and Campus Drive; Amending Ordinance 18, 1995 and Ordinance 54, 1997 to 26 transfer and amend the master site plan approval and related conditions to a separate 27 Resolution; rezoming the 6.99-acre Department of Motor Vehicles parcel from PCD to 28 Planned Development Area (PDA) with a underlying zoning designation of Public or 29 Institutional (P/I); and providing an effective date. [Resolution 26, 2008 is a companion 30 item to Ordinance 5, 2008 and will require Council action only at second reading.] 31 Resolution 26, 2008 – Adoption of the North County Government master site plan. A 32 Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the 33 North County Government Center Planned Community Development (PCD), located at 34 the Southwest corner of PGA Boulevard and Campus Drive, to reconfigure certain 35 parcels, provide the required linkage roads throughout the parcels, relocate the 36 Environmental Preserve to the West side of the North-South Linkage road, eliminate the 37 6.99-acre Department of Motor Vehicles parcel from the limits of the PCD, as more 38 particularly described herein; providing waivers; providing conditions of approval; and 39 providing an effective date. [Resolution 27, 2008 is a companion item to Ordinance 5, 40 2008 and will require Council action only at second reading.] 41 Resolution 27, 2008 – North County Regional Library Site Plan Amendment. A 42 Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the 43 site plan for the North County Regional Library, located on the Northwest corner of 44 Campus Drive and Fairchild Avenue, to allow a 14,612-square-foot addition to the 45 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 6 04•03•08 existing 24,920-square-foot facility; providing waivers; providing conditions of approval; 1 and providing an effective date. 2 Donaldson Hearing, Cotleur & Hearing, appearing on behalf of Palm Beach County, 3 explained the PCD amendment and site plan modification approvals being requested. Mr. 4 Hearing introduced Melanie Borkowski and Eric McClellan, Palm Beach County; Fred 5 Roth, Michael B. Schorah & Associates, architects Konrad Kwok and Ian Nestler, PGAL; 6 and Anna Cotrell, planning staff. Mr. Hearing described the site location, existing 7 improvements, proposed linkage roads and request for removal of the existing Division 8 of Motor Vehicles from the PCD. Mr. Hearing described the existing library and the 9 proposed expansion. He then described the existing roofline of the library and asked 10 Council’s direction on whether the new addition should have a flat roof or mansard roof. 11 Mr. Hearing cited the waivers being requested: 1) parking, the proposed expansion 12 provides for more parking than code requires; 2) sidewalk within the requirements of 13 other PCDs, and 3) requirement to have a boundary plat prior to the first building permit, 14 request is to have the boundary plat recorded prior to the Certificate of Occupancy (CO) 15 so the project can commence sooner. The Planning, Zoning and Appeals Board 16 unanimously supported the request. Mr. Hearing extended his thanks to Allyson 17 Maiwurm and staff for their help and cooperation. 18 Councilmember Levy asked if the environmental survey of the property has been done, 19 citing this is a prime area for gopher tortoises. Mr. Hearing replied he is not sure of the 20 phase of the survey, but he is sure the bugs and bunnies portion has been completed. He 21 stated provisions are in place to provide a better habitat for the gopher tortoises. 22 Councilmember Barnett asked if there is a proposal for Parcel 4. Mr. Hearing stated he is 23 not aware of any plans. Councilmember Barnett suggested this is a natural area for a 24 transportation hub. Councilmember Premuroso stated the flat roof in the back has a 25 painted border. He asked if the addition will be the same size. Mr. Hearing stated the 26 colored line is carried through the architecture. Allyson Maiwurm, Project Coordinator, 27 requested direction regarding the library addition roofline. She stated a mansard or 28 pitched roof would look better aesthetically than a flat roof. 29 Mayor Jablin opened the public hearing requesting anyone wishing to speak for or 30 against Ordinance 5, 2008 come forward. 31 John Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, asked since we are in a time 32 of tight budgets, why millions of dollars will be spent on a one-block road. He suggested 33 a heightened level of scrutiny. Growth Management Administrator Kara Irwin stated the 34 applicant is proposing to expand the library, not build the road. The land will be 35 dedicated for possible future use. 36 With no further public comments, Mayor Jablin closed the public hearing and brought 37 Ordinance 5, 2008 back up to Council for discussion. 38 Vice Mayor Levy agreed with the waivers and chose the mansard roof. Councilmembers 39 Barnett and Russo also chose the mansard roof. Councilmember Premuroso stated his 40 preference for a flat roof. Mayor Jablin stated the majority of Councilmembers prefer the 41 mansard roof. 42 Motion 43 Vice Mayor Levy made a motion for approval of Ordinance 5, 2008 for adoption on first 44 reading. Councilmember Barnett seconded. Motion carried unanimously, 5-0. 45 The City Clerk read Ordinance 9, 2008 by title. 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 7 04•03•08 d. Ordinance 9, 2008 – (1st reading) Klock property office building PUD. An Ordinance 1 of the City Council of the City of Palm Beach Gardens, Florida relating to rezoning; 2 rezoning a parcel of land consisting of 3.01 acres, located on the North side of Burns 3 Road approximately 1,340 feet East of Military Trail, as described more particularly 4 herein, from Research and Light Industrial Park (M-1) zoning district to Planned Unit 5 Development (PUD) overlay with an underlying zoning district of Research and Light 6 Industrial (M-1) zoning district to be known as the Klock Property Office Building PUD; 7 providing revisions to the zoning district map; and providing an effective date. 8 [Resolution 28, 2008 is a companion item to Ordinance 9, 2008 and will require 9 council action only at second reading.] 10 Resolution 28, 2008 – Klock property office building PUD. A Resolution of the City 11 Council of the City of Palm Beach Gardens, Florida approving the Klock property office 12 building Planned Unit Development (PUD) to allow the development of one building 13 consisting of 48,000 square feet of professional office use on a 3.01-acre parcel, as 14 described more particularly herein; providing waivers; providing conditions of approval; 15 and providing an effective date. 16 Mayor Jablin declared the public hearing open and requested ex parte communications. 17 Vice Mayor Levy stated he spoke by phone today to Roberto Balbis to discuss 18 environmental issues on the property. Mayor Jablin spoke to the applicant via his 19 representative, Donaldson Hearing. 20 Brian Cheguis, Senior Planner, Cotleur & Hearing, appeared on behalf of Peter Cowie 21 and Bob McIntosh, Comack Burns Road, LLC, for the rezoning of the parcel on Burns 22 Road adjacent to the City Hall property. A 48,000-square-foot professional office 23 building is proposed. Mr. Cheguis described the property location, present zoning, 24 landscaping, and parking. He explained the building was originally designed in a modern 25 style, but has been reworked to incorporate the building style of the surrounding area 26 including a tile roof. The three waivers requested include: 1) a reduction in the 27 foundation planting around the building; 2) tree spacing for a landscape buffer; 3) 28 permitted signage with a request for a monument sign without th e required 300 feet. Mr. 29 Cheguis requested to defer a parking agreement until second reading so they can work 30 with staff. 31 Mayor Jablin asked for questions of the petitioner, with none forthcoming. Mayor Jablin 32 asked for questions from staff. Growth Management Administrator Kara Irwin stated 33 there were four requested waivers, which she proceeded to review. Ms. Irwin first 34 addressed signage. A monument sign requires 300 feet of frontage, the petitioner has 260 35 feet. No wall signage is requested at this time. Should they want wall signage in the 36 future they will have to do a master signage program. The next waiver addressed is 37 foundation planting. The petitioner was asked to rework some of the planned 38 landscaping, which caused the loss of foundation planting. The petitioner is over the 39 requirements for open space and the number of plants they are required to plant. An 40 existing structure prevents the petitioner from planting one required tree. The fourth 41 waiver is based on development standards, which require 20 acres to develop in the M-1 42 zoning district. The Klock site requires a waiver because it is a 3-acre parcel. Staff is 43 supporting the request because the site can support their proposed use. The setbacks 44 exceed requirements. Growth Management Administrator Irwin stated her support for the 45 waivers. The condition of approval being proposed is prior to the issuance of their first 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 8 04•03•08 building permit for this site and requires a cross-parking permit with the City be signed to 1 allow users of the adjacent City recreational field to park on the subject site during off-2 work hours and weekends at no cost to the City. The agreement is similar to that of 3 Banyan Tree Phase III where the Quarterdeck Restaurant, bank and office building are 4 located adjacent to Lake Catherine recreational facilities. The condition was in their 5 development order and they did meet the requirement. Ms. Irwin believes the applicant’s 6 concerns can be addressed through the agreement. She recommends this condition of 7 approval for the project in the Resolution. Ms. Irwin recommended approval for 8 Ordinance 9, 2008 on first reading and its companion item. 9 Mayor Jablin thanked Growth Management Administrator Irwin and asked for questions 10 from Council. Councilmember Premuroso asked for the site location with a similar 11 waiver going from 20 acres to 3 acres. Ms. Irwin cited the Belcan Building on Burns 12 Road. Councilmember Premuroso asked if a gated crossing were possible between the 13 Klock site and the City playing fields. Ms. Irwin stated a gate, or somethi ng similar, can 14 be addressed in the agreement. Vice Mayor Levy cited environmental concerns including 15 heavy metal contamination on a portion of the site. The consultant is recommending 16 removal of the contaminated soil prior to the development of the property. Vice Mayor 17 Levy believes this is a critical issue because leaching may occur if a retention pond is 18 built over the contaminated area. He requested a condition of approval stating the work 19 be completed prior to construction of the dry retention pond. Vice Mayor Levy also 20 requested the soil under the concrete pad be tested and removed wherever contamination 21 exists. Councilmember Russo stated the serious nature of this information and Mayor 22 Jablin agreed. Brian Cheguis stated the petitioner will agree to the conditions requiring 23 removal of contaminated soil. Mayor Jablin stated his belief that the cross-parking is very 24 important. 25 Mayor Jablin opened the public hearing requesting anyone wishing to speak for or 26 against Ordinance 9, 2008 come forward. With no public comments, Mayor Jablin closed 27 the public hearing and brought Ordinance 9, 2008 back up to Council for discussion. 28 Motion 29 Vice Mayor Levy made a motion for approval of Ordinance 9, 2008 on first reading. 30 Councilmember Russo seconded. Motion carried unanimously, 5-0. 31 Part II – Non-Quasi-judicial 32 The City Clerk read Ordinance 7, 2008 by title. 33 a. Ordinance 7, 2008 – (1st reading) Comprehensive Plan Text Amendment. An 34 Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the 35 Future Land Use Element of the Comprehensive Plan of the City of Palm Beach Gardens 36 to add Residential Very Low (RVL) as an additional Rural Residential Land Use 37 subcategory for properties located West of the City’s urban growth boundary within 38 newly-annexed areas fronting along Northlake Boulevard; providing for codification; and 39 providing an effective date. 40 Mayor Jablin declared the public hearing open. 41 Dodi Glas, Gentile, Holloway, O’Mahoney & Associates, representing the petitioner, 42 introduced Marty Minor, Urban Design Studio, and Marty Perry along with the developer 43 and team members. City Attorney Christine Tatum requested the Text Amendment 44 (Ordinance 7, 2008) be addressed before the Land Use Ordinance (Ordinance 8, 2008). 45 Ms. Glas stated she prepared one consolidated presentation for both Ordinances. City 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 9 04•03•08 Attorney Tatum stated the Ordinances had to be voted on separately and she felt it 1 important they be presented separately. Ms. Glass agreed. She stated the property on 2 Northlake Boulevard is outside of the urban service boundary and the proposed text 3 language has been composed to limit the applicability of the land use change in the area. 4 The two items are: 1) the Future Land Use Amendment for the 69-acre site and 2) the 5 Text Amendment limiting the language and applicability of the RVL designation. Ms. 6 Glas described the location of the property and other parties involved including Palm 7 Beach County and West Palm Beach. The application was submitted to Palm Beach 8 Gardens. The Western Corridor Study looked at the area collectively with the other 9 jurisdictions. In 1998 public hearings were held and a document put together. The 10 language is referenced in the Palm Beach Gardens Comprehensive Plan in terms of 11 policy in the Western corridor area. Specifically, the document states the land uses out 12 West be consistent with the 1993 Palm Beach Gardens Vision Plan. In 1996 the Western 13 area was designated RVL at one dwelling unit per acre. Ms. Glas described later 14 documentation and stated the property was not considered urban sprawl. A Local 15 Planning Agency (LPA) hearing took place with a recommendation of approval. The 16 items were transmitted to the Department of Community Affairs (DCA) where no 17 objections, comments or recommendations to policy direction were made. When it came 18 back the annexation occurred. Also discussed during this time was Mecca Farms, the 19 Scripps location and Exploration Point. Later discussions indicated Level of Service 20 (LOS) should be looked at, updated and then wait until further direction on the Western 21 area was received because of discussion in the County. The LOS continued to be updated 22 and the Adoption Hearing took place in 2006. Discussion ensued. A letter was received 23 from the PGA Property Owners Association stating their agreement with one dwelling 24 unit per acre–single-residence, within the property. The School Concurrency letter is up 25 to date. Ms. Glas reiterated the Land Use Plan Amendment and the Text Amendment 26 were composed with the City’s Comprehensive Plan, Vision Plan, Northlake C orridor 27 Direction of Policy and the established development of that corridor. Ms. Glas cited other 28 developments in the area. Other supporting documentation was cited as well as the 29 applicant’s wishes to go forward. Ms. Glas offered to answer questions, with none 30 forthcoming. Marty Perry made additional comments and offered additional information 31 on pending surrounding land use with the County. 32 Mayor Jablin asked for staff’s presentation. 33 Senior Planner Richard Marrero stated his presentations address Ordinance 7, 2008 and 34 Ordinance 8, 2008 individually. Senior Planner Marrero stated there have been no 35 comments from Palm Beach County DCA to date. He cited the specific text changes 36 stating RVL is not available at this time, but is in the Comprehensive Plan. A map was 37 presented. Senior Planner Marrero explained the characteristics of RVL Future Land Use 38 and the need for the densities to be consistent with the rural densities and intensities and 39 shall receive the LOS for rural areas. The applicant did revise their LOS analysis in 2007. 40 Senior Planner Marrero cited “The overall densities of the PUDs in the area shall not 41 exceed the maximum density permitted under the Land Use category.” This Text 42 Amendment will establish the one dwelling unit per acre for RVL. For the Map 43 Amendment to move forward the density for the urban growth boundary will have to be 44 decided. Senior Planner Marrero cited “The site design shall be sensitive to natural 45 resources and environmental characteristics of the property.” He stated the environmental 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 10 04•03•08 sensitivity of the Western areas and the intention to preserve them. Staff recommended 1 approval of Ordinance 7, 2008 based on the City’s Vision Plan and the Western 2 Northlake Corridor Land Use Study, which are not up-to-date studies. Also cited is the 3 consistency with low-intensity development West of the urban growth boundary. 4 Mayor Jablin opened the public hearing requesting anyone wishing to speak for or 5 against Ordinance 7, 2008 come forward. 6 Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, stated she was upset 7 because the Ordinance number had been changed from Ordinance 27, 2007. A great deal 8 of information was recorded for the public record at that time. She noted the president of 9 the PGA National POA wrote a letter of approval, but had disapproved earlier. Ms. 10 Chaplik cited her concern for density, agriculture and urban sprawl. 11 John Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, stated all Councilmembers 12 ran opposing Western development. Council has fought Western development. He cited 13 concern for setting a precedent and for water shortages based on overpopulation. 14 Joan Elias, 1009 Diamond Head Way, Palm Beach Gardens, stated her memory of 15 Ordinance 27, 2007 and the opposition to western suburban development. She too cited 16 the president of the PGA National POA’s objection. Ms. Elias recommended against 17 “opening the door.” 18 With no further public comments, Mayor Jablin closed the public hearing and brought 19 Ordinance 7, 2008 back up to Council for discussion. Councilmember Barnett cited The 20 Acreage as classic sprawl and her wish not to bring the problem into Palm Beach 21 Gardens. She also discussed zoning and the current RR10 designation. Councilmember 22 Barnett stated she could not support the Ordinance. Councilmember Levy stated the 23 Vision Plan was a good document, but is 12 years old now and the vision of the City is 24 changing. He does not believe the density if envisioned any longer. He too cited the 25 problems of The Acreage and stated this proposal would add to an existing problem and 26 does not support the RVL designation. Councilmember Levy encouraged a commercial 27 proposal. Councilmember Levy stated he could not support the Ordinance. 28 Councilmember Russo stated his opposition to the proposal from the beginning. 29 Councilmember Russo stated he cannot support the Ordinance. Councilmember 30 Premuroso agreed with Vice Mayor Levy’s commercial comments. Councilmember 31 Premuroso stated he could not support the Ordinance. Mayor Jablin cited traffic issues 32 and stated he could not support the Ordinance. 33 Motion 34 Vice Mayor Levy made a motion to deny Ordinance 7, 2008. Councilmember Barnett 35 seconded. Motion to deny passed unanimously, 5-0. 36 Mayor Jablin deferred to City Attorney Tatum about proceeding on Ordinance 8, 2008. 37 City Attorney Tatum asked the applicant if he would like to proceed with a vote on 38 Ordinance 8, 2008. She received an affirmative reply. 39 The City Clerk read Ordinance 8, 2008 by title. 40 b. Ordinance 8, 2008 – (1st reading) Large-Scale Land-Use Amendment for a 61.9 Acre 41 Parcel off of Northlake Blvd. An ordinance of the city Council of the City of Palm Beach 42 Gardens, Florida amending the Future Land Use Map of the Comprehensive Plan of the 43 City of Palm Beach Gardens relating to certain property consisting of approximately 61.9 44 acres, generally located on the North side of Northlake Boulevard approximately one-half 45 (0.5) mile West of the intersection of Northlake Boulevard and Coconut Boulevard to 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 11 04•03•08 change the land-use designation from Palm Beach County Rural Residential 20 (RR20) to 1 City of Palm Beach Gardens Residential Very Low (RVL); and providing and effective 2 date. 3 Mayor Jablin declared the public hearing open and asked if the petitioner would like to 4 give a presentation. 5 Dodi Glas, Gentile, Holloway, O’Mahoney & Associates, representing the petitioner, 6 showed a Land Use map. She stated DCA has not found the proposal to be land-use 7 sprawl and they are consistent with other sites. There was follow-up after Bob Hodgkins 8 was here. The letter was issued after their last appearance at Council and after Mr. 9 Hodgkins’ objection. Ms. Glas explained the RVL density was designed to allow 10 clustering and environmental preservation. Marty Perry stated the Vision Plan has not 11 been changed in 12 years so it is still the Vision Plan. 12 Mayor Jablin asked if Council had questions, with none forthcoming. Mayor Jablin asked 13 for staff’s presentation. 14 Growth Management Administrator Kara Irwin addressed Mr. Perry’s comments on the 15 Vision Plan stating the vision for the Western land was Rural Residential (RR) 10 and 16 RR20. Mayor Jablin commended her point. Senior Planner Richard Marrero addressed 17 the applicant-initiated request for a large-scale land-use map amendment to change the 18 current county land-use designation of the 61.9-acre parcel from RR20 to the Palm Beach 19 Gardens land-use designation of RVL. If the petition were to come today, staff’s 20 recommendation would not be for approval. The Land Use Amendment was contingent 21 upon the Text Amendment, which failed. Staff cannot recommend approval for the Land 22 Use Amendment (Ordinance 8, 2008) without the Text Amendment (Ordinance 7, 2008). 23 Mayor Jablin asked Council for questions, with no reply. 24 Mayor Jablin opened the public hearing requesting anyone wishing to speak for or 25 against Ordinance 8, 2008 come forward. 26 Joan Elias, 1009 Diamond Head Way, Palm Beach Gardens, stated she received over 27 1,000 signatures from PGA National residents against any further development in the 28 Western area. 29 Mayor Jablin closed the public hearing brought Ordinance 8, 2008 back up to Council for 30 discussion. 31 Motion 32 Councilmember Russo made a motion to deny Ordinance 8, 2008. Vice Mayor Levy 33 seconded. Motion to deny passed unanimously, 5-0. 34 X. RESOLUTIONS 35 a. Resolution 1, 2008 – Purchase of a Storage Area Network. A Resolution of the City 36 Council of the City of Palm Beach Gardens, Florida approving the purchase of a 37 Compellent Storage Area Network for use in the Police Department via Invitation To Bid 38 #208-003; and providing an effective date. 39 Network Manager Chuck Miserendino stated the need for the Police Department’s 40 requirement for additional storage space and expandability. Present cost of maintenance 41 and replacement is $32,000 per year. With the Storage Area Network (SAN) costs would 42 be reduced to approximately $16,000 per year. It will take approximately 5 years to 43 realize a return on investment. The benefits were explained. Staff recommends approval. 44 Councilmember Barnett asked if the system will outlast the 5 years it will take to recoup 45 the cost. Network Manager Miserendino stated it would. 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 12 04•03•08 Motion 1 Vice Mayor Levy made a motion to approve Resolution 1, 2008. Councilmember Barnett 2 seconded. Motion approved unanimously, 5-0. 3 Mayor Jablin introduced Resolution 20, 2008. Councilmember Russo stated he would 4 abstain from the vote because Sabatello Enterprises is a client of his firm. Mayor Russo 5 left the dais at 9:51 p.m.. 6 b. Resolution 20, 2008 – Concurrent Processing for Northlake Boulevard Shell Station. 7 A Resolution of the City Council of the City of Palm Beach Gardens, Florida allowing 8 the concurrent processing of an annexation, Comprehensive Plan Amendment, rezoning, 9 and Planned Unit Development (PUD) with a minor conditional use for the 0.71-acre 10 parcel located at the Southwest corner of the intersection of Northlake Boulevard and 11 Military Trail; approving a concurrent processing agreement; and providing an effective 12 date. 13 Growth Management Administrator Kara Irwin explained the issues involved in the 14 concurrent processing. Mayor Jablin confirmed the applicants understands. 15 Motion 16 Vice Mayor Levy made a motion to approve Resolution 20, 2008. Councilmember 17 Barnett seconded. Motion approved unanimously, 4-0. 18 XI. ORDINANCES (For Consideration on First Reading) 19 None. 20 XII. ITEMS FOR COUNCIL ACTION/DISCUSSION 21 None. 22 XIII. CITY ATTORNEY REPORT 23 None. 24 25 (The remainder of this page intentionally left blank.) 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 13 04•03•08 XIV. ADJOURNAMENT 1 There being no further business to come before the Council, Councilmember Russo made 2 a motion to adjourn. Vice Mayor Levy seconded. Motion carried unanimously, 4-0. The 3 meeting was adjourned at 7:53 p.m. The next regularly scheduled City Council meeting 4 will be held April 17, 2008 5 6 APPROVED: 7 8 9 Eric Jablin, Mayor 10 11 12 13 David Levy, Vice Chair 14 15 16 17 Joseph R. Russo, Councilmember 18 19 20 21 Jody Barnett, Councilmember 22 23 24 25 Robert G. Premuroso, Councilmember 26 27 28 29 30 ATTEST: 31 32 33 34 Patricia Snider, CMC 35 City Clerk 36 37 38 Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim 39 transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk. 40 All referenced attachments are on file in the Office of the City Clerk. 41 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1 04•17•08 CITY OF PALM BEACH GARDENS 1 CITY COUNCIL 2 REGULAR MEETING 3 April 17, 2008 4 5 The April 17, 2008 Regular Meeting of the City Council of the City of Palm Beach 6 Gardens, Florida, was called to order at 7:02 p.m. in the Council Chambers of the 7 Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, 8 by Mayor Eric Jablin. 9 I. PLEDGE OF ALLEGIANCE 10 II. ROLL CALL 11 The City Clerk called the roll and the following elected officials were found to be in 12 attendance: Mayor Eric Jablin, Vice Mayor David Levy, Councilmember Joseph Russo, 13 Councilmember Jody Barnett and Councilmember Robert Premuroso. 14 At Chief of Police Stephen Stepp’s request, Mayor Jablin requested a moment of silence 15 be observed for Police Dispatcher Lisa Peralta, who is in the end stages of cancer. 16 III. ADDITIONS, DELETIONS, MODIFICATIONS 17 Additions 18 None. 19 Deletions 20 Resolution 22, 2008 – Development Order Amendment for Donald Ross Village Planned 21 Unit Development (PUD). The Agent for Donald Ross Village PUD submitted a letter 22 requesting a continuance of Resolution 22, 2008 to date certain of May 15, 2008 on the 23 City Council agenda. 24 Modifications – Part I, Quasi-judicial 25 Resolution 32, 2008 – BallenIsles Country Club renovations. Reorder the agenda for 26 Resolution 32, 2008 to be the first item (a.) under Part I – Quasi-judicial Hearings. 27 Motion 28 Vice Mayor Levy made a motion for approval of the Additions, Deletions and 29 Modifications as read into the record by the Mayor. Councilmember Barnett seconded. 30 The motion carried unanimously, 5-0. 31 IV. ANNOUNCEMENTS AND PRESENTATIONS 32 a. Tree City Award. City Forester Mark Hendrickson announced the Arbor Day award 33 for the City as Tree City USA for 20 years and provided a brief history of the award, 34 which he presented to Mayor Jablin. 35 b. Government Finance Officers Association (GFOA) Award. Finance Administrator 36 Allan Owens announced the 2007-2008 Distinguished Budget Award. He introduced 37 Assistant Finance Director Cheryl Summers, Town of Palm Beach, representing the Palm 38 Beach County Chapter of the GFOA, to present the award to the City. Assistant Finance 39 Director Summers presented the Distinguished Budget Award to Mayor Jablin for the 40 City of Palm Beach Gardens. The Distinguished Budget Award Program has been in 41 operation since 1984. Assistant Finance Director Summers gave a brief history of the 42 award and the work it represents. This is the eleventh year the City has received the 43 award. Finance Administrator Allan Owens thanked the staff involved in assisting in the 44 budget preparation. 45 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 04•17•08 c. Palm Beach Post Officer of the Year Award. Major Robert Artola presented the 2007 1 Distinguished Law Officer of the Year Award for Crime Prevention in Palm Beach 2 County to Officer Bethany Rigney. Major Artola explained the selection criteria and gave 3 a brief history of Officer Rigney’s background, training and experience and her work 4 with at-risk teenagers. 5 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE 6 REPORTS 7 Councilmember Jody Barnett announced the April 16, 2008 opening of City Park. She 8 explained the location and amenities. 9 Vice Mayor David Levy stated he is an alumnus of Virginia Tech, which recently 10 observed the first anniversary of the campus massacre. In conjunction with the Virginia 11 Tech anniversary, Vice Mayor Levy attended a meeting at Palm Beach Community 12 College where they are trying to prevent such an event from ever happening and are 13 working with the Police Department. Vice Mayor Levy requested a moment of silence be 14 observed for those who lost their lives at Virginia Tech. Vice Mayor Levy announced 15 April 22, 2008 as Earth Day and encouraged everyone to perform one act to help the 16 environment. 17 Councilmember Russo encouraged letters be sent to government staff, including the 18 Governor’s Chief of Staff Eric Eichenberg, notifying them of the City’s receipt of the 19 $1.2 million in hurricane reimbursement. 20 Councilmember Premuroso stated his involvement with City Park’s planning from the 21 beginning and how enjoyable the grand opening was. Councilmember Premuroso also 22 noted his attendance at the Gander Mountain grand opening. 23 Mayor Jablin announced the Budget Workshops on Thursday, May 1, 2008 and 24 Thursday, May 15, 2008. Both meetings begin at 6:00 p.m. Mayor Jablin stated the 25 Gander Mountain opening was a tremendous success. He stated the Sunday, April 13, 26 2008 concert was the last of this season’s annual series supported by Frenchman’s Creek. 27 Frenchman’s Creek has provided funding for next year’s concerts. 28 VI. CITY MANAGER REPORT 29 City Manager Ron Ferris introduced Growth Management Administrator Kara Irwin who 30 provided an update on the Callery-Judge Grove property. In coordination with Royal 31 Palm Beach and West Palm Beach, a letter has been sent to the County Planning and 32 Zoning Commission stating the objections to the Callery-Judge Grove project. The three 33 objections were: 1) traffic, 2) roadway improvements and 3) lack of a Master Plan. The 34 project will go before the Board of County Commissioners (BCC) on April 28, 2008. 35 Royal Palm Beach, West Palm Beach and Palm Beach Gardens will each do an 36 individual letter stating their objections to the project and requesting the County to 37 reconsider its approval of the Text Amendment allowing Callery-Judge Grove to waive 38 the requirement to meet Level of Service (LOS) standards and requesting an exemption 39 from the County’s Comprehensive Plan. Mayor Jablin stated the City, along with Royal 40 Palm Beach and West Palm Beach will continue to fight the Western expansion of the 41 Callery-Judge Grove project. 42 VII. COMMENTS FROM THE PUBLIC 43 Mayor Jablin invited public comments from residents. 44 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3 04•17•08 Roger Blangy, 11658 Hemlock Street, Garden Woods, Palm Beach Gardens, explained 1 his objections to the FEC railroad crossing at Kyoto Gardens Drive at Alternate A1A and 2 his suggestions for an improved crossing. 3 Joel Channing, 5520 PGA Boulevard, Palm Beach Gardens, representing the PGA 4 Corridor Association Board of Directors, stated an update of the Annual Economic 5 Forecast will take place on May 14, 2008 at Palm Beach Community College. Hank 6 Fishkind will attend. 7 Eileen Tucker, Shady Lakes, Palm Beach Gardens, requested that no contracts be 8 approved prior to the City’s May 1, 2008 and May 15, 2008 Budget Workshops and the 9 Saturday, April 26, 2008 meeting of the Palm Beach Gardens Residents Coalition. 10 Tory Buckley, 4454 Daffodil Circle South, Palm Beach Gardens, announced the 11 Saturday, May 17, 2008 Give a Smile to a Child Foundation 1st Annual Golf Classic at 12 Palm Beach Gardens Municipal Golf Course. Proceeds will support the Foundation as 13 well as help with the building of Phase II of the Amanda Buckley Field of Dreams 14 softball stadium. 15 VIII. CONSENT AGENDA 16 None. 17 IX. PUBLIC HEARINGS 18 Part I – Quasi-judicial 19 Mayor Jablin announced the procedures that would be followed in tonight’s quasi-20 judicial proceedings. The City Clerk swore in all those intending to offer testimony in 21 any of tonight’s public hearings. The City Clerk read Resolution 32, 2008 by title. 22 Councilmember Russo stated he is a member of the BallenIsles Country Club, petitioner, 23 and will abstain from voting and stepped down from the dais. 24 a. Resolution 32, 2008 BallenIsles Country Club renovations. A Resolution of the City 25 Council of the City of Palm Beach Gardens, Florida approving renovations to the East 26 Golf Course of the BallenIsles Country Club Planned Communit y District; providing 27 conditions of approval; and providing an effective date. 28 Mayor Jablin opened the public hearing and requested ex parte communication. 29 Councilmember Barnett declared a meeting with Club members, Club manager and 30 residents. Landscape issues were discussed. She received a letter from Sally Benson on 31 the matter. 32 Vice Mayor David Levy declared he lives on Holly Drive, which is one of the 33 neighborhoods affected. He does live across the street from the golf course and is not 34 directly affected. He attended two meetings at Lou Dirschinger’s house. The first meeting 35 included approximately 20 neighbors and, from BallenIsles, Donaldson Hearing, Mike 36 Hatfield and Dan McCoy. A second meeting was held at the same location where 37 approximately 10 neighbors attended, including Mike Vogel and, from BallenIsles, 38 Donaldson Hearing, Mike Hatfield, Dan McCoy. 39 Councilmember Premuroso declared a meeting with Fred Corotto, Dan McCoy, Mike 40 Vogel, Bob Caplan and landscape architect Buzz Jaskela. 41 Mayor Jablin declared a meeting with residents and others, including Donaldson Hearing, 42 at BallenIsles Country Club. 43 Mayor Jablin invited the petitioner to give his presentation. 44 45 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4 04•17•08 Donaldson Hearing, Cotleur & Hearing, on behalf of BallenIsles Country Club, opened 1 the presentation stating the BallenIsles Country Club looks out at the 18th green and has 2 a rich history. The Club has three golf courses. The East course is the oldest, designed in 3 the 1950’s, and is the one being considered. This is the first major renovation since 1989. 4 Landscape architect Keith Foster was retained by BallenIsles Country Club for the $9 5 million renovation. Mr. Hearing stated the positive effects on property values, meetings 6 with local residents were held and plan changes based on these meetings were described. 7 The golf course is designed to flood, thereby helping to protect surrounding areas. 8 Improved drainage has been designed. Mr. Hearing stated approval tonight is critical to 9 avoid delays that will jeopardize the project’s sequencing, increase project cost and could 10 affect the critical growing period for the grass. The reason for tonight’s meeting is the 11 1989 Planned Community District (PCD) had a specific condition stating, “The petitioner 12 shall not construct any perimeter security that would affect the quality and character of 13 the existing views of the golf course, lakes and canals from the adjacent property owners 14 not within the PCD, which would include the construction of fences, walls, hedges, etc.” 15 Mr. Hearing assured Council the petitioner is not proposing any such barriers. Mr. 16 Hearing gave a detailed description of the most sensitive golf course areas and some of 17 the landscaping green initiatives. He reassured Council the landscaping is consistent and 18 not meant to close off any of the neighboring properties. 19 Landscape architect Keith Foster stated his experience working on golf course 20 renovations and described the planned work for the BallenIsles Country Club East course 21 renovation. 22 Donaldson Hearing stated he has 300 letters in support of Resolution 32, 2008 and 23 offered to answer questions. 24 Mayor Jablin inquired if Council had any questions for the petitioner. 25 Vice Mayor Levy asked if the resident on golf course test hole 3 is satisfied with the 26 work done. Beverly Vogel came forward to answer the question. 27 Beverly Vogel, 10315 Seagrape Way, Palm Beach Gardens, stated she and her neighbors 28 are happy with the trees, but is not happy with the pine needle beds due to the color, 29 which makes it look like a demarcation line. She asked if they can be blended in better 30 with the homeowners’ property. 31 Mayor Jablin asked for staff’s presentation. 32 Growth Management Administrator Kara Irwin gave staff’s presentation and stated there 33 are eight fairways adjacent to non-BallenIsles residents and the requested changes will 34 alter the view they have had since 1989. Other area golf courses do use native plants that 35 soften the lines in a project. Staff supports approval of Resolution 32, 2008, but requests 36 the ability to do minor adjustments. 37 Mayor Jablin requested questions of staff, with none forthcoming. Mayor Jablin asked the 38 City Clerk to swear in all those preparing to give testimony. Mayor Jablin opened the 39 public hearing requesting anyone wishing to speak for or against Resolution 32, 2008 40 come forward. 41 Dave Smith, 4278 Hickory Drive, Palm Beach Gardens, stated he is a 25-year resident 42 and commended BallenIsles Country Club for returning the East golf course to world-43 class status. He attended a February meeting where the renovation plan was explained 44 and it was acceptable to him and his wife. The plan now has twice as many trees and 45 more shrubbery. Mr. Smith requested consideration of these issues. 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 5 04•17•08 Steven Kanner, 4294 Hickory Drive, Palm Beach Gardens, stated he is a 20-year resident. 1 When BallenIsles purchased the JDM Country Club, residents were assured that no 2 barrier would be erected and no views changed and present plans will obstruct his view. 3 He stated that years ago Council assured that views would be preserved and he is asking 4 Council to honor its commitments. 5 John Tiffany, 10149 Seagrape Way, Palm Beach Gardens, stated BallenIsles Country 6 Club met twice with residents to discuss their concerns and homeowners do have room to 7 add their own plantings. 8 Jay Adolph, 10690 Avenue of the PGA, Palm Beach Gardens, objected to staff’s 9 suggestion for supplemental planning. He explained his meeting today with BallenIsles 10 and felt that a lot was accomplished. He then explained the area elevation and his concern 11 for flooding problems. 12 Valerie Glennon, 11800 Avenue of the PGA, Candlewood Condominium, Unit 1, Palm 13 Beach Gardens, discussed the proposed plantings on the 17th green. She stated that 14 residents love the view and requested it not be taken from them. 15 Randi Pecan, 10700 Avenue of the PGA, Candlewood Condominium, Palm Beach 16 Gardens, stated her concern about losing the view and for the proposed landscaping, 17 including sable pines that give off a lot of pollen in the spring, elevation changes and 18 possible flooding. 19 Tom Glennon, 11800 Avenue of the PGA, Candlewood Condominium, Unit 1, Palm 20 Beach Gardens, Candlewood Condominium Homeowners Association president, stated 21 their location on the 17th green and the 18th tee. He explained the residents’ support for 22 BallenIsles’ desire for a world-class golf course and their concerns for losing the view 23 they have enjoyed for 40 years. 24 Ron Sloop, 5160 Woodland Lakes Drive, Palm Beach Gardens, stated he lives on the 25 North side of the 15th fairway. He explained his concern for the plantings on the rise and 26 stated his agreement with the City Forester and staff for supplemental plantings. He 27 stated that test hole 3 looks functional, but he sees no beauty in it and he believes they 28 can do better. 29 Mayor Jablin stated he did not have anymore comment cards, but anyone wishing to 30 speak should fill one out and bring it to the City Clerk. Mayor Jablin asked if the 31 applicant would like to say anything. 32 Keith Foster came forward and described further details of the renovation of the 33 BallenIsles East course. 34 Mayor Jablin invited anyone wishing to give testimony to come forward and submit a 35 comment card to the City Clerk. The City Clerk swore in those preparing to give 36 testimony. 37 Eva Dirschinger, 10680 Avenue of the PGA, Palm Beach Gardens, objected to the type 38 of shrubbery planned. She believes it will fill in and form a hedge. 39 Mayor Jablin asked Donaldson Hearing if a hedge is planned. Mr. Hearing stated a hedge 40 is definitely not part of the plan. 41 Mayor Jablin invited anyone wishing to give testimony to come forward and submit a 42 comment card to the City Clerk. The City Clerk swore in those preparing to give 43 testimony. 44 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 6 04•17•08 Norm Pecan, 10700 Avenue of the PGA, Palm Beach Gardens, discussed the berm and 1 his concerns for the plantings on it. Donaldson Hearing gave further explanation of the 2 trees and plantings. 3 Carol Estrada, 309 Riverside Drive, Palm Beach Gardens, asked if there are more lakes 4 being built for drainage into the C-17 canal. 5 Joe Barnardn, 10113 Seagrape Way, Palm Beach Gardens, questioned the type, number 6 and density of trees that will be planted. 7 The City Clerk swore in those preparing to give testimony. 8 Cathy Rivera, 5390 Woodland Lakes Drive, Unit 401, Palm Beach Gardens, discussed 9 the number of trees and the height of the landscaping and trees. 10 Buzz Jaskela gave an in-depth explanation of the types of plantings and the annual 11 maintenance that will take place. 12 Mayor Jablin closed the public hearing and brought Resolution 32, 2008 back up to 13 Council for discussion. 14 Councilmember Jody Barnett inquired about the lack of straw beds in the middle of the 15 golf course, stating they appear only on the exterior. 16 Buzz Jaskela explained there are pine straw beds on the interior of the course. Straw 17 bedding will be replaced annually, and all trees and shrubbery will be maintained. 18 Vice Mayor Levy questioned how many exotics were removed. Buzz Jaskela stated he 19 thought it was approximately 87 trees at a cost of approximately $100,000. 20 Buzz Jaskela stated it will be difficult to manage work on a hole-by-hole basis. 21 Mayor Jablin closed the public hearing and brought Resolution 32, 2008 back up to 22 Council for discussion. 23 City Forester Mark Hendrickson stated that more scrubs placed where they won’t 24 interfere with play would give the course more character and will be an improvement. 25 Councilmember Barnett stated she would like to see an agreement between the City 26 Forester, residents and BallenIsles with a date for commencement. 27 Vice Mayor David Levy stated he thinks that less is more and let BallenIsles and the 28 residents work this out. 29 Councilmember Robert Premuroso thought the plans looked bare when he saw them. He 30 wants to ensure that residents do not lose their views. 31 Mayor Jablin stated he believes the City should be involved because an arbiter is needed. 32 Mayor Jablin suggested field adjustments on a regular baisis. He does not want to see 33 major plantings, but some green in the straw beds looks nice. Mayor Jablin would like the 34 City Forester to represent residents and work with BallenIsles on the project. 35 Councilmember Barnett asked if Resolution 32, 2008 will be approved as it stands and 36 how staff proceeds if there is agreement to the plan. Councilmember Barnett suggested an 37 agreement signed by the City Forester before commencement. 38 Councilmember Premuroso asked Mr. Foster about the order of work. Mr. Foster 39 explained the trees have been relocated and work has begun on holes 2, 3, 12, and 13, and 40 dirt work has begun on holes 14 and 15. He is trying to maintain thin plantings. He stated 41 it will be very difficult to manage every homeowner on a hole-by-hole basis to ensure 42 they are appeased. 43 City Manager Ferris summarized: Council would like to see the landscape plan as it has 44 been presented tonight with some additional grasses, low-lying ground cover type of 45 plantings, not shrubs with height or magnitude on the residential side and not to interfere 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 7 04•17•08 with golf play. Include City Forester Mark Hendrickson per Growth Management’s 1 recommendation and include Community Services Administrator Jack Doughney, who 2 has experience in this area and can make decisions regarding necessary field adjustments 3 by following Council’s direction. 4 Vice Mayor David Levy stated he does not believe an agreement can be cast in stone 5 because field adjustments will be made. Donaldson Hearing stated his concern about 6 doing this project on a hole-by-hole basis on the fly. He stated they can work with Mark 7 Hendrickson and Jack Doughney for minor adjustments. They cannot redesign every 8 hole. They have committed to working with the residents. Councilmember Barnett stated 9 her concern about specific language in Resolution 32, 2008. City Manager Ron Ferris 10 stated staff does understand Council’s intent. He disagreed with Donaldson Hearing’s 11 statement and stated he does believe Mark Hendrickson and Jack Doughney do need to 12 be onsite to avoid a disagreement on a planting that would have to be dealt with at a later 13 date. Councilmember Barnett stated they are in agreement, but the wording needs to be 14 worked out. Mayor Jablin stated he wants the Resolution wording to be correct and 15 accurate. Mayor Jablin declared a 5-minute recess at 9:14 p.m. At 9:19 p.m. the meeting 16 resumed. Mayor Jablin stated the language to be used: Instruction to the golf course 17 renovation application of Mr. Donaldson Hearing of Cotleur & Hearing on behalf of the 18 BallenIsles Country Club to the approval of the grading, paving, irrigation, drainage and 19 landscaping modifications of the golf course more particularly described in Exhibit A and 20 so on. Field adjustments to the 8th perimeter fairways must be reviewed and approved b y 21 the Community Service Administrator to ensure the representations made at the public 22 hearing are adhered to. Additional field adjustments may be required by the Community 23 Service Administrator to ensure the representations are adhered to. Mayor Jablin charged 24 the Community Service Administrator to look at the whole project through the City’s 25 eyes of less is more. Mayor Jablin stated he would entertain a motion with the changes to 26 language in the Resolution itself with the expressed understanding that the City will 27 oversee this from our eyes and that less is more. Mayor Jablin stated Council would do its 28 level best to ensure everyone is happy. Vice Mayor Levy stated his agreement with 29 Mayor Jablin. 30 Motion 31 Vice Mayor Levy made a motion to approve Resolution 32, 2008 as amended with 32 section two and condition one. Councilmember Barnett seconded. The motion was 33 approved unanimously, 4-0. 34 Mayor Jablin thanked everyone for their patience and declared a 3-minute recess. Mayor 35 Russo rejoined the Council on the dais. 36 The City Clerk read Resolution 22, 2008 by title. 37 b. Resolution 22, 2008 – Development Order Amendment. A Resolution of the City 38 Council of the City of Palm Beach Gardens, Florida amending the Development Order 39 for Donald Ross Village Planned Unit Development (PUD), bounded by Donald Ross 40 Road to the North, Central Boulevard to the West, and Military Trail to the East, as more 41 particularly described herein, to eliminate certain conditions of approval related to the 42 provision of shared parking: providing conditions of approval; providing waivers; and 43 providing an effective date. 44 Councilmember Russo announced Palm Beach Gardens High School beat The Benjamin 45 School at lacrosse and will now go to the State competition. 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 8 04•17•08 Mayor Jablin opened the public hearing and entertained a motion to postpone Resolution 1 22, 2008 until a date certain of May 15, 2008. 2 Motion 3 Vice Mayor Levy made a motion to postpone Resolution 22, 2008 until a date certain of 4 May 15, 2008. Councilmember Russo seconded. The motion was approved unanimously, 5 5-0. 6 The City Clerk read Resolution 29, 2008 by title. 7 c. Resolution 29, 2008 – DoubleTree Hotel. A Resolution of the City Council of the 8 City of Palm Beach Gardens, Florida approving the Art in Public Places for the Northern 9 portion of the DoubleTree Hotel Planned Unit Development (PUD), as described more 10 particularly herein; providing an effective date. 11 Mayor Jablin opened the public hearing and requested ex parte communications. None 12 was declared. Mayor Jablin invited the petitioner to give his presentation. 13 Marty Minor, Urban Design Studio, provided a brief history and description of the 14 property. The artwork is by Palm Beach Gardens’ resident Mark Fuller, who has created 15 artwork throughout North America. Mark Fuller is using the same film for Triads as for 16 the butterfly and the fish at PGA Commons. Mr. Minor described Triads and stated the 17 Art in Public Places Board recommended approval by a 6-1 vote and staff recommends 18 approval as well. Councilmember Barnett questioned the placement of the art. Growth 19 Management Administrator and Art in Public Places Board staff liaison, Kara Irwin, 20 stated the art is on the building per the elevations shown. Councilmember Barnett stated 21 her objections based on the original discussion where she considered height an issue and 22 was reassured surrounding trees would cover the building. Kara Irwin explained the 23 majority of the art faces internally into the plaza but it will be visible when traveling 24 North on Military Trail. Garden Lakes townhomes has a wall. Mr. Minor explained there 25 will be standard lighting to reflect the change in color. Kara Irwin showed aerial photos 26 and a model. The mounting, using a metal plate, was described and that it is engineered 27 for 140-mile-per-hour wind. The lighting effect on the South and West elevations was 28 demonstrated. Mayor Jablin stated he likes the artwork. Councilmember Barnett stated 29 the illuminated building will overlook the one-story apartments directly across the street. 30 Vice Mayor Levy stated the fasteners cannot be anything less than 3/17 stainless steel to 31 prevent rust. 32 Motion 33 Vice Mayor Levy made a motion to adopt Resolution 29, 2008. Councilmember Russo 34 seconded with discussion. Councilmember Russo stated he likes the artwork. It comes 35 from Mr. Channing of PGA Commons, which is one of the best art demonstrations in the 36 City. Councilmember Barnett stated her objections because of the light and the fact the 37 building is larger than she thought it should have been. She cannot support it. 38 The motion was approved by a vote of, 4-1, with Councilmember Barnett dissenting. 39 Mayor Jablin inquired if Stack 45 in Legacy Place will be illuminated. Marty Minor 40 stated it will. 41 The City Clerk read Resolution 31, 2008 by title. 42 d. Resolution 31, 2008 – Gander Mountain. A Resolution of the City Council of the City 43 of Palm Beach Gardens, Florida approving an exception to Section 6-4, Code of 44 Ordinances entitled “Distance Limitations between Vendors, Churches, and Schools” and 45 approving a waiver from Section 78-285 to allow the placement of logo medallions on 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 9 04•17•08 the approved building for the Gander Mountain Planned Unit Development (PUD) on 1 13.18-acre parcel located on the West side of Sandtree Drive, immediately South of the 2 Northlake Commons/Home Depot shopping center, as described more particularl y herein; 3 providing waivers; providing conditions of approval; and providing an effective date. 4 Mayor Jablin opened the public hearing and requested ex parte communications. 5 Councilmember Barnett declared a conversation with the applicant. Vice Mayor Levy 6 and Councilmember Premuroso declared a meeting with Joe Ryan onsite where they were 7 shown the medallions and where they will be located. Councilmember Russo declared 8 none. Mayor Jablin declared a meeting with the petitioner on both issues. 9 Mayor Jablin invited the petitioner to give his presentation. 10 Donaldson Hearing, Cotleur & Hearing, representing Oppidan Investment gave a brief 11 background of the project including the request for a beer and wine license for an 12 ancillary restaurant, Tall Tales, and capstone medallions to be installed around the top of 13 the building. Mr. Hearing stated the Palm Beach Gardens opening has made it the No. 1 14 grand opening in Gander Mountain history. Mayor Jablin asked for questions from 15 Council, with none forthcoming. Mayor Jablin invited staff’s presentation. 16 Growth Management Administrator Kara Irwin stated a brief history of the project, which 17 included the request for outdoor restaurant seating, excluding outdoor music, speakers or 18 advertising. The second request is for logos on tiles. By City Code, logos are considered 19 signage. Other developments requested scored tiles with palm trees on them as decorative 20 embellishments. Ms. Irwin stated the intent is architectural in nature and not to provide 21 signage. It is consistent with other projects. Staff is recommending approval. 22 Mayor Jablin opened the public hearing requesting anyone wishing to speak for or 23 against Resolution 31, 2008 come forward. With no one wishing to speak, Mayor Jablin 24 closed the public hearing and brought Resolution 31, 2008 back up to 25 Council for discussion. 26 Motion 27 Vice Mayor David Levy made a motion to approve Resolution 31, 2008. Councilmember 28 Barnett seconded. The motion was approved unanimously, 5-0 29 Part II – Non-Quasi judicial 30 The City Clerk read Ordinance 6, 2008 by title. 31 a. Ordinance 6, 2008 (2nd reading and adoption) General Employees’ Pension Plan. An 32 Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to the 33 General Employees’ Pension Plan (DB); amending Section 3-128, Code of Ordinances 34 entitled “Board of Trustees”; providing for codification; and providing an effective date. 35 Finance Administrator Allan Owens stated Ordinance 6, 2008 changes only the Board 36 composition and there have been no changes since first reading. 37 Mayor Jablin opened the public hearing with no questions forthcoming from Council. 38 Mayor Jablin opened the public hearing requesting anyone wishing to speak for or 39 against Ordinance 6, 2008 come forward. With no one wishing to speak, Mayor Jablin 40 closed the public hearing and brought Ordinance 6, 2008 back up to Council. 41 Motion 42 Vice Mayor Levy made a motion for approval and adoption of Ordinance 6, 2008 on 2 nd 43 reading. Councilmember Barnett seconded. The motion was approved unanimously, 5 -0. 44 X. RESOLUTIONS 45 Mayor Jablin announced Resolution 30, 2008 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 10 04•17•08 Resolution 30, 2008 – Contract Award to Glasgow Equipment Services. A Resolution of 1 the City Council of the City of Palm Beach Gardens, Florida, approving a contract award 2 to Glasgow Equipment Services, Inc. for the Design/Build of a Fuel Tank Removal and 3 Replacement project (No. 2008-002); authorizing the Mayor and City Clerk to execute 4 the contract; and providing an effective date. 5 Public Works Operations Director Mike Morrow explained the background of the fuel 6 tank requirements. He stated the selection of contractor was based on the lowest and best 7 price. The contractor has agreed to complete the project within 90 calendar days, with 8 final completion at 105 days. It is designated as a capital improvements project. 9 Mayor Jablin asked for questions from Council. Vice Mayor Levy asked for both the 10 capacity of the old tank and the new tank. Mike Morrow stated both are 10,000-gallon 11 gasoline tanks. The new tank is a double-walled, interstitial, monitored, feeder systems, 12 probe, sensors, integrated fuel management, and automatic inventory system tank. Vice 13 Mayor Levy stated he is familiar with Glasgow Equipment Services, Inc., and they do 14 good work. With no further questions, Mayor Jablin asked for a motion on Resolution 30, 15 2008. 16 Motion 17 Vice Mayor Levy made a motion for approval of Resolution 30, 2008. Councilmember 18 Barnett seconded. The motion was approved unanimously, 5-0. 19 XI. ORDINANCES (For Consideration on First Reading) 20 None. 21 XII. ITEMS FOR COUNCIL ACTION/DISCUSSION 22 a. City Manager Contract 23 Mayor Jablin stated the City Manager’s contract is for 3 -years duration. The City 24 Manager must be given 12-month notice for non-renewal. Therefore, a decision must be 25 made before June 1, 2008. 26 Mayor Jablin opened the public hearing requesting anyone wishing to speak for or 27 against renewal of the City Manager’s contract come forward. 28 John Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, stated there should be some 29 criteria for objectives for performance in fairness to Ron Ferris and the Council. There 30 should be a survey of comparable size cities to determine the City Manager salary and 31 objectives. Mr. Chaplik asked why the City Manager and the City Attorney receive 32 higher than the standard 13 percent for pension contribution. Mr. Chaplik requested 33 discussion to determine length of the contract and plans for a future City Manager. Due to 34 a tight budget, perks for City employees may be eliminated and the City Manager ’s perks 35 should also be eliminated. 36 Joan Elias, 1009 Diamond Head Way, Palm Beach Gardens, stated everyone should 37 remember City Manager Ferris’ quick action removing City funds from the State Board 38 of Administration saved the City enough money to pay for Mr. Ferris’ contract many 39 times over. 40 With no further public comments, Mayor Jablin closed the public hearing and brought 41 discussion of the City Manager’s Contract back up to Council. 42 Councilmember Barnett stated as a response to residents’ requests for an evaluation 43 criteria for the City Manager position, she found the Handbook for Evaluating the City 44 Manager online. She asked Council and City Manager Ferris to review the 20-page 45 document and decide if it is something they think would be an appropriate and useful 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 11 04•17•08 tool, even if just for the record and to set precedent going forward. Councilmember 1 Barnett asked for a postponement of the City Manager Contract discussion until the next 2 City Council meeting (May 1, 2008). 3 Councilmember Robert Premuroso stated, in fairness to City Manager Ferris, there 4 should be some kind of evaluation process regardless of the length of his contract. An 5 annual review would give City Manager Ferris direction on how he is doing, including 6 where he is exemplary and suggestions for improvement. Councilmember Premuroso 7 would like to see a contract that is an annual review or a review that does not conflict 8 with the election timeframe to prevent too much turnover on the Council at one time, 9 thereby causing lack of direction. Councilmember Premuroso stated he believes City 10 Manager Ferris has done an excellent job and thanked him for all of the personal time he 11 used in attending Parks and Recreation events. 12 Mayor Jablin, stated there have been City Manager evaluations in the past, including Mr. 13 Ferris. Mayor Jablin found them difficult and cumbersome to fill out. Mayor Jablin works 14 with Mr. Ferris daily and, in effect, gives a day-to-day evaluation. He does understand if 15 Council wants to see a formal review, but finds them subjective and difficult. 16 Vice Mayor Levy stated his goal is to see Palm Beach Gardens be the best City in the 17 world and he believes we are on our way. He too does a daily objective evaluation of the 18 City. He believes we are on the cutting edge in technology. Vice Mayor Levy considers 19 the response times of the Police and Fire Departments, both of which are accredited. The 20 City won three awards tonight. Palm Beach Gardens’ police officers won two of the last 21 four Palm Beach Post Officer of the Year awards, which Vice Mayor Levy considers 22 incredible. The Recreation Department is incredible, with people traveling miles to 23 participate in Palm Beach Gardens’ sports. The parks are in great shape. Vice Mayor 24 Levy stated he can tell when crossing the lines from other municipalities into Palm Beach 25 Gardens because our City is prettier and cleaner. The City has a Graffiti Eradication 26 team. He stated these things do not happen by chance, they happen through strong 27 leadership. Palm Beach Gardens has one of the lowest tax rates in the County and 28 believes we are getting great value for the money. Vice Mayor Levy believes City 29 employee morale is very high and employees take pride in their jobs, citing the many 30 compliments he receives about employees from residents. He gave City Manager Ferris 31 credit because he follows the direction of Council. Vice Mayor Levy stated he gives City 32 Manager Ferris high marks. Vice Mayor Levy stated Palm Beach Gardens is one of the 33 most financially stable Cities in the County, having had a 5 percent rollback because of 34 the efficiency achieved. He agreed with John Chaplik that the City Manager’s 35 performance should be reviewed and stated that he is very happy with City Manager 36 Ferris’ performance. 37 Councilmember Russo stated he does not believe an evaluation has anything to do with 38 extending City Manager Ferris’ contract. Councilmember Russo stated he has never 39 worked with a better professional manager than Ron Ferris. At the beginning of his last 3- 40 year term as Mayor he cited the perception the Council was not running the City, the 41 need for improved communication with residents and the need for an improved budget 42 process. City Manager Ron Ferris achieved these objectives. The City is financially 43 stable. Councilmember Russo stated we have a City that is second to none and a City 44 Manager that is second to none. Councilmember Russo stated he is willing to do a written 45 evaluation for City Manager Ferris, but he is prepared to, and wants to, go forward with 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 12 04•17•08 the contract tonight. Mayor Jablin stated City Manager Ferris has done a phenomenal job 1 and deserves the accolades. Councilmember Barnett commented she agrees that City 2 Manager Ferris is doing an excellent job. She believes leadership is top down and she 3 would like to see direction from Council on the type of management wanted going 4 forward. She requested that everyone be open-minded about an evaluation and act upon 5 that before approving a contract extension. It may be the best justification for extending 6 City Manager Ferris’ position. Mayor Jablin summarized that Councilmember Barnett is 7 looking for goals and objectives to be given to the City Manager on a regular basis. That 8 way he will have direction on how Council wants to go about moving the City forward. 9 Mayor Jablin stated he does not believe a review process has anything to do with 10 renewing City Manager Ferris’ contract tonight. Councilmember Russo suggested a town 11 hall meeting on May 14, 2008 at which time goals and objectives for the City Manager 12 can be set for the following year. Councilmember Russo believes an evaluation process 13 should be tied to the goals and objectives. Earlier evaluations were not in writing. 14 Councilmember Russo suggested Councilmember Premuroso come up with an idea. 15 Councilmember Russo stated he does not believe an evaluation has to be based on 16 numbers. He believes each member of the Council can provide their review of City 17 Manager Ferris’ performance and present both short-term and long-term goals, thereby 18 providing goals for a future City Manager. The only complaint Councilmember 19 Premuroso has heard regarding the City Manager is money. Councilmember Premuroso 20 stated his respect for City Manager Ferris. 21 Motion 22 Councilmember Russo made a motion to inform the City Manager that we intend to not 23 notify him of termination of his contract. Councilmember Barnett seconded. The motion 24 was approved unanimously, 5-0. 25 b. Appointment of Council to External Boards 26 The following External Board assignments were made: Intergovernmental Issues, 27 Councilmember Robert Premuroso; Loxahatchee River Coordinating Council, Jody 28 Barnett; Palm Beach County League of Cities, Vice Mayor David Levy; North County 29 Intergovernmental, Mayor Eric Jablin; Northlake Boulevard Task Force, Jody Barnett; 30 Palm Beach County Metropolitan Planning Organization, Mayor Eric Jablin; Seacoast 31 Utility Authority, City Manager Ron Ferris; Bioscience Land Protection Advisory Board, 32 Councilmember Joseph Russo; Workforce Housing Subcommittee, Councilmember 33 Robert Premuroso; Palm Beach County Hazmat, Vice Mayor David Levy; Palm Beach 34 Workforce Alliance Consortium, Vice Mayor David Levy. 35 c. Appointment of Council to Internal Boards 36 Councilmember Barnett stated when she joined the City Council the internal boards did 37 not have Council Liaisons and they were functioning fine. Mayor Russo noted the critical 38 comments about Council not being involved enough. Councilmember Premuroso 39 volunteered for the Budget Oversight Committee (BOC). Other assignments will stay the 40 same. It was decided to leave the boards as they are at this time and see what comes from 41 the meeting between the Community Aesthetics Board (CAB) and the Recreation 42 Advisory Board (RAB). 43 XIII. CITY ATTORNEY REPORT 44 City Attorney Christine Tatum stated a signed agreement has been received from Wendy 45 Ross regarding the PGA Boulevard flyover art project. Within the next few weeks the 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 13 04•17•08 florets (bottom part) will be removed and refinished. The City has agreed to a minimal, 1 but regular, maintenance program. Councilmember Premuroso inquired if the spheres 2 (top part) have rust. City Attorney Tatum stated they do not. Councilmember Premuroso 3 stated it was his understanding the entire pieces were about to come down. City Attorney 4 Tatum reassured Councilmember Premuroso the artwork is structurally sound. The 5 bottom parts is just staining and discoloration. 6 7 (The remainder of this page intentionally left blank.) 8 9 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 14 04•17•08 XIV. ADJOURNAMENT 1 There being no further business to come before the Council, Vice Mayor Levy made a 2 motion to adjourn. Councilmember Russo seconded. Motion carried unanimously, 5-0. 3 The meeting was adjourned at 10:58 p.m. The next regularly scheduled City Council 4 meeting will be held May 1, 2008 5 6 APPROVED: 7 8 9 Eric Jablin, Mayor 10 11 12 13 David Levy, Vice Chair 14 15 16 17 Joseph R. Russo, Councilmember 18 19 20 21 Jody Barnett, Councilmember 22 23 24 25 Robert G. Premuroso, Councilmember 26 27 28 29 30 ATTEST: 31 32 33 34 Patricia Snider, CMC 35 City Clerk 36 37 38 Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim 39 transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk. 40 All referenced attachments are on file in the Office of the City Clerk. 41 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared:4 29,2008 Meeting Date: May 15,2008 Resolution 37,2008 SubjectlAgenda Item: Palm Beach County Law Enforcement Agencies Combined Operational Assistance and Voluntary Cooperation (Mutual Aid Agreement), permits voluntary cooperation and assistance of routine law enforcement nature across jurisdictional lines and assistant in law enforcement emergency as defined in Florida Statute section 252.34. [ XI Recommendation to APPROVE I] Recommendation to DENY Reviewed by: City Attorney 1.6 I Finance Administrator 44 Submitted by: Chief Stephen J. Stepp Appw I City Mar6ger 3riginating Dept.: >olice e@--- hdvertised : Date: Paper: [ x ] Not Required Affected parties [ ]Notified [ ] Not required - Costs:$ 0 (Total) $ Current FY Funding Source: [ ]Operating [ ]Other Budget Acct.#: Council Action: : ] Approved : IApprovedwl zonditions [ ] Denied [ ] Continued to: Attachments: Mutual Aid Agreement Date Prepared: 4 29,2008 Meeting Date: May 15,2008 Resolution 37,2008 BACKGROUND: Palm Beach County Law Enforcement Agencies Combined Operational Assistance and Voluntary Cooperation (Mutual Aid Agreement) provides for rendering of assistance of routine law enforcement across jurisdictional lines for emergency as defined in section 252.34 of the Florida Statues. This agreement is renewed periodically to update procedural changes for the mutual aid agreement. This document shall continue if full force and effect until January 31,201 3. The agreement addresses intensive situations, including, but not limited to, emergency as defined under the Florida Statutes. The agreement is intended to aid in multi- jurisdictional problems, so as to protect the public peace and safety, and preserve the lives and property of the people. This agreement addresses the pursuit of criminal activity emanating from our jurisdiction to other jurisdictions or the rendering of law enforcement assistance to include dealing with civil disturbances, protest demonstrations, disasters natural and man-made, sporting events, and others, as defined in the agreement. STAFF RECOMMENDATION: Staff recommends approval of the Palm Beach County Law Enforcement Agencies Combined Operational Assistance and Voluntary Cooperation (Mutual Aid Agreement), between City of Palm Beach Gardens and other entities. 1 2 3 4 5 6 7 8 9 IO 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 47 RESOLUTION 37,2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING EXECUTION OF THE PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES MUTUAL AID AGREEMENT; AUTHORIZING THE POLICE CHIEF TO EXECUTE ADDITIONAL AGREEMENTS TO EFFECTUATE THE MUTUAL AID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 23.1225, Florida Statutes, known as the “Florida Mutual Aid Act,” authorizes local governments to enter into a combined mutual aid agreement for law enforcement services; and WHEREAS, the City of Palm Beach Gardens entered into a Mutual Aid Agreement in 2005, which Agreement will expire in 2009; and WHEREAS, an updated Mutual Aid Agreement has been prepared and is attached hereto; and WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED 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. The City Council hereby accepts and approves the updated Palm Beach County Law Enforcement Agencies Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement and hereby authorizes the Mayor, City Manager, and Police Chief to execute the Agreement. SECTION 3. The City Council hereby authorizes the Police Chief to enter into such other agreements as are necessary to effectuate the terms and provisions of the Mutual Aid Agreement. SECTION 4. This Resolution shall become effective immediately upon adoption. Date Prepared: April 29, 2008 Date Prepared: April 29, 2008 Resolution 37, 2008 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 PASSED AND ADOPTED this day of , 2008. CITY OF PALM BEACH GARDENS, FLORIDA BY: Eric Jablin, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: AYE NAY ABSENT MAYOR JABLIN --- VICE MAYOR LEVY --- COUNCILMEMBER RUSSO --- COUNCILMEMBER BARNETT --- COUNCILMEMBER PREMUROSO 46 47 G:\attorney-share\RESOLUTlONS\rnutual aid agreement - reso 37 2008.docx 2 c PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES COMBINED OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION MUTUAL AID AGREEMENT WITNESSETH WHEREAS, the subscribing Law Enforcement Agencies as listed in Attschmenf I, which is incorporated by reference, are so located in relation to each other that it is to the advantage of each to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to: (1) Intensive situations, including, but not limited to, emergencies as defined under Section 252.34, Florida Statutes, and (2) Continuing, multi-jurisdictional law enforcement problems, so as to protect the public peace and safety, and preserve the lives and property of the people; and, WHEREAS, the subscribing Law Enforcement Agencies have the authority under Section 23.1225, Florida Statutes, et. seq., The Florida Mutual Aid Act, to enter into a combined mutual aid agreement for law enforcement service which: (1) Permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines, and; (2) Provides for rendering of assistance in a law enforcement emergency as defined in Section 252.34. NOW, THEREFORE, THE AGENCIES AGREE AS FOLLOWS: SECTION I: PROVISIONS FOR OPERATIONAL ASSISTANCE The subscribed Law Enforcement Agencies hereby approve and enter into this Agreement whereby each of the agencies so represented may request and render law enforcement assistance to the other to include, but not necessarily be limited to, dealing with civil disturbances, large protest demonstrations, aircraft disasters, fires, natural or man-made disasters, sporting events, concerts, public school graduations, parades, escapes from detention facilities, and incidents requiring utilization of specialized units. SECTION II: PROVISIONS FOR VOLUNTARY COOPERATION Each of the subscribed Law Enforcement Agencies hereby approve and enter into this Agreement whereby each of the agencies may request and/or voluntarily render routine law enforcement assistance to the other, to include, but not necessarily be limited to, investigating homicides, sex offenses, robberies, assaults, burglaries, larcenies, gambling, motor vehicle thefts, controlled substance violations, pursuant to Chapter 893, Florida Statutes, DUI violations, backup services during patrol activities, School Police Officers enforcing laws within 1000 feet of a school or School Board property, inter-agency task forces and/or joint investigations, and coverage for overtime details. SECTION 111: PROCEDURE FOR REQUESTING ASSISTANCE In the event that an agency that is a party to this Agreement is in need of assistance as set forth above, such agency shall noti the agency or agencies from whom such assistance is required. The Agency Head or his/her authorized designee whose assistance is sought shall evaluate the situation and his/her available resources and will respond in a manner he/she deems appropriate. The Agency Head in whose jurisdiction assistance is being rendered may determine who is authorized to lend assistance in hidher jurisdiction, for how long such assistance is authorized and for what purpose such authority is granted. This authority may be granted either verbally or in writing as the particular situation dictates. School District Police Officers are hereby authorized to enforce laws in an area within 1000 feet of a school or school board property and within 1000 feet of any school sponsored event including, but not necessarily limited to, public school graduations, proms, dances and project graduations. Should a sworn law enforcement officer (officer) be in another subscribed agency’s jurisdiction and violation of Florida Statutes occurs, which is a crime of violence, in the presence of said officer, heishe shall be empowered to exercise authority as a law enforcement officer as if the officer was in his/her own jurisdiction. Should enforcement actin be taken, said officer shall notify the agency having normal jurisdiction and upon the latter‘s arrival, turn the situation over to them and offer any assistance requested including, but not limited to, a follow-up written report documenting the event and the actions taken. This provision so prescribed in this paragraph is not intended to grant general authorii to conduct investigations, serve warrants and/or subpoenas or to respond without request to emergencies already being addressed by the agency of normal jurisdiction, but is intended to address critical, life-threatening or public safety situations, prevent bodily injury to citizens, and/or secure apprehension of violent criminals whom the law enforcement officer may encounter. Furthermore, sworn law enforcement officers (officer) of subscribing law enforcement agencies are hereby authorized to exercise the power to make arrests in any subscribing agency’s jurisdiction of persons identified as a result of investigations 2 regarding any offense constituting a felony or any act of Domestic Violence as defined in Section 741.28, Florida Statutes, that occurred within the jurisdiction of the arresting officer. However, this paragraph does not include authority to make non-consensual or forcible entries into private dwellings, residences, living spaces or business spaces which are not open to the public, Le., authorii derived pursuant to this paragraph may be exercised only when in places open to the public or private places into which the arresting officer has entered with the consent of an occupant entitled to give consent. Prior to any officer taking enforcement action pursuant to this paragraph, the officer shall not* the Commanding Officer in charge of the jurisdiction in which the action will be taken, unless exigent circumstances prevent such prior notification, in which case notification shall be made as soon after the action as practicable. The Agency Head's decision in these matters shall be final. SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY The personnel and equipment that are assigned by the assisting agency head shall be under the immediate command of a supervising officer designated by the assisting agency head. Such supervising officer shall be under the direct supervision and command of the agency head or hisher designee of the agency requesting assistance. CONFLICTS: Whenever a Law Enforcement Officer is rendering assistance pursuant to this Agreement, the Law Enforcement Officer shall abide by and be subject to the rules and regulations, personnel policies, general orders and standard operating procedures of hisher own employer. If any such rule, regulation, personnel policy, general order or standard operating procedure is contradicted, contravened or otherwise, in conflict with a direct order of a superior officer of the requesting agency, then such rule, regulation, policy, general order or procedure shall control and shall supersede the direct order. HANDLING COMPLAINTS: Whenever there is cause to believe that a complaint has arisen as a result of a cooperative effort as it may pertain to this Agreement, the Agency Head or hisher designee of the requesting agency shall be responsible for the documentation of said complaint to ascertain at a minimum: 1. The identity of the complainant. 2. An address where the complaining agency can be contacted. 3. The specific allegation. 4. The identity of the employees accused without regard to agency affiliation. If it is determined that the accused is an employee of the assisting agency, the above information with all pertinent documentation gathered during the receipt and processing of the complaint shall be forwarded without delay to the Agency Head or hisher 3 designee of the assisting agency for administrative review. The requesting agency may conduct a review of the complaint to determine if any factual basis for the complaint exists and/or whether any of the employees of the requesting agency violated any of their agency's policies or procedures. SECTION V: LIABILITY Each agency engaging in any mutual cooperation and assistance, pursuant to this Agreement, agrees to assume responsibility for the acts, omissions, or conduct of such agency's employees while engaged in rendering such aid pursuant to this Agreement, subject to the provisions of Section 768.28, Florida Statutes, where applicable. SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS A. B. C. D. E. F. Employees of each participating Law Enforcement Agency, when actually engaging in mutual cooperation and assistance outside of their jurisdictional limits, but inside the State of Florida, under the terms of this Agreement, shall, pursuant to the provisions of Section 23.127(1), Florida Statutes, have the same powers, duties, rights, privileges and immunities as if the employee was performing duties inside the employee's political subdivision in which normally employed. Each agency agrees to furnish necessary personnel, equipment, resources and facilities and to render services to each other agency to the Agreement as set forth above; provided however, that no agency shall be required to deplete unreasonably its own personnel, equipment, resources, facilities, and services in furnishing such mutual aid. Communication with personnel from outside agencies will be accomplished with a shared radio frequency. Should the agency furnishing aid not have the capability to communicate on a shared radio frequency, then the requesting agency will either provide radios to the personnel of the agency furnishing aid or pair personnel from the agency furnishing aid with personnel from agencies that have the capability to communicate on a shared radio frequency. A political subdivision that furnishes equipment pursuant to this part must bear the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance of that equipment. The agency furnishing aid pursuant to this section shall compensate its employees during the time such aid is rendered and shall defray the actual travel and maintenance expenses of its employees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such assistance. The privileges and immunities from liabiltty, exemption from laws, ordinances and rules, and all pension, insurance, relief, disability, workers' compensation, salary, death and other benefits that apply to the activity of an employee of an agency when performing the employee's duties within the territorial limits of the 4 employee's agency apply to the employee to the same degree, manner, and extent while engaged in the performance of the employee's duties extraterritorially under the provisions of this Mutual Aid Agreement. The provisions of this section shall apply with equal effect to paid, volunteer, auxiliary, and reserve employees. G. Nothing herein shall prevent the requesting agency from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the assisting agency for any actual costs or expenses incurred by the assisting agency performing hereunder. H. Nothing in this Agreement is intended or is to be construed as any transfer or contracting away of the powers or functions of one party hereto to the other. SECTION VII: EFFECTIVE DATE This Agreement shall take effect upon execution and approval by the hereinafter named officials and shall continue in full force and effect until January 31, 2013. On or about September 30, 2012, a committee will be established by the Palm Beach County Law Enforcement Planning Council in conjunction with the Palm Beach County Association of Chiefs of Police, Inc., to review this Agreement and revise, if necessary. Under no circumstances may this Agreement be renewed, amended, or extended except in writing. SECTION VIII: CANCELLATION Any agency may cancel their participation in this Agreement upon delivery of written notice to the other agencies. Cancellation will be at the direction of any subscribing agency. IN WITNESS WHEREOF, the agencies hereto cause these presents to be signed on the date specified. 5 ATTEST: CITY OF ATLANTIS: Manny Fernandez, Mayor (date) Robert G. Mangold, Chief of Police (date) Mo Thornton, City Manager (date) CITY OF BOCA RATON: Susan Whelchel, Mayor (date) (date) ~ Dan Alexander, Chief of Police (date) Leif Ahnell, City Manager (date) CITY OF BOYNTON BEACH: (date) Jerry Taylor, Mayor (date) G. Matthew Immler, Chief of Police (date) Kurt Bressner, City Manager (date) CITY OF DELRAY BEACH: (date) Rita Ellis, Mayor (date) Joseph L. Schroeder, Chief of Police (date) David T. Harden, City Manager (date) FLORIDA ATLANTIC UNIVERSITY: Frank T. Brogan, President (date) Charles Lowe, Chief of Police (date) (date) (date) 6 CITY OF GREENACRES: Samuel J. Ferreri, Mayor (date) Wadie Atallah, City Manager (date) TOWN OF GULFSTREAM: ~~ ~ William F. Koch, Jr., Mayor (date) William H. Thrasher, Town Manager (date) TOWN OF HIGHLAND BEACH: Jim Newill, CPA, Mayor (date) Dale S. Sugarman, Ph.D., Town Mgr (date) TOWN OF JUNO BEACH: Jim Lyons, Mayor date) Jeffrey Naftal, Town Manager (date) TOWN OF JUPITER: Karen Golonka, Mayor (date) Phillip A. Ludos, Director of Public Safety (date) (date) Garrett J. Ward, Chief of Police (date) (date) Carlo Angelillo, Chief of Police (date) (date) Robert Daniels, Acting Chief of Police (date) (date) Frank J. Kitzerow, Chief of Police (date) Andrew D. Lukasik, Town Manager (date) (date) 7 TOWN OF JUPITER INLET COLONY: John M. Zuccarelli, 111, Mayor (date) Joann Manganiello, Town Manager (date) TOWN OF LAKE CLARKE SHORES: Malcolm K. Lewis, Mayor (date) Joann Hatton, Town Administrator (date) CITY OF LAKE WORTH: Jeff Clemens, Mayor (date) Robert Baldwin, City Manager (date) TOWN OF LANTANA: David J. Stewart, Mayor (date) Michael Bornstein, Town Manager (date) TOWN OF MANALAPAN: William E. Benjamin, II, Mayor (date) Joseph Benevento, Chief of Police (date) (date) William W. Smith, 111, Chief of Police (date) (date) William E. Smith, Chief of Police (date) (date) Richard M. Lincoln, Chief of Police (date) (date) Wilbur C. Walker, Chief of Police (date) Greg Dunham, Town Manager (date) (date) 8 VILLAGE OF NORTH PALM BEACH: William Manuel, Mayor (date) James Knight, Village Manager (date) TOWN OF OCEAN RIDGE: Kenneth Kaleel, Mayor (date) Steve Canfield, Chief of Police (date) (date) Edward G. Hillery, Jr., Chief of Police (date) Ken Schenck, Town Manager (date) TOWN OF PALM BEACH: (date) Jack McDonald, Mayor (date) Peter Elwell, Town Manager (date) Michael S. Reiter, Chief of Police (date) Richard M. Kleid, President, Town Council (date) PALM BEACH COUNTY SHERIFF'S OFFICE: (date) Ric L. Bradshaw, Sheriff (date) (date) (date) PALM BEACH COUNTY SCHOOL DISTRICT: William G. Graham, Chairman (date) James P. Kelly, Chief of School Police (date) Arthur C. Johnson, Ph.D., Superintendent (date) (date) 9 CITY OF PALM BEACH GARDENS: Eric Jablin, Mayor (date) Stephen J. Stepp, Chief of Police (date) (date) -- Ronald Fdrris, CMManager (date) TOWN OF PALM BEACH SHORES: Thomas R. Mills, Mayor (date) Roger K. Wille, Chief of Police (date) Cynthia Lindskoog, Town Manager (date) (date) VILLAGE OF PALM SPRINGS: John M. Davis, Mayor (date) Jay C. Pickens, Director of Public Safety (date) Karl E. Umberger, Village Manager (date) (date) CITY OF RlVlERA BEACH: Thomas Masters, Mayor (date) Clarence D. Williams, 111, Chief of Police (date) William Wilkins, City Manager (date) (date) TOWN OF SOUTH PALM BEACH: Maurice J. Jacobson, Mayor (date) Roger M. Crane, Chief of Police (date) Rex Taylor, Town Manager (date) (date) 10 VILLAGE OF TEQUESTA: Pat Watkins, Mayor (date) William McCollom, Chief of Police (date) Michael Couuo, Jr., Village Manager (date) (date) CITY OF WEST PALM BEACH: Lois Frankel, Mayor (date) Delsa R. Bush, Chief of Police (date) Ed Mitchell, City Manager (date) (date) 11 Atlantis Police Department Boca Raton Police Department Boynton Beach Police Department Delray Beach Police Department Florida Atlantic University Greenacres Police Department Gulfstream Police Department Highland Beach Police Department Juno Beach Police Department Jupiter Police Department Jupiter Inlet Colony Police Department Lake Clarke Shores Police Department Lake Worth Police Department Lantana Police Department Manalapan Police Department North Palm Beach Police Department Ocean Ridge Police Department Palm Beach Police Department Palm Beach County Sheriff's Office Palm Beach County School District Police Department Palm Beach Gardens Police Department Palm Beach Shores Police Department Palm Springs Police Department Riviera Beach Police Department South Palm Beach Police Department Tequesta Police Department West Palm Beach Police Department 12 Attachment I ~ ~~ m Beach Gardens Police Departme I prafessmnals and WyEREAS, emergency pmviclrthmMicfabie sew on the fr;pnt line education, disaster mponse, honrrdand SBcUljfy and other initiafivs Bhat mdtm costs sndBa\ne CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: January 09,2008 Meeting Date: May 15,2008 Resolution 22,2008 ~ ~~ ~ Subiect/Aeenda Item: Resolution 22,2008: Donald Ross Village PUD - Elimination of Shared Parking Conditions Consideration of Approval: A request by Marty Minor, agent for Donald RossMilitary, L.C., for approval of an amendment to the development order of the Donald Ross Village Planned Unit Development (PUD) to delete Conditions #50 through #53 of Resolution 7,2007, to remove all requirements associated with shared parking and remove additional outdated conditions. The Donald Ross Village PUD is approximately 45-acres and is located along the south side of Donald Ross Road between Military Trail and Central Boulevard. [XI Recommendation to APPROVE [ ] Recompendation to DENY I Reviewed by1 City Attome Development Compliance J?& Bahareh Keshavarz-Wolfs, AICP Kara L. Irwin, AICP Approved By: Originating Dept.: Growth Management: Manager Senior Planner [ XI Quasi -Judicial [ ] Legislative [XI Public Hearing Advertised: Paper: Palm Beach Post Date: March 5,2008 [XI Required [ ] Not Required Affected Parties: [XI Notified ~ fl-Not Required Finance: Senior Accountant: Tresh Thomas Fees paid [Yes] Funding Source: [ ] Operating [XI Otherx Budget Acct.#: N/A City Council Action: [ ]Approved [ 3 App. wl conditions [ ] Denied [ ] Continued to:- Attachments: Resolution 7,2007 Project Narrative Reduced Plans 0 McMahon Memo Resolution 22,2008 Date Prepared: January 9,2008 Meeting Date: May 15, 2008 Resolution 22,2008 Page 2 of 6 EXECUTIVE SUMMARY The site plan approved by the City Council for the Donald Ross Village PUD utilized the shared parking provisions established in the City’s Land Development Regulations (LDRs). These provisions allow a reduction in the overall parking requirements of a mixed-use project through the use of a shared parking formula that is based on the peak-hour parking demand for each individual use. As a result of the use of shared parking, the approved development order for the commercial portion contained certain conditions of approval that were intended to address any future parking problem resulting from the use of shared parking once the project was built and occupied. Through a previously approved administrative amendment to the PUD, the applicant has reduced the amount of proposed office and retail uses and introduced a bank instead of the previously approved restaurant to be located on out parcel “D” (please see attached site plan). As a result of the reduction in square footage, the currently approved site plan provides more than the parking required pursuant to the City’s LDRs without the utilization of the shared parking provisions of the City Code. Thus, the conditions of approval related to the provision of shared parking no longer apply. The applicant has requested to delete Conditions #50 through #53 of the approved development order in order to remove all conditions associated with shared parking. BACKGROUND On April 10, 2003, the City Council adopted Ordinance 53, 2002, which approved the development order for Donald Ross Village Mixed-Use (MXD) Planned Unit Development (PUD). The master plan was divided into two phases of development. Phase I of the Donald Ross Village MXD PUD was approved for 9,000 square feet of professional office, a 3,236 square-foot convenience store with gas sales, a 4,000 square-foot bank, a 14,873 square-foot drug store, 13,000 square feet of restaurant space, 2,400 square feet of outdoor restaurant seating, 57,487 square feet of retail use, and 156 multi-family dwelling units. On July 1, 2004, the City Council adopted Ordinance 23,2004 and Resolution 125,2004, which amended the PUD to allow for off-site mitigation of upland preserve. The City Council determined that it is more appropriate for the site plan approval and the conditions related thereto be transferred to a separate ordinance and resolution, as opposed to having the zoning, master plan approval, waivers, and conditions of approval adopted through ordinance. The zoning set forth in Ordinance 53, 2002 has been re-affirmed by Ordinance 23, 2004 and the master site plan, waivers, and conditions of approval have been transferred to Resolution 125, 2004. Per Resolution 125, 2004, two conditions of approval (conditions 37 & 38) were modified to allow for additional off-site mitigation. On July 1, 2004, the City Council adopted Resolution 115, 2004, which approved a parcel for off-site mitigation of 29% of the upland preserve set aside required for the site. The parcel is located off of the Beeline Highway, approximately 1.25 miles northwest of PGA Boulevard. On August 5,2004, the City Council adopted Resolution 149, 2004, which approved a waiver to Date Prepared: January 9,2008 Meeting Date: May 15,2008 Resolution 22,2008 Page 3 of 6 eliminate the lake maintenance easement along the south side of the 5.09-acre lake. In order to justify the requested waiver, the applicant provided a &foot wide lake easement along the north end of the adjacent property (Dwyer High School). On November 18, 2005, the City Council adopted Resolution 210, 2004, which approved an amendment to the Donald Ross Village MXD PUD for phase I1 of the subject site with a 93- room hotel, a 13,500 square-foot retail building, an 18,387 square-foot medical office building, and a 20,000 square-foot fitness center. The subject site is currently being developed in accordance with the plan approved by said resolution. On January 5,2006, the City Council adopted Resolution 7,2006, which approved the Art in Public Places (AIPP) for the subject site (approximately thirty pieces). The majority of the public art for the project, excluding the hotel site, has been installed. On June 21, 2007, the City Council adopted Resolution 7, 2007, which approved an increase in the size of the signage on the west elevation of the hotel from 36 square feet to 53 square feet (Building H) and approved a waiver to allow one additional flat/wall sign for each tenant located in buildings A, B, C, D, I, J, and K within the PUD. PROPOSED AMENDMENT Deletion of conditions of approval numbers 50 through 53. Date Prepared: January 9,2008 Meeting Date: May 15, 2008 Resolution 22,2008 Page 4 of 6 DISCUSSION Due to the administratively approved reduction of the total square footage on site and the introduction of new uses that require less parking, the parking requirements for the site can now be accommodated without utilizing shared parking. Specifically, the applicant was oi-iginally approved for 9,000 square feet of general office uses; 18,387 square feet of medical office uses; 86,609 square feet of commercial uses (retail, bank, gadconvenience store, and fitness center); 13,000 square feet of indoor restaurant uses; 2,400 square feet of outdoor restaurant seating; and a %-room hotel. Pursuant to Section 78-345 of the City Code, entitled “Number of parking spaces required,” the previously approved uses required 8 19 parking spaces. However, the applicant was approved by the City Council to utilize shared parking, pursuant to Section 78-346 of the City Code. Based upon the shared parking calculations, the applicant was only required to provide a minimum of 665 spaces. The approved site plan provides 768 parking spaces. Since shared parking was utilized, the approved development order for the commercial portion contained certain conditions of approval that were intended to address any future parking problem resulting from the use of shared parking once the project was built and occupied. The applicant administratively amended the site plan to reduce the total square footage of certain uses on site and introduce a bank in-lieu of the previously approved restaurant on out parcel “D”, resulting in 91,696 square feet of commercial uses; 9,000 square feet of general office uses; 18,587 square feet of medical office uses; 5,000 square feet of indoor restaurant uses; 2,400 square feet of outdoor restaurant seating; and a %room hotel. As a result, the reduced square footage and the new uses do not require as much parking as the previously approved uses. Specifically, the revised mix of uses requires 742 parking spaces based on utilizing the parking ratio for shopping centerslmixed uses contained in City Code Section 78-345, Table 33. The applicant proposes to provide 770 parking spaces on site; therefore, there is no longer any need for the applicant to utilize the shared parking provisions of the City Code, and thus no need to require an annual parking study to verify the adequacy of the shared parking and a surety bond to implement more parking, if warranted. Date Prepared: January 9, 2008 Meeting Date: May 15,2008 Resolution 22,2008 Page 5 of 6 The PUD is near build out with only Parcels C (restaurant) and D (bank) remaining to be developed. For housekeeping purposes, staff recommends that Conditions #6 and Condition #29 be deleted from the resolution. Condition #6 pertains to the future site plans for the hotel and retail development areas that are developed and have received certificate of occupancies. Any proposed future site plan amendments for this Planned Unit Development are required to be processed in accordance with Section 78-49 of the Land Development Regulations. Condition #29 and #55 is in regard to approved uses on-site. The applicant has provided a breakdown of uses in the site data table for each parcel which will be monitored via occupational license and zoning review to assure that future uses are consistent with the approved site plan. It is staffs professional opinion that Condition #29 be removed from the Resolution and Condition #55 be modified to delete the square footages of the uses. Condition #30 restricts the total square footage allocated for restaurant uses for the entire PUD. Section 78-345 of the LDRs requires that restaurants be limited to 25% of the shopping center square footage. The total shopping center square footage for the site is 126,483 square feet. Therefore, the restaurant square footage would be limited to 31,620 square feet. There is currently 18,190 square feet of restaurant use in the shopping center. Staff is recommending that the condition be changed to reflect consistency with the code. The following conditions have been added, deleted or amended: 3eZ The total square footage allocated for restaurant uses shall not exceed 3 1,620 square feet. The Applicant shall be entitled to additional outdoor seating for the restaurant uses, subject to compliance with Section 78-191 of the Citv Code. / iwEcB: (Planning & Zoning) 564.4.. Prior to the issuance of each occupational license e~ building permit for interior renovations of tenant spaces, the Applicant or its agent shall submit for approval by the Planning Date Prepared: January 9.2008 Meeting Date: May 15,2008 Resolution 22,2008 Page 6 of 6 & Zoning Division a tabular breakdown by use of the gross square footage for lease. Th&dAe .. ~ (Planning & Zoning) (ONGOING) Planning, Zoning & Appeals Board On February 12, 2008, the PZAB voted 7-0 to recommend approval of the subject petition to City Council. STAFF RECOMMENDATION Based upon staffs review of the previous and current approved uses and the parking provided on the site plan, staff has determined the parking requirements for the revised mix of uses will be met on site without the use of the shared parking provisions of the City Code. Thus, the conditions of approval related to the provision of shared parking no longer apply and are not necessary. Staff does not object to the proposed deletion of these conditions. Staff recommends APPROVAL of Resolution 22,2008. MchlAHON A5bOCIATE5, 1NC 7741 N. Military Trail I Suite 5 I Palm Beach Gardens, FL 33410 www.rncrntrans.com p 561 -840-8650 I f 561-840-8590 CMAHON TO: cc: TECHNICAL MEMORANDUM Kara Irwin, Growth Management Administrator Judy Dye, P.E., Assistant City Engineer City of Palm Beach Gardens Dan Clark, P.E., City Engineer Richard Marrero, Senior Planner City of Palm Beach Gardens 1’ €1 1 N c 1 I’ h L Joseph W. McMahon, P.E. Rodney P. Plourde, Ph.D., P.E Joseph J. DeSantis. P.E.. PTOE John S. DePalma William T. Steffens A 3 s C) C 1A’T 1: h Casey A. Moore, P.E. Gary R. McNaughton, P.E.. PTOE John J. Mitcheli, P.E. Christopher J. Williams, P.E. John F. Yacapsin, P.E. Thomas A. Hall FROM: John P. Kim, P.E.,PTOE, Senior Project Manager SUBJECT: Donald Ross Village PUD - Condition Removal McMahon Project No. M06344.30 PUDA-07-11-000013 DATE: January 2,2008 McMahon Associates, Inc. (McMahon) has reviewed the documentation provided by Urban Design Studio, dated December 21, 2007 and the accompanying site plan and supplemental information. The applicant has sufficiently responded to the previous comments and has demonstrated that the site is providing more than the number of parking spaces required under the City of Palm Beach Gardens Code. The PUD no longer requires the application of shared parking calculations. The request to remove conditions 50 through 53 of Resolution 210, 2004, related to the approval of shared parking can be approved. Please feel free to contact me with any questions or concerns regarding this project. F: \ FL \06344M\06344M-30 - Donald Ross Village PUD Condition Removal\Admin\ Donald Ross Village PUD Tech Memo 010208.doc \I \ Boston 1’4 Fort Washington 1 Exton I Mechanicsburg \I Yardville I I Palm Beach Gardens Fort Lauderdale I Fort Myers Miami PROJECT NARRATIVE DONALD ROSS VILLAGE PLANNED UNIT DEVELOPMENT urban dePn stu 10 BUILD OUT DETERMINATION Urban Design APPLICATION Land Planning Urban Planning November 13,2007 Landscape Architecture Request/Location The request, on behalf of Donald RosdMilitary, L.C., is for to eliminate the shared parking analysis for the project and Conditions #50 through #53 of Resolution 210,2004. The request is prompted by the project’s compliance with the City Code parking requirements. The overall site has a zoning designation of Planned Unit Development (PUD) and a Future Land Use Designation ofCommercial and Mixed-Use. To the south is the William T. Dwyer Community High School, to the north is the Abacoa Shopping Center, to the east is the Evergrene PCD, and to the west is Legends at the Gardens PUD. History The Donald Ross Village MXD PUD was approved on April 10, 2003, through the adoption Ordinance 53, 2002, for 156 multifamily residential units, a 93-room hotel, 9,000 square feet of professional office, a 3,236 square foot convenience store with gas sales, a 4,000 square foot bank, 14,873 square foot drug store, 13,000 square feet of restaurant space, 2,400 square feet of outdoor restaurant seating and 88,987 square feet of retail use. On September 25, 2004, the City approved ADMIN-03-49, which granted the administrative approval to minor changes to approved convenience store/gas station. Minor revisions to the project’s drugstore was approved on February 20,2004, through the approval ofADMIN-03-75. An additional entrance was added to the approved bank through the administrative approval ADMIN-03-111, which was issued on March 15,2004. On July 1, 2004, the City Council adopted Resolution 1 15, 2004 and Resolution 125, 2004 which approved the off-site mitigation for the project and approved a waiver regarding the width of the on- site preservation area. The City Council, on August 5,2004, approved Resolution 149,2004, which approved the location ofa lake maintenance easement on the adjacent William T. Dwyer Community High School site. On November 18, 2004, City Council adopted Resolution 210, 2004, which approved the second phase of the Donald Ross Village site plan. A three-year administrative time extension was approved by the City on December 30, 2004. The current build out date for the project is December 3 1, 2007. On June 29, 2007, a request for a build out determination of the project was submitted to the City. This request is currently being reviewed. Compliance/Land Use The subiect PUD has a Commercial (1 1.13 acres) and Mixed Use (34.24477 S. Rosemary Avenue .I Suite 225 - The Lofts at City Place acres) land use designation. The approved Mixed Use Planned UnitWest Pa,m Beach, FL 33401 a 561.366.1100 561.366.1111 fax www.UDSonline.com LCC35 Development is consistent with the underlying land use. The proposed administrative time extension is consistent withe the underlying land use and the original Planned Unit Development. e EXISTING USE Existing Zoning and Land Use Designations & Site Analysis ZONING FUTURE LAND USE TO THE WEST: Legends At The Gardens SUBJECT PROPERTY: Commercial/ MXD I PUD ICBMXD PUD MXD I DR1 TO THE NORTH: ABACOA DRI I MXD I PCD TO THE EAST: Evergrene PCD I RM I TO THE SOUTH: Dwyer H.S. Ip Parking When the second phase of the of the commercial portion of the Donald Ross Village was adopted in late 2004, parking within the site was through a shared parking analysis, as directed by Section 78-346 of the City Code. Below is the parking analysis approved with Resolution 2 10,2004: e Shared Parking Calculations for Donald Ross Village PUD July 8,2004 Use Office 9,000 s.f. genera 1 Medical Office 18,387 s.f. (1/200 s.f. (1/300 s.f.) Weekday: Midnight to 6 a.m. (5% of required) 7 Weekday: 9 a.m. to 4 p.m. (1 00% of required) Weekday: 6 p.m. to Midnight (10% of required) Weekend: 9 a.m. to 4 p.m. (10% of required) 13 Weekend: 6 a.m. to Midnight (5% of required) 7 Commercial (retail, bank, gadconvenience storebitness center) 86,609 s.f. (1/200 s.f.)and 2,400 s.f. of outdoor seating (11150 for patrons) Restaurant 13,000 s.f. indoor (1/150 for patrons and 11250 for employees) Hotel 93 Rooms, 700 s.f. of meeting rooms (1.1 spaces per room + 1 space per 100 s.f. of meeting/office space Total (5% of required) 23 (10% of required) 14 (80% of required) 88 132 65 parking spaces required und (70% of required) 315 (50% of required) 70 (80% of required) 88 595 (goyo of required) 404 (100% of required) 139 (1 00% of required) 110 665 r the City’s shared parking calc (100% of required) 449 (50% of required) 70 (80% of required) 88 620 (70% of required) 315 (1 00% of required) 138 (1 00% of required) 110 571 lations for the entire parcel. 768 Parking spaces provided 819 Parking spaces required by code With this approval, several conditions of approval (Conditions #50 through #53 of Resolution 2 10,2004) were placed on the project. Since this approval, the Donald Ross Village has largely been constructed and some of the approved uses have been amended. As a result, there is no longer a need for the shared parking requirement. As a result, the Donald Ross Village now meets the City’s Parking requirement, as indicated below: USE # Ratio Spaces Retail 45,000 1 /200 225 Drugstore 14,873 1/250 59.4 Restaurant 5,000 1/150 + 1/250 53.3 Health, Phys. 20,000 1 /200 100 Medical Office 18,587 1 /200 92.9 a 1. General Office 9,000 1 /300 30 ' Outdoor Seating 2,400 1/150 + 1/250 25.6 Bank 8,587 1/250 34.34 Gas Station 3,236 1 /200 16.18 Hotel 93 Rooms +700 s.f. l.l/rm + 1/100 109.3 TOTAL REQUIREMENT TOTAL PROVIDED 744.745 770 As the project is meeting is parking code requirements, we are requesting the elimination of Conditions #50 through #53 of Resolution 210 2004 because the conditions are no longer applicable. t March 27,2008 Mr. Richard Marrero Planner Growth Management Department City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida urban stu 10 Urban Design Urban Planning Land Planning Landscape Archi tectum RE: REVISED SITE PLANSITE DATA CALCULATIONS FOR DONALD ROSS VILLAGE PUD Dear Mr. Marrero: Attached for your review are six (6) copies of the revised site plan for the Donald Ross Village Planned Unit Development. Based on our previous discussions, the site data table has been revised to reflect that all buildings, with the exception of the hotel, can be parked under the shopping center ratio found in the City’s Parking Code. No other changes to the site plan have been made. In order to address the City’s concern regarding the amount of future restaurant space within the project and the applicant’s desire to eliminate the current shared parking requirements for the site, the following parking breakdown have been provided: PARCEL ## ysJ AREA Shopping CentedMixed Uses A Retail 18,000 s.f. General Office 9,000 s.f. Outdoor Seating 1,200 s.f. Outdoor Seating 1,200 s.f. B Retail 13,500 s.f. C Restaurant 5,000 s.f. D Bank w/o drive-thru 5,087 s.f. E Pharmacy 14,873 s.f. F Bank wl drive-thru 3,500 s.f. G Gas Station 3,236 s.f. I Retail 13,500 s.f. J Medical Office 18,387 s.f. K Health, Phys. Fitness 20,000 s.f. Hotel/Emploment Center H Hotel 93 rooms + 700 s.f. TOTAL 126,483 s.f. x lnOO s.f. =632.41 spaces 1.1 per room + 1/100 s.f.=109.3 spaces TOTAL 741.7 OR 742 required spaces 477 s. Rosemary A~~~~~ ~of~~m 770 Spaces Provided. Suite 225 - The Lofts at City Place West Palm Beach, FL 33401 561.366.1100 561.366.1111 fax www.UDSonline.com LCC35 As indicated in the above calculations, the site meets all parking requirements for the site and would allow a maximum of 3 1,620 square feet of restaurant space, based on the code limitation of 25% of the total shopping center area. With regards to the draft resolution language for Condition #28 (former Condition #30), we would request that the language include the following: 28. The total square footage allocated for restaurant uses shall not exceed 3 1,620 square feet. The applicant, however, shall be entitled to additional outdoor seating for the restaurant uses, subiect to compliance with Section 78-1 91 of the Citv Code. and-€% (Planning & Zoning) Thank you and your staff for the considerable time and effort spent in resolving these last remaining issues. Should you have any questions, please feel free to give me a call at any time. Sincerely, Urban Design Studio Marty R.A. Minor, AICP Senior Project Manager n n 1 2 3 4 5 6 7 8 9 IO 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 Dale Prepared: May 1, 2007 RESOLUTION 7,2007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE DONALD ROSS VILLAGE PLANNED UNIT DEVELOPMENT (PUD) TO ALLOW AN INCREASE IN THE SIZE OF THE SIGNAGE ON THE WEST ELEVATION OF THE HOTEL FROM 36 SQUARE FEET TO 53 SQUARE FEET (BUILDING H) AND APPROVING A WAIVER FROM ADDITIONAL FLATMALL SIGN FOR EACH TENANT LOCATED IN BUILDINGS A, B, C, D, I, J, AND K WITHIN THE DONALD ROSS VILLAGE PUD, GENERALLY BOUNDED BY DONALD ROSS ROAD TO THE NORTH, CENTRAL BOULEVARD TO THE WEST, AND MILITARY TRAIL TO THE EAST, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. SECTION 78-285, CODE OF ORDINANCES, TO ALLOW FOR ONE WHEREAS, on April IO, 2003, the City Council adopted Ordinance 53, 2002, thereby approving the master site plan for a planned unit development (PUD), consisting of 256 multi-family residential units, a 93-rOOm hotel, 9,000 square feet of professional (business) office, 3,236 square feet of gadconvenience store, 4,000 square feet of bank, 88,987 square feet of general retail, 13,000 square feet of restaurant use, 2,400 square feet of outdoor seating area for retail, and 14,873 square feet of drug store on an approximately 45-acre site, generally bounded by Donald Ross Road to the north, Central Boulevard to the west, and Military Trail to the east; and WHEREAS, the City Council approved an area of Reserve Preserve on the master site plan that the Applicant was permitted to develop contingent upon off-site mitigation being provided within the City limits; and WHEREAS, on July 1, 2004, the City Council approved the transference of the rezoning, site plan approval, and the conditions related thereto to a separate Ordinance and Resolution. The zoning set forth in Ordinance 53, 2002 was re-affirmed by Ordinance 23, 2004 and the master site plan, waivers, and conditions of approval were transferred to Resolution 125, 2004; and WHEREAS, on July 1, 2004, the City Council adopted Resolution 125, 2004, which approved the off-site mitigation parcel and a waiver to reduce the width of the upland preserve areas along Central Boulevard and Military Trail to provide for utility easements; and 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 30 39 40 41 42 43 44 45 46 Date Prepared: May 1,2007 Resolulion 7. 2007 WHEREAS, on August 5, 2004, the City Council adopted Resolution 149, 2004, which approved a waiver to eliminate the lake maintenance easement along the south side of the 5.09-acre lake on site: and WHEREAS, on November 18, 2004, the City Council adopted Resolution 210, 2004, which approved the development of Phase II of the Donald Ross Village PUD consisting of a 93-room hotel, 18,387 square feet of medical office, 13,500 square feet of retail, a 20,000 square-foot fitness center, and the Master Signage Program (MSP); and WHEREAS, the City has received a request (PUDA-07-02-000004) from Mr. Marty Minor of Urban Design Studio, on behalf of Donald Ross/Military L.C., for approval of an amendment to the Donald Ross Village PUD to allow for an increase in the size of the signage on the west elevation of the hotel from 36 square feet to 53 square feet (Building H) and to allow for one additional flatlwall sign for tenants located in Buildings A, B, C, D, I, J, and K that have two or more elevations facing a right-of-way or primary entrance; and WHEREAS, the Growth Management Department has reviewed said application, has determined that it is sufficient, and has recommended its approval; and WHEREAS, the City Council has considered the evidence and testimony presented by the Applicant and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION I. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The development plans for the Donald Ross Village Planned Unit Development as amended by application PUDA-07-02-000004 are hereby APPROVED on the following described real property, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL DESCRIPTION: THE PLAT OF THE SHOPS OF DONALD ROSS REPLAT OF TRACT "A" AS RECORDED IN PLAT BOOK 98, PAGE 157. OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 2 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 Dale Prepared: May 1,2007 Resolution 7, 2007 3 Date Prepared: May 1,2007 Resolution 7, 2007 1 2 3 4 5 6 7 8 9 IO SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following waivers: 11 12 1. 13 14 15 2. 16 17 18 3. 19 20 21 4. 22 23 24 5. 25 26 27 6. 29 30 7. 31 32 28 . 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Waiver from City Code Section 78-1 53, Nonresidential zoning district regulations, to allow a five-story hotel building (Building H). Waiver from City Code Section 78-285, Signage, to allow identification signage on the top of the fifth floor western elevation of Building H. Waiver from City Code Section 78-344 (I) (1 ), Parking stall and bay dimensions, to allow for 9.5-fOOt wide parking stalls for the area adjacent to the hotel building. Waiver from City Code Section 78-344 (I) (l), Parking stall and bay dimensions, to allow 16.5-foot long parking stalls for parking spaces adjacent to the hotel use. Waiver from City Code Section 78-285, Signage, to allow for an additional sign on the west elevation of Building H. Waiver from City Code Section 78-285, Signage, to allow for an additional building identification wall sign on Building J. Waiver from City Code Section 78-563, Lake maintenance tracts, to allow encroachments within the lake maintenance easements. 8. Waiver from Citv Code Section 78-285, Sisnase. to allow for one additional flatlwall sinn for tenants that have two or more elevations facinq a riqht-of-wav or Drimarv entrance, which are located in buildings A, 6, C. D, I, J, and K. SECTION 4. This Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the Applicant, its successors, or assigns: Build-Out Date 1. Pursuant to the terms of Ordinance 10, 2003, the build-out date for this development is December 31, 2004. All infrastructure and common-area landscaping shall be completed for the commercial and residential uses prior to this date. (Planning & Zoning) (COMPLETED) 4 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: May 1,2007 Resolution 7,2007 TemDorarv Trailers 2. Any trailers used on site for construction, security, or marketingkales purposes shall meet the requirements set forth in Section 78-159 of the Land Development Regulations. (Planning & Zoning) TemDorarv Signs 3. The Applicant shall be permitted one 36 square-foot temporary development sign per right-of-way frontage (for a maximum total of three (3)). Any additional temporary development signs shall require separate approval by the City Council. (Planning & Zoning) Master Siqn Plan 4. Prior to the issuance of the first Certificate of Occupancy for any structure on site, the Applicant shall submit an application for and receive approval from the City Council for a detailed master sign package for both the residential and non- residential portions of the site. The master sign plan shall include wall signs and monument signs proposed for the commercial uses on site, as well as entry features, address numbers, and building numbers for the residential uses on site. The master sign plan shall also include directional signs, traffic regulatory signs, and building directory signs. Neon signs and internally illuminated aluminum channel wall signs shall not be permitted. Backlit reverse channel wail signs and soffit signs may be permitted. (Planning & Zoning) (COMPLETED) Gatewav Siqn 5. If the City Council makes a decision on the specific location(s) and design of the City entryway signs applicable to the Donald Ross Village PUD, the Applicant shall file an administrative amendment petition with the Growth Management Department to modify the location(s) of the proposed monument signs at the Donald Ross Village PUD in accordance with the City Council decision. The specific locations may include the southwest corner of Donald Ross Road and Military Trail and the southeast corner of Central Boulevard and Donald Ross Road within the Donald Ross Village PUD property. The Applicant shall construct and maintain said entryway sign(s) within 12 months of the City Council’s approval of the entryway sign plan. (Planning & Zoning) (COMPLETED) 5 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 Future Site Plans for Phase II 6. Future site plans for the Hotel and Future Retail Development Area shall be reviewed as major amendments to the Planned Unit Development, in accordance with Section 78-49(b)(7) of the Land Development Regulations. A minor change of up to 5% to the approved allocation of uses for the commercial and office buildings shall require administrative review and approval of a parking and traffic equivalency analysis by the Planning and Zoning Division. Any major modifications (greater than 5%) to the allocated uses shall require review and approval by City Council. (Planning & Zoning) 7. Future site and architecture plans for parcels within Phase II shall comply with the architectural guidelines set forth by this Ordinance, attached hereto and incorporated herein as Exhibit “B.” (Planning & Zoning) (COMPLETED) 8. Future site plans for parcels within Phase I1 shall substantially comply with “build-to streetline” standards (building footprint having a zero-foot setback to spine road sidewalk), attached hereto and incorporated herein as Exhibit “C”, to enhance “main street” environment in this location. (Planning & Zoning) (COMPLETED) Art in Public Places 9. The Applicant shall be required to provide Art in Public Places should construction costs exceed $1 million, pursuant to the Land Development Regulations. All public art shall be reviewed and approved by the Art in Public Places Advisory Board. If the Applicant is proposing to provide art on site to meet the Art in Public Places requirement, then the art shall be approved and installed prior to the issuance of the final commercial Certificate of Occupancy for Phase I. (Planning & Zoning) (COMPLETED) Riaht-of-Wav Landscaping 10. 11. The median and adjacent shoulder landscaping and irrigation for Donald Ross Road, Military Trail, and Central Boulevard shall be installed and completed within six (6) months from the issuance of the first clearing permit. (City Forester) (COMPLETED) The Applicant, successors, and assigns shall be responsible for their fair share of the landscape, irrigation, and maintenance of the median and adjacent roadway shoulder landscaping for Donald Ross Road, Military Trail, and Central Boulevard per Ordinance 36, 2002 (a/k/a Roadway Beautification Plan). (City Forester) (ONGOING) 6 Date Prepared. May 1,2007 Resolution 7, 2007 Date Prepared: May 1,2007 Resolution 7,2007 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 29 30 31 32 33 34 35 36 37 30 39 40 41 42 43 44 45 46 a 12. Detailed Landscape Plans referenced in Condition #10 shall be prepared by the Applicant based on the City Roadway Beautification Plan, and shall be submitted to the City for staff review no later than ninety (90) days after the effective date of this Development Order. (Planning & Zoning) (COMPLETED) 13. Prior to the issuance of the first building permit, the Applicant shall place monies, in an amount equal to 11 0% of the cost of the landscape improvements referenced in Condition #lo, in an escrow account established by the Applicant to be used by its successors or assigns to complete the project. In the event the City of Palm Beach Gardens or another entity forms a special district pertaining to the landscape maintenance of contiguous rights-of-way, then the Donald Ross Village property owners association, successors, or assigns shall automatically become a member of such special district. This condition may be amended at any time by a separate agreement between the Applicant and the City Palm Beach Gardens. (Planning & Zoning) (COMPLETED) Environmental 14. By May 12, 2003, the Applicant shall submit a restoration plan for the two (2) disturbed wetlands located at the northwest corner and southeast corner of the subject site. (Planning & Zoning) (COMPLETED) 15. No land alterationklearing shall be allowed until all issues have been satisfied with the Florida Fish and Game Commission regarding the relocation of Gopher Tortoises on or off site. (Planning & Zoning) (COMPLETED) 16. All preserve areas, native vegetation, and trees to be preserved shall be identified with protective fencing. The Growth Management Department shall conduct a site visit prior to commencement of land alteration or clearing to confirm that such areas are identified and protected pursuant to City Code. (Planning & Zoning) (COMPLETED) 17. Prior to the platting of the preserve areas, an upland preserve maintenance plan shall be submitted to the City for review and approval by the City Engineer, City Attorney, and the City Forester. (Planning & Zoning) (COMPLETED) Dedications and lmmovements 18. All sidewalks within the parkway easements not located within the road rights-of- way shall be dedicated as public access easements and shall be maintained by the master property owners association prior to the issuance of the first commercial Certificate of Occupancy. (Planning & Zoning) 7 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 39 40 41 42 43 44 45 46 38 Date Prepared: May 1,2007 Resolution 7, 2007 Police DepartmenVCPTED Desian 19. Numerical addresses shall be located on all buildings and illuminated for nighttime visibility. (Planning & Zoning, Police) 20. Parkway and preserve paths shall maximize natural surveillance of the pedestrian users through the selective vegetative management practices. Adjacent to parkway and preserve multi-use pathways, ground cover shall be no higher than 24 inches, and trees having a minimum of 7-foot clear trunk space shall create a natural surveillance. Additional measures may be required by the Police Department per CPTED. (Planning & Zoning, Police) 21. Prior to the issuance of the first non-residential Certificate of Occupancy, all multi- use pathways and/or sidewalks adjacent to preserves shall be reviewed and approved by a CPTED certified police officer with the City. (Planning & Zoning, Police) (COMPLETED) 22. All pedestrian walkways on site, including parkway multi-use pathways and sidewalks within rights-of-way, shall be lit, at a minimum, no less than .6 foot- candles with 14-fOOt high pedestrian scale lighting, to be of similar design to the parkway lighting used within the MirasoVJog Road parkway corridor. (Planning & Zoning, Police) 23. Prior to the issuance of the Certificate of Occupancy for the financial institution, a CPTED certified police officer shall inspect the structure for compliance with CPTED principles, as outlined in the Police Department memorandum dated February 1, 2002, attached hereto and incorporated herein as “Exhibit D.” (Planning & Zoning, Police) (COMPLETED) 24. Prior to the issuance of the first residential building permit, a CPTED certified police officer shall review construction plans for compliance with CPTED principles, including, but not limited to, strike-hardened doors, peep holes, telephone line . connection box within the garage, building lighting, and lighted address and building numbers. (Planning & Zoning, Police) (COMPLETED) 25. The height of all light poles along the parkway buffer shall not exceed 14 feet in height and shall be metal halide. All lighting shall not conflict with landscaping. (Planning & Zoning, Police) Fire Department 26. Prior to the issuance of the first Certificate of Occupancy for three-story residential buildings, the Fire Marshall shall inspect the units for fire sprinkler installation as required by City Ordinance. (Fire) (COMPLETED) a 1 2 3 4 5 6 7 8 9 10 11 12 13 I4 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 - -- T Dale Prepared May 1,2007 Resolution 7, 2007 Service Station Liahtinq 27. Lighting for the service station canopy shall be recessed and shielded or shall contain a cutoff luminaire within the structure or fixture in which it is located. The lighting source shall not be visible from adjacent properties or rights-of-way. The maximum average foot-candle for the service station shall be 55. (Planning & Zoning) Uses Permitted 28. 29. 30. Uses permitted within the non-residential buildings on site shall be consistent with the permitted use table attached hereto and incorporated herein as “Exhibit E.” Any use hereby not approved which is identified as a conditional use by the City’s LDRs must undergo conditional use analysis and review and be approved by the City Council. Any medical office use on site shall be required to undergo an administrative review, including a parking analysis and a traffic equivalency statement consistent with the approved traffic concurrency, to be approved by the Growth Management Administrator. (Planning & Zoning) Prior to the issuance of each building permit for interior renovations of any non- residential use approved on site, the Applicant or its agent shall submit a breakdown by use of the gross square footage for lease of all buildings containing non-residential uses for approval by the Planning and Zoning Division. The Applicant shall conform to the approved non-residential uses, the thereof, and the total square footage of each approved use for Parcel 4.04 of the PUD as reflected in Exhibit “G,” attached hereto and incorporated herein. (Planning & Zoning) (ONGOING) percentages The total square footage allocated for restaurant use shall not exceed 25% of the total approved square footage for the entire PUD, excluding the square footage approved for the two restaurants located at Buildings C and D. (Planning & Zoning) Disclosure 31. Prior to the issuance of the first residential building permit, except model homes, the master property owners association documents and restrictions shall be furnished by the Applicant to the City Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County. (City Attorney) (COMPLETED) 32. Prior to the issuance of the first building permit, the Applicant shall submit to the City Attorney and the Planning and Zoning Division documents demonstrating unity of control by the Applicant or the property owners association over the entire PUD. (City Attorney, Planning & Zoning) (COMPLETED) 9 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 Dale Prepared: May 1,2007 Resolution 7, 2007 33. Prior to the issuance of the first residential Certificate of Occupancy, the Applicant shall provide to the City Attorney the master property owners association documents containing language disclosing the proximity of the residential area to the commercial buildings, including buildings H and J. (City Attorney) (COMPLETED) Residential Sianage, Lighting. and Accessory Buildings 34. By July 9, 2003, the Applicant shall submit for City Council review and approval an application including details and site plans of the residential sign program, entry features, and all accessory buildings, including gazebos, and lighting for the residential portion of the PUD. (Planning & Zoning) (COMPLETED) Temrsorarv Dumpsters 35. The Applicant shall be permitted two (2) temporary dumpster locations on Parcel H to allow for refuse collection for Buildings A and B. The temporary dumpster locations shall be removed upon construction of the access roads on this parcel or no later than twelve (12) months after the issuance of the final certificate of occupancy for the non-residential portion of Phase I, whichever comes first, at which time the dumpsters shall be relocated to the permanent location indicated on the master site plan or as amended with the Phase II site plans for Buildings H and J. The dumpsters shall be screened with a material consistent with the architecture of Buildings A and B and shall be located in a landscaped area. (Planning & Zoning) Drv-Model Permits Prior to Plattinq 36. The Applicant shall post surety prior to the issuance of a building permit for the model homes for the purposes of demolition and lien protection to remain in effect until the plat is recorded. The amount of the letter of credit shall equal a total of 113 of the hard costs of construction of all of the proposed models, as depicted on the master plan, attached hereto and incorporated herein as Exhibit "C." No more residential permits shall be issued until the residential portion of the PUD is platted. (City Engineering) (COMPLETED) Off-Site Mitigation 37. No land alteration/clearing shall be allowed for the hotel site and 43 parking spaces adjacent to the Parkway Preserve between the central and eastern Donald Ross Road entrances until the City has approved an off-site mitigation plan. (Planning 8, Zoning) 38. Should the Applicant pursue off-site mitigation for the upland preserve, said off-site mitigation shall be approved by a separate instrument. (Planning & Zoning) 10 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 PHASE II Enqineerinq 39. 40. 41. 42. 43. 44. 45. Prior to the issuance of the first building permit, the Applicant shall provide construction plans sufficient to construct the project and meet all applicable ADA and FDOT requirements for handicapped access. (City Engineer) (COMPLETED) The Applicant shall comply with any and all Palm Beach County Traffic Division conditions as outlined in the PBC Traffic Division equivalency and concurrency approval letter dated March 21 , 2001. (City Engineer) The Applicant shall post surety prior to the issuance of the building permit for the model homes for the purposes of demolition and lien protection which surety shall remain in effect until the plat is recorded. The amount of the surety shall equal a total of 1/3 of the hard costs of construction of all of the proposed models, as exhibited in Exhibit "C", Ordinance 53, 2002. No more residential permits shall be issued until the residential portion of the PUD is platted. (City Engineer) Prior to the issuance of the first building permit for any structure, the Applicant shall provide surety, acceptable to the City, for the construction of the public improvements. The Applicant shall provide an annual evaluation and adjustment of the surety for the public improvements to account for inflation and fluctuations of construction costs. The annual evaluation and adjustment shall be performed each year prior to the anniversary of the Development Order approval. (City Engineer) (0 NGOING) Commencing with the date of approval of this amended Development Order and continuing through substantial completion of construction, the Applicant shall bi- annually provide the City with a status report on all the approved elements of the PUD, including a summary of completed construction and schedule of proposed construction over the remaining life of the Development Order. (City Engineer) Six (6) months after the issuance of the first residential building permit and semiannually thereafter until issuance of the final certificate of occupancy, the Applicant, successors, or assigns shall submit a report showing the number of approved permits and certificates of occupancy issued to date for review and approval by the City Engineer. (City Engineer) (ONGOING) The Applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (City Engineer) Date Prepared: May I, 2007 Resolution 7, 2007 I 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 CPTED 46. 47. 48. 49. Metal halide lighting shall be used along streets, pedestrian walkways, parking lots, multi-use pathways, and pedestrian walkways (sidewalks). Multi-use pathways and sidewalks within the site shall be lit at a minimum of 0.6 foot-candles. (Growth Management, Police) Non-glare building lighting shall be installed around the entire building perimeter and on pedestrian walkways. (Police) Timer clock or photocell lighting shall be provided for nighttime use above or near entryways and all exits, including emergency exits. (Police) Prior to the issuance of the first Certificate of Occupancy, the Applicant shall provide pedestrian-scale lighting on the sidewalks adjacent to the property within the adjacent rights-of-way, unless said lighting is already being provided as part of another construction project. (Planning 8, Zoning) Parkinq 50. 51. The Applicant shall submit, at its cost, an annual parking study to determine the actual parking demand on site. The observed demand will be compared to the existing parking supply to determine if the provided parking is adequate to accommodate existing demand plus expected demand generated by the uses that have not yet been issued Certificates of Occupancy. This calculation will include an appropriate buffer between the parking supply and demand as recommended by either the Institute of Transportation Engineers, Urban Land Institute, or other recognized published traffic engineering organizations or resources. The first annual parking study must be submitted when Certificates of Occupancy for 80% of the project’s approved square footage have been issued. The parking study will be performed on an annual basis for a period of five (5) years. Said study shall be performed by an independent professional traffic engineer mutually selected by the Applicant and City staff. The precise methodology shall be agreed upon by both the Applicant and City staff at the time that the study is initiated. At a minimum, the study is to be performed during the peak season and during the peak operating hours on a Thursday, Friday, and Saturday (with the exception of the Christmas and Thanksgiving holidays), or as determined by the Growth Management Administrator. (City Engineer) (ON GO I NG) Should the parking study conclude that the available on-site parking is 90% or more occupied, then the Applicant shall provide a permanent (perpetual) solution to increase parking supply for the project. The solution may include (1) the construction of a parking garage, so long as the elevations are designed to have the appearance of a building other than a garage that is architecturally consistent with the rest of the site; or (2) other viable alternative means as approved by the City Council. When the on-site parking is determined to be 90% or more occupied, 12 Date Prepared: May 1, 2007 Resolution 7, 2007 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: May 1, 2007 Resolution 7,2007 the shared parking study provided by the Applicant shall be considered null and void, and the Applicant shall construct the required parking based on the number of spaces recommended by the above-referenced parking study, or as otherwise determined by the City Council. (City Engineer) 52. Prior to the issuance of any Certificates of Occupancy, the Applicant shall transfer any surety for completed public improvements and post additional surety as necessary to secure 110% of the cost of construction of the additional parking spaces referenced in Condition No. 51 as approved by the City Council. The City shall release neither the surety posted by the Applicant for public improvements nor the additional surety to be paid by the Applicant after completion of said improvements for a period of five (5) years from the date the project receives Certificates of Occupancy for 80% of the approved square footage for the subject site. (Planning & Zoning) (ONGOING) 53. Construction of or provision for additional parking spaces by a permanent (perpetual) alternative means for the project shall be completed within one (1) year of the determination that the on-site parking is 90% occupied. (City Engineer) 54. Hotel Employee parking shall not be allowed on Parcel J. The hotel shall require all employees to park within the shared parking areas within the Planned Unit Development in order to reserve the parking in Parcel J for hotel guests. The Applicant shall install appropriate signage in the Parcel J parking lot that designates the parking is for hotel guests only. (Planning & Zoning) Signage and Occupational Licenses 55. Prior to the issuance of each occupational license or building permit for interior renovations of tenant spaces, the Applicant or its agent shall submit a tabular breakdown by use of the gross square footage for lease, for approval by the Planning and Zoning Division. The table shall include the approved square footages for the retail/mixed-use buildings, which are designated as Buildings A, B, I, and J on the master site plan. The Applicant shlall include the existing uses that have been issued occupational licenses in order to verify that the requested uses do not exceed the allowances approved for professional office (9,000 square feet), medical office (18,387 square feet), retail (45,000 square feet), and restaurant (13,000 indoor dining, 2,400 square feet outdoor dining). (Planning & Zoning) (ON GO I NG) .. 56. b? nC The signage on the north elevation is not to exceed 2’ X 12’, afWk+@n 3’ ,. Y 18’. (Planning & Zoning) 13 Dale Prepared: May 1,2007 Resolution 7, 2007 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 57. The waiver granted for Building J (medical office) shall be contingent upon the Applicant limiting the size of the additional sign on the east elevation of the building. It shall be smaller in size by 25% than the north elevation sign. (Planning & Zoning) 58. All tenant signage (ground-floor users, excluding principal (single-tenant buildings) tenants) shall be limited to a letter height of not more than (NMT) 24”. (Planning & Zoning) 59. Each tenant sign shall be directly affixed to the elevation of the tenant space or bay that the sign identifies. No tenant shall be allowed more than one (1) tenant sign on the same elevation. (Planninq & Zoninq) 60. Prior to the issuance of the building permit for the Sign on the west elevation of the hotel (Building HI. the Applicant shall submit a landscape plan for the PUDs monument sians to ensure adequate screening of the rear of the sians and aesthetic comDatibilitv with the site. The submitted landscaoe plans shall be aDDrOved bv the Citv Forester. (Citv Forester) Miscellaneous Sa. Required digital files of the approved plat shall be submitted to the Planning and Zoning Division prior to the issuance of the first building permit, and approved civil design and architectural drawings shall be submitted prior to the issuance of the first Certificate of Occupancy. (GIs Manager, Development Compliance Officer) ME. Prior to the issuance of the first building permit, the master property owners association documents and restrictions shall be furnished by the Applicant to the City Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County. (City Attorney) (COMPLETED) @I=. Prior to issuance of the first building permit, the Applicant shall submit to the City Attorney and the Planning and Zoning Division documents demonstrating unity of control by the Applicant or the property owners association over the entire site. (City Attorney) (COMPLETED) 62M. Striped awnings shall not be permitted within the Planned Unit Development. (Planning & Zoning) SECTION 5. This Planned Unit Development shall be constructed in compliance with the following plans on file with the City’s Growth Management Department: 1. PUD Site Plan Sheets, Urban Design Studio, 08.25.2004, 7 sheets. 2. Paving & Drainage Plans, Schaefer Fagan, 08.26.2004, Sheets 1 - 20 (20 sheets). 14 , . . . . . . . . - Date Prepared: May 1, 2007 Resolution 7,2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 3. Parking Contingency Plan, Urban Design Studio, 08.18.04, 1 sheet. 4. Parking Garage Floor Plans €4 Elevations, OGS&P, 04.14.04, Sheet GA-1 (1 sheet). 5. Building HI OGS&P, 07.03.03, 1 sheet. 6. Building I, OGS&P, 08.11.04, 1 sheet 7. Building K, OGS&P, 04.05.04, 1 sheet. 8. Building J, OGS&P, 04.05.04, 1 sheet. 9. Landscape Plan PUD Amendment Phase II, UDS, 08.30.04, Cover sheet, L-I through L-12 (12 sheets). IO. Donald Ross Village Signage & Graphics Program, MT Fuller, 19 pages. 11. Hilton Homewood Suites Sign Graphic, Kieffer & Co., Inc.. 01.19.07, 1 sheet. SECTION 6. This approval shall be consistent with all representations made by the Applicant or Applicant's agents at any workshop or public hearing. 24 25 SECTION 7. This Resolution shall become effective immediately upon adoption. 26 27 28 29 30 31 32 33 34 35 36 37 30 39 40 41 42 43 44 45 46 (The remainder of this page left intentionally blank) 15 Date Prepared: May 1,2007 Resolution 7.2007 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 PASSED AND ADOPTED this IJ' day of TU~UC , 2007. ATTEST: BY: BY: fm Pa ricia S ider, CMC,'City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: biiisrne P. Tatum, City Attorney VOTE: -- AYE NAY ABSENT MAYOR RUSSO J-- J --- VICE MAYOR LEVY COUNCILMEMBER JABLIN COUNCILMEMBER VALECHE -- J COUNCILMEMBER BARNETT --- / G:\attorney-share\RESOLUTIONS\donald ross vlg amendment - reso 72007 May1 .doc 16 Date Prepared: February 16, 2008 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 47 48 49 RESOLUTION 22,2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE DEVELOPMENT ORDER FOR DONALD ROSS VILLAGE PLANNED UNIT DEVELOPMENT (PUD), BOUNDED BY DONALD ROSS ROAD TO THE NORTH, CENTRAL BOULEVARD TO THE WEST, AND MILITARY TRAIL TO THE EAST, AS MORE PARTICULARLY DESCRIBED HEREIN, TO ELIMINATE CERTAIN CONDITIONS OF APPROVAL RELATED TO THE PROVISION OF SHARED PARKING; PROVIDING CONDITIONS OF APPROVAL; PROVIDING WAIVERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April IO, 2003, the City Council adopted Ordinance 53, 2002, thereby approving the master site plan for a Planned Unit Development (PUD), consisting of 256 multi-family residential units, a 93-room hotel, 9,000 square feet of professional (business) office, 3,236 square feet of gas/convenience store, 4,000 square feet of bank, 88,987 square feet of general retail, 13,000 square feet of restaurant use, 2,400 square feet of outdoor seating area for retail, and 14,873 square feet of drug store on an approximately 45-acre site, generally bounded by Donald Ross Road to the north, Central Boulevard to the west, and Military Trail to the east; and WHEREAS, the City Council approved an area of Reserve Preserve on the master site plan that the Applicant was permitted to develop contingent upon off-site mitigation being provided within the City limits; and WHEREAS, on July 1, 2004, the City Council approved the transference of the rezoning, site plan approval, and the conditions related thereto to a separate Ordinance and Resolution. The zoning set forth in Ordinance 53, 2002 was re-affirmed by Ordinance 23, 2004 and the master site plan, waivers, and conditions of approval were transferred to Resolution 125, 2004; and WHEREAS, on July 1, 2004, the City Council adopted Resolution 125, 2004, which approved the off-site mitigation parcel and a waiver reducing the width of the upland preserve areas along Central Boulevard and Military Trail to provide for utility easements; and WHEREAS, on August 5, 2004, the City Council adopted Resolution 149, 2004, which approved a waiver eliminating the lake maintenance easement along the south side of the 5.09-acre lake on site; and WHEREAS, on November 18, 2004, the City Council adopted Resolution 210, 2004, which approved the development of Phase II of the Donald Ross Village PUD consisting of a 93-room hotel, 18,387 square feet of medical office, 13,500 square feet of retail, a 20,000 square-foot fitness center, and the Master Signage Program (MSP); and WHEREAS, on September 21 , 2006, the City administratively approved a request (ADMN-06-05-000072) from Mr. Marty Minor of Urban Design Studio, on behalf of Donald Ross/Military L.C., amending the Donald Ross Village PUD to allow for the conversion of Date Prepared: February 16, 2008 Resolution 22, 2008 I 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 30 39 40 41 42 43 44 45 46 47 commercial square footage to be utilized as office space consisting of a %-room hotel, 32,009 square feet of commercial retail, a 14,873-square-foot drugstore, 15,400 square feet of quality restaurant, a 3,500 square-foot financial institution with drive-thru, 21,991 square feet of office, 18,387 square feet of medical office, a 20,000 square-foot fitness center, and a 3,236 square-foot gas station; and WHEREAS, on June 21, 2007, the City Council adopted Resolution 7, 2007, which approved an amendment to the Donald Ross Village PUD increasing the size of the signage on the west elevation of the hotel from 36 square feet to 53 square feet (Building H) and allowing one additional flat/waII sign for tenants located in Buildings A, B, C, D, I, J, and K that have two or more elevations facing a right-of-way or primary entrance; and WHEREAS, the City has received a request (PUDA-07-11-000013) from Mr. Marty Minor of Urban Design Studio, on behalf of Donald Ross/Military L.C., for approval of an amendment to the Donald Ross Village PUD to allow for the deletion of Conditions #50 through #53 of Resolution 7, 2007, to remove all requirements associated with shared parking; and WHEREAS, the Growth Management Department has reviewed the application, has determined that it is sufficient, and has recommended its approval; and WHEREAS, the City Council has considered the evidence and testimony presented by the Applicant and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED 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. The development plans for the Donald Ross Village Planned Unit Development as amended by application PUDA-07-11-000013 are hereby APPROVED on the following described real property, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL D ESC RI PT IO N : THE PLAT OF THE SHOPS OF DONALD ROSS REPLAT OF TRACT "A" AS RECORDED IN PLAT BOOK 98, PAGE 157, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following waivers: 2 Date Prepared: February 16, 2008 Resolution 22, 2008 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 47 1. Waiver from City Code Section 78-1 53, Nonresidential zoning district regulations, to allow a five-story hotel building (Building H). 2. Waiver from City Code Section 78-285, Signage, to allow identification signage on the top of the fifth floor western elevation of Building H. 3. Waiver from City Code Section 78-344 (I) (I), Parking stall and bay dimensions, to allow for 9.5-foot wide parking stalls for the area adjacent ti0 the hotel building. 4. Waiver from City Code Section 78-344 (I) (I), Parking stall and bay dimensions, to allow 16.5-foot long parking stalls for parking spaces adjacent to the hotel use. 5. Waiver from City Code Section 78-285, Signage, to allow for an additional sign on the west elevation of Building H. 6. Waiver from City Code Section 78-285, Signage, to allow for an additional building identification wall sign on Building J. 7. Waiver from City Code Section 78-563, Lake maintenance tracts, to allow encroachments within the lake maintenance easements. 8. Waiver from City Code Section 78-285, Signage, to allow for one additional flat/waII sign for tenants that have two or more elevations facing a right-of-way or primary entrance, which are located in buildings A, B, C, D, I, J, and K. SECTION 4. This Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the Applicant, its successors, or assigns: Build-Out Date 1. Pursuant to the terms of Ordinance IO, 2003, the build-out date for this development is December 31 , 2004. All infrastructure and common-area landscaping shall be completed for the commercial and residential uses prior to this date. (Planning & Zoning) (COMPLETED) Temporarv Trailers 2. Any trailers used on site for construction, security, or marketingkales purposes shall meet the requirements set forth in Section 78-159 of the Land Development Regulations. (Planning & Zoning) Temporarv Signs 3. The Applicant shall be permitted one 36 square-foot temporary development sign per right-of-way frontage (for a maximum total of three (3)). Any additional temporary development signs shall require separate approval by the City Council. (Planning & Zoning) 3 Date Prepared: February 16, 2008 Resolution 22, 2008 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 Master Sian Plan 4. Prior to the issuance of the first Certificate of Occupancy for any structure on site, the Applicant shall submit an application for and receive approval from the City Council for a detailed master sign package for both the residential and non-residential portions of the site. The master sign plan shall include wall signs and monument signs proposed for the commercial uses on site, as well as entry features, address numbers, and building numbers for the residential uses on site. The master sign plan shall also include directional signs, traffic regulatory signs, and building directory signs. Neon signs and internally illuminated aluminum channel wall signs shall not be permitted. Backlit reverse channel wall signs and soffit signs may be permitted. (Planning & Zoning) (COMPLETED) Gatewav Sign 5. If the City Council makes a decision on the specific location(s) and design of the City entryway signs applicable to the Donald Ross Village PUD, the Applicant shall file an administrative amendment petition with the Growth Management Department to modify the location(s) of the proposed monument signs at the Donald Ross Village PUD in accordance with the City Council decision. The specific locations may include the southwest corner of Donald Ross Road and Military Trail and the southeast corner of Central Boulevard and Donald Ross Road within the Donald Ross Village PUD property. The Applicant shall construct and maintain said entryway sign(s) within 12 months of the City Council’s approval of the entryway sign plan. (Planning & Zoning) (COMPLETED) Future Site Plans for Phase II 29 30 31 32 33 34 35 36 e. 37 38 39 40 8z. 41 42 43 44 45 46 47 48 Future site and architecture plans for parcels within Phase II shall comply with the architectural guidelines set forth by this Ordinance, attached hereto and incorporated herein as Exhibit “B.” (Planning & Zoning) (COMPLETED) Future site plans for parcels within Phase II shall substantially comply with “build-to streetline” standards (building footprint having a zero-foot setback to spine road sidewalk), attached hereto and incorporated herein as Exhibit “C”, to enhance “main street” environment in this location. (Planning & Zoning) (COMPLETED) 4 Date Prepared: February 16, 2008 Resolution 22, 2008 1 2 3 4 5 6 7 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 39 40 41 42 43 44 45 46 47 a 3a Art in Public Places 98. The Applicant shall be required to provide Art in Public Places should construction costs exceed $1 million, pursuant to the Land Development Regulations. All public art shall be reviewed and approved by the Art in Public Places Advisory Board. If the Applicant is proposing to provide art on site to meet the Art in Public Places requirement, then the art shall be approved and installed prior to the issuance of the final commercial Certificate of Occupancy for Phase I. (Planning & Zoning) (COMPLETED) Right-of-Wav Landscapinq 4-02. The median and adjacent shoulder landscaping and irrigation for Donald Ross Road, Military Trail, and Central Boulevard shall be installed and completed within six (6) months from the issuance of the first clearing permit. (City Forester) (COMPLETED) Wu. The Applicant, successors, and assigns shall be responsible for their fair share of the landscape, irrigation, and maintenance of the median and adjacent roadway shoulder landscaping for Donald Ross Road, Military Trail, and Central Boulevard per Ordinance 36, 2002 (a/k/a Roadway Beautification Plan). (City Forester) (ONGOING) QU. Detailed Landscape Plans referenced in Condition #H-O 2 shall be prepared by the Applicant based on the City Roadway Beautification Plan, and shall be submitted to the City for staff review no later than ninety (90) days after the effective date of this Development Order. (Planning & Zoning) (COMPLETED) 1. Prior to the issuance of the first building permit, the Applicant shall place monies, in an amount equal to 110% of the cost of the landscape improvements referenced in Condition 9, in an escrow account established by the Applicant to be used by its successors or assigns to complete the project. In the event the City of Palm Beach Gardens or another entity forms a special district pertaining to the landscape maintenance of contiguous rights-of-way, then the Donald Ross Village property owners association, successors, or assigns shall automatically become a member of such special district. This condition may be amended at any time by a separate agreement between the Applicant and the City Palm Beach Gardens. (Planning & Zoning) (COMPLETED) Environmental Mu. By May 12, 2003, the Applicant shall submit a restoration plan for the two (2) disturbed wetlands located at the northwest corner and southeast corner of the subject site. (Planning & Zoning) (COMPLETED) lau. No land alteration/clearing shall be allowed until all issues have been satisfied with the Florida Fish and Game Commission regarding the relocation of Gopher Tortoises on or off site. (Planning & Zoning) (COMPLETED) 5 Date Prepared: February 16, 2008 Resolution 22, 2008 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 47 48 %E. All preserve areas, native vegetation, and trees to be preserved shall be identified with protective fencing. The Growth Management Department shall conduct a site visit prior to commencement of land alteration or clearing to confirm that such areas are identified and protected pursuant to City Code. (Planning & Zoning) (COMPLETED) 47E. Prior to the platting of the preserve areas, an upland preserve maintenance plan shall be submitted to the City for review and approval by the City Engineer, City Attorney, and the City Forester. (Planning & Zoning) (COMPLETED) Dedications and Improvements SIJ. All sidewalks within the parkway easements not located within the road rights-of-way shall be dedicated as public access easements and shall be maintained by the master property owners association prior to the issuance of the first commercial Certificate of Occupancy. (Planning & Zoning) Police DepartmenVCPTED Design XIS. Numerical addresses shall be located on all builldings and illuminated for nighttime visibility. (Planning & Zoning, Police) 2eB. Parkway and preserve paths shall maximize natural surveillance of the pedestrian users through the selective vegetative management practices. Adjacent to parkway and preserve multi-use pathways, ground cover shall be no higher than 24 inches, and trees having a minimum of 7-foot clear trunk space shall create a natural surveillance. Additional measures may be required by the Police Department per CPTED. (Planning & Zoning, Police) 243. Prior to the issuance of the first non-residential Certificate of Occupancy, all multi-use pathways and/or sidewalks adjacent to preserves shall be reviewed and approved by a CPTED certified police officer with the City. (Planning & Zoning, Police) (COMPLETED) All pedestrian walkways on site, including parkway multi-use pathways and sidewalks within rights-of-way, shall be lit, at a minimum, no less than .6 foot-candles with 14-foot high pedestrian scale lighting, to be of similar design to the parkway lighting used within the MirasoVJog Road parkway corridor. (Planning & Zoning, Police) 23z. Prior to the issuance of the Certificate of Occupancy for the financial institution, a CPTED certified police officer shall inspect the structure for compliance with CPTED principles, as outlined in the Police Department memorandum dated February 1 , 2002, attached hereto and incorporated herein as “Exhibit D.” (Planning & Zoning, Police) (COMPLETED) 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 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: February 16, 2008 Resolution 22, 2008 24a. Prior to the issuance of the first residential building permit, a CPTED certified police officer shall review construction plans for compliance with CPTED principles, including, but not limited to, strike-hardened doors, peep holes, telephone line connection box within the garage, building lighting, and lighted address and building numbers. (Planning & Zoning, Police) (COMPLETED) %a. The height of all light poles along the parkway buffer shall not exceed 14 feet in height and shall be metal halide. All lighting shall not conflict with landscaping. (Planning & Zoning, Police) Fire Department 222. Prior to the issuance of the first Certificate of Occupancy for three-story residential buildings, the Fire Marshall shall inspect the units for fire sprinkler installation as required by City Ordinance. (Fire) (COMPLETED) Service Station Liahtinq ZZ. Lighting for the service station canopy shall be recessed and shielded or shall contain a cutoff luminaire within the structure or fixture in which it is located. The lighting source shall not be visible from adjacent properties or rights-of-way. The maximum average foot-candle for the service station shall be 55. (Planning & Zoning) Uses Permitted Uses permitted within the non-residential buildings on site shall be consistent with the permitted use table attached hereto and incorporated herein as "Exhibit E." Any use hereby not approved which is identified as a conditional use by the City's LDRs must undergo conditional use analysis and review and be approved by the City Council. Any medical office use on site shall be required to undergo an administrative review, including a parking analysis and a traffic equivalency statement consistent with the approved traffic concurrency, to be approved by the Growth Management Administrator. (Planning & Zoning) 332. The total square footage allocated for restaurant uses shall not exceed 31,620 square feet. The Applicant shall be entitled to additional outdoor seatina for restaurant uses, subiect to compliance with Section 78-1 91 of the Citv Code. (Planning & Zoning) 7 Date Prepared: February 16, 2008 Resolution 22, 2008 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 47 Disclosure =a. Prior to the issuance of the first residential building permit, except model homes, the master property owners association documents and restrictions shall be furnished by the Applicant to the City Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County. (City Attorney) (COMPLETED) 323. Prior to the issuance of the first building permit, the Applicant shall submit to the City Attorney and the Planning and Zoning Division documents demonstrating unity of control by the Applicant or the property owners association over the entire PUD. (City Attorney, Planning & Zoning) (COMPLETED) Prior to the issuance of the first residential Certificate of Occupancy, the Applicant shall provide to the City Attorney the master property owners association documents containing language disclosing the proximity of the residential area to the commercial buildings, including buildings H and J. (City Attorney) (COMPLETED) Residential Signage, Lighting, and Accessory Buildings 34z. By July 9, 2003, the Applicant shall submit for City Council review and approval an application including details and site plans of the residential sign program, entry features, and all accessory buildings, including gazebos, and lighting for the residential portion of the PUD. (Planning & Zoning) (COMPLETED) Temporarv Dumpsters 353. The Applicant shall be permitted two (2) temporary dumpster locations on Parcel H to allow for refuse collection for Buildings A and B. The temporary dumpster locations shall be removed upon construction of the access roads on this parcel or no later than twelve (12) months after the issuance of the final certificate of occupancy for the non- residential portion of Phase I, whichever comes first, at which time the dumpsters shall be relocated to the permanent location indicated on the master site plan or as amended with the Phase II site plans for Buildings H and J. The dumpsters shall be screened with a material consistent with the architecture of Buildings A and B and shall be located in a landscaped area. (Planning & Zoning) Drv-Model Permits Prior to Plattinq %a. The Applicant shall post surety prior to the issuance of a building permit for the model homes for the purposes of demolition and lien protection to remain in effect until the plat is recorded. The amount of the letter of credit shall equal a total of 1/3 of the hard costs of construction of all of the proposed models, as depicted on the master plan, attached hereto and incorporated herein as Exhi bit “C.” No more residential permits shall be issued until the residential portion of the PUD is platted. (City Engineering) (COMPLETED) 8 Date Prepared: February 16, 2008 Resolution 22, 2008 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 47 Off -S i te Mi tigation 37%. No land alteration/clearing shall be allowed for the hotel site and 43 parking spaces adjacent to the Parkway Preserve between the central and eastern Donald Ross Road entrances until the City has approved an off-site mitigation plan. (Planning & Zoning) %E. Should the Applicant pursue off-site mitigation for the upland preserve, said off-site mitigation shall be approved by a separate instrument. (Planning & Zoning) PHASE II Engineering Prior to the issuance of the first building permit, the Applicant shall provide construction plans sufficient to construct the project and meet all applicable ADA and FDOT requirements for handicapped access. (City Engineer) (COMPLETED) 4433. The Applicant shall comply with any and all Palm Beach County Traffic Division conditions as outlined in the PBC Traffic Division equivalency and concurrency approval letter dated March 21 , 2001. (City Engineer) 44%. The Applicant shall post surety prior to the issuance of the building permit for the model homes for the purposes of demolition and lien protection which surety shall remain in effect until the plat is recorded. The amount of the surety shall equal a total of 113 of the hard costs of construction of all of the proposed models, as exhibited in Exhibit “C”, Ordinance 53, 2002. No more residential permits shall be issued until the residential portion of the PUD is platted. (City Engineer) 4244. Prior to the issuance of the first building permit for any structure, the Applicant shall provide surety, acceptable to the City, for the construction of the public improvements. The Applicant shall provide an annual evaluation and adjustment of the surety for the public improvements to account for inflation and fluctuations of construction costs. The annual evaluation and adjustment shall be performed each year prior to the anniversary of the Development Order approval. (City Engineer) (ONGOING) 4344. Commencing with the date of approval of this amended Development Order and continuing through substantial completion of construction, the Applicant shall bi- annually provide the City with a status report on all the approved elements of the PUD, including a summary of completed construction and schedule of proposed construction over the remaining life of the Development Order. (City Engineer) 4444. Six (6) months after the issuance of the first residential building permit and semiannually thereafter until issuance of the final certificate of occupancy, the Applicant, successors, or assigns shall submit a report showing the number of approved permits and certificates of occupancy issued to date for review and approval by the City Engineer. (City Engineer) (ONGOING) 9 Date Prepared: February 16, 2008 Resolution 22, 2008 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 47 UJ. The Applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (City Engineer) CPTED 464.4. Metal halide lighting shall be used along streets, pedestrian walkways, parking lots, multi-use pathways, and pedestrian walkways (sidewalks). Multi-use pathways and sidewalks within the site shall be lit at a minimum of 0.6 foot-candles. (Growth Manage men t , Po I ice) a>. Non-glare building lighting shall be installed around the entire building perimeter and on pedestrian walkways. (Police) 4.843. Timer clock or photocell lighting shall be provided for nighttime use above or near entryways and all exits, including emergency exits. (Police) M_Z. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall provide pedestrian-scale lighting on the sidewalks adjacent to the property within the adjacent rights-of-way, unless said lighting is already bleing provided as part of another construction project. (Planning & Zoning) Parkinq 10 Date Prepared: February 16, 2008 Resolution 22, 2008 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 47 54-43. Hotel Employee parking shall not be allowed on Parcel J. The hotel shall require all employees to park within the shared parking areas within the Planned Unit Development in order to reserve the parking in Parcel J for hotel guests. The Applicant shall install appropriate signage in the Parcel J parking lot that designates that the parking is for hotel guests only. (Planning & Zoning) Signage and Occupational Licenses 5544. Prior to the issuance of each occupational license and e~ building permit for interior renovations of tenant spaces, the Applicant or its agent shall submit for approval by the Planning and Zoning Division a tabular brealkdown by use of the gross square footage for lease. -dc 56z. The signage on the north elevation is not to exceed 2' X 12'. (Planning & Zoning) The waiver granted for Building J (medical office) shall be contingent upon the Applicant limiting the size of the additional sign on the east elevation of the building. It shall be 25% smaller in size than the north elevation sign. (Planning & Zoning) 58z. All tenant signage (ground-floor users, excluding principal (single-tenant buildings) tenants) shall be limited to a letter height of not more than 24 inches. (Planning & Zoning) 11 Date Prepared: February 16, 2008 Resolution 22, 2008 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 47 aSs. Each tenant sign shall be directly affixed to the elevation of the tenant space or bay that the sign identifies. No tenant shall be allowed more than one tenant sign on the same elevation. (Planning & Zoning) 60%. Prior to the issuance of the building permit for the sign on the west elevation of the hotel (Building H), the Applicant shall submit a landscape plan for the PUD's monument signs to ensure adequate screening of the rear of the signs and aesthetic compatibility with the site. The submitted landscape plans shall be approved by the City Forester. (City Forester) Miscellaneous a%. Required digital files of the approved plat shall be submitted to the Planning and Zoning Division prior to the issuance of the first building permit, and approved civil design and architectural drawings shall be submitted prior to the issuance of the first Certificate of Occupancy. (GIs Manager, Development Compliance Officer) 62z. Prior to the issuance of the first building permit, the master property owners association documents and restrictions shall be furnished by the Applicant to the City Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County. (City Attorney) (COMPLETED) 635J. Prior to the issuance of the first building permit, the Applicant shall submit to the City Attorney and the Planning and Zoning Division documents demonstrating unity of control by the Applicant or the property owners association over the entire site. (City Attorney) (COMPLETED) 64%. Striped awnings shall not be permitted within the Planned Unit Development. (Planning & Zoning) SECTION 5. This Planned Unit Development shall be constructed in compliance with the following plans on file with the City's Growth Management Department: 1. PUD Site Plan Sheets, Urban Design Studio, 08.25.2004, 7 sheets. 2. Paving & Drainage Plans, Schaefer Fagan, 08.26.2004, Sheets 1 - 20 (20 sheets). 3. Parking Contingency Plan, Urban Design Studio, 08.18.04, 1 sheet. 4. Parking Garage Floor Plans & Elevations, OGS&P, 04.14.04, Sheet GA-1 (1 sheet). 5. Building HI OGS&P, 07.03.03, 1 sheet. 6. Building I, OGS&P, 08.1 1.04, 1 sheet 7. Building K, OGS&P, 04.05.04, 1 sheet. 12 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 47 48 8. 9. IO. 11. Date Prepared: February 16, 2008 Resolution 22, 2008 Building J, OGS&P, 04.05.04, 1 sheet. Landscape Plan PUD Amendment Phase II, UDS, 08.30.04, Cover sheet, L-I through L-I 2 (1 2 sheets). Donald Ross Village Signage & Graphics Program, MT Fuller, 19 pages. Hilton Homewood Suites Sign Graphic, Kieffer & Co., Inc., 01.19.07, 1 sheet. 12. Donald Ross Village PUD Site Plan, prepared by Urban Design Studio, 12.21.07, 1 Sheet. SECTION 6. This approval shall be consistent with all representations made by the Applicant or Applicant’s agents at any workshop or public hearing. SECTION 7. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 13 Date Prepared: February 16, 2008 Resolution 22, 2008 1 2 3 4 5 6 7 8 9 10 ATTEST: 11 12 PASSED AND ADOPTED this day of , 2008. CITY OF PALM BEACH GARDENS, FLORIDA BY: Eric Jablin, Mayor 13 BY: 14 15 16 17 18 LEGAL SUFFICIENCY 19 20 21 BY: 22 Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND Christine P. Tatum, City Attorney 23 24 25 26 VOTE: 27 28 MAYOR JABLIN 29 30 VICE MAYOR LEVY 31 32 COUNCILMEMBER RUSSO 33 34 COUNCILMEMBER BARNETT 35 AYE NAY ABSENT 36 COUNCILMEMBER PREMUROSO 37 38 39 40 41 42 43 44 45 46 47 G:\attorney-share\RESOLUTlONS\donald ross village pud amendment - shared parking - reso 22 2008.doc 14 w CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Approved By: City Manager: Date Prepared: April 18,2008 Meeting Date: May 15,2008 Ordinance 9,2008 & Resolution 28,2008 Affected Parties: SUBJECT/AGENDA ITEM Ordinance 9,2008 & Resolution 28,2008: - Mock Property Office Building PUD Second Reading & Public Hearing: A request by Cotleur & Hearing on behalf of Comac Burns Road, LLC, for rezoning from Research and Light Industrial Park (M-1) to a Planned Unit Development (PUD) Overlay with underlying Research and Light Industrial Park (M- 1) zoning district and site plan approval to allow development of a three-story, 48,000 square-foot professional office building. The 3.01-acre site is located on the north side of Burns Road approximately 1,340 feet east of Military Trail. [ X ] Recommendation to APPROVE with four (4) waivers and conditions of approval [ ] Recomnfendation to DENY I I Reviewed by: \ I Originating Dept.: \ City Attorney: Growth Management: Project * Christine P. Planner I 7 1 Development Compliance: I [XI Quasi - Judicial I FINANCE : Finance Administrator: NIA Allan Owens Senior Accountant: [ 3 Legislative [XI Public Hearing Bahareh K. Wolfs, AICP Growth Management AdminiHrator: Advertised: Yes Date: April 30, 2008 Paper: P.B. Post [XI Required [ 3 Not Required [ X ] Notified [ ] NotRequired I Tresha thomas Fees Paid: [ X ] Yes Budget Acct.#: NIA City Council: [XI Approved 1'' Reading [ ]Denial [ ]Postponed [ ] Continued to: April 3,2008 Attachments: Ordinance 9,2008 0 Resolution 28,2008 Applicant's Submittal 0 PBCTraffic concurrency letter Development Plans Color Renderings Date Prepared: April 18,2008 Meeting Date: May 15,2008 Ordinance 9,2008 & Resolution 28,2008 EXECUTIVE SUMMARY A three-story, 48,000 square-foot professional office building is proposed on approximately three acres at 4215 Burns Road. Four waivers are being requested pertaining to the minimum site area required, a ground sign with insufficient right-of-way frontage, a reduction in the width of the building foundation planting, and to allow a deviation in the spacing of trees within a small section of the perimeter buffer. Although the site does not meet the minimum site area required, it exceeds all other property development regulations required in Table 12, Section 78-153 of the Land Development Regulations (see attached table). In addition, the site exceeds the minimum 15% open space requirement by providing nearly 35% of open space throughout the site. The Planning, Zoning, and Appeals Board recommended approval with a vote of 7-0 at the public hearing held on February 26, 2008. Staff is recommending approval of this application with waivers and conditions. At the meeting of April 3, 2008, the City Council voted 5-0 to approve Ordinance 9, 2008 on First Reading, with additional conditions to be added to Resolution 28, 2008, which would provide for a reciprocal cross-parking agreement between the City and the applicant, as well as provide for the testing of the soil and groundwater for contaminants on the site. BACKGROUND The 3.01-acre site is located at 4215 Burns Road between Military Trail and Riverside Drive. A site plan for a warehouse and office building was approved in 1967. The structures previously located on the property were demolished and the property is now vacant. LAND USE & ZONING The land-use designation of the site as shown on the City’s Future Land-Use Map is Industrial (I). The site currently has a zoning designation of Research and Light Industrial Park (M-1). The applicant is requesting approval to rezone to a Planned Unit Development (PUD) Overlay and retain the Research and Light Industrial Park (M- 1) underlying zoning district. The proposed professional office is a permitted use in the Research and Light Industrial Park (M-1) zoning district. The zoning and land-use designations of adjacent properties are as follows: II EXISTING USE I ZONING I LAND-USE II Subject Klock Property Research and Light Industrial Industrial (I) Vacant Land Park (M-1) North & West Public or Institutional (P/I) Recreation Open Space (ROS) Weiss School Park (M-1)/ Conditional Use Industrial (I) Industrial (I) City of Palm Beach Gardens South Research and Light Industrial (CU) Overlay Park (M-1) East Research and Light Industrial Palm Beach Gardens Business Park c 2 Date Prepared: April 18,2008 Meeting Date: May 15,2008 Ordinance 9,2008 & Resolution 28,2008 TRAFFIC CONCURRENCY On June 22, 2007, Palm Beach County Traffic Engineering approved the project for 48,000 square feet of “General Office” use with a build-out date of 201 1 (please see attached correspondence). On October 23, 2007, Boyle Engineering issued a memorandum stating that the City’s traffic consultant, McMahon Associates, Inc., had completed their review (October 9, 2007) of the revised Traffic Impact Statement and that the project may be approved for traffic concurrency. PROJECT DETAILS The current petition PPUD-07-02-000013 proposes the development of a three-story (42.5 feet tall) 48,000 square-foot professional office building on Burns Road approximately 1,340 feet east of Military Trail. The site is currently vacant. Access to the site will be provided from Burns Road on the south and from a private driveway on the west. Architecture The proposed three-story, 48,000 square-foot building will have a modern Mediterranean stucco appearance that is complementary to several existing buildings along Burns Road. Pedestrian entrances will be located on the north and south side building elevations. The architecture includes both vertical and horizontal articulation through the use of pilasters, outriggers, metal pergola with columns, balconies, and railings. The rooflines will be varied, and roofing material will be clay barrel tile in a dual color finish to match the City Hall barrel tile. The base paint color for the building is Winter Mood 512-1 (second and third floor elevations), and the secondary color will be Pittsburgh Paints Olive Grey 5 12-5 (first floor elevation). The exterior windows and doors will be a medium gray tinted insulated, impact resistant glass in a factory coated (white) aluminum “storefront” framing system. The south elevation entry pergola, smooth concrete columns, and the guttering downspout system will also be white. No building wall signage is proposed with this application. A proposed condition of approval requires the applicant to submit to the City a miscellaneous petition application for a master signage program for approval by the City Council in the event the applicant, successors, or assigns desire wall signage for the building in the hture. Ground Sinn - The applicant is proposing a ground sign on the south side of the property adjacent to Bums Road. The proposed ground sign consists of a solid three-foot high base and a 4’x 8’ sign copy area for building identification purposes and three (3) tenants as allowed by City Code. City Code Section 78-285 requires that a property have at least 300 linear feet of public road-right- of-way in order to have a ground sign. The property has 260 linear feet adjacent to Burns Road; therefore, the applicant is requesting a waiver of 40 linear feet. The applicant justifies the waiver request in order to provide proper building identification, the stand-alone nature of this development, and the City’s recreational use located west of the property. 3 Date Prepared: April 18,2008 Meeting Date: May 15,2008 Ordinance 9,2008 & Resolution 28,2008 Use Landscaping and Buffers Parking Spaces Required Provided Required by Code Proposed Parking Pariring The proposed landscape plan provides for a total of 5,929 landscape points, when 4,526 landscape points are required. The landscape materials will include 174 ornamental trees and palms, plus 4,353 accent shrubs, groundcovers, and vines. Of the nine existing trees, six will be relocated and three will be removed. In a limited number of areas, the required foundation planting width of 12.75 feet has been reduced to a minimum of 8.0 feet. This was due to the installation of a required sidewalk to Bums Road as well as extensive architectural modifications made at the request of staff. The applicant is, therefore, requesting a waiver of 4.75 feet for the foundation planting width. The City Code requires that the maximum spacing of trees shall be 60 feet along any perimeter buffer. Because of a conflict with underground utilities and the dry detention area at the northeast comer of the site, it is not possible to plant the required tree. Therefore, the applicant is requesting a waiver to not allow the required tree within this 79.5-foot section of the buffer (see waiver chart on the following page). Parking Per City Code, the professional office building use requires one parking space per 300 square feet. The square footage for this building is 48,000 square feet. A total of 160 parking spaces are required and 161 spaces are being provided, six of which are handicap spaces. For office use, the City Code allows the width of a parking space to be reduced from ten (10) feet to 9.0 feet by 18.5 feet long, subject to approval by the City Council. The applicant is requesting a reduced width of 9.5 feet by 18.5 feet long. Parking requirements are summarized as follows: The following condition is proposed regarding a reciprocal cross parking agreement between the City and the Applicant: Prior to the issuance of the first building permit, the Applicant shall execute a recprocal cross-parking agreement, acceptable to the City Attorney, with the City in order to allow users of the adjacent City recreational Jields to park on the subject site during off-work hours and weekends at no cost to the City. Site Drainage & Environmental A drainage statement by Simmons & White dated July 23, 2007, states the proposed drainage plan includes directing storm flows to on-site dry detention for water quality treatment and storm attenuation by means of paved or grassed swales andor inlets and storm sewer. Legal positive 4 Date Prepared: April 18,2008 Meeting Date: May 15,2008 Ordinance 9,2008 & Resolution 28,2008 outfall exists and consists of overflow and bleed-down to the existing Bums Road storm drainage system near the property’s southern boundary. Building floor elevations will be at or above the level produced by the 100-year, 3-day rainfall event. Pollution and erosion control measures are to be implemented during construction to prevent tracking of sediment off-site. Jn a letter received by the City on August 21, 2007, Ardaman & Associates, Inc., states that the proposed development will have no effect on the groundwater conditions at the City property to the north of the subject. In this regard, the following environmental conditions are being proposed: The Applicant shall not abandon any groundwater monitoring wells on their property without prior written approval from the City Engineer. Within sixty (60) days of notice from the City Engineer, the Applicant shall be responsible for abandoning existing groundwater monitoring wells on their property that are deemed as “not required” by the City Engineer. The abandonment shall be performed in accordance with all applicable South Florida Water Management District (SF WMD), State, and Federal requirements. Prior to and during construction, should any dewatering activities be necessary, the Applicant shall obtain groundwater samples from the dewatering effluent and perform the type of chemical analyses as required by the City Engineer. Following removal of existing concrete poor slabs and prior to initiation of construction, soil and groundwater samples shall be tested for heavy metals and other parameters as required by the City Engineer, with copies of the analytical reports provided to the City Engineer. Prior to the issuance of the land alteration permit, the Applicant shall provide to the City Engineer for review copies of all correspondence to and from the Florida Department of Environmental Protection (FDEP) related to soil and/or groundwater contamination that may be present on their property. The Applicant shall follow all requirements of FDEP related to soil and/or groundwater contamination that may be present on their property. CPTED Compliance Crime Prevention through Environmental Design (CPTED) is a branch of situational crime prevention that maintains the basic premise that the physical environment can be designed or managed to produce behavioral effects that will reduce the incident and fear of crime. The Police Department has reviewed the site plan for the subject property, and has provided staff with several comments pertaining to security on site and adherence to the CPTED principles. These comments will be included in the development order as conditions of approval. WAIVER REQUESTS The applicant is requesting the following four waivers: 5 Code Section Section 78-285, Table 24, Ground Sign Section 78-320, Foundation landscaping and plantings Section 78- Minim um landscape buffer and planting requirements Section 78-153, Table 12: Property Development Regulations 3 19@)(3) RequiredIAllowed One (1) ground sign allowed for first 300 linear feet of right-of-way Minimum foundation planting width to be 30% (12.75 feet) of the height of the adjacent wall (42.5 feet) Spacing: Maximum space of planting trees shall be 60 feet along any perimeter buffer 20 Acres - Minimum Site Area, M- 1 Zoning District Provided One (1) ground sign with 260 linear feet of right- of-way 8.0 feet in areas located along the north building elevation and 9.0 feet along the east and west building elevations 79.5 feet spacing along a limited area at the northeast corner of property adjacent to dry retention area 3 acres Date Prepared: April 18,2008 Meeting Date: May 15,2008 Ordinance 9,2008 & Resolution 28,2008 Waiver/Deviation 40 feet 4.75 feet 19.5 feet 17 acres Recommendation Approval (1) Approval (2) Approval (3) Approval (4) (1) Applicant’s Justification: The applicant is requesting a waiver from the Code requirement of 300 linear feet of right-of-way in order to allow a ground sign. The applicant states that due to the stand-alone nature of the development and the recreational use located to the west of the property there will not be a proliferation of signage in the immediate area. The ground sign is requested for safety purposes to allow approaching drivers to identify the exact location of the project entrance. Staffs Recommendation: Staff notes that the architectural design of the building does not readily allow an appropriate location for identifying wall signage. Staff also realizes that the building needs to be identified to passing motorists. Because it is not possible to place a building identification sign on the building facades, staff believes that a monument sign adjacent to Burns Road would be the most logical location for identifying signage. In addition, three tenant names would also be allowed as per Code on the monument sign which would serve to identify occupants of the building. Staffrecommends APPROVAL of the waiver request. (2) Applicant’s Justification: The applicant is requesting a waiver from the requirement that foundation plantings be a minimum width of 30% of the height of the adjacent wall of the building. In this circumstance, that would equal foundation plantings 12.75 feet in width. However, the applicant is only able to provide foundation plantings of 8.0 feet in the rear of the building and 9.0 feet along the sides due to modifications to the architecture of the building at the request of staff. 6 Date Prepared: April 18,2008 Meeting Date: May 15,2008 Ordinance 9,2008 & Resolution 28,2008 Staffs Recommendation: Staff notes the differences in foundation planting widths that have been provided. This waiver is specifically for those areas where the architectural features extend outward to provide the building articulation requested by staff. The applicant has exceeded the minimum 15% open space requirement by providing nearly 35% of open space throughout the site in order to compensate for the loss of foundation planting areas. Furthermore, the applicant has provided over 30 percent more landscape points (1,403 points) than the minimum code requirements. Staff recommends APPROVAL of the waiver request. (3 Applicant’s Justification: The applicant is requesting a waiver to increase the spacing of trees along the perimeter buffer located at the northeast comer of the property to avoid conflicts with underground utilities and on-site dry detention. The request is for spacing of trees to be 79.5 feet in this area versus the required 60 feet of spacing which has been reduced to the greatest extent possible. Large mature Live Oak trees exist off-site adjacent to this area which provide sufficient buffering between the two uses. The nominal increase in spacing will in no way affect the overall appearance of the site andor reduce the buffering of the use as the landscaping is well in excess of the Code requirements. Staffs Recommendation: Because of a conflict with underground utilities and the dry detention area at the northeast comer of the site, it is not possible to plant the required tree. The applicant is requesting a waiver to eliminate the required tree within this 79.5-foot buffer section. The proposed landscape plan significantly exceeds the perimeter buffer requirements along the rear and west sides of the property by providing nearly three times the number of trees required by Code. Staffrecommends APPROVAL of the waiver request. (4) A~plicant’s Justification: The City’s land development regulations have been developed to ensure that new light industrial projects are developed on properties with enough area to support a mix of light industrial and research type uses. The code has not contemplated the effective development of smaller existing sites located in the City. In this instance, the subject site possesses a (Research and) Light Industrial zoning district designation but can readily support the development of a Professional Office use on this existing lot of record (that does not meet the Code requirements for minimum site area). Staffs Recommendation: The site has been in existence since 1967 and is unable to conform to today’s City Code, which requires a 20-acre minimum site area for development within the M-1 (Research and Light Industrial Park) zoning district. Even though the site does not meet the minimum site area required, the proposed site plan does not overdevelop the site. It complies with all other property development regulations including lot coverage, building height, setbacks, etc., as required in Table 12, Section 78-153 of the LDRs. (Please see attached table.) The site plan also exceeds the minimum 15% open space requirement by providing nearly 35% of open space throughout the site. The previous structure had deteriorated and was further damaged by hurricanes over the past several years, and the site is in need of redevelopment. The proposed professional office use is allowed in this zoning district and would be compatible with other structures within the surrounding area. The building design addresses the allowable bulk and mass by providing 7 Date Prepared: April 18,2008 Meeting Date: May 15,2008 Ordinance 9,2008 & Resolution 28,2008 lot coverage of 12.30% when 40.0% maximum is allowed and by maintaining a building height of 42.5 feet when 50 feet is allowed by Code. The applicant has provided landscape points that exceed those required by Code, which will further reduce the impact of the building on the site. Stuffrecommends APPROVAL of the waiver request. PLANNING, ZONING, AND APPEALS BOARD COMMENTS At a public hearing on February 26, 2008, the Planning, Zoning, and Appeals Board reviewed the subject petition and voted 7 to 0 to recommend approval to the City Council. CITY COUNCIL COMMENTS At its meeting of April 3, 2008, the City Council voted 5-0 to approve Ordinance 9, 2008 on First Reading, with several conditions to be added to Resolution 28, 2008. These conditions provide for a reciprocal cross-parking agreement between the City and the applicant, as well as testing the soil and groundwater for contaminants on the site. STAFF RECOMMENDATION Staff recommends APPROVAL of Ordinance 9, 2008 and Resolution 28, 2008 with four waivers and the conditions contained therein. Jhkase filesiKlocklStaff Report Klock City Council 2"d reading.doc 8 Date Prepared: April 18,2008 Meeting Date: May 15,2008 Ordinance 9,2008 & Resolution 28,2008 Property Development Regulations (Table 12, Sec. 78-153, LDRs) Mock Property Office Building Planned Unit Development Zoning District M-1 (Research and Light Industrial Park) Property Development Regulations Table Required/Allowed by Provided Code Minimum Site Area Minimum Building Site Area 20 acres 3 acres (Waiver Requested) 16,144 square feet 10,000 square feet minimum 1 Minimum Lot Width 1 100 feet minimum 260 feet I Maximum Lot Coverage 40% maximum 12.30% Maximum Building Height (feet) Front Side Side (street facing) Rear 50 feet 42.5 feet 25 15 15 20 93.4 84.0 84.0 223.6 9 Cotleur & Hearing December 26,2006 Revised Friday June 15,2007 Revised Wednesday January 15,2007 Revised Friday February 08,2008 Revised Tuesday March 04,2008 Klock Property Office Building Petit ion N a r ra t ive General Project Description The Klock property is a three (3) acre property located on the north side of Burns Road, just west of the 1-95 overpass and across the street from the Weiss School. The property possesses an Industrial zoning designation and consistent M 1 comprehensive future land use map designation. The parcel is surrounded by properties with identical land use and zoning designations with the exception of the property to the west, which is owned by the City of Palm Beach Gardens and has a Public/Institutional (PI) zoning designation. The Applicant is proposing to develop a professional office use, permitted by code, on the 3.01 acre parcel. The building is planned to be three-stories in height and shall comply with the maximum fifty (50) foot height requirement. The overall building square footage shall be 48,000 square feet. One-hundred and sixty-one (161) parking spaces are required for this site by code and the Applicant has provided 162 parking spaces. , The parking shall not exceed the permitted 10% overage as outlined in LDR Section 78-345(d)(l), which allows for overages as per approval from the Growth Management Director. Five (5) handicap spaces are included within the parking total. The open space program provides for greater than 45,000 square feet (34%) of open space, beyond the 15% required by code. Landscape buffers surround the perimeter of the site, including a twenty (20) foot buffer along the frontage on Burns Road. The minimum required foundation planting has been provided around the proposed building, at a minimum width of ten (10) feet for a three-story building, required by code. Complete vehicular circulation has been provided through out the site. The proposed plan depicts two ingress/egress points. The site can be entered from both Burns Road and the concrete drive leading to the City baseball fields and City Hall along the west side of the site (drive also connects to Burns Road). Traffic can circulate around the entire building and parking has been situated to prevent “dead-ends”. A covered vehicle drop-off area has also been provided at the entrance of the building facing Burns Road. A pedestrian connection has been provided from Burns Road into the site. The sidewalk connects the Office Building use to the public sidewalk located on Burns Road. The pedestrian circulation system wraps around the building and provides access to both first-floor points of entry. This is required due to the Florida Building Code and is the basis for one of three waivers requested by the Applicant. Cotleur& Hearing Klock Property Office Building Pre-Application Narrative Signage: Building signage shall be applied for by way of a Miscellaneous Petition for Master Sign Program approval at a later date. A monument sign has been requested as part of this petition and is required to be approved by way of a waiver due to the lack of property frontage. Stacking Distance: The Petitioner shall seek the approval of the City Engineer to reduce the listed minimum 100 feet of stacking distance for the principal entrance from Burns Road. The proposed stacking distance to the first point of conflict measures 93.4 feet. Approval of the reduced Stacking distance along Burns Road is justified due to the free flow into the site and the stop conditions that will be established for east and west traveling traffic exiting the site. The west entrance is accessed from a private driveway and is exempt from the stacking distance requirement. This is evident in the City’s parking layout and lack of stacking distance within their parking lots located adjacent to the west and north of the subject site. Architecture: The architecture of the structure will be compatible with the character and architectural flavor of the existing buildings along Burns Road. The proposed layout of the building will include an articulated central entry with an accessible elevator. Staircases will be located at both ends. The modern Mediterranean appearance is in keeping with this type of professional office use and includes both vertical and horizontal articulation through building design and treatment. Specific treatments include pilasters, outriggers, metal pergola with columns, balconies and railings, varied rooflines, clay barrel tile roofing and the use of a dual color finish. The result is a formal appearance with repetition of elements that juxtapose this building with the Mediterranean architecture that exists at the City Hall building to the northwest and the Weiss School across Burns Road. Pedestrian Circulation & Amenities: A minimum five (5) foot wide pedestrian sidewalk has been provided from Burns Road into the site. The sidewalk also extends around the entire building allowing pedestrians access to the two points of entry from any parking area within the property. Specialty pavers and/or concrete treatment shall be used for pedestrian crossings and for all pedestrian surfaces in accordance with all applicable Americans with Disabilities Act requirements. Multiple bicycle racks, benches and trash receptacles have been provided around the building for the convenience of employees, clients and visitors to the site (see site data for exact number of above referenced amenities). Vehicular Circulation, Parking & Loading: All vehicular drives throughout the site are two-way and twenty-five (25) feet width, with parking spaces at the permitted 9.5 feet width by 18.5 feet length. A pick up/drop- off area that is not under-cover is provided for convenient access to the building during times of inclement weather. Terminal islands radii within the expected path of emergency vehicles are a minimum of 20 feet. The total required parking for the development at 48,000 square feet is one hundred and sixty (160) parking spaces. The Cotleur & Hearing 2 Klock Property Ofice Building Pre-A pplication Narrative Petitioner shall not exceed the allowed 10% overage in the total parking provided on- site. The site plan includes one hundred and sixty one (161) parking spaces. Landscaping & Buffers: All LDR required landscape buffers have been provided along each side of the rectangular site. No parking overhangs into the required buffers and plantings within the buffers shall be in excess of the amount of plantings required by the City’s LDRs. Foundation planting areas shall adhere to the 30% requirement for width and height to ensure trees at the time of planting sufficiently cover the adjacent walls of the building. Due to the horizontal articulation in the building design the foundation planting area ranges from 9-13 feet. To comply with CPTED principles of design, trees and shrubs shall be strategically planted and maintained so as to provide to the maximum extent possible clear sight lines to the parking areas around the property. Consistency with City‘s Comprehensive Plan Future Land Use Goal 1.1 Ensure a high quality living environment through a mixture of land uses that will maximize Palm Beach Gardens’ natural and manmade resources while minimizing any threat to the health, safety, and welfare of the City’s citizens that is caused by incompatible land uses and environmental degradation. Development of the now vacant properly would provide employment opportunities within this redeveloping area of the City. The close proximity of the properly to City Hall will create synergies between the public and private sector with respect to the potential tenank who will locate in this premier ofice space. The proposed Professional Ofice use 13 consistent with the vision of the P GA Corridor as an employment center and with the Qty3 Comprehensive Plan which seeks opportunities for local employment. Transportation Goal 2.1 The transportation system in Palm Beach Gardens shall be convenient, safe, and efficient for all persons living in and traveling through the city. The proposed project has Palm Beach County concurrency sign off for up to 48,000 square feet and complies with the County’s Trafic Performance Standard (WS) requirements for trafic generation. The site is located within one half mile of a public transpottabon stop. Housing Goal 3.1 The provision of an adequate mix of safe and sanitary housing which meets the needs of existing and future Palm Beach Gardens’ residents. Not applicable as the project is Professional Ofice. Infrastructure Goal 4.A.1 Cotleur & Hearing 3 Klock Property Office Building Pre-Application Narrative Provide adequate central sanitary sewage faculties for residents and commercial development in the City. A sanitary sewer plan shall be developed and approved by the Gty of Palm Beach Gardens before permits are released. The site has been serviced with the previous industrial use, therefore suficient service exists for the proposed Professional Ofice use. Goal 4.8.1 Provide access to solid waste management and disposal facilities for the City of Palm Beach Gardens through the planning period of Year 2015. The site will be serviced by waste management and the applicant has provided the necessary dsposal facilities on site. A dumpster with recycling has been furnished at the northeast corner of the site, Goal 4.8.2 Develop and implement a hazardous material management plan for the City This goal is not applicable because the commercial use will not generate hazardous material. Goal 4.C.1 Provide adequate city-wide drainage and stormwater management for all property in the City. A conceptual drainage/stormwater management plan has been developed and final engineering plan shall be approved by the city before permils are released The project specifies a 0.37 acre dry retention area to accommodate staged storage. Goal 4.D.l The provision of a safe, healthy and dependable potable water supply to all residents and businesses in the City. Not applicable, the property is already connected to and serviced by Seacoast Utifi& Authority. New easements and connections shall be developed and water demand shall be re-analyzed for the Professional Ofice use which is proposed to be a total of 48,000 square feet. Goal 4.D.2 The conservation and protection of public drinking water supplies. The applicant will conserve and protect public drinking water by implementing best management efforts throughout the development process. Goal 4.E.1 Increase groundwater recharge where practicable. Cotleur& Hearing 4 Klock Property Office Building Pre-Application Narrative A skyificant portion of the north end of the subject site is proposed to be set aside for the recharge of groundwater through an on-site retention area. The area set aside for groundwater re-charge will meet the requirements of the South Florida Water Management Distrtd. Coastal Management Goal 5.1 Ensure social, economic, and environmental resources of the Palm Beach Gardens coastal area are maintained and enhanced through the regulation of development activities that would damage or destroy such resources, or threaten human life and cause unnecessary public expenditures in areas subject to destruction by natural disasters. Not applicable because the project location 13 not in close proximity to a coastal area. Conservation Goal 6.1 The natural resource of the City of Palm Beach Gardens shall be preserved or managed in a manner which maximizes their protection, functions, and values. nis element is not appbcable as thk is an existing developed propeq. The applicant is proposing to add s@nificant amount3 of native vegetation to the site by conforming to the City's landscape code. Recreational and Open Space Goal 7.1 Adequate recreation and open space facilities and areas offering a broad range of activities, convenient access, appropriate improvements, and sound management shall be provided to all citizens of Palm Beach Gardens with active and passive recreation opportunities in the interest of personal health, entertainment, and constructive use of leisure time. nis element is not applicable due to the site being commercially zoned. Intergovernmental Coordination Goal 8.1 Establish effective coordination measures among all pertinent public and quasi-public entities so to best maintain Palm Beach Gardens' quality of life and efficient use of resources. ne applicant will need to request project review by Palm Beach County, Seacoast Uh7ity Authority and other pertinent public and quasi-public entities to assist the City's approval. Capital Improvements Cotleur& Hearing 5 Klock Property Office Building Pre-Application Narrative Goal 9.1 Palm Beach Gardens shall use sound fiscal policies to provide adequate public facilities to all residents within its jurisdiction. Fiscal policies must protect investments in exiting facilities, maximize the use of existing facilities, and promote orderly, compact development. The applicant will pay impact fees based on the proposed use and size of the project. These fees will be put towards public facilities for the residents of the Gly. Public Safety Goal 10.1 Continue to provide adequate facilities to ensure the provision of an effective public safety program. The applicant shall abide by all public safely requirements issued by the Glyf including CPTED and Fire Services requirements Public School Facilities Element Goal 11.1 It is a goal of the City of Palm Beach Gardens to assist in providing for future availability of public school facilities consistent with the adopted level of service standards. This goal shall be accomplished recognizing the constitutional obligation of the school district to provide a uniform system of free public schools on a countywide basis. Not applicable as the project 13 Professional Ofice. Economic Development Goal 13.1 The economic goal of the City of Palm Beach Gardens is to achieve a balanced and diversified economy which is compatible with the City's quality built environment and protects important natural resources. The proposed use will promote economic development in the Cily by providing Professional Ofice space for corporate users, locally. Cotleur & Hearing 6 Klock Property Ofice Building Pre-Application Narrative Waivers Requested The petitioner is requesting four (4) waivers from section 78-285 of the City’s LDRs: 1 WAVIER REQUEST SIGNS - SIGN PROGRAM FOUNDATION PLANTING MINIMUM LANDSCAPE BUFFER AND PLANTING REQUIREMENTS APPLICABLE CODE SECTION Section 78-285 (table 24) Section 78- 320(a)(4)(b)( 1 ) Section 78- 3 1 9( b)( 3) Section 78- 153. Table 12 REQUIREMENT I ALLOWANCE Ground sign permitted with minimum 300 feet of property frontage Foundation planting width to be 30% of adjacent wall height (12.75 feet required) Spacing. The max. spacing of planting trees shall be 60 feet along any perimeter buffer Minimum Site Area for Developments in MI Zoning District is 20 acres PROPOSED Request to provide one ground sign with maximum frontage of 260 feet Reduction of foundation plantings in limited areas to a minimum of 8 feet Requesting spacing of 79.5 feet along the site retention area Reduction of 17 acres for minimum site area for development on property zoned MI Relief of 40 feet for the provision of a ground sign for the proposed stand alone building Reduction of 5 feet in limited areas due to FBC required sidewalk access to Burns Road and extensive architectural revisions Relief of 19.5 feet in tree spacing in limited area of the perimeter due to SUA force main and off-site trees providing sufficient buffering Relief of 17 acres to allow for a permitted use on an property with existing MI designation Justifications for Four (4) Waiver Requests: 1. Signs - Sign Program The request is to allow for a ground sign to be located at the project entrance. The property is being developed with a 48,000 square foot stand-alone professional office building. The minimum frontage required for a permitted ground sign is 300 linear feet. The property measures a total length of 260 linear feet. Due to the stand alone nature of the development and the recreational use located to the west of the property, the request to allow for a ground sign is appropriate and will in no way add to the proliferation of signage in the immediate area. The ground sign is requested for safety purposes to allow approaching drivers of the exact location of the project entrance for clients and patrons of the office tenants. Cotleur & Hearing 7 Klock Property Office Building Pre-Application Narrative 2. Reduced Foundation Planting Width - Waiver to allow for a reduction in foundation plantings in limited areas to a minimum of eight (8) feet. The Applicant is requesting the approval of a reduction in the minimum foundation planting requirement in limited areas around the building based on a Florida Building Code requirement that specifies that unobstructed pedestrian access be granted from all points of egress to a public right-of-way. In this instance the rear egress door (north elevation) requires a sidewalk that allows for safe pedestrian access around the building to the public sidewalk located on Burns Road. The Applicant has also made extensive modifications to the architecture of the building at the request of Planning Staff which created significant articulation in the wall, thus creating enhanced architectural aesthetics. Those areas that are not reduced in width exceed the 12.75 foot minimum width requirement and are 13 feet in width. In additiona the applicant has provided additional planting area at the front of the project, significantly scaling back the hardscape areas to include more plantings and has also increased the groundcover areas along the east property boundary effectively lowering the sod area for the project to under 40% (to 36% total). The request will allow for all required plantings required adjacent to the building (no reduction in size or quantity of material). 3. Increase Spacing of Perimeter Plantings (Limited Area) - Waiver to allow for an increase in spacing between perimeter landscaping along a limited portion of the perimeter buffer. The Applicant is requesting the approval of an increase in the spacing of trees along a limited area of the perimeter buffer to accommodate the on-site retention and the existing Seacoast Utility Authority force main located along the property boundary. The Applicant has reduced the need for this waiver to the greatest extent possible and only requires relief in the north east corner of the property in a limited area. The request is for spacing of trees to be 79.5 feet in this area versus the required 60 feet spacing. Large mature Live Oak trees exist off-site, adjacent to this area which provides for sufficient buffering between the two uses. The nominal increase in spacing will in no way affect the overall appearance of the site and/or reduce the buffering of the use as the landscaping is well in excess of the code requirements. 4. Minimum Site Area (M1 Zoning District - 20 acres) - Waiver to allow for the development of a permitted use on a 3 acre parcel of land that possesses an Mi zoning district designation. The Applicant is requesting the approval of a waiver to allow for the development of a 3 acre property possessing the Light Industrial and Research Zoning District designation to allow for the development of a Professional Office building (a permitted use) on the existing lot of record. The City’s land development regulations have been developed to ensure that new light industrial projects are developed on properties with enough area to support a mix of light industrial and research type uses. The Code has not contemplated the effective development of smaller existing sites located in the City. In this instance the subject site possesses a Light Industrial zoning district designation but can Cotleur& Hearing 8 Klock Property Office Building Pre-Amdication Narrative readily support the development of a Professional Office Use on this existing lot of record (that does not meet the code requirements for minimum site area). Conclusion This request for a Planned Unit Development approval for a Professional Office development is in harmony with the City’s Comprehensive Plan and Zoning Code, and is consistent with the existing surrounding land uses. The subject site is an infill site, which is encouraged by the City’s Comprehensive Plan. In addition, the request meets all adopted levels of service within the City. The Applicant is requesting four (4) waivers which are minimal in nature. The Applicant looks forward to meeting with City representatives to discuss the revisions and improvements to the site plan and respond to any outstanding comments or issues that staff may have. The Applicant is requesting that Staff re-review the re-submittal expeditiously to allow this petition to move forward to public hearing upon certification from Growth Department Staff. Cotleur & Hearing 9 ENVIRONMENTAL CONCERNS PALM BEACH GARDENS, FLORIDA FORMER SERMATECHlKLOCK FACILITY - BURNS ROAD I: 15 oLr understanding that there is a concern that the plarned construction at the former site will affect the grouridwatcr at the City of Palm Beach Gdrdcrls property to I cr:*i The proposec develoDment will include a mid-rise off,ce building (without J basement The groundwater table is at a depth of 6 fwt drid it is not rWed that excavations to install utility lines will reach that depth so that rio dewatering \*Jill be required In addition. the facilities will be connected to the Ci!y wwtr 2nd water ?er/lc,t-s and there will be no wells to produce potable or irrigation water Cmsequently. the cjrounc!water will not be affected and any plume present at the Palm Beach Gardens property to the north will not be affected ,twc4) <iiic! surrocintling pavement 1- zodition to the &ove the results of the latest rounds of tests on Groundwater samples from the site show that the contamination levels due to the conditions at the Palm Beach Gardens property ro the north have abated to levels below concern The monitorinq program will likely be I: 2criniinLecf before any constrilction IS underway at the subject site i ~~irxniary, the proposed development will have no effect on the grouridwater rorlchtions at the City property to the north of the subject site t’’ease c!o not heqitate to contact our office if you have nay qJestioris or rec;!iire additional i ‘c r :v ,a t io ri reg a rd i -1 cj t h i s matt e r ARDAMAN & ASSOCIATES. INC. I SIMMONS WHITE ENGINEERING I PLANNING I CONSULTING I SINCE 1982 January 4,2007 Revised 61 13/07 Job NO. 06-132 DRAINAGE STATEMENT Klock Property Palm Beach Gardens, Florida SITE DATA The subject parcel is located on the north side of Burns Road between 1-95 and Military Trail in the City of Palm Beach Gardens, Florida and contains approximately 3.16 acres. The Property Control Number for the subject parcel is 52-42-42- 12-00-000- 1080. The parcel is the former Mock Industries property which was approximately 35% office space and 65% warehouse space (8204 S.F. office, 15,237 S.F. warehouse). Proposed site development consists of removal of all existing development and construction of a 48,000 S.F. office with a project build-out of 2009. Site access is existing via a full access driveway connection to Burns Road. For additional information concerning site location and layout please refer to the attached Site Plan prepared by Cotleur & Hearing. SITE DRAINAGE The proposed drainage plan includes directing storm flows to on-site dry detention for water quality treatment and storm attenuation by means of paved or grassed swales and/or inlets and storm sewer. Legal positive outfall is existing and consists of overflow and bleed-down to the existing Burns Road storm drainage system near the property’s southern boundary. Drainage design will address the following: 1. Due consideration to water quality. 2. Parking lots and driveways to be protected from flooding during the 5 year, 1 day event. “IV U 3T: pni.h;l S[)I G&J! Simmons & White, Inc. 5601 Corporate Way T: 56 1.478.7848 Suite 200 West Palm BeachPMlPW&P‘Lf~N& - T;, u“ *(i,, F: 56 1.478.3738 www. s i rn rn o ns a n dw h I te. co m‘ Certificate of Authorization Number 3452 DRAINAGE STATEh4ENT January 4,2007 - Page 2 Revised 61 13/07 Job NO. 06- 123 SITE DRAINAGE (CONTINUED) 3. Building floor elevations to be at or above the level produced by the 100 year, 3 day rainfall event. 4. Pollution and erosion control measures are to be implemented during construction to prevent tracking of sediment off-site. Required permitslapprovals shall include the following: 1. City of Palm Beach Gardens Engineering Department Drainage Approval. 2. South Florida Water Management District Environmental Resource Permit if the final development plan results in an excess of 2 acres of impervious area. Raudel Pola, P.Ei ,/ FL Reg. No. 62980 / 11 J a: x:/docs/trafficdrainage/ds.06 132rev.word BOWL€ Engineering Excellence Since 1942 3550 SW Corporate Parkway Palm City, Florida 34990 772.286.3883 Fax 772.286.3925 www.bovleenqineerinq.com ~ ~- Employee Owned Memorandum File # 16465 TO: Stephen Mayer FROM: Jim Orth, P.E. DATE: October 23,2007 F& SUBJECT: Klock Property Traffic Impact Statement CITY OF PAlM BCH GDNS OCT 3 1 2007 The City’s traffic consultant, McMahon Associates, Inc., has completed their review of the Traffic Impact Statement prepared by Cotleur Hearing Inc. dated August 20,2007 and received August 23, 2007 pursuant to the Palm Beach County Traffic Performance Standards for the above referenced project. They have provided the following comments: All the previous comments have been addressed and the project can be approved for traffic concurrency. The Approval is for the replacement of the existing warehouse/office building with a new office building as follows: Existing: Warehouse: 15,237 square feet General Office: 8,204 square feet Proposed: General Office: 48,000 square feet A copy of McMahon Associates, Inc. comment memorandum dated October 09, 2007 is attached. A copy of Palm Beach County Traffic Division’s comment memorandum will be forwarded upon receipt. If you have any questions or require additional information, please do not hesitate to contact me at (561) 799-4288. JRO/irk cc: Kari Irwin - Palm Beach Gardens (kinvin @pbgfl.com) John Kim - McMahon Associates - (john.kim@mcmtrans.com) Masoud Atefi - PBCTD -) itchfAllOK .ZShOC'IA'TL~. INC 7741 N. Military Trail 1 Suite 5 I Palm Beach Gaidcns. FL 33410 www. m c m t ran s .coin p 561-840-8650 I f 561-840 8590 McMAHON TECHNICAL MEMORANDUM TO: James R. Orth, P.E., Assistant City Engineer City of Palm Beach Gardens i'l<[K~'ll',\l ' Joseph W. McMahim, P.t. Rodiiry P. Plourde, Ph.0 , P,t Joseph J. DeSantis, P.E.. PTOF Williarii T Steifens Johll S. DePalr~~ i\ 5 so LX I ,\ .I h Casey A. Moore, P.E Gary R. McNaughtoii. P.E.. PTOC Jolm J. MitcIieII. P.E Christopher J. William5. P.F John F. Yacaprin, P.t Thoma, A. Ha!! FROM: John P. Kim, P.E., PTOE, Senior Project Manager cc: Dan Clark, P.E. - Boyle Engineering, Inc. SUBJECT: Klock Property Traffic Impact Statement - 4th Revision McMahon Project No. M05159.53 DATE: October 9,2007 McMahon Associates, Inc. (McMahon) has reviewed the responses from Cotleur Hearing. All of the previous comments have been addressed and the project can be approved for traffic concurrency. The approval is for the replacement of the existing warehouse/office building with a new office building as follows: Existing: Warehouse: 15,237 square feet General Office: 8,204 square feet Proposed: General Office: 48,000 square feet The City's traffic concurrency approval will expire December 31, 2011. Please contact me with any questions or concerns you may have. F.\FL\05159m\05159m-53 - Klock Property\Admin\Klock Property 100907.doc \I.\ Boston l',\ Fort Washington I Exton I Mechanicsburg hl Yardville FI Palm Beach Gardens 1 Fort Lauderdale I Fort Myers 1 Miami Department of Engineering and Public Works PO. Box 21229 West Palm Beach, FL 33416-1229 (561) 684-4000 www.pbcgov.com Palm Beach County Board of County Commissioners Addie L. Greene. Chairperson eff Koons. Vice Chair Haren T. Marcus Warren H. Newell Mary McCarty Burt Aaronson Jess R. Santamaria County Administrator Robert Weisman "An Epa/ Gporhrniv AJjirmanve Acnon Empayer' June 22,2007 Ms. Judy A. T. Dye Assistant City Engineer Cityof Palm Beach Gardens - LBFH Inc. 3550 S.W. Corporate Pkwy. Palm City, FL 34990 RE: Klock Property - Revised Plan Project #: 070425 TRAFFIC PERFORMANCE STANDARDS REVIEW Dear Judy: The Palm Beach County Traffic Division has reviewed the traffic study for the revised development phq of !he previously approved office project entitled Mock Property pursuant to the Traffic Performance Standards in Article 12 of the Palm Beach County Land Development Code. The project is summarized as follows: Location: Municipality: PCN #: Existing Uses: Prev. Approval: Proposed Uses: New Daily Trips: New PH.Ttips: Build-ou 1: North side of Burns Road, between 1-95 and Military Trail. Palm Beach Gardens. 8,204 SF General Office and 15,237 SF Warehouse - to be demolished. 42,200 SF General Office. 48,000 SF General Office. 487 58 AM and 65 PM 201 1 18-42-42-1 2-00-000-1 080 Based on our review, the Traffic Division has determined that the proposed office project meets the Traffic Performance Standards of Palm Beach County. No building permits are to be issued by the town, after the build-out date, specified above. The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. If you have any questions regarding the above comments, please contact me at 684- 4030. Sincerely, Masoud At- TPS Adrnin' CC: Simmons &White File: General - TPS Mun. 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I - 0 I 9 e 9 A a I 9 U \ L' A m I 9 f! 9 - D I 9 F- 0. 7' 9 ALAN STRASSLER ARCHITECTS. INC. - m "UT* - UIC a-0 .yIat*D(m FL- um (I!) an-- .AI In) ucom mmcAry m wlKa2lnml I**rsama,o A NEW OFFICE BUILDING ON THE KLOCK PROPERTY PALM BEACH GARDENS, FLORIDA ROOF PLAN SCALE 1/8' = 1'-0" MA* Y SmA- "W I 1; I ! I I I I I I I 1 I I t E 1 2 3 4 5 6 7 8 9 '1 0 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 9,2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA RELATING TO REZONING; REZONING A PARCEL OF LAND CONSISTING OF 3.01 ACRES, LOCATED ON THE NORTH SIDE OF BURNS ROAD APPROXIMATELY 1,340 FEET EAST OF MILITARY TRAIL, AS DESCRIBED MORE PARTICULARLY HEREIN, FROM RESEARCH PLANNED UNIT DEVELOPMENT (PUD) OVERLAY WITH AN UNDERLYING ZONING DISTRICT OF RESEARCH AND LIGHT KLOCK PROPERTY OFFICE BUILDING PUD; PROVIDING REVISIONS TO THE ZONING DISTRICT MAP; AND PROVIDING AN EFFECTIVE DATE. AND LIGHT INDUSTRIAL PARK (M-I) ZONING DISTRICT TO INDUSTRIAL (M-I) ZONING DISTRICT TO BE KNOWN AS THE WHEREAS, the City received application PPUD-07-02-000013 from Cotleur & Hearing, Inc., on behalf of Comac Burns Road, LLC, for an approval of the Klock Property Office Building Planned Unit Development (PUD) to allow for the development of one building consisting of 48,000 square feet of professional office use on a 3.01- acre parcel located on the north side of Riverside Drive approximately 1,340 feet east of Military Trail, as more particularly described herein; and WHEREAS, the subject site is currently zoned Research and Light Industrial Park (M-I ) and has a land-use designation of Industrial (I); and WHEREAS, the Growth Management Department has reviewed the application, has determined that it is sufficient, and has recommended approval; and WHEREAS, the Planning, Zoning, and Appeals Board held a public hearing on February 26, 2008, and has recommended approval of the rezoning to the City Council with a vote of 7-0; and WHEREAS, the City Council, as the governing body of the City of Palm Beach Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the City's Land Development Regulations, is authorized and empowered to consider petitions related to zoning and land development orders; and WHEREAS, the City Council has considered the evidence and testimony presented by the Applicant and other interested parties and the recommendations of the various City of Palm Beach Gardens and Palm Beach County review agencies and staff; and Date Prepared: March 3, 2008 Date Prepared: March 3, 2008 Ordinance 9. 2008 1 2 3 4 5 6 7 8 9 IO 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 WHEREAS, the City Council has determined that adoption of this Ordinance is in the best interests of the citizens and residents of the City of Palm Beach Gardens, Florida; and WHEREAS, the City Council has determined that this Ordinance is consistent with the City's Comprehensive Plan based on the following findings of fact: 1. The proposed rezoning of Planned Unit Development (PUD) Overlay with an underlying zoning of Research and Light Industrial Park (M-I) is consistent with the future land-use designation of Industrial (I). 2. The proposed rezoning is in harmony with the general purpose and intent of the Comprehensive Plan and the Land Development Regulations, and is compatible with the intensity and density of the surrounding, existing, and future land uses. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The zoning of the following-described property is hereby changed from Research and Light Industrial Park (M-I) to Planned Unit Development (PUD) with an underlying zoning of Research and Light Industrial Park (M-I): LEGAL DESCRIPTION KLOCK PROPERTY OFFICE BUILDING THE SOUTH 530 FEET OF THE EAST 260 FEET OF THE WEST 320 FEET OF THE SOUTHWEST '/4 OF THE SOUTHEAST % OF THE NORTHEAST '/4 OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA. SECTION 2. The City Manager is hereby authorized and directed to make appropriate changes on the zoning district map of the City to effectuate the purpose of this Ordinance. SECTION 3. This Ordinance shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 2 Date Prepared: March 3, 2008 Ordinance 9, 2008 1 2 3 4 5 6 7 8 9 IO 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 47 PASSED this 3pD day of 9fPIc , 2008, upon first reading. PASSED AND ADOPTED this day of , 2008, upon second and final reading. CITY OF PALM BEACH GARDENS BY: Eric Jablin, Mayor - David Levy, Vice Mayor Joseph R. Russo, Councilmember Jody Barnett, Councilmember Robert G. Premuroso,Councilmember ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Christine P. Tatum, City Attorney G:\attorney-share\ORDlNANCESUtlock rezoning - ord 9 2008.docx 3 FOR AGAINST ABSENT Date Prepared: March 3, 2008 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 RESOLUTION 28,2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE KLOCK PROPERTY OFFICE BUILDING PLANNED UNIT DEVELOPMENT (PUD) TO ALLOW THE DEVELOPMENT OF ONE BUILDING CONSISTING OF 48,000 SQUARE FEET OF PROFESSIONAL PARTICULARLY HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. OFFICE USE ON A 3.01-ACRE PARCEL, AS DESCRIBED MORE WHEREAS, the City Council, as the governing body of the City of Palm Beach Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the City’s Land Development Regulations, is authorized and empowered to consider petitions related to zoning and land development orders; and WHEREAS, the City has received application PPUD-07-02-000013 from Cotleur & Hearing, Inc., on behalf of Comac Burns Road, LLC, for approval of the Klock Property Office Building Planned Unit Development (PUD) to allow for the development of one building consisting of 48,000 square feet of professional office use on a 3.01- acre parcel located on the north side of Burns Road approximately 1,340 feet east of Military Trail, as more particularly described herein; and WHEREAS, the subject site has been rezoned by Ordinance 9, 2008 to a Planned Unit Development (PUD) overlay with an underlying zoning of Research and Light Industrial Park (M-I). The subject site has a future land-use designation of Industrial (I); and WHEREAS, the Growth Management Department has reviewed the application, has determined that it is sufficient, and has recommended approval; and WHEREAS, the Planning, Zoning, and Appeals Board reviewed the petition at its February 26, 2008, public hearing and recommended approval by a vote of 7-0; and WHEREAS, the City Council has considered the evidence and testimony presented by the Applicant and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City of Palm Beach Gardens. 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: March 3, 2008 Resolution 28, 2008 NOW, THEREFORE, BE IT RESOLVED 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. Application PPUD-07-02-000013 for the Klock Property Office Building Planned Unit Development (PUD) is hereby APPROVED to allow the development of one building consisting of 48,000 square feet of professional office use on a 3.01-acre parcel located on the north side of Burns Road and approximately 1,340 feet east of Military Trail, as more particularly described below, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL DESCRIPTION KLOCK PROPERTY OFFICE BUILDING THE SOUTH 530 FEET OF THE EAST 260 FEET OF THE WEST 320 FEET OF THE SOUTHWEST % OF THE SOUTHEAST % OF THE NORTHEAST % OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA. SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following four (4) waivers: 1. Section 78-153, Table 12, Minimum sife area, to allow a minimum site area of 3.01 acres. 2. Section 78-285, Table 24, Ground sign, to allow one ground sign with 260 linear feet of right-of-way. 3. Section 78-320, Foundation landscaping and plantings, to allow a minimum 8-foot width along the north building elevation and a minimum 9-foot width along the east and west building elevations. 4. Section 78-31 9(b)(3), Minimum landscape buffer and planting requirements, to allow 79.5 feet between the trees along the retention area at the northeast corner. SECTION 4. This approval is subject to the following conditions, which shall be the responsibility of the Applicant, its successors, or assigns: Planning and Zoninq 1. Prior to the issuance of the first building permit, the Applicant shall comply with Section 78-262 of the City Code relative to Art in Public Places by providing art on site or making payment in lieu thereof. The Art in Public Places Advisory Board 2 Date Prepared: March 3, 2008 Resolution 28. 2008 7 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 shall review and make a recommendation to the City Council on any proposed art on site, which shall be installed prior to the issuance of the first Certificate of Occupancy, or as determined by the application for approval of the art. (Planning & Zoning) 2. Prior to initiation of vertical construction, the Applicant shall install a six-foot tall construction fence with a privacy tarp around the entire property line. (Planning & Zoning) 3. No building wall signage shall be allowed with this approval. A miscellaneous petition application for a master signage program shall be submitted to the City for approval by the City Council in the event the Applicant, successors, or assigns desire building wall signage in the future. (Planning & Zoning) Landscaping 4. 5. 6. 7. Prior to the issuance of the Certificate of Occupancy, the Applicant, successors, and assigns shall install landscaping and irrigation according to the approved plan along the road shoulder of Burns Road. (City Forester) The Applicant, successors, and assigns shalt maintain the landscaping and irrigation along the road shoulder of Burns Road from the eastern property terminus to the western property terminus. (City Forester) Prior to the issuance of the building permit for vertical construction, the Applicant shall preserve and relocate one Oak Tree as indicated on the approved landscape plan and donate it to the City. The Oak Tree is to be relocated to a public area at no expense to the City. (City Forester) All utilities on site, including Seacoast Utility Authority valves and Florida Power and Light equipment, shall be screened with landscaping from public view. (City Forester) Engineering 8. The Applicant shall copy to the City all permit applications, permits, certifications, and approvals. (City Engineer) 9. The Applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (City Engineer) 10. Prior to construction plan approval and the issuance of the first land alteration permit, the Applicant shall provide a cost estimate for the project, including public infrastructure and all landscaping and irrigation costs for review and approval by the City in order to establish surety. The cost estimate shall be signed and sealed by an engineer and landscape architect registered in the State of Florida. Surety 3 Date Prepared: March 3, 2008 Resolution 28, 2008 1 2 3 4 5 11. 6 7 8 12. 9 10 11 12 13 14 15 16 13. 17 18 19 20 21 22 23 24 14. 25 26 27 28 15. 29 30 31 32 33 16. 34 35 36 37 17. 38 39 40 41 42 18. 43 44 45 46 will be based on 110% of the total combined approved cost estimates and shall be posted with the City prior to the issuance of the first building permit, in accordance with Sections 78-309 and 78-461 of the LDR. (City Engineer) Prior to the issuance of the first land alteration permit, the Applicant shall prepare a plat, which shall be approved by the City and recorded. (City Engineer) Prior to construction plan approval and the issuance of the first land alteration permit, the Applicant shall provide cost estimates in accordance with LDR Sections 78-309 and 78-461 for on-site project improvements, not includinq public infrastructure, or landscaping and irrigation costs, for review and approval by the City. The cost estimates shall be signed and sealed by an engineer and landscape architect registered in the State of Florida and shall be posted with the City prior to the issuance of the first land alteration permit. (City Engineer) The construction, operation, and/or maintenance of any elements of the subject project shall not have any negative impacts on the existing drainage of the surrounding areas. If at any time during the project development it is determined by the City that any of the surrounding areas are experiencing negative drainage impacts caused by the project, it shall be the Applicant’s responsibility to cure said impacts in a period of time and a manner acceptable to the City prior to additional construction activities. (City Engineer) Prior to the issuance of the first land alteration permit, the Applicant shall submit signed/sealed/dated construction plans (paving/grading/drainage and watedsewer) and all pertinent calculations for review and comment. (City Engineer) The Applicant shall comply with any and all Palm Beach County Traffic Division conditions as outlined in PBC Traffic Division equivalency and concurrency approval letters. The build-out date for this project shall be December 31 , 201 1. (City Engineer) Prior to construction plan approval and the issuance of the first land alteration permit, the Applicant shall schedule a pre-permit meeting with City staff. (City Eng i nee r) Prior to the issuance of the first land alteration permit, the Applicant shall provide to the City letters of authorization from the applicable utility companies allowing landscaping and light poles to be placed within the utility easements. (City Engineer) The Applicant shall notify the City’s Public Works Division at least ten working days prior to the commencement of any workkonstruction activity within any public right- of-way within the City of Palm Beach Gardens. In the case of a City right-of-way, the Applicant has at least five working days to obtain a right-of-way permit. Right- of-way permits may be obtained at the Building Division. Failure to comply with 4 Date Prepared: March 3, 2008 Resolution 28, 2008 1 2 3 4 Police this condition could result in a Stop Work Order of all worklconstruction activity within the public right-of-way and the subject development site. (Public Works) 5 6 19. 7 8 9 10 11 12 13 20. 14 15 16 17 21. 18 19 20 21 22 22. 23 24 25 26 27 28 29 30 31 32 23. 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Prior to the issuance of the first Certificate of Occupancy, all on-site lighting shall be installed. All exterior pedestrian walkway lighting shall utilize 12-foot pedestrian scale light poles, and all on-site lighting shall consist of metal halide or equivalent lighting approved by the Police Department and shall not conflict with planted landscaping. The luminaire type should optimize light distribution and minimize glare and up lighting. (Police Department) Landscaping shall not obstruct the view from windows or walkways. Ground cover should not exceed 24 inches in height, and high-branched trees should be trimmed to seven feet. (Police Department) Prior to the issuance of the first Certificate of Occupancy for the building, the Applicant shall provide photocell sensor engaged lighting, “dusk to dawn”, above or near entryways, on all four sides of building and adjacent sidewalks for the building. (Police Department) Prior to the issuance of the first Certificate of Occupancy for the building, all entry doors (non-glass single/double) shall be equipped with astragal over the threshold of the locking mechanism, and case hardened deadbolt locks shall be provided on all exteriodinterior doors with a minimum one-inch throw or mechanical interlock. Doors secured by electrical operation shall have a keyed-switch or signal-locking device to open the door when in the locked position. Exterior doors should have a holding force of at least 1000 Ibs. Door hinges shall employ non-removable hinges, and the main entries to the building shall be wired for a closed-circuit digital camera surveillance system. (Police Department) Prior to the issuance of the first building permit, the Applicant shall submit a construction site security and management plan for review and approval by the Police Department. Non-compliance with the approved security and management plan may result in a Stop Work Order. (Police Department) a. The developer/project manager, after site clearing and placement of construction trailers, shall institute security measures to reduce or eliminate opportunities for theft. The management plan shall include, but not be limited to, temporary lighting, security personnel, vehicle barriers, construction/visitor pass, reduce/minimize entry/exit points, encourage subcontractors to secure machinery and tools at the end of the work day, and/or any other measure deemed appropriate to provide a safe and secure working environment. 5 Date Prepared: March 3, 2008 Resolution 28, 2008 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 b. The security management plan shall be maintained throughout the construction phase of the project. Non-compliance with the approved plan shall result in a Stop Work Order for the entire planned unit development. 24. Prior to the issuance of the first Certificate of Occupancy for the building, all numerical addresses shall be placed at the front and rear of the building. The numerical address shall be illuminated for nighttime visibility, with an uninterruptible A.C. power source, shall consist of twelve-inch high numbers, and shall be a different color than the color of the surface to which it is attached. The rear door(s) of the building shall have an illuminated six-inch number on or alongside the door. (Police Department) 25. Prior to the issuance of the first Certificate of Occupancy, roof top numbers shall be placed parallel to the addressed street, only visible from the air. The numerals should be blocked lettered, weather-resistant material, four feet in height and 18 inches wide. (Police Department) 26. The Applicant shall target harden all structures, including, but not limited to: a. b. C. d. e. f. g. h. Building shall be wired for an alarm system. Doors shall be equipped with a metal plate over threshold of the locking mechanism. Interior doors to offices shall have 180-degree peephole viewers or a vision panel. Case-hardened, commercial grade dead-bolt locks shall be installed on all exterior doors with a minimum of one-inch throw into the strike receiving the bolt. The cylinder shall have a cylinder guard and a minimum of five pin tumblers. Door hinges shall be installed on the interior side of door or non-removable hinge pins or a mechanical interlock to preclude removal of the door from the exterior. Doors secured by electrical operation shall have a keyed-switch or a signal- locking device to open the door when in a closed position. Glazing in interior doors, or 40 inches within of any locking device shall be rated burglary-resistant glazing. It is strongly recommended that a digital CCTV system be installed to monitor all vehicle and pedestrian activity. 6 Date Prepared: March 3, 2008 Resolution 28, 2008 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 i. Bicycle racks should be placed in close proximity to buildings and not within parking lots. j. All hatchway openings to the roof shall be secured from inside with a slide bolt or slide bars. Outside hinges shall be equipped with non-removable pins. k. Exteriorhnterior pedestrian doors which provide access into the parking lot shall be solid core with burglary-rated vision panels, and where applicable, emergency doors shall have no exterior handles. Panic hardware shall have a self-locking mechanism, may have one locking point, and shall have a protective astragal attached to the exterior of the door. I. Interior hallways need to have ample lighting eliminating dark corners, should consider intercom system for added safety. m. Elevators shall have shatter resistant reflective material so placed as to make interior of cab visible to users before entering elevator. n. Stairwells shall have shatter-resistant convex mirrors at each landing and enclose or restrict access to areas beneath the stairway at ground level. Miscellaneous 27. Prior to the issuance of the Certificate of Occupancy, digital files of the approved plat shall be submitted to the Planning and Zoning Division, and approved civil design and architectural drawings, including floor plans, shall be submitted prior to the issuance of the first Certificate of Occupancy. (GIs Manager, Development Compliance Officer) 28. Prior to the issuance of the first building permit, the Applicant shall execute a reciprocal cross-parking agreement with the City, which is acceptable to the City Attorney, in order to allow users of the adjacent City recreational fields to park on the subject site during off-work hours and weekends at no cost to the City. (Planning & Zoning, City Attorney) Environmental 37 38 29. 39 40 41 30. 42 43 44 45 46 The Applicant shall not abandon any groundwater monitoring wells on its property without prior written approval from the City Engineer. (Engineering) Within sixty (60) days of notice from the City Engineer, the Applicant shall be responsible for abandoning existing groundwater monitoring wells on its property that are deemed as “not required” by the City Engineer. The abandonment shall be performed in accordance with all applicable South Florida Water Management District (SFWMD), state, and federal requirements. (Engineering) 7 Date Prepared: March 3, 2008 Resolution 28, 2008 1 31. 2 3 4 5 6 32. 7 8 9 10 11 33. 12 13 14 15 16 17 18 Prior to and during construction, should any dewatering activities be necessary, the Applicant shall obtain groundwater samples from the dewatering effluent and perform the type of chemical analyses as required by the City Engineer. (Engineering) Following removal of existing concrete floor slabs and prior to initiation of construction, soil and groundwater samples shall be tested for heavy metals and other parameters as required by the City Engineer, with copies of the analytical reports provided to the City Engineer. (Engineering) Prior to the issuance of the land alteration permit, the Applicant shall provide to the City Engineer for review copies of all correspondence to and from the Florida Department of Environmental Protection (FDEP) related to soil and/or groundwater contamination that may be present on their property. The Applicant shall follow all requirements of FDEP related to soil and/or groundwater contamination that may be present on its property. (Engineering) SECTION 5. This Planned Unit Development (PUD) approval shall be constructed in compliance with the following plans on file with the City’s Growth 19 20 Management Department: 21 22 1. 23 24 25 26 2. 27 28 29 30 3. 31 32 4. 33 34 35 36 5. 37 38 6. 39 40 41 Site Plan, Site DetaiIs/Amenity Plan, Landscape Plans and Site Plan Area Calculations by Cotleur & Hearing dated March 5, 2008, Sheets 1-5, and received by the City on March 5, 2008. Architectural Floor Plan 3.1 dated May 24, 2007; Life Safety Floor Plan 3.2 dated July 12, 2007; Elevations Plan 4.1 dated May 24, 2007; Roof Plan 7.1 dated May 24, 2007, 4 sheets by Alan Strassler Architects, Inc. Monument Sign Elevations received by the City on February 14, 2008. Material/Color Board E. 1 and Colored Perspective Elevations Drawing 4.1 by Alan Strassler Architects, dated May 24, 2007, and received by the City on February 8, 2008. Photometric Plan dated November 16, 2007, by Cotleur & Hearing, 1 sheet. Topography Survey by Wallace Surveying dated November IO, 2006, and received by the City on June 19, 2007. SECTION 6. This approval shall be consistent with all representations made by 42 43 44 45 46 the Applicant or Applicant’s agents at any workshop or public hearing. SECTION 7. This Resolution shall become effective immediately upon adoption. 8 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 47 Date Prepared: March 3, 2008 Resolution 28, 2008 PASSED AND ADOPTED this day of , 2008. CITY OF PALM BEACH GARDENS BY: Eric Jablin, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: -- AYE NAY ABSENT --- MAYOR JABLIN --- VICE MAYOR LEVY --- COUNCILMEMBER RUSSO --- COUNCILMEMBER BARNETT COUNCILMEMBER PREMUROSO - - G:\attorney-share\RESOLUTlONS\klock pud - reso 28 2008.docx 9 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: April 24,2008 Meeting Date: May 15,2008 Resolution 36,2008 SubjecVAgenda Item: Cimarron Cove [XI Recommendation to APPROVE 1 ] Recommendation to DENY Reviewed by: 7%- City Attorney Finance Administrat& rJlA Submitted by: _- ,&,f > ,.'ceJ Daniel P. Clark, P.E. City Engineer Approved by: City Mdagjd Originating Dept.: Engineering &-*. t I *.,-&4' Daniel P. Clark, P.E. City Engineer Advertised: Date: Paper: [ X ] Not Required Affected parties [X ] Notified / [ ] Not required Costs: $ NIA (Total) !§ NIA Current FY Funding Source: [ ] Operating [XI Other Budget Acct.#: Council Action: [ ]Approved [ ]Approved wl [ ] Denied [ ] Continued to: conditions I Attachments: Resolution 36,2008 [ ]None Page 2 of 2 Date Prepared: April 24,2008 Meeting Date: May 15,2008 Resolution 36,2008 STAFF RECOMMENDATION Cimarron Cove -Plat being a portion of the southeast one-quarter of Section 35, and the west one-half of Section 36, Township 41 South, and Range 42 East located on the southwest comer of Elm Avenue and Victoria Falls Boulevard. Staff recommends approval of Resolution 36,2008. Date Prepared: April 24, 2008 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 47 RESOLUTION 36,2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE CIMARRON COVE PLAT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Engineer has reviewed the Cimarron Cove plat; and WHEREAS, the City Engineer has determined that the proposed plat meets all the technical requirements of the City’s Land Development Regulations and Chapter 177, Florida Statutes, and recommends approval of the plat; and WHEREAS, the plat is consistent with the City’s Comprehensive Plan and LDRs; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED 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. The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the Cimarron Cove plat consisting of five (5) sheets, prepared by Perimeter Surveying and Mapping, attached hereto as Exhibit “A.” SECTION 3. This Resolution shall become effective immediately upon adoption. (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 46 47 CITY OF PALM BEACH GARDENS, FLORIDA ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney Eric Jablin, Mayor VOTE: MAYOR JABLIN VICE MAYOR LEVY COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER Date Prepared: April 24, 2008 Resolution 36, 2008 PASSED AND ADOPTED this day of , 2008. RUSSO -- AYE NAY ABSENT --- --- BARNETT PREMUROSO G:\attorney-share\RESOLUTiONS\PLAT -cirnarron cove - reso 36 2008.doc 2 Date Prepared: April 24, 2008 Resolution 36, 2008 EXHIBIT A STATE OF FLORIDA COUNTY OF PALM BEACH SURVEYOR’S CERTIFICATE LOCATION MAP NOT TO SCALE SS CERTIFICATE OF REVIEW BY CITY’S SURVEYOR SURVEYORREVIEWING SURVEYOR 1 CITY OF PALM BEACH GARDENS CITY OF PALM BEACH GARDENS APPROVAL OF PLAT I N T E R S T A T E 9 5 M I L I T A R Y T R A I L C E N T R A L B L V D . HOOD ROAD 16. THE UTILITY EASEMENTS, AS SHOWN HEREON AND DESIGNATED AS UE ARE HEREBY GRANTED IN PERPETUITY TO ALL GOVERNMENTAL ENTITIES RESPECTIVE UTILITY FACILITIES. INCLUDING CABLE TELEVISION SYSTEMS. THE INSTALLATION OF CABLE TELEVISION SYSTEMS SHALL NOT INTERFERE WITH THE INSTALLATION, OPERATION AND/OR MAINTENANCE OF OTHER PUBLIC UTILITIES. IMPROVEMENT DISTRICT FOR THE CONSTRUCTION, OPERATION, INSPECTION, AND MAINTENANCE OF WATER MANAGEMENT FACILITIES, THE ASSIGNS, WITHOUT RECOURSE TO THE CITY OF PALM BEACH GARDENS. AND DO HEREBY DEDICATE AND RESERVE AS FOLLOWS; ASSOCIATION, INC., A FLORIDA CORPORATION, NOT FOR PROFIT, ITS REMOVAL OR DESTRUCTION OF TREES, SHRUBS OR OTHER VEGETATION WITH THE EXCEPTION OF EXOTIC NUISANCE VEGETATION REMOVAL, ANY OTHER ACTIVITIES DETRIMENTAL TO DRAINAGE, FLOOD CONTROL, WATER CONSERVATION, EROSION CONTROL, OR FISH AND WILDLIFE HABITAT CONSERVATION OR PRESERVATION. 12. THE WATER MANAGEMENT MAINTENANCE EASEMENTS (WMME’S), AS SHOWN HEREON, ARE HEREBY GRANTED TO THE NORTHERN PALM BEACH PROPERTY HEREIN DESCRIBED TO INSTALL, OPERATE AND MAINTAIN THEIR AND PUBLIC AND PRIVATE UTILITIES WITH THE RIGHT TO ENTER UPON THE LANDS THEREIN AND THEREUNDER BEING THE PERPETUAL MAINTENANCE 17. THE WATER MANAGEMENT EASEMENTS (WME’S) AS SHOWN HEREON, ARE HEREBY DEDICATED TO THE NORTHERN PALM BEACH COUNTY OF ADJACENT WATER MANAGEMENT FACILITIES, SAID EASEMENTS PROFIT, ITS SUCCESSORS AND/OR ASSIGNS, WITHOUT RECOURSE COUNTY IMPROVEMENT DISTRICT (NPBCID) FOR ACCESS AND MAINTENANCE TO SAID NPBCID. AND ASSIGNS WITHOUT RECOURSE TO THE CITY OF PALM BEACH GARDENS. THESE GROUND, DUMPING OR PLACING SOIL OR OTHER SUBSTANCES SUCH AS TRASH, ASSOCIATION, ITS SUCCESSORS AND ASSIGNS, WITHOUT RECOURSE TO THE NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT AND WITHOUT RECOURSE TO THE CITY OF PALM BEACH GARDENS. PALM BEACH COUNTY IMPROVEMENT DISTRICT AND WITHOUT RECOURSE TO THE CITY OF PALM BEACH GARDENS. AREAS ENCUMBERED BY SEACOAST UTILITY EASEMENTS, WATER LINE EASEMENTS AND SEWER LINE EASEMENTS ARE FOR THE EXCLUSIVE USE OF THE SEACOAST UTILITY AUTHORITY AND NOT FOR USE BY OTHER UTILITY PROVIDERS WITHOUT WRITTEN CONSENT FROM THE SEACOAST UTILITY AUTHORITY. HAVE CAUSED THE SAME TO BE SURVEYED AND PLATTED AS SHOWN HEREON, NOT FOR PROFIT, ITS SUCCESSORS AND ASSIGNS, FOR WATER MANAGEMENT BEING THE PERPETUAL MAINTENANCE OBLIGATION OF THE CIMARRON COVE NOT LIMITED TO CONSTRUCTION OR PLACING OF BUILDINGS ON OR ABOVE THE SUCCESSORS AND ASSIGNS FOR COMMON AREAS CONSERVATION PURPOSES AND ARE THE PERPETUAL RESPONSIBILITY OF SAID ASSOCIATION, ITS SUCCESSORS ITS SUCCESSORS AND/OR ASSIGNS, WITHOUT RECOURSE TO THE NORTHERN FOR THE CONSTRUCTION, OPERATION, INSPECTION AND MAINTENANCE OF WATER MANAGEMENT FACILITIES. THE LANDS THEREIN AND THEREUNDER OBLIGATION, TO CONSTRUCT, OPERATE, INSPECT AND MAINTAIN WATER MANAGEMENT FACILITIES WITHIN THESE EASEMENTS. NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT (NPBCID) GARDENS. SAID NORTHERN SHALL HAVE THE RIGHT, BUT NOT THE 19. THE PEDESTRIAN ACCESS EASEMENTS, AS SHOWN HEREON, ARE HEREBY 18. WATER MANAGEMENT EASEMENTS OVER ALL OF TRACTS L-1, L-2 AND L-3, AS SHOWN HEREON, ARE HEREBY DEDICATED TO DEDICATED TO THE PUBLIC FOR PEDESTRIAN INGRESS-EGRESS PURPOSES. NOTES: PURPOSES AND SHALL BE THE PERPETUAL MAINTENANCE RESPONSIBILITY OF SAID ASSOCIATION, ITS SUCCESSORS AND ASSIGNS, WITHOUT RECOURSE ACKNOWLEDGEMENT ss THIS PLAT WAS FILED FOR RECORD AT THIS DAY OF , 200 , AND DULY RECORDED IN PLAT BOOK ON PAGES THROUGH . SHARON R. BOCK, CLERK AND COMPTROLLER BY:_________________DC AS SHOWN HEREON, ARE HEREBY DEDICATED IN FEE SIMPLE TO THE CIMARRON TO THE NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT AND WITHOUT RECOURSE TO THE CITY OF PALM BEACH GARDENS. AND ARE THE PERPETUAL MAINTENANCE OBLIGATION OF SAID ASSOCIATION, OPEN SPACE PURPOSES AND ARE THE PERPETUAL MAINTENANCE OBLIGATION OF SAID A FLORIDA CORPORATION, NOT FOR PROFIT, ITS SUCCESSORS AND/OR BEING THE PERPETUAL MAINTENANCE RESPONSIBILITY OF THE CIMARRON NOT FOR PROFIT, ITS SUCCESSORS AND ASSIGNS, WITHOUT RECOURSE TO SAID NPBCID AND WITHOUT RECOURSE TO THE CITY OF PALM BEACH SAID LAND BEING THE PERPETUAL MAINTENANCE OBLIGATION OF THE CIMARRON 4. TRACTS S-1, S-2, S-3 AND S-4, THE OPEN SPACE TRACTS, ARE HEREBY THIS PLAT HAS BEEN REVIEWED FOR CONFORMITY IN ACCORDANCE WITH CHAPTER 177.081(1) OF THE FLORIDA STATUTES AND THE ORDINANCES OF PALM BEACH GARDENS. THIS REVIEW DOES NOT INCLUDE THE VERIFICATION OF THE GEOMETRIC DATA OR THE FIELD VERIFICATION OF THE PERMANENT CONTROL POINTS (P.C.P.’s) AND MONUMENTS AT LOT CORNERS. THIS DAY OF , 2007. DATE: RICHARD H. SMITH PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA CERTIFICATE NO. LS5239 THIS IS TO CERTIFY THAT THE PLAT SHOWN HEREON IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY MADE UNDER MY RESPONSIBLE DIRECTION AND SUPERVISION; THAT SAID SURVEY IS ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF; THAT PERMANENT REFERENCE MONUMENTS ("P.R.M.’S") HAVE BEEN PLACED AS REQUIRED BY LAW AND THAT PERMANENT CONTROL POINTS (P.C.P.’s) AND MONUMENTS ACCORDING TO SEC. 177.091 (9), F.S., WILL BE SET UNDER THE GUARANTEES POSTED WITH THE CITY OF PALM BEACH GARDENS FOR THE REQUIRED IMPROVEMENTS; AND, FURTHER, THAT THE PLAT AND SURVEY DATA COMPLIES WITH ALL THE REQUIREMENTS OF CHAPTER 177, FLORIDA STATUTES, AS AMENDED. _____________________________ DATE JEFF S. HODAPP, SURVEYOR AND MAPPER FLORIDA LICENSE NO. LS5111 PERIMETER SURVEYING AND MAPPING, INC. CERTIFICATE OF AUTHORIZATION NO. LB7264 STATE OF FLORIDA ) COUNTY OF PALM BEACH ) THIS PLAT IS HEREBY APPROVED FOR RECORD THIS DAY OF , 2008. BY: JOE RUSSO MAYOR ATTEST: PATRICIA SNIDER, CMC CITY CLERK THIS PLAT IS HEREBY APPROVED FOR RECORD THIS DAY OF , 2008. BY: DANIEL P. CLARK, P.E. CITY ENGINEER IN WITNESS WHEREOF, HAWKEYE CENTRAL, LLC, A FLORIDA LIMITED LIABILITY COMPANY, HAS CAUSED THESE PRESENTS TO BE SIGNED BY ITS MANAGER, THIS DAY OF , 2008. HAWKEYE CENTRAL, LLC A FLORIDA LIMITED LIABILITY COMPANY WITNESS: BY: PRINT NAME: RONNIE PERTNOY, MANAGER WITNESS: PRINT NAME: AND/OR ASSIGNS FOR BUFFER, DRAINAGE, WATER, SEWER, AND UTILITY PURPOSES DESCRIPTION, DEDICATIONS AND RESERVATIONS 1. TRACTS L-1, AND L-2, THE WATER MANAGEMENT TRACTS, MASTER ASSOCIATION, INC., A FLORIDA CORPORATION, NOT FOR 13. THE WATER MANAGEMENT ACCESS EASEMENTS (WMAE), AS SHOWN HEREON, ARE HEREBY GRANTED TO THE NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT (NPBCID) FOR ACCESS TO AND FROM SAID NPBCID’S WATER MANAGEMENT FACILITIES, LANDS AND EASEMENTS, THE LAND LYING UNDER SAID WATER MANAGEMENT ACCESS EASEMENTS BEING THE PERPETUAL MAINTENANCE OBLIGATION OF THE CIMARRON COVE MASTER ASSOCIATION, INC., A FLORIDA CORPORATION, NOT FOR PROFIT, ITS SUCCESSORS AND/OR ASSIGNS, WITHOUT RECOURSE TO SAID NPBCID AND WITHOUT RECOURSE TO THE CITY OF PALM BEACH GARDENS. 14. THE WATER LINE EASEMENTS (WLE’S), AS SHOWN HEREON,ARE HEREBY GRANTED TO SEACOAST UTILITY AUTHORITY, ITS SUCCESSORS AND ASSIGNS FOR INSTALLATION, OPERATION AND MAINTENANCE OF WATER FACILITIES, SAID LANDS ENCUMBERED BY SAID EASEMENTS BEING THE PERPETUAL MAINTENANCE OBLIGATION OF THE OWNER OR OWNERS OF THE FEE SIMPLE INTEREST IN SAID LANDS, THEIR SUCCESSORS AND ASSIGNS, WITHOUT RECOURSE TO THE CITY OF PALM BEACH GARDENS. 15. THE SEWER LINE EASEMENTS (SLE’S), AS SHOWN HEREON, ARE HEREBY GRANTED TO SEACOAST UTILITY AUTHORITY, ITS SUCCESSORS AND ASSIGNS, FOR INSTALLATION, OPERATION AND MAINTENANCE OF SEWER FACILITIES, SAID LANDS ENCUMBERED BY SAID EASEMENTS BEING THE PERPETUAL MAINTENANCE OBLIGATION OF THE OWNER OR OWNERS OF THE FEE SIMPLE INTEREST IN SAID LANDS, THEIR SUCCESSORS AND ASSIGNS, WITHOUT RECOURSE TO THE CITY OF PALM BEACH GARDENS. OBLIGATION OF THE CIMARRON COVE MASTER ASSOCIATION, INC., COVE MASTER ASSOCIATION, INC., A FLORIDA CORPORATION, COVE MASTER ASSOCIATION, INC., A FLORIDA CORPORATION, NOT 8. TRACT Y-1, AS SHOWN HEREON, IS HEREBY RESERVED FOR STATE ROAD RIGHT-OF-WAY PURPOSES, AND IS THE MAINTENANCE OBLIGATION OF THE CIMARRON COVE MASTER ASSOCIATION, INC, A FLORIDA CORPORATION, NOT FOR PROFIT, ITS SUCCESSORS AND ASSIGNS, WITHOUT RECOURSE TO THE CITY OF PALM BEACH GARDENS. 2. TRACTS C-1, C-2, C-3 AND C-4, THE CONSERVATION TRACTS, AS SHOWN HEREON, ARE HEREBY DEDICATED TO THE CIMARRON COVE MASTER CONSERVATION AREAS MAY IN NO WAY BE ALTERED FROM THEIR NATURAL STATE, EXCEPT TO CONSTRUCT CITY SIDEWALKS PER CITY APPROVAL. ACTIVITIES PROHIBITED WITHIN THE CONSERVATION AREAS INCLUDE BUT ARE DEDICATED TO THE CIMARRON COVE MASTER ASSOCIATION, INC., A FLORIDA CORPORATION, NOT FOR PROFIT, ITS SUCCESSORS AND/OR ASSIGNS, FOR COVE MASTER ASSOCIATION, INC., A FLORIDA CORPORATION, FOR PROFIT, ITS SUCCESSORS AND/OR ASSIGNS, WITHOUT RECOURSE TO THE CITY OF PALM BEACH GARDENS. 3. TRACTS B-1, B-2, B-3, B-4, B-5 AND B-6, THE BUFFER TRACTS, AS SHOWN HEREON, ARE HEREBY DEDICATED TO THE CIMARRON COVE MASTER ASSOCIA- TION, INC., A FLORIDA CORPORATION, NOT FOR PROFIT, ITS SUCCESSORS 11. TRACTS R-1, R-2, R-3 AND R-4, AS SHOWN HEREON, ARE HEREBY RESERVED FOR PRIVATE ACCESS PURPOSES, AND ARE THE MAINTENANCE OBLIGATION OF THE CIMARRON COVE MASTER ASSOCIATION, INC., A FLORIDA CORPORATION, NOT FOR PROFIT, ITS SUCCESSORS AND ASSIGNS, WITHOUT RECOURSE TO THE CITY OF PALM BEACH GARDENS. BEGINNING AT THE INTERSECTION OF THE NORTHEAST RIGHT OF WAY OF INTERSTATE I 95, AS DESCRIBED IN OFFICIAL RECORD BOOK 5805, PAGE 181 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND THE SOUTH-EAST RIGHT OF WAY OF CENTRAL BOULEVARD AS SHOWN ON ROAD PLAT BOOK 6, PAGE 88 AND DESCRIBED IN OFFICIAL RECORD BOOK 5104, PAGE 945 AND OFFICIAL RECORD BOOK 5805, PAGE 181 OF THE SAID PUBLIC RECORDS; THENCE NORTH 40^53’44" EAST, ALONG SAID SOUTHEAST RIGHT OF WAY OF CENTRAL BOULEVARD, A DISTANCE OF 1,105.83 FEET; THENCE NORTH 46^22’41" WEST, CONTINUING ALONG SAID RIGHT OF WAY, A DISTANCE OF 39.99 FEET; THENCE NORTH 43^37’28" EAST, CONTINUING ALONG SAID RIGHT OF WAY, A DISTANCE OF 24.53 FEET TO A CURVE HAVING A RADIAL BEARING OF NORTH 46^22’32" WEST, A RADIUS OF 1,969.86 FEET, AND A CENTRAL ANGLE OF 15^38’56"; THENCE PROCEED NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND RIGHT OF WAY LINE, A DISTANCE OF 538.02 FEET; THENCE SOUTH 66^38’32" EAST, ALONG THE SOUTH LINE OF "PALOMA P.U.D.", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 108 AT PAGES 144 THROUGH 159 OF SAID PUBLIC RECORDS, A DISTANCE OF 316.96 FEET TO A POINT ON THE ARC OF A CURVE CONCAVE TO THE NORTH, AT WHICH THE RADIUS POINT BEARS NORTH 24^34’53" EAST, HAVING A RADIUS OF 1149.42 FEET, AND A CENTRAL ANGLE OF 09^27’21"; THENCE PROCEED SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND RIGHT OF WAY LINE, A DISTANCE OF 189.70 FEET ALONG SAID SOUTH LINE; THENCE SOUTH 16^20’58" WEST, ALONG THE WEST LINE OF SAID "PALOMA P.U.D.", A DISTANCE OF 957.79 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 1146.00 FEET, AND A CENTRAL ANGLE OF 28^21’19"; THENCE PROCEED SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND SAID WEST LINE, A DISTANCE OF 567.15 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 3100.00 FEET AND A CENTRAL ANGLE OF 13^25’31"; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE AND SAID WEST LINE, A DISTANCE OF 726.38 FEET; THENCE SOUTH 01^25’10" WEST CONTINUING ALONG SAID WEST LINE, A DISTANCE OF 341.92 FEET; THENCE NORTH 88^34’50 WEST, A DISTANCE OF 456.20 TO A POINT ON THE NORTHEAST RIGHT OF WAY OF SAID INTERSTATE I 95 AS DESCRIBED IN OFFICIAL RECORD BOOK 5805, PAGE 181; THENCE NORTH 30^31’47 WEST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 641.07 FEET TO A CURVE HAVING A RADIAL BEARING OF NORTH 59^28’13" EAST, A RADIUS OF 24424.13 FEET, AND A CENTRAL ANGLE OF 2^17’55"; THENCE PROCEED NORTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE AND RIGHT OF WAY LINE, A DISTANCE OF 979.82 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. SAID LANDS SITUATE IN THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA AND CONTAIN 50.584 ACRES, MORE OR LESS. 9. TRACT Y-2, AS SHOWN HEREON, IS HEREBY RESERVED FOR COUNTY ROAD RIGHT-OF-WAY PURPOSES, AND IS THE MAINTENANCE OBLIGATION OF THE CIMARRON COVE MASTER ASSOCIATION, INC, A FLORIDA CORP- ORATION, NOT FOR PROFIT, ITS SUCCESSORS AND ASSIGNS, WITHOUT RECOURSE TO THE CITY OF PALM BEACH GARDENS. 10. TRACT A-2, AS SHOWN HEREON, IS HEREBY DEDICATED TO THE CIMARRON COVE MASTER ASSOCIATION, INC, A FLORIDA CORPORATION, NOT FOR PROFIT, ITS SUCCESSORS AND ASSIGNS, FOR ROADWAY, DRAINAGE, AND OPEN SPACE PURPOSES, AND IS THE PERPETUAL MAINTENANCE OBLIGATION OF SAID CIMARRON COVE MASTER ASSOCIATION, INC, A FLORIDA CORPORATION, NOT FOR PROFIT, ITS SUCCESSORS AND ASSIGNS, WITHOUT RECOURSE TO THE CITY OF PALM BEACH GARDENS. IN WITNESS WHEREOF, THE CITY OF PALM BEACH COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, HAS CAUSED THESE PRESENTS TO BE SIGNED BY ITS MAYOR, THIS DAY OF , 2008. BY: JOE RUSSO MAYOR ATTEST: PATRICIA SNIDER, CMC CITY CLERK STATE OF FLORIDA ) COUNTY OF PALM BEACH) BEFORE ME PERSONALLY APPEARED RONNIE PERTNOY, WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION, AND WHO EXECUTED THE FOREGOING INSTRUMENT AS MANAGER OF HAWKEYE CENTRAL, LLC, A FLORIDA LIMITED LIABILITY COMPANY, AND SEVERALLY ACKNOWLEDGED TO AND BEFORE ME THAT HE EXECUTED SUCH INSTRUMENT AS SUCH OFFICER OF SAID COMPANY, AND THAT THE SEAL AFFIXED TO THE FOREGOING INSTRUMENT IS THE COMPANY SEAL OF SAID COMPANY AND THAT IT WAS AFFIXED TO SAID INSTRUMENT BY DUE AND REGULAR COMPANY AUTHORITY, AND THAT SAID INSTRUMENT IS THE FREE ACT AND DEED OF SAID COMPANY. WITNESS MY HAND AND OFFICIAL SEAL THIS DAY OF , 2008. MY COMMISSION EXPIRES: NOTARY PUBLIC, STATE OF FLORIDA ACKNOWLEDGEMENT ss STATE OF FLORIDA ) COUNTY OF PALM BEACH) BEFORE ME PERSONALLY APPEARED JOE RUSSO, WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION, AND WHO EXECUTED THE FOREGOING INSTRUMENT AS MAYOR OF THE CITY OF PALM BEACH GARDENS, A POLITICAL SUB- DIVISION OF THE STATE OF FLORIDA AND SEVERALLY ACKNOWLEDGED TO AND BEFORE ME THAT HE EXECUTED SUCH INSTRUMENT AS SUCH OFFICER OF SAID CITY, AND THAT THE SEAL AFFIXED TO THE FOREGOING INSTRUMENT IS THE SEAL OF SAID CITY AND THAT IT WAS AFFIXED TO SAID INSTRUMENT BY DUE AND REGULAR AUTHORITY, AND THAT SAID INSTRUMENT IS THE FREE ACT AND DEED OF SAID CITY. WITNESS MY HAND AND OFFICIAL SEAL THIS DAY OF , 2008. MY COMMISSION EXPIRES: NOTARY PUBLIC, STATE OF FLORIDA 01. THE BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH LINE OF THE WEST ONE-HALF OF SAID SECTION 36-41-42, HAVING A BEARING OF NORTH 88^34’50" WEST, AS ESTABLISHED BY THE PALM BEACH COUNTY ENGINEERING DIVISION BASED ON THE FLORIDA COORDINATE SYSTEM, EAST ZONE, GRID NORTH, 1983 STATE PLANE TRANSVERSE MERCATOR PROJECTION, 1990 ADJUSTMENT. PUBLISHED VALUES FOR THE SOUTHEAST CORNER AND SOUTH ONE-QUARTER CORNER OF SECTION 36-41-42 WERE USED IN DETERMINING STATE PLANE COORDINATES OF P.R.M.’S. 02. ALL LINES WHICH INTERSECT CURVED LINES ARE RADIAL UNLESS NOTED AS BEING NON-RADIAL (N.R.) 03. NOTICE: THIS PLAT, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICTION OF THE SUBDIVIDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES BE SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT. THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT RECORDED ON THIS PLAT THAT MAY BE FOUND IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 04. THERE SHALL BE NO BUILDINGS, STRUCTURES CONSTRUCTION OF ANY KIND, TREES OR SHRUBS PLACED ON WATER MANAGEMENT EASEMENTS OR ANY WATER MANAGEMENT MAINTENANCE EASEMENTS, AS SHOWN HEREON, UNLESS APPROVED, IN PERMIT FORM, BY THE NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT. 05. THERE SHALL BE NO BUILDINGS, STRUCTURES, CONSTRUCTION OF ANY KIND, TREES OR SHRUBS PLACED ON WATER LINE EASEMENTS OR SEWER LINE EASEMENTS, AS SHOWN HEREON, UNLESS APPROVED, IN PERMIT FORM , BY THE SEACOAST UTILITY AUTHORITY. 06. IN NO CASE SHALL SCREEN ENCLOSURES, DECKS, OR WALLS ENCROACH INTO DRAINAGE EASEMENTS. 07. BUILDING SETBACK LINES SHALL BE AS REQUIRED BY CURRENT CITY OF PALM BEACH GARDENS ZONING REGULATIONS. 08. THOSE CASES WHERE EASEMENTS OF DIFFERENT TYPES CROSS OR OTHERWISE COINCIDE. DRAINAGE EASEMENTS SHALL HAVE FIRST PRIORITY, UTILITY EASEMENTS SHALL HAVE SECOND PRIORITY, ACCESS EASEMENTS SHALL HAVE THIRD PRIORITY, AND ALL OTHER EASEMENTS SHALL BE SUBORDINATE TO THESE WITH THEIR PRIORITIES DETERMINED BY USE OF RIGHTS GRANTED. 09. ALL DISTANCES SHOWN ARE GROUND DISTANCES. SCALE FACTOR USED FOR THIS PLAT WAS 1.0000388. IN WITNESS WHEREOF, CIMARRON COVE, LLC, A FLORIDA LIMITED LIABILITY COMPANY, HAS CAUSED THESE PRESENTS TO BE SIGNED BY ITS MANAGER, THIS DAY OF , 2008. CIMARRON COVE, LLC A FLORIDA LIMITED LIABILITY COMPANY WITNESS: BY: PRINT NAME: JEFFREY M. ROSENBERG, MANAGER WITNESS: PRINT NAME: ACKNOWLEDGEMENT ssSTATE OF FLORIDA ) COUNTY OF PALM BEACH) BEFORE ME PERSONALLY APPEARED JEFFREY M. ROSENBERG, WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION, AND WHO EXECUTED THE FOREGOING INSTRUMENT AS MANAGER OF CIMARRON COVE, LLC, A FLORIDA LIMITED LIABILITY COMPANY, AND SEVERALLY ACKNOWLEDGED TO AND BEFORE ME THAT HE EXECUTED SUCH INSTRUMENT AS SUCH OFFICER OF SAID COMPANY, AND THAT THE SEAL AFFIXED TO THE FOREGOING INSTRUMENT IS THE COMPANY SEAL OF SAID COMPANY AND THAT IT WAS AFFIXED TO SAID INSTRUMENT BY DUE AND REGULAR COMPANY AUTHORITY, AND THAT SAID INSTRUMENT IS THE FREE ACT AND DEED OF SAID COMPANY. WITNESS MY HAND AND OFFICIAL SEAL THIS DAY OF , 2008. MY COMMISSION EXPIRES: NOTARY PUBLIC, STATE OF FLORIDA KNOW ALL MEN BY THESE PRESENTS THAT, CIMARRON COVE, LLC, A FLORIDA LIMITED LIABILITY COMPANY, AND HAWKEYE CENTRAL, LLC, A FLORIDA LIMITED LIABILITY COMPANY, AND THE CITY OF PALM BEACH GARDENS, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, OWNERS OF THE LANDS SHOWN HEREON, BEING A PORTION OF THE SOUTHEAST ONE-QUARTER OF SECTION 35, AND A PORTION OF THE WEST ONE-HALF OF SECTION 36, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND SHOWN HEREON AS "CIMARRON COVE", AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 5. TRACT A-1, AS SHOWN HEREON, IS HEREBY RESERVED BY CIMARRON COVE, LLC, A FLORIDA LIMITED LIABILITY COMPANY, ITS SUCCESSORS AND/OR ASSIGNS FOR DEVELOPMENT PURPOSES, AND IS THE PERPETUAL MAINTENANCE OBLIGATION OF SAID CIMARRON COVE, LLC, A FLORIDA LIMITED LIABILITY COMPANY, ITS SUCCESSORS AND ASSIGNS, WITHOUT RECOURSE TO THE CITY OF PALM BEACH GARDENS. NO BUILDING PERMIT SHALL BE ISSUED WITHIN SAID TRACT A-1 PRIOR TO THE RECORDATION OF A REPLAT OF SAID TRACT A-1. 6. TRACT A-3, AS SHOWN HEREON, IS HEREBY RESERVED BY HAWKEYE CENTRAL, LLC, A FLORIDA LIMITED LIABILITY COMPANY, ITS SUCCESSORS AND/OR ASSIGNS FOR DEVELOPMENT PURPOSES, AND IS THE PERPETUAL MAINTENANCE OBLIGATION OF SAID HAWKEYE CENTRAL, LLC, A FLORIDA LIMITED LIABILITY COMPANY, ITS SUCCESSORS AND ASSIGNS, WITHOUT RECOURSE TO THE CITY OF PALM BEACH GARDENS. 7. TRACT Z, AS SHOWN HEREON, IS HEREBY DEDICATED TO THE CITY OF PALM BEACH GARDENS FOR ROADWAY PURPOSES. SHEET OF 5 Tel: (561) 241-9988 Fax: (561) 241-5182 951 Broken Sound Parkway, Suite 320 Boca Raton, Florida 33487 Prepared by: Jeff S. Hodapp, P.S.M. Certificate of Authorization No. LB7264 S U R V E Y I N G & M A P P I N G 03152 A PORTION OF THE SOUTHEAST ONE-QUARTER OF SECTION 35, AND THE WEST ONE-HALF OF SECTION 36, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA. JANUARY, 2008 TITLE CERTIFICATION 2 NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT LAND USE CLASSIFICATION CODE MFR AREA TABULATION TRACT SQUARE FOOTAGE LAND USE CLASSIFICATION EX THIS PLAT IS LOCATED IN THE NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT UNIT OF DEVELOPMENT NO. 02 JURISDICTIONAL LIMITS. (FOR THE USE OF THE NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT) SS NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT ACKNOWLEDGEMENT STATE OF FLORIDA ) COUNTY OF PALM BEACH ) STATE OF FLORIDA ) COUNTY OF PALM BEACH ) SS SS ACKNOWLEDGEMENT MULTI-FAMILY RESIDENTIAL COMMERCIAL DEVELOPMENT EXEMPT ACREAGE SHEET 3 SHEET 4 SHEET 5 STATE OF FLORIDA ) COUNTY OF PALM BEACH ) THIS NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT HEREBY ACCEPTS THE WATER MANAGEMENT EASEMENTS, THE INGRESS-EGRESS EASEMENTS, THE WATER MANAGEMENT MAINTENANCE EASEMENTS AND THE WATER MANAGEMENT ACCESS EASEMENTS, AS SHOWN HEREON; AND HEREBY ACKNOWLEDGES THAT SAID DISTRICT HAS NO MAINTENANCE OBLIGATIONS ON OR UNDER THE LANDS OVER WHICH SAID EASEMENTS LIE, AND FURTHER ACKNOWLEDGES THAT THERE ARE NO OTHER MAINTENANCE OBLIGATIONS OR DEDICATIONS TO, BEING INCURRED BY SAID DISTRICT ON THIS PLAT; AND HEREBY ACKNOWLEDGES THAT NORTHERN’S EXISTING DRAINAGE EASEMENTS, AS RECORDED IN OFFICIAL RECORDS BOOK 2914 AT PAGE 670 AND OFFICIAL RECORDS BOOK 2914 AT PAGE 666 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA ARE SHOWN HEREON. DATED THIS DAY OF , 2008. NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT BY: PAMELA M. RAUCH PRESIDENT, BOARD OF SUPERVISORS ATTEST: O’NEIL BARDIN JR. SECRETARY, BOARD OF SUPERVISORS C E N T R A L B O U L E V A R D E L M A V E N U E I N T E R S T A T E 9 5 VI C T O R I A F A L L S B O U L E V A R D PACIF I C O C O U R T MASTER ASSOCIATION ACCEPTANCE THE CIMARRON COVE MASTER ASSOCIATION, INC., A FLORIDA CORPORATION, NOT FOR PROFIT, HEREBY ACCEPTS THE DEDICATIONS AND RESERVATIONS TO SAID ASSOCIATION AS STATED AND SHOWN HEREON, AND HEREBY ACCEPTS ITS MAINTENANCE OBLIGATIONS FOR SAME AS STATED HEREON, DATED THIS DAY OF , 2008. CIMARRON COVE MASTER ASSOCIATION, INC. A FLORIDA CORPORATION, NOT FOR PROFIT WITNESS:(AS TO BOTH) BY: PRINT NAME: , PRESIDENT WITNESS:(AS TO BOTH) BY: PRINT NAME: , SECRETARY BEFORE ME PERSONALLY APPEARED AND , WHO ARE PERSONALLY KNOWN TO ME OR HAVE PRODUCED AS IDENTIFICATION, AND WHO EXECUTED THE FOREGOING INSTRUMENT AS PRESIDENT AND SECRETARY OF THE CIMARRON COVE MASTER ASSOCIATION, INC., A FLORIDA CORPORATION, NOT FOR PROFIT, AND SEVERALLY ACKNOWLEDGED TO AND BEFORE ME THAT THEY EXECUTED SUCH INSTRUMENT AS SUCH OFFICERS OF SAID CORPORATION, AND THAT THE SEAL AFFIXED TO THE FOREGOING INSTRUMENT IS THE CORPORATE SEAL OF SAID CORPORATION AND THAT IT IS AFFIXED TO SAID INSTRUMENT BY DUE AND REGULAR CORPORATE AUTHORITY, AND THAT SAID INSTRUMENT IS THE FREE ACT AND DEED OF SAID CORPORATION. WITNESS MY HAND AND OFFICIAL SEAL THIS DAY OF , 2008. MY COMMISSION EXPIRES: NOTARY PUBLIC: TRACT A-1 927587 TRACT A-2 35962 EX TRACT A-3 323680 TRACT B-1 20709 EX TRACT B-2 5853 EX TRACT B-3 4460 EX TRACT B-4 11649 EX TRACT B-5 8712 EX TRACT B-6 5641 EX TRACT C-1 322941 EX TRACT C-2 10233 EX TRACT C-3 58534 EX TRACT C-4 31359 EX TRACT L-1 68187 EX TRACT L-2 79757 EX TRACT R-1 9701 EX TRACT R-2 1843 EX TRACT R-3 1956 EX TRACT R-4 2866 EX TRACT S-1 60196 EX TRACT S-2 7201 EX TRACT S-3 325 EX TRACT S-4 8621 EX TRACT Y-1 58884 EX TRACT Y-2 2332 EX TRACT Z 134250 EX TOTAL 2203441 STATE OF FLORIDA ) COUNTY OF PALM BEACH ) I, , A DULY LICENSED ATTORNEY IN THE STATE OF FLORIDA, DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO THE HEREON DESCRIBED PROPERTY; THAT I FIND THE TITLE TO THE PROPERTY IS VESTED TO CIMARRON COVE, LLC, A FLORIDA LIMITED LIABILITY COMPANY AND HAWKEYE CENTRAL, LLC, A FLORIDA LIMITED LIABILITY COMPANY AND THE CITY OF PALM BEACH GARDENS; THAT THE CURRENT TAXES HAVE BEEN PAID; THAT THERE ARE NO MORTGAGES OF RECORD, AND THAT THERE ARE ENCUMBRANCES OF RECORD BUT THOSE ENCUMBRANCES DO NOT PROHIBIT THE CREATION OF THE SUBDIVISION DEPICTED BY THIS PLAT. BY: DATE , ATTORNEY AT LAW MEMBER OF THE FLORIDA BAR SHEET OF 5 Tel: (561) 241-9988 Fax: (561) 241-5182 951 Broken Sound Parkway, Suite 320 Boca Raton, Florida 33487 Prepared by: Jeff S. Hodapp, P.S.M. Certificate of Authorization No. LB7264 S U R V E Y I N G & M A P P I N G 03152 A PORTION OF THE SOUTHEAST ONE-QUARTER OF SECTION 35, AND THE WEST ONE-HALF OF SECTION 36, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA. JANUARY, 2008 LEGEND: ABBREVIATIONS: = SET P.R.M. (UNLESS OTHER- WISE NOTED)-4" X4" CONC. MON. WITH ALUMINUM DISK STAMPED P.R.M.#LB7264 = SET P.C.P. #LB7264 { = CENTERLINE CH = CHORD CHB = CHORD BEARING CONC. = CONCRETE COR. = CORNER D = DELTA (CENTRAL ANGLE) D.E. = DRAINAGE EASEMENT L = ARCLENGTH L.B. = LICENSED BUSINESS L.E. = LANDSCAPE EASEMENT L.S. = LICENSED SURVEYOR L.S.E. = LIFT STATION EASEMENT MON. = MONUMENT O.R.B. = OFFICIAL RECORDS BOOK N.P.B.C.I.D. = NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT N.R. = NON-RADIAL P.A.E. = PEDESTRIAN ACCESS EASEMENT P.B. = PLAT BOOK P.B.C.R. = PALM BEACH COUNTY RECORDS PG. = PAGE P.C.P. = PERMANENT CONTROL POINT P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT P.R.M. = PERMANENT REFERENCE MONUMENT P.S.M. = PROFESSIONAL SURVEYOR & MAPPER P.U.D. = PLANNED UNIT DEVELOPMENT R = RADIUS R.E.E. = ROOF ENCROACHMENT EASEMENT R/W = RIGHT-OF-WAY S.E. = SIDEWALK EASEMENT SEC. = SECTION S.F. = SQUARE FEET SLE = SEWER LINE EASEMENT U.E. = UTILITY EASEMENT WLE = WATER LINE EASEMENT W.M.E. = WATER MANAGEMENT EASEMENT WMME = WATER MANAGEMENT MAINTENANCE EASEMENT WMAE = WATER MANAGEMENT ACCESS EASEMENT MATCH LINE SEE SHEET 4 3 GRAPHIC SCALE 0 100’50’ 1"= 50’ SHEET 3 SHEET 4 SHEET 5 E L M A V E N U E TR A C T B - 1 TR A C T B - 2 I N T E R S T A T E 9 5 KEY MAP NOT TO SCALE 12’ W.L.E. (O.R.B.20927, PG.1828) 10’ U . E . 5’ L . A . E . T R A C T B - 4 PL A T LI M I T S 33. 3 7 ’ 36 . 4 1 ’ S2 3 ^ 2 1 ’ 2 8 " W N6 6 ^ 3 8 ’ 3 2 " W DETAIL "A"DETAIL "A" W . L . E . DETAIL "B" S 1 6 ^ 2 0 ’ 5 8 " W 1 7 0 . 6 4 ’ CL 15’ S.L.E. 15 ’ S . L . E . (O . R . B . 2 0 9 2 7 , P G . 1 8 2 8 ) 5’ L . A . E . 10 ’ U . E . PL A T L I M I T S N73^35’41"W 19.50’ T R A C T B - 4 20’ 2 0 ’ DETAIL "B" T R A C T B - 3 10 ’ U . E . 5’ L . A . E . 20’ DETAIL "C" 65 8 . 7 1 ’ S 1 6 ^ 2 0 ’ 5 8 " W 12’ W . L . E . PL A T L I M I T S N73^ 3 9 ’ 0 3 " W 45.4 0 ’ DETAIL "C" C E N T R A L B O U L E V A R D VI C T O R I A F A L L S B O U L E V A R D PACIFI C O COUR T S66^38’32"E 12.00’ S23^21’28"W 9.03’ S23^21’28"W 9.03’ 10 . 1 3 ’ S16^24’19"W 15.00’ 15 ’ X 1 9 . 5 ’ S . L . E . (D E D I C A T E D B Y T H I S P L A T ) N87^03’52"E 89.50’ SHEET OF 5 Tel: (561) 241-9988 Fax: (561) 241-5182 951 Broken Sound Parkway, Suite 320 Boca Raton, Florida 33487 Prepared by: Jeff S. Hodapp, P.S.M. Certificate of Authorization No. LB7264 S U R V E Y I N G & M A P P I N G 03152 A PORTION OF THE SOUTHEAST ONE-QUARTER OF SECTION 35, AND THE WEST ONE-HALF OF SECTION 36, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA. JANUARY, 2008 C E N T R A L B O U L E V A R D C E N T R A L B O U L E V A R D PL A T L I M I T S PL A T L I M I T S PL A T L I M I T S 40’ 40’ 40’ 40’ 20’ W.M.M.E. 20’ W . M . M . E . TRACT C-2 TRACT C-3 TRACT C-4 E L M A V E N U E VICTORIA F A L L S BO U L E V A R D 5’ L. A . E . 10’ U. E . 5’ L . A . E . 10 ’ U . E . 5’ L . A . E . 10 ’ U . E . 5’ L . A . E . 5’ L . A . E . 5’ L. A . E . TRA C T Y - 2 12’ S E A C O A S T U . E . (O.R . B . 4 2 4 8 , P G . 7 0 9 ) TRACT L-1 TRACT L-1 W.M.E. TRACT A-3 50 ’ P . A . E . 15’ W. M . E . T R A C T B - 3 T R A C T B - 4 N46^22’41"W39.99’N43^37’28"E24.53’ T R A C T A - 2 R=28.00’ L=40.16’ D=82^10’26"N56^55’50"W 150.41’ S5 4 ^ 4 7 ’ 2 0 " E 1 2 9 . 2 9 ’ S40^ 5 3 ’ 4 4 " W 2 8 3 . 3 2 ’ R=28.00’ L=46.76’ D=95^41’04" R=28.00’ L=46.55’ D=95^15’38" S3 8 ^ 1 9 ’ 4 8 " W 41 . 2 5 ’ S3 8 ^ 1 9 ’ 4 8 " W 81 . 5 0 ’ S21^25’51"W .00’L=150.42’D =90^43’13 " S4 0 ^ 5 3 ’ 4 4 " W 28 3 . 3 2 ’ W.M.E. S55 ^ 3 7 ’ 4 0 " E 1 0 0 . 6 5 ’ S40^ 5 3 ’ 4 4 " W 1 3 9 . 6 3 ’ L=112.88’ N 1 6 ^ 2 0 ’ 5 8 " E 6 6 5 . 8 9 ’ S6 9 ^ 1 5 ’ 5 7 " E 2 0 3 . 2 2 ’ S6 9 ^ 1 5 ’ 5 7 " E 2 0 3 . 2 2 ’ N7 3 ^ 3 9 ’ 0 4 " W 39. 7 2 ’ 34 3 . 1 0 ’ 2 0 . 0 0 ’ N72^04’ 3 1 " E 52.78’ S6 6 ^ 3 8 ’ 3 2 " E 2 8 7 . 4 6 ’ S 2 7 ^ 1 5 ’ 4 5 " E 5 5 . 1 8 ’ S 1 6 ^ 2 0 ’ 5 8 " W 8 5 8 . 2 5 ’ PL A T LI M I T S S 5 2 ^ 0 8 ’ 5 6 " E 1 1 6 . 6 7 ’ N 2 1 ^ 5 8 ’ 2 0 " E 59 . 4 6 ’ N38^08’11"E 18.60’S43^37’28"W24.53’ S4 3 ^ 3 7 ’ 2 8 " W 12 . 5 3 ’ S4 6 ^ 2 2 ’ 4 1 " E 27 . 4 3 ’ R= 1 9 6 9 . 8 6 ’ L= 5 3 8 . 0 2 ’ D= 1 5 ^ 3 8 ’ 5 6 " L = 2 6 4 . 9 7 ’ D = 0 7 ^ 4 2 ’ 2 5 " L=134.07’ R=1981.86’ D=03^52’34" L=163.42’ R=1981.86’ D=04^43’28" L=71.05’ D=02^03’15" R = 1 9 9 3 . 8 6 ’ L = 1 0 7 . 8 9 ’ D = 0 3 ^ 0 6 ’ 0 2 " S55^46’47"E 12.00’ R=19 9 3 . 8 6 ’ L=72 . 2 6 ’ D=02^ 0 4 ’ 3 6 " 12.00’27 . 9 9 ’ 12.03’ D= 0 3 ^ 1 8 ’ 0 3 " N 0 0 ^ 4 9 ’ 0 2 " W 4 3 . 5 2 ’ N 5 3 ^ 3 8 ’ 0 0 " W 8 4 . 3 4 ’ N 6 6 ^ 3 8 ’ 3 2 " W 62 . 7 4 ’ N72^19’ 2 9 " E 45.95’ R = 2 9 6 6 . 2 9 ’ L = 3 3 3 . 8 2 ’ D = 0 6 ^ 2 6 ’ 5 3 " R= 1 6 3 1 . 5 0 ’ L= 1 1 2 . 4 9 ’ D= 0 3 ^ 5 7 ’ 0 1 " S 2 7 ^ 1 5 ’ 4 5 " E 3 9 . 2 1 ’ 31359 SF 2332 S F 4 4 6 0 S F S72 ^ 2 0 ’ 1 5 " E S6 9 ^ 1 5 ’ 5 7 " E 2 0 3 . 2 2 ’ 68. 8 7 ’ 37. 7 7 ’ S3 8 ^ 1 9 ’ 4 8 " W 12 2 . 6 4 ’ S38^19’48"W 17.77’ 43.44 ’ N51^40’12"W 4 6 . 0 0 ’ R= 3 8 . 0 0 ’ L= 4 8 . 0 2 ’ D= 7 2 ^ 2 4 ’ 1 5 " R=20.00’ L=31.42’ D=90^00’00" 68187 SF 68187 SF 359 6 2 S F 323680 SF10233 SF TRAC T S - 2 720 1 S F 58534 SF TRACT A-3 N 4 6 ^ 2 2 ’ 3 2 " W "PALOMA P.U.D." (P.B. 108, PGS. 144-159) "PALOMA P.U.D." (P.B. 108, PGS. 144-159) 4 0 ’ R / W (P . B . 1 0 8 , P G S . 1 4 4 - 1 5 9 ) R/ W ( P . B . 1 0 8 , P G S . 1 4 4 - 1 5 9 ) 44 . 5 0 ’ 4 4 . 5 0 ’ 1 2 ’ W . L . E . (O. R . B . 2 0 9 2 7 , PG . 1 8 2 8 ) 15’ S . L . E . ( O . R . B . 2 0 9 2 7 , P G . 1 8 2 8 ) N 919506.163 E 946800.576 N 919555.217 E 946775.299 N 919598.334 E 946664.374 N 919696.062 E 946350.243 N 919712.307 E 946400.465 N 919345.418 E 946084.008 N 919327.662 E 946067.084 N 919300.072 E 946096.034 N40^53 ’ 4 4 " E 1 1 0 5 . 8 3 ’ S 6 8 ^ 2 1 ’ 2 8 " W 3 6 . 4 4 ’ S 2 3 ^ 2 1 ’ 2 8 " W 4 0 . 4 7 ’ S 2 3 ^ 2 1 ’ 2 8 " W 4 4 . 4 5 ’ S 6 8 ^ 2 1 ’ 2 8 " W 3 6 . 4 4 ’ S 2 3 ^ 2 1 ’ 2 8 " W 8 4 . 6 1 ’ S 2 3 ^ 2 1 ’ 2 8 " W 10 4 . 3 1 ’ S2 3 ^ 2 1 ’ 2 8 " W 12. 0 0 ’ S66 ^ 3 8 ’ 3 2 " E 1 3 . 0 0 ’ S6 6 ^ 3 8 ’ 3 2 " E 1 3 . 0 0 ’ S66^ 3 8 ’ 4 3 " E 1 8 0 . 9 0 ’ S66^3 8 ’ 4 3 " E 2 2 3 . 8 2 ’ S66 ^ 3 8 ’ 4 3 " E 46.0 0 ’ S2 3 ^ 2 1 ’ 2 8 " W 12. 6 7 ’ W . L . E . N 3 1 ^ 3 8 ’ 4 8 " E 3 7 9 . 3 0 ’ N 3 1 ^ 3 8 ’ 4 8 " E 2 4 6 . 9 6 ’ N7 2 ^ 3 0 ’ 0 3 " E 1 9 . 6 0 ’ N7 2 ^ 3 0 ’ 0 3 " E 1 0 . 6 6 ’ N 3 1 ^ 3 8 ’ 4 8 " E 1 2 7 . 1 9 ’ N31^38’48"E 12.00’ S58^21’12"E 27.28’ N47^06’12"W 29.19’ N 4 7 ^ 0 6 ’ 1 2 " W 47 . 2 5 ’ N 0 9 ^ 0 8 ’ 4 8 " E 2 8 . 3 8 ’ N 0 9 ^ 0 8 ’ 4 8 " E 1 9 . 5 8 ’ N42^53’48"E 8.27’ N47^06’12"W 12.00’ N47^06’12"W 1.69’ N 2 7 ^ 4 7 ’ 5 0 " W 9 6 . 0 6 ’ N 2 7 ^ 4 7 ’ 5 0 " W 8 8 . 8 0 ’ W . L . E . N6 9 ^ 1 5 ’ 5 7 " W 1 4 8 . 9 1 ’ W. L . E . N38 ^ 1 9 ’ 4 8 " E 279 . 2 0 ’ N38 ^ 1 9 ’ 4 8 " E 276 . 2 5 ’ N 7 3 ^ 3 9 ’ 0 4 " W 5 0 . 5 1 ’ N 2 8 ^ 3 9 ’ 0 3 " W 5 0 . 2 1 ’ N 6 9 ^ 1 5 ’ 5 7 " W 1 8 . 2 0 ’ N 2 8 ^ 3 9 ’ 0 3 " W 5 0 . 7 4 ’ N 7 3 ^ 3 9 ’ 0 4 " W 5 5 . 4 9 ’ 1 2 . 0 0 ’ N 1 6 ^ 2 0 ’ 4 9 " E 2 8 6 . 9 2 ’ N 1 6 ^ 2 0 ’ 4 9 " E 1 0 2 . 1 4 ’ N73 ^ 3 9 ’ 0 3 " W 88.6 9 ’ N73 ^ 3 9 ’ 0 3 " W 73.6 9 ’ W.L. E . W . L . E . S 1 6 ^ 2 0 ’ 5 7 " W 1 9 0 . 8 4 ’ N 7 3 ^ 3 9 ’ 0 3 " W 4 6 . 9 9 ’ C L 15’ S . L . E . S73 ^ 3 9 ’ 0 3 " E 42.8 9 ’ CL 15 ’ S . L . E . CL 15 ’ S . L . E . N 1 7 ^ 0 0 ’ 1 2 " E 2 3 6 . 8 5 ’ 12 ’ W . L . E . 12’ W . L . E . 12 ’ W . L . E . 4 0 ’ R / W (O . R . B . 2 0 9 2 7 , P G . 1 8 4 1 ) (O . R . B . 2 1 2 8 0 , P G . 5 6 4 ) R/ W ( O . R . B . 2 0 9 2 7 , P G . 1 8 4 1 ) ( O . R . B . 2 1 2 8 0 , P G . 5 6 4 ) 101 . 5 8 ’ S40^ 5 3 ’ 4 4 " W 4 9 4 . 1 5 ’ S40^ 5 3 ’ 4 4 " W 494. 1 5 ’ TRACT C-3 58534 SF S40^ 5 3 ’ 4 4 " W 1 0 3 . 0 7 ’ S40^5 3 ’ 4 4 " W 4 8 7 . 3 1 ’ 100.49 ’ 12.06’ 477.0 8 ’ RIG H T - O F - W A Y (O.R . B . 5 8 0 5 , P G . 1 8 4 ) (O.R . B . 5 8 0 5 , P G . 1 8 4 ) 12 0 ’ R I G H T - O F - W A Y (O . R . B . 5 1 0 4 , P G . 9 4 5 ) C E N T R A L B O U L E V A R D S54 ^ 4 7 ’ 2 0 " E R=23.00’ R=18.00’ L=22.75’ D=72^24’15" R=20.00’ R=20.00’ L=35.10’ D=100^33’40" 1 0 4 . 6 4 ’ N02^13’50"W 18.32’ (N.R.) L= 1 1 4 . 1 7 ’ L=176.21’ D=05^07’31" L = 5 . 0 3 ’ D = 0 0 ^ 0 5 ’ 5 0 " T R A C T B - 4 TRACT B - 5 23 3 . 0 1 ’ TRACT R-1 T R A C T R - 3 8.3 0 ’ 19 5 6 S F 11 7 . 8 0 ’ 7 7 . 7 8 ’ N 2 8 ^ 3 7 ’ 3 1 " W 2 8 . 3 0 ’ S6 1 ^ 2 0 ’ 5 8 " W 2 8 . 2 8 ’ 17 0 . 6 4 ’ 35 5 . 1 0 ’ 11 6 4 9 S F 116 4 9 S F 8712 SF T R A C T R - 2 18 4 3 S F 12’ W . L . E . ( O . R . B . 2 0 9 2 7 , P G . 1 8 2 8 ) N6 6 ^ 3 8 ’ 3 2 " W 2 0 7 . 6 5 ’ 51. 3 5 ’ 8 0 . 0 5 ’ 7 6 . 2 5 ’ 11 8 . 6 9 ’ 10 4 . 2 1 ’ 64. 5 5 ’ S0 8 ^ 3 4 ’ 3 7 " E 23 . 5 7 ’ S5 3 ^ 3 9 ’ 4 1 " W 23 . 1 7 ’ L = 1 1 1 . 8 9 ’ D = 0 3 ^ 1 5 ’ 1 6 " R=1981.86’ L=126.18’ D=03^38’52" S55^57’13"E 12.00’ S3 7 ^ 0 7 ’ 2 9 " W 82 . 2 9 ’ 9701 SF 323680 SF 15’ X 1 9 . 5 ’ S . L . E . (D E D I C A T E D B Y T H I S P L A T ) 12’ W . L . E . ( D E D I C A T E D BY THIS PLAT) D = 0 6 ^ 2 1 ’ 0 3 " L = 3 2 8 . 7 9 ’ D=04^30’24" L=155.88’ 21 3 . 0 0 ’ N6 9 ^ 1 5 ’ 5 7 " W 1 2 4 . 4 1 ’ R=25.00’ L=32.60’ D=74^42’09" R=36.32’ L=62.03’ D=97^51’30" N7 3 ^ 3 9 ’ 0 3 " W 65 . 1 8 ’ S6 2 ^ 2 4 ’ 1 2 " W 31 . 9 4 ’ R=20. 0 0 ’ L=31. 4 2 ’ D=90 ^ 0 0 ’ 0 0 " 27 . 8 1 ’ N 3 1 ^ 3 8 ’ 4 8 " E 9 6 . 0 0 ’ R=25.00’ L=39.27’ D=90^00’00"N 5 8 ^ 2 1 ’ 1 2 " W 1 9 . 7 0 ’ N1 6 ^ 2 0 ’ 5 7 " E 13 9 . 4 4 ’ S73^ 3 9 ’ 0 3 " E 41.36 ’ 5 2 . 3 2 ’ 87 . 1 3 ’ S20 ^ 4 4 ’ 0 3 " W 37. 6 9 ’ S73^ 3 9 ’ 0 3 " E 62.0 8 ’ N16^ 2 0 ’ 5 7 " E 67.95 ’ S3 8 ^ 1 9 ’ 4 8 " W 18 5 . 2 1 ’ S38^19’48"W 185.21’ 13’54" {1 0 ’ U . E . 9 L = 1 8 . 7 0 ’ 4 R = 1 1 9 . 4 2 ’ ^ D = 0 9 2 7 ’2 1 " S 1 6 ^ 2 0 ’ 5 8 " W 9 5 7 . 7 9 ’ S6 6 ^ 3 8 ’ 3 2 " E 3 1 6 . 9 6 ’ N 919590.422 E 946866.982 N 919654.775 E 946688.757 N 919780.446 E 946397.760 TRACT Z 134250 SF N 2 4 ^ 3 4 ’ 5 3 " E (R A D I A L ) N6 6 ^ 3 8 ’ 3 2 " W 3 1 8 . 4 0 ’ R= 1 6 1 1 . 5 0 ’ L = 1 1 9 . 0 3 ’ D= 0 4 ^ 1 3 ’ 5 6 " R=1 5 6 7 . 0 0 ’ L = 1 9 1 . 6 8 ’ D= 0 7 ^ 0 0 ’ 3 0 " CH = S 7 0 ^ 0 8 ’ 5 2 " E C H B = 1 9 1 . 5 6 ’ 16.9 8 ’ 94 0 . 8 1 ’ { L= 1 7 . 0 4 ’ D = 0 0 ^ 2 9 ’ 4 4 " L=79.81’ D=02^19’17" W.L. E . N7 0 ^ 5 4 ’ 0 4 " W 87. 0 1 ’ N1 9 ^ 0 5 ’ 5 6 " E 20. 0 0 ’ S70 ^ 5 4 ’ 0 4 " E 20. 0 0 ’ N73 ^ 3 9 ’ 1 1 " W 22.3 1 ’ S16^ 2 0 ’ 4 9 " W 12.0 0 ’ N73^ 3 9 ’ 1 1 " W 22.3 1 ’ S16^ 2 0 ’ 4 9 " W 12.00 ’ N 1 6 ^ 2 0 ’ 4 9 " E 9 0 . 8 7 ’ S 1 6 ^ 2 0 ’ 4 9 " W 5 2 . 8 0 ’ S.L.E. N 1 7 ^ 0 0 ’ 1 2 " E 30 . 5 1 ’ N73 ^ 3 9 ’ 0 3 " W 23. 3 2 ’ N0 7 ^ 3 9 ’ 2 8 " W 9.2 2 ’ 12’ S. L . E . C L S16^ 2 0 ’ 5 7 " W 13.1 9 ’ N 8 7 ^ 0 3 ’ 5 2 " E 8 9 . 5 0 ’ N16 ^ 2 0 ’ 5 7 " E 37.0 0 ’ N16 ^ 2 0 ’ 5 7 " E 25.0 0 ’ S73 ^ 3 9 ’ 0 3 " E 15.0 0 ’ S62^5 6 ’ 5 7 " W 24.08’ S 1 6 ^ 2 0 ’ 5 7 " W 1 2 6 . 3 5 ’ W.L. E . 2 9 . 8 6 ’ N1 9 ^ 0 5 ’ 5 6 " E 8. 0 0 ’ N 7 0 ^ 5 4 ’ 0 4 " W 6 6 . 4 4 ’ 12 ’ W . L . E . 12 ’ W . L . E . 16 . 1 9 ’ N6 9 ^ 1 5 ’ 5 7 " W 12 3 . 5 2 ’ N73 ^ 0 9 ’ 5 1 " W 53. 4 4 ’ S1 9 ^ 0 9 ’ 5 3 " W 4.3 1 ’ N73 ^ 0 9 ’ 5 1 " W 53. 5 2 ’ S 1 9 ^ 0 9 ’ 5 3 " W 3 1 . 6 0 ’ S1 9 ^ 0 9 ’ 5 3 " W 22. 5 1 ’ 4 LEGEND: ABBREVIATIONS: = SET P.R.M. (UNLESS OTHER- WISE NOTED)-4" X4" CONC. MON. WITH ALUMINUM DISK STAMPED P.R.M.#LB7264 = SET P.C.P. #LB7264 { = CENTERLINE CH = CHORD CHB = CHORD BEARING CONC. = CONCRETE COR. = CORNER D = DELTA (CENTRAL ANGLE) D.E. = DRAINAGE EASEMENT L = ARCLENGTH L.B. = LICENSED BUSINESS L.E. = LANDSCAPE EASEMENT L.S. = LICENSED SURVEYOR L.S.E. = LIFT STATION EASEMENT MON. = MONUMENT O.R.B. = OFFICIAL RECORDS BOOK N.P.B.C.I.D. = NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT N.R. = NON-RADIAL P.A.E. = PEDESTRIAN ACCESS EASEMENT P.B. = PLAT BOOK P.B.C.R. = PALM BEACH COUNTY RECORDS PG. = PAGE P.C.P. = PERMANENT CONTROL POINT P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT P.R.M. = PERMANENT REFERENCE MONUMENT P.S.M. = PROFESSIONAL SURVEYOR & MAPPER P.U.D. = PLANNED UNIT DEVELOPMENT R = RADIUS R.E.E. = ROOF ENCROACHMENT EASEMENT R/W = RIGHT-OF-WAY S.E. = SIDEWALK EASEMENT SEC. = SECTION S.F. = SQUARE FEET SLE = SEWER LINE EASEMENT U.E. = UTILITY EASEMENT WLE = WATER LINE EASEMENT W.M.E. = WATER MANAGEMENT EASEMENT WMME = WATER MANAGEMENT MAINTENANCE EASEMENT WMAE = WATER MANAGEMENT ACCESS EASEMENT GRAPHIC SCALE 0 100’50’ 1"= 50’ MATCH LINE MATCH LINE SEE SHEET 3 SEE SHEET 5 SHEET 3 SHEET 4 SHEET 5 E L M A V E N U E TR A C T B - 1 TR A C T B - 2 I N T E R S T A T E 9 5 KEY MAP R=38.00’ L=48.02’ D=72^24’15" DETAIL "D" DETAIL "D" 12 ’ W . L . E . N76^56’56"W 9.03’ S13^03’05"W 12.00’ L = 6 2 . 2 7 ’ D = 0 3 ^ 0 0 ’ 3 0 " T R A C T B - 2 5 ’ L . A . E . 10 ’ U . E . C E N T R A L B O U L E V A R D VI C T O R I A F A L L S B O U L E V A R D PACIF I C O COUR T SHEET OF 5 Tel: (561) 241-9988 Fax: (561) 241-5182 951 Broken Sound Parkway, Suite 320 Boca Raton, Florida 33487 Prepared by: Jeff S. Hodapp, P.S.M. Certificate of Authorization No. LB7264 S U R V E Y I N G & M A P P I N G 03152 A PORTION OF THE SOUTHEAST ONE-QUARTER OF SECTION 35, AND THE WEST ONE-HALF OF SECTION 36, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA. JANUARY, 2008 F P L E A S E M E N T ( O . R . B . 4 6 4 8 , P G . 2 4 5 ) 12’ S E A C O A S T U . E . (O.R . B . 4 2 4 8 , P G . 7 0 9 ) I N T . N E R / W I - 9 5 , ( O . R . B . 5 8 0 5 , P G 1 8 1 ) & S E R / W C E N T R A L B O U L E V A R D ( R . P . B . 6 , P G 8 8 ) ( O . R . B . 5 1 0 4 , P G 9 4 5 ) ( O . R . B . 5 8 0 5 , P G 1 8 1 ) P . O . B . 70’ C E N T R A L B O U L E V A R D 10’ U.E. (O.R.B. 3260, PG. 19) 20’ U.E. (O.R.B. 2611, PG. 808) R = 2 4 4 2 4. 1 3’ L = 9 7 9. 8 2’ D = 0 2 ^ 1 7’5 5 " E L I N E S E 1 / 4 S E C . 3 5 - 4 1 - 4 2 W L I N E S W 1 / 4 S E C . 3 6 - 4 1 - 4 2 TRACT L-2 TRACT C-1 T R A C T Y - 1 TRACT S-1 TRACT A-1 L I M I T E D A C C E S S R I G H T - O F - W A Y ( O . R . B . 5 8 0 5 , P G . 1 8 1 ) F . D . O . T . R I G H T - O F - W A Y S E C T I O N 9 3 2 2 0 - 2 4 7 4 P L A T L I M I T S P L A T L I M I T S PL A T L I M I T S 40’ 40’ 40’ 40’ 40’ 40’ 20 ’ W . M . M . E . 20’ W . M . M . E . 2 0 ’ W . M . M . E . 12’ W.L.E. TRACT C-2 5’ L . A . E . TRACT L-1 W.M.E. W.M.E. TRACT A-2 E L M A V E N U E 15’ W. M . E . T R A C T B - 2 T R A C T B - 3 T R A C T A - 2 PACI F I C O COU R T S5 4 ^ 4 7 ’ 2 0 " E 1 2 9 . 2 9 ’ R=28.00’ L=46.76’ D=95^41’04" S3 8 ^ 1 9 ’ 4 8 " W 81 . 5 0 ’ I N T E R S T A T E 9 5 R=28.00’ L=50.72’ D=103^46’49" S21^25’51"W 21.31’ R = 9 5 .00’L=150.42’D =90^43’13 " S4 0 ^ 5 3 ’ 4 4 " W 28 3 . 3 2 ’ S55 ^ 3 7 ’ 4 0 " E 1 0 0 . 6 5 ’ S55^3 7 ’ 4 0 " E 100.65’ 24.1 6 ’ 13.89’ S3 4 ^ 2 2 ’ 2 0 " W 1 6 1 . 5 3 ’ S55^3 7 ’ 4 0 " E 49.01’ N 0 0 ^ 4 6 ’ 3 6 " E 1 6 . 6 2 ’ N 3 4 ^ 2 2 ’ 2 0 " E 77 . 3 9 ’ S55 ^ 3 7 ’ 4 0 " E 1 2 0 . 9 6 ’ S3 4 ^ 2 2 ’ 2 0 " W 1 8 1 . 3 0 ’ N 0 0 ^ 4 6 ’ 3 6 " E 2 0 . 8 5 ’ N 2 7 ^ 3 7 ’ 0 4 " W 6 6 5 . 0 0 ’ S 2 9 ^ 3 1 ’ 3 6 " E 7 9 5 . 0 0 ’ 5 5 5 . 1 7 ’ S 2 3 ^ 3 6 ’ 5 6 " E 2 1 8 . 8 9 ’ S 0 0 ^ 4 6 ’ 3 6 " W 4 8 6 . 5 1 ’ S40^ 5 3 ’ 4 4 " W 1 8 0 . 7 8 ’ 41.7 4 ’ 242.03’ S40^ 5 3 ’ 4 4 " W 1 3 9 . 6 3 ’ N71^49’ 5 0 " E 69.44’ 53 . 8 0 ’ R=55.00’ L=116.76’ D=121^38’05" R=15.00’ L=24.38 D=93^07’42" R =75.00’L=112.88’ R=48.00’ L=86.94’ D=103^46’49" S 5 4 ^ 4 7 ’ 5 4 " E 2 0 9 . 8 4 ’ N 1 6 ^ 2 0 ’ 5 8 " E 1 4 1 . 4 8 ’ N 1 6 ^ 2 0 ’ 5 8 " E 1 8 4 . 3 6 ’ S6 9 ^ 1 5 ’ 5 7 " E 2 0 3 . 2 2 ’ S6 9 ^ 1 5 ’ 5 7 " E 2 0 3 . 2 2 ’ N7 3 ^ 3 9 ’ 0 4 " W 39. 7 2 ’ N73^39’04"W 39.72’ 18 4 . 3 6 ’ 2 0 . 0 0 ’ 2 0 . 0 0 ’ S1 6 ^ 2 0 ’ 5 8 " W 8 5 8 . 2 5 ’ R = 1 1 8 6 . 0 0 ’ L = 5 8 6 . 9 4 ’ D = 2 8 ^ 2 1 ’ 1 9 " R = 3 0 6 0 . 0 0 ’ L = 7 1 7 . 0 0 ’ D = 1 3 ^ 2 5 ’ 3 1 " 5’ L.A.E. 10’ U.E. S85^01’11"W 63.43’ R = 3 0 4 0 . 0 0 ’ L = 7 1 2 . 3 2 ’ D = 1 3 ^ 2 5 ’ 3 1 " 322941 SF 5 8 8 8 4 S F S72 ^ 2 0 ’ 1 5 " E 49.1 6 ’ S6 9 ^ 1 5 ’ 5 7 " E 2 0 3 . 2 2 ’ 16 . 0 0 ’ 68. 8 7 ’ 37. 7 7 ’ S3 8 ^ 1 9 ’ 4 8 " W 12 2 . 6 4 ’ S38^19’48"W 17.77’ 43.44 ’ N51^40’12"W 4 6 . 0 0 ’ R= 3 8 . 0 0 ’ L= 4 8 . 0 2 ’ D= 7 2 ^ 2 4 ’ 1 5 " R=20.00’ L=31.42’ D=90^00’00" 927587 SF 35962 SF 79757 SF 68187 SF 35 9 6 2 S F 323680 SF10233 SF 60196 SF TRACT A-3 "P A L O M A P . U . D . " (P . B . 1 0 8 , P G S . 1 4 4 - 1 5 9 ) 4 0 ’ R / W ( P . B . 1 0 8 , P G S . 1 4 4 - 1 5 9 ) 12 ’ W . L . E . (O . R . B . 2 0 9 2 7 , P G . 1 8 2 8 ) 12’ W.L.E. (O.R.B.20927, PG.1824) R=22.50’ L=30.35’ D=77^17’19" R=1226.00’ L=78.58’ D=03^40’20" N 918102.009 E 946536.956 N 918682.585 E 946558.973 N 9 1 8 4 6 4 . 1 3 8 E 9 4 5 3 7 2 . 0 3 9 N40^53 ’ 4 4 " E 1 1 0 5 . 8 3 ’ N6 9 ^ 1 5 ’ 5 7 " W 1 4 8 . 9 1 ’ W. L . E . N38 ^ 1 9 ’ 4 8 " E N38 ^ 1 9 ’ 4 8 " E 276 . 2 5 ’ N38 ^ 1 9 ’ 4 8 " E 297 . 4 4 ’ N38 ^ 1 9 ’ 4 8 " E 276 . 2 5 ’ W. L . E . N38 ^ 1 9 ’ 4 8 " E 11 . 9 1 ’ N38^19’48"E 16.60’ S3 8 ^ 1 9 ’ 4 8 " W 92. 2 3 ’ N06^40’12"W 40.62’ L= 1 2 . 0 3 ’ D= 1 2 ^ 3 1 ’ 4 6 " N 7 3 ^ 3 9 ’ 0 4 " W 5 0 . 5 1 ’ N 2 8 ^ 3 9 ’ 0 3 " W 5 0 . 2 1 ’ N 2 8 ^ 3 9 ’ 0 3 " W 5 0 . 7 4 ’ N 7 3 ^ 3 9 ’ 0 4 " W 5 5 . 4 9 ’ 1 2 . 0 0 ’ N 1 6 ^ 2 0 ’ 4 9 " E 1 0 2 . 1 4 ’ L= 5 1 . 5 3 ’ D= 5 3 ^ 4 0 ’ 5 6 " 101 . 5 8 ’ S40^ 5 3 ’ 4 4 " W 494. 1 5 ’ TRACT C-3 58534 SF S40^ 5 3 ’ 4 4 " W 1 0 3 . 0 7 ’ 100.49 ’ 12.06’ 182.30 ’ S54 ^ 4 7 ’ 2 0 " E 2 3 6 . 1 1 ’ 587. 0 1 ’ R = 1 2 0 6 . 0 0 ’ L= 1 1 1 . 1 7 ’ D = 0 5 ^ 1 6 ’ 5 4 " R = 1 2 0 6 . 0 0 ’ L = 4 8 5 . 6 7 ’ D = 2 3 ^ 0 4 ’ 2 5 " N89^57’57"E 131.57’ 20.39’ L = 1 0 5 . 4 0 ’ D = 0 5 ^ 0 5 ’ 3 1 " RIG H T - O F - W A Y (O.R . B . 5 8 0 5 , P G . 1 8 4 ) LIMITE D A C C E S S RIGHT- O F - W A Y (O.R.B. 5 8 0 5 , P G . 1 8 1 ) 4 0 ’ R / W ( O . R . B . 2 0 9 2 7 , P G . 1 8 3 6 ) ( O . R . B . 2 1 3 0 4 , P G . 8 5 6 ) S54 ^ 4 7 ’ 2 0 " E S 1 1 ^ 1 3 ’ 0 7 " E 1 0 2 . 2 7 ’ N89^57’57"E 80.27’ N54 ^ 4 7 ’ 5 4 " W 2 1 5 . 8 0 ’ R=23.00’ L=34.37’ D=85^36’55" R=18.00’ L=22.75’ D=72^24’15" R=33.00’ L=20.29’ D=35^14’09" N 2 2 ^ 5 9 ’ 1 5 " W ( R A D I A L ) 8 4 . 8 6 ’ R=20.00’ L=31.42’ D=90^00’00" L=35.10’ D=100^33’40" 8.3 0 ’ L = 6 2 . 2 7 ’ D = 0 3 ^ 0 0 ’ 3 0 " L = 2 3 . 1 3 ’ D = 0 1 ^ 0 7 ’ 0 4 " S81^54’52"E 33.79’ S81^54’52"E 34.28’ S08^05’08"W 12.00’ T R A C T B - 6 5 8 5 3 S F T R A C T B - 1 N 2 3 ^ 3 6 ’ 5 6 " W 4 4 1 . 8 6 ’ N 2 3 ^ 3 6 ’ 5 6 " W 4 5 3 . 0 2 ’ S 6 6 ^ 2 3 ’ 0 4 " W 3 6 . 0 0 ’ N 2 3 ^ 3 6 ’ 5 6 " W 9 . 0 2 ’ S 7 8 ^ 2 9 ’ 5 7 " W 4 0 . 5 2 ’ S 1 1 ^ 3 0 ’ 0 3 " E 1 0 . 0 0 ’ S 7 8 ^ 2 9 ’ 5 7 " W 4 2 . 6 6 ’ 15’ W.M.E. 69.00’ S 0 0 ^ 0 2 ’ 0 3 " E 2 3 2 . 2 2 ’ 4 0 ’ W . M . E . 52.17’ R=50.00’ L=47.68’ D=54^38’26" R=36.32’ L=62.03’ D=97^51’30" 65.06’ S20 ^ 4 4 ’ 0 3 " W 37. 6 9 ’ S38^19’48"W 185.21’ R=105.00’ L=33.61’ D=18^20’25" D =8 6^13’54" {10’ U.E. 2 8 6 6 S F T R A C T R - 4 L = 1 4 6 . 7 7 ’ D = 0 7 ^ 0 5 ’ 2 6 " N70^31’29"E 20.93’ (N.R.) L=139.78’ D=06^38’27" S89^56’34"W 20.26’(N.R.) D = 0 2 ^ 5 2 ’ 0 6 " L = 6 0 . 3 8 ’ L=56.18’ D=02^42’50" D = 1 3 ^ 3 3 ’ 5 2 " L = 2 8 5 . 5 1 ’ L=278.60’ D=13^27’32" 5’ L.A.E. 2 0 7 0 9 S F 5 6 4 1 S F S 1 6 ^ 2 0 ’ 5 8 " W 9 5 7 . 7 9 ’ 6 R = 1 1 4 . 0 0 ’ 6 L = 5 7 . 1 5 ’ 2 D = 2 8 ^ 1’19 " E 946576.082 N 918110.330 N 918671.325 E 946597.357 T R A C T Z 13 4 2 5 0 S F 94 0 . 8 1 ’ 40’ 12 3 . 5 2 ’ 40’ STORM WATER DRAINAGE EASEMENT (O.R.B. 22405, PG. 788) MATCH LINE SEE SHEET 4 LEGEND: ABBREVIATIONS: = SET P.R.M. (UNLESS OTHER- WISE NOTED)-4" X4" CONC. MON. WITH ALUMINUM DISK STAMPED P.R.M.#LB7264 = SET P.C.P. #LB7264 { = CENTERLINE CH = CHORD CHB = CHORD BEARING CONC. = CONCRETE COR. = CORNER D = DELTA (CENTRAL ANGLE) D.E. = DRAINAGE EASEMENT L = ARCLENGTH L.B. = LICENSED BUSINESS L.E. = LANDSCAPE EASEMENT L.S. = LICENSED SURVEYOR L.S.E. = LIFT STATION EASEMENT MON. = MONUMENT O.R.B. = OFFICIAL RECORDS BOOK N.P.B.C.I.D. = NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT N.R. = NON-RADIAL P.A.E. = PEDESTRIAN ACCESS EASEMENT P.B. = PLAT BOOK P.B.C.R. = PALM BEACH COUNTY RECORDS PG. = PAGE P.C.P. = PERMANENT CONTROL POINT P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT P.R.M. = PERMANENT REFERENCE MONUMENT P.S.M. = PROFESSIONAL SURVEYOR & MAPPER P.U.D. = PLANNED UNIT DEVELOPMENT R = RADIUS R.E.E. = ROOF ENCROACHMENT EASEMENT R/W = RIGHT-OF-WAY S.E. = SIDEWALK EASEMENT SEC. = SECTION S.F. = SQUARE FEET SLE = SEWER LINE EASEMENT U.E. = UTILITY EASEMENT WLE = WATER LINE EASEMENT W.M.E. = WATER MANAGEMENT EASEMENT WMME = WATER MANAGEMENT MAINTENANCE EASEMENT WMAE = WATER MANAGEMENT ACCESS EASEMENT GRAPHIC SCALE 0 100’50’ 1"= 50’ 5 SHEET 3 SHEET 4 SHEET 5 C E N T R A L B O U L E V A R D VI C T O R I A F A L L S B O U L E V A R D E L M A V E N U E TR A C T B - 1 TR A C T B - 2 PACIF I C O COUR T I N T E R S T A T E 9 5 KEY MAP NOT TO SCALE S.E.CORNER SEC. 36-41-42 FOUND P.B. COUNTY BRASS DISK IN CONC. MON. N 916923.882 E 950755.094 S.E.CORNER W. 1/2 SEC. 36-41-42 FOUND P.B. COUNTY BRASS DISK IN CONC. MON. N 916984.144 E 948127.377 N88^41’11"W 2628.31’ S.LINE S.E. 1/4 SEC. 36-41-42 N59^27’41"E 8.80’ N23^36’56"W 453.02’ SHEET OF 5 Tel: (561) 241-9988 Fax: (561) 241-5182 951 Broken Sound Parkway, Suite 320 Boca Raton, Florida 33487 Prepared by: Jeff S. Hodapp, P.S.M. Certificate of Authorization No. LB7264 S U R V E Y I N G & M A P P I N G 03152 A PORTION OF THE SOUTHEAST ONE-QUARTER OF SECTION 35, AND THE WEST ONE-HALF OF SECTION 36, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA. JANUARY, 2008 E R / W I - 9 5 ( O . R . B . 5 8 0 5 , P G . 1 8 1 ) F . D . O . T . R I G H T - O F - W A Y S E C T I O N 9 3 2 2 0 - 2 4 7 4 P R O P O S E D R / W I - 9 5 ( O . R . B . 1 4 6 3 0 , P G . 5 7 3 ) ( O . R . B . 1 5 2 7 6 , P G . 1 4 2 6 ) E L I N E S E 1 / 4 S E C . 3 5 - 4 1 - 4 2 W L I N E S W 1 / 4 S E C . 3 6 - 4 1 - 4 2 L I M I T E D A C C E S S R I G H T - O F - W A Y ( O . R . B . 5 8 0 5 , P G . 1 8 1 ) N 3 0 ^ 3 1 ’ 4 7 " W 6 4 1 . 0 7 ’ N88^34’50"W 456.20’ . R = 2 4 4 2 4 1 3’ 9 L = 9 7.8 2’ 5 D = 0 2 ^ 1 7’5 " F P L E A S E M E N T ( O . R . B . 4 6 4 8 , P G . 2 4 5 ) TRACT C-1 T R A C T Y - 1 TRACT S-4 T R A C T B - 1 T R A C T B - 1 PLAT LIMITS P L A T L I M I T S 40’ 40’ 40’40’ S LINE SW 1/4 SEC. 36-41-42 35’ CANAL EASEMENT (O.R.B. 2914, PG. 666) 10’ SEACOAST UTILITY EASEMENT (O.R.B. 10264, PG. 1791) 35’ CANAL EASEMENT (O.R.B. 2914, PG. 670) SEACOAST UTILITY EASEMENT (WIDTH VARIES)(O.R.B. 9111, PG. 1830) 15’ W.M.E. 12’X20’ S.L.E. 5’ L.A.E. 10’ U.E. TRACT S-3 E L M A V E N U E N 2 7 ^ 3 7 ’ 0 4 " W 6 6 5 . 0 0 ’ S 0 0 ^ 0 3 ’ 2 6 " E 1 0 8 . 2 7 ’ N62^2 2 ’ 5 6 " E 74.51’ S28^1 7 ’ 4 5 " E 20.00’ R = 5 7 . 0 0 ’ L = 6 7 . 9 4 ’ D = 6 8 ^ 1 7 ’ 5 0 " N89^56’34"E 446.52’ N 0 0 ^ 0 3 ’ 2 6 " W 6 3 . 1 3 ’ N 2 8 ^ 1 7 ’ 4 2 " W 3 0 . 0 0 ’ 441.51’ N88^34’50"W 299.48’ N88^34’50"W 20.00’ S01^25’10"W 12.00’ S 0 1 ^ 2 5 ’ 1 0 " W 3 1 7 . 6 2 ’ 5 . 0 0 ’ 2 8 6 . 3 2 ’ 3 1 . 3 0 ’ 1 5 . 0 0 ’ S01^25’10"W 10.00’ S88^34’50"E 84.04’ 3 3 . 7 4 ’ 1 4 . 4 1 ’ 386.78’ S 2 8 ^ 1 8 ’ 0 1 " E 4 0 5 . 3 2 ’ 3 7 1 . 5 8 ’ S 2 8 ^ 1 7 ’ 1 0 " E 4 4 2 . 0 0 ’ S 2 9 ^ 3 1 ’ 3 6 " E 7 9 5 . 0 0 ’ 10.00’ 1 4 4 . 9 7 ’ N59^27’41"E 32.46’ S30^32’19"E 10.00’ S59^27’41"W 32.63’ R = 3 0 6 0 . 0 0 ’ L = 7 1 7 . 0 0 ’ D = 1 3 ^ 2 5 ’ 3 1 " S 0 1 ^ 2 5 ’ 1 0 " W 3 4 1 . 9 2 ’ P L A T L I M I T S S01^25’10"W 24.43’ R = 3 0 4 0 . 0 0 ’ L = 7 1 2 . 3 2 ’ D = 1 3 ^ 2 5 ’ 3 1 " 322941 SF 5 8 8 8 4 S F 325 SF 8621 SF "PALOMA P.U.D." (P.B. 108, PGS. 144-159) "PALOMA P.U.D." (P.B. 108, PGS. 144-159) 4 0 ’ R / W ( P . B . 1 0 8 , P G S . 1 4 4 - 1 5 9 ) N 917058.149 E 946178.398 N 917047.838 E 946594.482 N 917389.667 E 946602.952 N 917610.366 E 945852.731 N01^25’10"E 25.70’ N88^34’50"W 1493.94’ 4 0 ’ R / W ( O . R . B . 2 0 9 2 7 , P G . 1 8 3 6 ) ( O . R . B . 2 1 3 0 4 , P G . 8 5 6 ) 8 4 . 8 6 ’ ( N . R . ) N59^2 8 ’ 1 1 " E (RA D I A L ) L = 3 3 2 . 0 0 ’ D = 0 0 ^ 4 6 ’ 4 4 " S66^23’04"W 13.31’ S30^32’19"E 42.47’ S30^32’19"E 41.26’ N59^27’41"E 10.00’ S66^23’04"W 10.78’ N23^36’56"W 15.15’ N59^27’41"E 9.84’ N23^36’56"W 441.86’ I N T E R S T A T E 9 5 L=17.23’ D=00^02’25" TRACT A-1 927587 SF 4 0 ’ W . M . E . 2 0 7 0 9 S F 2 0 7 0 9 S F S 0 1 ^ 2 5 ’ 1 0 " W 3 4 1 . 9 2 ’ 40.00’ 0 R = 3 1 0 . 0 0 ’ . L = 7 2 6 3 8 ’ = D 1 3 ^ 2 5 ’ 3 1 " N 917046.848 E 946634.471 N 917388.676 E 946642.942 T R A C T Z 1 3 4 2 5 0 S F 40’ 40’ STORM WATER DRAINAGE EASEMENT (O.R.B. 22405, PG. 788) CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: April 17,2008 Meeting Date: May 15,2008 SubiecuApenda Item: Evaluation and Appraisal Report (EAR)-Based Comprehensive Plan Amendments Workshop: City staff is presenting the Comprehensive Plan Amendments relative to the adopted EAR in a public workshop session. Future Land Use, Transportation and Housing Elements will be presented at this workshop. City staff is requesting discussion and direction from City Council. [XI Recommendation to APPROVE [ ] Recommendation to DENY I Reviewed by: City Attorney Christine Tatu Growth Managem Administrator Kara L. Irwin, AI& 1 Approved By: Originating Dept.: Growth Management: Manager &* Planning Nilsa Zacarias Stephen Mayer 5fi Senior Planner [ ] Quasi-Judicial [ ] Legislative [ ] Public Hearing Advertised: Date: 5/2/08 Paper: PB Post [ 3 Not Required Affected parties: ------ [ ]Notified [XI Not Required FINANCE: Senior Accountant -N/A- Tresha Thomas Costs: $-N/A Total $- N/A- Current FY Funding Source: [ 3 Operating [XI Other-NIA Budget Acct.#: NA X Action: N/A] Approved N/A] App. w/ conditions N/A] Denied 3 Rec. approval 3 Rec. app. wl conds. ] Rec. Denial N/A] Continued 0: 4ttachments: Zxecutive Summaries: 0 Future Land Use Transportation Housing Zomprehensive Plan Amendments GOPs: Future Land Use Transportation Housing Sections of Adopted EAR Date Prepared: March 11,2008 Meeting Date: April 8, 2008 Page 2 of 3 EXECUTIVE SUMMARY The purpose of the Evaluation and Appraisal Report (EAR) was to examine the Comprehensive Plan since its most recent EAR-based Comprehensive Plan Amendment in 1999, and assess how well the Plan is serving the City in accordance with Chapter 163.3191, Florida Statutes. This process is required once every seven years. The EAR identified what changes had occurred and proposed how the Comprehensive Plan could be modified to accommodate them. City Council approved the EAR through the adoption of Resolution 143, 2006 on December 2 1,2006. Part of the initial EAR process was to identify Major Issues facing the City. The Major Issues paper was approved for transmittal to the Florida Department of Community Affairs (DCA) by City Council at the April 6, 2006 public hearing. The EAR process requires that the report address each major issue relative to the Comprehensive Plan elements, and propose any corrective measures. The Major Issues addressed in the EAR are as follows: Plan for western growth - Review the policies relative to western development in order to better plan for future needs. Diversijj land-uses for future development, infill, and redevelopment for the eastern portion of the City - Implement policies that further a sustainable community. Develop a creative transit system to address future traffic needs - Develop policies that provide for the development of a “transit ready” community. Maintain the City’s roadway linkages - Implement policies and guidelines that.further the interconnectivity of the City’s roadway network. Re-evaluate the City’s proposed level of service criteria for public parks - Examine LOS standards and drafi amendments in order to provide a variety of adequate ,facilities. Pursue the provision of Workforce Housing - Explore various options in order to pursue the provision of Workforce Housing. Encourage Economic Development ,for Bioscience Users - Implement policies conducive to the development of The Scripps Research Institute (TSRI) and the bioscience community. After the City Council transmittal of the EAR to the Department of Community Affairs (DCA), DCA determined the adopted EAR was sufficient, and allowed the City to start the EAR-based Comprehensive Plan Amendment process. These amendments are to be adopted within 18 months of the sufficiency notification, unless DCA grants an extension of time. Staff filed and was granted a six-month extension to this deadline; therefore, the City is required to adopt the EAR-based Comprehensive Plan Amendment by February 26,2009. Date Prepared: March 11,2008 Meeting Date: April 8,2008 Page 3 of 3 Please be advised that the purpose of this public workshop is to inform and receive comments from City Council members and residents. At this workshop, Future Land Use, Transportation and Housing Elements will be presented. Staff has reviewed each element, researched each subject and proposgd a sustainable comprehensive plan supporting the City’s efforts to “Going Green” and “celebpte quality-of-life by fostering an environment of excellence”. As part of this proactive proctss, the community needs to be informed, involved and inspired to be a central part of the adopted Comprehensive Plan Amendments. PLANNING. ZONiING, AND APPEALS BOARD PUBLIC WORKSHOP mposed EAR-Based Amendments-Future Land Use, Transportation and Housing Elements- on April 8, 2008. The Board provided to Staff the following major comments: Guidelines for Architectural Character and Community Appearance: avoid proposing a checklist that will undermine creativity. Transit oriented projects: these initiatives should be considered at a regional level Transportation tables: review table 2E Mobile homles: review definition for mobile homes and manufactured homes Workforce housing: review impact fees as incentives. Auxiliary dwelling units: board members recommended this housing initiative. Inclusionary housing: consider on-site and off-site alternatives. 0 The following public comments were part of this workshop: 0 0 There is not too much vacant land in our City. The older neighborhoods are ready for redevelopment, and we need to ask them: what do they want in their neighborhood? Workforce housing needs to be available to teachers, police, fire, and nurses too. Most of the proposals are good. Some of the transit projects will demand federal grants. STAFF RECOMMENDATION Staff is requesting input and comments fi-om City Council on the proposed EAR-based -- -- Comprehensive Plan amendments. We want to thank you in advance for taking the time to read this material and providing us with your comments. Please notice that each Element includes an Executive Summary outlining the main proposed initiatives, and recommended studies and actions. All proposed changes are highlighted in yellow, underline means new lanpuape, and &&&bet& means removing language from the existing Compre h em ive Plan. EVALUATION AND APPRAISAL REPORT (EAR)-BASED COMPREHENSIVE PLAN AMENDMENTS PUBLIC WORKSHOP May 15, 2008 WHAT IS A COMPREHENSIVE PLAN? EVALUATION AND APPRAISAL REPORT (EAR)-BASED AMENDMENT PROCESS EAR-BASED AMENDMENT PRINCIPLES FUTURE LAND USE Feedback/Comments/?? TRANSPORTATION Feedback/Comments/?? HOUSING Feedback/Comments/?? NEXT STEPS Feedback/Comments/?? 2 Site Plan Land Development Regulation Comprehensive Plan Foundation to guide future growth and development Building block to ensure quality of life The foundation –Comprehensive Plan The framework -Land Development Regulation The details -Site Plan 3 Florida Growth Management Act (Adopted 1985) 67 Counties and 410 municipalities adopt Local Government Comprehensive Plan (Chapter 163, Part II, F.S.) Purpose: guide future growth and development Contains chapters or “elements” that addresses: Future Land Use Transportation Housing Infrastructure Conservation Coastal Management Recreation and Open Space Intergovernmental Coordination Public School Facilities Capital Improvement 4 Section 163.3191, F.S. Every 7 years each local government shall adopt and Evaluation and Appraisal Report (E.A.R.) Assess progress of implementing comprehensive plan Revise plan to address current and future: Community objectives Changing conditions Trends affecting the community Changes in state requirement 5 Every 7 years Evaluation and Appraisal Report (EAR) Adopted by City Council Dec 2006- Proposed Recommendations Found sufficient by DCA Feb 2007 Evaluation and Appraisal Report- Based Amendment (on going proposed amendments) Transmitted by August 2008 Adopted by Feb 2009 Review-update Land Development Regulation (LDR) Conduct studies and update vision Gear up for next EAR session EAR Comp Plan Amendments LDRStudies Visioning 6 MAJOR ISSUES –APPROVED BY CITY COUNCIL APRIL 2006 1. Plan for western growth 2. Diversify land uses for develop., redevelop., infill-eastern portion of City 3. Develop transit system to address traffic needs 4. Maintain City’s roadway linkages 5. Assess Level of Service for public parks 6. Pursue provision of Workforce Housing 7. Encourage economic development for Bioscience users 7 What kind of City do we have now? 8 How do we make this Signature City sustainable for the enjoyment of your children and grandchildren? What does it take for this City to continue improving and offering a first class quality of life for all its residents? 9 Sustainability A Balanced Community “Sustainable Comprehensive Plan” Land Use Reduce CO2 Emissions Green Design Energy Conservation Diversify Land Use Redevelopment Pedestrian/Bicycle Oriented Neighborhoods Efficient Public Transportation Sustainable Economic Development Elderly and Workforce Housing Heat Reduction: Greener Streetscapes and More Open Spaces “Going Green” 10 Sustainable Economic Development: Future Land Use Transportation HousingLand Use Housing Economic Develop. Transit 11 Eastern Area Few Vacant Sites RedevelopmentUrban Growth Boundary Western Area Vision-Proactive 12 Consider surrounding properties and proper transition of land uses Direct development and redevelopment consistent with Comprehensive Plan, planning principles, community character Ensure adequate sites, public utilities and services to stimulate growth Discourage uses inconsistent with City's character and future land uses Coordinate development and redevelopment - mitigate potential adverse impacts 13 Encourage improvement and redevelopment of older properties Adopt Bioscience Research Protection Overlay (BRPO) Regulations Adopt Transit Oriented Development Zoning Overlay (TODO) promoting rail station Encourage multi-modal transit Encourage LEED*/USGBC* green building standards Provide incentives for certified buildings or sites Embrace Sustainable Development Principles in the City’s vision update, including future vision for western area *LEED -Leadership in Energy and Environmental Design *USGBC -US Green Building Council 14 PROPOSED STUDIES/ ACTIONS 2009 Conduct Annexation Study (Policy 1.3.1.4., page 33) Update City’s “Vision Plan” (Policy 1.3.7.1., page 36) 2010 Incorporate incentives for green building (Policy 1.3.6.1., page 36) Adopt FARs* (Policy 1.1.2.8., page 22) Adopt BRPO* regulations (Policies 1.3.4.1 and 1.3.4.4, page 35) Adopt incentives for redevelopment (Policy 1.4.2.12., page 32) *FAR -Floor Area Ratio *BRPO -Bioscience Research Protection Overlay 15 PROPOSED STUDIES/ ACTIONS 2010 Incorporate incentives for bioscience users (Policy 1.3.4.3., page 35) Assess and improve design guidelines (Policy 1.2.4.9., page 32) 2011 Conduct TOD* community based planning process (Policy 1.3.5.1., page 36) 2012 Adopt multi-modal overlay for planned transit corridors (Policy 1.1.1.20., page 14) Prepare Archeological, Cultural and Historic Preservation Assessment (Policy 1.2.4.10., page 32) *TOD -Transit Oriented Development 16 Maintain adopted level of service (LOS)standards Encourage strategies to reduce demand on traffic circulation and alleviate congestion Maintain sustainability through financially feasible Capital Improvement Program Coordinate transportation planning with future land uses Establish network of streets providing multiple routes Maintain land development regulation requirements for safety and aesthetics Encourage various modes of transportation 17 Encourage public transit use,bicycle,pedestrian paths -support proposed multi-modal overlay Coordinate with local transit service providers and local municipalities the City’s transit initiatives Recognize direct link between public transit,land use,workforce housing, and economic development 18 PROPOSED STUDIES/ACTIONS 2009 Adopt peak-hour, intersection and daily traffic standards (Policy 2.1.1.2., Page 1) Adopt TDM* strategies (Policy 2.1.1.1., Page 16) Prepare Transit Needs Assessment Study (Policy 2.3.3.1., Page 23) 2010 Provide disincentives for removal of links on Thoroughfare Plan (Policy 2.2.1.3.,Page 16) Conduct City-wide Bike /Pedestrian Network Plan (Policy 2.2.1.4., Page 16) * TDM -Traffic Demand Management 19 PROPOSED STUDIES/ACTIONS 2010 Control vehicle access and encourage cross-connections (Policy 2.2.1.5., Page 16) Provide Strategies to relieve congestion off FIHS* (Policy 2.2.1.7., Page 16) Prepare Streetscape and Landscaping Plan (Policy 2.2.5.2., Page 20) 2011 Conduct TOD*Overlay Study (Policy 2.3.3.2.,Page 21) Multi-Modal Transportation Plan (Policy 2.2.6.6.,Page 22) *FIHS-Florida Interstate Highway System * TOD -Transit Oriented Design 20 Promote sustainable and energy efficient standards for housing Assist private sector to provide housing of various types,sizes and costs Identify substandard units Encourage housing and supportive services for elderly and special needs residents 21 Conserve and extend the useful life of existing housing stock Promote affordable and workforce housing to sustain a balanced community and economic growth Provide adequate supply of land for affordable and workforce housing Encourage auxiliary dwelling units (ADUs) to increase supply of housing Essential Service Personnel- household income: 140% of annual median income ($85,680)- teachers, nurses, police and fire personnel, planners, retail service, etc. 22 PROPOSED STUDIES/ACTIONS 2010 Develop an Affordable/Workforce Housing Needs Assessment and Implementation Plan (Policy 3.2.1.2.-Pg 3-5) Adopt overcrowding regulation to support code enforcement efforts (Policy 3.1.3.1-Page 3-2) Identify infill and redevelopment sites for affordable/workforce housing (Policy 3.2.2.1.-Page 3-7) 2011 Promote conservation programs and energy efficient practices (Policy 3.1.1.1.- Page 3-1) Consider inclusionary housing regulations on-site/off-site (Policy 3.2.2.3.-Page 3-7) Define incentives for green building standards -Provide education awareness program for developers (Policy 3.1.1.2-Page 3-1) Provide incentives to private sector for provision of affordable /workforce housing (Policy 3.2.1.9- Page 3-6) Review Land Development Regulation (LDR) to streamline review and permitting for affordable/ workforce housing (Policy 3.2.1.9.–Page 3-6)23 PROPOSED STUDIES/ACTIONS 2012 Develop a Senior and Special Needs Housing Study and Implementation Plan (Policy 3.1.4.4-Page 3-2) Evaluate nursing home, assisted living facilities, group homes and mobile homes (Policy 3.1.5.5.-Page 3-3) Update housing needs projections based on 2010 Census (Policy 3.2.1.5.-Page 3-6) Provide education awareness programs to support workforce housing (Policy 3.2.3.11-Page 3-9) 2013 Develop Neighborhood Enhancement Plans for declined neighborhoods (Policy 3.1.6.2.- Page 3-4) Consider creating Neighborhood Coordinator position (Policy 3.1.6.5.-Page 3-4) 24 Adoption Process Objections, Recommendations and Comments Report (October 2008)Adoption (Feb 2009) Public Hearings PZAB (July 8th)City Council (August 7th) -Transmittal Public Workshops 1st -PZAB (April 8th ) 2nd -(May 27th ) 1st -City Council (May 15th) 2nd -(June 5th) 25 26 EAR BASED COMPREHENSIVE PLAN AMENDMENT FUTURE LAND USE ELEMENT - EXECUTIVE SUMMARY Future Land Use Element Overview The existing Future Land Use Element has one general goal that includes a wide range of provisions. Staff incorporated the existing definitions of land use categories into the Goals, Objectives and Policies, and organized the Element into three distinct Goals. Goal 1 is existing and focuses on the City’s utilization of the future land use category system, which is now incorporated not as definitions but as policies. The rewritten Goal 1 also enforces land use compatibility and provides descriptions for transitioning land uses. Goal 2 is proposed by staff, and it focuses on the promotion of consistent objectives and policies for development and redevelopment activities, including incentives to encourage Leadership in Energy and Environmental Design (LEED) and Green Building initiatives. Goal 3 is also proposed by staff, and it focuses on policies which promote a livable and sustainable community for the future needs of our residents, including the preparation of a Transit Oriented Development (TOD) overlay. The following initiatives are part of the proposed Future Land Use Element: Maintain compatible land uses which consider the intensities and densities of land use activities, their 0 0 0 0 0 0 0 0 0 relationship to surrounding properties and the proper transition of uses. (Goal 1.1, and Objective 1.1. I., Page 1-1, from Existing Dejinitions and Goal 1) Maintain land development regulations to manage future growth and development in a manner that provides needed facilities and services, protects environmental resources, and encourages infill and redevelopment of the eastern portion of the City. (Objective 1.1.2., Page 1-14, Existing) Maintain land development regulations containing standards and provisions to encourage the elimination or reduction of uses inconsistent with the City‘s character and future land uses. (Objective 1.1.3., Page 1-23, Existing) Encourage development or redevelopment activities while promoting a strong sense of community, consistent quality of design and not threatening to existing neighborhood integrity and historic and environmental resources. (Goal 1.2, Page 1-23, Proposed) Issue development orders and permits for development or redevelopment activities only if the protection of natural resources is ensured and consistent with the goals, objectives, and policies of the Conservation, Infrastructure and Coastal Management Elements of this Comprehensive Plan (Objective 1.2. l., Page I-23 Existing) Issue development orders and permits for development and redevelopment only in those areas where suitable topography and soil conditions exist to support such development. (Objective 1.2.2., Page 1-24, Existing) Issue development orders and permits for development and redevelopment activities only in areas where public facilities necessary to meet level of service standards (which are adopted as part of the Capital Improvements Element of this Comprehensive Plan) are available concurrent with the impacts of development. (Objective 1.2.3., Page 1-24, Existing) Direct future growth, development and redevelopment to areas as depicted on the Future Land Use Map, consistent with: sound planning principles; minimal natural limitations; the goals, objectives, and policies contained within this Comprehensive Plan; and the desired community character. (Objective 1.2.4., Page 1- 26, Existing) Maintain Land Development regulations which provide for the protection, preservation and reuse of public and private historic resources. (Objective 1.2.5., Page 1-33, Existing in Coastal Management Element) Plan for future needs to promote livable communities, including sustainable economic development for bioscience users, transit oriented development, and other efforts to promote sustainable growth. (Goal I. 3, Page 1-34, Proposed) Expand the City’s economic base by promoting commercial and industrial activities as planned and illustrated on the Future Land Use Map, and by ensuring adequate sites and timely provision of public utilities and services to stimulate such growth. (Objective 1.3. I., Page 1-34, Existing) Improve coordination with affected and appropriate governments and agencies to maximize their input into the planning and development process and mitigate potential adverse impacts of future development and redevelopment activities. (Objective 1.3.2., Page 1-35, Existing) Date Prepared: March 11,2008 Meeting Date: April 8,2008 Page 2 of 2 In coordination with the Northlake Boulevard Corridor Task Force, pursue various means to encourage improvement, enhancement, renovation or redevelopment of the older properties along Northlake Boulevard, east of Military Trail, and thereby arrest a decline in the quality of land uses and the consequent negative impact on taxable values and the overall aesthetic appearance of the corridor. (Objective 1.3.3., Page 1-35, Existing) Maintain a Bioscience Research Protection Overlay (BRPO) for the purpose of promoting Bioscience Uses and deterring the conversion of those uses to commercial or residential uses. (Objective 1.3.4., Page 1-36, Existing;) Adopt a Transit Oriented Development Zoning Overlay (TODO) for the purpose of promoting the location of a rail station in the City and providing sustainable development that encourages multi-modal transit. (Objective 1.3.5., Page 1-36, Proposed) Adopt and maintain land development regulations that are aimed at eliminating barriers toward the certification by Leadership in Energy and Environmental Design (LEED), US Green Building Council (USGBC), or any comparable certification organizations, as well as providing incentives for building certified buildings or sites. (Objective 1.3.6, Page 1-37, Proposed) Coordinate and plan for the annexation of unincorporated enclaves (Objective 1.3.7., Page 1-38, Proposed) Incorporate a Sustainable Development Goal in the City's vision update process, including the future vision for the area outside of the Urban Growth Boundary. (Objective 1.3.8., Page 1-39, Proposed) 0 0 0 The following studies or actions are recommended by stafj (Policy 1.1.2.8., page 22) I Incebtivcs for redevelopment (Policy 1.4.2.12, page 32) I I ASS~ the design guidelines (Policy 1.2.4.9., page 32) F TURE LAND USE ELEMENT Goals, Objectives and Policies Goal 1.1 (below) is being reloc ted in order to include the future land use categories within the GOPs. The proposed chang to Goal 1.1. is to include the consideration of intensities and denqitieq their relhnnchin tn ci i rrniindinu nrnnprtipc 2nd nrnner trslncitinnino nf lnnd iicPc Future Land Use Cateporc Rural Residential Residential Verv Residential Low Residential Mediua Residential High Mobile Home Commercial FUTURE LAND USE 1-1 Map designate- - arc ..esignated to the east this boundary H 1. Western lands are designated with rural or lo^ - eason for this ww id to provide a long-term positive and realistic expectation of orderly service provision, ncurrent with the impact of development. land uses. The primar- ~ Rural Residential (RR10 and RR20): The aredominant dwelling twe in the Rural Residential .catePories is inle-family detach( housing and those uses consistent with the land de ioameqt regulation: 'he intent of the rural residential categories ikgm&ms is to provide lo1 & development in these areas while er cou :inp reas and to prevent urban - exist LV I in the Rural desidel Ib-categories, limit1 ' 1,h residential uses. agricultua uses 1 category must be compatible with the environmental char well as with the lifmtvle and quality of life of the resident6 all RRlO/20 zoning distri 1' = - , icultural uses are expected to co- 1 within the Rural Residential source- -- (G-3 and n-tiirol rn 1 - 3ry is encouraged in areas outside of the urban service boundary ar .- 11 be located in sireas that afford attract+ extren values Rural Residential 10: one dwelling unit per ten acresi ~ Rural Residential 20: one dwelling unit per twenty acbes FUTURE LAND USE 1-2 Residential Very Low (RVL): II LLLW I\wo~uwiLcLuL v wi y land those uses ccistent with the land amounts of open space and natural resources. i, nc :, glare, dust or fumes. I V& LOW category all01 - fan ,r ae. 1 unit ~er moss $me. The categorv also allc\-is clust iounts of open space and natural resource Tktt4;- A -'eveloDments which preserve vz ;e planned community areas are permitted within this district even if they contain several types of development so long as the overall gross density of the development is consistent with that permitted under the RVL - 'category. I Residential Low (RL): redominant dwelling tvr in the Residential . ___ ng and those uses consistent with the land develom- rem12 . intended - - BThe compatible zoning districts f icts. Non-residential uses --LV be permitted this categorv shi part of : 7 de ionuses avail :*_. r\- FUTURE LAND USE 1-3 :afe---y residential development up to 4.0 units per gross acre. I-- 'prge planned community areas are permitted within this district even if they contail, oevelal types of development as long as the overall gross density of the development is consistent with that permitted under tl,, ' category. Residential Medium (RM): A IA" Boulevard between PGA Boulevard and Boulevard and Northlake Boulevard lesidential Medium, shall be located within the urbi service boundarv aml serves as a transition between Residential Low and more intense land use and shall be located in areas that afford an attractive natural d environment, that ha1 convenient access ,to shotming. and employment opportunities. where water supply and wastewater collectibn services are provided, where polictt and fire service can be provided economicallv. and iwhere Residential Medium uses arr "patially semirated or buffered fro maior streets. corn ' mid o * * - stri * ictiviti -- 'I ' * ses which generate 'pifica category is primarily located along the western side of Central A - -{err - :ma ,su m , -- __- --. , vv llA-.ll -,Jroves deA,,,, a u.uI1 IJnit Develow (PIJDs) and Planned mm itv l3t: density permitted within the Residential Medium designation is 7.0 dwelling units per gross acre. PrgEffff anned community areas may contain residential net densities so long as the overall density of the area is consistent with Residential High H) : ea ana aeracnea si familv housing. dwl---o tL-u-q consiste-' --A~ the iai A -0perty designated Residenti,, tended to ...: priva mperty desimated Residential Higl -r 7 major employment ar facilities in the future con )cated adjacent to oda nass ti sit FUTURE LAND USE 1-4 iless the Citv Council approves the density bonuses avail?ble under the provisions of Plannc IResidenti IZJn't I ,eloDments ,(PUDs) and Planned Communitv Developments (PCDs). the1 allows up to 10.0 dwelling units per gross acre. Mobile Home (MH): located within a mobile home or manufactured home park. The catenor! accommodate mobile home and manufactured hnmp nsrkq The this categorv shall be the RMH zoning district intended cu The City has not proposed any new mobile home sites on the Future Land Use Map; however, mobile homes parks are a permissible use in mixed use districts. The existing mobile home park located at the northwest corner of PGA Boulevard and Prosperity Farms Road is shown on the Future Land Use Map as a mobile home land use. Maximum density permitted in the is 7.0 mobile homes per gross acre. Inc';-riA-il mobile hTlllcs and manufactured homes are permitted on lots in all residentipl caregd I ;,,C;,,, - see Policy 3.1.3.8. Policj - Commercial (C): The Eommercial categor is intended to accommodate a wide range of retail and 0 Jotermined du+- the -9ning rc UUL fie Commercial caterroq - .~ 1 depicts existing commercial ___ uses 4 and proposes future commei 11 areas at primary intersectionsbd shall not be located adiaca to residential lo w DroDertv. unless buffered bv a signilficant natural or Dhvsical bar Commercial land USE is encouraged to locate adjacent to industrial uses, or transitional uses, sut as land designated Drofessional office. mixed use develobment. recreation and o~en mac FUTURE LAND USE 1-5 Commercial land us4 will be limited in intensity to a maximum lot coverage of 35% of the site and a maximum building height of 50 feet. The land development regulations may further restrict intensities. ma Nffice (PO): 1 ne rroressional umce category dmicts existine. and maxIasa The category may bR used as a transition fiom more intense commercial to residential land use Professional Office shall be located within the urban service boundary. surd located in areas tb are either accessible to major arterials or collector roads, where water SUD~Y and wastewat collection services are rrrovidd, where police and fire smfce are movided econor+alYu where the mofessionai office uses are adeauatelv buffered fi&n residential eatePoriesl mture motessional office a Professional Office land use skwke( will be limited in intensity to a maximum lot coverage of 35% of the site and a maximum building height of 36 feet. The land development regulations may further restrict intensities. Industrial (I): Property designated Industrial is to be used in an industrial park arrangement. Development of such areas will promote a well 1andscaDed environment with internal circulation and buffering from la1 i uses. fne compatible zoning, distncts I - FUTURE LAND USE 1-6 Industrial land use- will be limited in intensity to a maximum lot coverage of 60% of the site and a maximum building height of 50 feet. The land development regulations may further restrict intensities. - I rublic/Institutional (P): stations i shall be the P'iI zoning dii llic and instituti-A facilities such as schools, libraries, .. ire allowed. The comPatible zoning. district for this catem Among the sites designated are the existing City Hall at the intersection of Military Trail and Burns Road, existing school sites, and the Palm Beach Community College and North County Courthouse on PGA Boulevard. 1 Ilt: uses Dermlrreu pail oe limited in intensity to a maximLlll lot coverage of 40% of the site and a maximum building height of 50 feet. Public and institutional uses are allowed in all land use categories subject to limitations and location1 criteria identified in this Plan and/or outlined in the Palm Beach Gardens Zoning code. Publi - v nstitutional uses will be approved as conditional uses pursuant to the Palm Beach Gardens Zoning Code if the specific rules and location criteria governing individual conditional uses are complied with. Certain intensive public/institutional uses will not be allowed in residential areas, such as b- ' , airports and wastewater treatment plants. n.ecreation/Open Space (ROS): -- Id--,, category . arks and recreation complexes, and protected op btrict for this category shall be the PI zoning distric ended der iublic fae allowed. The comDatibEe zonii creation and open space uses aet+i& will be limited in intensity to a maximum lot coverage of 40% of the site and a maximum building height of 45 feet. The land development regulations may further restrict intensities. Commercial Recreation (CR): FUTURE LAND USE 1-7 rprovided 1 ~y LO reflect and accol,,,,iodate major pu,,,; and pll vuLb commercial recreation facilities that meet a portion of the recreational needs of residents and tourists. Many of these facilities were conceived as profit-making enterprises and/or are in private ownership. Uses permitted within this category include golf courses, outdoor and indoor recreational facilities such as tennis clubs, amusement and __ sport ~ cen- M __ gun clubs, and outdoor wildlife attractions. Emmercial recreation uses shall be approved and developed as a Planned Community District or Planned Unit Development. comt>atible zoning districts for this catenorv shall be the CR. PUD or PCD zoning districi . - _ - . Tha bmmerciai recreatim will be limited in intensity to a maximum lot coverage of 40% of the site and a maximum wilding height of 45 feet. The land development regulations may further restrict intensities. Pnlir\ Conservation (CONS): The Conservation bat( applies to areas identified as environmentally sensitive or environmentally significant which have been set aside as protected preserves. Limited development, such as passive recreation or ecotourism activities are permitted within this category. intent of the ks+gi&w is to ensure that areas designated Conservation are preserved lev a manner that is responsive to on-site envira COI ~ __ ain The compatible zonE distnct lor this category shall be the CUNS zoning distn ’ Development within areas designated I dwelling unit per 20 acres. Any develol sensitive areas by clustering development as appropriate. 9 shall not exceed a density of 1.0 ent that does occur should preserve environmentally Policy 1.1.1, Tt. 1 Golf (G): Policy 1.1.1.151 Mixed Use Development (MXD): ed for -Af y portrays areas specifically intended or ,,J+@&K,~, wurwFivl kith Public Institutional zoning district in th- -_-_ of a public golf course, district for this category as it applies to a Drivate golf course is PCD or PUD can include public and nAirQte golf courses. AlLllUU~ll I Lypibaiiy cIuiiipaLiu ible zoni Mixed Use Developmen1 is designed for new develop ~ Thi ’ is characterized by a variety of integrated land use types. The intent of the is to provide for a mixture of uses on single parcels in order to develop sites which are sensitiVF; to the surrounding uses, desired character of the community, and the capacity of public FUTURE LAND USE 1-8 facilities to service proposed developments. This future land use is also intended to foster infill and redevelopment efforts, to deter urban sprawl and LO encourage new affordable housing opportunities, as well as lessen the need for additional vehicular trips through the internalization of trips within a neighborhood or project. To create a functioning, multi- faceted type of development, mixed use development is dependent on the successful integration of distinct uses. Integration is defined as the combination of distinct uses on a single site where the impacts from differing uses are mitigated through site design techniques, and where impacts from differing uses are expected to benefit from the close immediate proximity of complementary uses. All requests for development approval based on a mixed use concept must be able to demonstrate functional horizontal integration of the allowable uses, and where applicabl ical integration as we1 pL, comDatible zoning; district for this catenow shall be fhe Mixea use DeveloDmer zoning; distnct. The Mixed Use Develoy-snt catenow is a si --xific designation and shall be have frontage on at least one arte -;-l-nl criteria to be used for development of sites designated a m-u ‘ 1. k dixed . shall be developed as a Planned Community District or a Planned Unit Development. However, land development regulations adopted to implement this Comprehensive Plan shall maintain mixed-use upplemental regulations to provide further criteria for the development of sites with , including - vlixed Use Develoument Future Land Use parking requirements, permitted uses, setbacks and other considerations. 2. xeu use ueve1 shall have frontage on at least 1 al. The expan p the roadway network through the provision of new local streets which ’ Zity’s Conce tual Thoroughfare Plan shall be I I serve new neighborhoods in the City’s developing areas. I B4 Mixed Use Developmen ;hall include a minimum of two (2) of the other FutuGLand Use Categories described in this element. Residential must be one of these uses, unless it is determined by the City Council that the proposed development meets the criteria below established to waive the residential requirement. No single use may comprise more than 60% of the area. Recognizing that mixed use projects have varying characteristics, intensity measures are indicated below which provide flexibility in terms of minimum a-A .. maximum land allocYms. These intensity measures apply only within pc4yr projects. The City Council may waive the maximu. .. .ionresidential height limit for employment center buildings located at the intersection of two arterials. A. Critiera for a Non-Residential Mixed Use Developme The City Council may wai the mandatory residential requirement for any - that meets any two of the following conditions: .. . .. II 1. The parcel represents in-fill development and is surrounded on three sides FUTURE LAND USE 1-9 by non-residential land uses including man-made and natural barriers such as canals and major arterial roadways. 2. The densityhntensity of existing or future land uses immediately surroundingthe parcel are compatible with non-residential uses. 3. The adjacent surrounding planned and approved or existing built environment is over 60% residential, and non-residential uses are determined to provide for greater horizontal integration of uses. 4. Due to size or configuration of the parcel, the ability to provide an economically feasible, sustainable, integrated residentis omDonent th functions to-enhance and complement tie other = 1 uses is limited. m- B. General Mixed TTcp xed Use Develo htensity Measures for Residential Land Use 'omDoner , Land Allocation Lot Coverage Height Open Space Min 15% Neighborhood Commercial Min 2% Max 30% Residential High Min 20% Max 60% Residential Low Min 0% Max 60% Employment Center Min 2% Max 70% Max 4 FL Max 50% Max 4 FL Max 50% Max 3 FL Max 70% Max 4 FL tixed Use Develoxrment, the structure sht 'rime Prevention Throunh Envimnmt d b& of varying heights- create visu est fiom the street1 FUTURE LAND USE 1-10 EDjshall be utilized, ar 'he site and buildings shall be designed to pr0vic.e direct and safe access betho, 11 ite and adiacent land uses that is convenient ant aleasant for the pedestrian. and tl ite and building. shall he hilt to a human scale for nedecfrian Rrrtwc safetv omforl hen st e shall be accessible to the passing public. In addition, the open space arel hould be surrounded bv attractively desimed bqildings and landscaping elements , jell as uses that effectively shape and energize the open space so as to create a foc oint for activitv. The location and desim of open space is critical to ensure aualitv I - -- Special Definitions: Neighborhood Commercial land ,,ulllcIull~llLl shall be used for community-servir - Residential High land -4 in Fixed Use DeveloDma projects shall have a maximum density of 15 unitdacre as a bonus for consideration of planned, multi-faceted development. The area allocated for Residential Low land and Residential High land shall not exceed the 60% limitation, inclusive of both residential types. Employment Center land - shall be used for corporate offices, research and educational facilities, light industry, hotels, warehousing, and similar uses. Employment Center lots shall generally be grouped together. he Open Space-and Residential Low land use components are defined as set forth in tl. uture Land Use Element. with the exception of special land allocation. lot coverage ar ----~g- Bight reauirements ! cifi ' ,- No- ''.esidentiRl Mixed IT- - - --- C. General Mixed "se Residential 1 Intensity Measures for Non- Land Use Land Allocation Lot Coverage Height Open Space Min 15% Commercial Recreation Min 0% Commercial Min 0% Max 30% Max 60% Max 50% Max 4 FL Max 50% Max 4 FL FUTURE LAND USE 1-1 1 Industrial Min 0% Max 60% Max 4 FL Max 60% Institutional Min 0% Max 60% Max 50% Max 4 FL Professional Office Min 2% Max 70% Max 4 FL Max 60% - El -use uev create an aestheticallv deasin~ and livable environment. the, foll A*-*:- tn nrmsv fiw~kers and developers of Mixed Use DeveloDmehts ' 11. .ev design dements to consider are: hllowing t$e c .__-____ - _.-I ..- v.I1-u lazas. other o~en maces and aublic Darking. Where there are muItinIe buildinas in fixed Use Develoment. the structure should bs of vdng heights to create v Iterest fkom the street. rime Prevention %!urn mvironmental uesam cculED1 ShaIl be utrhz~ ieowaged to minimize omrtunities for crime and to increase DubIic safetv.1 he site and buildings shall be designed to movidle direct and safe access betweal 111 te and adiacent land uses that is convenient and/ aleasant for the ~destrian, and th te and building shall he huikto a human scat fir dmtrirrm accecc cafetv an - MllfOrt.~ )4@en mace shall be access.,, ep. ,_ pul- ition, the o~en mace areas should be sup-ounded by attractively desirne aildings and landsca~ingl elements as well as use6 that effectively shaDe and energin 5 to create a focal uoint for activity. The location and design c . ensure auaIif JJauaUd . ~. - fin^ ___ ;et forth i_- ____ - -.ure specified for Non-Residential [!xed Use Develo~mei _-_ ~ . ~. .~ .__._ -f s,-:ial land allocation, lot coverage and height FUTURE LAND USE 1-12 The individual uses, buildings and/or development within 3c shall include interconnecting pedestrian ways and pLas allu shall provide connections to the Parkway System. internalized relationship with the residential component and multi-modal accessibility. Nonresidential uses shall have an Policv 1.1.1.16 Density Reduction Land Use Overlay: A portion of the area commonly referred to as TAZ 848, generally located north of PGA Boulevard, east of the Loxahatchee Slough and west of the SUA wastewater treatment plant, is the subject of a land use overlay. The density within this Overlay is reduced by fifty percent from the underlying land use designation’s potential density. This density reduction is necessitated by the environmental constraints of the property and potential roadway capacity deficiencies. The result of the density reduction is a gross density potential of two dwelling units per acre. Development within the Overlay shall be concentrated to the least sensitive areas and shall be supported by public facilities. No bonus density is applicable in this Overlay area. While a variety of uses and use densitiedintensities may be approved as part of a residential PCD, the overall impact of the densityhntensity shall not exceed that generated by a gross density of two dwelling units per acre. Other requirements and regulations of the Palm Beach Gardens Code of Ordinances and Comprehensive Plan are applicable where not in conflict with the provisions of this Overlay. In addition to presenting the Future Land use categories described above, the Future Land Use Map also includes two transportation components. The Transportation Element of this Comprehensive Plan provides further details on these components. I Bioscience Research Protection Overlay (BRPO): The area designated on the Future Land Use Map includes land that has been determined to be appropriate to accommodate Bioscience Uses, as well as other intellectual knowledge-based industry sectors. “Bioscience Uses ” means those land uses that support scientific and biotechnological research, including theoretical and applied research in all the sciences, as well as product development and testing. Bioscience Uses shall include engineering, legal, manufacturing, and marketing uses which support such research. Bioscience Uses shall also include laboratories, educational facilities, and clinical research hospitals. Office uses, limited support uses, and retail uses accessory to scientific research and development, and workforce residential uses which support such research shall be considered Bioscience Uses. City Council shall have the discretion to approve uses that support sustainability or uses that provide supportive or secondary services that are determined to promote the creation of the cluster, which shall be considered accessory uses, including, but not limited to, conferencehotel facilities, transit uses, or residential uses that provide a workforce or attainable component. - Policv 1.1.1.18 :rcl ... . FUTURE LAND USE 1-13 Two future interchanges shown for 1-95 and Central Boulevard, and ..,rthlake B,,,evard Lulu ,,le Turnpike will not be needed within the first five-year planning timeframe. However, they are designated in order to anticipate their right-of-way requirements construction and to recognize their potential impact on surrounding future land uses. Policv 1.1.1.194 Parkway (0000): The Parkway designation is shown along some of the major arterials within the City. The intent of the Parkway designation is to identify and preserve a corridor of between 300 and 400 feet within which the arterial roadway can occur along with bikeways, pedestrian paths, native vegetative greenways, linear parks, and landscaping. The parkway cross-section will provide an aesthetically pleasing buffer between highly traveled arterials and surrounding residential areas, as well as a safe byway for alternative modes of transportation. The Parkway System has been designated as an urban component of the Florida Greenway System. It is described in more detail in the Conservation and Transportation Elements. One major objective of designating Parkways is to eliminate the perceived need of using strip commercial as a buffer between arterials and residential areas. Therefore, the Parkway concept is integrated into the philosophy of designating commercial and employment areas at intersections or "nodes", eliminating the need for strip commercial use. Objective land development regulations to manage future growth and development in a manncl llldt provides needed facilities and services, protects environmental resources, and acourapes infill and rede-nt nf fd eastern Dortion of the Citv. 7 Policy The City shall continue to maintain land development regulations to ensure that they contain specific and detailed provisions intended to implement the adopted Comprehensive Plan, and which as a minimum: & 1.1.2.1 a. Regulate the subdivision of land; b. Regulate the use of land and water consistent with this element and ensure the FUTURE LAND USE 1-14 compatibility of adjacent land uses and provide for open space; d. e. f. g. h. 1. J. k. 1. Protect areas designated Conservation on the Future Land Use Map and further described in the Conservation, Coastal Management, and Recreation and Open Space Elements of this Comprehensive Plan; Minimize the impacts of land use on water quality and quantity and regulate development which has a potential to contaminate water, soil, or crops; Regulate areas subject to seasonal and periodic flooding and provide for drainage and stormwater management consistent with the Infrastructure Element of this Comprehensive Plan; Protect potable water wellfields and aquifer recharge areas; Regulate signage; Ensure safe and convenient on-site traffic flow and vehicle parking needs; Discourage urban sprawl through the following strategies: (1) (2) mixed-use and clustering requirements (3) (4) locatio4 requirements establishing moderate densities and varied housing opportunities in urban areas promoting urban infill development and redevelopment (5) distinct urban and rural (6) (7) directing public investment to existing urban areas, and annexation and extraterritorial planning agreements. Require landscape buffers and gardens using predominately native species and other appearance measures to maintain a high visual quality - Provide that development orders and permits shall not be issued which result in a reduction of the levels of service for the affected public facilities below the level of service standards adopted in this Comprehensive Plan; Provide for the assessment of impact fees or dedication of land and facilities to off-set FUTURE LAND USE 1-1s costs assumed by the City or other governmental agencies for the provision of facilities or services required by new development; and m. Cooperate with Seacoast Utility Authority through cooperation on the Seacoast Utility Board to insure the maximum utilization of their water and wastewater transport plan so as to implement the economic expansion of facilities within definitive service boundaries. a. Rural Residential 20 (RR20) - up to a maximum of 0.05 dwelling units per gross acre, or one unit per twenty acres; b. Rural Residential 10 (RRIO) - up to a maximum of 0.1 dwelling units per gross acre, or one unit per ten acres; c. Residential Very Low (RVL) - up to a maximum of 1 .O dwelling units per gross acre: d. Residential Low (RL) - up to a maximum of 4.0 dwelling units per gross acre; e. Residential Medium (RM) - up to a maximum of 7.0 dwelling units per gross acre; f. Residential High (RH) - up to a maximum of 10.0 dwelling units per gross acre; g. Mobile Home (MH) - up to a maximum of 7.0 mobile homes per gross acre The policy below (MXD) is replicated in proposed Policy 1.1.1.15. The existing definition of traneous. Mxn ic R Ilupliratinn nf this pplirxr 3nd txxrn hqXD policies Qt.0 -., L I - 1-16 FUTURE LAND USE I ri ' -I 0% I - FUTURE LAND USE 1-17 FUTURE LAND USE 1-18 I Policj a Planned Community District (PCD) which shall implement the following concepts: The City shall maintain land development regulations which provide for a. The intent of a Planned Community District (PCD) is to permit a large area to be developed under one master plan that includes different land use types at several different levels of intensity. Collector roads and development l'podsll are shown as part of the master development plan. Supporting documentation is also included which describes the development intensities assigned to each pod and any restrictions in use or site design requirements. The pods are then developed as individual site plans. b. Although a variety of uses and use intensities may be approved as part of a residential PCD, the overall density must be consistent with the underlying Future Land Use f this Comprehensive Plan the City Council the following - lensities for areas developed as PCDs: Residential Low (RL): Up to 5.0 units per gross acre. Residential Medium (RM): Up to 9.0 units per gross acre. Residential High (RH): Up to 12.0 units per gross acre. C. In addition to the above, PCDs with an underlying Future Land Use designation of RH may have densities permitted up to 15.0 units per gross acre, based on one additional unit FUTURE LAND USE 1-19 d. e. f. of density allowed for every 10% of native ecological habitat put into a preserve within the PCD up to a maximum of 15.0 units per gross acre. These preserve areas would be over and above the minimum preservation and open space areas provided in accordance with standard PCD requirements, and must be incorporated into the Parkway system. In addition to the above, PCDs with an underlying Future Land Use designation of RH may have densities permitted up to 15.0 dwelling units per gross acre for the provision of affordable housing, as defined in this Plan. Parcels within PCDs may be eligible for a density bonus for Assisted Living Facilities pursuant to Policy 3.1.4.6., except in Coastal High Hazard Areas that are the Category 1 Hurricane Evacuation Zones. Through the PCDs flexibility, the City Council may grant waivers to the non-residential intensities described previously. Site plans for pods which are developed within Planned Community Districts shall be developed according to the densities and intensities assigned to them under the Planned Community District master plan documentation. Policj 11L. 1.2.4.: The City shall maintain land development regulations which provide for a Planned Unit Development (PUD) technique which shall implement the following concepts: a. The intent of a Planned Unit Development (PUD) is to ensure the desired character of the community is furthered or enhanced on development sites within the City, particularly on sites where the development proposed is rather intense. Master plans for Planned Unit Developments include, at a minimum, site plans showing all local roads and landscaping plans. Supporting documentation is also to be included which indicates, at a minimum, development phasing and a list of permitted uses for commercial and industrial PUDs. b. In exchange, for the extra review requirements imposed by the PUD process, developers may propose plans that would not otherwise be permitted under by-right zoning districts. These may include a mixture of uses not found within any of the by-right zoning districts and/or density bonuses and/or waivers to non-residential intensities described previously. For the purposes of this Comprehensive Plan, the City Council may approve the following bonus densities for areas developed as Planned Unit Developments: Residential Low (RL): Up to 5.0 units per gross acre. Residential Medium (RM): Up to 9.0 units per gross acre. FUTURE LAND USE 1-20 Residential High (RH): Up to 12.0 units per gross acre. In addition to the above, PUDs with an underlying Future Land Use designation of RH may have densities permitted up to 15.0 dwelling units per gross acre for the provision of affordable housing, as defined in this Plan. PUDs may be eligible for a density bonus for Assisted Living Facilities pursuant to Policy 3.1.4.6., except in Coastal High Hazard Areas that are the Category 1 Hurricane Evacuation Zones. - -- Policj l.2.5.1 The City shall maintain development regulations which address the location and extent of non-residential land uses in accordance with the Future Land Use Map and the policies and descriptions of types, sizes, densities, and intensities of land uses contained in this element. &Mi+ Policy - institutional USE., ,,ecessary to support development by: I.l.V..l The City shall ensure the availability of suitable land for public and 1. Designating land on the Future Land Use Map for public/institutional use. The City shall support and facilitate coordination of school planning with the School District of Palm Beach County for the location and development of public education facilities. The City shall identify sufficient land to accommodate Public Educational Facilities as necessary to serve the current and projected student population. At a minimum, proposed school sites shall meet the State Requirements for Educational Facilities (SREF), plus a ten percent capacity flexibility allowance, and shall be sized to accommodate all needed utilities, support facilities and adequate buffering of surrounding land uses. 2. Allowing publichnstitutional uses in certain land use categories subject to limitations and location1 criteria as identified in this Plan. Such location1 criteria shall include the following standards: (a) Public/Institutional buildings shall be specifically prohibited in areas designated as Conservation and other environmentally sensitive lands, including wetlands, 1 00-year floodplains, groundwater aquifer recharge areas, areas set aside by development to meet the 25 percent preservation of native ecological communities and wildlife habitats. New or Expanded Public/Institutional Facilities shall not be encouraged within the coastal area and shall meet the requirements of the Coastal Management Element. (b) Public/Institutional Uses shall be located in areas where there are adequate transportation facilities to support the proposed use based on the adopted level of service standard for traffic circulation. Preference shall be given to the location of such uses and facilities along City collectors and arterials as may be appropriate. FUTURE LAND USE 1-21 (c) Public/Institutional Uses shall be limited in intensity to a maximum lot coverage of 40% of the site and a maximum building height of 50 feet, unless the property is specifically designated as Mixed-Use, in which case the provisions of Policy 1. I. 1.3 (C) shall apply, and the intensity limitations shall be a maximum lot coverage of 50% and a maximum building height of four (4) stories. (d) Schools shall be considered as compatible and allowable in areas designated with any residential land use category (RR20, RR10, RVL, RL, RM, RH). Further, schools shall be considered public/institutional uses and be allowable within areas designated industrial (IND) and publichstitutional (PA) on the Future Land Use Map. Other institutional uses such as, libraries, fire stations and government offices shall be considered compatible in medium and high density residential areas and all non-residential land use categories in which such uses are not specifically prohibited as cited in this comprehensive plan. Public/institutional uses may be permitted within all residential Planned Unit Developments and Planned Community Districts, subject to master plan approval and limitations and location1 criteria as identified in this Plan. (e) Public/Institutional Uses shall be buffered from adjacent land uses and shall be set back from adjacent roadways. Buffering for noise, odors, glare and lights shall be provided. Setbacks shall be a minimum of 25 feet in the front, 15 feet in the sides and rear and buffers shall be a minimum of 5 feet. Buffers and setbacks may be increased depending on the characteristics of the proposed publichnstitutional use. Stadiums, outdoor recreational facilities and similar support facilities shall be located and buffered on the proposed site to minimize impacts on adjacent properties. Communication towers on school or other public property shall be consistent with the siting and safety criteria contained in the Land Development Regulations and shall require City Council approval. (f) Landfills, airports, and rwastewater treatment plants shall not be allowed in residential areas and shall require a comprehensive plan amendment to the Public/Institutional (P) land use designation prior to zoning and site plan approval. (g) PublidInstitutional sites shall be capable of accommodating adequate parking and onsite traffic circulation requirements to satisfy current and projected site-generated vehicular demand. FUTURE LAND USE 1-22 :o scnoois Policy - 4 The City shall evaluate whether II - feasible to further simplify and streamline the existin, - 5gulatory programs of the City, and shall continue existing mechanisms to monitor the effectiveness of the regulatory programs. At a minimum, land development regulations shall be evaluated every five years, coinciding with the EAR-based amendments to the comprehensive plan. I Objective -aintain land development regulations containing standarc --d provision! - & to encourage the elimination or reduction of uses inconsistent with the City's character and future land uses. Policy +G&d 1.1.3.1. Expansion or replacement of land uses which are 1 with the Future Land Use Plan shall be prohibited. Policy ;.L;.L.: 1. the City's land development regulations. Regulations for buffering incompatible land uses shall be set forth in ENCOURAGE DEVELOPMENT OR REDEVELOPMER ACTIVITIE WHILE ENSURING THESE ACTIVITIES PROMOTE A STROP SENSE OF COMMUNITY. HAVE A CONSISTENT QUALITY' OF DESIGN, AND DO NOT ID ENVIRONMENTAL RESOURCEC f the protection of natural resources is ensured and consistent with the goals, objectives, and policies of the Conservation, Infrastructure and Coastal Management Elements of this Comprehensive Plan. Policy Development activities within areas designated on the Future Land Use Map as Conservation shall be comparable with the allowable activities for such areas as described in this element. 1.2.1.1 Policy Species of flora and fauna listed in the Conservation and Coastal FUTURE LAND USE 1-23 Elements of this Comprehensive Plan as endangered, threatened, or species of special concern shall be protected through the development review and approval process. Policy 44l , The City shall protect potable water wellfields and prime aquifer recharge areas through the implementation of the Palm Beach County Wellfield Proteetion Ordinance. Policy 1.2.1.4.: Proposals for development within the 1 00-year floodplain as identified by the Federal Emergency Management Agency shall aonform with local regulations for development in such areas. II Policy L.M.:] The City shall maintain stormwater management regulations which require that devwpment is carried out in a manner that recognizes and preserves the region's natural drainage systems, including the Loxahatchee Slough and interconnected flow-ways, consistent with South Florida Water Management District rules and regulations found in Chapter 40E-4,40E-40, and 40E-400, F.A.C. Policy The developer/owner of any site shall be responsible for the management of run-off consistent with the goals, objectives, and policies of the Stormwater Management Sub-Element of this Comprehensive Plan. 1.2.1.6. Policy 7.1.7.: The City shall maintain develophent regulations containing specific standards and criteria designed to protect environmentally sensitive lands consistent with the goals, objectives and policies of the Conservation Element. Pnh _._._.-.. _._.-.,..,The City shall adopt regulations Consistent with the which restricts marine- ies and new dry storage facilities are not permitted. The total number of new wetslips per jurisdiction are limited to a maximum of 50 slips, provided that the local government has demonstrated a need for additional public access in the comprehensive plan. One additional single-lane public boat ramp with a limit of 15 parking spaces for vehicles having a trailer may be permitted per jurisdiction, provided that the local government has demonstrated a need for the additional public access in its comprehensive plan. Objectivi MAs and redeveiopmem only in those areas where suitable topography and soil conditions exist to support such development. -- FUTURE LAND USE 1-24 Policy b&k{ m2.2.1.4 All proposed development of other than individual residences shall include a soils analysis prepared by a professional licensed to prepare such an analysis which shall include the ability of the soil structure to support the proposed development. Policy i- -, All proposed development shall be located in a manner such that the natural topographic features of a site are not adversely altered so as to negatively affect the drainage of neighboring properties or visual aesthetics of the area. Comprehensive Plan) are available concurrent with the impacts of development. Policy - The City shall maintain development regulations to provide that public facilities anG ,;rvices be available concurrent with the impacts of development to meet the level of service standards established in the Capital Improvements Element of the City's Comprehensive Plan. Concurrency Management System requirements shall include the following: 1) Demonstration that the impacts from a proposed development comply with the adopted level of service standards in the City. 2) Determination of concurrency prior to the processing of the application for a development permit. 3) Certification of concurrency shall be secured prior to an applicant receiving a development order; this may be in the form of certificate of exemption, certificate of concurrency reservation, or certificate of conditional concurrency reservation. 4) Certification of concurrency shall be valid for the time set forth in the development order and any amendments thereto, otherwise the certificate is valid for two years. If a time extension is not granted, the concurrency certificate shall automatically expire, and no further development activity can occur without obtaining an appropriate concurrency certificate. Polic:. Public facilities and utilities shall be located to: b. a. Maximize the use and efficiency of services provided; Minimize their costs; Minimize their impacts on the natural environment; and Maximize consistency with the goals, objectives, and policies of this Comprehensive c. d. FUTURE LAND USE 1-25 Plan. I I . Staff proposes to relocate the policy below to the proposed Objective 1.3.7., a new objective only regarding annexation Policj The City shall consider appropriate means, such as bonding through the Northern - -m Beach County Improvement Digtrict, to guarantee that the rights-of-way/easements required for Parkways are identified, acquired, and improved. - Policy m.4.5.: 1.2.3.4.: The City shall encourage partnership between the private and public sector in the provision of public facilities. Objec '* I + 1.2.4.: airectd em toareas as depicted on the Future Land Use Map, consistent with: sound planning principles; minimal natural limitations; the goals, objectives, and policies contained within this Conpprehensive Plan; and the desired community character. Policy Boule w d to the s l.l.(a).l.d For that area bounded by Florida's Turn ike - to the east, PGA h, khe eastern boundary of the Loxahbtchee .. Slough L to the west, 1 and generally th-f the Donald Ross Road extension, land development me City shall impose the following requirements, and $hall maintain, regulations necessary to implement these requirements. FUTURE LAND USE 1-26 1. 2. 3. 4. 5. 6. 7. 8. All proposed development shall include a minimum of 250 acres which shall be rezoned to Planned Community District (PCD) and contain, at a minimum, a master development plan and supporting documentation which describes what the development is to include and how it is to proceed (phasing). All proposed collector roads within the development shall be shown as part of the PCD master plan. A waiver from the minimum size threshold may be granted by the City Council for existing parcels of lesser size as of February 19, 1998. Individual development "pods" within an approved PCD shall undergo site plan review which shall include, at a minimum, site plans, landscape plans, and all proposed local roads. The overall density of PCDs in this area shall not exceed the maximum density permitted under the land use category. Up to 2% of the gross land area of a PCD may be developed for commercial or office use. Up to 5% of the gross land area of a PCD may be developed for commercial or office use if significantly large areas (10% or more) of native ecological habitats are preserved within the PCD over and above those preserve or open space areas which may be required as a minimum. Such habitat preservation areas shall be confined to only a few large areas, rather than scattered throughout, and shall be connected to the parkway system. If the entire area covered in this policy is developed under one PCD master development plan, an additional 50 acres of commercial land use may be permitted over and above the 2% and 5% criteria described previously. Up to 2% of the gross land area of a PCD may be developed for industrial uses. All PCDs shall be subject to the provisions of the Conceptual Linkage Plan for Northwest Palm Beach Gardens as described in Future Land Use, Transportation, and Conservation elements. 9. Conceptual Thoroughfare Plan. The master development plan shall be consistent with and implement the City's 2.4.14aL2 For all properties west of the urban growth boundary a land (Loxahatchee Slough), the City shall impose the following nequirements, and shal development regulations necessary to implement these requirements. 1 Development shall be consistent with rural densities and intensities and shall receive services consistent with the adopted level of service standards for the rural area. All FUTURE LAND USE 1-27 proposed development shall include a minimum of 250 acres which shall be rezoned to either: 1) Planned Community District (PCD) and contain, at a minimum, a master development plan indicating all proposed collector yoads and supporting documentation which describes what the development is to include and how it is to proceed (phasing); or 2) Planned Unit Development (PUD) which shall include, at a minimum, site plans, landscape plans, and all proposed collector and loqal roads. All site plans developed within PCDs shall be subject to the densities and inkensities assigned to them under the PCD master plan documentation. A waiver fiom the minimum size threshold may be granted by the City Council for existing parcels of lesser size as of February 19, 1998. The City Council may also grant a waiver to allow government entities to develop properties, of less than five acres, west of the City's urban growth boundary if the site is designated Conservation on the Future Land Use Map and if the site is restricted or related to conservation purposes, passive recreation use, or pedestrian trails. 2. Individual development "pods" within an approved PCD shall undergo site plan review which shall include, at a minimum, site plans, landscape plans, and all proposed local roads. 3. The overall density of PCD/PUDs in this area shall not exceed the maximum density permitted under the land use category. Site design shall be sensitive to the natural resources and environmental characteristics of the property. ~ I1 4. 5. All PCD/PUDs shall be subject to the provisions of the Conceptual Linkage Plan for Northwest Palm Beach Gardens as described in the Fiuture Land Use, Transportation, and Conservation element. 6. The master development plan shall be consistenl with and implement the City's Conceptual Thoroughfare Plan. Polic! J&l++ .2.4.l.(bh A land use overlay is hereby established and depicted on the Future Land Use Map. This Density Reduction Land Usle Overlay shall reduce the density potential within the residential area of what is commonly refwed to as TAZ 848 by fifty percent, resulting in a maximum gross density potential of two dwelljng units per acre, with no provision for a density bonus. Although a variety of uses and use intepsities may be approved as part of a residential PCD, the gross density shall be consistent with thb density restrictions of this Overlay and shall not exceed the impact of that generated by two dwelling units per acre. Development within the Overlay shall be clustered to the least environmentally sensitive areas and shall be supported by adequate facilities. The regulations and requirements of the Palm Beach Gardens Code of Ordinances and Comprehensive Plan are applicable where not in conflict with the provisions of this Overlay, including Policy - 2.4.1!(a -- Polic! -1 For those areas which werq annexed into the City in 1988 and which are located within that area bounded by Donald Ross Road to the North, PGA Boulevard FUTURE LAND USE 1-28 to the South, Central Boulevard to the east, and Florida's Turnpike to the west, the City shall impose the following requirements, and shall maintain, land development regulations necessary to implement these requirements. 1. All proposed development shall be rezoned to either: 1) Planned Community District (PCD) and contain, at a minimum, a master development plan indicating all proposed collector roads and supporting documentation which describes what the development is to include and how it is to proceed (phasing); or 23 Planned Unit Development (PUD) which shall include, at a minimum, site plans, landsaape plans, and all proposed collector and local roads. All site plans developed within PCDs shall be subject to the densities and intensities assigned to them under the PCD master plan documentation. 2. With City Council approval of a density bonus, me overall density of PCDs or PUDs in this area shall not exceed: 5.0 units per gross for those areas designated as RL; 9.0 units per gross acre for those areas designated RM; and 12 units per gross acre for those areas designated RH. 3. In addition to the above, PCDs with an underlying Future Land Use designation of RH may have densities permitted up to 15.0 units per acre if significantly large areas (10% or more) of native ecological habitats, in addition to the otherwise required open space and preserves, are preserved within the PCD. One additional unit of density may be allowed for each 10% of habitat which is preserved, up to a maximum of 15.0 units per acre. These preserve areas would be over and above the minimum preservation and open space areas provided in accordance with standard PCD requirements, and must be linked to the Parkway system. 4. 5. 6. Up to 3% of the gross land area of a residential PCD or PUD may be developed for commercial or office use. However, these uses shall be restricted to neighborhood commercial uses as they are defined in the Citv's least intensive commercial zoning district. Up to 5% of the gross land area of a residential PCD may be developed for commercial or office use if significantly large areas (1 0% or more) of native ecological habitats, in addition to the otherwise required open space and preserves, are preserved within the PCD over and above those preserve or open space areas which may be required as a minimum. Such habitat preservation areas shall be confined to only a few large areas, and be connected to the Parkway system. These uses shall be restricted neighborhood commercial uses as they are defined in the City's least intensive zoning district. If the entire area designated as RM on the Future Land Use Map on the west side of Central Boulevard between 1-95 and PGA Boulevard is developed under one PCD master development plan, an additional 10 acres of commercial land use may be permitted over and above the 3% and 5% criteria described previously. All PCDs or PUDs shall be subject to the provision4 of the Conceptual Linkage Plan for FUTURE LAND USE 1-29 Palm Beach Gardens as described in the Future Land Use, Transportation, and Conservation element. 8. The master development plan shall be consistent with and implement the City's Conceptual Thoroughfare Plan. Policj 24&2+l+ 2.4.2.(b).l For those areas which are located within that area bounded by Donald Ross Road to the north, PGA Boulevard to the sciuth, Alternate AlA to the east and Central Boulevard to the west, the City shall impose tha following requirements, and shall maintain land development regulations necessary to implement these regulations: 1 All proposed development shall be rezoned to either: 1) Planned Community District (PCD) and contain, at a minimum, a master development plan indicating all proposed collector roads and supporting documentation which describes what the development is to include and how it is to proceed (phasing); or 2) Planned Unit Development (PUD) which shall include, at a minimum, site plans, landsclape plans, and all proposed collector and local roads. All site plans developed within PCDs shall be subject to the densities and intensities assigned to them under the PCD master plan documentation. 2. 3. 4. 5. With City Council approval of a density bonus, the overall density of PCDs or PUDs in this area shall not exceed: 5.0 units per gross acre fOr those areas designated as RL; 9.0 units per gross acre for those areas designated RM; and 12 units per gross acre for those areas designated RH. In addition to the above, PCDs with an underlying Future Land Use designation of RH may have densities permitted up to 15.0 units per acrle if significantly large areas (1 0% or more) of native ecological habitats, in addition to the otherwise required open space and preserves, are preserved within the PCD. One additional unit of density may be allowed for each 10% of habitat which is preserved, up to a maximum of 15.0 units per acre. These preserve areas would be over and above the ainimum preservation and open space areas provided in accordance with standard PCD reqluirements, and must be linked to the Parkway system. Up to 3% of the gross land area of a residential PCD or PUD may be developed for commercial or office use. However, these uses $hall be restricted to neighborhood commercial uses as they are defined in the City's least intensive commercial zoning district. Up to 5% of the gross land area of a residential PCD may be developed for commercial or office use if significantly large areas (1 0% or more) of native ecological habitats are preserved within the PCD over and above those preserve or open space areas which may be required as a minimum. Such habitat preservation areas shall be confined to only a few large areas, and be connected to the Parkway system where possible. These uses shall be restricted neighborhood commercial uses as they are defined in the City's least intensive zoning district. FUTURE LAND USE 1-30 6. All PCDs or PUDs shall be subject to the provisions of the Conceptual Linkage Plan for Palm Beach Gardens as described in the Future Land Use, Transportation, and Conservation element. 7. The master development plan shall be consistent with and implement the City's Conceptual Thoroughfare Plan. Polic3 4&k 2.4.3.: For that area designated as Industrial on the Future Land Use Map bounded by PGA Boulevard to the south, the Florida East Coast Railroad to the east, and 1-95 to the west, the City shall impose the following requirements, and shall maintain land development regulations which are necessary to implement these requirements: 1. No vehicular access shall be permitted across the north boundary of the site. 2. Site design shall incorporate significant setbacks from the area formally designated open space (ROS), which separates the parcel from those to the north, and include buffering techniques to mitigate impacts on adjacent land uses. Polici .?.5.?.cs); .2.4.4.(a). The City shall maintain planned development area (PDA) zoning to all undeveloped non-conservation for which a development plan has not been approved by the City. The PDA zoning shall apply to all properties over 10 acres in size and in the urban area, shall be regarded a "holding zone'' until development of the said properties is requested pursuant to the comprehensive plan. At the time of the rezoning of the land from PDA to PUD or PCD, the underlying land use shall guide the intensity and type of development. All proposed development shall be of character consistent with the urba- 3r rural distinctions established by the Urban Growth Boundary (y-l; The permitted uses, in the urban area, under the PDA district sh,,, include single-family residences at the density of one dwelling unit per ten acres, public parks and recreation facilities, and as conditional uses agriculture and institutional uses such as churches and fire stations. Permitted uses in the rural area shall include single-family residences at a density consistent with the Future Land Use designation (1 du/lO ac or 1 du/20ac), agriculture and public safety facilities. Agricultural uses shall not be permitted in environmentally sensitive preservation areas. Development within PDA shall be clustered and, in the urban area, shall be supported by potable water, sanitary sewer and adequate roadway facilities. Septic tanks shall be prohibited in the urban area in the PDA except for an individual single-family residence, however, in the rural area, septic tanks are the standard. Uses in the rural area shall receive services consistent with the adopted level of service standards. The rezoning of PDA to PUD or PCD shall occur only when the applicable urban and rural services and facilities necessary to support the intensity of such development will be in place concurrent with the impacts of the development. The extension of public facilities into areas zoned PDA shall be consistent with the urban and rural level of service standards, maximize the use of existing facilities and services, encourage compact urban development and discourage the proliferation of urban sprawl. Concurrent with rezoning to PCDIPUD, any uses not permitted by the underlying land use category shall cease consistent with the phasing plan of the approved PCD/PUD. FUTURE LAND USE 1-31 Policy I In order to prevent urban sprawl and promote cost effective and efficient service delivery, the City & designat4 am Urban Growth Boundary (UcQ' which generally coincides with the eastern boundary of the Loxahatchee Slough. The UGB - be is designated on the Future Land Use Map (Map A). Th@ UGB divides the City into distinct areas, urban and rural. These two distinct areas mi designated with land uses (densities and intensities) consistent with urban and rural characteristics and shall receive public services and facilities at levels appropriate for such urban and rural uses, as defined in the Capital Improvement Element. Policy ,2.4.5.1 The City shall maintain land development regulations requiring residential neigmorhoods to be designed to include an efficient system of internal circulation, including the provision of collector streets, to feed traffic onto arterial roads and highways. New development shall accommodate new local roads depicted on the Conceptual Thoroughfare Plan. Policy 54.6J The City shall maintain land development regulations requiring subdivisions to be designed so that all individual lots have access to the internal street system, and lots along the periphery are buffered from major roads and incompatible land uses. Policy - P.L.*./ Owners of property containring uses not consistent with the Comprehensive Plan anc, ,and Development Regulations, &ade inconsistent or nonconforming by the City or other governing agencies, may continue such legal nonconforming use provided that the following conditions are met. These legal nonconforming uses will not be allowed to expand, will not be allowed to be moved or relocated, will not be allowed to be reestablished if ceased for a six (6) consecutive month period or eighteen (18) months within a three (3) year period, or if damaged or destroyed by more than 50% of their value. Legal nonconforming uses are defined as lots, structures, and uses of land and structures that were lawful before the adoption or amendment of a regulation, but which would be prohibited, regulated or restricted under the terms of the regulation or future amendment. However, if the nonconforming use is a multifamily residential project of more than 250 units, the qity Council may permit an increase in the number of rooms or square footage of individual residential units, provided that the maximum density of the affected land-use is not exceeded and conformity with the current Land Development Regulations will be required. Policj 1Ln, ... -.&:I The Western Northlake Boulevard Corridor Planning Area shall be delineated on tl W Future Land Use Map. This area is generally located south of the Beeline Highway; west of the West Palm Beach Water Catchment Area; east of the J.W. Corbett Wildlife Management Area and Seminole Pratt Whitney Road; and north of the southern boundary of Ibis, Rustic Ranches, Bay Hill Estates, and Hamlin Boulevard. Through an interlocal agreement, the City, Palm Beach County and City of "'est Palm Beach shall provide for a means of intergovernmental cooperation in = I the recommendations of the Western FUTURE LAND USE 1-32 Northlake Boulevard Corridor Land Use Study, dated June 8, 1998. The w-m E this interlocal agreement shall establish a procedure for heightened review of lucal land use change petitions and development permit applications. . I Policj enhan redevelopment __ in the City, consistent with Section 163.3 16117), Florida Statutel 2.4.9.: By December 201 0, The Cimall assess th , lity’s existing desk ,uidelines the architectural character and community appeadnce of future land development ar- lPolicv 1.2.4.10.: Bv 2010, the City shall research oprrhrtunities and adopt incentives f; iabilitation or uDerrading of landscaping; or buildings bn existinn properties h nfonnina lot sizc I- __ . --ddress tihe iw 1 :sowrcesI mlacement housing on sitc I . Objective 1.2.5.1 aintain land development regulations which provide for the protection, preservation, and reuse of public and private historic resources. Policy regulations: ‘The City shall maintain the following in the land development a. Criteria for the identification of historic resources; and b. Regulations for the protection and preservation of historic sites and structures that may be identified in the City. Policy mx 12.5.2.: The City shall continue to: a. Determine if any structures or sites meet the City, state, or federal criteria for historic resources and so designate and map those that do; 1 FUTURE LAND USE 1-33 b. Submit a list of designated historic resources to' the Florida Department of State, Division of Historic Resources, and U.S. Department of the Interior for inclusion on the Florida Master Sites List and National Register of HiFtoric Places; and c. Update the list of historic resources as appropriate. th .she Pol- -.I the C accom -- naintaininn t: designating ' the entry as a historic site iintaind - historic overlayzone in the Land Development Regulations The City shall protect MacArthur Boulevard as a historic gateway into This shall be protection of the banyan tree(s) and linear greenway. I lpolicv 1.2.5.4.: Bv December 201 0, the City shall assess and development implementatit - aterries for Historic ultural and Archeolorrical Resource Preservatiorl. COMMUNITIES. INCLUDING, BUT NOT ~IMITED TO, ECONOMJ~ DEVELOPMENT FOR BIOSCIENCE USE&, TRANSIT ORIENTE DEVELOPMENT, AND OTHER EFFORTS TO PROMbTE SUSTAINABLE GROWTI I Objective 1.3.1.: 1 -1 bxpanded the City's economic by promoting commercial and industrial activities as planned and illustrated on the Future Land Use Map, and by ensuring adequate sites and timely provision of public utilities and services to stimulate such growth. II Policy I Development orders and permits for future development and redevelopment -- tivities shall be issued only in areas possessing the appropriate Future Land Use designation and that are consistent with the goals, objectives, and policies of this Comprehensive Plan. Polic: -- .3.1.2. All proposed commercial and industrial development requiring a change on the Future Land Use Map in order to be appkoved shall submit a market study indicating the economic feasibility of the development and the locatioa advantage over existing commercial and industrial lands. Staff proposes to relocate the policy below to the proposed Objective 1.3.7., a new objective nnlli regarding annexation I Policy New commercial properties shall be developed in nodes, at intersection: ;her than strips. A mix of uses within commercial developments shall be FUTURE LAND USE 1-34 encouraged, including residential, and parks and open space. PGA Boulevard shall be develope4 as the "Main Street'' of Palm Beach Gardens using the following techniques 1 a. Following completion of the PGA Boulevard/Alternate A1A urban interchange, a new CRALLS (Constrained Roadway at a Lower Level cnf Service) Level of Service Standard for PGA Boulevard shall be determined in coordinration with Palm Beach County, the Regional Planning Council, and the State Department of Transportation with the maximum number of lanes being six; b. The City shall maintain the PGA design guidelines as regulations which require the utilization of landscaping, boulevard strips, pedestrian walkways, bikeways, buffers, and setbacks to emphasize the various hnctions of PGA Boulevard as a divider of different land uses and as a center of the City. Polic! The City shall initiate proactive efforts to expand the economic base of the City, working within the framework of existing econoniic agencies and groups, such as the North County Mayors Economic Development Group, the Palm Beach County Business Development Board and County Economic Development Department. Strategies shall include considering the creation of a City Economic Development Advisory Board to create an economic element of the comprehensive plan; improving communication and forging alliances with major property owners in order to coordinate efforts in attracting new businesses; accelerating the development approval process; encouraging redevelopment of distressed properties; and maintaining points of contact with economic development agencies. Objective & - I limprove coordination with affected and appropriate governments and agencies to maximize their input into the planning and development process and mitigate potential adverse apacts of future development and redevelopment activities. Policl The Future Land Use Element I f'lthe City's Comprehensive Plan shall locate residentialareas and establish densities in coastal arteas in a manner consistent with the Palm Beach County Comprehensive Emergency Management Plan. Policy The City shall cooperate with the Palm Beach Countywide Intergovernmental Coordination Program and/or Treasure Coast Regional Planning Council to settle land use disputes between the City and adjacent municipalities or unincorporated areas. Policj 3.2.3.: Requests for development order3 or permits shall be coordinated, as required, with Palm Beach County, adjacent municipalities; the Countywide Intergovernmental Coordination Program, Treasure Coast Regional Planning Council, South Florida Water Management District, and state and federal agencies. FUTURE LAND USE 1-35 Objective I In coordination with *e Northlake Boulevard Corridor Task Force,- pul various means to encourlage improvement, enhancement, renovation or redevelopment of the older properties alpng Northlake Boulevard, east of Military Trail, and thereby arrest a decline in the qualitiy of land uses and the consequent negative impact on taxable values and the overall aesthetbc appearance of the corridor. - Policj Inl. 3.3.1.:[ A Northlake Boulevard Overlay Zoning District (NBOZ) shall be maintz m the City’s zoning regulations and on the City’s Official Zoning Map. The NBOZ shall apply to all propedies along Northlake Boulevard, east of Military Trail, for one property depth north and south of Northlake Boulevard, including the properties in all four quadrants of the intersection at Milithry Trail. The NBOZ shall address zoning regulations, architectural design guidelines, landsca#ing regulations, signage regulations and development standards. Objective I & ia Bioscience Research Protection Overlay (BRP0)for the purpose of promoting Bidscience Uses and deterring the conversion of those uses to commercial or residential use$. :es Us shall be permitted and encouraged within the BRPO. Policj 311, ‘-u The City shall adopt and maintain land development regulations which encourage Bioscience Uses. The uses prohibited within tha BRPO are those uses prohibited in the underlying land use designation, excluding those uses set forth in the Bioscience Use definition. The BRPO does not limit the uses currently allpwed consistent with the property’s existing land use designation and zoning designation, including uses allowed pursuant to planned development approvals and development of regional impact bpprovals. - Policj 244k The City shall encourage Biosciencte Uses within the BRPO to achieve, in coordination with the County and adjacent municipalitiesj a clustering of Bioscience Uses and thus promote intellectual exchange among researchers, scientists, students, and others in the Bioscience industry workforce. Policy the City shall qdopt and maintain land development regulations that provide incentives for Bioscience develop ent and encourage a predominance of Bioscience Uses to develop a cluster of the industry withi the BRPO. T I1 , Polici wl.3.4.4.:W .. 3ecember 20- - ‘the City shall aqlopt and maintain land development regulations mat 00 not permit rezoning of lands withid the BRPO that would eliminate Bioscience Uses without the vote of four members of the Palm Beach Gardens City Council. The FUTURE LAND USE 1-36 limitation on conversion of uses does not apply to permit ed, conditional, and approved uses allowed in a planned development and/or development of re ional impact. Nothing in this policy shall be interpreted to abrogate rights that have been ves ed under law for uses that are not Bioscience Uses. The City land development regulations sha 1 establish an administrative process to review claims of vested rights under this policy. 1 II Objective 1.3.5.: Adopt land development regulations for the purpose of promoting tl. location of a rail station the Citv and providing sustaii de development that encouraq '~ bdal tr ;it. - , Policy Within two years after it has be$n determined that the Tri-Rail will utilize the FEC tracks and serve northeastern Palm Beach pounty , the City shall undertake a study of the vacant lands lying within one quarter mile qf the FEC railroad line paralleling Alternate AlA. The purpose of this study is to determine tHe location(s) best suited for a future train station and appropriate uses for vacant lands in, order to promote transit-oriented Jelopmenl 'v 1 Thestudy shall consider desired forms of development patterns outlioed in the Treasure Coast Strategic Regional Policy Plan. Policy The City shall encourage linkage which connect or gather residents and business owners of different neighborhoods and promo e a sense of community. This shall be accomplished through 1) implementation of the Con eptual Linkage Plan (Map I) and Parkway System, as described further in the Conservatio i and Transportation Elements; 2) connection of neighborhoods, shopping, schools anfl parks through an expanded sidewalk/pathway system, discussed further in the Transportation Element; 3) promotion of gathering (people) places in new development projects; and 4) installation of entry features along major arterials, including signage, art and landscaping which identify Palm Beach Gardens as a city and community. Yolicv 1.3.6.1.: BY December 2010, the City shall adoDt land development regulations to provic DOT' istainable design techniques for nt ' development and redeveloprnen . FUTURE LAND USE 1-37 imirea to -meen puiiaina construmom wib iuaptive reuse' 01 older buildings a Policv 1.3.6.3.: The City will encourage increased walking. bicycling and use of public transit 1 updating land use reauirements for walkways, bike lanes. bds stops, pedestrian interconnectivi and other design elements that encourage walkable communities and transit readiness. .- I I IuDiective 1.3.7.: coordinate the annexation of unincorlborated enclaves within the City --nexation area and ensure tl - of -., p-J' ' * *to'-& - - atic .. - Policv 1.3.7.2.: Prior t - ex1 annexation of unincorporated prouert-t. an shall be prepared and adopted. This plan shall: cilities id servic - -4 stablish and ensure the location, level of service standards and phasing for each facility1 id service to be extended by the GCIUIIG ail ut rovision of tL Gommunitv facilities and services wkthout exceeding t@ ' lopmenr or reaevelopmenr activities to occur in coniunction With ti ' -r of the Plp-.' nnrlnrrlp PdahlirhPrt in the f'anital Tmnrnxrempntn Clkmnnt 1 01 icourage infill development educe urban ____ rl. ______-__. -dinances shall reserve the right of City to discourage development a :development activities within proposed future annexation areas until such time , facilities and services are extended in accordance kith the plan, even if facilities a ces are offered by a developer in advance of the blan phasing comurenensive m amenament snail De undertaken by the property owner dunng t1 itv's next rouncl "f amendments to incorporate the parcel into the Plan. Upon the to a City ZOI-;Y&*~--~ la11 be initiated - Jle municipal boundarv. E December 2009. the Citv shall adopt a comprehensive annexation study of all urouertv identifit in the annexation areas. The study shall include miding, uolicies related to the annexation c unincorporated pockets and a plan to coordinate the transition of unincorporated uockets into tl ~ FUTURE LAND USE 1-38 1 nveiv pian Iuture Prowth 44rouch th e use of visioninp in tl I Policv 1.3.8.2.: Starting, in 2011, the City shall re-evaluat years, to coincide . prior .. to the PreDaration of the EAR.r FUTURE LAND USE 1-39 &e Citv Vision Plan everv sev EAR- BASED COMPREHENSIVE PLAN AMENDMENT TRANSPORTATION ELEMENT - EXECUTIVE SUMMARY Transportation Element Overview The existing Transportation Element has one general Goal that includes a wide range of provisions. Staff is proposing to add two additional goals. Goal 2 focuses on provisions for a balanced transportation system, and incorporates policies to encourage roadway, bicycle and pedestrian linkages. Goal 3 focuses on provisions for mass transit and recognizes the direct link between public transit, land use patterns, workforce housing and economic development. Staff included initiatives that are recommended to promote a balanced transportation system and support sustainable economic growth. The following initiatives are part of the proposed Transportation Element: e 0 e e e e Maintain adopted level of service (LOS) standards on the City’s traffic circulation system. (Objective 2.1.1., Page 2-1, Existing) Encourage strategies which reduce demand on the City’s traffic circulation system and alleviate street traffic congestion. (Objective 2.2. I., Page 2-14, Proposed) Maintain a sustainable transportation system through the adoption of a financially feasible Capital Improvement Program. (Objective 2.2.2., Page 2-1 6, Proposed) Establish a network of streets that provide multiple routes for intra community trips and alternate routes for external travel. (Objective 2.2.3., Page 2-16, Existing) Maintain and revise where necessary, the land development regulations for the provision of motorized and non-motorized transportation. (Objective 2.2.4., Page 2-1 7, Existing) Maintain land development regulations which set requirements for safety and aesthetics in the transportation system. (Objective 2.2.5., Page 2-18, Existing) Continue coordinating transportation planning with the hture land uses shown on the Future Land Use Map of this plan, the FDOT Five Year Transportation Plan, plans of neighboring jurisdictions, and Palm Beach County transportation and future land use plans. (Objective 2.2.6, Page 2-18, Existing) Continue to plan for and provide transportation facilities encouraging various modes of transportation, through the Conceptual Thoroughfare Plan map and the City Center Linkages Plan. (Objective 2.2.7., Page 2- 19, Existing) Encourage the use of public transit, bicycle, and pedestrian paths within City boundaries through use of the Parkway System and support the proposed multi-modal overlay. (Objective 2.2.6., Page 2-20, Existing) Coordinate with the Metropolitan Planning Organization, Palm Beach County, Treasure Coast Regional Planning Council, Palm Tran, other local transit service providers and local municipalities in regard to the City’s transit initiatives. (Objective 2.3.1, Page 2.20, Proposed) Promote sustainable growth, the City recognizes the direct link between public transit, land use, workforce housing, and economic development. (Objective 2.3.3., Page 2-21, Proposed) I y 2.2.5.2., Page 20) 2011 e’ f -icy 2.2.6.6., Page 22) Vh’*. 5 TRANSPORTATION ELEMENT The following abbreviations and acronyms are ll~pd throvqhout this Transportation Element: AADT Average Annual Daily County Palm Beach County FDOT Florida Department of Transportation FIHS MPO Metropolitan Planning Organization TPSO Pa Beach County 'raffic Performance Standards Ordinance Florida Intrastate Highway System as defined in s. 338.001 F. S. -P$ w -7 Lonstrained Roadwav at Lower Level of S Goals, Objectives and Policies 'TRAVELING THROUGH THE CI'l'Y. Obicctivc 2.1.1.: To maintai- ' - 'eve1 of service (LOS) standards on the Policy 2.1.1.1.: Level of service standards shall be as shown on Table 2A and shall be applicable to the urban and rural service areas. Level of service for FIHS roads will be measured utilizing the FDOT Generalized Peak Hour Directional Volumes for Florida's Urbanized Areas (Table 2B), or FDOT Generalized two-way Peak Hour Volumes for Florida's Urbanized Areas (Table 2C), or utilizing the FDOT Florida Hid iy System Plan Level of Service Standards and 2000 Highway Capacity Manual (HCM) - iidelines Manual (FDOT Manual) and the Level of service for non- FIHS roads that are part c be --easured utilizing the volumes provided ir! +he 1 !L Palm Beach County Comprehensive Plap-,, 4 (Table 2D), or utilizing the methodologies provided in the TPSO. Level of service for city roads will be measured utilizing the service volumes and capacities adopted in the City's Traffic Performance Standards Ordinance (Table 2E) or utilizing the FDOT Manual and HCM procedures. 111 TRANSPORTATION 2-1 Policy !&€&I B1.1.4.1 The City will amend its comprehensive plan and land development ordinances as needed to maintain consistency between its accepted methods of measuring the level of service on FIHS or County thoroughfare roads and the most current methods adopted by the FDOT or County, respectively. II Policy M The City shall review all development proposals for consistency with the Goals, ObJecrives, and Policies of this element including consistency with the traffic circulation plans and the level of service standards. An assessment of the projected impact of project generated traffic on the roadway network within and serving the City shall be obtained. The net amount of project trips projected at build out will be used as a guideline for determining the radius of development influence. At a minimum, road segments within the appropriate radius as noted on Table 2F will be analyzed. The project's impacts will be projected for each phase of the project through the estimated date of completion. Policy r;a;7;? 1.1.6.: The City shall require that adequate roadway capacity, at the adopted level of service standards, is or will be available when needed in order to serve new development. Policy ~MGI-Q !.1.1.81 The City shall investigate possible mechanisms for removing ghost trips from City roads. Ghos which it we icy is to prevent ghost tnps n rely on in obtaining a County traffic concurrency certificate. finduct a review of h& traffic accident loc those occurrences on Citv maintained rooadwav! rl-ective measures to mitinate fbture accidents identi 'he Citv shall investigate the causes to Drovic TRA NSPOR TA TlON 2-2 e e 3 3 9 D711 I II )€ he - al I able 2.A is rcplaccd with the tables on the follo\ring p; TRANS PO R TA TI0 N 2-3 TABLE 2A-1 LEVEL OF SERVICE STANDARD Facility Type City Collector Non-FIHS roads that are part of the County Thoroughfare plan: County Minor Arterial State Minor Arterial State Principle Arterial FIHS roads All roadways except Beeline Highway between Northlake Blvd & CR-711 TABLE 2A -2: LEVEL OF SERVICE STANDARDS FOR CONSTRAINED ROADWAYS AT LOWER LEVEL OF SERVICE (CRALLS)'.~ Peak Daily Hour Test2 Trafic Volum Daily Volum es Volume Peak Hour Roadways From Volumes (Direction all S es (2- way) ~~ Northlake Blvd Prosperity Farms Rd PGA Blvd3 Military Trail Interstate 95 Doanld Ross Rd Burns Road Florida's Turnpike Central Blvd Military Trail Interstate 95 RCA Blvd Alternate A1A Fairchild Gardens Ave Prosperity Farms Rd To Roadways Prosperity Farms .- Rd Congress Ave Gardens Parkway Northlake Blvd Central Blvd Military Trail Interstate 95 RCA Blvd Alternate A1A Fairchild Gardens Ave Prosperity Farms Rd us- 1 49,000 60,000 19,460 20,950 51,177 50,738 50,780 67,674 68,055 59,636 54,283 50,200 4,560 5,460 1,810 1,948 4,759 4,719 5,513 7,084 7,120 5,825 5,327 4,830 3,890 3.890 2,990 53,000 68,000 60,000 56,700 TRA NSPORTA TlON 2-4 Intersections Location Northlake Boulevard & Military Trail Northlake Boulevard & Interstate 95 Northlake Boulevard & Congress Avenue Northlake Boulevard & Alternate A1A Northlake Boulevard & Prosperity Farms Road PGA Boulevard and Military Trail Critical Movement Analysis Volume (CMA) 1,500 1,500 1,500 1,500 1,500 1,800 Notes: 1. Based of Palm Beach County Comprehensive Plan and subject to stipulations referenced in the Plan. designations. April 15, 1999. 2. Refer to Palm Beach County Comprehensive Plan for project specific CRALLS 3. Applies only to properties subject to the forbearance agreement entered into by the City on 'he original Table 2B and Table 2C are redaced with the tles on the folloi vinl ir ~ TRANSPORTATION 2-5 Table 2B ' ':. GENERALIZED PEAK HOUR DIRECTIONAL VOLUMES FOR FLORIDA'S URBP UMNTERRWlED ELOW EXGEWAYS LevddsHvKe L..nDndcd A BC DE 2 Dnida 1.060 1.720 ZMo 3130 3.670 I udividd 110 400 790 1,130 1,440 3 Divided 1.600 2390 3;74 4:uo 5;m STATE TWO-WAY ARTTRIALS CLUS I(* 00 to 1.99 sqpdlwd mmnctwm )a de) L.odofkrvrc hhnw A B C DE I udavlded ** 220 720 160 890 2 Dlvuled 250 1330 1.110 1,160 *** 3 Dmdsd 380 2330 2,720 2,790 *** I Dmdd 490 3.030 3,460 3.540 *** clur 11 Q 00 to 430 nprk.dldaetlolop de) LwrDmdrd A B C DE 1 u* ** 100 590 :10 150 ZDlvuled ** 220 I360 1.710 1.m ** 340 2.110 2.570 2.710 ** 440 2,790 3330 3,m 3DmM Ihn(a L.odofsma Clus rn(mth4J sl@lml llrrcarrpmik dmt ~~aly~~~dm mbmd ana ow 750.000) L.oddkma LMhvlld A B C DE 1 UAvlIkd ** ** 280 660 110 Zhslded ** ** 650 1,510 1,720 ** ** 1,020 2330 2,580 0. ** 1,350 3,070 3330 3Dmdd IDndd Class N m-4 5 Ilprhad miaudmmpr mik udh ~atJCdfd-&SllW.tdUWbt&ana 750,oOo) Leddkma LmDlvl&d A B CDE I u* ** ** 270 720 780 ** 650 1.580 1,660 ** 1,ooO 2390 2.490 lhn(a ** 1350 3.130 3350 3Dlvuled 4DNdsd ** 0. 0. NON-STATE ROADWASS 4=cwc~L.odY~ Lnnhvdcd AB C DE 1 UdlVded * ** 4m 760 110 ** ** 1.120 1,620 1,720 ** ** 1,740 2,450 23W 2Dndd 3Dmdsa IIZED AREAS' FREEWAYS ~Ipecvz2rm.lput Lpn A B C D E 2 1270 2,110 2940 3.580 3,980 3 1970 3.260 4350 S.530 6,150 4 2,660 4,410 6,150 7,480 &320 S 3,360 5.560 7.760 9,440 10.480 6 4.050 6.710 9,360 11390 12,650 Level of savicc h-l=w WW'2 = .prrt Lur A B C D E 2 1,130 1,140 2.660 3.440 3910 3 1.710 2.190 4,180 5,410 6,150 4 2,340 3340 5.700 7380 1,380 5 3,010 4990 7.220 9340 10,620 6 3,730 6,040 1,740 11,310 12,150 hl of knrice BICYCLE. MODE Wdkrrricc B C D E ** 330 110 049% ** 520 990 u)-u?L .* ** 85-1W/. ** 120 590 2590 *** 0. SidmLCawnp A .* Lams Medim LrltTa~W AdjwlmmFrcar 1 Divided Ya +5% 1 UdiVi&d No -20% w UdidUI Yu -5% Mdti U.dnir*d No -25% ONE WAY FACUTIES TRA NSPORTA TlON 2-6 TABLE 2-C GENERALIZED PEAK HOUR TWO-WAY VOLUMES FOR FLORIDA'S No?s-sT4TE ROADWAYS aaprciryfcaatyR=dmF Leddsnk 2 UlldiriM ** ** m 1,390 1,4aO A B C D E 4 DkM ** 2,030 2,950 3,120 6 Dkdd ** 3.170 4,450 4,690 RED AREAS* FREEKAYS -3 5pTiW22 mi 4wt Laa A B C D E 4 2,310 3,840 5,350 6310 ?2Jo 6 3,m 5,930 SJN 10,050 11.180 1 4,840 8,020 11,180 13,600 15.130 10 6,110 10.110 14,110 17,160 19.0% I2 7,360 iz,z 17,020 20.710 23.000 hd of % Irr*lrhry.rpvlDg4 2 mi qml Lam A B C D E 4 2,050 32% 4,W 6,254 7.110 5 3240 s;w 7,m 9J40 11,lw) I 4,420 7,160 iom 13,420 isg~o 10 5,600 9,070 13,130 16m 19,310 12 6,780 10.980 15,890 m>60 23,360 hdofsenim 7 The original Table 2D is replaced with the Table on the following pape TRANSPORTATION 2-8 TABLE 2D:MAXIMUM VOLUME FOR NON-FIHS COUNTY AND CITY ROADS LOS "D" j LOS "E" I I I Two-way Peak I I Two-way Peak Type Of Road 3 lanes two-way 15,400 1,460 16,300 1,550 3 lanes one-way 29,500 2,8 10 31,100 2,950 4 lanes undivided 24,500 2,330 25,900 2,450 4 lanes divided 32,700 3,110 34,500 3,270 5 lanes two-way 32,700 3,110 34,500 3,270 6 lanes divided 49,200 4,680 5 1,800 4,920 8 lanes divided 63,800 6,060 67,000 6,360 4 lanes expressway 67,200 6,250 76,500 7,110 6 lanes expressway 105,800 9,840 120,200 11,180 8 lanes expressway 144,300 13,420 163,900 15,240 10 lanes expressway 182,600 16,980 207,600 19,310 Source: Article 12 of the Palm Beach County Unified Land Development Code effective date August 23, 2007. TRANS PORTA TI0 N 2-9 A I wIwl-1- -1 - Staff proposes to eliminate the existing Tables 2E, “Generaiizea uaiiy I wo-Way and Yeak Hour Volumes and Capacities for City Roads”, as our transportation consultant has advised us that this table is extraneous and duplicates information contained in the update of Table 2D. First, the existing Table 2D is for non-FIHS county thoroughfare roads, but the updated Table 2D will include the non-FIHS county thoroughfare roads and city roads. This eliminates the need to include a separate table for city roads. Second, the existing Table 2E shows service volumes for LOS A, B and C, while the existing and updated Table 2D show service volumes for D and E. For the purpose of the comprehensive plan, analysis is only required for LOS D and E. Furthermore, for most roadway classifications, A and B are not measurable and would be blank. Therefore, the information we could gain by updating the existing Table 2E is to show volumes for LOS C. For this purpose, staff suggests eliminating the existing Table 2E. cni 1 JWL A, A- Table 3F is redaced w ith the table on the followinrr I TRANS POR TA TlON 2-1 1 TABLE 2E RADIUS OF DEVELOPMENT INFLUENCE I Net External Peak Hour Two- Radius in Miles tinn 1 - 21 - - 51 - 101 501 1,001 2,001 through through through throudl through through through - 20 I Directly accessed link(s) of first accessed major thoroughfare(s1 - 50 - 100 - 500 1.000 2.000 u Notes: (1 ) Based on Article 12 of the Palm Beach County Unified Land Development Code (2) Actual radius of influences may be meater than identified in this guideline (3) Levels of significance shall be 5% on 1-95 roadways and 1 % on all other roadways. TRANS PORTA TI0 N 2-1 2 Ucv Z.l.P.10.: The Citv shall exercise one or more of the following; options to mitiga -- 'limit( Road and intersection imm-ovements; Transit Oriented Development CTrEp: The City Council shall retain the right to adopt LOS "E" for local roads or specific segments of local roads within transit oriented developments, where to do so would be consistent with established planning practice in promoting a pedestriadtransit oriented environment. Policy City Council shall retain the right to adopt alternative 1 ltandards for specified roadway links, which, due to circumstances beyond 1 I control, are currently or are projected to exceed the Level of Service standard in Policy 2.1.1.1 ., or if improvements to a roadway link or intersection will be prohibited due to physical, environmental, historical, or aesthetic constraints. Alternate levels of service shall be, to the maximum extent feasible, consistent with the State and County standards. Policy U 1.1.1.12 The City shall prepare, in conjunction with the MPO and other governmental agencies, a bi-annual report that identifies City collectors which have no excess service volume; and develop a list of improvements, transportation demand, and transportation system management strategies to increase that service volume. Before adding improvements for constrained or physically-limited roadways to the Capital Improvement Program or before adopting a lower level of service standard for the roadway, the City will attempt to improve roadway capacity by implementing the transportation demand management strategies identified as of greatest potential benefit by Policy 3. I I. I and transportation system the evaluation referred to in GOAL 2.2.: CONTINUE TO DEVELOP AND MAINTAIN SUSTAINABLE, SAFE AND EFFICIENT INTERMODAL TRANSPORTATION LINKAGES THROUGH A BALANCE OF TRAFFIC CIRCULATION SYSTEMS, PUBLIC TRANSPORTATION, Policj L€+k 2.2.1.1.: h- P TRANS PO R TA TI0 N 2-1 3 services. and r>arking managmnent. By 2o00 the Citv chRll a&nt qn(j im IeJnPnt TDM ctrslteuii -+ - hi h the following Dr0m-a := lo Coordination wii Traffic Calmin4 Intersection imm ement: Coordination with Palm T routes iented Develotlmentl Tri Rai I---- ' Policy bikeways, particularly between major sources of and destinations for vehicle trips in the City. The City shall continue its efforts to establish city-wide continuity of Policy The City shall 1 I to the Conceptual Thoroughfare Plan (Map 0) to ensure that there is an adequate network of public streets (City Collectors, Neighborhood Collectors and Local Roads) to efficiently move traffic within the City and serve as a backup system to the County thoroughfare roads. Actual alignments for these public roadways will be established as part of the development review Prc BY 2010, the Citv shall adopt Land Develoiment Regulations discouraging the remov tual Thoroughfare Plan through disincentives in tl the links identified on :on( - 3m( lceS .- -- u. the ~iiy snail awui a uly-wiue mcycie anu reaesmz all proposed development for its accommodation of bicycle and pedestrian traffic needs. Policv 2.2.1.5.: BY December 2010. the Citv shall establish regulations to control vehicul access onto arterials and collectors in order to reduce existing or Dotential conpestion problem Citv shall encourage minimizing access points bv requiring sharc a possible. t . .. .. similar or compatible land uses in the City to reduce congestion on arterial and collector road including, bicycle and pedestrian connections, and utilize traffic calming, measures to minimi; the traffic impacts on residential neighborhoods. olicv 2.2.1.7.: Bv Decemb IHS roads encouraginl 2010, the Citv shall create opportunities to relieve congestion c arallel roadways, transit routes or other local traffic initiativl . = TRANS PORTA TI0 N 2-1 4 liecave 2.2.2.: 1 o maintam a sustainabk tranmortation system throuph the adoption of rinanciallv feasible C ita1 Improvement Progrr Policj - I The City shall develop, on an annual basis, a Capital Improvement Program for, idway improvements within the City. The findings of the annual report prepared under Policy I shall be utilized in developing the Capital Improvement Program. Policy 2.2.2.: Proposed roadway projects will be reviewed and ranked in order of priority according to the following guidelines: Whether the project is needed to protect public health and safety, to fulfill the County’s legal commitment to provide facilities and services, or to preserve or achieve full use of existing facilities; and Whether the project increases efficiency of use of existing facilities, prevents or reduces future improvement cost, provides service to developed areas lacking full service, or promotes in-fill development Whether the project represents a logical extension of facilities and services within a designated urban service area; and Whether the project will contribute to the achievement of level of service volumes set forth in Policy 2.1.1.1. Objectiv - To establish a network of streets that provide multiple routes foxntra cxps and alternate routes for external travel so that neighborhood collector streets can be maintained as two-lane streets, adequate ingress and egress is available for police, fire and emergency evacuation, and no one neighborhood is unduly burdened by providing more than its fair share of roadway capacity. Policj P The hierarchy of City streets and their functions shall be as follows: llector- (example Burns Road) collect and distribute traffic from neighborhood to neighborhood throughout the City and provide back-up routes to the County thoroughfare system, may be greater than two lane and are always public, unless designated a private road pursuant to a PUD or PCD approval prior to the construction of the road. The goal is to have a network sufficient to maintain these roads at no more than four lanes. Neighborhood Collectors - (example Holly Drive) collect and distribute traffic within a Planned Unit Development or from limited access subdivisions, will be City TRANS PORTA TlON 2-1 5 maintained as low speed, two lane public roads (unless designated a private road pursuant to a PUD or PCD approval prior to the construction of the road) suitable for fronting residential development, institutional, or neighborhood commercial development. Local Roads - (example Buttercup) all other City roads, may be public or private. Policy I Minimum right-of-way requirements for new roadways shall be: I b) c) d) e) Parkways - 300-400' right-of-way. 4rterial/Primary roadways - right-of-way and laneage based on County and State standard; City Collector roadways - 120' right-of-way; Neighborhood Collector roadways - 80' right-of-way Local roads - 60' right-of-way (swale drainage); and 50' right-of-way (curb and gutter). w a method __' accmting lesser widths in the c . ,nt of the redeveloDment of existinr, -.,&-of- .. that have been built at a lesser width or the establishment of rieht-of-wavs with other Dhvsit platural constraints, Policj MA The City shal wiM++s maintain -- gtAtiem ninimum standards for Neighborhood Collector roadways 1 the la = to ensure that neighborhood collectors can remain two-lane roadways tnrough build-out of the County. Actual alignments for these roadways will be established as part of the development review process. - Policy - development approval and a priority schedule for acquisition or reservation established. I Rights-of-way shall continue to be formally identified at the time of Policj require mandatory dedications of rights-of-way, easements, 01 ' 2.3.5.:1 As a condition of plat br development orc nder the same ownership as the property being platted, I approval, the City shall when the required ROW is Po brovide eficient flow of .-. traffic, . shall encourage the use of roundabouts at suitable locatic ler Ob'ec e 22.2.: - 2.2. In accordance with section 163.3202, F.S., - maintain land development regulations for the 'm and revise where necessary, pruvision uf motorized and non-motorized transportation. TRANSPORTATION 2-1 6 I The City sh -" ierally prc ' " street parKini ner 1 bullzctor roads 111.t uo not ~IIIL~II~ safety perfornia11c;t: swndarus a= On-street parking may be allowed, with specific City Council approval and as necessary the approval of the agency having jurisdiction over said roadway, when the design boads that meet the adoDted level of service standards.[ -- Objective requirements for safety and aesthetics in the transportation system. 5.:- fl maintain land development regulations which set n Policy 1 minimize roadm ay hazard by: L.~.L;[ The City shall continue to enforce its adopted design standards, which Requiring the provision of adequate storage and weaving areas; Providing turn lanes with adequate storage; Limiting direct access from residential driveways and local roads onto high-speed traffic lanes; Reducing conflicts between roadway and pedestrian or rail traffic; Providing adequate capacity for emergency evacuation; Providing standard signing and marking for roadways, bikeways, sidewalks, and intersections; Controlling access between dissimilar land uses; Regulating the length of cul-de-sacs; and Road drainage. Polic:, .2.: ;hall ador: wide Streetscape and Landscaping Pli providing design ma idelines that address rredestaian use. urban aesthetics and accmted traff 1 acourage street trees for green linkages outside of the parkway system, in order to connect with the parkway system. Objective - - To continue coordinating Transportation planning with the future land uses shown on the Future Land Use Map of this plan, the FDOT Five Year Transportation Plan, plans of neighboring jurisdictions, and Palm Beach County transportation and future land use plans. Policy I The City shall review subsequent versions of the FDOT Five Year Transportation Plan and Palm Beach County Five-Year Road Improvement Program in order to update or modify this element, if necessary. Policy The City shall review for compatibility with this element, the transportation plans and programs of the unincorporated County and neighboring municipalities as they are amended in the future. TRA NSPORTA TlON 2-1 7 Policy -8 L.O The City shall coordinate with State and County traffic agencies to change the classlllcativll of Holly Drive on plans and models to that of a neighborhood collector. Objective 1 various modes of transportation. The City shall a-lw plan and provide for alternate routes to major arterials within the City Center area, which is bounded by RCA Blvd. to the south, Prosperity Farms Road to the east, Military Trail to the west, and Atlantic Avenue to the north. and incorporates into the Conceptual Thoroughfare Plan map and the Future Land Use Map Series the City Center Linkages Plan (Maps P, Q, and R) for the City Center area to serve as alternate routes to PGA Blvd., Prosperity Farms Road, and Alt. A-1-A, and other major thoroughfares within the City. The plan provides facilities for vehicles, pedestrians, as well as bicyclists within the right-of way. Accordingly, the City adopts Policy 2.7.1.: The City shall require individual developments to dedicate the needed right-of-way aunng the site plan review process, be consistent with, and conform to the City Center Linkages Plan. However, the City Council may in its discretion accept a perpetual public access easement in lieu of dedication of right-of-way on tertiary and secondary roads (defined to be neighborhood collectors and local roads) only. This shall apply only to tertiary and secondary roads (neighborhood collectors and local roads) that are part of the City Center Linkages Plan. Roadway alignments, right-of-way, cross sections and construction of each link shall be consistent with the standards specified in the City's Land Development Regulations. However, granting of waivers may permit minor deviations from the plan and or roadway construction standards affecting such links. Such waivers are granted only by the City Council acting upon a recommendation from the Local Planning Agency. The City reserves the right to expand the laneage within the right-of-way and or the right-of-way itself, if so determined by the City, should the need arise in the future on roadways upon which the City is granted perpetual public access easements. Maintenance of such roadways, upon which the City is granted the mentioned easement, shall be the sole responsibility of the property owners/developers. Policy p1.6.2.: facilities: 2.7.2.: The parkways are shown on Maps A and I and include the following 1) 2) 3) 4) 5) 6) 7) PGA Boulevard from Beeline Highway to Central Boulevard. Central Boulevard from PGA Boulevard to Donald Ross Road. Donald Ross Road from Prosperity Farms Road westward to the Palm Beach Gardens city limits. Beeline Highway from PGA Boulevard to the Caloosa subdivision. Hood Road from Prosperity Farms Road to a future North-South Artery west of Florida's Turnpike. Future North-South Artery west of Florida's Turnpike. Future East-West Artery north of PGA Boulevard and south of Hood Road. Policy= The rights-of-way. parkways shall include pedestrian ways within the additional Policy .2.7.4. , The designated rights-of-way for parkways shall be 300-400 feet. TRANS PORTA TI0 N 2-1 8 Anght-of-way may be averaged, with City Council approval, to include in the calculation restored wetlands and upland habitat set-aside on the site in order to maintain a native greenway and promote linkages of the natural environment, including wildlife corridors. Hood Road between Prosperity Farms Road and Central Boulevard shall receive parkway treatments within a 55' corridor. __ Policv 2.2.'/.5.: The City shall enc----age the develotment of a trolley system to urovi -nnection to the surrounding resident Objectiv Z.2.6.: encourage the use of public transit, bicycle, and pedestrian p hin City boundaries and iiiii;clpalit of the Parkway System an Policy I rr;: I The City shall continue to require new developments to construct bicycle alu pekdrian ways within and on roadways adjacent to those developments and to identify future on-site centralized transit pick-up/drop-off points. Policy the older portions of the City a priority in the Capital Improvement Element. The City shall continue to make continuity between pedestrian paths in - Policy bx connect to existing road facilities so that a continuous pedestrian system occurs. 2.6.3.: The City shall continue to require elements of the parkway system to II Policy h.u.q.4 The City shall coordinate with the Town of Jupiter in an effort to identify appropllube bike trail linkages between tl- Darr nnrllpus ir D"l~ BpnnL Jardens and the pepwed Florida Atlantic University ca- I in the Abc e woPosed Bicycle and Ped--ian Nc-.. ____ - - blicv 2.2.1.4.) shall assess omortunities for additional linkages to neihboring municit>alities - IPolicv 2.2.6.5: Facilities which accommodate the needs of the handicamed, pedestrians and ' wlists shall be assessed and req devel nent review tx-oces: during roucv L.L.o.o.: HV uecember Lull. the City shall adom a sustainable Multi-Mod TransDortation Plan incornorating the findings of the Transit Needs Assessment and Bicycle Pedestrian Plan. The Plan shall develop a long term stratem to reduce C02 emissions, ~fc-~ weaken road concurrency measurements. GOAL 2.3.: TO PROVIDE A SAFE AND ACCESSIBLE PUBLIC TRANSIT SYST ENCOURAGING A SUSTAINABLE ONOMICALLY FEASIB ALTERNATIVE TO AUTOMOBILE USE. TRA NSPORTA TlON 2-1 9 Ubiective 2.3.1.: ‘lo coordinate with the Metropolitan inning Urpanization, Sou Florida Regional Transportation Authority, Palm Beach County, Treasure Coast Regio Planninp Council, Palm Tran, other local transit service providers and local municipaliti Policy The City shall continue to provide Palm Tran, the local transit authority, with employment and development activity on projects within the City in order to identify potential sources of and destinations for people using transit and assist them in the extension of transit service in the City as ridership need is identified. Policy b-1 -7 The City shall coordinate efforts with Palm-Tran to increase public awareness of the expanded Palm-Tran service through the following efforts: 1. Work with identified area attractors (examples: Gardens Mall, Government Center, libraries) to produce public information displays on how to access the attractors by Palm-Tran. 2. Provide displays in all City offices and parks indicating the location and stop number of the closest Palm-Tran stop. 3. Include information on the location and number of the closest Palm-Tran stop in advertisement of all City sponsored public events. Policy feasibility of a semi-local, independent shuttle or transit system within the north county area. 3.1.4.: The City shall continue to participate with the MPO in a study of the Polici 3.1.3.: The City shall continue to require parkway system improvements, as defincu In the F ULJre Land Use Element of this Comprehensive Plan, to be introduced into newly developed areas to incorporate. . .. :ity shall ado\ advanced provide for the motection and acauisition of existing anc lic transit riszht-of-way and exclusive public transit conidor: $t-of-waJ - -auisiti--- __ - - - uture rights-of-way. inchdir . __ Policv 2.3.1.8.: The City shall coordinate its transportation and mass transit strategies and uolici ’ trategies and policies supported bv the Treasure Coast Regional Planning Council (TCRF m Policv 2.3.3.1.: Bv December 2009, the City shall conduct a Transit Needs As! identifv the existin onditions and determine the future transit needs of the Cit ;ment study. TRANSPORTATION 2-20 Policy ,- on the FEC railr-nd trn-l:. The City shall support efforts to extend the Tri-County Commuter Rail TRANSPORTA TlON 2-21 ’. , . .. ,.. EAR- BASED COMPREHENSIVE PLAN AMENDMENT HOUSING ELEMENT - EXECUTIVE SUMMARY Housing Elem en t Overview The existing Housing Element has one general Goal that includes a wide range of provisions. Staff is proposing to add a second Goal to group all those provisions related to affordable and workforce housing. Under this new Goal we also included definitions, and initiatives that are recommended to promote a balanced community and support sustainable economic growth. Recent Florida legislation (HB 1363, and HB 1375) provides definitions and incentives available to local governments to support affordable and workforce housing efforts. “Housing is most Americans ’ largest expense. Decent and affordable housing has a demonstrable impact on family stability and the life outcomes of children. Decent housing is an indispensable building block of healthy neighborhoods, and this shapes the quality of life ... better housing can lead to better outcomes for individuals, communities, and American society as a whole. In short, housing matters. ” Bart Harvey, 2006, Joint Center ofHousing Studies ofHaward University. The following initiatives are part of the proposed Housing Element: 0 0 0 0 Promote sustainable and energy efficient standards for housing (Objective 3.1. I., Page 3-1, Proposed) Assist the private sector to provide housing of the various types, sizes and costs (Objective 3.1.2., Page 3-1, Existing) Continue to identify substandard units (Objective 3.1.2., Page 3-1, Existing) Encourage housing and supportive services for the elderly and special needs residents (Objective 3.1.4., Page 3-2, Proposed) Provide adequate sites for group homes, mobile homes and manufactured homes (Objective 3.1.5., Page 3-3, Existing) Conserve and extend the useful life of the existing housing stock (Objective 3.1.6, Page 3-4, Existing) Promote programs and other means to ensure affordable and workforce housing to sustain a balanced community and economic growth (Objective 3.2. I., Page 3-5, Proposed) Continue to designate adequate sites to ensure that adequate supply of land exists for providing affordable and workforce housing (Objective 3.2.2., Page 3-1, Existing) The following studies or actions are recommended by staf$ I COMPLETION I STUDY/ACTION I I YEAR I I 2010 I DeveloD an Affordable /Workforce Housine Need Assessment and an In rl -- Define incentiv&:e building standard cient technologies, and provide education ^._-“-Ah.. --1_- HOUSING ELEMENT Goals, Obiectives and Policies GOAL 3.1.: THE PROVISION OF PALM BEACH GARDENS RESIDENTS. SJSTAINABLI, SAFE AND SANITARY HOUSING WHICH MEETS THE NEED=& EXISTING AND FUTURE tive 3.1.1.: Strive to fulfill the Citv housing needs while Dromoting sustainable and efficient practicLJ chat reduce hq~-- operatin- costs for energy. sewer and w-+-r usage, within tl Polici use meen building standards and enerpv efficient technologies. BY December 201 1, the City shall define incentives and provide education awareness programs oriented to developers.1 1.1.2.: The Citv shall offer regulatory and financial incentives to encourage developers Policv 3.1.13.: The City shall ensure a compatible relationship between new housing a circulation Datterns and encourage pedestrian n-4 bicycle interconnectivitv and transit fiiend communities in order to minimize traf * l..r---qt arear - ___ , - __- - --- -1ty ---- and protecteddom thebpac ---re t )f new idential devel Policv 3.1.1.5.: The Cit\ ~~~~ ~~ prc---- ~~ ~~~~~~ su ~ -." L----Aed-use residential development close Droximitv to services to red dependance on automobile use in new residenti velopments and redevelopment areas Objective I; ssd the private sector to provide housing of the various types, sizes, and costs to meet the housing needs of all existing and anticipated populations of the City. Toward this objective, the City shall maintainT land development regulations, consistent with Section 163.3202 (l), F.S., to facilitate public and private sector cooperation in the housing delivery system -- Policj The City shall continue to provide information, technical assistance, and incentives to the private sector to maintain a housing production capacity sufficient to meet the projected demand. MA. 3.1.2.1 HOUSING 3-1 Policy to improve tL ,fficiency and expand the capacity of the housing delivery system. : When necessary, the City shall develop public- private sector partnerships shall ensure proposed ordinances, codes, regulations, and changes permitting process do not create excessive requirements, and the City shall continue to amend or add other requirements in order to maintain or increase private sector participation in meeting the housing needs, while continuing to knsure the health, safety, and welfare of the residents. Policy 1.l-0 - BY December 201 1, khe City shall m&&a& assess and improve housia development includb site selection critena ich shall conside .-L-'--- accessibility, convenience, and infrastructure availability. -,. Objective - the City limits. - ,: Continue to identify and assess any substandard units located within Policy m: The City shall continue code enforcement activities through inspections of the housing stock, and institute special . - concentrated .. code enforcement activities where warranted. IBy De efforts Policy E: The City shall assist neighborhood improvement projects by providing code enforcGI1lent assistance, encouraging neighborhood self-help, removing blighting influences, and concentrating capital and/or operating budget improvements in such neighborhoods. Policv 3.1.4.1.: The City shall supmrt the development of accessible affordable senior rena housing in el iximitv to port services - needs change bv considering the use of accessorv dwellinmaaller hnmes co-housing for the elderlv. sl rhoods uD LLlc ?d hniinina nr . - IPolicv 3.1.4.4.: Bv December 2012, the City shall develop a Senior and Special Needs Housir HOUSING 3-2 ot&gtiv - . . - . - . rnufactured homTai-- ____--_ housing are met. ih-shdl Srovide for adequate sites for group homes, :s to ensure that the needs of persons requiring such Policj ma: The City shall maintain non- discriminatory standards and criteria in the Land-Development Regulations addressing the location of group homes and foster care facilities consistent-with Chapter 41 9, Florida Statutes. Policy 3.1.3.~~.: The City shall maintain the zoning code so that different classes of group homes are +rmitted in residential neighborhoods of different types, and that no residential neighborhood is closed to such facilities. Polic! 3. 3.1.5.4.: The City shall provide for community residential homes needed to serve those residents which meet the criteria established by state statute, which shall be located at convenient, adequate, and non-isolated sites within residential or public/institutional areas of the City. Policy "Mixea use" areas as shown on the Future Land Use Map of the City's Comprehensive Plan. 4.3.1.5.4: The City shall allow mobile home development as an acceptable use in the .ursing hoi i, ;,,,sted livinb ,,cilities, &.-.-- soup homes, e 1 , and 1 1 review the Land Development Regulations to add criteria whch ~ilitates the development of such uses in the City. shall be .. ... Polic! allowable in all residential land use categories subject to fiery. &M. 3.1.5.1.: IConpregate Living Facilities -within a Planned Unit Development or parcel within a Planned Lommunity Distric e fc ' ":y bonus subject to City Council approval. Council consideration of I density bonus shall be based upon criteria which includes: compati,,.ity wit,, .,urroundin, aes; impact on service delivery; provision of buffering and setbacks to mitigate building bulk or intensity; and/or design considerations of buildings and site. With demonstration Residential Medium areas, and up to 24 dwelling units per acre in Residential High and Mixed Use areas. This density bonus shall not be applicable within the Coastal High Hazard Area. LZUIILIC~ u Council may approve 1 Conaeg ip to 18 dwelling units per acre in v& Facilities 4 density HOUSING 3-3 Skilled Care Nursing Facility may be permitted within Residential High land use areas at a maximum of 38 beds per acre when designed with an Assisted Living Facility in a Continuing Care Retirement Community. Individual Skilled Care Nursing Facilities shall be allowed within Commercial land use areas subject to the intensity thresholds of the category. The density for dwelling units and beds of Continuing Care Retirement Communities shall be measured from separate acreages delineated for each component. Objective mu: Through continued monitoring and enforcement of building and housing codes, the City shall strive to conserve and extend the useful life of the existing housing stock-and stabilization of older neighborhoods. Policy : The City shall continue to enforce the City's housing and health codes and standards relating to the care and maintenance of residential structures and facilities so as to conserve the existing housing stock and improve the quality of housing and neighborhood environment. Policv 3.1.6.2.: BY December 2013. the Citv shall develop Neighborhood Enhancement Plans assess and prmare plans to imm-ove the specific needs of each nei&borhood including ~~ housing, streetscapes, paces. and infrastructure in declined neighborhoods.] Policy The City shall continue to schedule and concentrate on public infrastructures ana supporting facilities and services to upgrade the quality of existing neighborhoods. -t: Policy reinvestment in housing by providing information, technical assistance programs, and incentives. I.: The City shall continue to encourage property owners to increase private p013. the Citv shall mmider creatiny - Neidhrhood Co,ordinator position to serve as li - ween the neighborhoods and the Cit PRES--kVING EXISTING STABLE NEIGHBORJ3OODS. REFEPLBHLHTATIN - NEIGHBORHOODS THAT HAVE DECLINED, AND DEVELOPING NEW ~SDENTIAL DEVELOPMENTS. ~ __ kromote 1 .. Objective m HOUSING 3-4 programs and other means to e to residents of all income ranges Policy 3.: = L fo Cii g: definitia for affordable and workfoi - -~ :Af€iordable Housing'' means housinp for which monthlv rents or monthly mortgage uavmeni hhdinrr taxes.. insurance. and utilities, do not exceed 30 uercent of the West Palm Beach-Bo1 median income as measwed bv the U.S. Fi--?au of the Census and updatc by the Department of Housing and Urban Development. - annual househc1J hniicphnlrl ci7~ u as housing ariordame tu ni . ovndb~ inno/. ,c A- xtremelv Low Income" means ; ni a1 person; r a fa y m lhousehold income does not exceed 30% of median annual adiusted moss income.1 ies wnose 101 - ,A:.-"+.-.A c 'ery Low Income" means one or more natural persons or a familv whose total &.mal household1 :ome d -- -- t exceed 50% of median annual adiusted ~TOSS inc iwme means one or more natural persc ,,.",,C,..,,.,.,.A 0 0 --- Oh -rmedia~ mual a _._______ -__-__l_ ----I or more natural uersoi,, 3r a income does not exceed 120% of median annual adiusted =os ramiiy Whose total annual hos - incom - nilv w icnme. meatlsDer mes do not exceed 140% the annual median income as determined annuallv by the. Florida Housing Finance Corporation ar adiusted for family size. who are emuloved in areas in which they are considered essential servi~ personnel . incP mited to teachers and educators. uolice and fire mrsonnel, skillc construction trac d health care personnel. and other iob categories defined as essenti bb WL,, .."IyIUvC ,.- ng but no * . :cembt 010. th- __. , _-____ __ ---= ion Plan to review existing ______dab--. . . _________ ____-____ - ._. nditions and trends. auantifi the nee Assessment and an Imulemer and formulate policies and urogram to provide affordable and workforce housing, Policv 3.2.1.3.: The Citv shall coordinate with public-private partnerships, private non-pro. HOUSING 3-5 Policy I The City shall continue to encourage the private sector to provide housing in a range of prices, including those affordable to the extremely low, very low im& low income groups, moderate income and essential service personnel through further streamlining of the review process, promoting the density bonus program, and providing flexible land development code provisions. 383 December 2014 the City shall update housin eeds projections in irovide ow ,I -very low income such as entering into an interlocal Poliq agreement with a neighboring jurisdiction. Policy The City shall increase its support and reliance on the County Commission on Affordable Housing as the entity for promoting affordable housing and recommending incentives for the development of new affordable units. Policy wm: The City shall continue to be party of Interlocal Cooperation Agreements --titlr---+ c*-ds or pro---ms_ '- secure funding for affordable and workforce hous'-- - '-- Irn ixilian - Nelling .- I - ply of affordable and workfor v , _hall encourar developmen iate II dwelling unit in o r to increase t using in new residential develoments and redeveloment area I -- - Policv 3.2.1.9: By December 201 1, the City shall provide the incentives to the private seca interested in the movision of sustainable affordable and workforce housing including but not limited =the followinp. incentive Iensitv Bonus for Low, Medium and Hi& Density Residential land use cateL-.. :chnical studv should be conducted to reummnad nermtaees of densitv bonus acw ) the residential desimation.1 . Traffic Performance Standards mitigation consistent with the Palm Beach Cow Vorkforce Proma I HOUSING 3-6 Policy - Regulations to determine whether there are %-the7 nnnxtunities to streamline the 1 review and permitting process for affordable 1 we I housing. the City shall initiate a review of the Land Developmc-' Objective w. 3.2.2:- -+Continu4 to designate adequate sites with appropriate land use and density on the Future Land Use Map, the City shall ensure that adequate exists in the City for the private sector to provide for the housing needs of the ry low, low and m( 'derate income families, essential service personnel, &the elderly, I Policy 4.3 : The City shall maintain an appropriate amount of land designated for high density residential use to provide for 12 to 15 units per acre to facilitate the construction of housing for low and moderate income families. licv 3.2.2.3: By December 201 1, the City shall consider adopting inclusionw rewlatio rewiring new residential developments and redevelopment projects to include on site or off-s housir Policy 4 .: Designation of high density residential areas intended for the construction of affordable housing in the City shall take into consideration the proximity of such areas to major employment centers. Policj fie City shall maintain and continue to evaluate additional incentives to encourage the production of housing for persons with special housing needs including the elderly, the handicapped, and those in need of affordable and workforc 4&k -- 3.2.3.5 lousing. Policy ,: The City shall maintain development regulations in accordance with Section 163.3202 (l), F.S., to include site selection criteria for the location of housing for the elderly, which shall consider accessibility, convenience and infrastructure availability. Policj ;5; 3.2 .: The City shall rage ee&im+k density bonus program for Planned Community Di (PCD? Planned Unit Developments (PUD)s and other large developments that set aside a ;e of units for very low, 4 low income familie percei ntial service personnel, and employer assisted housir Alternatively, residential development participating in the program may build affordable housing HOUSING 3-7 off-site. Off-site development shall be at the direction of the City Council. The density bonus program also allows for the voluntary payment by residential, commercial and industrial development in exchange for greater density or intensity in specific projects. The criteria for and amount of the voluntary payment shall be established by the City Council. However, in no event shall this amount be less than the cost of producing these units. This payment in lieu of housing production shall be made into the County Housing Trust Fund. For off- site development, it shall be at the direction of the City, so long as the location is convenient and proximate to the need. Development that is eligible for Q. demonstrate its ability to meet ail concurrency requirements at the level of impact calculated at the "bonus" density or intensity; and Q. demonstrate proximity to public transportation and employment opportunities; and density bonus must: Q. legally ensure that the units remain affordable, in pemetuity, to households, which, by definition, meet the income guidelines for .tremelv 1 ~ very low, low income, and lSential service DersOrIIl~. Q. be found consistent by the City Manager or his designee, for consistency with this policy. The City Council shall be responsible for recommending the maximum densityhntensity allowed under this program. Policy and modular structures and buildings in all residential zoning districts. .. The Land Development Regulations shall continue to allow manufactured Policy : With recommendation of the City Council, the County's Commission on Affordable Housing, or its successor, may be utilized for the payment of impact fees for newly constructed housing units for ~~kmely low, very low- and low- income families, bsential servi b-, and for the amortization of impact fee payments for newly constructed housing units for moderate-income families. Payments shall be made directly to the appropriate Impact Fee Trust Funds when financing such impact fee payments. Policy 3&Mk 3.2.3.10.: The City shall maintain its Land Development Regulations to permit the placement of manufactured homes and conventionally built residences within single-family and multiple-family residential districts provided that the homes: (1 ) comply with all City building, construction, design and housing codes, hurricane velocity regulations and US. Department of Housing and Urban Development body and frame construction requirements as applied to Hurricane Resistive Design Standards; and (2) be subject to any Council or staff reviews as provided in the City of Palm Beach Gardens Code of Ordinances. The structural capabilities of HOUSING 3-8 homes located within the City shall be verified by a Florida Registered Professional Engineer. The engineer shall certi@ that said home has the structural capacity to withstand hurricane force winds as prescribed for the geographical area as designated in the Standard Building Code. .3.11. he Citv shall Drovide education awareness momams for thc of the need for workforce housin Jrdable and workforce housing areas are -~ dicv 3.2.3.12.: The City s ievelowd with affordable and &f e housing comDonents. re that f 5.L.S.U.: lhe City wing" ill coordinate its strategies and policies with the Treasure Coi ' o Drovide affordable and workforce housin, HOUSING 3-9 m- mw r 6 I I I I I E n :: I I I I -- I I I I 0- s3 m 0[1 0 U < r , ./ 'I ! 4' 'I 1. I ., .' I,' I I h. I I- ,- - I)- I v) 0 r v) = D w B I I P MC I ‘1 %I -- I E n 0 C 111 z 6 5 0 v) CR 5 I I 0 v) 9, 3 Q I i. I P I I '1 I 1 5 I f t" P City of Palm Beach Gardens Council Agenda May 15,2008 Mayor Jablin Vice Mayor Levy Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Council Member Russo Council Member Barnett Council Member Premuroso CITY OF PALM BEACH GARDENS COUNCIL AGENDA May 15,2008 7:OO P.M. J I. PLEDGE OF ALLEGIANCE dII. ROLLCALL J III. ADDITIONS, DELETIONS, MODIFICATIONS: 4V ANNOUNCEMENTS / PRESENTATIONS: Solid Waste Authority - New Land Fill 'b. f Pape 5) Recognition of the Palm Beach Gardens High School Lacrosse Team. J V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: d VL CITY MANAGER REPORT: VIL COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, Dlease submit request form to the Citv Clerk Drior to this Item) Vm. CONSENT AGENDA: !& a b. JPwe 6) Approve Minutes from April 3,2008 workshop City Council meeting. JPme 11) Approve Minutes from April 3, 2008 regular City Council meeting. :-O c. lPaee 24) Approve Minutes from April 17,2008 regular City Council meeting. d. (Staff Re 4OJ-Resolution 37,2008 - Mutual Aid Agreement. n mxwnon or me ~iry Louncil of the City of Palm Beach Gardens, Florida authorizing execution of the Palm Beach County Law Enforcement Agencies Mutual Aid Agreement; authorizing the Police Chief to execute additional Agreements to effectuate the Mutual Aid Agreement; and providing an effective date. & wd @,Ita& * Rd I* p& p&'" f. e. {Page 54) Proclamation - National Police Week 2008. - {Page 55) Proclamation - Emergency Medical Services Week.-@i \A + IX. PUBLIC HEARINGS: Part I - Ouasi-iudicial -Staff Report on Pa 56, F - Kesoiution LL, A08 - Development Ordel tinlt-ndmenl. n Rt-wIuLIuu VI LUC Llty Council of the City of illage Planned Unit Development (PUD), bounded by Donald Ross Road to the orth, Central Boulevard to the West, and Military Trail to the East, as more articularly described herein, to eliminate certain conditions of approval related to he provision of shared parking; providing conditions of approval; providing aivers; and providing an effective datc Beach Gardens, Florida amending the Development Order for Donald Ross -Staff Report on Page 100, Ordinance on Page 141, Resolution on Page 1441 btce 9, 2d8! :2nd reading and adoption) Klock property office building ruD. An Ordinance of the City Council of the City of Palm Beach Gardens, lorida relating to rezoning; rezoning a parcel of land consisting of 3.01 acres, ocated on the North side of Burns Road approximately 1,340 feet East of Military rail, as described more particuIarIy herein, fiom Research and Light Industrial ark (M-1) zoning district to Planned Unit Development (PUD) overlay with an derlying zoning district of Research and Light Industrial (M- 1) zoning district F o be known as the Hock Property Ofice Building PUD; providing revisions to the zoning district map; and providing an effective dat Resolution 28,2008 is a companion item to Ordinance 9,2008 and will require council action. RGSUIULIUH LO, LUUO - Klock property office building PUD ncsuiuuon VI me City Council of the City of Palm Beach Gardens, Florida approving the Klock property office building Planned Unit Development (PUD) to allow the development of one building consisting of 48,000 square feet of professional office use on a 3 -0 1 -acre parcel, as described more particularly herein; providing waivers; providing conditions of approval; and providing an effective datl Staff ReDort on Pal 153 Res solution 36, 2008 Cove Plat. 1 Rd the City of Palm Beach bardens, Florida approving the Cimarron Cove Plat; and providing an effective An+a Part I1 - Non-Quasi-iudicial X. XI XII. XIII. XIV. a ‘Pa 163) Evaluation and Appraisal Report based Amendments (EAR) - Based Amendment Workshop. City-initiated workshop to present the EAR-based Comprehensive Plan amendments for the Future Land Use, Transportation, and Housing elements in the first of two public workshop sessions; and to request discussion and direction from the City Council. Both sessions will outline the Comprehensive Plan Goals, Objectives and Policies staff recommends amending, and will include an executive summary of each element. RESOLUTIONS: ORDINANCES: (For Consideration on First Reading) ITEMS FOR COUNCIL ACTION/DISCUSSION: CITY ATTORNEY REPORT: ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision ma& by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is mmk, including the testiimny and evidence upon which the appeal is to be based In accordance with the Americans with Disabilities Act and Section 286.26, Florida States, persons with disabilities needing special accommodations in order to participate in this proceeding are entitkd to the provision of certain assistance at no cost. Please call the City Clerk’s OfJice at 561-799-4122 no later than 5 duys prior to the hearing if this assistance is required For hearing impaired assistance, please call the Florih Relay Service Numbers: 800-955-8771 gDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY OF PALM BEACH GARDENS COUNCIL AGENDA May 15,2008 7:OO P.M. Mayor Jablin Vice Mayor Levy Council Member Russo Council Member Barnett Council Member Premuroso I. PLEDGE OF ALLEGIANCE 11. ROLLCALL 5- 8 111. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: 3;aO a. Solid Waste Authority - New Land Fill b. ITEMS OF RESIDENT INTEREST AND BOARDKOMMITTEE REPORTS: -Recognition of the Palm Beach Gardens High School Lacrosse Team. V. VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit reauest form to the City Clerk Drior to this Item) 8; f VIII. CONSENT AGENDA: 5-0 a. -Approve Minutes from April 3, 2008 workshop City Council meeting. b. lpEnt 11) Approve Minutes from April 3, 2008 regular City Council meeting. c. gage =Approve Minutes from April 17, 2008 regular City Council meeting. d. 38. Rcsollution on Paw 4OLResolution 37, 2008 - Mutual Aid Agreement. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing execution of the Palm Beach County Law Enforcement Agencies Mutual Aid Agreement; authorizing the Police Chief to execute additional Agreements to effectuate the Mutual Aid Agreement; and providing an effective date. 5-0 e. =Proclamation - National Police Week 2008. $51 Proclamation - Emergency Medical Services Week. Part I - Ou- 'a1 a. taff Re pprt OR Pane 56, Reso lu to i n on Pa p e 86 1 Resolution 22, 2008 - Development Order Amendment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the Development Order for Donald Ross Village Planned Unit Development (PUD), bounded by Donald Ross Road to the North, Central Boulevard to the West, and Military Trail to the East, as more particularly described herein, to eliminate certain conditions of approval related to the provision of shared parking; providing conditions of approval; providing waivers; and providing an effective date. g! 13 5-0 b. (StslfRtPQrt on Pane 100. Qrdiaance on Pape 141, Resolution QII Pane 144) Ordinance 9, 2008 - (2nd reading and adoption) Klock property office building PUD. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to rezoning; rezoning a parcel of land consisting of 3.01 acres, located on the North side of Burns Road approximately 1,340 feet East of Military Trail, as described more particularly herein, from Research and Light Industrial Park (M-1) zoning district to Planned Unit Development (PUD) overlay with an underlying zoning district of Research and Light Industrial (M- 1) zoning district to be known as the Klock Property Office Building PUD; providing revisions to the zoning district map; and providing an effective date. 8: a, 54 Resolution 28,2008 is a companion item to Ordinance 9,2008 and will require council action. Resolution 28, 2008 - Klock property office building PUD. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Klock property office building Planned Unit Development (PUD) to allow the development of one building consisting of 48,000 square feet of professional office use on a 3.01-acre parcel, as described more particularly herein; providing waivers; providing conditions of approval; and providing an effective date. 83 I s-0 C. 0x4 an P ape 153. Re solution an Pane 155) Resolution 36, 2008 - Cimarron Cove Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Cimarron Cove Plat; and providing an effective date. S-O a. JPaec 163) Evaluation and Appraisal Report based Amendments (EAR) - Based Amendment Workshop. City-initiated workshop to present the EAR-based Comprehensive Plan amendments for the Future Land Use, Transportation, and Housing elements in the first of two public workshop sessions; and to request discussion and direction from the City Council. Both sessions will outline the Comprehensive Plan Goals, Objectives and Policies staff recommends amending, and will include an executive summary of each element. X. RESOLUTIONS: XI ORDINANCES: (For Consideration on First Reading) XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: XIII. CITY ATTORNEY REPORT: XIV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8 771 (TDD) or 800-955-8 770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY COUNCIL MEETING 05/15/08 PROPOSED ADDITIONS, DELETIONS AND MODIFICATIONS ADDITIONS: DELETIONS: MODIFICATIONS: Under Items of Resident Interest: Resignation of City Attorney NONE NONE \QJ? 1 COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: e,wow~ c WRW I/< Address: 715 up5Ud 6flv Q$ City: 7 66 Subject: fiEsoturlO@ 36> 20 0% clm&RRow l9VE ?L@P Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Please Print COMMENTS FROM Request to Address A THE PUBLIC City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. POT (ma a-kq ‘[ ~NTS FROM THE PUBLIC Request to Address City Council Please pint Name: Add res : City: \ 1- / 1 <’ Subject: I <,I c . 1 /p (+) ; A/ i Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. lflor __c 1 COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Address : City: Subject : @fw !, &&99*zA W / ,7& Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. it COMMENTS FROM THE PUBLIC Request to Address City Council Please Print ” Address: ‘7 \> City: Subject: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: SOHr2) c Qff-PLI 1.: Address: 315 )-tc,osorv‘ 6nv De City: P B6> Subject : B09& 67 Members of the public may address the City Council during the ‘Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Subject: BU D6 F,f Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Address: City: Subject: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Please Name: COMMENTS FROM THE PUBLIC Request to Address City Council Print t Subject: fiLcb/;P / Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Subject: &d&f Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council City: 0 DG.> FL Subject: -23,DGH- Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Name: Print City: Subject: -- h4. c,i - - i Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council I Please Print Name: U&u $o+ i Address: 10181 nul?\ sf City: portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. PUBLIC HEARINGS: 05/15/2008 P Part I - Ouasi-Judicri/al / I Title Read: d ,' SMPnrJieartation: v I-hdng-: H' Bring bacK Tor discussion: Motion: / /' Vote: / Title Read: L/' Hearing Opened: Ex-Parte: my EJ Petitiawjiimtatim: ,/,' 1 _-' --__ --_ HacrrihgClastd: Bring back for discussion: MUtitXh: VoQe: * .. ,., Resolution 22, 2008 - Development Order Ameadmdnt. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amendiag the Develapnsaslt Order for Donald Ross Village Pld Unit Devekrpment (PUD), bounded by Donald Ross Road to the NottB, Central Boulevard to the West, and Military East, as more particularly described herein, certain conditions of approval related to the provkkm of providing waivers; and providing an effective date. shared parking; providing conditions of appwrl; I n Page 144) Ordinance Y, ~008 - (2na PUD. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to rezoning; rezoning a parcel of land consisting of 3.01 ams, located on the North side of Burns Road approximately 1,340 feet East of Military Trail, as described more particularly herein, fiom Research and Light Industrial Park (M-1) zoning district to Planned Unit Development (FWD) overlay with an underlying zoning district of Rewarch and Light Industrial (M-1) zoning district to be known as the Klock Property Oflice Building PUD; providing revisions to the zoning district map; and providing an effective date. &g mu adoption) IUmk prom office building Resolution 28,2008 is a companion itan to Ordinance 9,2008 and will require council action. Resolution 28, 2008 - Hock property office building PUD. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Klock prolxrty office building Plamred Unit Development (Pm) to allow the development of oflc bufMing consisting of 48,OOO square feet of profaionat oh u~t on a 3.01-acre parcel, as described more particufarly herein; providing waivers; providing coWons of approval; and providing an effective date. fShff ReDort on Pag4?’:53, Resolution on Pa Resolution 36,2008 - Cimarron Cove Plat. A R,esobtim of the City Council of the City of Palm Beach Gardens, Florida approving the Cimarron Cove Plat; and providiag an effective date. Evaluati0n.d Appraisal Regorrt based Amendmmr(EAR) - Based Workshop. City-initiated workshop to present the EM-based Comprehensive Plan amendments far the Future Land Use, Transportation, and Housing elements in the fhst of two public workshop sessions; awl to request n and direction from the City council. Both seaions will outline the Comprehensive Plan Goals, objectives llad Policies staf€recommmends amding, and will include an executive summary of each element. 3 I The Western Landfill ginat1y;purchased a 1600-acre parcel located west of Boca Raton in Palm quafly fmd thatthe site was inappropriate for a landfill. the South FIorida Water Management District (SFWMD), sought n a more suitable location. tern .W€€:i&e'iocated in the Everglades Agricultural Area in December The-%%st&B dfl has ;ken identified in the Future Land Use Atlas of the county's Comprehensive Plan 'since 19W- : + i+ The Western Landfill site& l@@kd 8' soh of CR880 and 6 miles west of 20 Mile Bend. f& a 792acre landfilI, and the rem mtm. '.. ing ?ea will be for facilities, roadways, and a .. . -bWms as the SWAG ing Board has directed staff to begin the permitting process for the Western Landfill. farther away from the Loxahatchee National Wildlife Rehge. In order to address the concerns of the environmental community, the SWA is also looking at alternative sites UISTANCE FROM EACH MUNICIPALITY-S LlTY HALL I . -urn may ........... .I I miles . Belle Glade .......... .I6 miles . Pahokee ............ .22 miles . Wellington ........... I6 miles . Royal Palm Beach., .. !e Groves .27 miles . I5 miles I' . .......... Greenacres .20 miles Tho pit. . Haverhill ............ .23 miles . LakeWwth., ........ .25 miles - ..- ".-e is located 6 miles west of 20 Mile Bend in the Everglades Agricultural Area and 8 miles south of CR880. LOCAL JOBS CREATED Approximately 60 permanent jobs will be created at the site. For construction, it is estimated there will be up to 200 new construction jobs onsite continuously for the first An 8-mile roadway will likely be constructed from 2012 through 2014, which will create an estimated 50-100 8- 10 years (20 12 through 2020), then 50- 100 annually thereafter. new construction jobs. r . ... L, SEARCHING FOR AN ALTERNATIVE SITE Request for Expressions of Interest The Board has also asked SWA staff to look for alternative sites where the landfill can be permitted and constructed because of its proximity of the current site to the Loxahatchee National Wildlife Refuge. SWA is investigating the availability of suitable locations and will be releasing a Request for Expressions of Interest (RFEI) seeking sellers of land. Alternative sites are restricted by state and federal regulations, including proximity to airports and potable water wells. e Will there be an incinerator or waste-to-energy facility located at the site? Wo w e Will the landfill smell? Will it cause excessive odors? Will I be able to smell it in my backyard? How will the odors be ,.. . -- 4 controlled? ?Q, file Iundjill. will plaging a niinirnirni 6.inch,+kyer of sand-ar.dirt ,over the, top' each duj: Also, u lanilfill gus collection irfkltidirig (I ,flare that d&$ti@yi odors, willrbe: designed and insidld once u luridfill cell hus hcw1 ,filled to cupucit?: -7 3 e Will the landfill be noisy? tiwctor-trailers and other landfill equipriient is not .expected to ~flect a~em of'uri?. udjuwnt pr~oper*t~: smell except in the: iemediatc II or.king,fuce. 0dor.s \till he cwiirolled /?j> A' ... , , , . . ... .. . .. .. , .. . -- ... I1 lt1ill not he located. near ,.. , uny i.e.sitlcvitiul ureus. Noi.ce yrodu(.c>tj 17j9 the 1. r 4e How will the landfill lity? Groundwuter and sur:face yuter M'ill he strictli- protected. This siute-of-the-art fandf2l will be designed and constructed with a system @ut cdlects the ruiincuter that conies in c~~ituct with the waste in the landfill. Groundwater under the landfill will he pi-otected, fiwm the rcTfirse ,!yi inultiple itnptwneahk liners. Water quality will he routinelv iiionitored and reporfed, us required /7?, state und,federal segt I la I io ns. Si t c-spec! f ic hj drogeo logical in ves tigut ions hu I )e sh o M 11 i t h u I t 11 e dire don of the gro i lnd~ vu tcr jlm, is awaj~,fi-om ihe Loxuhcrtchee National Wildlife Refifirge; ther-efiwe, there ure no poteritiul ldutc'r qirrrlitj~ inipucts on the Rqfirge or on gr-oundwater or surfuce water: 5 e What are the effects of the landfill on the endangered Wood Stork and Everglades Snail Kite? The current North count.,^ Rt>.sourc*c Rc~mvq- urid Lunilfill Site (loctrtcd trc!jucwit to Jog Rotrti trrid north of'45th Stwet) has an onsite wading bird rookeq? that has housed nests qf 'horh Wood Storks cnid Ewgludes SnuiI Kites. There huve been no negutive iniptrcts on either species ut the existing, futility. The Wk.sfer.n Landfill is ciiiwnili- heing engineered to ever I in ore s iringen t sta nda rds than the e.yist ing , fa cilitj ). Moreo WI; t 11 ~IY are 11 o co Ion ies or rookeries M ,ith in r ti e project site, or udjacent to it. Therefin, no iipucts UIX' expectrd on either species. 6. Will trash blow off the landfill site into adjacent canals? No - Litter fences mid doill, cover of the wmte ui-e used io coniiwl blowing ti-ash. SWA emplow duilj$ Ial~ore~~s to collect uiij? litter that hlotl:s off the ~~~or*Aing,face of the landf ill. 7e What effect will the landfill have on the food crops grown on nearby farms? None - the luridfill site is required to rnrct .~ing~wt ~i~rfirc~ n~ater und grotindiruier stuntluid~ 8. Are there any wetlands located on the site? No - the entiir sile is ciirreiitl\~ bring trsed,fbr agc.icw~tim/ operutions. I www.swa.org I 56 1-640-4000 1 7501 North Jog Road West Palm Beach, FL334 I2 Ii CL 0 8 & -0 (Do no 4 I-- [%! I % a. 3 cc 3 n 0 3 B CD 3 cc m v 3& e E' EG 3 m 6 CD 0 m E: 5- cc s t3 oc, t3 0 0 oc, u I R 0 a G c) F cb CCI CD CI 0 cc, E? e CD b c r. a ti' p rn 3 Palm Beach Gardens High School Boys Varsity Lacrosse Team 2008 Florida Interscholastic Activity Champions The Palm Beach Gardens High Boys varsity Lacrosse team in only their third season won the State of Florida IA Championship. The team was undefeated in 20 games including the playoff and state competition. The squad generated 248 goals and gave up only 84 and placed several players to all district and area honors. The championship was won in exciting fashion 9-8 in overtime versus HB Plant HS from Tampa. On their championship run they defeated Benjamin School in district play, Coral Reef HS in regionals and Douglas HS in the state semi-finals prior to winning the title. The team was coached by Joe Gephart and Justin Gilken. Coach Gephart is no stranger to our local youth programs leading the tackle football and establishing the initial youth lacrosse program. A number of members of the team also participated in the youth lacrosse program. CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor and Council FROM: _-- Ron Ferris, City Manage SUBJECT: City Attorney DATE: May 15,2008 City Attorney Christine Tatum has submitted her resignation. The City‘s employment attorney and I have negotiated the attached release for your consideration at tonight’s Council meeting. If accepted and approved by Councit, Ms. Tatum’s resignation will be effective immediately. If acceptable to the Council, staff recommends a motion to approve acceptance of Ms. Tatum’s resignation and authorize the Mayor to sign the Agreement and Full and Final Release, and due to this emergency situation, direct the City Manager to hire an interim attorney. Should you have any questions, please contact me at 561.799.4112. Thank you. AGREEMENT AND FULL AND FINAL RELEASE This Agreement and Full and Final Release (hereinafter “Agreement”) is entered into this - day of May, 2008, by and between the City of Palm Beach Gardens (hereinafter “City”) and Christine P. Tatum (hereinafter “Ms. Tatum”). In consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. Ms. Tatum hereby resigns her employment with the City, and the City hereby accepts Ms. Tatum’s resignation effective May 15, 2008. 2. As mutually agreed negotiated severance under Article Ill (C) of the April 6, 2006, Employment Contract between the parties, the City shall: a. No later than May 30, 2008, pay to Ms. Tatum the gross sum of $108,085.68, representing the total agreed upon value of six (6) months’ salary and benefits, and all accrued unused leave and administrative leave and FRS contributions. The parties agree that $9,972.48 shall be deducted from this amount pre-tax and deposited into Ms. Tatum’s 457 account and the balance shall be paid in a single check to Ms. Tatum from which ordinary payroll deductions and withholdings shall be made. b. Should Ms. Tatum elect to continue participation in the City’s health insurance pursuant to COBRA, the City shall reimburse Ms. Tatum for the cost of continued participation in the City’s health insurance for a period of six (6) months from the date of this Agreement. 3. Ms. Tatum specifically acknowledges the following: a. She is specifically waiving her rights and claims, if any, under the Age Discrimination in Employment Act (ADEA). b. She has been given at least twenty-one (21) full days within which to consider this Agreement and Full and Final Release. c. She is advised that she has the right and may consult with an attorney prior to executing this Agreement and Full and Final Release and acknowledges the opportunity to consult an attorney. d. She has seven (7) days following the execution of this Agreement to revoke the Agreement, and the Agreement will not become effective or enforceable until after this seven (7) day period has expired. To revoke the Agreement, Ms. Tatum must advise the City in writing of the election to revoke it within the seven (7) day period; such written notice must be addressed and delivered to Ron Ferris, City Manager, City of Palm Beach Gardens, City Hall, 10500 N. Military Trail, Palm Beach Gardens, Florida 3341 0. e. She is not waiving rights or claims that may arise after the date this Agreement and Full and Final Release is executed. 4. Ms. Tatum hereby unconditionally and irrevocably releases and forever discharges the City and its past and present elected officials, City Managers, officers, employees, and agents of and from, and agrees not to sue and not to assert any causes of action, claims, and demands whatsoever, known or unknown, at law, in equity, or before any agency or commission of local, state, and federal governments arising, alleged to have arisen, or which might have been alleged to have arisen, or which may arise under any law, including, but not limited to, federal, state, or municipal employment, anti-discrimination or retaliation laws such as the Americans With Disabilities Act, Family and Medical Leave Act, Title VI1 of the Civil Rights Act of 1964, as amended in 1972 and 1991 , Florida Human Rights Act, Florida Statute Ch. 448 and 1 12 Florida Whistleblowers Act, and Worker’s Compensation Act (retaliatory claim), that Ms. Tatum on behalf of herself and on behalf of persons similarly situated, ever had, now has, or which her heirs, executors, administrators, or assigns, or any of them, hereafter can, shall, or may have for or by reason of any cause whatsoever, to the effective date of this Agreement. To the extent permitted by law, and without waiving the liability limits established in Section 768.28, Florida Statutes, the City agrees to indemnify and hold Ms. Tatum harmless, from and against any claims, actions, demands, or causes of actions, known or unknown, brought against her by any person or entity which are related to the performance of her duties as an employee of the City, except where she acted in bad faith, with malicious purpose, or in a manner exhibiting wanton or willful disregard of human rights, safety, or property. The City shall further provide an attorney to defend such claims unless Ms. Tatum acted in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. 5. This Agreement constitutes the complete understanding between the parties and supersedes and terminates all prior agreements between them, whether verbal or written, including, but not limited to, the Employment Contract between the parties dated April 6, 2006. Inasmuch as Ms. Tatum was City Attorney during the period in which this Agreement was negotiated, the City acknowledges that it had the opportunity to consult separate legal counsel regarding the drafting of this Agreement, and it has done so. 6. Confidentiality - Except as provided by law, the parties agree not to disclose or publicize the terms or existence of this Agreement. 7. The City denies any and all liability to Ms. Tatum, and nothing in this Agreement shall be construed as an admission of wrongdoing by the City concerning Ms. Tatum’s employment. 2 8. The parties agree this Agreement will be interpreted under the laws of the State of Florida and the United States, and venue shall lie in Palm Beach County. 9. In the event of any dispute which arises out of this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees and costs. In testimony whereof, the parties hereto set their hands and seals the day and year first written above. / /,/A c Christine P. Tatum Witness By: City of Palm Beach Gardens 3 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 RESOLUTION 46,2006 A RESOLUTION OF THE CITY COUNCIL OF BEACH GARDENS, FLORIDA APPROVING THE CITY OF PALM AN EMPLOYMENT AGREEMENT BETWEEN CHRISTINE P. TATUM AND THE CITY OF PALM BEACH GARDENS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the best interest of the City of Palm Beach Gardens to enter into an Employment Agreement with Christine P. Tatum to continue her services to the City of Palm Beach Gardens as City Attorney; and WHEREAS, an Employment Agreement has been prepared and is attached hereto. WHEREAS, the City Council has deemed the approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTlON2. The City Council hereby accepts and approves the Employment Agreement between Christine P. Tatum and the City of Palm Beach Gardens and hereby authorizes the Mayor and City Clerk to execute the agreement. SECTION 3. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) __ Date Prepared: April 3,2006 Date Prepared: April 3, 2006 Resolution 46,2006 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 PASSED AND ADOPTED this bp+ day of &+u- c ,2006, CITY OF PALM BEACH GARDENS, FLORIDA BY: .~, k ATTEST: BY: Patricia Snider, CMC,'City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY o/ Ye& Christine P. Tatum, City Attorney VOTE: -. AYE NAY ABSENT MAYOR RUSSO ./ J / J -- - VICE MAYOR BARNETT -- - COUNCILMEMBER JABLIN -- - COUNCILMEMBER LEVY -- - COUNCILMEMBER VALECHE -- - / G:bttomey-share\RESOLUTlONS\ClTY ATTY CONTRACT RENEWAL - reso 46 2006.d~ 2 CITY OF PALM BEACH GARDENS EMPLOYMENT CONTRACT THIS AGREEMENT is made this h5” day of W& , 2006, by and between CHRISTINE P. TATUM, hereinafter called Attorney, and the CITY OF PALM BEACH GARDENS, a Florida municipal corporation, hereinafter called City. In consideration of the mutual obligations set forth below, the Attorney and the City agree as follows: 1. DUTIES AND RESPONSIBILITIES The Attorney shall perform the functions and duties of the City Attorney as provided in the Charter, the Code of Ordinances, and as provided by Florida Law, and as mutually agreed to by the Attorney and the City from time to time. The Attorney shall devote whatever time is necessary to perform the duties of the position. The Attorney shall remain in the exclusive employment of the City until termination of this Agreement. The Attorney shall not be employed by any other employer until the termination of this Agreement. The term “employed” shall not be construed to exclude occasional teaching, writing, or consulting performed on the Attorney’s time off in a non-conflicting capacity, in accordance with the provisions of the Florida Statutes. It is recognized that the Attorney must devote significant time outside the confines of normal office hours to the City’s business. To that end, the Attorney is entitled to vary her hours as necessary to balance the demands on her time; however, in no case shall the Attorney dedicate less than an average of forty (40) hours per week in the performance of her official duties. II. TERMS OF EMPLOYMENT A. The term of this Agreement shall commence on April 6, 2006, and remain in effect for a term until April 5, 2009. Thereafter, the terms and conditions of this Agreement shall remain in effect and may be terminated with six (6) months’ written notice from the City to the Attorney, subject to the provisions of Section 111 hereinbelow. The term of this Agreement may be modified by written mutual consent of the parties. B. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the City to terminate the service of the Attorney at anytime, subject only to the provisions set forth in Section Ill hereinbelow. Ill. A. 8. C. IV. A. 6. TERMINATION AND SEVERANCE PAY In the event the Attorney is terminated by the City for any reason other than those set forth in Section Ill (B) hereinbelow and during which time the Attorney is willing and able to perform her duties under this Agreement, then in any event the City agrees to pay the Attorney severance pay equal to six (6) months' salary and benefits. Should the City terminate the Attorney for fraud, embezzlement, or conviction of a felony relating to official duties, there shall be no severance pay due the Attorney. In the event the Attorney voluntarily resigns her position with the City, then the Attorney shall give the City ninety (90) days' written notice in advance, unless the parties otherwise agree without the requirement of the City to pay severance to the Attorney; however, nothing herein shall preclude the Attorney and the City from negotiating severance pay based on the circumstances of the voluntary resignation. COMPENSATION The City agrees to pay the Attorney for her services rendered pursuant hereto an annual base salary of $140,000.00 paid in installments at the same time as other employees of the City are paid. Benefits. benefits to the Attorney: As additional compensation, the City shall provide the following The City shall provide the Attorney with a car allowance of $500.00 per month. Participation for the Attorney and immediate family in the City's medical, vision, dental, disability, and life insurance programs. Participation in the personal leave, acute illness, and short-term disability leave pr'ograms for City general employees. The City shall reimburse the Attorney for reasonable expenses incurred by her in connection with and during the course and scope of her duties and obligations pursuant to this Agreement, to the extent budgeted annually by the City. The City shall pay on behalf of the Attorney reasonable professional dues, subscriptions, and seminar expenses to the extent budgeted annually by the City. 2 The Attorney shall receive ten (1 0) Administrative Leave days on January 1 of each successive calendar year. The Attorney shall have the option to use such days or receive additional paid compensation in lieu of use prior to the expiration of each calendar year; provided, however, that such days may not accumulate from year to year. The City shall contribute fifteen percent (15%) of the Attorney’s base salary to the City’s ICMA Retirement Corp. Executive Plan 401(a) Money Purchase Plan, or such other plan at the option of the City Attorney, such contributions being earned and paid per pay period. The Attorney may contribute additional sums at her sole discretion. Upon expiration of this Agreement, or upon either termination or resignation of the Attorney, the City agrees to transfer ownership of said plan at the Attorney’s direction. The City shall provide the Attorney with a cellular phone and/or phone service and a laptop computer for personal and business use during the term of this Agreement. The Attorney shall be entitled to any such other benefits provided to general City employees to the extent not addressed herein, including a cost-of-living adjustment by the ECI rate (US DOL Bureau of Labor Statistics State and Local Government Employees Total Compensation figures) at the same time as other general employees and may be entitled to merit increases in the same amount as other general employees. Such merit increases shall be considered as part of annual budget process for the Legal Department budget. Such further and additional benefits, including any new retirement benefits, which are provided to general employees now or in the future shall be provided to the Attorney. The City may, at any time, provide such additional benefits solely to the Attorney, as it may deem desirable to do so. V. PERFORMANCE EVALUATION Annually, the City and the Attorney will work together to mutually agree upon such goals and performance objectives, generally as a result of the budget process, which they determine to be essential for the proper operation of the City and progress towards attaining the City’s policy directives and shall further establish a relative priority among those various goals and objectives. Progress towards such goals and objectives shall be evaluated annually or as otherwise agreed to by both parties. 3 VI. GENERAL PROVISIONS A. The text herein shall constitute the entire Agreement between the parties. B. This Agreement may not be modified or changed in any way whatsoever except by mutual written consent of both parties. D. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Agreement or portion thereof shall be deemed severable, shall not be affected, and shall remain in full force and effect. E. The City shall indemnify and hold harmless the Attorney from all claims and/or suits resulting from the performance of her official duties, including, but not limited to, actions pursuant to the Charter, Federal, State, and/or County law or mandates, and policy directives of the City within the scope of her employment. (The remainder of the page left intentionally blank) 4 IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day set forth above. EXECUTED by the City on this Cw day of fj& IC , 2006. ATTEST: CITY OF PALM By: By: - Patricia Snider, CMC, City Clerk EXECUTED by the Attorney this Gm day of fl&. ,2006. By: Christine P. Tatum WITNESSER \\pbgsfile\Attomeylattomey-share\AGREEMENTS~ris tatum 2006.doc 5 RUGEM BLANGY 11658 HEMLOCK STWE'!' PALM BEACH GARDENS FL 33410 Muy 05,2008 David 1. KOMAL Vice President Florida ht Coast Railways Operations. Under Resolution 147, 1999 he City of Pdm Rca& Cimdens asked FIIO'T for the aulhurization to build an at-grade railroad crossing at Kjoto Oardens Drive that will be located only 500 ft hm oilc Cnnimwiiry of Gardcn Woods. Since we XMW no Neighborhood Association, as a resident of Ciwden Woods, 1 wtfs elected through a petition to be the mpreesentative for this Cornunity of 330 homes, I m not a lawyer. Wc were very muck opposed to this rcUi1rrw.i crossing auld so wa FEC', On May I I, 2001 at a meeting with FDOT in F~if Lauderhle we bc~ah stared our opposition tc, the new railrod crossing tu far tu SAFE'TY. I p~ctposed to mtlke a chmge an a SW highway ramp that FDOT had planned to build dong side thl: FEC I he, Hy doing SQ it would hLiw been possible to have (I grade separated railroad crassin@ or overtaead highway bridge instead of a grade railroad crossing. FDOT did not consider our request. On May 29,2001 FEC sent I letter io the City Mcmager with copy 10 FDOT RAIL advising ahat FEC woukd not authorize that new crossing due to SMETY to motorists and to tmin engineera (copy enclosed). A fod administrative PreEiring was scheduled for September li 10 15,2003 but ut the last confmnce cdf With Judge C Arrington of the Florida Deptirtment of Administrativc Hearing on Augw 15,2003 the lawycr representing FEC said that FEC was withdrawing their request for 8 Hewing because they had come to an rrmict$le agreement with the City. I was a party to the planned hearing hut X also authorized the cancellation because without FEC I redizxd that I would not be able to prove my cme. On August 2 9,2003 the City Mayor siped a licmse apscernent with I;EC stating that the City shall pay to the Mlway the mueurt of $ 160,000.00 in settlement of the dispute: on completion of the crossing. 'his a-rwarlgernent seemed suspicious surd very much like a bribe a~ FEC had &dy refused to give their autlroxization for the Kyoto Gardens Drive grade crossing. The City knew that they would have problems in tina~.~iy the new crossing but they gave FEC the ga ahead to do the work on the track. at Kyoto Gardens Drive in installing the equipment. I was told by Mr Charles Stone that the work would be finish by Dec 2007. It seems that the work had to be done behe the retirement of John McPherson FEC President and Chief Opemtbrg 0ffit:m. 'The City paid FEC ,6700,000.00. Even so the work has started on the FEC line accirding to a City Council member the City is broke due to the new State reguMionu to cut cxpt'nses tmd further work has been delayed. Due to the situation we have proposed to the City do cancel the license agreement with FEC and recuperate the tirnds paid to FflC imluding the $1 60,000 in settlemc'nt ol'the dispute. Because this crossing is going to be so dmgeroms and FECI is trying to eliminate grade crossings on their he, specidly ddngerous ones, we believe that FEC' could as well cancel the license agreement with the City. In a letter dated June 07,2007 fhm Mr So Strang, Associate Administrator for Safety, FRA discourngcs communities and r.nilrods from creating rrew crossings hecause itit' addition of ii crossing increw:s she risk 01' u collision. FEC wa5 against &at ~iew grade crossing and proposed a gadt: sepmted crossing or overhcd highway bridge. The residciits of Wden Woods asked €or an overpass bridge in 8 petition dated 08!19/1999 Therefore I am suggesting n new agreement, still possible, hetween FEC and the ( '1 1'Y: I The equipmenl for the ex PGA Ulvd grade crossing was dismantled and ruttuned to FEC stack I suggest that the equipment iristalled at Kyoto Gardens Drive should be dismantled and returned to FEC stock far refund to the City. 2) I dm pmpse that WC simild iiot charge my Xahr work in the sdvation at Kyoto ciwdens Drive bccause they will benefit in u lifetime liability insurance saving if there is no ut-grade railroad crossing at Kyato Cjdens Drive. 3) At th& time Y grade separated crossbag or overhead highway bridge witfa an intearedion at the SW liighway ramp is still porraihle W~M the City is Fuoanchlly roble to do BU, 1 brrvce been aelr3ng the Mayor Par a meeting at City Hall with rll the parties lavolved, IL am hoping he will accept my requeut. Hoping YOU will be able to consider my letter I wish tc, thartk you for yaw time, Roger Blangy 1 1658 Hemlock Street Pdm Beach Gardens FI 33410 Td: (561) 622-3407 cc: Charles Stone, FEC Director of Engineering Services. Scott Williams, FEC Legat Oepmrnmf, Christine Tatum, Attorney for the City of Palm Beach ('iardens. Enclosure: FEC Letter to the City dated May 29,2001 I Noise charts for the residents of Garden Woods. ! bfx. Ronald M. Ferris, Ciry Manager City of Palm Beach Gardens 10500 N. Militwj Trail Palnx beach Gardens. Flvrida J 33 10-4698 This is In response to your Iener ofMay 17, 2001, and as a follow up to our neeiicg of May 1 !, 200 1, held at &e FIorida Department of ’Transportation office, in Fr. Laudcrdalc, F’lorids. By way ofthis letter I an giving formal norice that tire R.aiiway LS opposed to this ac-grade crossing and will not approve this type ofcrossing ai this Iocation. First, and most importantly, the crossing would create an unsafe condition as thc proposed S.W. mp overhead highway bridge structure and es?rthcn ramps would impede a motorists !ine:-of-si# when crossing, or mhg from Alternate A 1 A, to proceed west across our tracks, PLnoChet safery concern is the physical lccation ofthe crossing. The crossing would be located at the end of a curve in OW mainline track and would not give our tram Engineers time ta sesci should a motorist becorni: sttanded or stopped on the crossing. Another factor eo consider is the recent signing of an operating agecsrlcnt berwcen the Railway and Amtrak. Amtrak will operate over cur trackage as early as December 3 1,200 1, and ccald add as may as four trains per day at this location. This increase in mi1 traffic along with xhr: projected tr;sf?ic congedon in this sea due to die opening of a new Mmie Theatre combined with the existing traptic hm the Shopping hiall, is yet another concern. As wc stated at the meeting of May I1 2001, the Railway is ~ppo~ed to We arc currently in the process of reviewing our existing mde crossing inventory for the purpose of eliminating and ~hercfore reducing the number dcrossings on our lint. With each new pde crossing, track rn;iinteriance increases, mother opportunity fur a vchickitrain accident is created, and the Railway’s liability is escalated. new at-grade crossings. I believe there are several other snlutions for solving your traffic CQflgcSriOn problcmis other thm opening another at-grade crossing. One a1tern:ative IS a grade separated crossing or overhead highway bridge. I JL?ow this i3 ;t more: casriy way to C~GSS our tracks, however it wouid prcwidt: 9 safer and 6ce flowing route fQf vehkuhr traffic in gcncrdl, ptus enable your Police, Fm, arid Rescue personnel a direct ad open route fc: sewing the connrunity. In our May i 1” 2001 ,:meting. c. c your representative messed the importart f Ihl rQ. Anather solution WQUM be to route, traffic to Iht: noch or south on Alternate Ai A, over the existing grade crossings. The crsssing to t5e north is HocC Rcad, Railway’s milepost J88+2,2308, and is 6,271’ away from [he Iocation afthe proposed Kyoto Gardens Drive crossing T%c ixsssicg to the sa& is RCA Baiievard, Rajhval;’:, nihpost 2‘k3+-1.,305’, and IS cnly 3,354:’ away from the proposed Kyoto Gardens Drive crossing Both ofthe crossings arc; In chc proximity to the proposed crossiny location and would provide relief for traffic congestion on PGA Boulevard. The Railway would consider coordinating the wideninpg of Hood Road or RGA Boulevard, or other improvements you propose, that would help expedite traEfrc flow at either at ches6: locations. Should you need to h&er discuss this matter, pIr:a(t: cali at (904) SJ6-2383. Sincerely , J. L. Schondcr Manager- Er,@tgincering Services CC: Mr. John D. McPhesan Mr. John D. Baker Mr. Charles A. Stone Mt. Dmiel P. Clark, City Engineer Mrs. Janice Bcrrdelon, FDOT m. ~adir m&gce~, mor Page 4 of6 tno 1 Page 5 of 6 \ A' 1, Page 6 of 6 -. . : -, 2 'I- Comprehensive Plan Citizen Courtesy Information List Local Government: City of Palm Beach Gardens Hearing Date: May 15,2008 Type Hearing: City Council Public Workshop DCA Amendment Number: (DCA OflCicial Use) Please Print Clearly By providing your name and address you will receive information concerning the date of publication of the Notice of Intent by the Department of Community Affairs. Check Citizen Address, City, Appropriate Identify Amendment Name State, Zip Code Response@) which is of Interest Palm Beach Gardens High School Boys Varsity Lacrosse Team 2008 Florida Interscholastic Activity Champions In only their third season, the team won the State of Florida IA Championship. The team was undefeated in 20 games including the playoff and state competition. The squad generated 248 goals and gave up only 84. The championship was won in overtime with a very exciting score of 9-8 in overtime against HB Plant High School from Tampa. On their championship run they defeated Benjamin School in district play, Coral Reef High School in regionals and Douglas High School in the state semi-finals prior to winning the title. Let me introduce the coaches -Joe Gephart and Justin Gilken. It's their hard work, dedication and devotion to these players that we have a championship team right here in Palm Beach Gardens. CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, The Congress and President of the United States have designated May 15th as Peace Officers' Memorial Day, and the week in which May 15th falls as National Police Week, and; WHEREAS, the members of the Palm Beach Gardens Police Department play an essential role in safeguarding the rights and freedoms of the City of Palm Beach Gardens, and; WHEREAS, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agency, and that members of our law enforcement agency recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression, and; WHEREAS, the men and women of the Palm Beach Gardens Police Department unceasingly provide a vital public service, and; WHEREAS, May 15th is designated as Peace Officers Memorial Day, with federal law (P.L. 103-322) directing that all flags be flown at half-staff on that date in honor of fallen officers and their families; and NOW, THEREFORE, I, Eric Jablin, Mayor of the City of Palm Beach Gardens, do call upon all citizens of the City and upon all patriotic, civic and educational organimtions to observe the week of May 11-17, 2008, as Police Week in which all of our people may join in commemorating law enforcement officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their communities and, in so doing, hooe established for themselves an erwiable and enduring reputation for preserving the rights and security of all citizens. I further call upon all citizens of the City of Palm Beach Gardens to observe Tlwrsday, May 15"', as Peace Officers' Memorial Day in honor of t.Jwse law enforcement officers who, through their courageous deeds, have made the ultimate sacrifice in service to their community or have become disabled in the performance of duty, and let us recognize and pay respect to the survivors of our fallen heroes. Attest: Pa~ City Clerk IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 15"' da in the year Two Tlwusand and eight. CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION EMERGENCY MEDICAL SERVICES WEEK WHEREAS, emergency medical professionals and volunteers provide medical care to victims of sudden, life-threatening injuries and illnesses, often under stressful conditions and in high-risk situations, to save lives; and WHEREAS, Florida's residents and visitors benefit daily from the knowledge, skill, and judgment of paramedics, emergency medical technicians, firefighters, educators, administrators, emergency physicians, emergency nurses, and others who encompass the emergency medical services system; and WHEREAS, emergency medical personnel must rapidly assess, manage, and effectively provide in unpredictable situations requiring life and death judgments; and WHEREAS, Florida's EMS teams unselfishly serve on the front line of health care when responding to man-made and natural disasters, at the local, state, and national/eve/; and WHEREAS, it is critical the general public be made aware of, understand, support, and effectively use its local emergency medical services systems; and WHEREAS, recognition is due for the emergency medical system for its accomplishments and contributions to improve public welfare through health care, medical transportation, injury prevention, education, disaster response, homeland security and other initiatives that reduce health care costs and save lives; NOW, THEREFORE, /, Eric Jab/in, Mayor of the City of Palm Beach Gardens, do hereby extend greetings and best wishes to all observing May 18-24, 2008 as Emergency Medical Services Week • Patricia Snider, CMC, City Clerk IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach ~_,...,1/Vrida, to be affixed on this 15th day of May in ri.J.Jl,...q,:J:,,..usand and eight . ...