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
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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
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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
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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
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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
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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
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APPROVED: 6
7
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Eric Jablin, Mayor 9
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David Levy, Vice Mayor 14
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Joseph R. Russo, Councilmember 19
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Jody Barnett, Councilmember 24
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Robert G. Premuroso, Councilmember 29
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ATTEST: 33
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Patricia Snider, CMC 37
City Clerk 38
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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APPROVED: 7
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Eric Jablin, Mayor 10
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David Levy, Vice Chair 14
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Joseph R. Russo, Councilmember 18
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Jody Barnett, Councilmember 22
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Robert G. Premuroso, Councilmember 26
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ATTEST: 31
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34 Patricia Snider, CMC 35
City Clerk 36
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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.
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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
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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)
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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)
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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)
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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)
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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
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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
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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.
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Dale Prepared: May 1,2007
Resolution 7, 2007
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Date Prepared: May 1,2007
Resolution 7, 2007
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SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following waivers:
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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)
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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)
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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)
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Date Prepared. May 1,2007
Resolution 7, 2007
Date Prepared: May 1,2007
Resolution 7,2007
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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)
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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)
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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.
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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)
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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)
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PHASE II
Enqineerinq
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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
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CPTED
46.
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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,
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Date Prepared: May 1, 2007
Resolution 7, 2007
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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)
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Dale Prepared: May 1,2007
Resolution 7, 2007
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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).
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Date Prepared: May 1, 2007
Resolution 7,2007
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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.
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SECTION 7. This Resolution shall become effective immediately upon adoption.
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Date Prepared: May 1,2007
Resolution 7.2007
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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
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Date Prepared: February 16, 2008
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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
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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:
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Date Prepared: February 16, 2008
Resolution 22, 2008
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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)
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Date Prepared: February 16, 2008
Resolution 22, 2008
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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
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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)
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Date Prepared: February 16, 2008
Resolution 22, 2008
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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)
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Date Prepared: February 16, 2008
Resolution 22, 2008
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%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)
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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)
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Date Prepared: February 16, 2008
Resolution 22, 2008
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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)
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Date Prepared: February 16, 2008
Resolution 22, 2008
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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)
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Date Prepared: February 16, 2008
Resolution 22, 2008
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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
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Date Prepared: February 16, 2008
Resolution 22, 2008
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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
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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.
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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
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10 ATTEST:
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PASSED AND ADOPTED this day of , 2008.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Eric Jablin, Mayor
13 BY:
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18 LEGAL SUFFICIENCY
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Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
Christine P. Tatum, City Attorney
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26 VOTE:
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28 MAYOR JABLIN
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30 VICE MAYOR LEVY
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32 COUNCILMEMBER RUSSO
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34 COUNCILMEMBER BARNETT
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AYE NAY ABSENT
36 COUNCILMEMBER PREMUROSO
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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. Traffic Study Review
F:\TRAFFIC\ma\Adrnin~pprovals\2007\070425.doc
\
or, Municipalities - Traffic Division
)+
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A NEW OFFICE BUILDING ON THE
KLOCK PROPERTY
PALM BEACH GARDENS, FLORIDA
LIFE SAFETY FLOOR PLAN SCALE 1/8" = 1'-0"
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A NEW OFFICE BUILDING ON THE
KLOCK PROPERTY
PALM BEACH GARDENS, FLORIDA
BUILDING ELEVATIONS SCALE 1/8" = 1'-0"
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ALAN STRASSLER
ARCHITECTS. INC. - m "UT* - UIC a-0 .yIat*D(m FL- um
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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;
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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
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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)
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Date Prepared: March 3, 2008
Ordinance 9, 2008
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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
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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
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FOR AGAINST ABSENT
Date Prepared: March 3, 2008
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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.
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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
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Resolution 28. 2008
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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
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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
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Resolution 28, 2008
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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
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Resolution 28, 2008
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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)
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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.
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Resolution 28, 2008
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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.
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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.
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Resolution 28, 2008
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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
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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)
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Resolution 28, 2008
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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
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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
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the Applicant or Applicant’s agents at any workshop or public hearing.
SECTION 7. This Resolution shall become effective immediately upon adoption.
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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
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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)
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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
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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
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L
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V
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E
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E
N
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T
A
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E
9
5
VI
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F
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A
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PACIF
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O
C
O
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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
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NOT TO SCALE
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(O.R.B.20927, PG.1828)
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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
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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
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TR
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1
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9
5
KEY MAP
R=38.00’
L=48.02’
D=72^24’15"
DETAIL "D"
DETAIL "D"
12
’
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PACIF
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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
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(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
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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
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10’ SEACOAST UTILITY EASEMENT
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35’ CANAL EASEMENT
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SEACOAST UTILITY EASEMENT
(WIDTH VARIES)(O.R.B. 9111, PG. 1830)
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(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>iv - . . - . - .
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
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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
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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.
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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
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I Title Read: d
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SMPnrJieartation: v
I-hdng-: H'
Bring bacK Tor discussion:
Motion: /
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Title Read: L/'
Hearing Opened:
Ex-Parte: my EJ
Petitiawjiimtatim: ,/,'
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HacrrihgClastd:
Bring back for discussion:
MUtitXh:
VoQe:
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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.
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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
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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.
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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
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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)
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Date Prepared: April 3,2006
Date Prepared: April 3, 2006
Resolution 46,2006
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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 ./
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VICE MAYOR BARNETT -- -
COUNCILMEMBER JABLIN -- -
COUNCILMEMBER LEVY -- -
COUNCILMEMBER VALECHE -- - /
G:bttomey-share\RESOLUTlONS\ClTY ATTY CONTRACT RENEWAL - reso 46 2006.d~
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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.
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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.
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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)
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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
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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
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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 .
...