HomeMy WebLinkAboutAgenda Council Agenda 110608
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
November 6, 2008
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
a. Florida Department of Transportation project at US1 and PGA Blvd/A1A.
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 4) Proclamation – Geographic Awareness Week.
IX. PUBLIC HEARINGS:
Part I – Quasi-judicial
a. (Staff Report on Page 5, Resolution on Page 18) Resolution 95, 2008 -
Decorator’s Unlimited. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida, amending the site and sign plan approved for Lot 2 of
South Park Center (a.k.a. Decorator’s Unlimited); providing waivers; providing
conditions of approval; providing an effective date; and for other purposes.
Mayor Jablin
Vice Mayor Levy
Council Member Russo
Council Member Barnett
Council Member Premuroso
b. (Staff Report on Page 48, Resolution on Page 50 Resolution 97, 2008 - St.
Mark’s Episcopal Church. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving a fourth special event application at St. Mark’s
Episcopal Church for a family movie night to be held Friday, November 14, 2008,
from 6:00 p.m. until 10:00 p.m., generally located on the Northwest corner of
Burns Road and Gardens East Drive; providing an effective date; and for other
purposes.
c. (Staff Report on Page 69, Resolution on Page 73) Resolution 100, 2008 -
Development Order Amendment for Gardens Pointe. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving an amendment to
Resolution 76, 2007 site plan for Gardens Pointe to allow the development of a
175-room six (6) story hotel, a four (4) story 37,500-square-foot office building,
and a one (1) story 4,000-square-foot out parcel bank on a 6.64-acre site located at
the Northwest corner of Kyoto Gardens Drive and Fairchild Gardens Avenue
within the Regional Center Development of Regional Impact (DRI), as more
particularly described herein; providing conditions of approval; providing
waivers; providing an effective date; and for other purposes.
Part II – Non-Quasi-judicial
X. RESOLUTIONS:
XI ORDINANCES: (For Consideration on First Reading)
a. (Staff Report on Page 111, Ordinance on Page 119) Ordinance 28, 2008 – (1st
reading) Amending the Capital Improvements Element. An Ordinance of the City
Council of the City of Palm Beach Gardens, Florida adopting an amendment to its
Comprehensive Development Plan in accordance with the mandates set forth in
Sections 163.3177 and 163.3187, et seq., Florida Statutes, pursuant to a City-
initiated amendment which provides for the annual update to the five-year Capital
Improvements schedule within the Capital Improvements Element, including
revised text necessary to update tabular data in the capital improvements element;
providing that the text and data, as amended or revised, shall be substituted for
and replace the existing text or data in the Capital Improvements Element;
providing for transmittal to the State Land Planning Agency; providing a conflicts
clause, a severability clause, and authority to codify; providing an effective date;
and for other purposes.
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
a. January 1, 2009 Council meeting.
b. Membership to the Historical Society.
c. District Park – purchase, timeline and uses.
d. City of Palm Beach Gardens’ 50th Anniversary.
e. Policy on Personal Relationships in the Workplace.
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.
CITY COUNCIL AGENDA COVER MEMORANDUM
Date Prepared: May 12,2008
Meeting Date: November 6,2008
Resolution 95,2008
Subiect/Aeenda Item:
Resolution 95,2008 -Decorators Unlimited at Northcorp PCD
Consideration of Approval: A request by Johnston Group Land Development Consultants, Inc., agent, on
behalf of South Park Center II, LTD, for approval to allow the addition of an ornamental tower element with
and minor modifications to the site and
Park Center, Lot 2, Northmrp Planned
300 feet north of Burns Road and
two signs on the west elevation of the Decorators Unlimited
landscape plans for the site. The 3 .O 1-acre parcel is located
Community District, on the west side of Riverside Drive
adjacent to Interstate 95.
I
[ X ] Recommendation to APPROVE 1 waiver
X ] Recommendation1
Reviewed by:
Attorney
Development Compliance:
NIA
Bahareh K. Wolfs, AICP
Growth Management
Adminis tor: 2k- Kara'L. kin, AICP
Approved By:
City Manager: &
Rodld VFerris
f
DENY 1 waiver
Origiaating Dept.:
Growth Management:
Manager
[ X ] Quasi-
Judicial
[ ] Legislative
[ 3 Public
Hearing
Advertised:
Date:
Paper:
[ X 3 Not Required
Public Notice:
[ 1 Yes
fx] Not required
Allan Owtps
Administrktor
Senior Ac untant: /R
FeesPaid: ""T [ ]Yes
Funding $ource:
Other YL N
Budget cct.#:
%A
City Council Action:
[ ]Approval
wlconditions
[ 3 Denial
[ ]Continued
to:
[ ]Approval
Attachments:
B Applicant's
Narrative &
Justification
0 Resolution 2,1997
0 Resolution 48,1996
0 Ordinance 1,1990
0 Resolution 95,2008 1
0 Plans
0 Resolution 68, 1996 I
i
I
BACKGROUND
On January 18, 1990, the City Council adopted Ordinance 1, 1990 rezoning Northcorp Center, RCA
Boulevard Center, West Park Center, and South Park Center from Research and Light Industrial (M-1) to
Planned Community District (PCD)/Planned Unit Developments (PUDs) with underlying zoning of M- 1.
Furthermore, Ordinance 1,1990 provided that subsequent approvals shall be by resolution without newspaper
publication or notice being required. Conditions of approval for development of the individual PUDs within
the PCD were outlined in Ordinance 1, 1990.
Through the adoption of Resolution 48, 1996 on March 2 1,1996, the City Council approved the site plan for
the development of a 28-foot tall, 47,000-square-foot building located on Lot 2 of South Park Center within the
Northcorp Planned Community District (PCD). The plans included 7,500 square feet of future ancillary ofice
space in a mezzanine above the main floor of the warehouse area.
On April 18,1996, through the adoption of Resolution 68,1996, the City Council approved areduction in the
size of the building from 47,000 square feet to 45,309 square feet in order to meet open space requirements.
Resolution 2,1997, which was adopted by the City Council on February 6,1997, approved an amendment to
the site plan and also included changes to the ground signs, wall signs, and the addition of two directional
signs. The approval included a 24-inch-high sign for Decorators Unlimited at the northern end of the west
elevation wall facing Interstate 95. There is also one principal tenant sign currently displayed on the east
building elevation facing Riverside Drive.
LAND USE AND ZONING
The subject site is zoned Planned Community Development (PCD) Overlay District with a Research & Light
Industrial Park (M-1) underlying zoning district. The future land-use designation of the site is Industrial (I).
PROJECT DETAILS
The applicant is requesting approval to add an architectural tower element on the west building elevation
facing Interstate 95 as a means to enhance the appearance of the existing building and to provide a location to
display two principal tenant signs. The applicant states that the existing sign on the west elevation of the
building is no longer visible to motorists due to the recent widening and reconstruction of Interstate 95. The
upper tier of the 24-foot-tall tower will be angled so that its facades are visible to both the north-bound and
south-bound traffic on Interstate 95. The applicant is also requesting approval to relocate the existing
monument sign and associated landscaping.
Architecture
The applicant states several design concepts were considered for the tower element, including a rotunda style,
but contends that the 45-degree angled-tower design was chosen in order to fit the existing building, to provide
a tower fagade large enough to accommodate the proposed signage, and to also provide visibility to motorists
on Interstate 95. (Please see applicant’s attached “Project Narrative” for a detailed explanation.)
The applicant states the proposed 24-foot-tall tower feature has been designed to complement the architectural
style of the existing 28-foot-tall-building. Section 78-1 84 of the Land Development Regulations states that
building height limitations shall not apply to such architectural features not used for human occupancy.
Therefore, the actual building height will remain at 28 feet.
2
Date Prepared: May 12,2008
Meeting Date: November 6,2008
Resolution 95,2008
Date Prepared: May 12,2008
Meeting Date: November 6,2008
Resolution 95,2008
The tower will feature a standing-seam metal roof, deco outrigger brackets, stucco score lines, and 12-inch flat
stucco bands. The tower will be constructed of materials and colors similar to those found in the existing
building, which has dark and light taupe colors. The standing-seam metal roof will be a green color to match
the existing building awnings, which are a “Hemlock Green Tweed.”
Signage
Flatmall Sims
The existing principal tenant sign on the west building elevation is proposed to be relocated to the northwest
side of the new tower, and one additional principal tenant sign is proposed on the southwest side of the tower
in order to provide visibility to motorists traveling both north and south on Interstate 95. The additional sign
will require approval of a waiver because the number of signs exceeds the one principal tenant sign allowed by
City Code.
The two proposed signs will have 20-inch high letters, two lines of copy, and a sign area measuring 54 inches
high by 20 feet long, for a total area of 90 square feet for each sign. The font will be New Times Roman, and
the color will be bronze to match the existing signage.
The existing principal tenant sign on the east building elevation facing Riverside Drive will remain unchanged.
Monument Sims
The project was approved for a monument sign that was setback approximately 60 feet from the Riverside
Drive right-of-way. The previously approved monument sign was never constructed and the applicant has
requested to relocate the sign closer to the right-of-way. The proposed monument will cause the relocation of
one existing oak tree. The proposed location requires a waiver from the minimum 15-foot setback required by
Code (please see waiver section).
Landscaping
The original approved landscape plan provided 4,429 landscape points. Several palm trees and shrubs will be
relocated on-site, to the satisfaction of the City Forester, in order to accommodate the new tower element, but
no landscape points will be lost. Furthermore, the minimum required open space of 28% will remain
unchanged.
Parking
The previously approved site plan provided 87 parking spaces. The original parking requirements were based
on the site operating as an industrial use. The parking requirements for the industrial use were one (1) space
per 1,000 square feet, plus one (1) space per employee. The applicant has requested that the parking
requirements be modified to reflect the actual use that is currently operating in the building today. The
applicant states that Decorator’s Unlimited is functioning as a general wholesale use with ancillary office use.
The applicant has provided sufficient information to justify the change of use to staff. The parking
requirements for general wholesale uses are one (1) space per 2,000 square feet of wholesale plus one (1) space
per 250 square feet of an ancillary office. Thus, the proposed site plan provides 72 spaces and is consistent
with the City’s parking requirements. Because the architectural tower element is not designed for human
occupancy, no additional parking spaces will be required.
3
Date Prepared: May 12,2008
Meeting Date: November 6,2008
Resolution 95,2008
With this request, the applicant is requesting approval of minor site plan modifications to the parking area in
order to incorporate a truck maneuvering apron into the design of the parking lot, while maintaining the
minimum open space requirement.
Waivers
Number of
igns to be setback
feet from the
Proposed
- Relocate an
existing principal
tenant sign to the
northwest side of
tower.
- Display one
additional
principal tenant
wall sign on the
southwest side of
tower. - 11 feet
Waiver
To allow one
additional sign to
be displayed on
the southwest
side of tower.
4 feet
(1) Denial
(2) Approval
WAIVER CRITERIA:
Section 78-158 (i). Criteria. A request for the city council to approve a waiver from one or more of the
standards and requirements applicable to a planned development, PUD, or PCD shall comply with a majority
of the criteria listed below (staffs recommendations are in italics).
1. The request is consistent with the city's comprehensive plan.
The subject request does not interfere with any comprehensive plan policies.
2. The request is consistent with the purpose and intent of this section.
Staf believes the waiver request for the additional principal tenant sign located on the tower feature
is inconsistent with the purpose and intent of City Code Section 78-158(a). Section 78-158(a) states, ". . . to propose residential and non-residential projects that are innovative, creative, and utilize
planning, design and architectural concepts that will be a benefit to the City. " Stafstrongly believes
that the proposed tower feature is not an architectural benefit to the City andsewes no otherpurpose
4
Date Prepared: May 12,2008
Meeting Date: November 6,2008
Resolution 95,2008
other than to advertise the name of the business and is reminiscent of a two-sided billboard. As the
Council may recall, the City and Clear Channel Communications worked extremely hard to come to
an agreement to reduce the number of billboards within the City to improve the aesthetics of the I-95
corridor and reduce visual clutter.
3. The request is in support of and furthers the city’s goals, objectives, and policies to establish
development possessing architectural significance, pedestrian amenities and linkages, employment
opportunities, reductions in vehicle trips, and a sense of place.
Stafbelieves the waiver to incorporate signage on the proposed tower feature of the building would
result in visual clutter adjacent to the Interstate 95 roadway and detractfiom the architectural merits
of the tower. Furthermore, the applicant is onlyproposing a towerfeature on the rear of the structure
and does notpropose to enhance the faqade of thefiont of the building.
4. The request demonstrates that granting of the waiver will result in a development that exceeds one or
more of the minimum requirements for PUDs.
The Applicant is requesting approval of two waivers with this petition. The existing development had
several non-conformities as a result of minor modiJcations to the site and landscape plans over the
years that did not receive City approval. By way of this petition, the City and the applicant have
worked together to reduce the non-conformities on-site and improve the finction of the site plan for
truck trafic to move efectively around the building to the loading areas. However, it is stafs
professional opinion that the development as a whole does not exceed enough of the minimum
requirements to merit approval of additional waivers for the site.
5. The request for one or more waivers results from innovative design in which other minimum standards
are exceeded.
It is stafs professional opinion that the waiver requested for the proposed tower feature is not a
direct result of innovative design, but merely a request to add additional signage for the building. In
addition, the proposed tower feature is the only treatment the applicant proposes to the building.
6. The request demonstrates that granting of the waiver will result in preservation of valuable natural
resources, including environmentally-sensitive lands, drainage and recharge areas, and coastal areas.
The subject request will not result in the degradation of any environmentally-sensitive land, drainage
and recharge areas, and coastal areas.
7. The request clearly demonstrates public benefits to be derived, including but not limited to such
benefits as no-cost dedication of rights-of-way, extensions of pedestrian linkages outside of the project
boundaries, preservation of important natural resources, and use of desirable architectural, building,
and site design techniques.
It is stars professional opinion that the waiver request for additional signage on the proposed tower
feature does not clearly demonstrate a public benejit. Stafevaluates signage waivers based upon the
purpose and intent of signage, as defined in City Code Section 78-2 71. Section 78-2 71 states, “The
purpose of this division is to create a legalpamework for a comprehensive and balanced system of
signage to facilitate an easy andpleasant communication between people and their environment and
to avoid the visual clutter that is potentially harmfil ... ’’ The applicant has stated to stafthat the
proposed sign would serve as a means of way-jinding to motorists driving along I-95. Stafbelieves
that the requested waiver does not serve as a means of way-finding to vehicular trafic since there is
not direct access to the site via I-95. Furthermore, the proposed signage on the tower is visual clutter
and could set a precedent for similar signage requests in the City.
5
Date Prepared: May 12,2008
Meeting Date: November 6,2008
Resolution 95,2008
8. Sufficient screening and buffering, if required, are provided to screen adjacent uses from adverse
impacts caused by a waiver.
The applicant does not propose any reductions to the bufsers from the original site plan approval.
9. The request is not based solely or predominantly on economic reasons.
The applicant has not stated that the request is based solely or predominantly on economic reasons.
10. The request will be compatible with existing and potential land uses adjacent to the development site.
The applicant does not propose any changes to the land use or zoning which would result in
incompatibility to the surrounding areas.
1 1. The request demonstrates the development will be in harmony with the general purpose and intent of
this section, and that such waiver or waivers will not be injurious to the area involved or otherwise
detrimental to the public health, safety, and welfare.
It is stars professional opinion that the waiver request for signage on the proposed tower feature is
not an innovative architectural concept that will bene$t the City. Stafs believes that the proposed
waiver for the signage on the tower feature is not to enhance the building, but to serve as a means of
additional advertising for the business and is not consistent with the purpose and intent for waivers to
the planned unit developments or the City’s sign code.
(1) Applicant’s Justification - “At the time the site was originally developed and until around 2005, the
building was clearly visible from Interstate 95. This visibility was one of the primary factors for the
applicant’s decision to purchase the property and was a major determining factor in the valuation of
the parcel. The applicant has had a sign reading “Decorators Unlimited” facing the 1-95 right-of-way
for over 10 years. However, with the recent widening and reconstruction of 1-95, the site has lost all
visibility from the highway and now sits in a “hole” with respect to the height of the adjacent
roadway.”
“The loss of visibility from 1-95 significantly damages the value of the property and presents an undue
burden on the property owner whose business now has no identification along its primary frontage.
Accordingly, the property owner is compelled to make a substantial investment in the property to
construct improvements that will recapture the lost visibility along the Interstate.”
“The proposed additional sign allows for the tower feature to be lower in height and proportional to
the building. If the tower feature included only one sign at a 90-degree angle to the building, it would
need to be taller to capture the line of sight of vehicles traveling past the site in the southbound
direction at 55+ miles per hour. From a design standpoint, the angling of the tower and request for
one sign on each faqade facing 1-95 allows the tower to be lower and more proportionate to the
building.” (Please see applicant’s “Project Narrative” attached.)
Staff Analysis - Staff recommends denial of the previously-approved principal tenant sign on the west
elevation being relocated to the top of the new tower element. Furthermore, staff does not support a
second sign to be displayed on the tower. Because both of the proposed signs will be displayed on the
tower at 90-degree right angles, they will be visible at the same time, or from one vantage point, on
Interstate 95. This will give the appearance of a much larger 180-square-foot sign, which is double the
90 maximum square feet allowed by City Code.
The applicant has submitted photographs of other buildings along 1-95 that have signs on two or more
facades. Although the examples submitted are somewhat similar to those proposed with this
6
Date Prepared: May 12,2008
Meating Date: November 6,2008
Resolution 95,2008
application, none is actually located on a small tower feature. In staff‘s professional qinion, the display
of more than one sign for the same tenant on multiple elevations, which are visible at the same time, is
redundant and unnecessary, and is intended only to increase the impact of the message or name. This
constitutes a form of advertising instead of a means of wayfinding to the building. The fact that such
signs may have been approved in the past should not be considered a basis for additional approvals.
Staff does not support this waiver request.
(2) Amlicant’s Justification: “The approved location is infeasible based on a lack of visibility hm the
right-of-way to the sign due to (1) the sign location’s approximately 60-foot distance fiom the slreet aod,
(2) the existence of a substantial amount of mature vegetation along the Riverside Drive hntage of the
property. Further, the approved monument sign location conflicts with existing FPL Wties and an FPL
easement that services the property.”
Staff Analysis: Staff recommends approval of the requested waiver and believes the Applicant has
demonstrated adequate justification to support the waiver. Staffhas met with the Applicant on-site and
has determined that the proposed location of the monument sign is the minimum necessary to allow
adequate visibility to passer-bys for the sign.
PLANNING, ZONING AND APPEALS BOARD (PZAB)
On September 9,2008 the PZAB voted 7-0 in favor of recormnending approval of the subject @tion to City
council.
STAFF RECOMMENDATION
1) Staff reco-ds DENIAL of the request to display one additional wall sign on the tower and to
relocate the existing principal tenant sign to the tower because the signs would be visible at one time or
from a particular vantage point, thus giving the appearawe of a sign at least twice the minimum 90
square feet allowed by City Code.
(2) Staff recommends APPROVAL of the waiver to allow for the non-residential monument sign with the
conditions of approval contained within Resolution 95,2008.
7
THE DECORATORS UNLIMITED
ARCHITECTURAL TOWER FEATURE
PROTECT NARRATIVE
April 9, 2008
PROIECT SIZE & LOCATION
The subject site is comprised of approximately 3.01 acres and is located at 4700
Riverside Drive within the Northcorp Center Planned Community Development (PCD).
The property is situated on the west side of Riverside Drive with prime frontage along
the east side of Interstate 95.
BACKGROUND INFORMATION
The subject property is located within the Planned Community District (PCD) zoning
district and has a Future Land Use designation of Industrial (I). The site is currently
developed with a 55,000 square foot two-story warehouse/office building which is the
corporate headquarters of The Decorators Unlimited. The Decorators Unlimited, a
premier, high-end design firm specializing in the creation of award-winning, luxury
interiors, has occupied the site since development of the parcel in 1996.
At the time the site was originally developed and continuing until around 2005, the
building was clearly visible from Interstate 95. This visibility was one of the primary
factors for the applicant’s decision to purchase the property and was a major
determining factor in the valuation of the parcel. The applicant has had a sign reading
“Decorators Unlimited” facing the 1-95 right-of-way for over 10 years. However, with
the recent widening and reconstruction of 1-95, the site has lost all visibility from the
highway and now sits in a ”hole” with respect to the height of the adjacent roadway.
To determine the exact elevations of both the building and the 1-95 wall, the applicant
engaged the services of Lidberg Land Surveying to conduct a topographic survey of the
improvements. Accordingly, it was determined that the top of the building parapet is
at Elevation 44.17 NGVD (approximately 28 feet above the ground). The top of the 1-95
wall ranges from Elevation 44.41 NGVD (approximately 28.5 feet above ground level) at
the south side of the site to Elevation 40.64 NGVD (approximately 25 feet above the
ground) at the north property line. At best, the top of the parapet wall is only three (3)
feet higher than the top of the 1-95 wall nearest the north proNm live. &€owever, due
<
I
The Decorators Unlimited
Project Narrative
April 9,2008
Page 2
to the height of the wall above the highway surface, the visible sightline of the building
from passersby is completely eliminated.
The loss of visibility from 1-95 significantly damages the value of the property and
presents an undue burden on the property owner whose business now has no
identification along its primary frontage. Accordingly, the property owner is compelled
to make a substantial investment in the property to construct improvements that will
recapture the lost visibility along the interstate.
PROPOSED IMPROVEMENTS
This petition is for approval of an amendment to the building plans to include an
architectural tower feature on the west elevation that will enhance the aesthetic
qualities of the structure while providing visibility from Interstate 95.
The proposed tower feature has been designed to be complementary to the architectural
style of the building. The tower will be constructed using materials similar to those
already found in the building architecture and is color coordinated with the existing
building. The walls of the tower will incorporate the tan and taupe colors of the
building, and the standing seam metal roof feature will be green in color to match the
existing building awnings.
As mentioned above, the key to recapturing visibility from 1-95 is to look at the line of
sight from the highway surface on the approach to the building from both directions, as
well as directly adjacent to the building in both directions of travel. Preliminary
concepts for the subject building improvements contemplated a tower that contained
the signage that was parallel to the roadway. However, due to the height of the wall
between the northbound and southbound lanes of travel directly adjacent to the
building, the aforementioned concept produced a tower that was excessively high and
would be disproportionate to the two-story building. Therefore, in order to allow a
reduction in the height of the tower from the original design, the architect has designed
the tower feature so that the second tier of the structure is turned at a 45-degree angle
to the highway. Signage, bronze in color to
southbound traffic can be reestablished without the need for additional height. In fact,
the applicant is confident that this design will be safer than building the tower at a 90-
The Decorators Unlimited
Project Narrative
April 9,2008
Page 3
degree angle since drivers will not be forced to turn their heads sideways to see the sign
while passing at 55-1- miles per hour.
Such signage is consistent with other projects previously approved within the City
along the Interstate 95 corridor including the G4S / Wackenhut Corporation, Doubletree
Hotel and Embassy Suites. Each of these buildings, all of which are in the general
vicinity of the subject property, has signage on dual frontages angled toward the
interstate as exemplified in the following photographs:
t
G4S Wackenhut, 4200 Wackenhut Drive
View porn Interstate 95
1 The Decorators Unlimited
Project Narrative
April 9,2008
Page 4
DoubleTree Hotel, 4431 PGA Boulevard
View from PGA Boulevard
Although not visible in this photograph, the Doubletree Hotel has signage on all four
sides of the tower, three of which are visible from Interstate 95.
The Decorators Unlimited
Project Narrative
April 9,2008
Page 5
Embassy Suites, 4350 PGA Boulevard
View from Interstate 95
REOUESTED WAIVERS
Identification of Requested Waivers
The following is a list of waivers that are requested for the project with a justification
for each requested waiver following in italics typeface:
1. The applicant is requesting a waiver from LDR Section 78-285 Table 24
Permanent Signs to allow one (1) additional principal tenant identification sign.
The project currently has one (1) principal tenant identzjication sign along the Riverside
Drive frontage and one (1) principal tenant identzjication sign along the 1-95 frontage. The
~-~ --__
The Decorators Unlimited
Project Narrative
April 9,2008
Page 6
principal tenant identifcation sign along the I-95frontage will be moved to the new tower
feature facing southbound trafic. The applicant is requesting approval of one (1) additional
principal tenant identification sign along the I-95frontage that will be placed on the new
tower feature facing northbound trafic. The proposed additional sign allows for the tower
feature to be lower in height and proportional to the building. If the tower feature included
only one sign at a 90-akgree angle to the building, it would need to be taller to capture the
line of sight of vehicles traveling past the site in the southbound direction at 55+ miles per
hour. From a design standpoint, the angling of the tower and request for one (1) sign on
each fqade facing 1-95 allows the tower to be lower and more proportionate to the building.
From a safety perspective, the angling of the tower and request for one (1) sign on each facade
facing 1-95 increases visibility of the project porn a distance so that drivers will not be
distracted while passing by the site at 55+ miles per hour.
The applicant respectfully requests a waiverfiom Sec. 78-285 Table 24: Permanent Signs to
allow fir an additional principal tenant identification sign on the west elevation (tower
feature) of the building to improve building aesthetics and increase visibility for safety
purposes.
CLOSING
The applicant has been unduly burdened with the recent construction of the Interstate
95 wall in the fact that it has lost all visibility to its signage and visibility along the
interstate. Visibility and signage were the primary reasons for purchasing and
developing the property and locating the applicant’s business to this location. The
applicant is willing to expend considerable resources in order to upgrade the aesthetics
of the building while bringing back the visibility that it expected to keep in perpetuity
during the initial development of the property. Accordingly, the applicant respectfully
requests approval of the subject petition.
Date Prepared: September 29,2008
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RESOLUTION 95,2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, AMENDING THE SITE AND SIGN
PLAN APPROVED FOR LOT 2 OF SOUTH PARK CENTER (A.K.A.
DECORATOR'S UNLIMITED); PROVIDING WAIVERS; PROVIDING
CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, on January 18, 1990, the City Council adopted Ordinance 1, 1990,
thereby approving the NorthCorp Center Planned Community Development (PCD); and
WHEREAS, on March 21, 1996, the City Council adopted Resolution 48, 1996,
thereby approving the construction of a one-story, 47,000-square-foot building located
on Lot 2 of South Park Center Plat; and
WHEREAS, on April 18, 1996, the City Council adopted Resolution 68, 1996,
thereby amending the site plan for Lot 2 of South Park Center Plat to allow for the
construction of a one-story, 45,309-square-foot building; and
WHEREAS, on February 6, 1997, the City Council adopted Resolution 2, 1997,
thereby amending the master site plan and sign plan for Lot 2 of South Park Center to
allow for modifications to the ground signs, wall signs, and the addition of two directional
signs; and
WHEREAS, the City has received a request (MISC-08-04-000042) from Mr.
Ryan Johnston, on behalf of South Park Center LTD for approval of an amendment to
Lot 2 of South Park Center (a.k.a. Decorator's Unlimited) within NorthCorp Center PCD
to allow for the addition of an ornamental tower element on the west elevation with two
wall signs and minor modifications to the site and landscape plans; and
WHEREAS, the subject site is zoned Planned Community Development (PCD)
with a Research & Light Industrial Park (Ml) underlying zoning designation. The future
land-use designation of the site is Industrial (I); and
WHEREAS, the Growth Management Department has reviewed the application
and has determined that it is sufficient; and
WHEREAS, the Planning, Zoning, and Appeals Board reviewed the petition at its
September 9,2008, meeting 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
Date Prepared: September 29,2008
Resolution 95,2008
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WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interests 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 miscellaneous application submitted by Ryan Johnston, on
behalf of South Park Center 11, LTD is hereby APPROVED on the following described
real property to allow the addition of an ornamental tower element on the west elevation
with two signs and minor modifications to the site and landscape plans with three
conditions of approval provided herein:
LEGAL DESCRIPTION:
LOT 2 OF SOUTH PARK CENTER, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 67, PAGE 87, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
SECTION 3. This approval is subject to the following conditions, which shall be
binding on the Applicant, its successors, or assigns:
1. The Oak tree indicated on the plan as being relocated to make room for the
monument sign shall not be moved unless a permit is obtained for the
ground sign. (Planning & Zoning)
2. Within 90 days from the date of approval, the Applicant shall complete the
changes as indicated on the site plan to restore the open space. (Planning
& Zoning)
3. Upon completion of the installation of the monument sign, no removal of
existing landscaping near the sign shall be permitted. (City Forester)
SECTION 4. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following two (2) waivers:
1. Section 78-285, Permitted signs, to allow one additional principal tenant
sign to be displayed on the southwest side of the tower.
2. Section 78-285, Permanent signs, to allow an 1 l-foot setback from the right-
of-way for the monument sign.
SECTION 5. This Amendment to Lot 2 of South Park Center (a.k.a. Decorator's
Unlimited) within the NorthCorp Center PCD to allow for the addition of an ornamental
2
Date Prepared: September 29,2008
Resolution 95,2008
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tower element on the west elevation, including two wall signs on the tower element and
minor modifications to the site and landscape plans is hereby approved subject to strict
compliance with the Exhibits attached hereto and made a part hereof as follows:
1. Decorator’s Unlimited Proposed Tower Feature, Sheets A-1 through A-4, by
Architectural Design Group, dated May 1, 2008, and received by the City
September 2,2008.
2. Decorator’s Unlimited Site and Landscape Plans, Sheets 1 through 3, by
Cotleur & Hearing, revised July 21, 2008.
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. Any and all future amendments to the Decorators Unlimited Site
Plan shall be approved by resolution of the City Council, except as otherwise provided
in the City of Palm Beach Gardens Code of Ordinances.
SECTION 8. This approval shall be subject to and consistent with all previous
approvals, if any, except as modified herein.
SECTION 9. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
3
Date Prepared: September 29, 2008
Resolution 95, 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:
R. Max Lohman, Interim City Attorney
VOTE:
MAYOR JABLIN
VICE MAYOR LEVY
COUNCILMEMBER RUSSO
COUNCILMEMBER BARNETT
COUNCILMEMBER PREMUROSO
AYE NAY ABSENT
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RESOLUTION 2,1997
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, APPROVING AN
AMENDMENT TO THE SITE AND SIGN PLAN APPROVED
FOR SOUTH PARK CENTER, LOT 2; PROVIDING FOR
CONDITIONS OF APPROVAL; AND, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City has received an application to amend the Site and Sign Plan,
approved by Resolution 148,1996, and subsequently amended by Resolution 68,1996, for South
Park Center, Lot 2 within the NorthCorp Planned Community District; and
WHEREAS, the City‘s Planning and Zoning Department has determined that said
amendment 1s consistent with the City’s Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, approves an
amendment to the site plan for South Park Center, Lot 2, located within the NorthCorp Planned
Community District, to include changes to the ground signs, wall signs, and the addition of two
directional signs.
SECTION 2, Said amendment shall be consistent with plans filed with the City’s
Planning and Zoning Department as follows:
1. -. 3
3.
February 3. 1997, Directional Sign Elevations. Sign Craft.
February 3, 1997, West Elevation Flawall Sign, Sign Craft.
February 3. 1997, Monument Ground Sign Elevation. Sign Craft.
SECTION 3 Said amendment shall comply with the following condition:
1. The proposed sign color shall be “Matthews Dark Bronze 4 1-3 13.”
SECTION 4. This Resolution shall be effective upon adoption.
d 4 INTRODUCED, PASSED AND ADOPTED THIS 6 DAY OF-$&&$!k97.
/: .‘
*, /
a,
I
ATTEST:
LINDA V KOSIER, CMC, CITY CLERK
APP6OVED AS TO LEGAL FORM
AND SUFFICIENCY
AYE NAY ABSENT - VOTE:
MAYOR RUSSO
VICE MAYOR FVRTADO
COUNCILWOMAN MONROE
COUNCILMAN JABLIN
COUNCILMAN CLARK
LI- ---
I
/
J
--- -- ---
1- ---
Resolution 2,1997
Page
April 11, 1996
RESOLUTION 68,1996
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, AMENDING THE
APPROVED SITE PLAN FOR LOT 2 OF SOUTH PARK CENTER
PLAT WK" THE NORTHCORP CENTER PCD
WHEREAS, the City has received an application to amend the Site Plan approved by
Resolution 48, 1996 for a one-story, 47,000 square foot building located on Lot 2, consisting of
3 009 acres and 0.1506 acres of Lot 3, of South Park Center Plat within the NorthCorp Planned
Community District; and
WHEREAS, the amendment is consistent with the City's Comprehensive Plan; and
WHEREAS, the revised Site Plan is consistent with the City's Land Development
ReguIat ions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA
SECTION 1. Tke City Council of the City of Palm Beach Gardens, Florida, approves a Site
Plan for construction of a one-story, 45,309 square-foot building located on Lot 2 of South Park
Center Plat within the NorthCorp Planned Community District
SECTION 2. Said construction shall be consistent with plans on file with the City's Planning
and Zoning Department as follows.
1.
2
3
4
5.
6
7.
8.
April 11, 1996 Site Plan by Lidberg Land Surveying, Inc. 1 Sheet
April 11, 1996 Planting Plan LA-1 by Junson, Inc 1 Sheet
April 11, 1996, Landscape Legend LA-2 by Junson, Inc. 1 Sheet
April 9, 1996 Exterior Elevations 1 by Architectural Design Associates 1 Sheet.
November 29, 1995 Roof Plan 4 by Architectural Design Associates. 1 Sheet
September 18, 1995 Electrical Site Plan E- 1 by Electrical Design and Engineering,
Inc. 1 Sheet.
September 25, 1995 Site Plan A, B and C by Sign Craft 3 Sheets
August 14, 1995 Replat by Lidberg Land Surveying, Inc 1 Sheet
SECTION 3. The Site Plan herein granted shall comply with the following conditions:
1.
2
3
4.
5.
6
7
8
9
10.
The construction of Riverside Drive (a k a. West Park Drive) as a two-lane section as
well as single northbound, southbound, eastbound and westbound left-turn lanes at the
intersection of Burns Road and Riverside Drive shall be completed and opened to the
public prior to the issuance of any certificates of occupancy.
The construction of the extension of NorthCorp Parkway in a two-lane section easterly
to its proposed terminus at East Park Drive shall be completed and opened to the public
prior to the issuance of any certificates of occupancy
Existing FP&L easements shall be abandoned and replaced with a 10-foot Utility
Easement adjacent to the property line and on the property, not to be encumbered with
landscaping, prior to the issuance of any building permits on Lot 2
The lighting of the parking lot pavement shall provide a minimum maintained horizontal
foot candles of 0 6 and an average overall of 1.0 in the general parking and pedestrian
areas, certif ed to by the engineer-of-record as bemg provided by the lighting plan, prior
to the issuance of any building permits
Prior to the issuance of the certificate of occupancy, the developer shall coordinate with
the Police Department on the acceptability of the placement of landscaping in proximity
to the lighting.
The Construction Plans for Lot 2 shalt provide one-Mf inch of on-site dry pretreatment
prior to discharge into the master surface water management system by the use of an
underground dtration trench system
The tratlic impact fees generated by the development of Lot 2 shall be designated by the
Building Official to be placed in Palm Beach County's account for the widening of
Burns Road.
All roof-mounted equipment shall be screened line of sight, fiom the ground using
materials compatible with the buitdmgs Items on the roof shall not exceed 5'-6" in
height fiom the roof line Ground equipment shall be screened with like landscaping
required around the dumpster enclosure as depicted on the petitioner's site plan
Ofice space use shall be limited to 25 percent of the 45,309 square-foot industrial
building. With any major change of occupancy, the property owner shall provide
evidence that this item is in compliance for the entire building prior to issuance of a
Certificate of Occupancy.
A drainage easement, to dedicate and establish maintenance responsibility for the
existing stom drainage outfall pipe south of the north property line, shall be prepared,
reviewed by the City Engineer, and recorded prior to the issuance of the first building
permit for the project
In addition, Assistant City Engineer Lynnette Lanning recommends the following conditions
11. The inlet ai the north entrance of the project on West Park Drive shall be detailed on
construction plans.
12 The loading area on the south side of the building is to be used only by small delivery
trucks less than 25' in length.
13 The construction plans will need to show Type "D" curb as "typical" around larkape
areas per LDR 153.17(c).
14. The construction plans shall indicate correct dimensions, alignment and striping of the
adjacent roadway, West Park Drive
15. The constniction pIans shall indicate 5' interior sidewalks.
16. The constniction plans shall address water quality for the stormwater that will collect
in the truckwells
17 Final construction plans shall show the limits of the swale area. The swale area cannot
conflict with the landscape plans.
18 Strike preserve area
SECTION 4. This Resolution shall be effective upon adoption
INTRODUCED, PASSED AND ADOPTED THIS &%IF
ATTEST: 1'
LINDA V. KOSER, CMC, CITY CLERK APPROVED AS TO FORM AND LEGAL,
SUFFICIENCY
VOTE AYE! NAY ABSENT
c/
L
MAYOR RUSSO ---
VICE MAYOR FURTADO --- COUNCILWOMAN MOMROE J
J COUNCILMAN JABLIN _I__-- J COUNCILMAN CLARK ---
RESOLUTION 48,1996
A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, APPROVING A SITE
BUILDING LOCATED ON LOT 2 OF SOUTH PARK CENTER
PLAT WIT” THE NORTHCORP CENTER PCD.
PLAN FOR THE CONSTRUCTION OF A ONE-STORY,
WHEREAS, the City has received an application for approval of a Site Plan for a one-
story, 47,000 square foot building located on Lot 2 of South Park Center Plat withim the
NorthCorp Planned Community District; and
WHEREAS, the City’s Planning and Zoning Department has determined that said
approval is consistent with the City’s Comprehensive Plan; and
WHEREAS, the City’s Planning and Zoning Department has further determined that said
Site Plan is consistent with the City’s Land Development Regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, approves a
Site Plan for construction of a one-story, 47,000 square foot building located on Lot 2 of South
Park Center Plat within the NorthCorp Planned Community District.
SECTION 2. Said construction shall be consistent with plans on file with the City’s
1. March 13, 1996 Site Plan by Lidberg Land Surveying, Inc. 1 Sheet.
2. February 12,1996 Planting Plan LA-1 by Junson, hc. 1 Sheet.
3. February 12,1996, Landscape Legend LA-2 by Junson, Inc. 1 Sheet.
4. March 15,1996 Exterior Elevations 1 by Architectural Design Associates.
5. November 29,1995 Roof Plan 4 by Architectural Design Associates. 1 Sheet.
6. September 18, 1995 Electrical Site Plan E-1 by Electrical Design and Engineering,
7. September 25,1995 Site Plan A, B and C by Sign Craft. 3 Sheets.
8. February 16,1996 Replat by Lidberg Land Surveying, hc. 1 Sheet.
Planning and Zoning Department as follows:
1 Sheet.
Inc. 1 Sheet.
SECTION 3. The Site Plan herein granted shall comply with the following conditions:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
The construction of Riverside Drive (a.k.a. West Park Drive) as a two-lane section
as well as single northbound, southbound, eastbound and westbound left-turn
lanes at the intersection of Burns Road and Riverside Drive shall be completed
and opened to the public prior to the issuance of any certificates of occupancy.
The construction of the extension of NorthCorp Parkway in a two-lane section
easterly to its proposed terminus at East Park Drive shall be completed and
opened to the public prior to the issuance of any certificates of occupancy.
Existing FP&L easements shall be abandoned and replaced with a 1 0-foot Utility
Easement adjacent to the property line and on the property, not to be encumbered
with landscaping, prior to the issuance of any building permits on Lot 2.
The lighting of the parking lot pavement shall provide a minimum maintained
horizontal foot candles of 0.6 and an average overall of 1.0 in the general parking
and pedestrian areas, certified to by the engineer-of-record as being provided by
the lighting plan, prior to the issuance of any building permits.
Prior to the issuance of the certificate of occupancy, the developer shall coordinate
with the Police Department on the acceptability of the placement of landscaping
in proximity to the lighting,
The Construction Plans for Lot 2 shall provide one-half inch of on-site dry
pretreatment prior to discharge into the master surf'ace water management system
by the use of an underground exfltration trench system.
The trac impact fees generated by the development of Lot 2 shall be designated
by the Building Official to be placed in Palm Beach County's account for the
widening of Burns Road.
All roof-mounted equipment shall be screened Iine of sight, from the ground using
materials compatible with the buildings. Items on the roof shall not exceed 5'-6"
in height from the roof line. Ground equipment shall be screened with like
landscaping required around the dumpster enclosure as depicted on the
petitioner's site plan.
Office space use shall be limited to1 1 8 750 square feet of the total building. With
any major change of occupancy, the property owner shall provide evidence that
this item is in compliance for the mtire building prior to issuance of a Certificate
of occupancy.
A drainage easement, to dedicate and establish maintenance responsibility for the
11.
12.
13.
existing storm drainage outfall pipe south of the north property line, shall be
prepared, reviewed by the City Engineer, and recorded prior to the issuance of the
first building permit for the project.
A replat of Lots 2 and 3, showing 14.5 feet of Lot 3 added to Lot 2, shall be
approved by Counciland recorded piror to the issuance of any building permits for
Lot 2.
The petitioner shall save the native vegetation along the southern buffer. Prior to
the issuance of the clearing permit, the petitioner shall meet with the City Forester
to designate the protected areas and tag the trees to be relocated per City code.
Prior to the issuance of the building permit, the landscaping plans shall be
modified to reflect the minor change to the west building foundation plantings due
to two proposed sidewalks reflected on the site plan. No net loss of plant material
shall occur.
SECTION 4. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS $/
L ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK APPROVED AS TO FORM AND LEGAL
SUFFICIENCY.
VOTE: AYE NAY ABSENT
r/ MAYOR RUSSO ---
VICE MAYOR FURTADO r/--
COUNCILWOMAN MONROE I/
r/ COUNCILMAN JABLIN --
r/ COUNCILMAN CLARK ---
J L
January 18, 1990
ORDINANCE 1, 1990
AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS,
RESEARCH AND LIGHT INDUSTRIAL TO PCD AND PUD ZONING
COMPRISING THE PLATS OF NORTHCORP CENTER, RCA
BOULEVARD CENTER, WEST PARK CENTER AND SOUTH PARK
CENTER (THE ENTIRE LANDS COMPRISING THE FORMER
RCA SITE) ; AND, PROVIDING THAT SUBSEQUENT APPROVALS
SHALL BE BY RESOLUTION WITHOUT NEWSPAPER PUBLICATION
OF NOTICE BEING REQUIRED; AND, PROVIDING FOR THE
REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE
DATE HEREOF.
FLORIDA, AMENDING THE CURRENT ZONING FROM M-I,
WITH UNDERLYING ZONING OF M-1, ON ALL LANDS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS , FLORIDA:
Section 1. The Zoning upon the lands known as "The Former
RCA Site" located within the City of Palm Beach Gardens, Florida, and
more particularly descrlbed fn Exhibit "A" attached hereto and made a
part hereof Is hereby amended from M-1, Research and Light Industrial
Park District, to PCD. The underlying zoning shall be and the same Is
hereby designated as that set forth in the M-I, Research and Light
Industrial Park District, City of Palm Beach Gardens Zoning Code.
Sectlon 2. Attached hereto as Composite Exhibit ItBw and
made a part hereof are plats prepared by Hutcheon Engineers as
follows: Plat of NorthCorp Center, Plat of RCA Boulevard Center: Plat
of West Park Center and Plat of South Park Center.
The PCD consisting of the aforesaid described plats (Former
RCA Site) heretofore approved by the City, shall be developed in
accordance with the satd plats, the Development Orders and Conditions
of approval entered and approved by the City on January 18, 1990.
Further, each lot within the foregolng plats is hereby designated as a
Planned Unit Development and the lndlviduals Planned Unit Developments
are hereby created.
Section 3. Impact fees shall be patd by the developers of
the individual Planned Unit Developments as set forth in any appli-'
cable ordinance, law rule or regulation of any governmental body wlth
jurisdiction over the property development.
Section 4. Development of the individual Planned Unit
Devlopments within the Planned Cmunlty District shall proceed in
accordance with the said Development Orders and Conditions of Approval
of January 18, 1990 attached to the Plat of West Park Center and the
Plat of South Park Center; and the general conditions as hereinafter
setforth:
1. Maximum floor area ratio (FAR) on the overall PCD project
shall not exceed 38%.
2. Minimum front yard setback for all buildings shall be:
A. 25' for a one (1) or two (2) story, or 25' hfgh struc-
ture.
B. An additional one (1) foot setback for each three (3)
additional feet of building height above 25'.
3. Height restrictions:
Lots 4 & 13
Lots 1 & 2
Northcorp Center S te & Lots
5, 6, 7, 8, 9, 10, 11 (South Park Center)
Lot 1 (West Park Center) &
Lots 1, 2, 3 (South Park Center
Lot 12 (South Park Center)
(South Park Center)
(RCA Blvd. Center)
4. Minimum Open Space* requirements: - Stories Open Space
6 stories
8 stories
10 stories
12 stories
no development
permi tted
unless site is
compatable to
use of parcels
8,9, and 10, as
approved by the
City Councfl.
1-4
5
6
7
8
9
10
11
12
28.0%
28.5%
29.0%
29.5%
30.0%
31.25%
32 . 50%
33.75%
35.0%
*Open Space is defined as living plant material, water, and
landscaped plazas, as determined by the City Council.
5. -A. Antennas and microwave dishes shall be subjected to specific
PUD review for screening.
B. All roof-mounted equipment shall be totally screened.
6. The uses as outlined in Condition 21 shall be limited to 5% of the total approved square footage for the PCD and at any time
during the development, no more than 10% shall be allowed.
7. No retail or cmercial on the first 250' north of Burns Road.
-2-
8. A 30-foot wide landscape buffer along Burns Road with a berm
average three feet in height and planting.
9, Lot coverage (structures) shall not exceed 40% of the slte area
for a two (2) story building and shall be decreased by 2.5%
for each additional floor of height above two stories (Example:
10 stories; 50 - 8 (2.5) = 20%).
10. A 7' pathway (east/west) along Burns Road, from 1-95 to
Alternate A-1-A, shall be constructed or bonded by the property
owner prior to final plat approval.
11. Traffic impact fees must be paid in accordance with the Palm
12. City Council, In conjunction with the Developer(s), shall
Beach County Traffic Impact Ordinance.
determine comnunity facilities impact fees and the timing of
payment for:
A. Recreation
6. Police
C. Fire
Property owner prior to the flrst building permit being issued
within the PCD, shall pay $75,000 for comnunity impact, which amount
shall be credited against any future police and fire impact fees
assessed against any development within the PCD,
13. The Property Owner or successors must comply with the DER
consent order,
14. Building floors will be protected from the 100 year - 3 day,
zero discharge storm event. Roadways will be protected from
the 10 year - 1 day storm event. Parking lots will be pro-
tected from the 3 year - 1 day storm event.
15. Prior to the final surface water management calculations,
applicant will provide the size and location of the culverts
along Burns Road and 1-95, and provide for any off-site
drai nage .
16. The stormwater run-off from RCA Boulevard will need to be
directed into the on-slte stormwater management system in
the final design.
17. The Off-site drainage ditches that serve the project will need
to be cleaned of debris, vegetation, and backfill prior to
issuance of the first building permit, on any parcel except
the Northcorp Center site.
18. The existing corrugated aluminum weir (riser) will need to be replaced prior to issuance of the first building permit, on
any parcel except the Northcorp Center site.
retention area on the west side of the project if required
19. The littoral planting shall be installed along the water
by S.F.WoM.D.
20. The Property Owner will continue a uniform streetscape con-
tinuity along all R.O.W. A streetscapelbuffer plan for this
PCD shall be presented to the City Council for approval by subsequent resolution prior to the issuance of approval of the
first PUD.
-3-
21. The following are uses allowed with the submission of each PUD, in addition to industrial and office and other M-1 uses:
(Please see Condi tion 6 for clari ty)
1. Retail:
Wear1 ng Apparel
Toys
Sundries
Jewel ry
Came r a / P h o to s
F1 ori st
Gift Shop
Delicatessen
Bakery
Off i ce Equ 1 pmen t
Food and Drug Sales (each food or drug store shall be limited to a maximum of 5,000 sq. ft.)
2. Service Establishments:
Ba rbe r / Beauty Shop
Shoe Repair
Laundry/Dry C1 eaner
Print Shop
Travel AGency
Employment Office
Restaurant
Health Club
30 Hotel/Motel - One allowed in the project, limited to a
a maximum of 120 guest rooms or suites or combination of
rooms and suites.
4. Art Gallary, Museum, Dance, Art or MUSIC Studio.
5. Retail sale of beer and wlne if in conjunction with
restaurant or convenience store.
60 Day Care Center.
7. Bar/Liquor Store, when approved by Resolution of the
City Council.
8. Laundromat
9. Car Wash
10. Fraternal Organization
11. Comnerctal Recreation including ancillary driving ranges.
22, Kahart Pinder's conditions from his letter dated 1-8-90, and
recomnendation 1-18-90, as follows:
I. Plats of West Park Center and Plats of South Park Center
1. The maximum trip generation for new construction
approved in the Plat of West Park Center together with
the development approved in the Plat of RCA Boulevard
Center and in the Plat of South Park Center, shall not
exceed six thousand sixty-three (6,063) daily trips,
or nine hundred sixty-two (962) PM peak hour trips
("Maximum Daily Trips" and Waximum PM Peak Hour Trips",
respectlvely).
2. Any applicant appearing before the Planning and Zoning
Commission and the City Council shall provide a
calculation of the daily and peak hour trips associated
with the proposed project. A calculation of the daily
and PM peak hour trips shall be undertaken utilizing the
Institute of Transportation Englneers' (ITE) "Trip
Generation", Fourth Edition.
-4-
11. Plat of West Park Center
Prior to the issuance of any building permit for any
building for any land use in Lot 1, Plat of West Park
Center, the construction contract shall have been let for
the following road improvement and open to the public
prlor to the issuance of any certificates of occupancy on
said Lot 1:
(a) Addition of one (1) eastbound, left-turn lane to provide dual left-turn lanes at the intersection of
RCA Boulevard and Alternate A-1-A.
111. Plat of South Park Center
Prior to the issuance of buildlng permits and/or cer-
tificates of occupancy for any building on certain lots
within the Plat of South Park Center as more fully detailed
below, certain road Improvements shall be under contract
and/or complete and open to the public as follows:
(a) Prior to the issuance of any building permits for any land uses on Lots 1, 2, 3, 4, 5, 6 or 7, the Contract
let for construction of West Park Drive as a two lane
as well as single northbound, southbound, eastbound
and westbound left-turn lanes at the intersectlon of
Burns Road with Riverside Drive/West Park Drive.
(b) Prior to the issuance of any building permits for any land uses on Lots 7, 8, or 9, the Contract let for
construction of the extension of NorthCorp Parkway
in a two lane section easterly to its proposed
terminus at East Park Drive. These improvements shall
be complete and open to the public prior to the
issuance of any certificates of occupancy for land
uses on the foregoing Lots 7, 8, and 9.
(c) Prior to the issuance of any building permits for any land uses on Lots 4, 5, 8, 9, 10, 11, 12, or 13, the
Contract let for construction of East Park Drive in
a two lane section including one additional westbound
right-turn lane as well as single eastbound and
southbound left-turn lanes at the intersection of
Burns Road and East Park Drive. These improvements
shall be complete and open to the public prior to
Issuance of any certificates of occupancy for land
uses on the foregoing Lots 4, 5, 8, 9, 10, 11, 12, or
13.
(d) Prior to the issuance of any building permits or
series of building permits for any land uses
generating more than three thousand, five hundred
sixty-nine (3,569) daily trips or five hundred
slxty-six (566) PM peak hour trips for any uses on
the presently undeveloped lots in the Plat of RCA
Boulevard Center, the Plat of West Park Center and the Plat of South Park Center: Contract let for
construction of one eastbound right-turn lane at
the intersection of Burns Road and Alternate A-1-A,
together with an extension of the storage lane for
the single left-turn lane, and one westbound right-
turn lane at the Intersection of Burns Road and
Mi 1 i tary Trai 1 . These improvements shall be complete and open to the public prior to issuance of any
certificates of occupancy for any land uses
generating more than three thousand five hundred
sixty-nlne (3,569) daily trips or five hundred sixty-
six (566) PM peak hour trips from the undeveloped
lots in the above referenced plats.
-5-
(e) Prior to the issuance of any building permits for any
undeveloped lots in the Plat of South Park Center, the
contract shall be let for installation of a traffic
signal at the Burns Road and Riverside Drive/West Park Drive intersection including all appropriate
pavement markings, signing, lighting and the like as
approved by Palm Beach County, if warranted.
IV. All parcels within the Plat of South Park Center, shall
provide a signal warrant study to determine if signaliza-
tion is required at the intersection of Burns Road with
Riverside Drive/West Park Drive. The signal warrant study
shall be based on a time frame coincident with the build- out of all development with the Plat of South Park Center,
the Plat of West Park Center and the Plat of RCA Boulevard
Center and shall include the total traffic generated by all
previously approved projects in the Plat of RCA Boulevard
Center, the Plat of West Park Center and the Plat of South
Park Center as well as traffic generated by those approved
projects included in the traffic study for these plats.
Only the construction of the eastbound right-turn lanes at
the Burns Road/Al ternate A-1-A intersection and the west-
bound right-turn lane at the Burns Road/Military Trail
intersection shall be considered off-site improvements.
All other improvements are site related.
Additional Right of Way Dedication
In addition to the right-of-way dedicated on the PLAT of SOUTH
PARK CENTER, the Developer, prior to plat recordation, shall
dedicate such additional right-of-way as may be required for the
reconstruction of the intersection of Burns Road with Alternate
A-1-A generally described as a maximum of an additjonal 35 feet
beginning at the intersection for a distance of 400 feet west
of the intersection with a taper to 0 feet at a point approxima-
tely 830 feet west of the intersection. Provided, however, once
plans are approved for the intersection, should any right-
of-way which is conveyed not be required for construction of the
intersection, any excess land shall be imnediately reconveyed
to the property owner or his successors and assigns.
23. Prior to the submittal of each PUD application the Petitioner
or agent will meet on site with the City Forester to review the
site conditions which the City forester wishes to be addressed
in the site plan.
24, Site Plan Review/PUD - No land clearing or tree removal be
allowed without written approval of the City Forester. In addition, pursuant to the PCD Plan, the owners of the properties
may designate and develop areas not subject to PUD review and
approval, only upon field inspection and written approval of the
City Forester. As part of the application for each PUD approval, the following shall be submitted:
(a) Tree survey and tree analysis prepared by a registered landscape architect or similarly qualified professional,
which for trees with a caliber of three inches or more
describes type of tree, location, caliber, and whether it wi 11 be removed, replaced, or re1 ocated.
(b) All existing Oak trees with a caliber of eight inches or greater will be preserved and protected during constructton.
-6-
25. The Property Owner agrees and is obligated to include or cause to be included the property ("Property") in any unit of develop-
ment, special district, comnunity development district or local unit of special purpose government created by a duly constituted
governmental entity (5peclal District") for the purpose of
planni ng , es tab1 5 shi ng , acqui ring, constructing , recons tructi ng ,
enlarging, extending, equlpping, operating, or maintaining water
management or roads and associated facilities, benefiting the
Property and all or part of the City of Palm Beach Gardens,
Florida; provided, however, that all assessments for such
facilities shall be imposed on a uniform basis applied pro-rata
to all property benefited by the Special District (lee., acre by
acre or residence by residence) and shall be determined in
accordance with the applicable laws, ordinances, rules and regu-
lations of the State of Florida, County of Palm Beach and the
City of Palm Beach Gardens. Provided further, that upon
creation of any Special Distrlct it must be demonstrated by
the Special Distrlct that direct benefit is accrued to the
Property and the direct benefit to the Property as determined
by the Circuit Court of Palm Beach County, Florida, and any
costs incurred by the Property by reason of other sections of
this requirements shall be credited to the Property by such
Special District. The owners of the Property shall be given not
less than 120 days prior written notice before formation of any
Special Distrlct and shall be entitled to participate in all
proceedings relating to the Special District including the right
to appeal any determination of benefit to the Property.
26, Prior to recording a Final Plat, 50% of the Cost of construction
of an at grade pedestrian crossing and signalization at the
Comnunity Center on Burns Road, must be paid to the City.
27, A Helipad shall be a permitted use in this PCD.
Section 5. Review of subsequent developments on the individual
PUDs shall be by the City's Planning and Zoning Comnission and by the
City Council, and approval shall be by Resolution. A Public Hearing and
publication of notice in a newspaper of general circulation for the
meetings on subsequent Resolutions shall not be required.
Section 6. If any part or portion of this Ordinance shall be
found t6 be invalid by a Court of competent jurisdiction, the remainder
of the Ordinance shall remain in full force and legal effect.
Section 7. All Ordinances or parts of Ordinances in conflict
herewith are hereby repealed.
passage
Section 8. This Ordinance shall be effective upon date of
-7-
PLACED ON FIRST READING THIS 4th DAY OF JANUARY, 1990.
PLACED ON SECOND READING THIS 18th DAY OF JANUARY, 1990.
PLACED AND AD 18th DAY OF JANUARY, 1990.
’ MAYOR
JICE MAYOR
ATTEST:
JTZ I
c.7, COUNC I LMAN /
CITY CLERK
-8-
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Development Compliance
N/A
Bahareh Keshavarz, AICP
Growth Manage
Administrator
Kara L. Irwin, AICP
&
Date Prepared: October 3,2006
Meeting Date: November 6,2008
Resolution 97,2008
Senior Planner
1x1 Quasi-Judicial
[ ] Legislative
[ 3 PublicHearing
Advertised:
Date:
Paper:
[XI Not Required
SUBJECT/AGENDA ITEM
~
Approved By:
Resolution 97,2008: St. Mark’s Episcopal Church - Special Event Application
Consideration of Approval: A request by Wendy Dm, on behalf of St. Mark’s Episcopal Church,
for approval by City Council to hold a fourth special event. The proposed school-sponsored special
event will be a family movie night held at Robb Field directly across from the Church on the
recreation field, which is generally located at the northwest corner of Burns Road and Gardens East
Drive.
Affected parties:
[ 3 Notified
[X 3 Not Required
[XI Recommendation to APPROVE
1 Recommendation to DENY
Originating Dept.:
Growth Management:
Richard J.
Project
FINANCE: NIA
Costs: $N/A
Total
$- NIA-
Current FY
Funding Source:
[ 3 Operating
[XI Other NIA
Budget Acct.#:
NA
City Council Action:
[ ]Approved
[ ] App. wl conditions
[ 3 Denied
[ 3 Rec. approval
[ 3 Rec. app. wl conds.
[ ] Rec. Denial
[ ] Continued to:
Attachments:
Resolution 97,2008
Special Event
Application
0 Special Event Sign-off
Report
Date Prepared: October 3,2008
Meeting Date: November 6,2008
Resolution 97,2008
EXECUTIVE SUMMARY
A request by Wendy Dunn, on behalf of St. Mark’s Episcopal Church, for approval by City Council
to hold a fourth special event. The proposed school-sponsored special event will be a family movie
night held at Robb Field directly across from the Church on the recreation field on Friday,
November 14,2008, from 6:OOPM - 10:OOPM.
SPECIAL EVENT BACKGROUND
On January 16, 2003, the City Council approved Ordinance 49,2002, which amended Section 78-
187 of the City Code, entitled “Special Events.” The amendment repealed Section 78-1 87, “Special
Events,” of Chapter 78, “Land Development Regulations,” and adopted a new section 78-187, and
amended Article VI11 Section 78-75 1, “Definitions.” This ordinance provides for an approval
mechanism for any person, firm, group, corporation or institution wishing to promote, organize,
control, manage, solicit, or induce participation in a special event, through a special event permit.
SPECIAL EVENTS
Per Section 78-1 87(d)(3)(a) of the Land Development Regulations, “Number per year,” no more
than three special events every calendar year shall be held by any applicant at one location, unless
otherwise approved by the City Council following a recommendation by the Growth Management
Director.
Currently, the applicant is requesting approval for a fourth special event this calendar year. The
applicant has held three other special events ranging from hot air balloons rides, movie night, and
Easter activities.
SPECIAL EVENT COMMITTEE
The Special Event Committee has reviewed the special event application and has no foreseeable
problems and/or concerns with the requested event at this time.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Resolution 97,2008.
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RESOLUTION 97,2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A FOURTH SPECIAL
EVENT APPLICATION AT ST. MARK'S EPISCOPAL CHURCH FOR
A FAMILY MOVIE NIGHT TO BE HELD FRIDAY, NOVEMBER 14,
2008, FROM 6:OO P.M. UNTIL 1O:OO P.M., GENERALLY LOCATED
ON THE NORTHWEST CORNER OF BURNS ROAD AND
GARDENS EAST DRIVE; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS, in accordance with Section 78-187 of the City of Palm Beach
Gardens Code of Ordinances, no more than three special events every calendar year
shall be held by any applicant at one location, unless otherwise approved by the city
council following a recommendation by the growth management director; and
WHEREAS, St. Mark's Episcopal Church has previously conducted three special
events during calendar year 2008; and
WHEREAS, Wendy Dunn, applicant for St. Mark's Episcopal Church, submitted
an application (SPEV-08-09-000207) seeking approval of a fourth special event
application, located at the northwest comer of Burns Road and Gardens East Drive; 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 determined that adoption of this Resolution is in
the best interests 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 APPROVES and authorizes St. Mark's
Episcopal Church to conduct a fourth special event at Robb Field, located at the northwest
corner of Bums Road and Gardens East Drive.
SECTION 3. This approval shall be consistent with the application, plans, and
documents filed with the City's Growth Management Department and kept on file with
the City, as follows:
1. Special Event Application, 16 pages.
46 2. Special Events Sign-off Report, I page.
Date Prepared: October 3,2008
Date Prepared: October 3, 2008
Resolution 97, 2008
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SECTION 4. This approval hereby expressly incorporates and is conditioned
upon all representations made by the Applicant or Applicant’s agents at any workshop
or public hearing.
SECTION 5. This Resolution shall become effective immediately upon adoption.
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:
R. Max Lohman, Interim City Attorney
VOTE: -- AYE NAY ABSENT
MAYOR JABLIN ---
VICE MAYOR LEVY ---
COUNCILMEMBER RUSSO ---
COUNCILMEMBER BARNETT ---
COUNCILMEMBER PREMUROSO
G:\attorney-share\RESOLUTlONSQOO8kpecial event - st marks episcopal church - reso 97 2008.doc
w
2
Special Events Sign Off Report
PALM BEACH GARDENS
ASi@atut~City
Begin Date:
End Date:
Permit #: SPEVeOS-09-000207
Fees Paid $0.00
Special Event: St. Marks familv movie niuht 11/14/08 from 6:00~m to 10:OODm
Special Events Planner: I
Exempt from fees
I Date
PARKS
RECREATION
BUILDING DIVISION
FIRE/RESCUE DIVISION
POLICE DEPARTMENT
RISK MANAGEMENT
CODE ENFORCEMENT
PUBLIC WORKS
APPROVALS
Approved by MIKE KELLY 09/12/2008
Approved by CHARLOTTE PRESENSKY 09/12/2008
Approved by TAMES BROWN 09/26/2008
Approved by SCOIT FETTERMAN 09/12/2008
Approved by JACK SCHNUR 09/12/2008
Approved by GRACIE HUGHES 09/12/2008
Approved by DAVID REYES 09/12/2008
Approved by MICHAEL MORROW 09/12/2008
CONDITIONS
GROWTH MANAGEMENT ADMIN: b@/b f Kara L. Irwin, AICP Sigriatylre Date
---
P elm Begch Gardens Glryy) Management Department
1 Os00 North Militafy Trail, Palm Beach Gardens, FL 334 10
561-799-4230
Special Event Permit Apprication
Palm Beach Gardens, Florida
Growth Management Department
PLANNING AND ZONING DIVISION
SPECIAL EVENT PERMIT APPLICATION
A. GENERAL INSTRUCTIONS AND SUBMITTAL REQUIREMENTS
This application form identifies the minimum documents and information required to
initiate the review of a special event permit. The applicant is cautioned to follow
instructions carefully and note the necessary attachments that are required to be
included with this application.
Section 78- 187, Land Development Regulations (LDR) regulates special events. A
special event is defined as a temporary meeting, activity, gathering, or group of
persons, animals, or vehicles, or a combination thereof, having a common purpose,
design or goal upon any public or private facility, street, sidewalk, alley, park, public
or private area or building where the special event substantially inhibits the usual
flow of pedestrian or vehicular traffic, and is not the type approved for, or customarily
associated with, the site upon which the event is located, and is not a normal
business sale event or similar activitv for commercial and/or office establishments.
A special event shall include, but not be limited to city sponsored event, fund raising
sales and similar gatherings, block parties, grand opening promotions.
A special event shall not exceed seven (7) consecutive days. The Growth
Management Director may authorize one (1) administrative time extension of up to
three (3) days based on a justification statement provided by the applicant that
illustrates good cause and public interest of the city. Any event more than ten (10)
consecutive days shall be approved by the City Council. Pumpkin sales and
Christmas tree sales shall not exceed thirty (30) consecutive days. Furthermore, the
following special event occurrence shall apply:
o No more than three (3) special events per calendar year shall be held by any
applicant at one (1) location, unless otherwise approved by the City Council
following a recommendation by the Growth Management Director.
o Tenants located in commercial/office plazas are permitted up to three (3)
special events per tenant each calendar year. However, this number of
permitted special events shall exclusively apply to each tenant, and cannot be
transferred to another tenant or party.
SDecial Event Permit ADDliCatiOn Paere 1
o No events shall occur consecutively, except for those with City Council
approval, and if approved shall require a separate permit and fee for each
event.
o Sub-tenants within commercial/office plazas are not permitted any special
events.
o Commercial /office plazas with ten (IO) tenants or less shall be limited to a
maximum of five (5) events per calendar year. Commercial/office plazas with
eleven (11) or more tenants are permitted ten (IO) special events per
calendar year .
o Anchor tenants are permitted three (3) events per calendar year exclusive of
the limitation above.
o No more than two (2) special events at any given time may occur
simultaneously at any commercial/office plaza. Special event applications will
be reviewed and approved by the City on a first-come, first-serve basis.
The application submittal deadlines are as follows. A complete application, all
supplemental materials, and a non-refundable special events application fee in the
amount of $160.00 in the form of a check payable to the City of Palm Beach
Gardens shall be submitted to: City of Palm Beach Gardens Growth
Management Department, Planning and Zoning Division, lo500 North Military
Trail, Palm Beach Gardens, Florida 33410 fl
weepfa& Non-profit organizations and religious institutions are exempt from the
above subject fee.
Less than or equal to 1,000 persons
1,001 to 5,000 persons
5,001 to 50,000 persons
More than 50,000 persons
one (1) month
two (2) months
four (4) months
six (6) months
B. EVENT INFORMATION
(type the information or print in legible dark ink).
/ Name of Special Event &Tw m( S imuzt d!&H7-
Property Owner -s/c,fl/~;- @ac" c&!
Address _I ?39s/U&! /eD ~ /42% ,,E
SDecial Event Permit ADDlication Page 2
Telephone and E-mail bO?J '/9s/ swavc [ 3M -2?2fw
AddresdLocation of Event
Estimated Number of Participants -701,
Dates and Times of Event
Date
Event Day 1 //-/Y-W
Event Day 2
Event Day 3
Event Day 4
Event Day 5
Event Day 6
Event Day 7
Day Begin Time End Time mz (a [IAMflPM /o []AM#PM
PM
PM
PM
PM
PM
PM
Organization(s) Producing Event
At. r".f/" elephone770 - b/d '63%'- Alt. Telephone
Individual(s) Responsible
Telephone 77 4 PSZ5--- Telephone
Alt. Telephone 30 8
Email hu @,mL &?9 Email
Alt. Telephone
, - -->
,lQon-Profit>rivate or Commercial Enterprises (if applicable)
Date of Incorporation
(attach articles of incorporation)
C. CHECKLIST
Attached the followlna information in thls order to expedite armroval.
0 Authorization of Propertv Owner - notarized evidence from the property
owner(s) authorizing use of the site for the special event. P Statement of Special Event Description Purpose and Use -the statement
shall describe how the proposed event meets the definition of a special
event as defined in Section 78-187, LDR and as stated on the front page
of this application. Furthermore, describe the purpose for the special
event and its uses, including, but not limited to sponsor(s), vendor@),
band(s), and/or other musical operations, planned activities, duration of
event, location, hours of operation, anticipated attendance, temporary
lighting to be provided on-site, security, utilities, the use of generators, etc.
Has this event occurred in the City of Palm Beach Gardens before?
was&@
If Yes, Provide Date(s) ?/7 ./.Y
SDecial Event Permit ADDlication Page 4
Has the gi& of the event had a special event this calendar year? a Yes NO If Yes, Provide Date(s) </k
(r yes, how many times this calendar year /
Does the event require the use of electricity? Yes No
Will there be any vendors or concession sales?@ Yes No
Will alcoholic beverages be served? Yes NO
c+3-e%43 ObJ 5ZTL
OhW MO 7/!L .WiflDL *f3-
Will food service be provided? Yes 0 NO
Yes No
Will your event require road closure? Yes No
If yes, describe the requested street segment closure and times
Will fire rescue services be required? Yes No
Will police services be required? p Yes No
Site Plan - a detailed site plan for the event, including, but not limited to
property boundaries, road access, location of trash receptacles, sanitary
facilities, tents or other structures, parking locations, offices, equipment,
vendors. Provide setbacks from property line for the various temporary
structures activities (signs, fences, tents, booths, etc.). @cL.05-
Occupational License - applicants and participants (including vendors)
shall provide a copy of a valid Palm Beach Gardens occupational license.
Alcoholic Beveraae License (if alcoholic beverages are to be served) -
applicants may provide alcoholic beverages in accordance with Chapter 6
of the City Code. Provide a copy of the permit issued by the Florida
Department of Beverages and Tobacco.
Food Service (if food service will be available at event) -the applicant
shall provide a complete list of food service vendors, their respective Palm
Beach County mobile occupational license permit (if applicable), Florida
State health certificates, and a list of the type of food service provided.
SDecial Event Permit Amlication Page 5
4LI
Parades (if applicable) -the following information is required to be
submitted.
J The exact location of any marshaling or staging areas;
J The time at which units of the parade will begin to arrive at the
staging areas and the times at which all such units will be
disbursed ;
J The exact route to be traveled, including the starting point and
termination point;
J A statement as to whether the parade will occupy all or only a
portion of the width of the street, roadway, or sidewalk to be used;
and
J County or state roadway permits, where applicable
nd Fire Rescue/Emeraencv Medical Services -the Police and Fire
ents will review the application and assess the need for police
and fire rescue services and/or emergency medical services. If such
services are required, the applicant will be informed of such and will take
responsibiltty for contacting the Police and Fire Departments directly. The
applicant is responsible for the cost of these services. The Police Chief
and Fire Chief or their designees have final authority on the need for fire
Officer $40.00
Supervisor* $45.00
If car needed $4.00
*required when six (6) or more personnel are needed
Personnel (nouriy rates j
Firefighter/EMT $30.00
Fire Medic, Driver, Inspector $30.00
Officer/Su pervisor* $40.00
*required when six (6) or more personnel are needed
tquipment (nouriy ratesj
Fire Engine
Ladder Truck
Brush Truck
$75.00
$1 00.00
$45.00
SDecial Event Permit ADDlication Page 6
Utility Truck $48.00
Rescue Truck $32.00
Specialty EMS Vehicle $25.00
Insurance -the operator of the special event shall provide evidence of
insurance acceptable to the city in an amount of at least $1,000,000.00,
and shall provide the City a certificate of insurance showing the city as an
additional insured. Events with an expected attendance over 10,000
people shall submit a certificate of insurance evidencing coverage of at
least $2,000,000, with the City named as an additional insured. The City
may require proof of additional insurance. Insurance shall not be
cancelled or re-issued without thirty (30) day written notice to the City.
Bond - (required if event is located on City property) a refundable security
bond, or similar financial pledge acceptable to the city is required to
assure that any damage is repaired and the premises returned to its
previous condition prior to the event, including the removal of any signs or
banners within two (2) calendar days of the event.
w-567
Indemnification - an indemnification agreement, including any and all such
claims, suits, actions, damage, or causes of action arising as a result of
the special event, or the condition of the site on which the special event is
held including any personal injury or loss of life, or damage to or loss of
property, and from and against any order, judgments, or decrees which
may be entered, and from and against any costs, attorney’s fees,
expenses or liabilities incurred in and about the defense or settlement of
any claims, and the investigation thereof. Please see Attachment A at the
end of this document.
TemDorarv Sign Package (if temporary signage is proposed) - see specific
sign requirements below. Enclose a complete on-site and/or off-site sign
package. All on and off-site signage shall comply with the requirements
listed below.
On-site Sianaae Reauirements
Only one (1) on-site sign per special event is permitted unless waived by
the Growth Management Director for good cause and the public interest of
the city.
Any on-site sign related to a special event shall be illustrated in a detailed
on-site sign plan, including, but not limited to proposed location, size, type,
copy area, graphics, and color, including the dates of installation and
removal of the sign for the event in accordance with Section 78-290, LDR - Temporary Signs. One (1) on-site sign is allowed (maximum size 16
square feet) and shall be installed no earlier than seven (7) days prior to
the event and shall be removed no later than one (1) day after the event.
SDecial Event Permit ADDliCatiOn Paee 7
1
Banner signs and flags proposed within the signage plan may be
approved per the discretion of the special events planner. No sign shall
be permitted in the safe site visibility triangles as described in Section 78-
315(j), LDR -Visibility Triangles.
Off-Site Siunaue Reuuirements
Any off-site sign@) including street banners, pole banners, flags, and
directional signs related to a special event shall be illustrated in a detailed
off-site sign plan that shall indicate on a site plan the location, copy area,
graphics, size, type, and colors of the sign(s) for the event. Such plan
shall be approved by the Growth Management Director.
Off-site signs shall not be permitted on private property. Off-site signs
located on public property or right-of-way other than city property shall be
submitted with the authorization of the applicable agency.
Off-site signs may be displayed no more than fourteen (14) calendar days
before the scheduled event and must be removed within two (2) calendar
days after the conclusion of the event. The Growth Management Director
may waive such time limitation to allow the applicant to erect off-site signs
prior to fourteen (14) calendar days to the scheduled event for good cause
and the public interest of the city.
No off-site signs shall be permitted in the safe site visibility triangles as
described in Section 78-31 50), LDR- Visibility Triangles.
Off-site signs related to a regional event outside the municipal boundaries
of the city shall be permitted at the discretion of the Growth Management
Director subject to the review and approval of an off-site sign plan
illustrating the number, copy area, location, and graphics of all signs
proposed. All signs located on public property or right-of-way other than
city property shall be submitted with the authorization of the applicable
agency.
Visibiliiv Trianules
Intersection with public right-of-way. The area of property on both sides of
a driveway formed by the intersection of each side of the driveway and the
public right-of-way line for a distance of fifteen (1 5) feet in length and five
(5) feet in width along the public right-of-way. (See Figure A Below)
SDecial Event Permit ADDliCatiOn Page 8
Figure A
1s 15'
Public R.0.W
Figure B
20' 20
20'
Public R.0.W
20'
Intersections of rights-of-way. The area of property located at a corner
formed by the intersection of two (2) or more public right-of-ways with two
(2) sides of the triangular area being twenty (20) feet in length along the
abutting public rights-of-way measured from their point of intersection and
the third side being a line connecting the ends of the other two lines .
(See Figure B above)
submitted as required by staff.
Other Materialdinformation - list other information or materials to be
SDecial Event Permit ADDliCatiOn Page 9
D. APPLICANT CERTIFICATION
lM/e affirm and certify that Ihe understand and will comply with the land
development regulations and codes of the City of Palm Beach Gardens, Florida.
lM/e further certify that the statements or diagrams made on any paper or plans
submitted herewith are true to the best of my/our knowledge and belief. Further,
lhe understand that this application, attachments and application filing fees become
part of the official records of the City of Palm Beach Gardens, Florida, and are not
retu rna b le. &&/Y'+L
Applicant's signature'
Printed name
SDecial Event Permit ADDliCatiOn Page 10
NOTARY ACKNOWLEDGEMENT
STATE OF
COUNTY OF
I hereby certify that the foregoing instrument was acknowledged before me this - day
of 9 20-1 by . Heorsheis
personally known
to me or has produced as identification.
Notary public signature
Printed name
State of at-large My Commission expires:
E. INQUIRIES AND COMMENTS
If you have any question or comment regarding this application, please contact staff
at (561) 799-4250. We appreciate suggestions that may improve this application
form as well as our services.
Page 11 Special Event Permit Application
Attachment A
INDEMIFICATION AGREEMENT
entered into by and between
licant”), and the City of Palm Beach Gardens
xecutes this Agreement.
RECITALS
WHEREAS, the Applicant has submitted a Special Event Permit
. (“Special Event”); and
pplication to the City for
ME d 2&7Y7- at (1ocation)J’m h FMwvm on (date(sj) //-/U -0cf
WHEREAS, puhanfto Section 78-187 of the City’s Code and the City’s Special Event Regulations, the
Applicant must execute an indemnification and hold harmless agreement protecting the City from any and
all claims which may arise out of the Special Event.
NOW, THEREFORE, in consideration of the matters recited above, the mutual covenants set forth herein,
and other good consideration the receipt and sufficiency of which is hereby acknowledged, the Parties
hereby agree as follows:
1.
2.
The above recitals are true and correct.
Applicant agrees to indemnify, defend and hold the City, its officers, affiliates, employees,
successors and assigns, harmless from and against any and all such claims, suits, actions,
damages, or causes of action arising as a result of the Special Event, or of the condition of the site
on which the Special Event is held including any personal injury or loss of life, or damage to or
loss of property, and from and against any costs, attorney’s fees, expenses or liabilities incurred in
and about the defense or settlement of any claims, and the investigation thereof.
Modification. This Agreement shall not be modified or amended except by an instrument in
writing signed by or on behalf of each of the parties.
Amlicable Law. This Agreement shall be governed by and construed and enforced in accordance
with the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement
will be held in Palm Beach County, Florida.
Countemarts. This Agreement may be executed in two or more counterparts, each of which shall
be deemed to be an original, and all of which counterparts together shall constitute but one and
the same instrument.
Parties Bound. All of the terms, covenants and conditions of this Agreement shall be binding
upon and inure to the benefit of the parties hereto and their respective heirs, legal representatives,
successors and assigns.
Attornev’s Fees. In the event of any litigation, including appellate proceedings, arising out of this
Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs
from the non-prevailing party.
Severability. Each provision of this Agreement is severable from any and all other provisions of
this Agreement. Should any provision of this Agreement be for any reason unenforceable, the
balance shall nonetheless remain in and be of full force and effect, but without giving effect to
such provision.
No Waiver. Neither the failure of either party to exercise any power given such party hereunder
or to insist upon strict compliance by the other party with its obligations hereunder, nor any
custom or practice of the parties at variance with the terms hereof shall constitute a waiver of
either party’s right to demand exact compliance with the terms hereof.
IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed and
sealed by its duly authorized signatory(ies) on the date set forth below.
3.
4.
5.
6.
7.
8.
9.
Page 12 SDecial Event Permit ADDliCatiOn
Signed, sealed and delivered
in the presence of:
Witness
Witness
Signed, sealed and delivered
in the presence of:
Witness
Witness
STATE OF
COUNTY OF
By:
THE CITY OF PALM BEACH GARDENS
By:
Name:
Title:
Date:
NOTARY ACKNOWLEDGEMENT
nowledged before me this $- day
nfl . Heorsheis U
h
to me or has produced as identification.
w 1. sofmsoa
wobrYNlic*~ofAw#r
State of at-large My Commission expires:
A. INQUIRIES AND COMMENTS
If you have any question or comment regarding this application, please contact staff
at (561) 799-4243. We appreciate suggestions that may improve this application
form as well as our services.
SDecial Event Permit ADDliCatiOn Page 13
Statement of Special Event Description Purpose and Use
St. Mark’s family movie night is a school sponsored event on Robb Field. A
20x25 foot inflated movie screen will show a family appropriate movie to
the families and children of St. Mark’s School. Special Events Network will
be providing the screen and viewing equipment at a cost to St. Mark’s.
Approximately 300 people will be in attendance sitting on the lawn with
their own lawn chairs and blankets. The screen will be facing Gardens East
Drive per the enclosed diagram and site plan. Attendees will be served
pizza and drinks with a tickets system set up through the school. Vendors
will not be selling directly to the attendees. The gates will open at 6PM and
the movie will be begin at 7PM. The event will conclude by 9PM. Two police
officers will be hired thru the city to monitor parking lots and assist with
departure onto Gardens East Drive.
Palm Beach Gardens iMap Page I of I
Palm Beach Gardens iMap
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http://gis.pbgfl.comlwebgislprint.do?titleBox=onBrtitle=Palm+Be~h+G~dens+iMap&.sc.. . 1 0/22/2007
r 1 -.**-
The Church Insurance Company of Vermont
21 0 South Street
EMAIL: CICVTcerts@cpg.org
FAX: 802-753-1 385
INSURED: CERTIFICATE HOLDER:
St Marks Episcopal School
3395 Burns Rd
Palm Beach Gardens, FL 3341 0-4322
CITY OF PALM BEACH GARDENS
10500 N MILITARY TRL
PALM BEACH GARDENS, FL 3 34 1 0-4628
MORTGAGEE ____ LOSS PAYEE ____ ADDITIONAL INSURED --X--
~~~~~
The policies of insurance listed below have been issued for the insured named above for the policy period indicated. Notwithstanding any
requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the
insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, aggregate limits
shown may have been reduced by paid claims.
POLICY NUMBER: VPPOOl2132 CERTIFICATE EFFECTIVE DATE: 11 /14/2008
Commercial General Liabilitv
Occurrence Form
General Aggregate applies per policy: Limits
EACH OCCURRENCE/ACCRECATE $1,000,000 0cc/5,000,000 Agg
FIRE DAMAGE (ANY ONE FIRE) $ 500,000
MEDICAL EXPENSE (ANY ONE PERSON) $ 15,000
Directors’ & Officers’ Liability $1,000,000
/ $1,000,000
Commercial ProDertv
LOCATION: 3395 Burns Rd Palm Beach Gardens, FL 3341 0-4322
COVERAGE INFORMATION: BLANKET BUILDING AND CONTENTS, REPLACEMENT COST, SPECIAL FORM, THEFT INCLUDED
BLANKET BUILDING & CONTENTS LIMIT: $28,000
PROPERTY DEDUCTIBLE: $500
FLOOD DEDUCTIBLE: 5%
OTHER REMARKS:
NIGHT ON NOVEMBER 11,2008.
DISCLAIMER: The Certificate of Insurance does not constitute a contract between the issuing insurer, authorized representative,
and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policy
listed thereon.
CANCELLATION: THE POLICY IS SUBJECT TO THE PREMIUMS, FORMS, AND RULES IN EFFECT FOR EACH POLICY PERIOD. SHOULD THE POLICY
BE TERMINATED, THE COMPANY WILL ENDEAVOR TO GIVE THE ADDITIONAL INTEREST IDENTIFIED 30 DAYS WRllTEN NOTICE, AND WILL
SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD EFFECT THAT INTEREST, IN ACCORDANCE WITH THE POLICY
PROVISIONS OR REQUIRED BY LAW.
AUTHORIZED REPRESENTATIVE
LIANNE WEBSTER
THE CITY OF PALM BEACH GARDENS IS AN ADDITIONAL INSURED WITH RESPECT TO FAMILY MOVIE
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: September 29,2008
Meeting Date: November 6,2008
Resolution 100,2008
SUBJECT/AGENDA ITEM
Resolution 100,2008: Gardens Pointe: Miscellaneous request for extension to six conditions of approval
Consideration for Approval: A request from Matt Hornberger, as agent for Gardens Pointe Development,
LLC, for approval of an extension to six conditions of approval for Gardens Pointe, generally located at the
corner of Fairchild Gardens Drive and Kyoto Gardens Drive.
[XI Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
Development
Compliance & CJ
Bahareh Keshavarz-Wolfs,
AICP
Growth Manage
Kara Irwin, AIC
Approved By:
Originating Dept.:
Growth Management:
Allyson Maihrm
Resource Manager
[XI Quasi - Judicial
[ ] Legislative
[ ] Public Hearing
Advertised:
Date: NIA
Paper: Palm Beach Post
[ 3 Required
[XI Not Required
dffected Parties:
[ ]Notified
[ x] Not Required
FINANCE:
Finance
Administrator:
Allan Owens
N/G-
Senior Acc
B<:
Tresha Thomas
Fees Paid: [ w'' ]
Date: 101 z\ I c8
Budget Acct.#:
NIA
City Council Action:
[ ]Approved
[ ] App. wl conditions
[ ] Denied
[ 3 Rec. approval
[ 3 Rec. app. wl conds.
[ ] Rec. Denial
[ ] Continued to:
Attachments:
1. Project Narrative
and Application
2. Downtown Plat
3. Resolution 76,2007
4. Resolution 100,2008
Date Prepared: September 29,2008
Meeting Date: October 16,2008
Resolution 100,2008
EXECUTIVE SUMMARY
Gardens Pointe was approved on August 16,2007, via Resolution 76,2007. Currently, the applicant is
requesting a time extension for completion of certain offsite improvements to the lake plan and
Perpetual Public Access Easement (PPAE) required to be built on private property owned by
Downtown at the Gardens.
APPLICANT’S REOUEST
Gardens Pointe was approved on August 16,2007, via Resolution 76,2007 which approved a site plan
for a hotel, an office building, and a bank building. The project is bounded by Landmark to the north,
Lake Victoria (a.k.a. the Downtown at the Gardens lake) to the west, Kyoto Gardens Drive to the
south, and Fairchild Gardens Drive to the east. The four (4) story, 37,500 square-foot office building
is located at the southwest corner of the site directly abutting the PPAE around the lake feature that
separates this site and the Landmark site from the Downtown at the Gardens site.
The applicant is requesting a time extension for the following conditions of approval pertaining to the
improvements of the lake plan:
1. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall install
one decorative sign on each arbor bench feature, the lake overlook, and one adjacent to
Kyoto Gardens Drive within the Perpetual Public Access Easement (PPAE). The signs
on the arbors shall face westward (towards the lake), and the sign adjacent to Kyoto
Gardens Drive shall face southward, which clearly ident$es the area to pedestrians as
being for public use and enjoyment. (Planning & Zoning)
4. The Applicant shall have the sole responsibility of implementing and installing the
applicable portion of the Lake Improvement Plan as reflected on the Lake Area Exhibit
approved by Resolution 120, 2005. Prior to the issuance of the first Certificate of
Occupancy for Phase II, the applicable portion of said plan, including all amenities,
shall be firlly completed and installed, as approved by the City Council, as reflected on
the approved Gardens Pointe plans. All hardscape elements, which include benches,
arbors, pathways, hardscape, and the lake overjook plaza, shall be consistent in design
with the lake plan elements approved by the City Council for Downtown at the Gardens.
(Planning & Zoning)
5. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall install the
lake overlook plaza as reflected on the approved site and landscape plans. The
Applicant shall also include language in the p#operty-owners ’ association documents
that requires the maintenance of this overlook and lake plan, in the event maintenance
obligations have been deferredporn the Regional Center DRI POA to the Gardens
Pointe POA. (Planning & Zoning)
The Applicant shall provide a bridge connection to the west side of the lake bankporn
the subject site. The bridge shall be consistent in style and design to the approved
bridge on the north end of the lake. Prior to issuance of the second building permit, the
Applicant shall submit for administrative review and approval of the bridge plan and
40.
2
Date Prepared: September 29,2008
Meeting Date: October 16,2008
Resolution 100,2008
cost estimate for a bond. Prior to the issuance ofthe first CertiJicate of Occupancy, the
Applicant shall provide a surety in a form acceptable to the City Attorney in the amount
of 1 10% of the cost of the construction of the bridge. (Planning & Zoning)
41. The lake bridge shall be installedprior to the issuance of the Certficate of Occupancy
for the hotel. (Planning & Zoning)
42. The Applicant shall provide the same lightfixtures on its site and within the PPAE that
are provided on the Landmark site. (Development Compliance)
In the attached letter dated September 15,2008, the applicant states, “Upon the securing of permission
or right, through reasonable means, to install the required improvements, the owner agrees to complete
the required improvements in a timely manner and in no more than six months from the date of
permission or right is granted.”
LAND USE AND ZONING
The subject site has a joint land-use designation of office/hotel/community use, as indicated on the
Development of Regional Impact (DRI) and Planned Community District (PCD) master land-use plan
(Map H), and Professional Office (PO), as designated on the City’s Future-Land Use Map. Therefore,
both land-use designations apply to the subject parcel. The zoning designation of the site is a Planned
Community District (PCD) Overlay. In accordance with Section 78-155 (c) (2), Code of Ordinances,
the Growth Management Director has determined that the Commercial Retail (C) property
development regulations shall apply to the subject site.
STAFF ANALYSIS
Staff is recommending approval of a time extension of six months from the date this resolution is
approved and adopted. It has been determined that the dedication of the existing PPAE around the lake
to the City grants the City the ability to issue a permit for the public improvements. The language on
the adopted plat reads that “Structures may be permitted upon Perpetual Access Easements as
approved or with prior written consent by the City of Palm Beach Gardens.” The lake improvements
were provided for in the applicant’s development order; therefore, City Council has granted approval
for the improvements within the PPAE.
Staff proposes the following language for the amendments:
Bv May 6. 2009, (six (6) months fiom the effective date of this resolution)Li%e+t+&
sign on each arbor bench feature, the lake overlook, and one adjacent to Kyoto
Gardens Drive within the Perpetual Public Access Easement (PPAE). The signs on the
arbors shall face westward (towards the lake), md the sign adjacent to Kyoto Gardens
Drive shall face southward, which clearly identijes the area to pedestrians as being for
public use and enjoyment. (Planning & Zoningj
n, UL. bw ~~~, the Applicant shall install one decorative
1.
4. The Applicant shall have the sole responsibility of implementing and installing the
3
Date Prepared: September 29,2008
Meeting Date: October 16,2008
Resolution 100,2008
applicable portion of the Lake Improvement Plan as reflected on the Lake Area Exhibit
approved by Resolution 120, 2005. Bv May 6. 2009, (six (6) months fiom the effective date
of this resolution)L) , the applicable
portion of said plan, including all amenities, shall be fully completed and installed, as
approved by the City Council, as reflected on the approved Gardens Pointe plans. All
hardscape elements, which include benches, arbors, pathways, hardcape, and the lake
overlook plaza, shall be consistent in design with the lake plan elements approved by the
City Council for Downtown at the Gardens. (Planning & Zoning)
5. By May 6, 2009, (six (6) months fiom the effective date of this resolution)L-&++&-h
overlook plaza as reflected on the approved site and landscape plans. The Applicant
shall also include language in the property owners' association documents that
requires the maintenance of this overlook and lake plan, in the event maintenance
obligations have been deferredfiom the Regianal Center DRI POA to the Gardens
Pointe POA. (Planning & Zoning)
""
"J Vbb the Applicant shall install the lake
40. The Applicant shall provide a bridge connection to the west side of the lake bankfiom
the subject site. The bridge shall be consisterat in style and design to the approved
bridge on the north end of the lake. Prior to issuance of the second building permit, the
Applicant shall submit for administrative review and approval of the bridge plan and
cost estimate for a bond. Prior to the issuance ofthe first Certijkate of Occupancy, the
Applicant shall provide a surety in a form acceptable to the City Attorney in the amount
of 1 10% of the cost of the construction of the bridge. (Planning & Zoning)
41. The lake bridge shall be installed) Cccw
j%&w-b& within six (6) months of the date of this approval (no later than May 6,
2009). The applicant shall be Dermitted one three month time extension provided a
permit has been issued for the construction of the bridge and the applicant is movinR
forward with timelv inspections. (Planning & Zaning)
42. Bv May 6, 2009, (six (6) months-fiom the effective date of this resolution),TLhe Applicant
shall provide the same light fixtures on its site and within the PPAE that are provided
on the Landmark site. (Development Compliance)
STAFF RECOMMENDATION
Staff recommends APPROVAL of Resolution 100,2008.
4
Date Prepared: September 29, 2008
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RESOLUTION 100,2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO
RESOLUTION 76, 2007 SITE PLAN FOR GARDENS POINTE TO
ALLOW THE DEVELOPMENT OF A 178-ROOM SIX (6) STORY
HOTEL, A FOUR (4) STORY 37,500-$QUARE-FOOT OFFICE
BUILDING, AND A ONE (1) STORY 4,000-SQUARE-FOOT OUT
PARCEL BANK ON A 6.64-ACRE SITE LOCATED AT THE
NORTHWEST CORNER OF KYOTO GARDENS DRIVE AND
FAIRCHILD GARDENS AVENUE WITHIN THE REGIONAL CENTER
DEVELOPMENT OF REGIONAL IMPACT (DRI), AS MORE
PARTICU LARLY DESCRIBED HE REIN; P ROVl DI NG CON DlTlONS
OF APPROVAL; PROVIDING WAIVERS; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
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 received petition SP-05-01 from Gentile, Holloway, and
O’Mahoney, agent for Gardens Pointe LLC, for site plan approval of 214 residential
condominium high-rise units, within two twelve-story towers, and 26 townhouse units on
an approximately 6.64-acre site located at the northwest corner of Kyoto Gardens Drive
and Fairchild Gardens Avenue, which was approved through the adoption of Resolution
44,2006; and
WHEREAS, the City received petition SPLA-07-02-000003 from Gentile,
Holloway, and O’Mahoney, agent for Gardens Pointe LLC, for approval of a site plan
amendment to allow a 1 75-r00mI six-story hotel, a four-story 37,500-square-foot office
building, and a one- story 4,000-square-foot out parcel bank on an approximately 6.64-
acre site located at the northwest corner of Kyoto Gardens Drive and Fairchild Gardens
Avenue, as more particularly described herein, which was approved through the
adoption of Resolution 26, 2007; and
WHEREAS, the City received petition MISC-08-09-000050 from Gentile,
Holloway, and O’Mahoney, agent for Gardens Pointe LLC, for approval of a time
extension to six conditions of 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
Date Prepared: September 29, 2008
Resolution 100, 2008
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WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interests 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 site plan for Gentile, Holloway, and O’Mahoney, agent for
Gardens Pointe LLC, is hereby AMENDED on the folllowing described real property to
permit a 175-room six-story hotel, a four-story 37,500-square-foot office building, and a
one-story 4,000-square-foot out parcel bank on an approximately 6.64-acre site located
at the northwest corner of Kyoto Gardens Drive and Fairchild Gardens Avenue, subject
to the conditions of approval contained herein, which are in addition to the general
requirements otherwise provided by ordinance:
LEGAL DESCRIPTION:
PARCEL 27.09 AND A PORTION OF 27.13, ACCORDING TO THE PLAT OF
REGIONAL CENTER PARCELS 27.09 AND 27.13, AND WATER MANAGEMENT
RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
TRACT 3-8, AS RECORDED IN PLAT BOOK 90, PAGES 199-201, PUBLIC
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 27.09, SAID POINT
BEING THE POINT OF BEGINNING; THENCE N46’02’07”W ALONG THE WEST LINE
OF SAID PARCEL 27.09, A DISTANCE OF 247.50 FEET; THENCE NOI”05’24E
ALONG SAID WEST LINE, A DISTANCE OF 163.87 FEET; THENCE N42”08’02”E
ALONG SAID WEST LINE, A DISTANCE OF 264.23 FEET; THENCE N44”02’28”EI A
DISTANCE OF 174.91 FEET; THENCE S88”34’59E, A DISTANCE OF 301.16 FEET
TO A POINT ON THE EAST LINE OF SAID PARCEL 27.13; THENCE SO1”25’01”W
ALONG THE EAST LINE OF SAID PARCELS 27.13 AND 27.09, A DISTANCE OF
441 53 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST,
HAVING A RADIUS OF 570.87 FEET AND A CENTRAL ANGLE OF 04”15’01”;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 42.34
FEET; THENCE S38”18’32”W, A DISTANCE OF 32.90 FEET TO A POINT ON THE
SOUTH LINE OF SAID PARCEL 27.09; THENCE S79”27’03”W ALONG SAID SOUTH
LINE, A DISTANCE OF 128.36 FEET TO A POINT OF CURVATURE OF A CURVE
CONCAVE TO THE SOUTH OF WHICH THE RADIUS POINT LIES S10°32’57”E, A
RADIAL DISTANCE OF 575.87 FEET AND A CENTRAL ANGLE OF 19”30’20”;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF
196.05 FEET; THENCE S59”56’43”WJ A DISTANCE OF 98.13 FEET TO THE POINT
OF BEGINNING.
CONTAINING 289,109.89 SQUARE FEET OR 6.64 ACRES, MORE OR LESS.
2
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Date Prepared: September 29, 2008
Resolution 100, 2008
Plannina & Zoning
Bv Mav 6, 2009 (six (6) months from the effective date of this
Resolution),- cf cf 06wpanq , the
Applicant shall install one decorative sign on each arbor bench feature,
the lake overlook, and one adjacent to \Kyoto Gardens Drive within the
Perpetual Public Access Easement (PPAE). The signs on the arbors shall
face westward (towards the lake), and the sign adjacent to Kyoto Gardens
Drive shall face southward, which clearly identifies the area to pedestrians
as being for public use and enjoyment. (Planning & Zoning)
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Prior to the issuance of the first Certificate of Occupancy, the Applicant
shall install a map directory sign of the lake plan within the PPAE adjacent
to the lake, which is consistent to the one approved for Downtown at the
Gardens. This directory sign shall include a color map of the entire lake
plan, which indicates a “you are here” notation, all points of interest
(benches/gazebos/bridges/plazas/underpassesllake overlooks), and the
boundaries of the PPAE. (Planning & Zoning)
Prior to the issuance of the first Certificate of Occupancy, the Applicant shall
submit the property owners’ association documents for the City Attorney’s
and City Forester‘s review and approval. (Planning & Zoning, City Attorney)
The Applicant shall have the sole responsibility of implementing and
installing the applicable portion of the Lake Improvement Plan as reflected
on the Lake Area Exhibit approved by Resolution 120, 2005. Bv Mav 6,
2009 (six (6) months from the effective date of this ResoIution),Fkef-Wb
plan, including all amenities, shall be fully completed and installed, as
approved by the City Council, as reflected on the approved Gardens Pointe
plans. All hardscape elements, which inalude benches, arbors, pathways,
hardscape, and the lake overlook plaza, shall be consistent in design with
the lake plan elements approved by the City Council for Downtown at the
Gardens. (Planning & Zoning)
.. nf E the applicable portion of said
Bv Mav 6, 2009 (six (6) months from the effective date of this -- , the
Applicant shall install the lake overlook plaza as reflected on the approved
site and landscape plans. The Applicant shall also include language in the
property owners’ association documents that requires the maintenance of
this overlook and lake plan, in the event maintenance obligations have
been deferred from the Regional Center DRI POA to the Gardens Pointe
POA. (Planning & Zoning)
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All windows and doors shall be hurricane-impact resistant. (Planning &
Zoning).
Date Prepared: September 29, 2008
Resolution 100, 2008
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7. Prior to the issuance of the first building permit, the Applicant shall install a
six-foot high construction fence with a dark green, black, or decorative
privacy tarp around the perimeter of the subject property. The privacy tarp
shall not include signage or advertising in accordance with Section 78-290.
(Planning & Zoning) SATISFIED
8. Prior to the issuance of the first Certificate of Occupancy for vertical
construction, the Applicant shall construct the reconfigured median at Kyoto
Gardens Drive and Fairchild Gardens Avenue, and install all approved
roadway beautification landscaping. (Planning & Zoning, City Forester)
Cif y Forester
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Applicant shall install the appkibk buffer as reflected on
Sheet C-I 9. (City Forester)
Cif y Enaineer
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Prior to the issuance of the first land clearing permit, the Applicant shall
provide a signed and sealed pavement marking and signage plan. (City
Engineer) SATISFIED
The Applicant shall provide the City Engineer with copies of all
correspondences to and from regulatory agencies regarding issues on the
Gardens Pointe. (City Engineer)
Prior to the commencement of construction, the Applicant shall provide all
necessary construction zone signage and fencing as required by the City
Engineer. (City Engineer) SATISFIED
Prior to the issuance of the first land clearing permit, the Applicant shall
provide surety for public infrastructure, landscaping, and irrigation. The
surety shall be based on a cost estimate that is signed and sealed by an
engineer and landscape architect licensed in the State of Florida. The
surety shall 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. The form of surety shall be as required by the City Attorney.
(City Engineer) SATISFIED
Prior to the issuance of the first land clearing permit, the Applicant shall
provide a cost estimate for all other on-site improvements which do not
include public infrastructure, landscaping, and irrigation costs. The cost
estimate shall be signed and sealed by an engineer licensed in the State of
Florida and shall be posted with the City prior to the issuance of the first
building permit. (City Engineer) SATISFIED
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Date Prepared: September 29,2008
Resolution 100, 2008
The Applicant shall comply with all Federal Environmental Protection
Agency and State of Florida Department of Environmental Protection permit
requirements for construction activities. (City Engineer)
Prior to the issuance of the first land clearing permit, the Applicant shall
submit signed and sealed construction plans with all calculations by an
engineer licensed in the State of Florida. (City Engineer) SATISFIED
Prior to construction plan approval, the Applicant shall schedule a pre-permit
meeting with City staff. (City Engineer) SRTISFIED
Prior to the issuance of the first land clearing permit, the Applicant shall
provide a paving, grading, and drainage plan along with surface water
management calculations and hydraulic pipe calculations for City review and
approval. The paving, grading, and drainage plan and calculations shall be
signed and sealed by an engineer licensed in the State of Florida. (City
Engineer) SATISFIED
Prior to the issuance of the first land clearing permit, the Applicant shall
provide a letter of authorization from the utility companies allowing
landscaping within their easements. (City Engineer) SATISFIED
The construction, operation, andlor maintenance of any elements of
Gardens Pointe shall not negatively impact the existing drainage of the
surrounding areas. If at any time during development it is determined by
City staff that any of the surrounding areas are experiencing negative
drainage impacts caused by the developmlent of Gardens Pointe, it shall be
the Applicant’s, successors’, or assign$’ responsibility to resolve said
impacts in a period of time and a mannar acceptable to the City. If said
impacts are not remedied in a time period and manner acceptable to the
City, the City may cease issuing building permits and/or Certificates of
Occupancy until all drainage concerns are resolved. (City Engineer)
No building permits shall be issued until a Boundary Plat has been
approved, which Plat shall include any Perpetual Public Access
Easements (PPAE) for the areas between the proposed buildings and the
Lake before the issuance of the first building permit. The Applicant shall
replat the site to include all easements aind site encumbrances within 90
days of the issuance of the second Certificate of Occupancy. (City
E ng i nee r) SATIS FI ED
The City shall perform, at the cost of the Applicant, an annual parking
study to determine actual parking demand at the site. The actual
demand will be compared to the actual supply to determine if the
provided parking supply is adequate to accommodate existing demand
and demand at build out. This calculation will include an appropriate
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Date Prepared: September 29, 2008
Resolution 100, 2008
buffer between parking supply and demiand as recommended by the
Institute of Transportation Engineers, Urban Land Institute, or other
recognized published traffic engineering organizations or resources.
The first annual parking study will be performed when determined
necessary by the Growth Management Administrator. Additional
parking studies will be performed on an annual basis until such time as
Certificates of Occupancy have been issued for 80% of the approved
square footage of the project, and for two years thereafter, if determined
necessary by the Growth Management Administrator. The study shall
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)
23. Should the parking study conclude that the available on-site parking is
90% or more occupied (hereinafter referred to as the Failed Parking
Study), then the Applicant shall initiate construction of a parking garage
as shown on the alternate site plan referenced herein as page G-I of
the Site Plan documents. When the on-site parking is determined to be
90% or more occupied, the shared parking study provided by the
Applicant shall be considered null and void, and the Applicant shall
construct a parking garage to provide the parking required by the City
Land Development Regulations based on the constructed usages and
square footage without the benefit of the shared parking analysis. (City
Engineer)
24. The parking garage design shall be started within 30 days’ notification
by the City after receipt of the Failed Parking Study. The City shall be
provided 30% and 90% design drawings for comment. All appropriate
standards and the City LDRs shall be incorporated into the final design.
Construction of the parking garage shall begin within 180 days of the
City’s notification of the Failed Parking Study. The date for completion
of the parking garage shall be determined by the City Engineer. Should
the parking garage not be completed on time, the occupancy of the
hotel will be limited to 75% of the constructed rooms until the garage is
completed. Documentation shall be made available to the Growth
Management Administrator as and when requested to verify the limited
occupancy. (City Engineer)
25. Prior to the issuance of the first Certificate of Occupancy, the Applicant
shall provide to the City surety, in a form acceptable to the City
Attorney, as necessary to secure 110% of the cost of construction of the
parking garage. The City shall not release any surety provided by the
Applicant for the parking garage for the period the parking studies are
required by Condition 22. (City Engineer)
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Date Prepared: September 29, 2008
Resolution 100, 2008
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26. The Applicant shall grant to the City a temporary construction easement
20 feet wider than the proposed footprint of the parking garage, as
reflected on the “Alternate Site Plan,” page G-1”. Said easement shall
be conveyed to the City by a separate inistrument prior to the issuance
of the Certificate of Occupancy for the hotel. (City Engineer)
27 The City is expediting the construction of the traffic signalization at
Kyoto Gardens Drive and Lake Victoria Gardens Avenue, which
signalization is the obligation of the Applicant. The Applicant shall
reimburse the City for the costs of signalization within 45 days of notice
by the City Engineer. Failure of the Applicant to reimburse the costs in
a timely manner will result in the suspension of the issuance of building
permits and suspension of all inspections of work being performed on
the site. The City shall reimburse the Applicant to the extent it collects
pro-rata costs from other developments. [City Engineer)
Police Department
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Metal halide lighting shall be used for ail1 street, walkways, and parking
garage lighting. (Police Department)
Lighting locations and building addresses shall not conflict with
landscaping, including long-term tree canopy growth. All light poles on
site shall not exceed a height of 25 feet in the parking lot and 14 feet in
pedestrian pathways. (Police Department)
Prior to the issuance of the first Certificate of Occupancy-,
all numerical addresses shall be placed at the front of each building. Each
numerical address shall be illuminated for nighttime visibility, shall provide
bi-directional visibility from the roadway (when applicable), shall consist of
8-inch numbers in height, and shall be a different color than the color of
the surface to which they are attached. The Applicant shall provide a
document that reflects a street address system depicting street names and
numerical addresses for emergency response purposes. Address system
depiction shall be in 8.5 X 11” map format. (Police Department)
Prior to the issuance of a building permit for the contingency garage, the
Applicant shall submit a photometric plan that complies with Illumination
Engineering Society of North America (IESNA) standards for the parking
garage, subject to review and approval by the City Engineer. (Police
Department)
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Date Prepared: September 29, 2008
Resolution 100, 2008
Prior to the issuance of the Mbuilding permit for the contingency parking
garage, the Applicant shall develop a security plan for the parking garage,
acceptable to the Police Department, whiah shall include pre-wiring for the
installation of a high-resolution, low-lux color digital video system, with
monitoring and photo processing picture or video printout capabilities.
(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 for the site.
(Police Department) SATISFIED
Prior to the issuance of the first Certificate of Occupancy
the Applicant shall install a video camerlil in all elevators, subject to the
approved security plan. (Police Department)
Prior to the issuance of the building permit for the parking garage, the
Applicant shall install a direct ring emergency telephone on each parking
garage level, with the locations and connection system determined and
approved by the Police Department. (Police Department)
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Prior to the issuance of the building permit for each building, 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)
At no time shall stacking of construction andlor service vehicles occur in a
public right-of-way. (Planning & Zoning)
The Applicant shall be required to notify the City’s Public Works Division
via fax at least 10 working days prior to the commencement of any
workiconstruction activity within any public right-of-way within the City. In
the case of a City right-of-way, the property owner 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 this condition
may result in a Stop Work Order of all woirkiconstruction activity within the
public right-of-way and the subject site. (Public Works)
The City shall release the Letter of Credit in the amount of $500,000 and
shall terminate the agreement with the Applicant. (City Attorney)
SATISFIED
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Date Prepared: September 29, 2008
Resolution 100, 2008
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The Applicant shall provide a bridge connection to the west side of the
lake bank from the subject site. The bridge shall be consistent in style
and design to the approved bridge on the north end of the lake. Prior to
issuance of the second building permit, the Applicant shall submit for
administrative review and approval the briidge plan and cost estimate for
a bond. Prior to the issuance of the first Certificate of Occupancy, the
Applicant shall provide a surety in a form acceptable to the City
Attorney in the amount of 110% of the cost of the construction of the
bridge. (Planning & Zoning)
.. The lake bridge shall be installed 3 within six ($) months of the date of this
approval (no later than Mav 6, 2009). The Applicant shall be permitted
one three month time extension provided a permit has been issued for
the construction of the bridge and the Applicant is moving forward with
timelv inspections. (Planning & Zoning)
Bv Mav 6, 2009 (six (6) months from the effective date of this
Resolution),Tihe Applicant shall provide the same light fixtures on its
site and within the PPAE that are provided on the Landmark site.
(Development Compliance)
Prior to the issuance of the first building permit, the Applicant shall
submit a photometric plan for the site that complies with the City’s Land
Development Regulations, subject to review and approval by the City
Engineer. (City Engineer)
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38 3. Section 78-285, Permitted signs, to allow the hotel building signage to be
39 placed above the sixth floor line and the office building signage to be
40 placed above the fourth floor line.
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42 4. Section 78-285, Permitted signs, to allow two additional building
43 identification signs for the hotel, one additional building identification sign
44 for the office building, and one additional building identification sign for the
45 bank building.
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SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following four (4) waivers:
1. Section 78-184, Height of buildings, to allow for a maximum building
height of 87 feet for the hotel building and 80 feet for the office building.
Section 78-320, Foundation landscaping, to allow for reduced foundation
planting widths for the hotel building at 26.1 feet and the office building at
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Date Prepared: September 29, 2008
Resolution 100, 2008 ,
SECTION 4. This site plan approval shall be in compliance with the following
plans on file with the City’s Growth Management Department:
1. Site Plans and Preliminary Paving, Grading, and Drainage Plan, Sheets S-
I and SP-1 through SP-7 and Sheets C-I through C-13, Craven,
Thompson, and Associates, July 17, 2007.
2. Site Landscape Plans, Sheets LP-1 through LP-8, Intuitive Design Group,
July 16, 2007.
3. Architectural Elevations, Roof Plans, Floor Plans: Sheets H-I through H-5,
0-1 through 0-2, B-I, and G-I, dated May 22, 2007, Oliver, Glidden,
Spina & Partners.
4. Site Photometric Plans, Sheets LT-1 through LT-7, Intuitive Design Group
(IDG) & SJ Bramley, Inc., dated May 7, 2007.
5. Survey, Lidberg Land Surveying, Inc., May 2, 2007.
SECTION 5. This approval shall be consistent with all representations made by
the Applicant or Applicant’s agents at any workshop or public hearing.
SECTION 6. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: September 29, 2008
Resolution 100, 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:
R. Max Lohman, Interim City Attorney
VOTE: -- AYE NAY ABSENT
MAYOR JABLIN ---
VICE MAYOR LEVY ---
COUNCILMEMBER RUSSO ---
COUNCILMEMBER BARNETT ---
COUNCILMEMBER PREMUROSO - -
46 47 G:\a~orney-share\RESOLUTIONSL2OOS\Gardens Pointe- reso 1 00 2008.doc
11
KOLTER
I I
T (561) 682 9500
F (561) 682 1050
www. kolter.com I 1601 Forum Place
Suite 805
West Palm Beach, FL 33401 I
September 15,2008
Planning & Zoning Division, Growth Management Department
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
Re: Development Application for time extension
Gardens Pointe Development, LLC (“G.P.D”)
G.P.D. has filed a Development Application requesting a time extension for completion of certain offsite
improvements required to be built on private property not owned by G.P.D. The process of attempting
to obtain permission to construct improvement on the private property of others has taken longer than
expected since this permission is outside of the control of either G.P.D. or the City of Palm Beach
Gardens.
G.P.D. is ready willing and able to install these improvements once permission is obtained through
private negotiations or otherwise. We have already posted surety (by Letter of Credit) with the City of
Palm Beach Gardens to assure construction of these improvements.
Thank you for your assistance in this matter.
Sincerely,
Gardens Pointe Development, LLC
,
I
CITY OF PALM BEACH GARDENS
DEVELOPMENT APPLICATION
Planning and Zoning Division
Growth Management Department
CITY OF PALMBEACH GARDENS
10500 North Military Trail
Palm Beach Gardens, FL 33410
(56 1)799-4243 Fax (56 1)799-428 1
Request:
- Planned Community Development (PCD) - Planned Unit Development (PUD) - Amendment to PCD, PUD or Site Plan - Conditional Use
- Amendment to the Comprehensive Plan
- Administrative Approval ZMiscellaneous
- Administrative Appeal - Other
- Annexat ion
- Rezoning
- Site Plan Review
- Concurrency Certificate
Time Extension
Date Submitted Seutember 12,2008
Project Name: Gardens Pointe
Owner: Gardens Pointe DeveloDment, LLC Address: 1601 Forum Place. Suite 805, W.P.B. FL 33401
Applicant (if not Owner):
Applicant’s Address: TeleDhone No. 561.682.9500
Contact Person: Matthew Hornberaer
Agent’s Mailing Address: 1601 Forum Place, Suite 805, West Palm Beach, Florida 33401
Agent’s Telephone Number: 561.715.9346
Email: mhornberner@kolter.com
Fax No.: 561.694.5829
FOR OFFICE USE ONLY
Petition Number:
Fees Received
Date & Time Received:
Application $ Engineering $
Receipt Number:
1
Architect: PFVS Architects, Inc.
Engineer: ONM&J Engineers
Planner: Gentile. Holloway, O’Mahonev
Landscape Architect: I.D.G., Inc.
Site Information:
Phone Number: 404.503.5000
Phone Number: 561 335.9994
Phone Number: 561.575.9557
Phone Number: 772.263.0770
Note: Petitioners shall submit electronic digital files of
approved projects. See attachment for details.
General Location: Corner of Fairchild Gardens Drive and Kyoto Gardens Drive
Address: 3503 Kyoto Gardens Drive. Palm Beach Gardens. Florida 33410
Section: 52 Township: 43 Range: 42
Property Control Number(s):
Acreage: 6.64 Current Zoning: Requested Zoning:
Flood Zone:
Current Comprehensive Plan Land Use Designation:
Existing Land Use:
Proposed Use(s) Le. hotel, single family residence, etc.: Hotel / Ofice / Bank
Proposed Square Footage by Use: Hotel: 116,000 SF / Office 37.500 SF / Bank 4,000 SF
Proposed Number and Type of Dwelling Unit(s) i.e. single family, multifamily, etc. (if applicable):
52-43-42-06-2 1-000-00 10
Base Flood Elevation (BFE) - to be indicated on site plan 15
Requested Land Use: Hotel / Office Complex
Justification
2
Information concerning all requests (attach additional sheets if needed.)
{Section 78-46, Application Procedures, Land Development Regulations}
1. Explain the nature of the request: Regarding Resolution 76.2007, the owner is seekina relief from the
following - conditions of approval; 1.4.540.4 1.42, onlv on the portions of these that require the installation
of improvements on propertv not owned or controlled bv the owner. Upon the securing of permission or
right, through reasonable means. to install the required improvements, the owner agrees to complete the
required improvements in a timelv manner and in no more than six months from the date Dermission or
right is granted. All consequences related to these conditions will be adiusted accordingly.
~~ ~~ ~~ ~
2. What will be the impact of the proposed change on the surrounding area? The onlv impact will be the
possible delav of certain lake Dark elements being completed.
3. Describe how rezoning request complies with the City’s Vision Plan and the following elements of the
City’s Comprehensive Plan - Future Land Use, Transportation, Housing, Infrastructure, Coastal
Management, Conservation, Recreation and Open space, Intergovernmental Coordination and Capital
Improvement.
The reauest will maintain the Citv’s intent for the ultimate lake park improvements, while allowing the
Owner to operate commercial improvements that may he comulate prior to the Owner’s abilitv to install
the improvements.
4. How does the proposed project comply with City requirements for preservation of natural resources
and native vegetation (Section 78-30 1 , Land Development Regulations)?
Does not apply.
5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78-
26 1 , Land Development Regulations?
This Request Does not affect the Art in Public Places reauirements.
6. Has the project received concurrency certification?
Date received:
Lepal Description of the Subiect Property
(Attach additional sheets if needed)
Or see attached deed for legal description. 42L..
Location
The subject property is located approximately mile(s) from the intersection of
, on the north, east, south, west side of
(streethoad).
Statement of Ownership and Desipnation of Authorized Apent
Before me, the undersigned authority, personally appeared Robert Vail who, being by me first duly
sworn, on oath deposed and says:
4
1. That hdshe is the fee simple title owner of the property described in the attached
Legal Description.
2. That hdshe is requesting in the
City of Palm Beach Gardens, Florida.
3. That he/she has appointed to act
as authorized agent on hidher behalf to accomplish the above project.
Name of Owner:
StreetAddress
P. 0. Box City, State, Zip Code
- 93m &&z-/&
Telephoie Number FaxNumber
E-mailAddress 0 flAcd-a-Qk& IUS a-
Sworn and subscribed before me this Is day of &?& 9ZtoR-
V No% Public
My Commission expires:
5
Applicant’s Certification
We affirm and certify that I/we understand and will comply with the land development regulations of
the City of Palm Beach Gardens, Florida. I/WE further certify that the statements or diagrams made on
any paper or plans submitted herewith a~ true to the best of my/our knowledge and belief. Further,
I/we understand that this ap es become a part of the
official records of the City of Palm Beach
Applicant is:
LOwner
-Optionee
Lessee
Agent
City, State, Zip Code
Telephone Number
- Contract Purchaser &/G’ZZ-- DXJ
Fax Number
6
Palm Beach Gardens Growth Manegement Department
10500 North Mi/itaty Trail, Pah Beach Gardens, FL 33470
Financial Restmsibilitv Form
The owner understands that all City-incurred professional fees and expenses associated with the
processing of this application request are ultimately the responsibility of the owner. A security
deposit shall be deposited in an interest-bearing account with any amed interest to be retained by the
City of Palm Beach Gardens.
The owner andlor designee shall be invoiced on a monthly basis for professional fees such as, but not
limited to, consultant engineering setvices, legal services, advertising costs, and/or any other costs
attributable to the processing of the permit for which the City inwmd during the previous month. The
owner and/or designee shall reimburse the City within thirty (30) days from date of invoice. If payment is
not received, the City may utilize the security deposit for re-imbursement purposes. All activities related
to the pending pennIt(8) will cease until any outstanding invoiees are paid.
The ownerldeslgnee further understands thrt transfer of this responsibility shall require a
completed form, signed and notarized by the responsible party, and delivered to the CHy Growth
Man8g~11ent Department if the name andlor 8ddmss ofthe reslponslble party changes at anytime
9 P5
Ownerprinted name
Designee Acceptance SQnatum
NOTARY ACKNOWLEDGEMENT
STATEOF
COUNTYOF %\ .hnu
instrument was acknowledged before me this \5 day of . He or she is personally known
asidentification. --I
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Y LISA S. WEBB Notary public sQnature t 9 COmmffoDoseeoao: 9
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,8,m ,,,,,. 8,.8nlnal-~-"~m" Printed name :
State of at-large My Commission expires:
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Date Prepared: July 24,2007
Amended at August 16, 2007 Meeting
RESOLUTION 76,2007
A RESOLUTION OF THE CITY COUNCIL (IF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AMENDED SITE
PLAN FOR GARDENS POINTE TO ALLOW THE DEVELOPMENT
OF A 175-ROOM SIX (6) STORY HOTEL, A FOUR (4) STORY
37,500-SQUARE-FOOT OFFICE BUILDING, AND A ONE (1) STORY
4,000-SQUARE-FOOT OUT PARCEL BANK ON A 6.64-ACRE SITE
LOCATED AT THE NORTHWEST CORNER OF KYOTO GARDENS
DRIVE AND FAIRCHILD GARDENS AVENUE WITHIN THE
REGIONAL CENTER DEVELOPMENT OF REGIONAL IMPACT
(DRI), AS MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING CONDITIONS OF APPROVAL; PROVIDING WAIVERS;
AND PROVIDING AN EFFECTIVE DATE.
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 received petition SP-05-01 from Gentile, Holloway, and
O’Mahoney, agent for Gardens Pointe LLC, for site plan approval of 214 residential
condominium high-rise units, within two twelve-story towers, and 26 townhouse units on
an approximately 6.64-acre site located at the northwest corner of Kyoto Gardens Drive
and Fairchild Gardens Avenue, which was approved through the adoption of Resolution
44,2006; and
WHEREAS, the City received petition SPLA-07-02-000003 from Gentile,
Holloway, and O’Mahoney, agent for Gardens Pointe LLC, for approval of a site plan
amendment to allow a 1 75-room, six-story hotel, a foulrstory 37,500-square-foot office
building, and a one- story 4,000-square-foot out parcel bank on an approximately 6.64-
acre site located at the northwest corner of Kyoto Gardens Drive and Fairchild Gardens
Avenue, as more particularly described herein; and
WHEREAS, on June 26, 2007, the Planning, Zoning, and Appeals Board
reviewed the subject petition 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 deemed approual of this Resolution to be in the
best interest of the citizens and residents of the City of Palm Beach Gardens.
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Date Prepared: July 24, 2007
Resolution 76,2007
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 site plan for Gentile, Hollowz~y, and O'Mahoney, agent for
Gardens Pointe LLC, is hereby AMENDED on the following described real property to
permit a 175-rooml six story hotel, a four story 37,500-square-foot office building, and a
one-story 4,000-square-foot out parcel bank on an approximately 6.64-acre site located
at the northwest comer of Kyoto Gardens Drive and Fairchild Gardens Avenue, subject
to the conditions of approval contained herein, which are in addition to the general
requirements otherwise provided by ordinance:
LEGAL DESCRIPTION:
PARCEL 27.09 AND A PORTION OF 27.13, ACCORDING TO THE PLAT OF
REGIONAL CENTER PARCELS 27.09 AND 27.13, AND WATER MANAGEMENT
RECORDS OF PALM BEACH COUNTY, FLORIDA, BIEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
TRACT 3-8, AS RECORDED IN PLAT BOOK 90, PAGES 199-201, PUBLIC
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 27.09, SAID POINT
BEING THE POINT OF BEGINNING; THENCE N46'02'07"W ALONG THE WEST LINE
OF SAID PARCEL 27.09, A DISTANCE OF 247.50 FEET; THENCE N01"05'24E
ALONG SAID WEST LINE, A DISTANCE OF 163.87 FEET; THENCE N42'08'02"E
ALONG SAID WEST LINE, A DISTANCE OF 264.23 FEET; THENCE N44"02'28"E1 A
DISTANCE OF 174.91 FEET; THENCE S88'34'59El A DISTANCE OF 301.16 FEET
TO A POINT ON THE EAST LINE OF SAID PARCEL 27.13; THENCE S01"25'01"W
ALONG THE EAST LINE OF SAID PARCELS 27.13 AND 27.09, A DISTANCE OF
441 53 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST,
HAVING A RADIUS OF 570.87 FEET AND A CENTRAL ANGLE OF 04"15'01";
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 42.34
FEET; THENCE S38"18'32"Wl A DISTANCE OF 32.90 FEET TO A POINT ON THE
SOUTH LINE OF SAID PARCEL 27.09; THENCE S79'27'03"W ALONG SAID SOUTH
LINE, A DISTANCE OF 128.36 FEET TO A POINT OiF CURVATURE OF A CURVE
CONCAVE TO THE SOUTH OF WHICH THE RADIUS POINT LIES S10°32'57"E, A
RADIAL DISTANCE OF 575.87 FEET AND A CENTRAL ANGLE OF 19'30'20";
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF
196.05 FEET; THENCE S59'56'43"Wl A DISTANCE OF 98.13 FEET TO THE POINT
OF BEGINNING.
CONTAINING 289,109.89 SQUARE FEET OR 6.64 ACRES, MORE OR LESS.
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Date Prepared: July 24, 2007
Resolution 76,2007
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Plannina & Zoninq
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- 12.
- 23.
Prior to the issuance of the first Certificate of Occupancy kMhweit, the
Applicant shall install one decorative sign on each arbor bench feature,
the lake overlook, and one adjacent to Kyoto Gardens Drive within the
Perpetual Public Access Easement (PPAE). The signs on the arbors shall
face westward (towards the lake), and the sign adjacent to Kyoto Gardens
Drive shall face southward, which clearly identifies the area to pedestrians
as being for public use and enjoyment. (Plmning & Zoning)
Prior to the issuance of the first Certificate of Occupancy WPbaw-N, the
Applicant shall install a map directory sign of the lake plan within the
PPAE adjacent to the lake, which is consistent to the one approved for
Downtown at the Gardens. This directory sign shall include a color map of
the entire lake plan, which indicates a "you are here" notation, all points of
interest (benches/gazebos/bridges/plaza$/underpasses/lake overlooks),
and the boundaries of the PPAE. (Planning & Zoning)
c u.
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Date Prepared: July 24, 2007
Resolution 76,2007
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Prior to the issuance of the first Certificate of Occupancy, the Applicant shall
submit the Iwme-proDertv owners’ assouiation documents for the City
Attorney’s and City Forester’s review and approval. (Planning & Zoning, City
Attorney)
The Applicant shall have the sole responsibility of implementing and
installing the applicable portion of the Lake Improvement Plan as reflected
on the Lake Area Exhibit approved by Resolution 120, 2005. Prior to the
issuance of the first Certificate of Occupancy W+bas&+, the applicable
portion of said plan, including all amenities, shall be fully completed and
installed, as approved by the City Council, as reflected on the approved
Gardens Pointe plans. All hardscape elements, which include benches,
arbors, pathways, hardscape, and the lake overlook plaza, shall be
consistent in design with the lake plan elements approved by the City
Council for Downtown at the Gardens. (Planning & Zoning)
Prior to the issuance of the first Certificate of Occupancy kwPkse4, the
Applicant shall install the lake overlook plaza as reflected on the approved
site and landscape plans. The Applicant shall also include language in the
4eme propertv owners’ association documents that requires the
maintenance of this overlook and lake pllan, in the event maintenance
obligations have been deferred from the Regional Center DRI POA to the
Gardens Pointe HEOA. (Planning & Zoning)
All windows and doors shall be hurricane-impact resistant. (Planning &
Zoning).
Prior to the issuance of the first building permit, the Applicant shall install a
six-foot high construction fence with a dark green, black, or decorative
privacy tarp around the perimeter of the subject property. The privacy tarp
shall not include signage or advertising in accordance with Section 78-290.
(Planning & Zoning)
Prior to the issuance of the first Certificate of Occupancy for vertical
construction, the Applicant shall construct the reconfigured median at Kyoto
Gardens Drive and Fairchild Gardens Avenue, and install all approved
roadway beautification landscaping. (Planning & Zoning, City Forester)
Citv Forester
- 914. Prior to the issuance of the first Certificate af Occupancy
Applicant shall install the appkabk buffer
Sheet C-19. (City Forester)
the
as reflected on
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Date Prepared: July 24, 2007
Resolution 76,2007
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- 104.6. Prior to the issuance of the first land clearing permit, the Applicant shall
provide a signed and sealed pavement mgrking and signage plan. (City
Engineer)
47.
- 1148. The Applicant shall provide the City Engineer with copies of all
correspondences to and from regulatory agencies regarding issues on the
Gardens Pointe. (City Engineer)
- 1219. Prior to the commencement of construction v, the Applicant
shall provide all necessary construction zone signage and fencing as
required by the City Engineer. (City Engineer)
- 1328. Prior to the issuance of the first land clearing permit, the Applicant shall
provide surety for public infrastructure, landscaping, and irrigation. The
surety shall be based on a cost estimate that is signed and sealed by an
engineer and landscape architect licensed in the State of Florida. The
surety shall 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. The form of suretv shall be ,as required bv the Citv Attornev.
(City Engineer)
- 1421. Prior to the issuance of the first land clearing permit, the Applicant shall
provide a cost estimate for all other on-site improvements which do not
include public infrastructure, landscaping, and irrigation costs. The cost
estimate shall be signed and sealed by an engineer licensed in the State of
Florida and shall be posted with the City prior to the issuance of the first
building permit. (City Engineer)
- 1522, The Applicant shall comply with all Federal Environmental Protection
Agency and State of Florida Department of Environmental Protection permit
requirements for construction activities. (City Engineer)
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Date Prepared: July 24, 2007
Resolution 76, 2007
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- 1W. Prior to the issuance of the first land clearing permit, the Applicant shall
submit signed and sealed construction plans with all calculations by an
engineer licensed in the State of Florida. (City Engineer)
- 1724. Prior to construction plan approval, the Applicant shall schedule a pre-permit
meeting with City staff. (City Engineer)
- 1825. Prior to the issuance of the first land clearing permit, the Applicant shall
provide a paving, grading, and drainage plan along with surface water
management calculations and hydraulic pipe calculations for City review and
approval. The paving, grading, and drainage plan and calculations shall be
signed and sealed by an engineer licensed in the State of Florida. (City
Engineer)
- 1926. Prior to the issuance of the first land clearing permit, the Applicant shall
provide a letter of authorization from the utility companies allowing
landscaping within their easements. (City Engineer)
- 2027. The construction, operation, and/or maintenance of any elements of
Gardens Pointe shall not negatively impact the existing drainage of the
surrounding areas. If at any time during development it is determined by
City staff that any of the surrounding areas are experiencing negative
drainage impacts caused by the developmeint of Gardens Pointe, it shall be
the Applicant’s, successors’. or assigns’ , responsibility to resolve said
impacts in a period of time and a manner acceptable to the City. If said
impacts are not remedied in a time period and manner acceptable to the
City, the City may cease issuing building permits and/or Certificates of
Occupancy until all drainage concerns are resolved. (City Engineer)
30 L”.
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Date Prepared: July 24, 2007
Resolution 76,2007
Easements (PPAE) for the areas between
Lake before the issuance of the first buildiw
replat the site to include all easements and
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3a
the DrODOSed buildinas and the
permit. The ADDliCant shall
site encumbrances within 90
22. The Citv shall perform, at the cost of the Applicant. an annual parking
studv to determine actual parkina demand at the site. The actual
demand will be compared to the actual, sup~lv to determine if the
provided oarkina sup~lv is adeauate to accommodate existina demand
and demand at build out. This calculatioth will include an appropriate
buffer between parkina su~plv and demand as recommended bv the
Institute of Transportation Enaineers. Urban Land Institute, or other
recoanized published traffic enaineerina ~oraanizations or resources.
The first annual parkina studv will be oerformed when determined
necessarv bv the Growth Manaaementl Administrator. Additional
parkina studies will be performed on an annual basis until such time as
Certificates of Occupancv have been issued for 80% of the aDDr0ved
sauare footaae of the proiect. and for two Wears thereafter, if determined
necessaw bv the Growth Manaaement Administrator. The studv shall
be performed durina the peak season and durina the peak operatinq
hours on a Thursdav. Fridav. and Saturdav (with the exception of the
Christmas and Thanksaivina holidavs). or ias determined bv the Growth
Management Administrator. (Citv Engineer)
23. Should the parkina studv conclude that thie available on-site parkina is
90% or more occupied (hereinafter referfed to as the Failed Parkinq
Studv). then the Applicant shall initiate corlstruction of a parkina aaraae
as shown on the alternate site Dlan referenced herein and attached
hereto as Daae G-1 of the attached Site Plan documents. When the on-
site parkina is determined to be 90% or more occupied. the shared
parkina studv provided bv the Applicant shall be considered null and
void, and the Amlicant shall construct a Qarkina aaraae to provide the
parkina required bv the Citv Land Develobment Reaulations based on
the constructed usages and square footabe without the benefit of the
shared oarkina analvsis. (Citv Enaineer)
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Date Prepared: July 24, 2007
Resolution 76,2007
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24. The Parkina Garage desian shall be started within 30 davs' notification
by the Citv after receipt of the Failed Parkina Studv. The Citv shall be
provided 30% and 90% desian drawinas for comment. All appropriate
standards and the Citv LDRs shall be incohorated into the final desian.
Construction of the parkina aaraae shall beain within 180 davs of the
Citv's notification of the Failed Parkina Stuidv. The date for completion
of the Parkina Garaqe shall be determilned bv the Citv Enaineer.
Should the parkina aaraae not be completed on time, the occupancy of
the hotel will be limited to 75% of the constructed rooms until the
garaae is completed. Documentation shall be made available to the
Growth Management Administrator as and ,when requested to verifv the
limited occupancv.
25. Prior to the issuance of the first Certificate of Occupancv. the Applicant
shall provide to the Citv suretv. in a form acceptable to the City
Attornev, as necessarv to secure 110% of the cost of construction of the
parking aaraae. The Citv shall not release any suretv provided bv the
Applicant for the parkina garage for the aeriod of parkina studies are
required bv Condition 22. (Citv Engineer)
26. The Applicant shall grant to the Citv a temaorarv construction easement
20 feet wider than the proposed footprint of the parkina aaraae. as
reflected on the "Alternate Site Plan," pane G-1 ," attached hereto. Said
easement shall be conveved to the Citv bv a seDarate instrument prior
to the issuance of the Certificate of Ocuupancv for the hotel. (Citv
Engineer)
- 27. The Citv is expediting the construction of the traffic sianalization at
Kvoto Gardens Drive and Lake Victorila Gardens Avenue. which
sianalization is the obliaation of the Apalicant. The Applicant shall
reimburse the Citv for the costs of sianalization within 45 davs of notice
bv the Citv Engineer. Failure of the Amlidant to reimburse the costs in
a timelv manner will result in the suspension of the issuance of buildinq
permits and suspension of all inspections, of work being performed on
the site. The Citv shall reimburse the Apdlicant to the extent it collects
pro-rata costs from other developments. Nbitv Enaineer)
Police DeDartment
- 2832. Metal halide lighting shall be used for all street, walkways, and parking
garage lighting. (Police Department)
- 2933. Lighting locations and building addresses shall not conflict with
landscaping, including long-term tree campy growth. All light poles on
site shall not exceed a height of 25 feet in the parking lot and 14 feet in
pedestrian pathways. (Police Department)
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Date Prepared: July 24, 2007
Resolution 76,2007
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- 3034. Prior to the issuance of the first Certificate of Occupancy for each phase,
all numerical addresses shall be placed at the front of each building. Each
numerical address shall be illuminated for qighttime visibility, shall provide
bidirectional visibility from the roadway (when applicable), shall consist of
8-inch numbers in height, and shall be a different color than the color of
the surface to which they are attached. The Applicant shall provide a
document that reflects a street address systlem depicting street names and
numerical addresses for emergency response purposes. Address system
depiction shall be in 8.5 X 11” map format. [Police Department)
25. a
- 3138. Prior to the issuance of a building permit for the continaencv aaraae, the
Applicant shall submit a photometric plan that complies with Illumination
Engineering Society of North America (IESNA) standards for be#
parking garages, subject to review and gpproval by the City Engineer.
(Police Department)
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Date Prepared: July 24, 2007
Resolution 76,2007
n ID 1 Y. ,,
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16 - 3343. Prior to the issuance of the first building permit, the Applicant shall submit
17 a construction site security and management plan for review and approval
18 by the Police Department. Non-compliance with the approved security
19 and management plan may result in a Stop Work Order for the site.
20 (Police Department)
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22 - 3444. Prior to the issuance of the first Certificate of Occupancy for each phase,
23 the Applicant shall install a video camera in all elevators, subject to the
24 approved security plan. (Police Department)
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35 Miscellaneous
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37 - 3642. Prior to the issuance of the Wbuilding permit for -ach buildinq,
38 digital files of the approved plat shall be submitted to the Planning and
39 Zoning Division, and approved civil design and architectural drawings,
40 including floor plans, shall be submitted prior to the issuance of the first
47 Certificate of Occupancy for each phase. (GIs Manager, Development
42 Compliance Officer)
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44 - 374. At no time shall stacking of construction and/or service vehicles occur in a
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- 3241. Prior to the issuance of the Wbuilding permit for the continaencv parking
paraae, the Applicant shall develop a secuvity plan for the parking garage,
acceptable to the Police Department, which shall include pre-wiring for the
installation of a high-resolution, low-lux color digital video system, with
monitoring and photo processing picture or video printout capabilities.
w=-ew
35. Prior to the issuance of the #building permit for eask fitharking garage,
the Applicant shall install a direct ring emergency telephone on each parking
garage level, with the locations and connection system determined and
approved by the Police Department. (Police Department)
public right-of-way. (Planning & Zoning)
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Date Prepared: July 24, 2007
Resolution 76,2007
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- 3848. The Applicant shall be required to notify the City's Public Works Division
via fax at least 10 working days prior to the commencement of any
worklconstruction activity within any public right-of-way within the City. In
the case of a City right-of-way, the property owner has at least five
working days to obtain a right-of-way permik. Right-of-way permits may be
obtained at the Building Division. Failure to comply with this condition
may result in a Stop Work Order of all workdconstruction activity within the
public right-of-way and the subject site. (Pwblic Works)
.. - 39%. 1
-. The Citv Shall release the Letter of Credit
in the amount of $500.000 and shall terminate the agreement with the
ADplicant.(City Attorney)
40. The ADpliCant shall provide a bridae connection to the west side of the
lake bank from the subiect site. The bridcle shall be consistent in stvle
and desian to the approved bridae on the north end of the lake. Prior to
issuance of the second buildina permit, the Applicant shall submit for
administrative review and approval of the bridae plan and cost estimate
for a bond. Prior to the issuance of the first Certificate of Occupancv,
the Applicant shall provide a suretv in a,form acceptable to the Citv
Attornev in the amount of 110% of the cost of the construction of the
bridae. (Plannina & Zonina)
41. The lake bridae shall be installed prior to the issuance of the Certificate
of Occupancv for the hotel. (Plannina & ZcPninq)
42. The Applicant shall provide the same light,fixtures on its site and within
the PPAE that are provided on the Landmark site. (Development
Compliance)
43. Prior to the issuance of the first buildina permit. the Applicant shall
submit a photometric plan for the site that complies with the City's Land
Development Reaulations. subiect to review and approval bv the Citv
Enaineer. (Citv Enaineer)
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following #m+l-Qj four (4) waivers:
1. Section 78-184, Height of buildings, to allow for a maximum building
height of -7 feet for the hotel buildina and 80 feet for the office
buildina. .. ..
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Date Prepared: July 24,2007
Resolution 76,2007
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2. Section 78-320, Foundation landscaRinu. to allow for reduced foundation
plantinn widths for the hotel buildina at 26,l feet and the office buildina at
24 feet.
3. Section 78-285. Permitted siuns. to allow the hotel buildina sinnaae to be
placed above the sixth floor line and the office buildinn sinnaae to be
placed above the fourth floor line.
4. Section 78-285. Permitted sirms. to dlow two additional buildinq
identification sians for the hotel, one additional buildina identification sian
for the office buildina. and one additional buildina identification sian for the
bank buildina.
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Date Prepared: July 24, 2007
Resolution 76,2007
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SECTION 4. This site plan approval shall be in compliance with the following
1. Site Plans and Preliminarv Pavina, Gradina. and Drainaae Plan, Sheets
€X S-I and SP-1 through SP-7 and, Sheets C-1 throuah C-136-2,
plans on file with the City's Growth Management Department:
Craven, Thompson, and Associates, kkc.!! 22, 2906 July 17, 2007.7
2.
- 28.
- 34.
- 45.
- 56.
7
Site Landscape Plans 4 , Sheets LP-1
through LP -82, , Intuitive Design Group, Julv 16,
-1 2007 - & ??, 2W&
Architectural Elevations, Roof Plans, Floor Plans: Sheets H-I throuah HJ,
0-1 throuah 0-2. B-1, and G-IAN 2 .. ! '! ,: Ap( 2 .. 2 ! , ,W2 ..I' 2 1 4#444+ ..
Glidden. Spina & Partners.
Site Photometric Plans, Sheets LT-1 throuah LT-7. Intuitive
Desian Group (IDG) & SJ Bramlev. Inc.. ,dated Mav 7, 2007. P '!, P!H
Survey, Lidberg Land Surveying, Inc., pav 2. 2007. d4.y 2C, 2-
SECTION 5. This approval shall be consistent with all representations made by
SECTION 6. This Resolution shall become effective immediately upon adoption.
the Applicant or Applicant's agents at any workshop or public hearing.
13
Date Prepared: July 24, 2007
Resolution 76, 2007
PASSED AND ADOPTED this 16 3ay of &6 4T ,2007. 1
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9 ATTEST:
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CITY OF PALM @EA
BY:
11
12 BY: , DWW CI7V CCCiVrlC
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F~AC Patricia Snider: CMC, City Clerk
15
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17 LEGAL SUFFICIENCY
APPROVED AS TO FORM AND
UM,/ c
21 hhristine P. Tatum, City Attorney
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25 VOTE:
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27 MAYOR RUSSO
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29 VICE MAYOR LEVY
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31 COUNCILMEMBER JABLIN
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33 COUNCILMEMBER VALECHE
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35 COUNCILMEMBER BARNETT
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-- AYE NAY ABSENT
---
I/
46 47 G:bttorney-share\RESOLUTlONS\Gardens Pointe- reso 76 2007.doc.docx
14
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
c
Date Prepared: October 20,2008
Meeting Date: November 6,2008
Ordinance 28,2008
SubjecUAgenda Item:
Ordinance 28,2008: Text Amendment to the Capital Improvements Element (CIE)
Public Hearing & 1" Hearing: A City-initiated request for the adoption of amendments to the
Capital Improvements Element (CIE) of the City of Palm Beach Gardens Comprehensive Plan to
update the CIE to be consistent with the current City budget in accordance with Chapter 163.3 177,
Florida Statutes.
[XI Recommendation to APPROVE
ENY
Development
?YiZD!L Bahareh Keshavarz-Wolfs,
AICP
Growth Manage
Administrator s
Kara L. Irwin, AICP
City Engineer Ckh ,
John Donahue, P.E.
Originating Dept.:
Growth Management:
5- Project
Manager
Stephen Mayer
Sr. Planner
[ ] Quasi-Judicial
[ X 3 Legislative
[ X ] Public Hearing
Advertised:
Date: 10/22/08
Paper: PB Post
[XI Required
/
Affected parties:
[ ]Notified
[XI Not Required
Costs: $NIA
Total
$- NIA-
Current FY
Funding Source:
[ 3 Operating
[XI Other NIA
Budget Acct.#:
NA
City Council Action:
[ ]Approved
[ 3 App. w/ conditions
[ ] Denied
[ 3 Continued to:
~~
Attachments:
0 Ordinance 28,2008
0 Data and Analysis
0 Five Year Projection
0 CIE Support Document
0 Resolution 94,2005
0 Resolution 165,2005
0 Resolution 196,2004
0 Resolution 2 16,2004
0 Resolution 180,2002
0 School concurrency
service area report
0 Ordinance 3 1,2007
Other Reviewers:
Fire Chief
Stephen Stepp, Police
Date Prepared: October 20,2008
Meeting Date: November 6,2008
Ordinance 28,2008
Page 2 of 8
EXECUTIVE SUMMARY
The proposed petition is a City-initiated request to update the Capital Improvements Element (CIE)
to the City’s Comprehensive Plan. The Five-Year Schedule of Capital Improvements and Summary
of Capital Improvements Program, Tables 9A and 9B of the CIE are required to be updated annually
in accordance with Florida Statutes.
BACKGROUND
The proposed amendments to the CIE have been revised to be consistent with the recently approved
Capital Improvement Program in accordance with Chapter 163.3 177, Florida Statutes. Staff has
attached the most recently approved CIE update to the staff report (please see attachment Ordinance
3 1,2007).
The City is required by Chapter 163 of the Florida Statutes to maintain an updated Capital
Improvements Element well-coordinated with the rest of the elements of the Comprehensive Plan.
Furthermore, staff must include the Five-Year Schedule of Capital Improvements that are needed to
implement the Comprehensive Plan and ensure that adopted Level of Service (LOS) standards are
achieved or maintained. Staff is also impelled to analyze the new mandatory general components of
the Schedule: fiscal responsibility and identification of proportionate fair share projects for
transportation.
SUMMARY OF PROPOSED CAPITAL IMPROVEMENT ELEMENT AMENDMENTS
Table 9A: This Table has been updated to be consistent with the current Capital Improvement Plan.
(Attached in Ordinance 28,2008)
Table 9B: This Table has been updated to support Objective 9.1.4 concerning Palm Beach County
School District Level of Service (LOS) and proposed school construction schedules.
(Attached in Ordinance 28,2008)
STAFF ANALYSIS
Staff analyzed the following additional requirements of the annual CIE update and the consistency
with the City’s, County’s and State Comprehensive Plans, and the Strategic Regional Policy Plan.
Date Prepared: October 20,2008
Meeting Date: November 6,2008
Ordinance 28,2008
Page 3 of 8
Fiscal Responsibility
The City is required to provide the revenue sources that will be used to fund each project and
supporting data must demonstrate that sufficient revenues are currently available or will be available
from committed funding sources for projects included in the first three years of the schedule. Staff
has indicated the funding sources as part of the schedule (Table 9A). The City has transportation
projects that are not funded by expected funding sources, such as ad valorem taxes or impact fees.
The City has attached the Development Order for those development projects that will be the
expected funding source of road improvement projects (see attached “Data and Analysis”). The City
demonstrates the anticipated funding sources and expenditures (Attached “Five Year Projection”),
which illustrates that the City maintains excess revenues for every year within the planning period.
Those projects funded by expected funding sources (such as ad valorem taxes) are identified as being
funded by general funds or impact fees and have been demonstrated to be financially feasible.
Proportionate Fair Share
The City is expected to identify any project that utilizes a proportionate-share process with regard to
transportation concurrency. Currently, the City does not have any projects listed in the Schedule
utilizing a proportionate fair share process. Please be advised that pursuant to Ordinance 3 1,2006,
the City has adopted Land Development Regulations in order to adopt a proportionate-share program
as required by Florida Statutes.
Summary of De Minimis Records Report
Pursuant to Section 163.3 180 (6), Florida Statutes, the City is required to submit a summary of de
minimis records to the Department of Community Affairs (DCA) with the annual CIE update. The
summary should include the definition and approval process of developments having de minimis
impact; existing conditions and deficient road links; de minimis trip activity on all applicable road
links; and planned improvements included in the City’s CIE that resolve any existing deficiencies.
Summary of the De Minimis Impact Records: Florida Statute section 163.3 180(6) requires a report to
be included with the City’s annual updated CIE element when the city opts to adopt a de minimis
exception to traffic concurrency. The City of Palm Beach Garden’s code allows specific projects to
be exempt from traffic concurrency under certain conditions. The code, however, does not permit
the exception of concurrency based on de minimis. None of the land development projects within
the City were granted a traffic concurrency approval through an exemption based on a de minimis
Date Prepared: October 20,2008
Meeting Date: November 6,2008
Ordinance 28,2008
Page 4 of 8
determination. No summary of de minimis records is required because no de minimis based
approvals were granted.
Adoption of Projects by Reference
Pursuant to Section 163.3 177 (3)(a) Florida Statutes, Section 163.3 180( 13)(d)l Florida Statutes, and
Section 163.3 177 (6)(c), Florida Statutes, the City is required to adopt specific FDOTNPO, School
District and Water Management District (WMD) projects by reference if the City is relying on these
projects to ensure concurrency. The City shall adopt WMD projects within 18 months of the update
to the South Florida Water Management District Regional Water Supply Plan, which is an issue
included in the EAR-based amendments. However, staff must also include by reference the adopted
Palm Beach County School Board 5-Year Facilities Plan and have attached the concurrency service
area report of the County’s 5-Year Facility Plan for schools serving Palm Beach Gardens. Staff will
include by reference any FDOTMPO projects specific to meeting City concurrency, however, staff is
not aware of any FDOTMPO project specifically addressing City roadways.
CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN
The proposed CIE amendment is consistent with the Goals, Objectives and Policies contained
within the City’s Comprehensive Plan. These changes described below provide for internal
consistency between the amended CIE and the City’s Comprehensive Plan.
Transportation Element:
GOAL 2.1.1.: TO MAINTAIN SPECIFIC LEVEL OF SERVICE STANDARDS ON THE
ROADWAYS.
Staff Comment: Table 9A of the CIE proposed amendment describes several roadway links to be
constructed within the next 5 years to maintain the City’s LOS as growth occurs.
Recreation and Open Space Element:
Objective 7.1.1.: The City shall provide active and passive recreation facilities and areas for
residents of Palm Beach Gardens in a timely manner so as to comply with the LOS standards set
forth by this element and to maintain such compliance in subsequent years.
Date Prepared: October 20,2008
Meeting Date: November 6,2008
Ordinance 28,2008
Page 5 of 8
Staff comment: The proposed amendment fulfills the objective to provide Recreation and Open Space
by defining the year of the construction of certain infiastructure.
Future Land Use Element:
Objective 1.1.6.: The City’s economic base shall be expanded 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.
Staff comment: The proposed amendment fulfills the objective to provide utilities and services by
defining the year of the construction of certain infiastructure.
Public Safety Element:
Objective 10.1.2.1 The City shall provide an initial emergency fire and rescue response to all of the
urban service area in an average time of 5.0 minutes or less. This standard shall be met in 90% of all
calls and shall be measured on a district basis. The rural service area shall have an average 8.0
minute response time.
Objective 10.1.2.2 The City shall maintain an acceptable service standard index not to exceed 1,150
calls per officer per year to serve the urban area. Community policing philosophy shall be utilized in
the urban area and rural crime control strategies shall be utilized in the rural area.
Staff comment: The proposed amendment fulfills the objective to provide emergency fire, rescue and
police response by defining the year of the construction of certain in@astructure that facilitates those
objectives.
CONSISTENCY WITH PALM BEACH COUNTY COMPREHENSIVE PLAN
The proposed CIE amendment is consistent with certain Goals and Objectives within the Palm
Beach County Comprehensive Plan as demonstrated by the following listed examples from that
Plan:
Transportation Element Goal 1. A Level of Service
It is the GOAL of Palm Beach County to provide an interconnected multimodal transportation
Date Prepared: October 20,2008
Meeting Date: November 6,2008
Ordinance 28,2008
Page 6 of 8
system which moves people, goods, and services in a safe, efficient, convenient and economical
manner with minimal adverse impact to the environment.
Staff Comment: The proposed CIE amendment is consistent with Palm Beach County’s goal. The
CIE dejhes the year of the construction of certain roadway segments which allow the City and
County to meet LOS while having the development community pay its pro-rata share.
Capital Improvement Element Goal 1. Uses of the Capital Improvement Program
It is the GOAL of Palm Beach County to utilize a capital improvements program to coordinate the
timing and to prioritize the delivery of public facilities and other capital projects; a program that
supports the growth management Goal, Objectives and Policies of the Palm Beach County
Comprehensive Plan and encourages efficient utilization of its public facilities and financial
resources.
Staff Comment: The proposed CIE amendment will allow the City to coordinate with the County on
the timing of facility, infiastructure and service improvements.
CONSISTENCY WITH THE STRATEGIC REGIONAL POLICY PLAN
The proposed CIE amendment is consistent with the overall Treasure Coast Regional Planning
Council’s Strategic Regional Policy Plan as demonstrated by the following listed goals:
Regional Goal 7.3 - Reduce vulnerability to disasters and increased public safety.
Staff Comment: The proposed CIE amendment includes the scheduled construction of a City
thoroughfare roadway which will allow for an additional arterial to the State designated evacuation
roadways. The proposed CIE also has identiJied a schedule for certain public safety improvements
to improve the Police and Fire Departments.
Regional Goal 5.1 - Lives and Property which are less susceptible to disasters.
Staff Comment: The proposed CIE amendment includes scheduled improvements to the City s
drainage system to reduce the number of high water and flooding incidents.
Date Prepared: October 20,2008
Meeting Date: November 6,2008
Ordinance 28,2008
Page 7 of 8
CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN (CHAPTER 187, Florida
Statutes)
The proposed comprehensive plan text amendment is consistent with the overall intent of the
State Comprehensive Plan. The following State Goals and Policies are specific examples of
that consistency:
Public Facilities - Florida shall protect the substantial investments in public facilities that already
exist and shall plan for and finance new facilities to serve residents in a timely, orderly, and efficient
manner.
Staff Comment: The CIE amendment is consistent with the State s public facilities goal because the
City has developed and will implement a schedule ofpublic facility and infrastructure needs which
includes the anticipatedjnancing sources.
Transportation - Florida shall direct future transportation improvements to aid in the management
of growth and shall have a State transportation system that integrates highway, air, mass transit, and
other transportation modes.
Staff Comment: The proposed CIE amendment has scheduled the construction of local roadways that
allow for alternate routes to major attractors and act as reliever roads to Military Trail and PGA
Boulevard, both of which are State roads; thus reducing the need to expand either roadway.
NEARBY LOCAL GOVERNMENT COMMENTS/OBJECTIONS:
On September 20, 2008, the Palm Beach County Intergovernmental Plan Amendment Review
Committee (IPARC) was notified of the proposed amendment as a courtesy to our neighboring
communities.
PLANNING, ZONING, AND APPEALS BOARD
The Planning, Zoning, and Appeals Board reviewed the subject petition at a public hearing on
October 28,2008 and voted 7-0 to recommend approval to the City Council.
Date Prepared: October 20,2008
Meeting Date: November 6,2008
Ordinance 28,2008
Page 8 of 8
STAFF RECOMMENDATION:
Staff recommends APPROVAL of Ordinance 28, 2008, which provides for the adoption of the
proposed amendments to the Capital Improvements Element of the City’s Comprehensive Plan,
based on the following:
0 The proposed CIE amendment is consistent with the existing Goals, Objectives and Policies
of the City’s Comprehensive Plan; and
The proposed CIE amendment is consistent with the existing Goals, Objectives and Policies
of the Treasure Coast Regional Planning Council Strategic Policy Plan; and
The proposed CIE amendment is consistent with the existing Goals, Objectives and Policies
of Palm Beach County’s Comprehensive Plan; and
The proposed CIE amendment is consistent with the existing Goals, Objectives and Policies
of Florida State Comprehensive Plan (Chapter 187, Florida Statutes.)
0
0
Date Prepared: September 18, 2008
Ordinance 28, 2008
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ORDINANCE 28,2008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA ADOPTING AN AMENDMENT TO ITS
COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH
THE MANDATES SET FORTH IN SECTIONS 163.3177 AND 163.3187,
AMENDMENT WHICH PROVIDES FOR THE ANNUAL UPDATE TO
CAPITAL IMPROVEMENTS ELEMENT, INCLUDING REVISED TEXT
NECESSARY TO UPDATE TABULAR DATA IN THE CAPITAL
IMPROVEMENTS ELEMENT; PROVIDING THAT THE TEXT AND
DATA, AS AMENDED OR REVISED, SHALL BE SUBSTITUTED FOR
AND REPLACE THE EXISTING TEXT OR DATA IN THE CAPITAL
IMPROVEMENTS ELEMENT; PROVIDING FOR TRANSMITTAL TO
THE STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS
CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
ET SEQ., FLORIDA STATUTES, PURSUANT TO A CITY-INITIATED
THE FIVE-YEAR CAPITAL IMPROVEMENTS SCHEDULE WITHIN THE
WHEREAS, the City Council adopted the City of Palm Beach Gardens
Comprehensive Development Plan on January 4, 1990; and
WHEREAS, the City Council adopted Ordinance 8, 2005 on June 16, 2005,
which required an annual update of the Five-Year Schedule of Capital Improvements;
and
WHEREAS, Policy 9.1 .I .I. of the City’s Comprehensive Development Plan
requires all capital facility projects (renewal and replacement) needed to achieve and
maintain the adopted level of service and which are over $50,000 in estimated costs to
be included in the Five-Year Schedule of Capital Improvements; and
WHEREAS, the City Council has determined that it is necessary to repeal Table
9A & Table 9B of the Capital Improvements Element and readopt same, as revised in
order to update the Capital Improvements Element consistent with Policy 9.1.1.1. and
Ordinance 8, 2005; and
WHEREAS, on October 28, 2008, the Planning, Zoning, and Appeals Board,
sitting as the Local Planning Agency, recommended approval of this amendment to the
Capital Improvements Element of the Comprehensive Plan by a vote of 7-0; and
WHEREAS, the City of Palm Beach Gardens has held all duly required public
hearings and has received public input and participation through public hearings before
the Local Planning Agency and the City Council in accordance with Section 163.3184,
et seq., Florida Statutes; and
1
Date Prepared: September 18,2008
Ordinance 28, 2008
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WHEREAS, the City Council finds that this amendment is consistent with the
City’s comprehensive development plan; and
WHEREAS, the City Council desires to adopt the amendment to the current
comprehensive development plan to guide and control the future development of the
City, and to preserve, promote and protect the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The Capital Improvements Element of the City’s Comprehensive
Plan is hereby amended by repealing Tables 9A and 9B and readopting same as revised;
providing that Tables 9A and 9B shall hereinafter read as follows:
Table 9A
CITY OF PALM BEACH GARDENS
CAPITAL IMPROVEMENTS ELEMENT
(this replaces the old Table 9a)
FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS
1-
200812009 200912010 201012011 201112012 201212013 SOURCE
TRANSPORTATION
Research Parkway West of Grandiflora - $2,200,000 Developer
Research Parkway East and South of Grandiflora - $2,800,000 Developer
ResurfaceReconstruction Program $230,000 $230,000 $230,000 $230,000 $230,000 Gas Tax
Gardens Drive Tum Lanes $500,000 Impact Fees
Total $ 3,969,600 $ 7,220,700 $ 1,828,400 $ 12,079,500 $ 1,878,890
POLICE
I
- $450,000 General Fund RadioReceivedTransmitter - Westward Expansion
2
Date Prepared: September 18,2008
Ordinance 28, 2008
Total $3,564,737 $600,000 $250,000 $120,000 $755,000
FIRE RESCUE
I I
Total $223,748 $273,748 $163,748 $73,748 $73,748
<, . . 1.
DRAINAGE I 1 I I
$369,300 I $369,200 1 $368,400 I $367,000 I $369,800 1 GeneralFund 1 Stomater Debt Payments
Total $368,700 $369,300 $369,200 $368,400 $369,800
PUBLIC FACILITIES
I I I I I
Fleet Maint
Fire Rescue Unit - Replacements - $195,000 - $195,000 Fund
Total $0 $0 $195,000 $0 $195,000
PARKS ZECREATION
I I I I
3
Date Prepared: September 18,2008
Ordinance 28, 2008
Lilac Park LWCF Grant $400,000 Impact Fees
PGA Park Phase Ill-Prior Year Cany Forward $332,000 Impact Fees
PGA Park Phase IV FRDAP GRANT $400,000 Impact Fees
City Park Phase Ill FRDAP GRANT $400,000 Impact Fees
Gardens Park Sports Lighting - $1,36O,OOO General Fund
Total $4,0f5,800 $2,025,000 $420,000 $925,000 $f,360,000
Lilac Park LWCF Grant $400,000 Impact Fees
PGA Park Phase Ill-Prior Year Cany Forward $332,000 Impact Fees
PGA Park Phase IV FRDAP GRANT $400,000 Impact Fees
City Park Phase Ill FRDAP GRANT $400,000 Impact Fees
Gardens Park Sports Lighting - $1,36O,OOO General Fund
Grand Total All Elements
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$12,142,585 $4,488,748 $3,226,348 $13,566,648 $4,632,438
4
Date Prepared: September 18,2008
Ordinance 28, 2008
Table 9B
CITY OF PALM BEACH GARDENS
Summary of Capital Improvements Program
(This replaces the old Table 9b)
SDPBC Bbard Adopted, September 16, 2008
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Ordinance 28, 2008
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Rolling Green Elem ModernMim
Roosevell Full Service Modemuation
Royal Palm School Modernization
Banyan Creek Elem
Banyan Creek Elem
Belle Glade Elem Ad
Benoist Farms Elem
1.a2,sm Cholee Lake Elem PreK
Cypress Trails Elem Brl
Del Prado Elem Brick R
Ed Plant Survey C Fad
Indian Pines Elcm Addition
Indian Pines Elem PreX
&ny Thomas Elem Adaitm
JF Kennedy Middle AthleticPleb
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Ordinance 28, 2008
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SDPRC BoaEd adapted, Septemkes 10, 2068
Limestone Creek Eleni Additi
Maintenance Compound (South
Maintenanoe Compound (Wed
Maintenance Compound (West)
Manatee Elem 26,*499
10,336.652 10
Seminole Trails €le
Spanish River High
SpanisH River High
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Ordinance 28, 2008
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Maintenance Projects
Minor Projects
FYO8 Carlyover
Preventive MatntenMEe
Relowtables - Leaslg
Relocalabies - Relocation
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Mulh-Media Centers
Call Center Snftware
Classrwrn Data Cablinp
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Ordinance 28, 2008
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Ordinance 28, 2008
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ERP
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Image and RIP Creemn
IT Portal Development
School Netwolk Movaa-#&s-t%ngaa
School Wirekss Networks
Student System Aqpl~d-ad kM&bns@
Student System Enhancement
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Date Prepared: September 18,2008
Ordinance 28, 2008
SECTION 3. The City's Growth Management Administrator is hereby directed to
transmit one (1) copy of the amendment to the current Comprehensive Development Plan
to the State Land Planning Agency within ten (IO) working days of adoption, along with a
copy of the executed adopting ordinance, ordinance effective date, a copy of the public
hearing notice and all other necessary documents in accordance with Section 163.3187, et
seq., Florida Statutes. A copy of the above shall also be sent to the Treasure Coast
Regional Planning Council and to any other unit of local government that has filed a written
request for same.
SECTION 4. All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
SECTION 5. Should any section or provision of this Ordinance or any portion
thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the remainder of this Ordinance.
SECTION 6. 'This amendment shall become effective thirty-one (31) days after
adoption. No development orders, development permits or land uses dependent on this
amendment may be issued or commence before it has become effective. If the
Ordinance is timely challenged by an "affected person" as defined in Chapter 163,
Florida statutes, the amendment does not become effective until a final order is issued
finding the amendment in compliance.
(The remainder of this page left intentionally blank)
12
DATA AND ANALYSIS
Staff analyzed the following additional requirements of the annual CIE update and the
consistency with the City’s, County’s and State Comprehensive Plans, and the Strategic Regional
Policy Plan.
Fiscal Responsibility
The City is required to provide the revenue sources that will be used to fund each project and
supporting data must demonstrate that suficient revenues are currently available or will be
available from committed funding sources for projects included in the first three years of the
schedule. StafT has indicated the funding sources as part of the schedule (Table 9A). The City has
transportation projects that are not funded by expected funding sources, such as ad valorem taxes
or impact fees. The City has attached the Development Order for those development projects that
will be the expected funding source of road improvement projects (see attached “Data and
Analysis”). The City demonstrates the anticipated funding sources and expenditures (Attached
“Five Year Projection”), which illustrates that the City maintains excess revenues for every year
within the planning period. Those projects funded by expected funding sources (such as ad
valorem taxes) are identified as being funded by general hds or impact fees and have been
demonstrated to be financially feasible.
Proportionate Fair Share
The City is expected to identify any project that utilizes a proportionate-share process with
regard to transportation concurrency. Currently, the City does not have any projects listed in the
Schedule utilizing a proportionate fair share process. Please be advised that pursuant to
Ordinance 3 1, 2006, the City has adopted Land Development Regulations in order to adopt a
proportionate-share program as required by Florida Statutes.
Summary of De Minimis Records Report
Pursuant to Section 163.3180 (6), F.S. Statutes, the City is required to submit a summary of de
minimis records to the Department of Community Affairs (DCA) with the annual CIE update.
The summary should include the definition and approval process of developments having de
minimis impact; existing conditions and deficient road links; de minimis trip activity on all
applicable road links; and planned improvements included in the City’s CIE that resolve any
existing deficiencies.
Summary of the De Minimis Impact Records: Florida Statute section 163.3180(6) requires a
report to be included with the City’s annual updated CIE element when the city opts to adopt a
de minimis exception to traffic concurrency. The City of Palm Beach Garden’s code allows
specific projects to be exempt from traffic concurrency under certain conditions. The code,
however, does not permit the exception of concurrency based on de minimis. None of the land
development projects within the City were granted a traffic concurrency approval through an
exemption based on a de minimis determination. No summary of de minimis records is required
because no de minimis based approvals were granted.
Adoption of Projects by Reference
Pursuant to Section 163.3177 (3)(a) F.S., Section 163.3180(13)(d)l F.S., and Section 163.3177
(6)(c), F.S. Statutes, the City is required to adopt specific FDOTMPO, School District and
Water Management District (WMD) projects by reference if the City is relying on these projects
to ensure concurrency. The City shall adopt WMD projects within 18 months of the update to the
South Florida Water Management District Regional Water Supply Plan, which is an issue
included in the EAR-based amendments. However, staff must also include by reference the
adopted Palm Beach County School Board 5-Year Facilities Plan and have attached the
concurrency service area report of the County’s 5-Year Facility Plan for schools serving Palm
Beach Gardens. Staff will include by reference any FDOTMPO projects specific to meeting City
concurrency, however, staff is not aware of any FDOT/MPO project specifically addressing City
roadways.
CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN
The proposed CIE amendment is consistent with the Goals, Objectives and Policies
contained within the City’s Comprehensive Plan. These changes described below provide
for internal consistency between the amended CIE and the City’s Comprehensive Plan.
Transportation Element:
GOAL 2.1.1.: TO MAINTAIN SPECIFIC LEVEL OF SERVICE STANDARDS ON THE
ROADWAYS.
Staff Comment: Table PA of the CIE proposed amendment describes several roadway links to be
constructed within the next 5 years to maintain the City’s LOS as growth occurs.
Recreation and ODen Space Element:
Objective 7.1.1.: The City shall provide active and passive recreation facilities and areas for
residents of Palm Beach Gardens in a timely manner so as to comply with the LOS standards set
forth by this element and to maintain such compliance in subsequent years.
Staff comment: The proposed amendment firfills the objective to provide Recreation and Open
Space by defining the year of the construction of certain inpastructure.
Future Land Use Element:
Objective 1.1.6.: The City’s economic base shall be expanded 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.
Staff comment: The proposed amendment filfdls the objective to provide utilities and services by
defining the year of the construction of certain in9astructure.
Public Safetv Element:
Objective 10.1.2.1 The City shall provide an initial emergency fire and rescue response to all of
the urban service area in an average time of 5.0 minutes or less. This standard shall be met in
90% of all calls and shall be measured on a district basis. The rural service area shall have an
average 8.0 minute response time.
Objective 10.1.2.2 The City shall maintain an acceptable service standard index not to exceed
1,150 calls per officer per year to serve the urban area. Community policing philosophy shall be
utilized in the urban area and rural crime control strategies shall be utilized in the rural area.
Staff comment: The proposed amendment fuIfiIls the objective to provide emergency fire, rescue
and police response by defining the year of the construction of certain inpastructure that
facilitates those objectives.
CONSISTENCY WITH PALM BEACH COUNTY COMPREHENSIVE PLAN
The proposed CIE amendment is consistent with certain Goals and Objectives within the
Palm Beach County Comprehensive Plan as demonstrated by the following listed examples
from that Plan:
Transportation Element Goal 1. A Level of Service
It is the GOAL of Palm Beach County to provide an interconnected multimodal transportation
system which moves people, goods, and services in a safe, efficient, convenient and economical
manner with minimal adverse impact to the environment.
Staff Comment: The proposed CIE amendment is consistent with Palm Beach County’s goal.
The CIE defines the year of the construction of certain roadway segments which allow the City
and County to meet LOS while having the development community pay its pro-rata share.
Capital Improvement Element Goal 1. Uses of the Capital Improvement Program
It is the GOAL of Palm Beach County to utilize a capital improvements program to coordinate
the timing and to prioritize the delivery of public facilities and other capital projects; a program
that supports the growth management Goal, Objectives and Policies of the Palm Beach County
Comprehensive Plan and encourages eficient utilization of its public facilities and financial
resources.
Staff Comment: The proposed CIE amendment will allow the City to coordinate with the County
on the timing of facility, infrastructure and service improvements.
CONSISTENCY WITH THE STRATEGIC REGIONAL POLICY PLAN
The proposed CIE amendment is consistent with the overall Treasure Coast Regional
Planning Council’s Strategic Regional Policy Plan as demonstrated by the following listed
goals:
Regional Goal 7.3 - Reduce vulnerability to disasters and increased public safety.
Staff Comment: The proposed CIE amendment includes the scheduled construction of a City
thoroughfare roadway which will allow for an additional arterial to the State designated
evacuation roadways. The proposed CIE also has identiJied a schedule for certain public safety
improvements to improve the Police and Fire Departments.
Regional Goal 5.1 - Lives and Property which are less susceptible to disasters.
Staff Comment: The proposed CIE amendment includes scheduled improvements to the City’s
drainage system to reduce the number of high water and flooding incidents.
CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN (CHAPTER 187,
Florida Statutes)
The proposed land-use amendment is consistent with the overall intent of the State
Comprehensive Plan. The following State Goals and Policies are specific examples of that
consistency:
Public Facilities - Florida shall protect the substantial investments in public facilities that
already exist and shall plan for and finance new facilities to serve residents in a timely, orderly,
and efficient manner.
Staff Comment: The CIE amendment is consistent with the State’s public facilities goal because
the City has developed and will implement a schedule of public facility and infrastructure needs
which includes the anticipatedfinancing sources.
Transoortation - Florida shall direct future transportation improvements to aid in the
management of growth and shall have a State transportation system that integrates highway, air,
mass transit, and other transportation modes.
Staff Comment: The proposed CIE amendment has scheduled the construction of local roadways
that allow for alternate routes to major attractors and act as reliever roads to Military Trail and
PGA Boulevard, both of which are State roads; thus reducing the need to expand either
roadway.
NEARBY LOCAL GOVERNMENT COMMENTS/OBJECTIONS:
On September 20, 2008, the Palm Beach County Intergovernmental Plan Amendment Review
Committee (IPARC) was notified of the proposed amendment as a courtesy to our neighboring
communities.
Revenues
Revenues
Expenditures
Personnel & Operating
Capital Outlay
Debt Service
Tiansfem
Subtotal Expenditures
JMPAC~UNII S
Revenues
FLEET FUND.
Revenues
Expenditures
Ptrsonnel& Operating
Transfers
TOTAL REVENUES
TOTAL EXPENDITURES
Balance Canyforward
Current Year Change
Ending Balance
29.09 2010 2011 2
1
8 858 18 47
,007 5 7
4,018 2,210,490
4,191
City of Palm Beach Gardens
Impact Fee Analysis by Fund
' 5 Year Projections
Recreation Impact Fund Analysis
2009 201 0 201 I 2012 2013
Total Commercial Impact Fees 303,900.00
Total Residential Impact Fees 360.985 00 1.418,828.00 837,066.67 837,066.67 637.066.67
Total Impact Fee Revenue 360,985.00 1,418,828.00 837,066.67 1,140,966.67 837,066.67
Total Other Revenue 648,965.00
Total Revenue 1,009,950.00 1.418.828.00 837,066.67 1,140,966.67 837,066.67
Capital Projects 2,200,000 1,500,000
Balance Carryforward 1,526,104.00 336,054.00 254,882.00 1,091,948.67 2,232,915.33
Current Year Change (1,190,050.00) (81,172.00) 837,066.67 1,140.966.67 837.066.67
Ending Balance 336,054.00 254.862.00 1,091,948.67 2,232.915.33 3,069,982.00
Police Impact Fund Analysis
2009 2010 2011 2012 2013
Total Commercial impact Fees 80,661.92 33,232.49 50,836.44 90.241.27 65,292.36
Total Residential Impact Fees 189,225.28 111,637.33 111,637.33 111,637.33
Total ImDact Fee Revenue 80,661.92 222.457.77 162.473.77 201.878.60 176,929.69
Total Other Revenue 2,629,832.00
Total Revenue 2,710,493.92 222,457.77 162,473.77 201,878.60 176,929.69
Capltal Projects 2,600,000 500,000 250,000
Balance Carrvforward 1.350.802.00 1.461.295.92 1.183.753.69 1.096.227.46 1.298.106.06
Current Yearkhange 110.493.92 (277,542.23) (87,526.23) 201.878.60 176,929.69
Ending Balance 1,461,295.92 1,183,753.69 1,096,227.46 1,298,106.06 1,475,035.76
Flre Impact Fund Analysls
2009 2010 2011 2012 2013
Total Commercial Impact Fees 237,178.90 143,912.72 192.745.60 287,893.33 190.297.00
Total Residential Impact Fees 217,412.00 128,268.67 128,266.67 128266.67
Total Impact Fee Revenue 237,178.90 361,324.72 321,012.26 416,160.00 318,563.66
Total Other Revenue 12,786.00
Total Revenue 249,964.90 361,324.72 321.012.26 416,160.00 318,563.66
Capltal Projects 110,000.00
Debt Service 76,911.00
Transfen 600.000,M)
Total Expenditures 676,911.00 110,000.00
Balance Carryforward 769.913.00 342.966.90 594291.62 915.303.88 1,331.463.88
Current Year Change (426.946.10) 251,324.72 321.012.26 416.160.00 318,563.66
Ending Balance 342.966.90 594.291.62 915.303.88 1,331,463.88 1,650,027.55
Road Impact Fund Analysis
2009 2010 2011 2012 2013
Total Commercial Impact Fees 740,646.81 407,436.19 419.867.05 522,746.67 485.663.25
Total Residential Impact Fees 664,892.00 392,268.67 392.266.67 392,266.67
Total impact Fee Revenue 740.646.81 1.072.328.19 812,133.72 915,013.33 877,929.91
Total Other Revenue 170.749.00
Total Revenue 911,395.81 1,072,328.19 812,133.72 915,013.33 877,929.91
Capital Projects 757,000.00 500.000.00 1.000,OOO.OO 500,000.00
Debt Servlce (Transfers) 702.802.00 691,677.00 699.440.00 700.490.00 699.890.00
Total Expendlturer 1,459.802.00 691,677.00 1,199,440.00 1,700,490.00 1,199,890.00
Balance Carryforward 5.533.282.00 4,984,875.81 5,365,527.00 4,978,220.72 4,192,744.05
Current Year Change (548,40&19) 380,651.19 (387.306.28) (785.476,67) L321.960.09).
Ending Balance 4.984.875.81 5,365.527.00 4,978.220.72 4,192,744.05 3.870.763.97
CITY OF PALM BEACH GARDENS
COMPREHENSIVE PLAN
CAPITAL IMPROVEMENTS ELEMENT
SUPPORT DOCUMENT
TABLE OF CONTENTS
Section
List of Tables
I. INTRODUCTION
Purpose
Projected Growth
11. DATA AND ANALYSIS
Level of Service (LOS) Definitions
Location and Timing
Existing Sources of Revenue and Expenditures
Taxes
Intergovernmental Revenues
Charges for Services
Fines and Forfeitures
Miscellaneous Revenues
Other Miscellaneous Revenues
Special Assessments
Borrowing
Grants
Oata Analysis
Fiscal Implications of Existing and Projected Deficiencies
Assessment of Ability to Finance Improvements
Paqe
TABLE OF CONTENTS (continued)
111. CAPITAL IMPROVEMENTS IMPLEMENTATION
Transportation
Sanitary Sewer and Potable Water
Solid Waste
Surface Water Management
Recreation
Public Safety
Implementation Programs
IV. MONITORING AND EVALUATION
LIST OF TABLES
Page
9-1 Level-of-Service Standards
9-2 Projected Revenues
9-3 Debt Service Data and Ratios
9-4 Five-Year Schedule of Capital Improvements for
which the City has Financial Responsibility
9-5 Recreation Facility Standards
CITY OF PALM BEACH GARDENS
COMPREHENSIVE PLAN
CAPITAL IMPROVEMENTS ELEMENT
SUPPORT DOCUMENT
1. INTRODUCTION
Purpose
Section 163.31 77 (3), Florida Statutes, 1987 Ed., requires all local comprehensive plans
to contain a “...Capital Improvements Element designed to consider the need for and
the location of public facilities in order to encourage the effective utilization of said
facilities”.
.
The purpose of the Capital Improvements Element is then to implement the provisions
of the City of Palm Beach Gardens Comprehensive Plan by:
1.
2.
3.
4.
5.
6.
7.
Using timing and location of capital projects to provide services to support growth
in areas where the City can efficiently and effectively provide services, and to
avoid placement of capital facilities in locations which would promote growth in
areas which cannot be efficiently served.
Establishing a system of examining and assigning priorities to the needs of the
City, assuring the most essential improvements are provided first.
Coordinating the timing and location of capital improvements with other local
governments, special districts, and state agencies to maximize the benefit from
public capital improvement expenditures, minimize the disruption of services to the
public, and implement land use and infrastructure decisions.
Allowing time in advance of actual need to provide for sufficient facility planning,
design, and construction.
Coordinating financial planning to maximize the benefit of public funds.
Providing cost information on a timely basis for the evaluation and formulation of
alternative financing programs.
Providing for a concurrency management program.
1
Proiected Growth
Table 1-1 indicates the permanent population of the City of Palm Beach Gardens is
projected to increase 21% over the period 2000 to 2005. However, a large demand for
public facilities will come from those persons who will travel from surrounding
communities to work or shop in the ever-increasing commercial and mixed-use
developments that are projected to occur during the same time period.
2
II. DATA AND ANALYSIS
Level of Service (LOS) Definitions
Level-of-Service (LOS) standards are indicators of the extent or degree of service
provided by, or proposed to be provided by, a facility based on and related to the
operational characteristics of the facility. LOS standards indicate the capacity per unit
of demand of each public facility. They are, in short, a summary of existing or desired
public facility conditions.
Chapter 163, Florida Statutes, and Rule 9J-5, Florida Administrative Code (FAC), now
require LOS standards to be included for public facilities addressed by local
governments in their comprehensive plans. Specifically, these LOS standards will be
established for the purpose of issuing development orders or permits to ensure that
adequate facility capacity will be maintained and provided for future development.
LOS standards can affect the timing and location of development by encouraging
development in areas where facilities may have excess capacity. On the other hand,
development will not be permitted unless needed facilities and services are provided
concurrent with the impact of the development. However, such provision and
development may occur in phases over time.
The City is divided into two distinct service areas by the Urban Growth Boundary. This
boundary, which is currently located at the Loxahatchee Slough, separates the City into
the "urban" area to the east and the lIrural" area to the west. The City has established
dual LOS standards for the distinct urban and rural areas of the City. The urban area is
served by a full complement of public services and facilities where efficient and cost-
effective service delivery can be accomplished. The rural area has limited services.
Land uses in the rural area will receive public services at levels coinciding with the
desired rural characteristic of the area. Some services/facilities, such as recreation
facilities, will not be provided within the rural area at all. Table 9-1 contains LOS
standards for the City of Palm Beach Gardens which will be used to evaluate and
monitor the implementation of this Comprehensive Plan:
3
Table 9-1
LEVEL OF SERVICE STANDARDS
TRAFFIC CIRCULA TlON
Facility Type
Neighborhood Collector
City Collector
County Minor Arterial
State Minor Arterial
State Principal Arterial
FlHS Roads
Beeline Highway
Excepted Links per Table 2A
SEWAGE SERVICE
SOLID WASTE
Generation per capita:
Collection:
DRAINAGE
WATER SERVICE
URBAN AREA RURAL AREA
LOS for Peak Period in Peak Season
D
D
D
E
D
D
D
SANITARY SEWER
107 gallons per day
per capita
7.1 3 Ibs per day
Twice per week
3 day, 25 year event
event
POTABLE WATER
191 gallons per day
per capita
RECREATION AND OPEN SPACE
3.7 acres of improved
neighborhood and
community parks per 1,000 permanent
residents
SEPTIC TANKS
Per' DEP and Public
Health Department
Regulations
7.13 Ibs per day
Once per week
3 day, 25 year
D
D
D
E
D
C
-
Park and recreation
facilities will be located
to serve the entire city
population, and in most
cases will be in the urban
area.
WATER WELLS Per DEP and Public
Health Department
Regulations
4
PUBLIC SAFETY
Fire/EMS
Police:
5 minute response Require well-based
time to 90% of all
calls, on a district basis
sprinklers for all
structures; fire service with
tanker trucks; 8 minute
average response time.
1150 service calls per
officer crime control strategies
per year;
Community Policing Philosophy
Zone patrol based on rural
PUBLIC SCHOOLS 110% utilization rate or up to 120%, per Policies
11.1.1.1 and 11.1.1.4of the PSF Element
Location and Timing
Location and Timing of Services and Facilities
As well as divide the City into distinct service areas, the Urban Growth Boundary (UGB)
shall be used to guide the timing and location of construction, extension, or increases in
capacity of each public facility. Generally, public services shall not be extended at
urban levels of service within the rural area. A super majority vote of Council is required
to approve the extension of urban services or use of alternative service mechanisms in
the “rural” area. The Loxahatchee Slough provides a physical divide in the City.
Extension of most services and facilities west of the Slough will not be as cost-effective
as in the urban area. The difference in the cost of service delivery should be borne by
the use. While the Slough represents the logical boundary between urban and rural, the
location of the UGB may be evaluated every five years with the Evaluation and
Appraisal Report. Redesignation of the UGB must be supported by data which
demonstrates, at a minimum, the logical extension of services and facilities west of the
Slough, the availability of facility capacities to serve additional land uses, and the
appropriate timing of service extension given the amount and location of developed land
in the existing urban area.
Growth Strategies
The City’s Future Land Use Map and accompanying growth strategies prevented urban
sprawl within the community during the Evaluation and Appraisal Report period (1 990-
2003). However, much of the credit to preventing urban sprawl can be given to the
City’s concurrency management system and market conditions.
The City had used a Planned Development Area (PDA) zoning designation as the
mechanism for the Comprehensive Plan growth strategy. The designation had been
applied to all undeveloped land in the City, which have no active development order
other than vested status granted by the City or Palm Beach County.
5
The PDA zoning designation created a “holding zone” for these areas until development
is requested. Theses areas can only be developed as a Planned Community District or
Planned Unit Development. This allowed for more innovative and beneficial projects
being approved by the City and subsequently developed.
Environmental lands within the City received additional protection during the evaluation
period as Palm Beach County began the negotiating process to purchase approximately
10,715 acres of environmentally-sensitive lands in the City through the County’s
Environmentally Sensitive Lands Acquisition Program. This land , which is
approximately 31 percent of this City’s acreage, will be set aside for conservation
purposes. This will preserve these environmentally-sensitive lands from future
development pressures.
In addition, the City adopted its Natural Resources and Environmentally Significant
Lands Code in 1993. This code calls for the minimum 25% preservation of upland
native plant communities within a proposed development site. The Code also calls for
the preservation of wetlands, and it allows the mitigation of wetlands only if specific
criteria are met. Since the Code adoption, all developments have been required to
preserve large quantities of environmentally-sensitive lands on the development sites.
The City Codes not only help prevent urban sprawl within the community, they also
preserve the City’s natural resources.
In addition to the PDA concept, the UGB concept is an implementation strategy that
controls growth by specifying the type and level of public services that will be provided
in the rural and the urban areas. Persons and businesses desiring a full complement of
services should locate east of the UGB within the urban area.
Existinn Sources of Revenue and Expenditures
The City of Palm Beach Gardens has available to it a number of revenue sources for
operating costs and capital improvements.
Most of these sources are discretionary and may be used by the City for whatever
purpose deemed appropriate, while other sources may be used only for specific
programs. Therefore, except for the designated funds, the City uses a lump sum total
for all discretionary funds for budgeting purposes and does not assign specific
discretionary revenue sources to specific expenditures.
The following section lists revenue sources currently available to the City and indicates
whether their use is discretionary or dedicated.
6
- Taxes
Ad Valorem Taxes
Ad valorem, or property taxes, are based on two types of property: real property (land
and improvements) and tangible personal property (business fixtures, equipment, and
machinery). Ad valorem tax rates are expressed as a millage rate, which is applied to
taxable values to calculate the property tax to be paid. One mil is the equivalent of $1
per $1,000 of assessed value or 0.1 percent. Revenue from the ad valorem taxes may
be used to fund both operating expenditures and capital projects.
The value of property for tax purposes is established by the County Property Appraiser,
an elected and constitutionally established officer. All property is appraised at its just
value according to Sections 192.042 and 193, Florida Statutes, limiting each taxing
entity to a maximum millage of 10 mils, excluding voter-approved debt service.
Current Status: Ad valorem revenues represent the City of Palm Beach Gardens’
largest single revenue source. These funds are discretionary in their use. The City
millage rate, excluding voter-approved debt service, for fiscal year 1997-1998 is 3.9147.
The 1997-1998 aggregate assessed value is $3.089 billion, a 5.0% increase over the
previous fiscal year. The increase is due to re-evaluation of existing construction and to
new construction.
The total City taxes, including noted debt for FY 97/98, are expected to be $12.298
million.
Local Option Tax
The State provides for a twelve-cent local option gas tax. State statutes call for the
revenue to be used for transportation expenditures. In Palm Beach County, all twelve
cents of the local option gas tax are currently being used to finance the five-year road
program. The County receives approximately two-thirds of the local option gas tax
revenues; the remaining one-third is shared locally among municipalities based on
interlocal agreements.
Current Status: The twelve-cent local option gas tax generates approximately $48.5
million per year. Palm Beach Gardens receives over $400,000 annually.
Franchise Tax
Franchise taxes are levied on the revenues received within the City by Florida Power
and Light, Southern Bell and Telegraph, Adelphia Cable Television Company, and the
Solid Waste Authority.
7
Current Status: Franchise taxes generate approximately $2.363 million annually.
Licenses and Permits
These fees are collected by the Planning and Zoning, Building, and Code Enforcement
Divisions for the issuance of building permits, occupational and contractor licenses, and
plan reviews.
Current Status: Approximately $3.52 million per year is generated by these fees. The
use of these funds is discretionary.
Intergovernmental Revenues
State Sources
The City of Palm Beach Gardens receives annual disbursements from the State of
Florida to supplement its annual operating and capital budget revenues. The City
currently receives shares of the State’s cigarette tax, alcoholic beverage tax, half-cent
sales tax, and other miscellaneous State-shared revenues. These revenues contribute
approximately $2.277 million annually to the City.
Current Status:
Cigarette Tax - Cigarettes are currently taxed at 33.9 cents per pack, of which 5.8% of
the net collections is placed in a Revenue Trust Fund for cities. The City of Palm Beach
Gardens received approximately $1.8 million in fiscal 1994.
Alcoholic Beverage Tax - This fund generates approximately $24,000 annually in
revenues for the City.
Half-Cent Sales Tax - The current sales tax in Florida is 6% and is levied upon retail
sales, commercial rental, admission fees to entertainment facilities, and motor vehicles
sales. One-half cent is returned to municipal governments. The City of Palm Beach
Gardens receives $1.5 million annually.
Mobile Home Licenses - This fund generates approximately $1 5,000 annually in
revenues for the City.
County Occupational Licenses - These licenses contribute approximately $65,000
annually for the City.
Other State-Shared Revenues - This category includes all other miscellaneous State-
shared revenue sources such as fuel tax refund, motor vehicle licenses, motor boat
licenses, beverage license tax, and insurance license tax. These revenues total
approximately $500,000 annually for the City.
8
Charaes for Services
User charges are designed to recoup the costs of public facility services by charging
those who directly benefit from them. They are employed in many areas of local
government service to defray the cost of constructing and maintaining public facilities
and are a common source of funds for paying off revenue bonds.
As a tool for affecting the pace and pattern of development, user charges may be
designed according to the quantity and location of the services provided.
Current Status: The City of Palm Beach Gardens collects fees for the use of cultural
and recreation facilities such as swimming pools and tennis courts. These fees
generate approximately $40,000 in revenues annually. In addition, fees are currently
being collected for EMS transport, false alarms, engineering, parkway tree sales,
administrative services, and the use of the City’s golf course. The golf course fees
amount to approximately $1.8 million annually, while the other fees contribute
approximately $1.4 million annually to the City.
Fines and Forfeitures
The City collects $200,000 annually for minor violations of City ordinances and
regulations.
Miscellaneous Revenues
lmeact Fees
Impact fees, as they have been used in Florida, assess to new development a pro rata
share of the cost of providing the additional public facilities required to meet the needs
of the new development. These fees are designed to pay for infrastructure needs, but
not operating costs, which result directly from new development. In order to comply
with legal standards, impact fees must be reasonable (fairly reflect the cost of the
improvements) and equitable.
Current Status:
Road Impact Fee - The City currently collects a Road Impact Fee for Palm Beach
County. These funds are transferred to the County for transportation improvements in
the County’s Zones A through D. Approximately $1 .I million are added annually to this
fund. Currently, the City is considering a city road impact fee for fiscal year 1998/1999.
No fee generation figures are available.
9
In 1995, the City began to collect impact fees from new development for police and fire
protection. It is estimated that a total of $80,000 will be collected during the 199511996
fiscal year. No projections have been made for these revenues. The City's Code of
Ordinances was recently amended by Ordinance 39,1997 to include EMS and park and
recreation facility impact fees and increase police and fire protection impact fees. No
collected dollar amounts are yet available for these revenues. However, according to a
memorandum by James Duncan and Associates, the increase in police and fire fees is
expected to raise annual revenues by 100% to 123%. The commencement of the park
and recreation facility impact fee is anticipated to increase annual revenues by 54%.
Interim Service Fees
Interim service fees are collected from all new development prior to their addition to the
tax roles. The funds are used to finance solid waste disposal services and amount to
more than $30,000 annually in the City.
Interest
The City pools significant amounts of cash and investments so as to maximize earnings
and facilitate management. Cash and investments of certain funds are maintained
separately due to legal and bond requirements. The interest earnings of each fund are
dedicated back to the fund which provided the invested case.
Current Status: The City currently earns approximately $600,000 annually in interest.
Other Miscellaneous Revenues
Current Status: Approximately $1 50,000 in various revenues is anticipated annually for
the City.
Special Assessments
Special assessments are levies approved against certain properties which will directly
benefit from a new service or facility. Revenues from special assessments help defray
the cost of specific improvements on services. These improvements on services are
presumed to be of general benefit to the public and of special benefit to the assessed
properties themselves.
Current Status: The City of Palm Beach Gardens levies no special assessments
currently. However, several special assessment districts under the jurisdiction of the
North Palm Beach County Improvement District (NPBCID) are located within the City
limits. The assessments in these districts would pay for roads, canals, and stormwater
management systems within large developments such as PGA National, Frenchman's
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Creek, and the Regional Shopping Center. The MacArthur Foundation has proposed
establishing special assessment districts in the areas that are to be annexed by the City
of Palm Beach Gardens. The NPBCID would collect the assessments and fund the
construction of the roads, canals, stormwater management system, and the proposed
naturelpedestrian trails. Growth would then pay for itself. Some revenues, however,
would be shared with the cities to improve existing arterials.
Borrowing
General Obligation Bonds
These bonds are backed by the full faith and credit of the local government and may be
issued only if approved by voter referendum. General obligation bonds are among the
most stable financial instruments and are available to individual and institutional
investors at low interest rates. Revenues collected from ad valorem taxes on property
and other sources of revenue, including sales taxes, are used to service the
government’s debt. Capital improvements financed through general obligation bonds
should benefit the entire community rather than particular areas or groups.
Current Status: The City issued a bond in the amount of $4,400,000 in December 1996
to partially pay for the cost of a new City Hall, police station, an addition to the main fire
station, recreational improvements to Gardens Park, and the acquisition of Westminster
Presbyterian Church. The bonds have an interest rate of 4.95%, and principal
payments will be made from December 1 , 1997, through December 1 , 2016. More
bonds will continue to be issued through September 1997 until a total of $12 million -
$14 million in obligation is reached.
Revenue Bonds
Revenue bonds can be broken down into two categories: nonself-supporting debt and
self-supporting debt. Non-self supporting debt refers to those bond issues which are
supported from specific revenue sources other than property taxes and enterprise
earnings. Self-supporting debt refers to bonds of enterprise operations which generate
sufficient revenues to meet the debt service requirements.
Revenues obtained from the issuance of these bonds are used to finance publicly-
owned facilities. Charges collected from users of these facilities are used to retire the
bond obligation. Interest rates tend to be higher than those of general obligation bonds,
and the issuance of the bonds may be approved by the City Council without voter
referendum.
Current Status: A revenue bond was issued in 1990 for the purchase of the City’s golf
course for approximately $8.1 million. As of September 1996, the City had an
outstanding balance of $7.5 million, with an interest rate which varied from 6.6% to
7.25%.
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Grants
The City of Palm Beach Gardens is eligible to apply for both federal and state grant
funding. Grants are awarded to local governments for community and social service
needs and capital improvements. These grants may be received directly or may be
passed through from an agency to be administered by the City in accordance with
appropriate guidelines.
Current Status: The City received $1 50,000 from the State of Florida for the conversion
to natural gas fuel for City vehicles. In fiscal year 1997/1998, the City will receive
$210,000 from the State for the construction of a fueling station at the public works site.
Data Analysis
Local Practices for Guidinq Public Facility ImDrovements
The City of Palm Beach Gardens uses the annual budgeting process to identify capital
improvements and staffing requirements. Each of the City’s departments identifies
staffing and capital improvement needs they wish to have funded in the next fiscal year.
The City Manager assembles all funding requests and presents a prioritized list to the
City Council. The Council then holds public hearings, hears public input, and then votes
on the improvements and staffing levels to be adopted as part of the City’s budget
process.
Not included in the process are capital improvements that are funded through long-term
bonds or services and facilities that are provided by private suppliers and other public
agencies. The direct costs of these facilities are paid for by the service user through
impact fees, users fees, or other special assessment.
The City prioritizes requests for capital improvements using two factors: the immediate
need for improvement and the availability of funds. Those improvements, which if not
completed will have significant impact on public health, safety, and welfare, take priority.
Additionally, adopted LOS standards will guide the location and timing of capital
improvements to support efficient development and the goals, objectives, and policies of
the Future Land Use Element. The plans of other agencies, including the South Florida
Water Management District, Palm Beach County Traffic Division, and Seacoast Utility
Authority will also be considered and will assist in guiding the location and timing of
capital projects. Those improvements for which a specific revenue source is available
are given priority over those requiring discretionary funds. The amount of discretionary
funds available and the need for the improvement will determine which of the remaining
improvements will be funded.
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Fiscal Implication of Existinq and Projected Deficiencies
Existing and Project Deficiencies
As discussed in other elements of this Comprehensive Plan, the City of Palm Beach
Gardens has no existing deficiencies. However, there are projected needs in parks and
recreation facilities and police and fire/EMS services. It is expected that impact fees
and developer contributions will meet most of these needs; however, a bond issue may
be necessary for a new fire station.
Police, firelEMS, and parkshecreation impact fees will ensure that growth will pay its pro
rata share of facility improvements. The impact fees will also ensure that no negative
fiscal impacts will be incurred by the City. The recreation needs, costs, and revenues
and police and fire needs, costs and revenues are discussed in more detail in the
Capital Improvements Implementation section of this Element.
Public Education and Health Facilities
The City Council adopted an interlocal agreement between the municipalities of Palm
Beach County, Palm Beach County, and the School District of Palm Beach County on
December 21 , 2000. This interlocal agreement established a county-wide public school
concurrency requirement to limit public schools from overcrowding. This agreement
included requirements for intergovernmental coordination, planning for new school
facilities, schools opening concurrently with residential developments, and the ability of
the School District of Palm Beach County to review all development order requests for
consistency with the district's Five-Year Capital Facilities Plan.
As required by the interlocal agreement, on December 6, 2001, the City Council
adopted a Public Schools Facilities Element in the Comprehensive Plan. The purpose of
this element is to ensure that adequate public school facilities exist for student growth.
This element is implemented by utilizing the adopted Level of Service Standards (LOS)
for school capacity. The element also takes into account demographic changes,
population growth, and development trends.
The School Board of Palm Beach County has three elementary schools, two middle
schools, and two high schools within the City of Palm Beach Gardens. Palm Beach
Gardens Elementary on Riverside Drive generally serves the northwestern portion of
the City. Allamanda Elementary on Allamanda Drive provides educational services east
of the FEC railroad tracks. Timber Trace Elementary generally serves the City's
developing areas north of PGA Boulevard. Other portions of the City are served by
schools within the boundaries of North Palm Beach. Howell Watkins Middle School on
MacArthur Boulevard, Watson B. Duncan Middle School off Central Boulevard, Palm
Beach Gardens High School on Holly Drive, and Dwyer High School on North Military
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Trail serve students citywide. The School Board establishes school attendance
boundaries to achieve racial balance objectives. As a result, proximity to a school is not
an indicator of attendance assignment to the school.
A branch campus of Palm Beach Community College, located on PGA Boulevard east
of AlA, provides continuing education services to the northern portion of Palm Beach
County. On February 19, 1999, the City Council approved plans that expanded this
facility. The expansion included a 12,000 square-foot edu-care facility and a 32,000
square-foot media technology center.
Florida Atlantic University has recently opened the Macarthur campus at the Abacoa
Town Center in Jupiter. This full service campus is utilized by residents of the City and
surrounding areas.
Palm Beach Gardens Medical Center on Burns Road is the primary health care facility
within the City. This facility provides health and emergency care services to the
residents of the City and the surrounding areas. A multi-phase expansion project began
on May 12,1997, and was completed on December 5, 1997. This expansion included a
cauterization laboratory and an expansion of the intensive care unit.
Assessment of Abilitv to Finance Improvements
General Budcret
Although the City of Palm Beach Gardens has few projected facility deficiencies for
which it is responsible, revenue and expenditure projections are important for the
planning of improvements and programs it wishes to undertake. The most important
source of revenue is the ad valorem tax. Although the City’s millage rate has decreased
slightly since 1987, the assessed valuation has continued to increase. The major
factors which have influenced the increase in assessed property values are the
revaluation of existing construction, land adjusted to current market values, the addition
of developed properties in annexation areas, and new construction which is added
annually to the tax rolls.
Of Florida cities with greater than 25, 000 residents, Palm Beach Gardens is the fastest
growing municipality (by percentage) in the State. According to the University of Florida
Bureau of Economic and Business Research (BEBR), the City’s population grew
38.95% froml990-1996. This statistic is supported by the City’s records of single-family
building permits issued between 1990 and 1995. Based on a high of 1,51 7 and a low of
505 permits issued, the average was 761 permits per year. The City is witnessing the
addition of 800 single-family residences valued at $250,000 to over $1 million, 400
multi-family units, and over 600,000 square feet of commercial space per year. Total
projected revenues from all sources are shown in Table 9-2.
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Net General Obliaation Debt to Taxable Property Values
The first ratio presented in Table 9-3 is the ratio of net general obligation debt to taxable
property values. This ratio indicates the proportion of general obligation debt, net of any
debt service reserves, to the taxable values that can be assessed to support that debt.
Ratios in the range of 3% to 5% are considered acceptable. Palm Beach Gardens
currently has a ratio of 0.01%. This ratio is projected to increase to 0.31% in fiscal year
199611997, and then increase once again in 1998 with the expected issuance of bonds
to finance construction of a fire station, public works facility, and the purchase of a
district park.
Net General Obliclation Debt Per Capita
This ratio indicates the net amount of general obligation debt per person in the City. Per
capita debt ratios of $300 to $500 are considered acceptable. The City’s current ratio in
fiscal year 199511996 was $7.18. It is projected to increase significantly in future years
(to $495.34 by fiscal year 1998/1999).
111. CAPITAL IMPROVEMENTS IMPLEMENTATION
This section addresses public facility deficiencies for which the City has financial
responsibility in accordance with Rules 9J-5.005 (I) (c) and 9J-5.016 (4), Florida
Administrative Code. As discussed in the other elements of this Comprehensive Plan,
there are only limited facilities for which the City has financial responsibility. These
include all local roads and two collectors, a limited drainage network, police, fire/EMS,
and recreational facilities. Major transportation links and potable water, sanitary sewer,
solid waste, and drainage systems are under the jurisdiction of other public agencies.
Thus, while some of these systems have existing and projected deficiencies, they are
the financial responsibility of other agencies. As a result, these system deficiencies will
not be addressed in this section.
Tranmortation
All arterial roads within the City belong to either the County or the State. The City is
responsible for only the local streets and two collectors. Only one of these City facilities
has either an existing deficiency or a deficiency projected within the next five years. As
is discussed further in the Transportation Element, Burns Road cannot be expanded to
its planned cross-section until 1-95 is widened and the Burns Road underpass is of a
width appropriate for a four-lane collector. This 1-95 improvement will not occur within
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the next five years; therefore, Burns Road is a temporarily constrained facility. The only
expenditure necessary for the City-owned street system is ongoing maintenance. The
maintenance costs are covered under the operations portion of the City budget and do
not meet the cost threshold ($50,000) established by this Comprehensive Plan to be
classified as capital improvements.
The City's traffic standards, concurrency management system, and the Countywide
Traffic Performance Standards require deficiencies and needs to be met prior to
additional impact. Should project-generated roadway needs occur in the future, the City
shall require as a condition of approval, all improvements to be programmed for
completion or be carried out by the specific development(s).
Sanitary Sewer and Potable Water
The potable water and sanitary sewer systems within the City are owned by the
Seacoast Utility Authority (Utility Authority). The Utility Authority was previously under
private ownership but was purchased by a consortium of cities, including Palm Beach
Gardens and the County. However, the Utility Authority is a separate entity with its own
revenues, expenditures, and staff.
Therefore, the City of Palm Beach Gardens has no fiscal responsibility concerning the
operation, maintenance, or expansion of the potable water or sewer systems.
Solid Waste
Through the use of an independent contractor, the City of Palm Beach Gardens
provides residential solid waste pick up. However, under statutory agreement, all solid
waste generated in the City must be taken to facilities owned and operated by the Solid
Waste Authority of Palm Beach County (SWA). Thus, the City has no financial
responsibilities for any sold waste disposal facilities.
Surface Water Management
The City owns portions of a small drainage system located in the oldest portions of the
City. No existing deficiencies have been identified, as the existing development meets
the established LOS standards. While the areas served by the facilities are almost built
out, any redevelopment or new development will conform to the LOS standards
established for new development. Therefore, no deficiencies are projected. Sub-basin
drainage studies and post-October 1995 flood system assessments may identify
improvements needed to maintain level of service. A few of these improvements may
be needed in the City's limited portion of the surface water management system. At this
time, the only expenditures necessary for the system are ongoing maintenance.
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The maintenance costs are covered under the operations portion of the City budget and
do not meet the cost threshold ($50,000) established by this Comprehensive Plan to be
classified as capital improvements.
The remainder of the drainage system in the City is under the jurisdiction of the
Northern Palm Beach County Improvement District (NPBCID) which is responsible for
the system operation, maintenance, and expansion. Existing development conforms to
the established LOS standards; therefore, no deficiencies have been identified. All
future development areas of the City are expected to be serviced by NPBCID systems.
These systems shall meet the LOS standards for new development.
Recreation
The City of Palm Beach Gardens is entirely responsible for providing recreation facilities
to residents of the City. The County provides some regional facilities in areas near the
City; however, the recreation LOS standard established by this plan includes only City-
owned neighborhood and community facilities. Therefore, the City is solely responsible
for insuring the LOS standard is met.
Table 7-5 in the Recreation and Open Space Element Support Document of this
Comprehensive Plan indicates the City will have needs for additional improved park
land during the next five years. As discussed in that element, this deficit is to be made
up through new development dedications and fees collected through the recently-
enacted recreation impact fee. The recreation impact fee is to be designed such that all
new development will contribute land and/or funds at a level necessary to maintain the
adopted LOS of 3.7 acres of park land improved with recreation facilities per 1,000
permanent residents.
Table 9-4 indicates the amount of acreage and expenditures needed to address the
projected parks and recreation deficit. As the table shows, there are some land needs
beginning in the year 2000. This deficiency may be eliminated through the
improvement of an 8-acre parcel on Howell Lane that was dedicated to the City for
recreation purposes, yet remains vacant. The City also has a 9-acre parcel which it just
purchased on Lilac Street which is being planned for recreation facilities. Improvement
of this site will eliminate the projected deficiency in 2001, and reduce the need in 2002.
The acreage needs are calculated by multiplying the projected population for each year
by the adopted LOS and then subtracting the inventory from the previous year. The
population projections are for the permanent population as shown in Table 1-2 of the
Future Land Use Element. The precise location of the proposed park improvements
cannot be shown at this time since the park sites will be acquired and developed as the
vacant land is developed. Almost all of the park improvements shown in Table 9-4 are
expected to be located east of the Florida’s Turnpike with a majority located east of 1-95.
All of the recreational improvements, as shown in Table 9-4, are consistent with other
elements of the Comprehensive Plan.
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The cost per acre presented in Table 9-4 is calculated by adding the projected land
costs plus improvement costs. For the purposes of this calculation, land is estimated to
average $60,000 per acre and improvements at $95,000 per acre for a total of $1 55,000
per acre improved recreation facilities. The land costs used herein are based on the
average value of an acre of land within the City.
The facility improvements costs are based on the estimated development costs of an
acre of park land according to calculations derived for the parks and recreation impact
fee. Depending on the amount of land and number of facilities obtained and improved
at any one time, economies of scale are expected that may either reduce or exceed
these projected costs.
Larger-sized parks are more in keeping with the City's current desire to develop more
large-scale, full-service community centers. The City is currently working on a parks
and recreation master plan which will identify future park sites and desired facilities.
The loss of the municipal complex park and recreational facilities contributes to the
ongoing capital need. Table 9-5 identifies the ideal level of improvements that the City
would like to offer to its residents. These are objectives which are used for facility
planning and annual budgeting purposes. The City would like to be in a situation where
it can adopt these objectives as formal LOS standards in the Comprehensive Plan.
Until the facilities that are eliminated due to the municipal complex are replaced, the
City is not prepared to formally adopt these objectives.
Public Safety
The Future Conditions section of the Public Safety Element identifies fire stations, police
facilities, and equipment that will be required as capital projects to maintain the adopted
levels of service as Palm Beach Gardens develops (Tables 10-4 and 10-8). These LOS
standards will not be a requirement of the concurrency management program.
Approximately 23% of the City is currently vacant or undeveloped. The development of
these areas, with the inclusion of parcels through annexation, will necessitate additional
public safety services and facilities. The City shall undertake measures to ensure that
adequate land and equipment is available for police, fire, and emergency assistance
facilities to serve its current and future residents. The Police and Fire Departments are
funded primarily through ad valorem taxes. The use of impact fees is the preferred
method to ensure that new development offsets the need for public services created by
such development.
Additional capital expenditures will be necessary to maintain the adopted levels of
service (Table 9-4). These have been projected based upon the adopted urban LOS
standards of 1 ,I 50 service calls/responding officer and a five-minute response time to
90% of all calls, per district. Police and fire capital costs have most recently been
estimated for Palm Beach Gardens in a "Fire/EMS, Police and Park Impact Fee Study"
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prepared by James Duncan and Associates, May 1997. These costs are expected to
be met by fees collected through police and firelEMS impact fees. The new station
needed to serve District 3 is expected to be funded via a bond issue. Should the bond
issue fail, the City will need to fund this capital project with general revenues which will
most likely necessitate a tax increase.
Implementation Programs
The most obvious tool to implement the Capital Improvement Element is the capital
improvements program which the City will update on a regular basis. Additionally, in
accordance with the goals, objectives, and policies of the elements of this
Comprehensive Plan, the City will maintain or adopt new land development regulations
and procedures to ensure the levels of service standards adopted by this Plan are met
or exceeded. These regulations and procedures will require that all public facilities
necessary to service new development at the adopted LOS standards are available
prior to or concurrent with the impacts of the new development. Furthermore, the
regulations will be designed to simplify and streamline the existing regulatory programs.
The regulations and procedures to be maintained or newly adopted include, but are not
limited to:
traffic (City road impact fees yet to be adopted) and recreation impact fee
ordinances;
revised development application procedures which require an assessment of the
ability of existing facilities to accommodate proposed development;
regulations which permit the phasing of development in concert with the provision
of necessary public facilities;
the preparation of a capital improvements budget as part of the City’s annual
budget to ensure all facility deficiencies are identified and addressed;
an annual monitoring and evaluation process to update the capital improvements
element and any deficiencies addressed therein;
the prioritizing of capital expenditures to ensure facility deficiencies take priority
over non-health and safety capital projects;
an assessment of the City’s fiscal capabilities to schedule and implement capital
improvement projects; and
an annual review of the Comprehensive Plan for significant changes in growth
projections and/or facility requirements.
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These regulations and procedures are identified in more detail in the goals, objectives,
and policies section of each element of this Plan, plus other sections of the text of this
Element. In all cases, the City will not approve development which would cause the
public facilities addressed by this Comprehensive Plan to operate below their adopted
LOS standards.
IV. MONITORING AND EVALUATION
Chapter 163, Florida Statutes, requires the Capital Improvement Element to be
continuously monitored and evaluated.
Therefore, this Element will be reviewed on an annual basis to ensure that required
fiscal resources will be available to provide the public facilities needed to support the
adopted LOS standards.
The annual review will be the responsibility of the City Manager, the City Finance
Director, the Local Planning Agency, with assistance by the Growth Management
Department. This group’s findings and recommendations will be presented to the
Mayor and City Council at a public meeting. The City Council will then direct staff to
take appropriate actions based upon the review committee’s findings and
recommendations.
The City, in conducting its annual review of the Capital Improvements Element, will
consider the following factors and will amend the Element accordingly:
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Any corrections, updates, and modifications concerning costs; revenue sources;
acceptance of facilities pursuant to dedications which are consistent with the
Element; or the date of construction of any facility enumerated in the Element.
The Capital Improvement Element’s consistency with other elements of the
Comprehensive Plan and its support of the Future Land Use Map.
The priority assignment of existing public facility deficiencies.
The City’s progress in meeting those needs determined to be existing deficiencies.
The criteria used to evaluate capital improvement projects in order to ensure that
projects are being ranked in their appropriate order of priority.
The City’s effectiveness in maintaining the adopted LOS standards.
The City’s effectiveness in reviewing the impacts of plans and programs of State
agencies and water management districts that provide public facilities within the
City’s jurisdiction.
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The effectiveness of impact fees for assessing new development a pro rata share
of the improvement costs which they generate.
The impacts of special districts and any regional facility (DRI) and service
provision upon the City’s ability to maintain its adopted LOS standards.
Efforts made to secure grants of private funds, whenever available, to finance the
provision of capital improvements.
The transfer of any unexpected account balance.
The criteria used to evaluate proposed plan amendments and requests for new
development of redevelopment.
Capital improvements needed for the latter part of the planning period for inclusion
in the five-year Schedule of Improvements.
In an effort to make the annual Comprehensive Plan review efficient and effective, the
Council will require it to be completed prior to the beginning of the annual budgeting
process.
All departments within the City will be directed to provide up-to-date information and to
make staff available to assist in the review. Formal recommendations for
Comprehensive Plan amendments will be made in conjunction with the submittal of the
annual budget.
G:\attorney-share\Complan\CIE SUPPORT DOCUMENT.doc
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RESOLUTION 94,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AMENDMENTS TO
RESOLUTION 207, 2002, THE DEVELOPMENT ORDER FOR
COMMUNITY DISTRICT (PCD) LOCATED ON THE WEST SIDE OF
THE RONALD REAGAN TURNPIKE, SOUTH OF NORTHLAKE
BOULEVARD, AND NORTH OF THE BEELINE HIGHWAY, AS
MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR
AN AMENDED CONDITION OF APPROVAL; AND PROVIDING AN
EFFECTIVE DATE.
“PARCEL A - SINGLE-FAMILY” WITHIN THE GABLES PLANNED
WHEREAS, on July 18, 2002, the City Council adopted Ordinance 3, 2002,
which approved the rezoning from Planned Development Area (PDA) to a Planned
Community District (PCD) Overlay with an underlying zoning of Residential Low (RL-3),
known as the Gables Planned Community District; and
WHEREAS, on November 21 , 2002, the City Council approved 450 multi-family
units in Resolution 206,2002 and 200 single-family units in Resolution 207,2002; and
WHEREAS, the City has received an application (MISC-05-05) from Mr. Marty
Minor, agent for Northlake Boulevard, LLC and Gables Construction, Inc. and MI1
Homes, for approval of a request for an extension of the requirement for the completion
of the single-family recreation facility prior to the issuance of the 60‘ Certificate of
Occupancy (30%) to the issuance of the 97* Certificate of Occupancy (50%) for the
single-family homes within “Parcel A - Single-Family” of the Gables PCD, which is
located on the west side of the Ronald Reagan Turnpike, south of Northlake Boulevard,
and north of Beeline Highway, as more particularly described herein; and
WHEREAS, the site is currently zoned Planned Community District (PCD)
Overlay with underlying zoning of Residential Low 3 (RL-3), and has a future land-use
designation of Residential Low (RL); and
WHEREAS, the Growth Management Department has reviewed said application
and has determined that it is sufficient; 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:
Date Prepared: June 9,2005
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Oate Prepared: June 9,2005
Resolution 94,2005
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The amended condition of approval for Parcel A - Single-Family
within the Gables Planned Community District (PCD) is 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 DESCRI PTI 0 N :
GABLES AT NORTHLAKE, ACCORDING TO THE REPLAT NO. 1 THEREOF,
RECORDED IN PLAT BOOK 96 PAGE 194 THROUGH PAGE 199 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID LANDS SITUATE AND
LYING, IN THE CITY OF PLAM BEACH GARDENS, PALM BEACH COUNTY,
FLORIDA.
SECTiON 3. Said Site Plan is approved subject to the following conditions,
which shall be the responsibility of the applicant, its successors, or assigns.
Landscarha and Maintenance
I. The single-family main recreation area shall be completed prior to the
issuance of the 97 60’ Certificate of Occupancy for a single-family unit.
(Planning & Zoning)
2. Prior to the issuance of the first single-family or multi-family Certificate of
Occupancy, the main entry signage and landscaping shall be installed.
(Planning & Zoning)
3. The applicant shall maintain a six (6) foot clearance zone between buildings
while determining the placement of mechanical equipment and accessory
structures. (Planning & Zoning)
Transportation / Traffic Concurrency
4. Pursuant to the terms of Ordinance IO. 2003, Tlhe project build-out date is
December 31 , 2003z. (City Engineer)
5. Prior to the issuance of the first building permit, excluding permits for
clearing of exotic vegetation, the applicant shall submit a Master Sign and
Pavement Construction Plan for review and approval by the City. (Planning
& Zoning)
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Date Prepared: June 9,2005
Resolution 94,2005
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Prior to the issuance of the first building permit, the applicant shall submit to
the City for review and approval a Pavement Marking and Signage Plan
which identifies the location of all proposed signage and markings, such as
stop signslbars, pedestrian crosswalks and signage, directional signage,
etc. A registered engineer licensed in the State of Florida shall certify the
Pavement Marking and Signage Plan. (City Engineer)
Prior to the issuance of the final Certificate of Occupancy, the applicant,
successors, or assigns shall conduct signal warrant studies of the Hiatt
Drive and Northlake Boulevard intersection beginning at the issuance of the
50th Certificate of Occupancy and every six (6) months thereafter until the
issuance of the final Certificate of Occupancy. Should the warrant indicate
a need for a signal, the applicant, successor, or assigns shall be required to
provide a pro-rata share of installation costs as determined by the City
Engineer. (City Council)
Miscellaneous
8. Prior to the issuance of the first Certificate of Occupancy of a residential
unit, the applicant shall submit the Property Owners Association and
Homeowners Association documents for review and approval by the City
Attorney. (City Attorney)
9. Within ninety (90) days from the issuance of the first Certificate of
Occupancy of a dry model, the sales center located off of Northlake
Boulevard shall be removed and the area restored to the approved Planned
Community District (PCD) Buffer Plan. (Planning & Zoning)
10. The applicant, successors, or assigns shall require all homeowners to
maintain a minimum six (6) foot clear zone, within at least one side-yard
setback for each home, which shall be maintained free from air conditioning
equipment, fencing, and landscaping obstructions between all structures.
This restriction shall be incorporated within the Gables Master Declaration
of Covenants, Conditions, and Restrictions and recorded in the public
records as a restriction against the property. Building permits for individual
homes shall show all landscaping, fencing, and mechanical equipment, and
shall show the six (6) foot clear zone. (Planning & Zoning)
11. Until such time as the issuance of the certificate of completion for the first
dry model, the applicant, successors, or assigns shall use the sales center
off of Northlake Boulevard for customer parking, and shall use a sales
representative to escort prospective home buyers to the models on site. No
access by the general public shall be allowed to a model unit until the
certificate of completion is issued. (Planning & Zoning, Code Enforcement)
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Date Prepared: June 9,2005
Resolution 94,2005
12. The applicant shall restrict rear screen enclosures to only allow bronze-
colored structures. (Planning & Zoning)
13. The applicant shall construct the development in accordance with Crime
Prevention Through Environmental Design (CPTED) principles, which
consist of the following:
a. The applicant shall provide metal halide lighting within the entire amenity
(recreation) areas and along the spine road. The applicant shall provide
high-pressure sodium lighting within the single-family community not
fronting on the spine roadway around the central lake feature.
b. Landscaping, including long-term tree growth, shall not conflict with
lighting.
c. A timer clock or photocell sensor engaged lighting shall be installed
above or near entryways to residences and all sidewalks.
’ d. Street and pedestrian walkways shall use lighting that is no greater than
14 feet in height.
e. Numerical addresses shall be illuminated for nighttime visibility, shall
have bidirectional visibility from the roadway, and shall be a minimum of
six inches in height.
f. The applicant shall provide all necessary construction zone signage and
fencing as required by the City Engineer. (Police)
14. Prior to the issuance of any building permit, the applicant shall:
a. Provide a street address system depicting street names and residential
numericals for emergency response purposes. Address system
depiction shall be in 8.5” X 11” map format. (Police)
b. Install and have operational, temporary roadways and fire hydrants
approved by the City Engineer and Fire Department for all of the dry
models, (City Engineer, Fire Rescue).
c. Provide canopy trees at the rear of the lots along Jog Road extension
and Northlake Boulevard in lieu of a cluster of palms. (Planning &
Zoning)
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Date Prepared: June 9,2005
Resolution 94,2005
15. The applicant shall post surety prior to the issuance of a building permit for
the model homes for lots 15, 16, and 17 (&foot models); lots 47 and 48
(60-foot models); lots 47 and 48 (townhouse model lots); and the sales
trailer on lot 5 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 one-third (1/3) of the hard costs of construction of all of the
proposed models. (City Engineer)
16. Prior to December 31 of every year following said project's approval, the
applicant, successors, or assigns shall submit to the Growth Management
Department, Planning and Zoning Division, an annual report of the status of
the project, including, but not limited to, the number of permits issued, the
number of certificates of occupancy issued, and the compliance or status of
any conditions of approval placed on the project by this approval and any
future approval until the project is completed. (Planning & Zoning)
17. All singlefamily homes shall comply with the design guidelines, which are
attached hereto as Exhibit "6." (Planning & Zoning)
SECTION 4. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following waivers:
1.
2.
3.
4.
5.
Section 78-141, Residential Zoning District Regulations, Lot Coverage, to
allow 50% lot coverage. The Land Development Regulations allow a
maximum of 35% lot coverage.
Section 78-141, Residential Zoning District Regulations, Lot Width, to allow
30-foot lot widths. The Land Development Regulations require a minimum
of 65 feet in width.
Section 78-141, Residential Zoning District Regulations, Lot Area, to allow a
minimum 3,090-square-foot lot area. The Land Development Regulations
require a minimum of 6,500 square feet in area.
Section 78-141, Residential Zoning District Regulations, Front Setback, to
allow for a minimum 12-foot front setback. The Land Development
Regulations require a minimum 25-foot front setback.
Section 78-141, Residential Zoning District Regulations, Side Setback, to
allow for a minimum 0-foot side setback. The Land Development
Regulations require a minimum of 7.5 feet or 10% of the lot width,
whichever is greater, for the side setback.
5
Date Prepared: June 9,2005
Resolution 94,2005
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Section 78-1 41, Residential Zoning District Regulations, Side Street
Setback, to allow for a minimum 10-foot side setback. The Land
Development Regulations require a minimum of 20 feet for the side street
setback.
Section 78-1 41, Residential Zoning District Regulations, Rear Setback, to
allow for a 5-foot rear setback. The Land Development Regulations require
a minimum 10-foot rear setback.
Section 78-285, Signs for Residential Development, to allow two (2) sign
faces on the entrance signage. The Land Development Regulations allow a
maximum of one (1) sign face per development.
Section 78498, Minimum Rights-of-way and Pavement Widths, to allow for
a 20-foot minimum right-of-way pavement width. The Land Development
Regulations require a minimum 40-foot right-of-way width.
Section 78-341 , Intent (off-street parking), to allow for on-street parking.
The Land Development Reguiations do not provide for on-street parking.
11. Section 78-441(c), Plat Approval Prior to Dry Model Permits, to allow for the
issuance of building permits for model homes prior to platting. The Land
Development Regulations require that no building permits be issued prior to
recordation of a plat with Palm Beach County.
12. Section 78-506, to allow for sidewalks on one side of the street. The Land
Development Regulations require sidewalks on both sides of the street.
SECTION 5, Said Site Plan within a Planned Community District (PCD) shall be
constructed in compliance with the following plans on file with the City's Growth
Management Department:
1. October 4, 2002, Site Data and Site Plan by Shah Drotos & Associates,
sheets SP-1 through SP-7.
2. October 4, 2002, Paving, Grading and Drainage Details by Shah Drotos &
Associates, sheets SP-8 through SP-9.
3. October 4, 2002, Preliminary Engineering Plan by Shah Drotos &
Associates, sheets CE-1 through CE-5.
4. September 3, 2002, Landscape Plan by Murakami Landscape Architects,
Inc. and Urban Design Studio, sheets L-1 through L-7.
5. July 2, 2002, Main Entrance Plan by Murakami Landscape Architects, Inc.,
sheet L-8.
G
Date Prepared: June 9,2005
Resolution 94,2005
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6. October 3, 2002, Photometric Plan by KTD Consulting Engineers, sheet ES-
1.
7. June 14, 2002, Typical Lot Landscape Plans by Cotleur Hearing, Inc.,
sheets 1 through 5.
8. June 24, 2002, Recreational Facility Site Plan by Cotleur Hearing, Inc., one
sheet.
9. June 14, 2002, Recreation Area and Open Space Landscape Plans by
Cotleur Hearing, Inc., two sheets.
10. July 3, 2002, Temporary Sales Trailer Plan by Cotleur Hearing, Inc., one
sheet.
11. July 5, 2002, Temporary Sales Trailer Elevations by Steven J. Bruh,
Architect, sheet 1 of 1.
12. June 10,2002, Plot Plan for 45' Lot Homes by MI1 Homes, two sheets.
13. June 10,2002, Floor Plans and Elevations for 45' Lot Home Type "0" by MI
Homes, sheets D-1 through 0-4 (0-2 & 0-4 dated December 20,2001).
14. June 10,2002, Floor Plans and Elevations for 45' Lot Home Type "E" by M/I
Homes, sheet E-1 .
15. June 1 I, 2002, Floor Plans and Elevations for 45' Lot Home Type "E" by M/I
Homes, sheet E-2.
16. December 20, 2001, Floor Plans and Elevations for 45' Lot Home Type "E"
by MI1 Homes, sheet E-3.
17. June 11 , 2002, Floor Plans and Elevations for 45' Lot Home Type "F" by M/I
Homes, sheet F-1.
18. December 20, 2001 , Floor Plans and Elevations for 45' Lot Home Type "F"
by M/I Homes, sheets F-2 through F-3.
19. December 20, 2001, Floor Plans and Elevations for 45' Lot Home Type "H"
by M/I Homes, sheets H-1 through H-2.
20. June 11 , 2002, Floor Plans and Elevations for 45' Lot Home Type "J" by M/I
Homes, sheet J-1.
21, December 20, 2001 , Floor Plans and Elevations for 45' Lot Home Type "J"
by M/I Homes, sheets J-2 through J-3.
7
Date Prepared: June 9,2005
Resolution 94.2005
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22. June 1 1 , 2002, Floor Plans and Elevations for 45' Lot Home Type "K" by MI1
Homes, sheet K-1.
23. December 20, 2001 , Floor Plans and Elevations for 45' Lot Home Type "K"
by MA Homes, sheet K-2.
24. June 11 , 2002, Floor Plans and Elevations for 45' Lot Home Type "L" by MA
Homes, sheet L-1.
25. December 20, 2001, Floor Plans and Elevations for 45' Lot Home Type "L"
by M/I Homes, sheets L-2 through L-3.
26. June 10,2002, Plot Plan for 60' Lot Homes by M/I Homes, one sheet.
27. June 10, 2002, Floor Plans and Elevations for 60' Lot Homes Scheme
"2778 by M/I Homes, sheet 1.
28. December 20,2001 , Floor Plans and Elevations for 60' Lot Homes Scheme
"2778 by M/I Homes, sheets 2 through 3.
29. December 20,2001, Floor Plans and Elevations for 60' Lot Homes Scheme
"2938' by M/I Homes, sheets 1 and 3.
30. June 11, 2002, Floor Plans and Elevations for 60' Lot Homes Scheme
"2938" by M/I Homes, sheet 2.
31. December 20,2001 , Floor Plans and Elevations for 60' Lot Homes Scheme
"2941" by M/I Homes, sheets 1 and 3.
32. June 11, 2002, Floor Plans and Elevations for 60' Lot Homes Scheme
"2941" by M/I Homes, sheet 2.
33. June 10, 2002, Floor Plans and Elevations for 60' Lot Homes Scheme
"3194" by MA Homes, sheet 1.
34. December 20,2001 , Floor Plans and Elevations for 60' Lot Homes Scheme
"3194" by MI1 Homes, sheets 2 through 3.
35. June 10,2002, Plot Plans for Townhouses by MI1 Homes, one sheet.
36. December 28, 2001, Floor Plans and Elevation for Townhome Type "1" by
M/I Homes, sheets 1-1 through 1-6 (sheets 1-1 and 1-4 dated June 11,
2002).
8
Date Prepared: June 9.2005
Resolution 94,2005
(The remainder of this page left intentionally blank)
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37. December 28, 2002, Floor Plans and Elevations for Townhome Type "2" by
M/I Homes, sheets 2-1 through 2-6 (sheets 2-1 and 2-4 dated June 11,
38. December 28, 2002, Floor Plans and Elevations for Townhome Type "3" by
M/I Homes, sheets 3-1 through 3-6 (sheets 3-1 and 3-4 dated June 11,
SECTION 6. Said approval shall be consistent with all representations made by
3 2002).
7 2002).
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: June 9,2005
Resolution 94,2005
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PASSED AND ADOPTED this 75” day of 31, LJ , 2005.
ATTEST:
CITY OF PALM BEA ~TAR~~LORIDA
BY:
BY:
CITY OF PALM BEA
BY:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Taturn, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR JAB ir
COUNCILMEMBER LEVY
COUNCILMEMBER VALECHE
COUNCILMEMBER BARNETT
-- AYE NAY ABSENT
J ---
G:\PItorney-share\RESOLUTlONSgables doa - reso 94 2005.doc
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69/23/2843 15r30130 2883w7WJ1
wt BK 15893 ffi 1447
Pill Beach County, Florida
CITY OF PALM BEACH GARDENS, FLORiDA
RESOLUTiON 180,2002
A RESOLUTION OF THE CITY COUNCIL OF THE CIMOF PALM BEACH
GARDENS, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE
CITY AND MALL PROPERTIES, LTD., PGA GATEWAY, LTD., RCA
CENTER 1 OF FLORIOA, LLC AND PGA NORTH it OF FLORIDA, CLC
FOR THE ASSURED CONSTRUCTION OF LINKAGE ROADS AND
AUTHORIZING THE MAYOR AND CIN COUNCIL TO EXECUTE SAME;
PROVIDING FOR CONFLICTq PROVIDING FOR SEVERABILIN; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Mali Properties, Ltd., a Florida limited partnership, PGA Galeway, Ltd., a
Florida limited partnership, RCA Center II of Florida, LLC, a Florida limited liability
company, and PGA North !I of Flwide, LLC, a Florida \lm\te’d liebUlty company (‘Owners“)
are the Owners of certain parcels of property within the Clty (“Properties”); and
WHEREAS, In lieu of paying all or portion of the City’s road Impact fee, Owners seek to
construct roadways depicted on the Cm Center Linkages Plan running thmugh or
immediately adjacent to the Properties (“Linkage Roadways”) and to receive credit figainst
the amount of road impad fees that wouM athemrise be due to the Clly; and
I
WHEREAS, through he enactment of Resolution 25,2001, the City Council approved the I
pooling of road lmpad fees for the Properties; and
i i WHEREAS, the City and Ownen wish to provide for a method by whlch the pooled impact
fees will be credited and for the assured construction of all !he Llnkage Roadways Wrthln
a the frame established by the City; and
WHEREAS, the City Coun’cll finds the adoptlon of this Resolution tobe i(r the best interests
of the residents and dtlzens of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCILOFTHE CITY OF PALM
BEACH GARDENS, FLORIDA THAT
SECTlQN. The foregolng ‘WEREAS” clauses are hereby ratified and confirmed as
being true and cdrred and are hereby made a sp.eCific part of thls Resolution.
Agreement for Assured Construction of Linkage Roads between the Clty and Owners
attached hereto as Exhlbit ’A’ and Incorporated herein by reference and authorites the
Mayor and Clty Clerk to execute saM Agreement on behalf of the CHy and take all action
necessary to effectuate the terms of the Agreement.
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SECTIQKZ. The City Councll of the Clty of Palm Beach Gardens hereby approves the I
I
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BMIK 15893 PFKjE 1448
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed
to the extent of such conflict.
SECTION 4: If any clause, section, other part or application bf this Resolution is held by
any court of competent jurisdiction to be unconstitutional or invalid, in part or application,
it shall not affect the validity of the remaining portions or applications of this Resolution.
Resolution shall become effective immediately upon adoption.
Tt Pcnd& , 2002.
VOTE: mwAssENr
r) MAYOR JABLIN ---
VICE MAYOR SABATELLO /
COUNCILMEMBER CLARK L/ -
COUNCILMEMBER RUGSO Y
COUNCILMEMBER OELGADO -
Date prepared: September 23,2002
-2-
BOOK lS893 PfMX I449
Meeting Date: October 3,2002
Resolution: 180,2002
EXHIBIT A
.... ... ... .. . .. . . ..- .- .. - -. . ...-... .... . ._.. .. . . . , ._...,
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0
AGMMENT FOR ASSURE0 CONSTRUCTfON OE
LINKAGE ROADS
("Agreement") is made and entered into as c the&,, day
and behfleen the City of Palm Beach Gardens, a Florida
and Mall Properties, Ltd., a Florida limited partnership, PGA
Gateway, Ltd., a Florida limited partnership, RCA Center I\ of Florida, LLC; a Florida limited
liability company, and PGA North II of Florida, LLC, a Florida limited liability company,
(collectively "Owners").
RECITALS
WHEREAS, in lieu of paying all or portion of the City's road impact fee, section 78-
99(d)(l) of the City Code of h.jinances allows a property owner seeking to develop its
property to construct cehain road improvements identified in the City Center Linkages Pian,
whlch is attached hereto as Exhibit "I" and incorporated herein; and
WHEREAS, Owners own certain properties located in the City, as described on
Exhibit "2" attached hereto and incorporated herein ("Property" or "Properties"); and
WHEREAS, in lieu of paying City road impact .fees for development of the
Properties, Owners seek to construct the roadways depicted on the City Center Linkages
Plan running through or immediately adjacent to the Properties, as listed on Exhibit "3"
attached hereto and incorporated herein ("Linkage Roadways"), and. to receive credit
against the amount of road'impacf fees that would otherwise be due to the City; and
WHEREAS, in circumstances where the cost of the Improvements exceeds the total
amount of road impact fees due, section 78-99(d)(5) of the City Code of Ordinances
authorizes the City Council to allow property owners constructing such road improvements
to pool impact fees for multiple developments: and
WHEREAS, through the enactment of Resolution No. 25,2001, a copy of which is
attact\& hereto as Exhibit "4" and incorporated herein, the City Council approved the
pooling of impact fees for the Properties; and
WHEREAS, the City and Owners wish to provide for a method by which the pooled
impact fees will be credited and for the assured construction of all the Linkage Roadways
to be constructed by Owners; and
WHEREAS, in order to effectuate the timely construction of the Linkage Roadways
without regard to the actual date of development of each Property, the Owner of Parcel 5h
has agreed to dedicate to \he City the right-of-way for the construction of the Kyoto
Gardens Drive extension, and, in exchange, the City has agreed to convey to the Owner
BOOK 15893 P- 1451
#
of Parcel 27.12 the right-of-way for the construction of the Lake Victoria Gardens Drive
extension to effectuate the dedication of a perpetual public easement.
NOW, THEREFORE, for and in consideration of the premises and the mutual terms
and conditions set forth herein and other good and valuable consideration, the receipt and
suficiency of which are hereby acknowledged, the City and Owners hereby covenant and
agree as follows:
A. Recitals.
The above recitals are true and correct and incorporated herein by this reference.
8. bDact Fee Credits.
1. Owners shall apply for City road impact fee credits for construction of each
of the Linkage Roadways In accordance with section 78-9Q(c)(3) of the City Code of
Ordinances. These Credits shall apply collectively to the Properties specifical\y identified
The City shall establish a road impact fee credit bank ("Credit Bank") based
on the total amount of creditable costs for the construction of each of the Linkage
Roadways, as certified by the City Engineer in accordance with sections 78-99(c) and 78-
99(d) of the City Code of Ordinances. Once the City Engineer certifies the cost of a
Linkage Roadway, the certified cost shall be added to the Credit Bank. At the time building
permits are issued for the Properties, the road impact fees due for each permit shall be
deducted from the Credit Bank.
I
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* in Resolution 25, 2001 and more particularly described in Exhibit "2." /
2.
3. The City acknowledges that road impact fees for development of the
Properties have been or will be paid to !he City prior to the establishment of the Credit
Bank. The City and Owners agree that any City road impact fees paid with respect to the
Properties prior to the establishment of the Credit Bank shall be deemed to have been paid
to the City in escrow and shall be available for reimbursement to Owners to pay toward the
certified cost of the Linkage Roadways. Any 8ums to be reimbursed to the Owners shall
be reimbursed at the time of building permit for the Linkage Roadway Improvements.
4. Owners acknowledge and agree that the total impact fee credits available
shall not exceed the amount established by the Credit Bank. If the total amount of City
road impact fee credits available, as established by the Credit Bank, is less than the total
amount of impact fees due from the Properties in the aggregate, Owners shall be
responslble for the balance of any City road impact fees in accordance with all City Code
requirements. Once all impact fees have been paid for the Properties, the balance In the
Credit Bank shall be reduced to zero and the City shall have no additional obligation to
Owners.
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I BOOK IS893 WE 1452
5. Owners shall not assign any portion of the Credit Bank to persons or entities
not a party to this Agreement without prior written approval of the City Manager or hislher
designee.
6. Owners shall provide surety lo the Cily to ensure the completion of all
Linkage Roadways in accordance with the schedule established by the City Engineer as
fully set forth In Section C below.
C. Construction Schedule.
1. In accordance with section 78-99(d)(3) of lhe City Code of Ordinances, and
as a condition precedent to the utilization of road impact fee credits by Owners, \he City
Engineer has established a timetable for the commencement of construction for the
Linkage Roadways. These fixed dates are established in Exhibit "1." Owners shall
commence construction of the Linkage Roadways by the first day of the month and year
I identified on the Linkages Plan.
Y
I a. For the purposes of this Agreement, the term "cornhence construction" shall /
mean the actual installation of infrastructure.
b. The City Engineer may extend the commencement of construction date for
any Linkage Roadway for a period not to exceed six (6) months, provided
that Owners demonstrate that they have proceeded in good faith to obtain
all necessary permits and approvals and have encountered non self-imposed
delay. Owners must request any such extension in writing at least one (1)
months prior to the commencement of construction date established by the
City Engineer or Owners' ability to make such a request shall be waived.
2. As an additional condition precedent to the utilization of road impact fee
credits, Owners shall, within thirty (30) days of the certification of the total cost of each
Linkage Roadway by the City Engineer, provide'surety to ensure that construction of the
Linkage Roadway commences in accordance with the timetable established In Exhibit "1"
and In an amount equal to one hundred and ten percent (110%) of the certified cost
estimate established by the City Engineer for each Linkage Roadway.
a. The City shall be entitled to draw down on the surety if Owners: fail \o
commence constructlon of any Linkage Roadway within the established time
frame, subject to any time extensions granted by the City Engineer in
accordance with section C.1.b: fail to complete construction within twelve
(12) months of commencement; or are in material breach and default of this
Agreement and fail to cure same within fifteen (15) days.
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. .' ' ..,. ;*,*:,. .. . .* .. .. :;. ... . .(. . . ... . *.
BOOK 15893 PM€ 1453
b. The form of 'surety provided by Owners to the City purSuant to this
Agreement shall be subject to approval by the City and in the same format
as surety generally required for infrastructure improvements in accordance
with section 78-461 of the City Code of Ordinances.
0. Convevance of Proaerty.
1. Within thlrty (30) days of the execution of this Agreement, the City shall
transfer to the Owner of Parce\ 27.12, by quit-claim deed, the right-of-way for LakeVictoria
Gardens Avenue, as conveyed to the City by Northern Palm Beach County Improvement
0 is t ric t (" N on h ern").
'
a. The City makes no warranties whatsoever with respect to the Property or the
existence of any encumbrances.
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b. The City and Owners acknowledge that the right-of-way to be conveyed by
the City is subject to ah easement granted to Seacoast Utility Authority
immediately prior to the conveyance by Northern to the City.
2. Wdhin sixty (60) days of the execution of this Agreement, Owners shall
dedicate to the City by plat a one hundred and ten foot (I 10') wide right-of-way traversing
Parcel 5A, to be utilized for the extension of Kyoto Gardens Drive from Alternate A-1-A to Military Trail. .*
a. The City shall work with Owners to detormine the precise location for the
roadway ahd shaIl make every effort to accommodate such alignment during
the development approval process for Parcel 5A. However, the City and
Owners acknowledge that the final decision with respect to the ultimate
alignment of the right-of-way is within the discretion of the City Council.
Should it be necessary to alter the alignment of the roadway, Owners shall
be responsible for themst of any replat.
b. To the extent necessary, Owners shall accommodate the drainage for such
roadway within Parcel 5A and grant to the City whatever easements 8r8
necessary to effectuate such drainage.
c. Upon dedication of the roadway to the City, Owners shall have use of such
roadway for the development of Parcel 5A in accordance with all appllcable
City requirements and regulations for the construction of all Improvements
thereon and the installation of utilities.
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1. This Agreement may be assigned by Owners to successors in litle to the
Properties.
2. Owners shall notify the City in writing of any change in ownership of the
Properties viithin thirty (30) days ofconveyance. Any assignment of Owners' rights and
obligations pursuant to the terms of this Agreement shall not be effective until Owners
provide the City with written notification of such assignment.
F. ~lscellaneous Drovlsions.
I. The provisions of this Agreement may not be amended, supplemented,
waived, or changed orally. Any such amendment, supplement, waiver, or change shall be
in writing signed by each party to this Agreement. This Agreement constitutes the entire
understanding and agreemenl between the patties with respect to the subject matter
hereof,
'
2. All of the terms and provisions of this Agreement, whether so expressed or
not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and
their respective legal representatives, successors, and permitted assigns.
3. All notices or other communications required, contemplated or permitted
under this Agreement shall be in writing and shall be hand delivered or mailed via overnight
delivery to the following addresses:
As to the W:
CITY OF PALM BEACH GARDENS
10500 North Military Trail
Palm Beach Gardens, FL 33410
Attention: Ron Ferris, City Manager
copy to:
Watterson 8 Hyland, PA.
4100 RCA Boulevard, Suite 100
Palm Beach Gardens, FL 33410
Attention: Len Rubln, City Attorney
.*.: ..
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, MALL PROPERTIES, LTO.,
4300 Catalfumo Way
Palm Beach Gardens, FL 33410
Attention: 'Daniel S. Catalfurno
PGA Gateway, Ltd.
a Florida limited partnership
Attention: Oantel S. Catalfumo
4300 Catalfumo Way
Palm Beach Gardens, FL 33410
-5-
, .. .. . . 1... . :... :
LBFH, Inc.
2090 Palm Beach Lakes Boulevard
Suite 600
West Palm Beach, FL 33410
Attention: Dan Clark, Cily Engineer
8OW 15893 PcKiE 1455
RCA Center II of Florida, CLC,
a Florida limited liability company
Attention: Daniel S. Catalfurno
4300 Catalfumo Way
Palm Beach Gardens, FL 33410
PGA North II of Florida, LLC
a Florida limited liability company
Attention: Daniel S. Catalfumo
4300 Catalfumo Way
Palm Beach Gardens, FL 33410
Any party may change an address by sending written notice of such to the other parties,
in which case that new address shall be utilized.
I
l- 4. This Agreement shall be construed and governed by the laws of the State of
Beach County, Florida. No remedy conferred upon'any party is intended to be exclusive;
any other remedy, and each and every such remedy shall be cumulative and shall be.in
addition to every other remedy given hereunder or now.or hereafter existing at law or
equity or by statute or otherwise. No single or partial exercise by any party of arly right
power, or remedy hereunder shall preclude any other or-further exercise thereof.
# Florida. Any and all legal action necessary to enforce this Agreement shall be in Palm I
5. If any part of this Agreement fs contrary to, prohibited by.or deemed invalid
under applicable law or regulation, such provision shall be inapplicable and deemed
omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not
be invalidated thereby and shall b.e given full force and effect so far as possible.
6. The effective date of this Agreement shall be as of the date it has been
executed by all parties hereto.
7. A party's failure to enforce any provision of this Agreement shall not be
construed as a waiver of the fight to later enforce that or any other provision of this
Agreement.
8. Only the parties to this Agreement shaH have standing to enforce it.
8. This Agreement may be executed in counterparts, each of whidl shall be
deemed an Original, and all of which together shall constitute one (1) and the same
instrument.
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BOOK 15093 PNi€ L!i%
10. The parties acknowledge that each has shared equally in the drafting and
preparatlon of lhls Agreement and, accordingly, no Court or Administrative Hearing Officer
construing this Agreement shall construe it more strictly against one party than the other
and every covenant, term and provision of this Agreement shall be construed simply
according to its fair meaning. The headings contained in this Agreement are for
convenience of reference only, and shall not limit or otherwise affect in any way the
meaning or interpretation of this Agreement.
1 1, Failure to comply with any provision of this Agreement shall be considered
a material breach and a default which shall entitle the parties to all rights and remedies at
law or equity. Prior to lnltiatlng any action for an alleged breach, an initiating party shall
notify all other parties of the alleged breach at least fifteen (15) days prior to initiating such
action.
12. It is hereby understood and agreed that in the went any lawsuit in the judicial
system, federal or state, is brdught to ehforce compliance with this Agreement or interpret
same, or if any administrative proceeding is brought for the same purposes, the non-
prevailing party pay to the prevailing party reasonable attorney's fees and costs, including
appellate fees and costs.
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Y
/
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IN WITNESS WHEREOF', the undersigned have hereunto set their hand and seals
the day and year first above written.
RDENS, a Florida DENS, a Florida
-7-
Owners:
MALL PROPERTIES, LTD.,
a Florida limited partnership
By: Catatfurno Management and Investments, Inc.
Presi
STATE OF FLORIDA
COUNTY OF PALM BEACH
I
.Y f
4
BEFORE ME, a person authorized to take acknowledgments, personally appeared
Daniel S. Catalfumo, as president of Catalfumo Management and Investment, Inc., as
general partner of Mall Properties, Ltd., w
day of OtcCokcroe,
cuted the foregoing i
s personally known
6
.'
PGA GATEWAY, LTD.,
STATE OF FLORlDA
COUNTY OF PALM BEACH
take acknowledgments, personally appeared
f Diver Management, Inc., as general partner
he foregolng lnstrum
s personally known
as identificalion.
6
votary
~p\rbllc-s)o(sdAac#o woomnbrbn~Elr~o= -8-
nil
-a', , .. ,. . . .. . . . . ..
RCA CENTER II OF FLORIDA, LLC,
a Florida limited liability company
By: PGA Gateway, Ltd., sole member
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, a pers authorized to take acknowledgments, personally appeared
has +8!tWsl-d+& of Diver Management, lnc., as general partner
#
t. I
PGA NORTH WOF FLORIDA, CLC,
STATE OF FLORIDA
COUNTY OF PALM BEACH
take acknowledgments, personally appeared
of Diver Management, Inc., as general partner
of PGA Gateway, Ltd., as sole member P A North II of Florida, LL
day of ?%!&r
as identification.
BOOK 15893 PflE 1459
EXHIBIT 1
City Center Linkages Pian and Timetable
. .. __ .,, .... i:
CITY CENTER LXNKAGES
'Vehiculu Tnffic CoMcccions"
Fixed Dam for Consation Sw ASSURED CONSTRUCTION
MISTING ROADWAY
Boot( 15891 PW 1462
COMPOSITE EXHIBIT 2
Legal Descriptions of Properties
parcel 28.01, according to the @at tkreof, recorded in Plat Book 00, Page 119-121 of the
Public Records of Palm Beach County, Florida.
pard 27,03, according to the plat thereof, recorded in Plat Book 88, Pages 1 16-1 17 of the
Public Records of Palm Beach County, Florida.
parcel 27.04, according to the plat thereof, recorded in Plat Book 90, Page 1-2 of the
Public Records of Palm Beach County, Florida.
and Par-, according to the plat thereof, recorded in Plat Book 88,
Page 104-105 of the Public Records of Palm Beach County, Florida.
Parcel 27,108, according to the plat thereof, recorded in Plat Book 88, Pages 1 18-1 I9 of
'
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# the Public Records of Palm Beach County. Florida. /
parcel 27.12 findud *i Q~Q Parc el 27.141, according to the plat thereof, recorded in Plat Book
94, Pages 40-42 of the Public Records of Palm Beach County, Florida.
Parcel 5A (attached)
mcel5B (attached)
..
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM is executed this 30 day of December, 2004 by and
between PGA NORTH I1 OF FLORIDA LLC, a Florida limited liability company, RCA
CENTER II OF FLORIDA LLC, a Florida limited liability company, PGA GATEWAY,
LTD., a Florida limited partnership, and MALL PROPERTIES, LTD. a Florida llmited
partnership (sometimes collectively referred to herein as "Catalfumo Entities') and the
CITY OF PALM BEACH GARDENS, a political subdivision of the State of Florida
('City').
Backaround
1. The Catalfumo Entities and the City entered into a certain Agreement for Assured
Construction of Linkage Roads dated October 3, 2002 (the "Assured
Construction Agreement"). The city previously sued the Catalfumo Entities for
specific performany of the Assured Construction Agreement, which lawsuit will
be stayed pending completion of the Kyoto Drive Improvements described below.
2. RCA Center I1 of Florida LLC has obtained from the City, Site Plan Approval
pursuant to Resolution 216, 2004 (the "PUD Approval") for a certain planned unit
development also known as Parcel 5B.
3. Pursuant to the City's Land Development Regulations and the PUD Approval, the
Catalfumo Entities are required to construct a 2-lane road from Alternate AlA to
Military Trail known as Kyoto Gardens Drive Extension ('Kyoto Drive
Improvements"). The City has requested that Kyoto Drive Improvements be constructed as a 4-lane road to provide for future road capacity and the City has
agreed to fund the difference in cost between a 2-lane road and a 4-lane road
concurrently with the construction of the Kyoto Drive Improvements as set forth
on Exhibit "A" attached hereto
4. Catatfurno Entities and City agree that it is critical that construction of the Kyoto
Drive Improvement6 commence on or before March 31 , 2005 I The understanding of the parties is as follows:
1. Catalfumo Entities will contract separately for the construction of the bridge
portion of the Kyoto Drive Improvements and the road portion of the Kyoto Drive
Improvements located withln the City's Road Right-of-Way In order to expedite the
commencement of construction, it being understood that the bridge portion of the
constructlon will be able to commence most expeditiously in this fashion. Catatfurno
Entitles shall commence construction of the bridge portion of the Kyoto Drive
Improvements on or before March 31, 2005 and shall use its best efforts to complete
the Kyoto Drive Improvements prior to December 31,2005 and in any event as soon as
practicable thereafter. In order to assist Catatfurno Entities in completing the Kyoto
Dride Improvements and the other linkage roads through Parcels 5A and 6B, City shall
use its best efforts to review and permitt road plans submitted by Catalfumo Entities in
connection with said road work and as soon as practicable issue work permits as
necessary to allow Catalfumo Entities to meet the required time schedules.
2. Catalfurno Entities shall be responsible for the cost of constructing a %lane
divided (similar to the 58 Roadway approved by Resolution 216, 2004 PUD Approval)
road only with the City obligated to pay the increased costs caused by the City's
requirement that the Kyoto Drive Improvements provide 4 lanes when first constructed.
City shall also be obligated to pay for the cost of the FEC railroad crossing and related
improvements. The City agrees to reimburse the Catalfumo Entities its share of the
monthly contractor invoice in accordance with the Estimates attached hereto as Exhibit
"A" (as contempfated by Paragraph 13a of Resolution 216) exclusive of the City's
payments to the FEC.
I
3. Catalfumo Entities shall provide a Bond satisfactory to the City Manager in the
estimated amount required to construct its 2-lane share of the Kyoto Drive
Improvements in a format acceptable to the City Attorney and as required in PUD
Approval. Catalfumo Entities hereby agrees that should the City call the bond and
assume the responsibility for construction of the roadway; the City may use a two
square acre area of land immediately north of the north Kyoto Gardens Drive Right-of-
Way line (in the vicinity of the bridge) for the purposes of draining the road. Further, this
agreement maybe used to demonstrate to permitting agencies that water quality
requirements maybe met within that two acre area and that the City has the legal rights
to excavate and use that acreage for drainage purposes.
4. Catalfumo Entities and its contractors shall Comply with all aspects of the
construction requirements as set forth in the Stipulated Final Order and other related
documents for Kyoto Gardens Drive on both the east and west sides of the FEC
trackbed. All correspondence with FEC will be copied to the City Attorney and all phone
calls to FEC will be logged and a call log will be forwarded to the City with each request
for reimbursement of construction costs.
5, Catalfumo Entitles shall be entitled to impact fee reimbursements and credits
which shall be pooled and credited In accordance with the Assured Construction
Agreement for both the bridge and road improvements provided the projects are
completed within the times established in this agreement.
6. City shall be entitled to a right of approval of the contractors selected for
construction of the Kyoto brive Improvements. If possible, the contractors selected
shall be ones that have current, ongoing, public construction projects that the City can
"plggy-back' onto in order to satisfy the waiver requirements for the public bidding of the
Cltfs portion of the Kyoto Drive Improvements. It is acknowledged that, in any event, it
is not practicable to obtain separate contractors to bid on the expanslon of the Kyoto
Drive Improvements from 2-lane road improvements required to be constructed by the
Catalfumo Entities to the 4 lanes requested by the City. I
IN WITNESS WHEREOF, the parties executed this Memorandum of
Understanding as of the date set forth above.
Witness PGA NORTH II OF FLORIDA LLC,
By: Diver Management, Inc.,
Its general partner
RCA CENTER II OF FLORIDA LLC
By: PGA Gateway Ltd., sole member
PGA GATEWAY, LTD,
WKSS MALL PROPERTIES, LTD.
By: Catalfurno Management and
!
L-
CITY OF PALM BEACH GARDENS
By:
- Estimate -
e Dnve Conshucbon Cosb Summarv
ILBM
khe Road Construction Cost
2-Lane Bridge Cbnstruction Cost
Landscaping & Idgation
fQsI
f l,os41e75
$ 2,490,000
$ 360,475
Total 2-Lane Option Cost 5 3,945,350
(-Lane Road Construction CaPt
4-Lu\c Bridge Construction Cost
Landseaping Q Iniga tion
$ 1,237,826
$ 3,24CJ,W s 360.475
TOM 4-h Option Cork 5 4,838,301
Upgrade of Road to Pour Lanes Conshucdon Cost $ 142,951
Upgrade of Bridge to Pour Lanes Cons(nrction cast $ mm
Sob-Total Conrtntcdon Cost of Upgrade to 4 Lanes: $ 892,951
Upgrade to 4 Lanes Engineering/Survey/Ceote!ch Costa $ 21,982 112 of item coots
Upgrade to 4 tancr Clearing Cost $ 16,425 1/2ofitemcost
Upgrade to Pour Lanes Military Trail Signalization Cost S 225,OOO 1/2 of Item cost ..
S~b-Totd Dertgn, Clearing & Signal Upgrade Cork S 263A07
Sub-TOW Derign & Conrtnrctlon Upgrade Cork S 1,166,358
IS% Condgency: $ 173,451
1596MminlsttPtion: $ 173,454
BondCost(2%): $ 30,065
Total Cort of Upgrade to 4 Lmrr:
1. ThC above figures do not indude the cost of design and construction
of the PBC nllroad msstng and nlated hprovunenb whfch ate to be
paid 100% by the City of Palm Beach Gardens.
2.-qm*--awp -v
3. Estimated costs arc based on 2004 materials and labor cmts.
EXHIBIT "A"
1.
5. a,
PAYMENT AND PERFORMANCE BOND
FOR INFRASTRUCTURE COMPLETION I
Know at1 men by these presenb:
That we, PGA NORTH I1 OF FLORIDA LLC, a Florlda llmlted liability company, RCA
CENTER I1 OF FLORIDA LLC, a Florida limited liability company, PGA GATEWAY
LTD., a Florlda limited partnership, and MALL PROPERTIES, LTD., a Florida limited
partnemhlp (herelnafter called "PRINCIPAL"), and Liberty Mutual Insurance'Company,
authorized lo do business in the State of Florida, (hereinafter referred to as "SURRY")
are held and firmly bound unto the City of Palm Beach Gardens (herelnafter called the
"CITY"), a polltloa[ subdivislon of the State of Florida, In the full and just sum of
Dollars (S 4,734,420 .OO
four Hillion Seven Hundred Thikty four Thourand, Four Hundred Twenty and OO/\oO---
1 lawful money of the Unlted
States of America, to be pald to the CIN to which payment wlll and truly be made, we
blnd ourselves, our heirs, executom, administrators, successors and asslgns, jointly and
severally, firmly by these presents:
WHEREAS, the above bound PRINCIPAL has executed an agreement for
Assured Construction of Llnkage Roads with the City dated October 3,2002 ("Assured
Construction Agreement') and RCA CENTER II OF FLORIDA LLC, has obtalned from
the CIM, Slte Plan approval pursuant to Resolutlon 216 , 2004 (hereinafter called the
'PUD Approval") for a certain planned unit development known as Parcel 5B and has
agreed as a condition of the Assured Construction Agreement at the PUD Approval to
complete the Requlred Improvements (as hereinafter defined).
Required Improvements consist of constructing a two-lane portion of a four-lane road
known as the Kyoto Gardens Drive Extension (Resolution 216, Section 4 Engineering
Item 14a.).
WHEREAS; the
WHEREAS, this Payment and Performance Bond for infrastructure Completion *
Four Nllllon Seven Hundred Thirty Four Thousand, Four Hundred Twenty and OO/lOO--
(hereinafter called the 'Bond") Is iq the full and just sum of.
I Dollars ($ 4D7q4D420*00 ) lawful money of the United States of America, said sum
being the estimated cost to complete the responclblllty of PRINCIPAL for it3 share of
the conetruction of the R6qUlred Improvements.
NOW, THEREFOREl the SURETY agrees as follows:
1.
2,
The foregalng recitals are Incorporated hereln by reference.
The condltlon of thls obligation of SURETY la such that if the PRINCIPAL
shall, in all respects, fully comply with, carry out, construct, erect and build
Its share of the Requlred Improvements in subatahtlai confomw wlth the
plans, specificatlons and schedules covering sald work and such
approved additions, amendments or alterations as may be made In the
plans, speclflcations and schedules for said work (It being understood that
the SUREN shall remain bound under this Bond although not Informed of
any such additions, amendments or alternations), and shall commence
and complete all of said work in accordance wlth the Contract for
construction of the work and, provided It receives prompt payment from
the Clty for the City’s share of the cost of the work, or is otherwise
compensated by the Clty as the parties may subsequently mutually agree
in wrltlng may promptly make payment to all persons supplying the
PRINCIPAL, Its contractors or subcantractore with any labor, services,
matella\ andlor supplies used directly or indirectly by them or some or any
of them In the prosecution of sald work, then this obllgatlon has be void,
otherwise remaining in full force and effect.
SUREN, for conslderetion received, hereby stipulates and agrees that no
changes, extensions of tlme, alterations or addltlons to the work or the
plane, epaclficatlons and schedules coverlng the eame, or in the term or
mode of payment forthe same, shall In anywise affect llabillty or.peyment
under this Bond, and It does hereby walve notice of any and all such
changes, cxtenslons of time, alterations and additlons lo the work or to
the plans, specmcatlons and schedules coverlng seid work.
The prlncipd amount of thls Bond will be reduced, from tlme to tlme, only
3,
4.
8 ;
as and when (a) the PRINCIPAL provides the ClJY with evidence of
partial completion and payment costs and elipenses of the Project
reasonably satisfactory to the CITY, such as by way of example, release
of lien and certification of payment, and (b) the PRINCIPAL provldes the
CllY an engineering estlmate of costs to complete the Required
Improvements, or (c) CITY draws down payments from SURElY under
this Bond in accordance with the provisions of paragraph 5c below. The
PRlNClPAL shell provide the CITY wlth a 11st of all contractors,
subcontractors and material contractors, subcontractors and material .
suppllers, together wlth a certlflcate of the general contractor certlfying
such list is complete. The ClN shall not have the obligation to reduce the
prlnclpel amount of this SURElY, If It has reasonably concluded the costs
of completlon wlll exceed the original cost estlmate or evidence of
payment and partlal completlon Is nat satisfactory to the GIN. To obtaln
a reduction in the prlnclpal sum of the Bond, the PRINCIPAL shall obtain
from the CITY authorization for a reductlon, whlch shall be forwarded to
the SURETY. Any reduction in Bond value shall be consldered effected
and binding agsrlnat CITY.
5. Whenever the PRINCIPAL shall have feiled or refused to cornmenoe or
complete the said work by the dates set forth In the Contracts for the
work, the CITY may declare the PRINCIPAL'to be in default and the
SURETY may remedy the default within thirty days, or shall within thirty
days:
a. Complete or begin completion of the said work in accordance with
the specificatlons and schedules covering said work and such
approved additions, amendments or alterations as may be made In
the plans, speclflcatlons and schedules cover-lng said work,
completing the work in a prompt manner, or
Obtaln a bid or blds for submlssion to the CITY for completion of
sald work in accordance with the plans, speclflcatlons and
schedules cqverlng said work, and such approved additions,
amendments or alterations as may be made in the plans,
specifications and schedules for said work, and upon determlnation
by the CITY and the SURETY of the lowest responsible bidder,
arrange for a contract between such bldder and the SURETY. and
pay to such bldder as work progresses (event should there be a
default or a successlon of defaults under the contract or contraeta
of completion arranged under this paragraph) the funds requlrad to
b.
pay the costs of completion of said repair or maintenance work as
hereln described.
Alternatively, the parties hereto understend that upon default by
PRINCIPAL, CITY may elect to assume the contracts for the
construction of the work, in which event CITY shall be entitled to
draw from SURETY the amounts due on a monthly basls In order
for CITY to cover PRINCIPAL'S share of the cost of the work
rbgardless of the fact that the cost of the Required Improvements
may exceed the amount of thls Bond. If City elects to assume the
contracts for construction of the Requlred Improvements, this Bond
shell be modffied as necessary to comply with the provlslons of
F.S. 255.05.
c.
6. The C17u shall be entitled to their reasonable attorney's fees and oosts In
any action at law or equlty, induding appellate court actlons, to enforce
the CITY'S rights under thls Bond.
IN WITNESS WHEREOF, the PRINCIPAL and SUREfY have qxecuted these
prc,snte thls 28th day of December, 2004.
.. I a. .*
Witness PQA NORTH II OF FLORIDA LLC,
By: Diver Management, Inc.,
OF FLORIDA LLC
PGA GATEWAY, LTD,
Witness MALL PROPERTIES. LTD. I
SURElY:
Liberty Mutual Insurance Company
fd- By:
Counterslgned by; Brett Rorenhaus
Address: bo00 South 57th Avo. lite. 201
Llrke Worth, FL 33163
Brett Rorenhaur, Attornny In. Fsct/FL RelJdeht Agent
Liberty Mutual Surely Bond Number []@/ OOq2 3.v
NOTICE FROM SURETY REQUIRED BY
TERRORISM RISK INSURANCE ACT OF 2002
In accordance with the Terrorism Risk Insurance Act of 2002 (referred to
herelnafter as the "Act"), this disclosure notice is provided for surety bonds on
which one or more of the following companies is the issuing surety: Liberty
Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM
Insurance Corporation; The hst Liberty Insurance Corporation; Liberty
Insurance Corporation; Employers Insurance Company of Wausau (formerly
'EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless
Insurance Company; and any other company that is a part of or added to the
Liberty Mutual Group for which surety business is underwitten by Liberty Mutual
Surety (referred to collectively hereinafter as the "Issuing Sureties").
NOTiCE FORMS PART OF BOND
This notice forms part of surety bonds issued by any one or more of the Issuing
Sureties.
DISCLOSURE OF PREMIUM
The premium attributable to any bond coverage for 'acts of terrorism" as defined
in Section 102(1) of the Act is Zero Dollars ($0.00).
DISCLOSURE OF FEDERAL PARTICIPATION
IN PAYMENT OF TERRORISM LOSSES
The United States will reimburse the Issuing Sureties for ninety percent (90%) of
any covered losses from terrorist acts certified under the Act exceeding the
applicable surety deductlble.
LMIC-6 53 9 1 It Isto4
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1486470 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
Thlr Powor of Anarney limits the a& of thore named herein, end they have no authoiity lo blnd the Company except In the manner and lo
the extent hemin rtnted.
UBERW MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
POWER OF AlTORNEY
KNOW ALL PEASONS BY MESE PAESENTS: l?wl Llbetty Mutual Insurance Company (he 'Company'), a Massachusetls stock insurance
compeny, pursuant lo and by rulhorky of be By-law Md AtAhorlralion hereinaner set forth. does hereby name, consUMe and appoint
RICHARD M. Bl/nN, KAREN L DEBARDAS, BRm ROSENHAUS, MELINDA ROSENHAUS, ALL OF THE CrrY OF
WEST PALM BEACH, STATE OF nOAlDA ..........................................................................................................................
, each indiudly Y hen bs mors Um one named, tk bue and lawfil stlomey-in-fact lo make, execute, seal, acknowledge and deliver, lor and on its
behall aa sua end as Ils act a$,~??$anyMnd~I unde~Wldngs, bonds, recognizances and other sure obl In the pend sum no1 errceeding nmv MLU~N AND owoo DOLLARS (s 50,000, b.8 )oach,andthe
exetyulon of W underhklngs, bonds, recognlzanCW and Olhdr Surety ObliQStiOnS, In pumuance of these presents. shell be as blnding upon the
company as If hey had been duly slgned by Ihe presldonl and atlested by the secrelary of he Campany In their own proper persons.
That thls power Ir mode and oxoartod pumuanl lo vd by aulhorlty of the following By-law and MhorlzaUon.
.............................................................................................................................. ".........,.,.....................,....,,.,,,,,.,...,,,.,,,,,,..
il n.
AATICLE Xlll - Exealkn a4 Conlru. SocUon 5. Surety Bonds and Unde-klngs. Any olltc# of Iho Company rr#rorlred lor -1 pwpose h wrttlng by the chairman or the prosiden1 and subled lo wch Ilrnllations u the
dmlrrnan or ha preddM mny pretcrlbe, shall appolnt wch atdorneys-ln-fact. as may be necessary to act In behalf of he Company lo make, rxoaile, seal. ncknowl~e and dolvor 8s surely MY and 8U mderlakhgs, bonds, racognlzances end other surely oblgattons. Such
~tlomsysWrd, wbyd to ha IMLIUons rrt lorlh In lhelr raspective powen 01 attorney, shdl have lull power to bind the Company by Lhelr
slgrmlufa and executlon ol my wch Mnvnenb and lo altach hereto he seal d the Company. When so executed such hdnnnents shall be
as blndlng as II dgnad by no proddent and altosled by the cecfetary. a
nC
By the fdbwlng hstrumenl the chalnr\an or the presldenl has auVIorlzed the oflicor or Other offidal namd thersln b appdnl attomays-ln-fect E- Punuanl to Arlids XIII. Section 6 of ha By-Laws, Qemet W. ElIloll, Assistant Secrelw 01 Uberty Mutual Irrsuram Company, is hereby
euVIorlzed lo sppolnt such atbnreyr4nJact as may be necessary (0 acl In bohalf d tho Compeny to make, execute, seal, scknowlwe and deliver a8 sutety eny and d undectrklnge, bonds, recognizances and othor surety obllgslkns. 4
That Ihr By-law and the Authorlrslicn tal lorlh above are lrue copies hem1 and ere now In lull lorce and effect.
IN WITNESS WHEREOF, lhls Power d Anomoy hns been subscribed by an authlzed &or or oWcd of Ihe Company and Lha carpotale seelo1
Uborty Mutual lnwnnco Company ha8 been aMxd hereto In Plymouth MOaUng, Pemsylv~a lhls 23y day d
F ' t 9 March
LIBERTY MUTUAL INSURANCE COMPANY
TNr cadlalo and thr -0 power d attomiy my be slgned by fdmlle or meGhanlcally ts~roduced rmtures under ud by .ulhorlty d tha
ldbwlng vote d tho borrd d dlrwlon d Uprty Mutual Insurmeo Campany rl e moeUng ddy eollod and hold on &e lah day ol Much. 1980.
VOTED thal Uw Iacrlmlo or meohenlcaly reproduced Mgnahm 01 my boslstant rscrotnry 01 Ihe company, wherever oppearlng opon a
cerURed cop/ of wy per d bmey Issued by ha company In connection 4th cwsty bonds, &hdl be valid end Mndhg upon the company
Wllh the sme force end effect as though manually 8Mxed.
n nw
hereunto subscdbd my me and aMxed the corporato real 01 UM said pmpany, tMs &' day ,of
A /
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ia
Date Prepared: Oclober 19,2005
As Amended December 1,2005
RESOLUTION 166,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE MASTER
DEVELOPMENT PLAN FOR THE 78.96-ACRE PGA CORPORATE
CENTER PLANNED COMMUNITY DEVELOPMENT (PCD)
GENERALLY BOUNDED BY INTERSTATE 95 RIGHT-OF-WAY AND
MILITARY TRAIL TO THE WEST, THE WINCHESTER COURTS
AND GARDEN WOODS RESIDENTIAL DEVELOPMENTS TO THE
NORTH, ALTERNATE A?A TO THE EAST, AND PGA BOULEVARD
TO THE SOUTH, AS MORE PARTICULARLY DESCRIBED HEREIN,
TO ALLOW THE DEVELOPMENT OF 240,000 SQUARE FEET OF
OFFICE USE AND 600,000 SQUARE FEET Of LIGHT INDUSTRIAL
ANCILLARY COMMERCIAL USE, ON 17 INDIVIDUAL PARCELS;
PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF
APPROVAk AND PROVlDlNG AN EFFECTIVE DATE.
USE, INCLUDING A MAXIMUM OF 42,000 SQUARE FEET OF
WHEREAS, the City has received a request from Mr. Ryan Johnston of
Catalfumo Construction and Development, Inc., on behalf of PGA North II of Florida,
CLC, for approval of a master development plan for the 78.96-acre PGA Corporate
Center Planned Community Development (PCD) generally bounded by Interstate 95
right-of-way and Military Trail to the west, the Winchester Courts and Garden Woods
residential developments to the north, Alternate A1A to the east, and PGA Boulevard to
the south, as more particularly described herein, to allow the development of 240,000
square feet of office use and 600,000 square feet of light industrial use, including a
maximum of 42,000 square feet of ancillary commercial use, on 17 individual parcels;
and
WHEREAS, the subject site has a Planned Community District Overlay (PCD)
zoning designation with an underlying zoning designation of Research and Light
lndustrial Park (MI) and has a land-use designation of Industrial (I); and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient and consistent with the City's Comprehensive Plan
and Land Development Regulations, and has recommended its approval; and
WHEREAS, the Planning, Zoning, and Appeals Board reviewed said petition at
its October 1 1 , 2005, meeting and recommended its approval by a vole 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
Date Prepared: October 19,2005
Resolulion 166, 2005
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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 8Y 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 master development plan application of Mr. Ryan Johnston, of
Catalfumo Construction and Development, Inc., on behalf of PGA North II of Florida,
LLC, is hereby APPROVED on the following described real property, to permit the
development of 240,000 square feet of office use and 600,000 square feet of light
industrial use, including a maximum of 42,000 square feet of ancillary commercial use,
on 17 individual parcels within the 78.96-acre PGA Corporate Center PCD generally
bounded by Interstate 95 right-of-way and Military Trail to the west, the Winchester
Courts and Garden Woods residential developments to the north, Alternate A1A to the
east and PGA Boulevard to the south, subject to the conditions of approval contained
herein, which are in addition to the general requirements otherwise provided by ordinance:
LEGAL DESCRIPTION:
ALL THAT PORTION OF SECTION I, TOWNSHIP 42 SOUTH, RANGE 42 EAST
AND SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA, LYING SOUTHERLY OF PLAT NO. 4 OF THE CITY OF PALM BEACH
GARDENS, AS RECORDED IN PLAT BOOK 27, PAGES 4 THROUGH 6, AND ALSO
SOUTHERLY OF THE PLAT OF WINCHESTER COURTS, AS RECORDED IN PLAT
BOOK 37, PAGES 153 THROUGH 155, ALL OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; AND LYING EASTERLY OF THE EASTERLY RIGHT-
OF-WAY LINE OF INTERSTATE HIGHWAY 1-95; AND LYING NORTHERLY OF THE
NORTHERLY LIMITED ACCESS RIGHT-OF-WAY LINE FOR SAID INTERSTATE
HIGHWAY 1-95 AND NORTHERLY OF THE NORTH RIGHT-OF-WAY LINE OF PGA BOULEVARD; AND LYING WESTERLY OF THE WESTERLY RIGHT-OF-WAY LINE
OF THE FLORIDA EAST COAST RAILROAD.
LESS AND EXCEPTING THEREFROM THE FOLLOWING PARCEL AS IDENTIFIED
AS PARCEL 100, AS RECORDED IN OFFICIAL RECORD BOOK 10839, PAGE 1477,
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
LESS AND EXCEPTING THEREFROM THE PARCEL OF LAND CONVEYED TO THE
OFFlCtAL RECORD BOOK 17322, PAGE 1841, AND OFFICIAL RECORDS BOOK
18372, PAGE 1906, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORID A.
CITY OF PALM BEACH GARDENS BY THE RIGHT-OF-WAY DEED RECORDED IN
CONTAINING 3,439,345 SQUARE FEET OR 78.956 ACRES, MORE OR LESS.
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Date Prepared: October (9,2005
Resolution 166.2005
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
1. Section 78-506, Sidewalks, to allow a sidewalk on only the south side of
Kyoto Gardens Drive.
Section 78-563, Lake maintenance tracts, to allow for landscaping within the
Lake Maintenance Easement (LME) on the south side of the lake as
reflected on the approved site plan.
SECTION 4: Said approval is subject to the following conditions, which shall be
approves the following two (2) waivers:
2.
the responsibility of the Applicant, its successors, or assigns:
Plannina and Zoning
1. At the time of platting, the Applicant shall dedicate a 10' x 30' easement
along Kyoto Gardens Drive for a bus/trolley shelter. Within sixty (60) days
of a written determination from Palm Tran or the City Council that a
busltrolley shelter will be utilized on the subject site, the Applicant, its
successors, or assigns shall submit an application for an administrative
approval to allow for review and approval of the site plan, landscape plan,
and building elevations for the bus shelter. The bus shelter design shall be
consistent with the City Council's previous approval of such shelters. The
Applicant, its successors, or assigns shall be responsible for the
construction of a bus shelter In a timely manner to accommodate Palm
Tran's or the City's needs for the bus shelter. The bus shelter shall be
constructed within six (6) months of the approval of the administrative
amendment, unless another time frame is established in the administrative
approval. (Planning & Zoning)
2. Prior to the issuance of each permit for vertical construction, the Applicant
shall contribute one percent (1%) of the construction cost of the building($)
towards art in public places regardless of whether or not said building(s)
exceeds the $1,000,000 threshold for vertical construction costs. Prior to
the issuance of each permit for vertical construction, the Applicant shall
submit to the City documentation showing that a deposit was made with the
developer's attorney into an escrow account in an amount of money equal
to the art fee. All of the art in public places funds collected on the Property
shall be utilized to create an art piece or series of art pieces that satisfy the
art in public places requirements for all buildings on site. Said art shall be
approved by the City in accordance with the provisions of the LDRs; shall be
installed at the intersection of Kyoto Gardens Drive and RCA Center Drive,
subject to the approval of the City Engineer and City Forester, unless
otherwlse determined by the Ad in Public Places Advisory Board and the
City Council; and shall be installed prior to the last Certificate of Occupancy
on site. The parcels adjacent to the intersection shall dedicate an easement
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Date Prepared: October 19.2005
Resolulion 166,2005
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on each lot for art in public places at the corners of the intersection during
the replat process for the parcels. The size of the easement shall be
determined during the site plan review process. Should the Applicant
choose not to provide the art on site, the Applicant shall instead contribute
the required funds to the City’s art account. If the Applicant chooses the
option of providing art funds, (1) the Applicant shall provide notification to
the City in writing that it has chosen the art funds option prior to the
issuance of the first building permit for vertical construction; (2) the
Applicant will have no input in the use of such funds; and (3) the art in public
places easements shall be abandoned. (Planning & Zoning)
Prior to the issuance of the first Certificate of Occupancy on site, the
Applicant shall obtain approval of a Master Signage Program for the
Property. (Planning 8t Zoning)
The Applicant shall provide vehicular connections between sites, where
appropriate and feasible, to the satisfaction of the Growth Management
Administrator and City Engineer, so that vehicles parked within the site that
wish to access RCA Center Drive may do so without having to utilize Kyoto
Gardens Drive. (Planning & Zoning)
The development on site shall be limited to a maximum of 600,000 square
feet of light industrial use and a maximum of 240,000 square feet of office
use. Any proposed increase in the office square footage that is determined
by staff to meet the thresholds established in the Florida Statutes for
Development of Regional Impact review shall be accompanied by a Letter of
Interpretation from the Florida Department of Community Affairs confirming
that the project is not required to undergo Development of Regional Impact
review. Any increase in the office square footage shall also be subject to
review by the City Council. (Planning & Zoning)
Prior to the issuance of each occupational license or building permit for
interior improvements to tenant spaces, the Applicant, its successors, or
assigns shall submit a breakdown, by use (office, industrial, and any
ancillary commercial), of the gross square footage within the PCD for
approval by the Planning and Zoning Division. (Planning & Zoning)
Retail sales and consumer services establishments are allowed only as
accessory uses to any permitted or conditional use within the Ml zoning
district. However, the commercial uses shall not occupy more than five
percent (5%) of the gross floor area of all buildings within the development.
(Planning & Zoning)
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Resolutlon 166,2005
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8. During the period of effectiveness of this development order, the Applicant
shall annually provide the City with a status report on all the approved
elements of tho PCD, including a summary of completed construction, a
schedule of proposed construction over the remaining life of the
development order, and verification of compliance with all conditions of
approval. The annual report should be provided each year prior to the
anniversary date of the approval of this Resolution. (Planning & Zoning)
9. Prior to the issuance of first Certificate of Occupancy on site or within sixty
(60) days of the acceptance of the Kyoto Gardens Drive construction by the
City, whichever comes first, the Applicant shall install at least two (2)
fountains within the lake, to the satisfaction of the City Engineer, at locations
approved by the Growth Management Administrator. (Planning & Zoning,
City Engineer)
IO. The Public Access Easements that provide access to certain parcels from
Kyoto Gardens Drive shall have sidewalks on both sides, with a minimum
width of five (5) feet. (Planning & Zoning)
11. Applicants requesting site plan approval for the individual parcels within the
PCD shall send public notices via regular mail to all property owners within
500 feet of the PCD boundaries at least ten (10) days prior to any Planning,
Zoning, and Appeals Board or City Council meeting at which said site plan
application will be heard. (Planning & Zoning)
_Landscaolng
12. By January 30, 2006 (sixty (60) days from the date of this approval), the
Applicant shall submit a landscape plan, to the satisfaction of the City
Forester, for (I) the supplemental landscaping within the ten (IO) acre
preserve and the landscape buffer on the north side of Kyoto Gardens
Drive; (2) the portion of RCA Center Drive extending from the Property to
the northern boundary of the RCA Center PUD located to the south of the
Property; (3) the western road shoulder of Alternate AlA from PGA
Boulevard to the northern boundary of the Property; and (4) the'Alternate
AlA median from PGA Boulevard to Kyoto Gardens Drive. (City Forester)
13, Within six (6) months of the acceptance of the Kyoto Gardens Drive
construction by the City, the Applicant shall remove the exotics from and
install the supplemental landscaping within the ten (10) acre preserve in
accordance with the landscape plan for the same approved by the City
Forester. (City f'orester)
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Date Prepared: October 19,2005
Resolution 166,2005
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14. Within sixty (60) days of the acceptance of the Kyoto Gardens Drive
construction by the City, the Applicant shall remove the exotics from and
install the supplemental landscaping within the buffer on the north side of
Kyoto Gardens Drive adjacent to the lake in accordance with the landscape
plan for the same approved by the City Forester. (City Forester)
15. Prior to any clearing within the individual development parcels within the
Property, the Applicant shall obtain a Clearing Permit from the City Forester.
The clearing of the individual parcels shall not occur until such time when
the site plan and plat for the specific parcel are approved by the City
Council, and infrastructure construction plans for the parcel are approved by
the City Engineer. Notwithstanding the foregoing, the Applicant may obtain
a Clearing Permit from the City Forester to clear portions of the individual
parcels prior to the approval of the site plan and plat for the specific parcel,
which clearing shall be strictly for the purposes of road andlor public
infrastructure construction. (City Forester)
16. The Applicant, its successors, or assigns shall be responsible for the
maintenance of the landscaping within (1) the portion of Kyoto Gardens
Drive from Military Trail to Alternate A1 A; (2) the western road shoulder and
one-half (1/2) of the median of Alternate AIA from PGA Boulevard to the
northern boundary of the Property; and (3) the northern road shoulder and
one-half (1/2) of the median of PGA Boulevard from Alternate AlA to
Interstate 95. (City Forester)
17. The landscaping within the road shoulder and medians of Kyoto Gardens
Drive and RCA Center Drive located within the Property, as well as the
portion of RCA Center Drive extending from the Property to the northem
boundary of the RCA Center PUD located to the south of the Property, shall
be completed when the construction of said roads are accepted by the City.
The landscaping within the western road shoulder of Alternate AlA from
PGA Boulevard to the northern boundary of the Property and the Alternate
A1A median from PGA Boulevard to Kyoto Gardens Drive shall be installed
within six (6) months of the issuance of the first clearing permit for an
Individual parcel within the PCD. (City Forester)
18. 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 PGA Corporate Center Property Owners Association,
its successors, or assigns shall automatically become a member of such
special district. This condition may be amended at any time by separate
agreement between the Applicant and the City of Palm Beach Gardens.
(City Forester)
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Oate Prepared: October 19,2005
Resolution 166,2005
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Enaineerinq
19. The build-out date for this project is December 31 , 2005. (City Engineer)
20. Prior to the issuance of the first land alteration permit, the Applicant shall
provide written authorization from all appropriate utility agencies for the
constructionllandscapingllighting within the respective utility easements.
(City Engineer)
21. Prior to the issuance of the first Certificate of Occupancy, reflectors per
FDOT Index 17349 shall be constructed at the temporary dead end of the
north-south roadway within Parcel 5A (if the roadway construction is not
fully completed to the south). (City Engineer)
22. Prior to the issuance of the final Certificate of Occupancy, the Applicant
shall construct littoral zones at the locations shown on the PCD Master
Plans. Fifty percent (50%) of the littoral zones, based on linear feet of lake
bank, shall be a shelf with a slope no steeper than one (1) foot vertical to
ten (10) feet horizontal (1:lO) to a distance no deeper than two (2) feet
below the control elevation. (City Engineer)
23. All trees planted within the littoral zone areas shall be restricted to the 1O:l
littoral shelves and must be approved by the City Forester. Trees shall be
planted in clusters no greater than 30 feet wide: and duster trees cannot be
closer than 40 feet to another cluster; and single or cluster trees shall not be
planted closer than 75 feet to a drainage structure. (City Engineer)
24. By April 17, 2006 (four (4) months from the approval of this Resolution), the
Applicant shall plat the Property. No site plan applications for the individual
parcels within the PCD will be reviewed by the City's Development Review
Committee until such time when the plat for the Property is approved by the
City Council. (City Engineer)
25. Within one hundred twenty (120) days from the issuance of each building
permit for vertical construction for an individual parcel, the parcel shall be
replatted. (City Engineer)
26. The Applicant shall copy to the City all permit and permit applications,
certifications, and approvals. (City Engineer)
27. The Applicant shall provide all necessary construction zone signage and
fencing as required by the City Engineer. (City Engineer)
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Date Prepared: October 19,2005
Resolution 166.2005
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28. The Applicant shall comply with the following:
a. No building permits shall be issued for more than 3,137 daily external
trips until the provision of exclusive northbound dual left-turn lanes and
eastbound right-turn lane has commenced at the intersection of
Alternate A1A and Hood Road. This roadway improvement is not an
assured construction. Any approval above the 3,137 trips limit will be
contingent on the execution of a public facilities agreement for the
funding of this roadway improvement. (PBC Traffic Division)
b. No building permits shall be issued for more than 3,644 daily external
trips until the linkage roadway segment between Military Trail and
Alternate A1A (Kyoto Gardens Drive Extension), and the segment
running underneath the PGA flyover (RCA Center Drive) west of
Alternate AlA connecting Kyoto Gardens Drive to RCA Boulevard has
commenced. (PBC Traffic Division)
c. No building permits shall be issued for more than 4,100 daily external
trips until the addition of an eastbound right-turn lane, westbound right-
turn lane, and northbound right-turn lane has commenced at the
intersection of Alternate A1A and RCA Boulevard. (PBC Traffic
Division)
d. No building permits shall be issued for more than 4,562 daily external
trips until the widening of Alternate A1A to six (6) lanes from PGA
Boulevard to RCA Boulevard has commenced. This roadway
improvement is not an assured construction. Any approval above the
4,562 trips limit will be contingent on the execution of a public facilities
agreement for the funding of this roadway improvement. (PBC Traffic
Division)
e. No building permits shall be issued for more than 4,948 daily external trips until the addition of a southbound through lane has commenced at
the intersection of Alternate A1A and Donald Ross Road. This roadway
improvement is not an assured construction. Any approval above the
4,948 trips limit will be contingent on the execution of a public facilities
agreement for the funding of this roadway improvement. (PBC Traffic
Division)
f. Prior to the issuance of the building permit for vertical construction for
any parcel, the Applicant shall submit a trip generation analysis
identifying the number of trips generated by all existing development
within the PCD and the trips generated by the parcel under development
consideration. (City Engineer)
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Date Prepared: October IS, 2005
Resolulion 166, 2005
29. Prior to construction plan approval or the issuance of the first land alteration
permit, whichever occurs first, the Applicant shall provide surety for public
infrastructure and all landscaping and irrigation costs for the overall project
infrastructure which are not included in the previously-submitted bonds for
the public roads within the Property (Bond No. 964004234). The required
surety shall be based on a cost estimate for the project, including public
infrastructure and all landscaping and irrigation costs, that shall be reviewed
and approved 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 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. This surety is separate from that
which will be required for each individual lot as each is developed. (City
Engineer)
30. Prior to construction plan approval or the issuance of the first land alteration
permit, whichever occurs first, the Applicant shall provide a cost estimate for
the on-site project improvements for the overall project, not including public
infrastructure, landscaping, and irrigation costs, for review and approval by
the City. Said cost estimate is separate from those cost estimates which will
be required for each individual lot as each is developed. The cost estimate
shall be signed and sealed by an engineer and shall be posted with the City
prior to the issuance of the first building permit. (City Engineer)
31. The Applicant shall comply with all Federal EPA and State of Florida
Department of Environmental Protection NPOES permit requirements,
including, but not limited to, preparation of a stormwater pollution prevention
plan and identification of appropriate Best Management Practices, as
generally accepted by the Environmental Planning Agency (EPA) andlor
local regulatory agencies, for construction activities, submission of a Notice
of Intent to EPA or its designee, implementation of the approved plans,
inspection and maintenance of controls during construction, and submission
of a Notice of Termination. (City Engineer)
32. Prior to the issuance of the first land alteration permit, the Applicant shall
provide a construction plan for review and approval. All plans and support
documentation, submitted by the Applicant for review by the City Engineer,
shall be signed and sealed by a professional engineer licensed in the State
of Florida. (City Engineer)
33. Prior to construction plan approval and the issuance of the first land
alteration permit, the Applicant shall provide a paving, grading, and drainage
plan along with surface water management calculations and hydraulic pipe
calculations for City review and approval. The paving, grading, and
drainage plan and calculations shall be signed and sealed by a professional
engineer licensed in the State of Florida. (City Engineer)
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Resolution 166,2005
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34. Prior to construction plan approval and the issuance of the first building
permit, the Applicant shall schedule a pre-permit meeting with City staff.
(City Engineer)
35. Whenever possible, development application submittals made to the Growth
Management Department for the individual parcels within the PCD shall
include both electronic and hard copies of all documents submitted to the
satisfaction of the City Engineer and Growth Management Administrator.
Notwithstanding the foregoing, CAD files of the areas designated on a site
as open space shall be included in all development submittals to the
satisfaction of the City Forester. (City Engineer)
Miscellaneous
36. Required digital files of the approved PCD master plan and plat shall be
submitted to the Planning and Zoning Division prior to the issuance of the
first Certificate of Occupancy, and approved civil design and architectural
drawings for each site shall be submitted prior to the issuance of the
Certificate of Occupancy for each site. (GIs Manager, Development
Compliance Officer)
37. Prior to the issuance of the first Certificate of Occupancy, the master
property owners association documents and restrictions, which shall include
disclosure language regarding the potential widening of the RCA Center
Drive to four (4) lanes, 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)
38. Any office space within an individual parcel that is ancillary to a principal
industrial use on the parcel shall be limited to a maximum of 40% of the
square footage on site in order to be classified as being ancillary to the
industrial use. Any office space beyond said threshold shall be required to
count towards the office use on site. (Planning & Zoning)
SECTION 5. This Planned Community Development shall be constructed in
compliance with the following plans on file with the City's Growth Management
Department:
1. Sheets 2 of 6 through 6 of 6: Site Plans and Details, prepared by Cotleur
Hearing, last sealed on November 18, 2005, and received and stamped by
the City on November 18,2005.
2. Sheets 1 of 4 through 4 of 4: Roadway Landscape Plans and Details,
prepared by Cotleur Hearing, last sealed on November 18, 2005, and
received and stamped by the City on November 18,2005.
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Date Prepared: October 19,2005
Resolution 166, 2005
SECTION 6. This approval shall be consistent with all representations made by
SECTION 7. This Resolution shall become effective immediately upon adoption.
the Applicant or Applicant's agents at any workshop or public hearing.
PASSED AND ADOPTED this /2 day of Dah lpb% ,2005.
ATTEST: Y
BY:
Patricia Snider, CMC, City herk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
VOTE: AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR JABLIN ---
COUNCILMEMBER LEVY ---
COUNCILMEMBER VALECHE ---
COUNCILMEMBER BARNETT ---
\\Pbgs~leVl~orne~llornay_rhareViESOLUTlONS\SA - reso 166 2005-as amended-1 2-1 -05.doc
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,e'\. 322 ACRES
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SMRUBIGROUNDCOVER PUNTING DtTAIL *n
PALM PUNTlNG DETAIL
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As Amended by Council: January 6,2005
Date Prepared: September 17,2004
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RESOLUTION 196,2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE MASTER
DEVELOPMENT PLAN FOR THE PALOMA PLANNED UNIT
DEVELOPMENT (PUD), GENERALLY LOCATED SOUTH OF HOOD
ROAD, WEST OF MILITARY TRAIL, EAST OF CENTRAL
BOULEVARD, PARCEL 31.04 (MXD), AND INTERSTATE HIGHWAY
95, AND NORTH OF THE SABAL RIDGE PLANNED UNIT
DEVELOPMENT (PUD), AS DESCRIBED MORE PARTICULARLY
HEREIN, TO ALLOW FOR 199 SINGLE-FAMILY DWELLING UNITS,
196 MULTI-FAMILY DWELLING UNITS, AND ACCESSORY
STRUCTURES I USES; PROVIDING FOR WAIVERS; PROVIDING
FOR CONDITIONS OF APPROVAL; AND PROVIDING AN
Ef FECTIVE DATE.
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 of Palm Beach Gardens received an application (PUD-04-
05) for a rezoning to Planned Unit Development (PUD) with an underlying zoning district
of Resldentlal Low (RL-3) and approval for a master site plan for 199 single-family units
and 196 multi-family units on an approximately 156.46-acre site, generally located at the
southwest corner of Hood Road and Military Trail, which lies within the municipal
boundaries of the City of Palm Beach Gardens, as more particularly described herein;
and
WHEREAS, the subject site has been zoned to Planned Unit Development
(PUD) Overlay with an underlying zoning of Residential Low (RL-3); and
WHEREAS, the Master Development Plan was reviewed by the Planning,
Zoning, and Appeals Board at a public hearing conducted on July 27, 2004, which
recommended approval of the Master Development Plans to the City Council with a
vote of 5-0; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Petitioner 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: and
Dale Prepared: September 17,2004
Resolution 196.2004
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WHEREAS, the City Council has determined that this Resolution is consistent
with the City's Comprehensive Plan based on the following findings of fact:
1. The applicant has met the intent of the City's Comprehensive Plan, and the
proposed development is consistent with the Comprehensive Plan.
2. The applicant has demonstrated compliance with the City's Land
Development Regulations.
3. The proposed use is not a detriment to the public safety and welfare within
the City of Palm Beach Gardens.
4. The applicant has provided adequate screening and buffering in order to
mitigate the impact of the proposed development.
5. The proposed uses and site plan are in harmony with the general purpose
and intent of the Code.
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 Master Development Plan application for Paloma Planned Unit
Development (a.k.a. Parcel 318) is hereby APPROVED on the following described real
property to permit the development of 199 single-family dwelling units and 196 multi-
family townhomes, with accessory structures, on a 156.46-acre site located at the
southwest comer of Hood Road and Military Trail, subject to the conditions of approval
contained herein, which are in addition to the general requirements othewise provided by
ordlnance:
LEGAL DESCRIPTION:
PARCEL 31.03
A PARCEL OF LAND SITUATE IN SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42
EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS,
PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF
SAID SECTION 1; THENCE SOUTH 88"34'52" EAST, ALONG THE NORTH LINE
LINE OF INTERSTATE 95 AND THE POINT OF BEGINNING OF THE HEREIN
WAY LINE, A DISTANCE OF 484.81 FEET; THENCE SOUTH 31'40'34" EAST,
OF SAID SECTION, A DISTANCE OF 694.49 FEET TO THE EAST RIGHT-OF-WAY
DESCRIBED PARCEL; THENCE SOUTH 30"31'49" EAST, ALONG SAID RIGHT-OF-
CONTINUING ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 1,199.30 FEET
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Oate Prepared: September 17,2004
Resolution 196,2004
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TO A CURVE HAVING A RADIAL BEARING OF NORTH 58'1926" EAST, A RADIUS
OF 3,180.04 FEET, AND A CENTRAL ANGLE OF 1'05'46"; THENCE PROCEED
WAY LINE, A DISTANCE OF 60.84 FEET TO THE END OF SAID CURVE; THENCE
DISTANCE OF 280.19 FEET: THENCE NORTH 01'43'40 I' EAST, A DISTANCE OF
1,466.97 FEET TO THE NORTH LINE OF SAID SECTION; THENCE NORTH
88'34'52" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 1,233.20 FEET TO
THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL.
SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE AND RIGHT-OF-
SOUTH 88'32'18 EAST, DEPARTING FROM SAID RIGHT-OF-WAY LINE, A
TOGETHER WITH A PORTION OF PARCELS 31.04 AND 31.05;
A PARCEL OF LAND SITUATE IN SECTION 36, TOWNSHIP 41 SOUTH, RANGE 42
EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS,
PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER
OF SAID SECTION 36, THENCE NORTH 88'34'52" WEST, ALONG THE SOUTH LINE
OF SAID SECTION 36, A DISTANCE OF 107.00 FEET TO THE POINT OF
BEGINNING. THENCE NORTH 88'34'52 WEST, ALONG SAID SOUTH LINE, A
95 AS DESCRIBED IN OFFICIAL RECORD BOOK 5805, PAGE 181 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 30'31'49"
DISTANCE OF 456.20 FEET; THENCE NORTH 01'25'08 WEST, A DISTANCE OF
341.92 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE WEST
HAVING A RADIUS OF 3,100.00 FEET AND A CENTRAL ANGLE OF 13'25'31'';
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF
726.38 FEET TO A POINT OF A REVERSE CURVE CONCAVE TO THE EAST,
HAVING A RADIUS OF 1,146.00 FEET AND A CENTRAL ANGLE OF 26'21'19'';
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF
567.15 FEET; THENCE NORTH 16'20'57'' EAST, A DISTANCE OF 957.79 FEET TO A
RADIUS OF 1,149.42 FEET, A RADIAL BEARING OF NORTH 15'07'32" EAST AND A
CENTRAL ANGLE OF 09'27'21"; THENCE WESTERLY ALONG THE ARC OF SAID
CURVE, A DISTANCE OF 189.70 FEET; THENCE NORTH 66'38'32" WEST, A
CENTRAL BOULEVARD AS SHOWN ON ROAD PLAT BOOK 6, PAGE 88 AND AS
OESCRIBED IN OFFICIAL RECORD BOOK 5104, PAGE 945 OF SAID PUBLIC
RECORDS, SAID POINT BEING ON A CURVE HAVING A RADIAL BEARING OF
NORTH 62'01'30" WEST, A RADIUS OF 1,969.86 FEET, AND A CENTRAL ANGLE
OF 27'11'16"; THENCE PROCEED ALONG THE ARC OF SAID CURVE AND RIGHT-
OF-WAY LINE, A DISTANCE OF 934.73 FEET TO THE END OF SAID CURVE;
THENCE NORTH 00'47'1 5" EAST, CONTINUING ALONG SAID RIGHT-OF-WAY
LINE, A DISTANCE OF 217.50 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF
DISTANCE OF 1,827.08 FEET TO THE EAST RIGHT-OF-WAY LINE OF INTERSTATE
WEST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 30.29 FEET; THENCE
DEPARTING SAID EAST RIGHT-OF-WAY LINE NORTH 88'34'52" WEST, A
POINT ON A NON-TANGENT CURVE CONCAVE TO THE NORTH, HAVING A
DISTANCE OF 316.95 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF
HOOD ROAD AS DESCRIBED IN DEED BOOK 1083, PAGE 141 OF SAID PUBLIC
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Date Prepared: September 17,2004
Resolution 196,2004
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RECORDS; THENCE SOUTH 88'08'02" EAST, ALONG SAID SOUTH RIGHT-OF-
WAY LINE, A DISTANCE OF 1,476.78 FEET TO A POINT ON THE WEST RIGHT-OF-
WAY LINE OF MILITARY TRAIL AS DESCRIBED IN DEED BOOK 815, PAGE 581,
OFFICIAL RECORD BOOK 2353, PAGE 1542, AND OFFICIAL RECORD BOOK 7483,
PAGE 1746 OF SAID PUBLIC RECORDS; THENCE SOUTH 43'26'57" EAST,
ALONG SAID RIGHT-OF-WAY LINE DESCRIBED IN OFFICIAL RECORD BOOK
7483, PAGE 1746, A DISTANCE OF 56.25 FEET; THENCE CONTINUING ALONG
SAID RIGHT-OF-WAY LINE SOUTH 01'13'53" WEST A DISTANCE OF 261.11
FEET; THENCE SOUTH 00'18'53" WEST A DISTANCE OF 250.03 FEET TO A
POINT ON THE WEST RIGHT-OF-WAY LINE OF MILITARY TRAIL AS DESCRIBED
IN OFFICIAL RECORD BOOK 2353, PAGE 1542; THENCE SOUTH 01'13'53" WEST
ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 1,252.43 FEET TO
THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST, HAVING A
RAOlUS OF 22,858.31 FEET AND A CENTRAL ANGLE OF 02'34'09"; THENCE
DISTANCE OF 1,025.00 FEET TO A POINT OF REVERSE CURVATURE OF A
CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 22,978.31 FEET AND A
WAY LINE AND ARC OF SAID CURVE A DISTANCE OF 832.17 FEET TO THE
POINT OF TANGENCY; THENCE SOUTH Ol"43'37" WEST A DISTANCE OF 200.84
FEET TO THE POINT OF BEGINNING.
SOUTHERLY ALONG SAID RIGHT-OF-WAY LINE AND ARC OF SAID CURVE A
CENTRAL ANGLE OF 02'04'30"; THENCE SOUTHERLY ALONG SAID RIGHT-OF-
CONTAINING 6,815,592.28 SQUARE FEET OR 156.46 ACRES, MORE OR LESS.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following waivers:
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. 3.
4.
Waiver to Section 78441 (c), Plat, to allow issuance of permits for model
homes for the project prior to adoption of the Plat. The City's Land
Development Regulations require adoption of a project plat prior to issuance
of permits for development.
Waiver to Section 78-141, Minimum lot area, to allow a reduction in the
minimum lot area to 3,220 square feet for the townhomes and 6,000 square
feet for the single-family homes. The City's Land Development Regulations
require a minimum lot area of 6,500 square feet.
Waiver to Section 78-141, Minimum lot width, to allow a reduction in the
minimum lot width to 28 feet for the townhomes and 50 feet for the single-
family homes. The City's Land Development Regulations require a
minimum lot width of 65 feet.
Waiver to Section 78-141 , Minimum lot coverage, to allow an increase in the
maximum lot coverage to 50% for the townhomes and 45% for the single-
family homes. The City's Land Development Regulations require minimum
lot coverage of 35%.
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Date Prepared: September 17,2004
Resolution 196,2004
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5. Waiver to Section 78-141 , Minimum side setback, to allow a reduction in the
minimum side setback to 7.510' feet for the townhomes and 5 feet for the
single-family homes. The City's Land Development Regulations require a
minimum side setback of 7.5' or 10% of the lot width, whichever is greater,
6. Waiver to Section 78-141, Minimum rear setback, to allow a reduction in the
minimum rear setback to 5 feet (screensldecks) for the townhomes and 5
feet (screensldecks) I 7 feet (pool) setbacks for the single-family homes.
The City's Land Development Regulations require a minimum rear setback
of 10 feet.
7. Waiver to Section 78-285, Signs for residential development, to allow a
double-faced sign within the entry median to each residential parcel. The
City's Land Development Regulations allow one sign face.
SECTION 4. Said Planned Unit Development is approved subject to the
following conditions, which shall be the responsibility of the applicant, its successors, or
assigns:
Landscaping and Maintenance
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Landscaping and irrigation within medians and adjacent roadway shoulders
for Military Trail, Central Boulevard, and Hood Road shall be installed within
six (6) months of the issuance of the first clearing permit. A one-time six (6)
month extension to complete buffer and improvements may be granted by
the Growth Management Director upon review of sufficient justification. The
Growth Management Department shall inspect the supplemental planting for
the preserve areas and buffers where voids in groundcover and shrubs
occur in order to screen the project. The City Forester and Landscape
Architect of Record shall work together on a plan, if necessary, to fill any
voids with additional landscaping, as required , achieving said screening for
the preserve area. (City Forester)
Landscaping and irrigation within medians and adjacent roadway shoulders
for the East-West Roadway and the North-South Roadway shall be installed
prior to the issuance of the first Certificate of Occupancy. A one-time six (6)
month extension to complete buffer improvements may be granted by the
Growth Management Director upon review of sufficient justification. (City
Forester)
The applicant, successors, or assigns shall be responsible for the landscape maintenance of the medians (including irrigation) and road shoulders, 8s
well as maintenance of lighting and hardscape within those sections of
public rights-of-way adjacent and/or contiguous to the Paloma Planned Unit
Development (PUD), Including:
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Dale Prepared: September 17,2004
Resolution 196,2004
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(a) Military Trail from the southern terminus of the site to Hood Road. The
applicant shall pay the City its pro-rata share of the total cost of
maintenance of the median.
(b) Hood Road from Military Trail to Central Boulevard. The applicant shall
pay the City its pro-rata share of the total cost of maintenance of the
median.
(c) The internal East-West Roadway and North-South Roadway within the
internal limits of the Planned Unit Development.
(d)Central Boulevard from Hood Road to the southern terminus of the site.
(City Forester)
The applicant shall be required to provide pedestrian scale (maximum
fourteen foot (14') height) lighting along the pedestrian pathways along
Military Trail, Hood Road, and Central Boulevard. The lighting plan for the
meandering pedestrian sidewalk within the parkway/preserve area shall be
submitted within thirty (30) days of approval. (Planning & Zoning)
The applicant shall place all utility lines underground along Military Trail and
any utility lines along Central Boulevard that cross City roadways. (City
Forester, Planning 81 Zoning)
Development Order Condition No. 3 may be amended by separate
agreement with the City. (City Forester)
Within six (6) months of issuance of the clearing permit, the applicant shall
replace all existing Ribbon Palms with Sabal Palms within the adjacent
Military Trail medians. (Planning & Zoning)
The recreation area in Parcel B (including, but not limited to, building facilities, pool, landscaping, hardscape, and accessory structures) and the
entry road landscaping for Parcels A and B (pod of development) shall be
completed and Certified for Occupancy prior to issuance of the Certificate of
Occupancy for the ninety-eighth (98m) residential unit within Parcels A and 6
comblned. The recreation area and entryway improvements in Parcel C
shall be completed prior to the issuance of the Certificate of Occupancy for
the one hundredth (looh) resldentlal unit In Parcel C. (City Forester)
Prior to the issuance of the final Certificate of Occupancy, the applicant shall
remove all exotic vegetation from the preserve areas. No non-native plant
may be established in a preserve area. (City Forester)
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Date Prepared: September 17,2004
Resolutlon 196,2004
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Transportath I Traffic Concurrency
10. The project build-out date is December 31 , 2007. (City Engineer)
11. Applicant shall comply with any and all Palm Beach County Traffic
Division Concurrency conditions as outlined in the PBC Traffic Concurrency
approval. (Cky Engineer)
A2. No more than 3,260 net new external daily trips shall be permitted until the
contract has been let for the construction of Kyoto Gardens Drive from
Military Trail to Alternate A1 A. (City Engineer)
13. The applicant, successors, or assigns shall monitor traffic operations studies
(supplemental operations analysis) of the East-West Roadway and Military
Trail intersection beginning during peak season after the issuance of the
first certificate of occupancy and every six (6) months thereafter until the
build-out date. Should the study indicate a need for any
roadway/intersection improvements as determined by the City Engineer, the
applicant, successors, or assigns shall be responsible. The City shall
reimburse the applicant for the cost of any roadway improvements to the
extent that the City collects pro-rata funds from other developments having
an impact on the intersections as determined in their development orders.
(City Engineer)
14. For all improvements that are not assured construction, the developer shall
enter into a Public Facility Agreement (PFA) with Palm Beach County for
funding of the roadway improvements in a form acceptable to the County
Engineer, within six (6) months of the issuance of the development order
and before the first permit is issued. (Palm Beach County)
15. 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 prior to the anniversary of the Development
Order approval of each year. (City Engineer)
16. Upon receipt of this development order and continuing through substantial
completion of construction, the petitioner shall bi-annually provide the City
with a status report on all the approved elements of the PUD, including, but
not limited to, the compliance or status of any conditions of approval placed
on the project by this approval and any future approval until the project is
completed, as well as a summary of completed construction and schedule
of proposed constmction over the remaining life of the development order.
(Planning & Zoning, City Engineer)
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Date Prepared: September 17,2004
Resolulion 196,2004
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17. Commencing after the issuance of certificates of occupancy for fifty percent
(50%) (197 dwelling units) of the residential units, the applicant shall
perform and submit an annual Signal Warrant Study for the intersection of
the East-West Roadway and Military Trail. The methodology of the traffic
analysis shall be determined by the City Engineer. The annual traffic
analysis shall be conducted until such time as signals are warranted at the
above-described intersections or until two (2) years after issuance of
certificates of occupancy for ninety percent (goo/,) or 355 dwelling units of
the project. Should the warrant indicate a need for a signal at the East-
West Roadway and Military Trail, the applicant, successors, or assigns shall
be required to install the signal. The signal shall be installed to be fully
operational, including all appropriate lane geometry (as determined by Palm
Beach County and the Florida Department of Transportation), pavement
markings, signage, and lighting. The City shall reimburse the applicant for
the cost of the signal and installation to the extent that the City collects pro-
rata funds, as determined by the City Engineer, from other developments
having an impact on the intersections as determined in their development
orders. (City Engineer)
18. The plats for Paloma, the North-South thoroughfare, and the East-West
thoroughfare, including the dedications for the drainage easements and
roadway easements, shall be submitted to and approved by the City and
placed in the official record books of Palm Beach County prior to the
issuance of the first building permit, excluding clearing permits and model
homes. (City Engineer)
19. The applicant, successors, or assigns shall pay their fair share (pro-rata
share) for a traffic light as determined by the City Engineer when one is
warranted and approved by Palm Beach County for the intersection of the
East-West roadway and Central Boulevard. (Planning & Zoning)
20. Prior to the issuance of the first Certificate of Occupancy, the East-West
thoroughfare (from Military Trail to Central Boulevard) and the North-South
thoroughfare (from Hood Road south to the southern terminus of the
western entrance of Parcel C) must be completed (including irrigation,
hardscape, and landscaping) and accepted by the City. (City Engineer, City
Forester)
Crime Prevention Throuqh Environmental Deslan (CPTED)
21. The applicant shall provide metal halide lighting within the entire amenity
(recreation) area and along the entryway leading into the recreation area.
The applicant may provide high-pressure sodium lighting within the
remainder of the residential community. (Police)
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Oate Prepared: Seplember 17,2004
Resolution 196,2004
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22. The applicant shall construct the development in accordance with Crime
Prevention Through Environmental Design (CPTED) principles, which
consist of the following:
(a) Landscaping shall not conflict with lighting, including long-term tree
growth.
(b) A timer clock or photocell sensor engaged lighting shall be installed
above or near entryways to residences and all sidewalks.
(c) Pedestrian walkways shall use lighting that is no greater than fourteen
(14) feet in height.
(d) Numerical addresses shall be illuminated for nighttime visibility, shall
have bi-directional visibility from the roadway, and shall be a minimum of
six (6) inches in height. (Police)
Miscellaneous
23. Prior to the issuance of any building permit, the applicant shall:
(a) Provide a street address system depicting street names and residential
nurnericals for emergency response purposes. Address system
depiction shall be in 8.V X 11" map format. (Police)
(b) Install and have operational temporary roadways and fire hydrants
approved by the City Engineer and Fire Department for all of the dry
models. (Engineering, Fire).
24. 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 civB design and architectural drawings shall be submitted prior to
the issuance of the first Certificate of Occupancy. (GIs Manager,
Development Compllance Officer)
25. Prlor to the issuance of the first Certificate of Occupancy of a residential
unit, the applicant shall submit the Master Property Owners Association and
Homeowners Association documents to the City Attorney for review and
approval prior to such documents being recorded in the Public Records of
Palm Beach County. (City Attorney)
26. Prior to issuance of the first building permit, the petitioner shall submit to the
City Attorney and the Planning and Zoning Division documents
demonstrating unity of control by the petitioner or the property owners
association over the entire PUD. (City Attorney)
Dale Prepared: September 17,2004
Resolution 196.2004
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27. Prior to issuance of the first Certificate of Occupancy, the applicant,
successors, or assigns shall install an aeration system within all lakes
located within the subject project and shall bear the perpetual responsibility
of maintenance of such system. (Planning & Zoning)
E ndnee ri nq
28. Six (6) months after 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.
(City Engineer)
29. The applicant shall provide all necessary construction zone signage and
fencing as required by the City Engineer. (City Engineer)
30. The applicant shall submit construction plans for City review and approval
and surety for demolition and lien protection prior to the issuance of the
building permit for any dry models. Prior to occupancy, the plat shall be
approved and construction of a stabilized emergency access drive shall be
completed and accepted by the City Engineer and City's Fire Department.
The following standard dry model conditions of approval apply:
(a) Prior to the issuance of the first building permit, the applicant shall post
a letter of credit for the model units in the amount of one-third (1/3) the
construction cost per model for the purposes of demolition and lien
protection, to be determined by the City Engineer, to remain in effect
until the plat Is recorded. (City Engineer)
(b) No access by the general public shall be allowed to a model home until
the Certificate of Completion is issued. (Code Enforcement)
(c) No individual lots shall be allowed to transfer title until the plat has been
recorded. (City Engineer)
(d) The applicant acknowledges that the waiver granted from the
platting requirement is at the applicant's risk and that any potential
construction changes to the model homes due to the eventual plat
recordation is the sole responsibility of the applicant. (City Engineer)
(e) Prior to the issuance of the first Certificate of Occupancy for the model
units, the applicant shall construct accessible and operational fire
hydrants and a stabilized road base, subject to City standards, for
firdemergency access, both of which shall be approved by the City
Engineer and Fire Department. (City Engineer, Fire Rescue)
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Date Prepared: September 17,2004
Resolution 196,2004
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31. Prior to the issuance of the first building permit, the applicant shall provide
construction plans of the Temporary Sales Center and Temporary
Construction Center for review, and shall provide a cost estimate for City
review and approval for demolition and lien protection. (City Engineer)
32. Prior to the issuance of the first building permit, the applicant shall provide a
pavement marking and signage plan for review and approval. (City
Engineer)
33. Prior to issuance of the first building permit, including the building permit for
clearing and grubbing, the applicant shall provide drainage calculations and
design data, to the satisfaction of the City Engineer, for the suitability of the
20-foot and %-foot pass-through drainage easements from lands lying
south of Sable Ridge subdivision to the canal right-of-way. (City Engineer)
34. Prior to Construction Plan review, the applicant shall provide a Paver Block I
Concrete Ribbon detail for review meeting the City's structural number
requirements in accordance with LOR Section 78-499. (City Engineer)
SECTION 5. Said Planned Unit Development shall be constructed in compliance
with the following plans on file with the City's Growth Management Department:
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9.
Paloma Overall Site Plan, Site Data & Details, 08.02.2004, UDS, Sheets 1
through 7.
Paloma Gateway & Entrance Details, 08.02.2004, UDS, Sheets SD-1
through SD-IO.
Palorna Parcel A, B & C Entrance Planting Plan, Common Area, &
Prototype LandscapinglPlanting Plans, 08.02.2004, Sheets Li through L21,
Buffer Plans, 06.1 1.2004, UDS, Sheets L-01 through L-14.
Single-Family Product Design 2142,11.10.04, Harrington, 4 sheets.
Single-Family Product Design 2790, 11.10.04, Harrington, 4 sheets.
Single-Family Product Design 2641, 11.10.04, Harrington, 4 sheets.
Single-Family Product Design 301 7, 11.10.04, Harrington, 4 sheets.
Single-Family Product Design 3325, 1 1.10.04, Harrington, 4 sheets.
10. Single-Family Product Design 3521, 11.10.04, Harrington, 4 sheets.
11. Townhome Product Design 'A", 11.01.04, Harrington, 8 sheets.
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Date Prepared: September 17,2004
Resolution 196,2004
12. Townhome Product Design 'B", 1 1.01.04, Harrington, 8 sheets.
13. Townhome Product Design "C".
14. Design Guidelines for Paloma Single-Family Homes, 2 pages.
15. Design Guidelines for Paloma Townhomes, 1 page.
SECTlON 6. Said approval sha\l be consistent with all representations made by
SECTION 7. This Resolution shall become effective immediately upon adoption.
the applicant or applicant's agents at any workshop or public hearing.
(The remainder of this page left intentionally blank)
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Date Prepared: September 17,2004
Resolution 196,2004
PASSED AND ADOPTED this 6.” day of Zi~w ,2005.
ATTEST:
GARDENS, FLORIDA
BY: - Patricia Snider, City‘Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
VOTE: AYE NAY ABSENT
MAYOR JABLIN
VICE MAYOR RUSSO
J ---
/ ---
/ COUNCILMEMBER DELGADO ---
COUNCILMEMBER VALECHE ---
/ --- COUNCILMEMBER LEVY
J
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Date Prepared: November 9,2004
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RESOLUTION 21 6,2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE MASTER
PROPERTY, KNOWN AS THE “RCA CENTER PUO” (A.K.A.
“PARCEL 5B9, LOCATED AT THE SOUTHWEST CORNER OF
ALTERNATE AIA AND PGA BOULEVARD, AS MORE
PARTICULARLY DESCRIBED HEREIN, TO ALLOW THE
DEVELOPMENT OF 150,000 SQUARE FEET OF RETAIL USE,
100,000 SQUARE FEET OF OFFICE USE, AND 50,000 SQUARE
FEET OF INDUSTRIAL USE; PROVIDING FOR WAIVERS;
PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING
AN EFFECTIVE DATE.
DEVELOPMENT PLAN FOR THE APPROXIMATELY 30-ACRE
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 an application (PUD-04-04) from Mr. William
D. Waters of REG Architects, Inc., on behalf of RCA Center II, LLC, for master
development approval to allow the development of 150,000 square feet of retail use,
100,000 square feet of office use, and 50,000 square feet of industrial use on an
approximately 30-acre parcel of land, known as the “RCA Center PUD” (a.k.a. “Parcel
5Bn), generally located on the southwest corner of Alternate A1A and PGA Boulevard,
as more particularly described herein; and
WHEREAS, the subject site has been rezoned to a Mixed Use Planned Unit
Development (MXD PUD) with an underlying zoning of Mixed Use (MXD); and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that It Is sufficient and is consistent with the City’s Comprehensive Plan
and Land Development Regulations, and has recommended its approval; and
WHEREAS, the Planning, Zoning and Appeals Board reviewed said petition at its
November 23,2004, meeting and recommended its approval; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Petitioner and other interested parties and the recommendations of
the various City of Palm Beach Gardens review agencies and staff; and
Date Prepared: November 9,2004
Resolution 216,2004
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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 COUNCJL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby afirmed and ratified.
SECTION 2. The Master Development Plan application of Mr. William D. Waters
of REG Architects, Inc., on behalf of RCA Center II, LLC, is hereby APPROVED on the
following real described property, to permit the development of 150,000 square feet of
retail use, 100,000 square feet of office use, and 50,000 square feet of industrial use on
an approximately 30-acre parcel of land, known as “Parcel 5B,” generally located on the
southwest corner of Alternate A1A and PGA Boulevard, subject to the conditions of
approval contained herein, which are in addition to the general requirements otherwise
provided by ordinance:
LEGAL DESCRIPTION:
ALL OF THE PLAT OF THE MACARTHUR PARCEL 5B, RECORDED IN PLAT BOOK
96, PAGE 79, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
CONTAINING IN ALL 1,308,146 SQUARE FEET OR 30.03 ACRES, MORE OR LESS.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following eight (8) waivers:
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4.
Section 78-563, Lake maintenance tracts, to allow encumbrances with
certain Lake Maintenance Easements (LME) in .specific areas identified on
the approved development plan.
Section 78-285, Permitted signs, to allow for certain retail tenants in
buildings containing multiple street frontages to have two (2) signs per
tenant, and buildings containing multiple street frontages to have two (2)
principal tenanvbuilding ID signs, subject to the conditions relating to the
same contained herein.
Section 78-285, Permitted signs, to allow for principal tenantlbuilding ID
signs to be located above the first story.
Section 78-508, Intersections, to allow for street intersections with a
centerline separation of less than 150 feet.
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Dab Prepared: November 9,2004
Resolution 216.2004
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5. Section 78-306(d), Easement encroachment, to allow for 12 feet of a
required 20-foot landscape buffer along the easternmost property line to be
encumbered by a utility easement.
6. Section 78-374(h), Location, to allow for 13 covered parking spaces to be
located within 100 feet of PGA Boulevard.
7. Section 78-287(6), General standards, to allow for tenants having federally
registered trademark signs to use their registered color scheme on signs
facing the parking areas.
8. Section 78-344(l)( I ), Minimum dimensions, to allow 9.5-foot-wide parking
spaces at certain locations at reflected on the approved site plan.
SECTION 4. Said approval is subject to the following conditions, which shall be
the responsibility of the applicant, its successors, or assigns:
Enaineerinq
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Prior to construction plan approval and the issuance of the first land
alteration permit, the applicant shall provide written authorization from utility
owners allowing landscaping within their existing and/or proposed utility
easements. (City Engineer)
Prior to the issuance of the first land alteration permit, the applicant shall
provide a Roadway Signage and Marking Pian for review and approval.
(City Engineer)
Prior to the issuance of the first land alteration permit, the applicant shall
provide a Photometric Plan, signed, and sealed by a professional engineer
licensed In the State of Florida, meeting the requirements of LDR Section
78-182. Said plan shall provide pedestrian scale lightlng along all walkways
and thoroughfares, including PGA Boulevard. (City Engineer)
Prior to the issuance of the first land alteration permit, the applicant shall
provide a construction plan for review and approval. All plans and support
documentation, submitted by the applicant for review by the City Engineer,
shall be signed and sealed by a professional engineer licensed in the State
of Florida In accordance with Section 78448 of the LDR. (City Engineer)
Prior to construction plan approval and the issuance of the first land
alteration permit, the applicant shall provide a paving, grading, and drainage
plan along with surface water management calculations and hydraulic pipe
calculations for City review and approval. The paving, grading, and
drainage plan and calculations shall be signed and sealed by a professional
engineer licensed in the State of Florida. (City Engineer)
Oate Prepared: November 9,2004
Resolution 216,2004
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6. 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 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 land alteration permit. (City Engineer)
7. The applicant shall provide all necessary construction zone signage and
fencing as required by the City Engineer. (City Engineer)
8. The applicant shall provide the City copies of all permit applications and
approvals, (City Engineer)
9. The applicant shall comply with all Federal Environmental Protection
Agency (EPA) and State of Florida Department of Environmental Protection
NPDES permit requirements, including, but not limited to, preparation of a
stormwater pollution prevention plan and identification of appropriate Best
Management Practices (BMP) for construction activities, submission of a
Notice of Intent to EPA or their designee, implementation of the approved
plan, inspection and maintenance of controls during construction, and
submission of a stormwater Notice of Termination. (City Engineer)
10. The construction, operation, and/or maintenance of any elements of the
subject project shall have no negative impacts on the existing drainage of
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)
11. The applicant shall comply with any and all Palm Beach County Traffic
Division conditions as outlined in the PBC Traffic Division concurrency
approval letter issued for this property. (City Engineer)
12. Prior to the issuance of the first land alteration permit, the applicant shall
schedule a pre-permit meeting with City staff. (City Engineer)
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Date Prepared: November 9,2004
Resolution 216.2004
13. Kyoto Gardens Drive
a. The applicant shall deliver to the City surety in a form acceptable to the
City Attorney, which surety shall ensure the construction of the Kyoto
Gardens Drive Extension. The Kyoto Gardens Drive Extension shall
consist of a four (4) lane divided roadway with landscaped medians,
approximately 2,300 feet in length, connecting Military Trail to Alternate
AlA, including an at-grade crossing of the FEC trackbed. The applicant
shall be responsible for the costs of design and construction of this
roadway as a two (2) lane roadway, and the City shall be responsible for
reimbursing the applicant for the costs of design and construction of the
additional two (2) lanes, as set forth in the engineering estimate attached
as Exhibit to the Memorandum of Agreement. Said construction shall
commence no later than March 31, 2005, and completion of said
improvements as set forth in the Memorandum of Agreement. As
additional assurance, the applicant shall submit, no later than December
30, 2004, a Memorandum of Agreement in a format acceptable to the
City Attorney on behalf of the City, and the following entities: RCA
Center II of Florida LLC, PGA Gateway LTD., and Mall Properties, LTD
to further define the obligations relating to the roadway design and
construction.
b. The applicant shall continuously and diligently work with the City and the
required outside agencies in order to obtain the issuance of all
necessary permits in order to begin construction of Kyoto Gardens Drive
on or before March 31 , 2005.
c. The applicant shall, upon the request of the City, deliver assurances, in a
form acceptable to the City Attorney, from the owners of Parcel 5A that
the City will be permitted to expand the existing lake north of the Kyoto
Gardens Drive right-of-way for the purposes of providing drainage for the
Kyoto Gardens Drive roadway and to provide the fill for construction of
the roadway at no cost and without restriction.
d. The applicant shall, upon the request of the City, deliver assurances, in a
form acceptable to the City Attorney, from the owners of Parcel 5A that
they will sign and support all permit applications as required to design
and build Kyoto Gardens Drive. .
e. All contracts for design and construction of the Kyoto Gardens Drive
extension shall be submitted to the City for review and approval by the
City Engineer and City Attorney. Said construction contracts shall
contain a provision that makes such contracts fully assignable to the
City.
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Oate Prepared: November 9,2004
Resolution 216.2004
14. 55 Road
a. The applicant shall, prior to December 30, 2004, deliver a deed in a
format acceptable to the City Attorney conveying an 80-foot right-of-way
for that portion of RCA Center Drive that is shown on the Linkage Plan
between the present northern terminus of said road and the north
boundary of Parcel 58. This parcel and all other portions of the
NorthlSouth Road owned by FDOT and NPBCID are hereinafter referred
to as the "55 Road."
b. The applicant shall, prior to the issuance of the first Certificate of
Occupancy for Parcel 5B, design, build, and construct the "5B Road" as
a two (2) lane divided roadway with landscaped median within a fifty (50)
foot right-of-way. The east 15 feet and the west 15 feet of the 80-foot
right-of-way may be utilized for landscape buffer calculations and
setback requirements.
15. 5A Road
a. The applicant shall, prior to December 30, 2004, deliver a deed in a
format acceptable to the City Attorney conveying an 80-foOt right-of-way
for that portion of RCA Center Drive that is shown on the Linkage Plan
connecting the 55 Road to Kyoto Gardens Drive, hereinafter referred to
the '5A Road."
b. The applicant shall, prior to the issuance of the first Certificate of
Occupancy for Parcel 5B, design, build, and construct the "5A Road" as
a two (2) lane divided roadway with landscaped median within a 50-fOOt
right-of-way. The east 15 feet and the west 15 feet of the 80-foot right of
way may be utilized for landscape buffer calculations and setback
requirements.
c. The applicant shall deliver to the City surety, in a form acceptable to the
City Attorney, to ensure the construction of the 5A Road at the time the
surety described in Condition 6 is submitted to the City.
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Oate Prepared: November 9,2004
Resolution 216. 2004
Landscapinq
16. Within six (6) months of the issuance of the first clearing permit, the
landscaping shall be installed within: (1) the medians and adjacent road
shoulders within the portions of PGA Boulevard and RCA Boulevard
adjacent to the property, unless landscaping is installed in said areas by the
FOOT as part of the PGA Flyover project; and (2) the landscape buffers
along PGA Boulevard, RCA Boulevard, and Alternate AIA. The Growth
Management Administrator shall be authorized to grant up to two (2), three
(3) month extensions to this requirement upon demonstration by the
applicant of a good-faith effort to satisfy the same in a timely manner. (City
Forester)
17. Prior to the issuance of the first Certificate of Occupancy, the landscaping
shall be installed within the medians and road shoulders within both the
north/south and the east/west thoroughfares within the property. (City
Forest e r)
18. The applicant, its successors, or assigns shall be responsible for the
maintenance of the landscaping within: (1) the medians and adjacent road
shoulders within the portions of PGA Boulevard and RCA Boulevard
adjacent to the property; and (2) the medians and road shoulders within
both the northhouth and the eastlwest thoroughfares within the property.
(City Forester)
19. 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 RCA Center Property Owners Association, its
successors, or assigns shall automatically become a member of such
special district. This condition may be amended at any time by separate
agreement between the applicant and the City of Palm Beach Gardens.
(City Forester)
20. The installation of the covered parking structures, if approved by the City
Council, shall not conflict with landscaping, including long-term tree growth.
(City Forester)
Police
21. Lighting shall not conflict with landscaping, including long-term tree growth.
(Police)
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Date Prepared: November Q, 2004
Resolution 216. 2004
22. All lighting for streets, parking lots, parking. garages, and pedestrian
walkways shall be metal halide. Metal halide lighting shall be used for the
multi-use pathways and sidewalks within the site and shall be lit at a
minimum of 0.6-foot candles. (Police) ’
23. Non-glare building lighting shall be installed around the entire building
perimeter and on pedestrian walkways. (Police)
24. Entry signage shall be lighted. (Police)
25. Timer clock or photocell lighting shall be provided for nighttime use above or
near entryways and all exits, including emergency exits, (Police)
26. Numerical addresses shall: (I) be illuminated for nighttime visibility and be
unobstructed; (2) have bidirectional visibility from the roadway; and (3) be
placed at the front and rear of each business. (Police)
27. All structures shall use the following target hardening techniques:
a. Buildings shall be pre-wired for an alarm system.
b. Doors shall be equipped with metal plates over the threshold of the
locking mechanism.
c. Glass perimeter doors shall be equipped with case hardened guard
rings to protect the mortise lock cylinder.
d. Rear doors shall have 180degree peephole viewers.
e. All perimeter doors shall be equipped with hinges that utilize non-
removable hinge pins. (Police)
28. Prior to the issuance of the first building permit for vertical construction, the
applicant shall work with the Police Department to develop a high-resolution
color digital closed-circuit security surveillance system with monitoring and
photo printout capabilities. The Police Chief shall have final approval on the
required number of cameras and locations thereof within the site. (Police)
Plannina and Zoning
20. Within 90 days of (the effective date of this Resolution), the applicant
shall submit revised development plans to include the items listed below.
Said development plans shall be approved administratively by staff as long
as: (1) all items listed below are included on the development plans to the
satisfaction of the Growth Management Administrator; and (2) any exterior
building rnodification(s) is architecturally consistent with the approved
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Date Prepared: November 9,2004
Resolution 216, 2004
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buildings. Should any of the aforesaid not be adequately satisfied, the
revised development plans shall be reviewed and approved by the City
Council by way of an amendment to the PUD's master plan of development.
No building or land clearing permits shall be issued until revised plans have
been approved.
a. The applicant shall revise the building elevations to include three (3)
color palette combinations for the buildings on site.
b. The applicant shall revise the easternmost landscape buffer adjacent to
the parking area so that a maximum of 12 feet of the buffer is
encumbered by utility easements.
c. The applicant shall revise the building e\evations to clearly reflect all
exterior building colors and materials.
d. The applicant shall submit an amenities package that includes
illustrations and details of project-wide shared elements, including
common hardscape themes, street furniture, lighting fixtures, special
intersections, plazas, fountains, decorative trellises, and thoroughfare
enhancements. A "Key Plan" depicting the location of the amenities on
site shall also be included.
e. The applicant shall submit a lighting plan, signed and sealed by a
professional engineer registered in the State of Florida, that includes
pedestrian scale lighting along all pedestrian walkways and
thoroughfares, Including PGA Boulevard.
f. The applicant shall provide additional landscaping within the vacant area
north of Building #2 to the satisfaction of the City Forester.
g. The applicant shall provide additional pedestrian linkages between the buildings along RCA Boulevard and the sidewalk along said roadway.
At a minimum, sidewalks shall be Included at every building entrance
along RCA Boulevard, as reflected on the building elevations.
h. The applicant shall provide at least 20 additional pedestrian benches
throughout the site and label them on the plan accordingly.
i. The applicant shall include a bus shelter easement on the site plan in a
location consistent with the Palm Tran letter dated May 18, 2004,
relating to the same, which is on file with the Growth Management
Department.
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Date Prepared: November 9,2004
Resolution 216.2004
j. The applicant shall submit a revised signage program that adequately
reflects the signage requirements approved by the City Council for the
subject property through the adoption of this Resolution.
30. All rooftop mechanical equipment shall be screened from view. (Planning &
Zoning)
31. Within sixty (60) days of a written determination from Palm Tran that a bus
shelter will be utilized on the subject site, the applicant, its successors, or
assigns shall submit an application for an administrative approval to allow
for review and approval of the site plan, landscape plan, and building
elevations for the bus shelter. The bus shelter design shall be consistent
with the City Council's previous approval of such shelters. The applicant, its
successors, or assigns shall be responsible for the construction of a bus
shelter in a timely manner to accommodate Palm Tran's needs for the
same, (Planning & Zoning)
32. Each building shall be allowed two (2) building identification or principal
tenant signs, so long as (1) said signs are not located on the same building
elevation; and (2) the second of the two signs has a copy area of no more
than 75% of the first sign. (Planning & Zoning)
33. Retail ground floor users shall be allowed a maximum of two (2) signs per
tenant, only if (1) any two signs for the same tenant are not located on the
same building elevation; and (2) said signage is affixed directly to the
elevation of the tenant bay it identifies. (Planning & Zoning)
34. Tenants having federally registered trademark signs and logos shall be
allowed to use their registered color scheme on signs facing the parking
areas. Signs and logos facing the adjacent and internal rights-of-way shall
be consistent with the color approved in the master sign program.
(Planning 8t Zoning)
35. Ptior to the issuance of the first certificate of occupancy, the property shall
be replatted, Said replat shall dedicate the thoroughfares within the
property to the City. (Planning & Zoning)
36. Wall signs shall not exceed 70% of the immediate vertical and horizontal
surface area to which they are attached. (Planning & Zoning)
37. Medical or Dental Office use is not allowed unless the applicant submits a
traffic equivalency analysis for review and approval by the City Engineer.
The applicant shall also be required to demonstrate compliance with parking
requirements of the City Code. (Planning & Zoning)
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Date Prepared: November 9,2004
Resolution 216,2004
38. 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 breakdown by use (retail, office, and industrial) of the gross square
footage for lease for approval by the Planning and Zoning Division to ensure
compliance with the City’s Nonresidential Mixed Use Planned Unit
Development intensity measures. (Planning 8, Zoning)
39. Outdoor storage within the site is prohibited. (Planning & Zoning)
40. Uses on site shall be limited to those uses allowed within the PGA
Boulevard Corridor Overlay, as may be amended from time to time.
(Planning & Zoning)
41. No striped awnings shall be permitted on site. (Planning & Zoning)
42. Prior to issuance of the first building permit, the applicant shall comply with
Section 78-262 of the City Code relative to Art in Public Places. The
applicant shall provide art on site or make a payment in lieu thereof. The
Art in Public Places Advisory Board shall review and make a
recommendation to the City Council on any proposed art on site. If the
applicant is providing public art on site, the art shall be installed prior to the
issuance of the first Certificate of Occupancy, with the exception of the art
located east of the NorthlSouth Road, which shall be installed prior to the
issuance of the first Certificate of Occupancy for any buildings located east
of the North/South Road. (Planning & Zoning)
43 Within 90 days of the effective date of this Resolution, the applicant shall
work in conjunction with the Treasure Coast Regional Planning Council
(TCRPC), the South Florida Regional Transportation Authority (SFRTA),
and the City to make any and all necessary modifications to the
development plans for the portion of land lying east of the NorthISouth Road
to accommodate the potential of a Tri-Rail transit station. Said modifications
shall be approved administratively by staff so long as any exterior elevation
changes are architecturally consistent with the approved buildings. Should
the final results of the Jupiter Corridor Alternatives Analysis determine that a
Tri-Rail station will be constructed on the subject property, the applicant, Its
successors, or assigns shall work cooperatively with the SFTRA and the
City to facilitate the construction of said station and all ancillary
uses/structures in a timely manner. Said modifications shall be approved by
the City prior to the issuance of the first Certificate of Occupancy. (Planning
81 Zoning)
44. The applicant shall, within 30 days of the effective date of this Resolution,
submit an easement, in a form acceptable to the City Attorney, with the
property owner for the Gardens Station property to the south. The
easement agreement shall provide for the right of use, construction, and
11
Date Prepared: November 9,2004
Resolulion 216. 2004
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maintenance of the shared vehicular access from RCA Boulevard, as well
as of the vehicular connections between the two (2) parcels, and shall
include provisions for cost recovery. The costs for constructing and
maintaining the access from RCA shall be equally shared by Gardens
Station and the subject property. Said easement shall be recorded in the
Public Records of Palm Beach County within 90 days of the effective date of
this Resolution. (Planning & Zoning, City Attorney)
Miscellaneous
45. Required digital files of the approved replat shall be submitted to the
Planning and Zoning Division prior to the issuance of the first certificate of
occupancy, 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)
46. Prior to the issuance of the first Certificate of Occupancy, the master
property owners association documents and restrictions, which shall include
disclosure language regarding the potential transit station and the widening
of the RCA Center Drive to four (4) lanes, 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)
SECTION 5. Said Planned Unit Development shall be constructed in compliance
with the following plans on file with the City's Growth Management Department:
1. Sheets 1 through 12 of 12: Site Plan and Landscape Plan, prepared by
Cotleur Hearing, last revised on December 9, 2004, and received and
stamped by the City on December 10,2004.
2. RCA Center Architectural Package, prepared by REG Architects, Inc., last
revised on July 1, 2004, and received and stamped by the City on
November 9,2004.
3. RCA Center Signage Package, prepared by REG Architects, Inc., last
revised on November 9, 2004, and received and stamped by the City on
November 10,2004.
SECTION 6. Said 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 receipt by
the City of all of the following Items: the surety described in Condition 13(a) and the
deeds described in Conditions 14(a) and 15(a).
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Date Prepared: November 9,2004
Resolullon 216,2004
PASSED AND ADOPTED this Idw day of u 6yt ,2004. 1
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10 ATTEST:
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
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14 Ritricia Sr@lb~, City erk
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18 LEGAL SUFFICIENCY
APPROVED AS TO FORM AND
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BY: 1
Christine P. Tatum, City Attorney
VOTE: -- AYE NAY ABSENT
MAYOR JABLIN ---
VICE MAYOR RUSSO ---
COUNCILMEMBER DELGADO ---
COUNCILMEMBER LEVY ---
COUNCILMEMBER VALECHE ---
J
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\\P~slCle\A~r~~ey-share\RESOLUTS\Reso 21 6 2004 final dean.doc
."
MEMORANDUM OF UNOERSTANDING
THIS MEMORANDUM is executed this 32 day of December, 2004 by and
between PGA NORTH II OF FLORIDA LLC, a Florida limited liability company, RCA
CENTER II OF FLORIDA LLC, a Florida limited liability company, PGA GATEWAY,
LTD., a Florida limited partnership, and MALL PROPERTIES, LTD. a Florida limited
partnership (sometimes collectively referred to herein as "Catalfumo Entities") and the
CITY OF PALM BEACH GARDENS, a political subdivision of the State of Florida
("City").
Backaround
1. The Catalfumo Entities and the City entered into a certain Agreement for Assured
Construction of Linkage Roads dated October 3, 2002 (the "Assured
Construction Agreement"). The City previously sued the Catalfumo Entities for
specific performance of the Assured Construction Agreement, which lawsuit will
be stayed pending completion of the Kyoto Drive Improvements described below.
2. RCA Center I1 of Florida LLC has obtained from the City, Site Plan Approval
pursuant to Resolution 216, 2004 (the 'PUO Approval") for a certain planned unit
development also known as Parcel 5B.
3. Pursuant to the City's Land Development Regulations and the PUD Approval, the
Catalfumo Entities are required to construct a 2-lane road from Alternate A1A to
Military Trail known as Kyoto Gardens Drive Extension ("Kyoto Drive
Improvements"). The City has requested that Kyoto Drive Improvements be
constructed as a 4-lane road to provide for future road capacity and the City has
agreed to fund the difference in cost between a 2-lane road and a 4-lane road
concurrently with the construction of the Kyoto Drive Improvements as set forth
on Exhibit 'A" attached hereto
4. Catalfumo Entities and City agree that it is critical that construction of the Kyoto
Drive Improvements commence on or before March 31 , 2005 I
The understanding of the parties is as follows:
1. Catalfumo Entities will contract separately for the construction of the bridge
portion of the Kyoto Drive Improvements and the road portion of the Kyoto Drive
Improvements located within the City's Road Right-of-way in order to expedite the
commencement of construction, it being understood that the bridge portion of the construction will be able to commence most expeditiously in this fashion. Catalfumo
Entities shall commence construction of the bridge portion of the Kyoto Drive
Improvements on or before March 31, 2005 and shall use its best efforts to complete
the Kyoto Drive Improvements prior to December 31,2005 and in any event as soon as
practicable thereafter. In order to assist Catalfumo Entities in completing the Kyoto
Drive Improvements and the other linkage roads through Parcels 5A and 5B, City shall
use its best efforts to review and permitt road plans submitted by Catalfumo Entities in
connection with said road work and as soon as practicable issue work permits as
necessary to allow Catalfumo Entities to meet the required time schedules.
2. Catalfumo Entities shall be responsible for the cost of constructing a 2-lane
divided (similar to the 5B Roadway approved by Resolution 216, 2004 PUD Approval)
road only with the City obligated to pay the increased costs caused by the City’s
requirement that the Kyoto Drive Improvements provide 4 lanes when first constructed.
City shall also be obligated to pay for the cost of the FEC railroad crossing and related
improvements. The City agrees to reimburse the Catalfumo Entities its share of the
monthly contractor invoice in accordance with the Estimates attached hereto as Exhibit
“A” (as contemplated by Paragraph 13a of Resolution 216) exclusive of the City’s
payments to the FEC.
3. Catalfumo Entities shall provide a Bond satisfactory to the City Manager in the
estimated amount required to construct its 2-lane share of the Kyoto Drive
Improvements in a format acceptable to the City Attorney and as required in PUD
Approval. Catalfumo Entities hereby agrees that should the City call the bond and
assume the responsibility for construction of the roadway; the City may use a two
square acre area of land immediately north of the north Kyoto Gardens Drive Right-of-
Way line (in the vicinity of the bridge) for the purposes of draining the road. Further, this
agreement maybe used to demonstrate to permitting agencies that water quality
requirements maybe met within that two acre area and that the City has the legal rights
to excavate and use that acreage for drainage purposes.
4. Catalfumo Entities and its contractors shall comply with all aspects of the
construction requirements as set forth in the Stipulated Final Order and other related
documents for Kyoto Gardens Drive on both the east and west sides of the FEC
trackbed. All correspondence with FEC will be copied to the City Attorney and all phone
calls to FEC will be logged and a call log will be forwarded to the City with each request
for reimbursement of construction costs.
5. Catalfumo Entities shall be entitled to impact fee reimbursements and credits
which shall be pooled and credited in accordance with the Assured Construction
Agreement for both the bridge and road improvements provided the projects are
completed within the times established in this agreement.
6. City shall be entitled to a right of approval of the contractors selected for
construction of the Kyoto Drive Improvements. If possible, the contractors selected
shall be ones that have current, ongoing, public construction projects that the City can
“piggy-back‘ onto in order to satisfy the waiver requirements for the public bidding of the
City’s portion of the Kyoto Drive \mprovernents. \tis acknowledged that, in any event, it
is not practicable to obtain separate contractors to bid on the expansion of the Kyoto
Drive Improvements from 2-lane road improvements required to be constructed by the
Catalfumo Entities to the 4 lanes requested by the City. I
IN WITNESS WHEREOF, the parties executed this Memorandum of
Understanding as of the date set forth above.
Witness PGA NORTH II OF FLORIDA LLC,
By: Diver Management, Inc.,
Its general partner
RCA CENTER II OF FLORIDA LLC
PGA GATEWAY, LTD,
Daniew talfurno, President
MALL PROPERTIES, LTD.
L-
CITY OF PALM BEACH GARDENS
- Estimate -
Kyoto Gardens Drive Construction Costs Summay
LTEM
2-Lane Road Construction Cost
2-Lane Bridge Construction Cost
Landscaping & Irrigation
CQsI
$ 1,094,875
$ 2,490,000
$ 360,475
Total 2-Lane Option Cost: $ 3,945,350
(-Lane Road Construction Cost
4-lane Bridge Construction Cost
Landscaping & Irrigation
$ 1,237,826
$ 3,240,000
$ 360,475
Total 4-Lane Ootion Coat: S 4.838301
Upgrade of Road to Four Lanes Construction Cost $ 142,951
Upgrade of Bridge to Four Lanes Construction Cost $ 750,000
Sub-Total Construction Cost of Upgrade to 4 Lanes: $ 892,951
Upgrade to 4 Lanes Engineering/Survey/Ceotech Costs $ 21,982 1R of item costs
Upgrade to 4 Lanes Clearing Cost $ 16,425 1/2 of item cost
Upgrade to Four Lanes Military Trail Signalization Cost $ 225,000 1/2 of item cost
Sub-Total Design, Clearing k Signal Upgrade Cost $ 263,407
Sub-Total Derign & Conrtruction Upgrade Cost: $ 1,156,358
15% Contigency: 6 173,454
15%Administradon: $ 173,454
Bond Cost (2%): 6 30,065
Total Coat of Upgrade to 4 Lanee: 5 1,533,331
Notes: 1. The above figures do not include the cost of design and construction
of the FEC railroad crossing and related improvements which are to be
paid 100% by the City of Palm Beach Gardens.
2.-w*-uw*mme m-v
3. Estimated costs are based on 2004 materials and labor costs.
EXHIBIT "A"
b# 9.
PAYMENT AND PERFORMANCE BOND
FOR INFRASTRUCTURE COMPLETION
Know all men by these presents:
That we, PGA NORTH II OF FLORIDA LLC, a Florida limited liability company, RCA
CENTER II OF FLORIDA LLC, a Florida limited liability company, PGA GATEWAY
LTD., a Florida llmlted partnership, and MALL PROPERTIES, LTD., a Florida limited
partnership (herelnafter called “PRINCIPAL“), and Liberty Mutual Insurance’Company,
authorized to do business in the State of Florida, (hereinafter referred to as “SUREnl)
are held and flrmly bound unto the Clty of Palm Beach Gardens (hereinafter called the
”CIN“), a political subdlvlslon of the State of Florida, In the full and just sum of
Dollars ($ 4,734,420-00
Four Million Seven Hundred Thibty Four Thousand, Four Hundred Twenty and OO/lOO---
) lawful money of the Unlted
States of America, to be paid to the CITY to which payment wlll and truly be made, we
bind ourselves, our heirs, executors, administrators, successors and asslgns, jointly and
severally, flrmly by these presents:
WHEREAS, the above bound PRINCIPAL has executed an agreement for
Assured Construction of Llnkege Roads with the City dated October 3, 2002 (“Assured
Construction Agreement‘) and RCA CENTER Ii OF FLORIDA LLC, has obtalned from
the CITY, Site Plan approval pursuant to Resolution 216 , 2004 (hereinafter called the
I ...
'PUD Approval") for a certain planned unit development known as Parcel 5B and has
agreed as a condition of the Assured Construction Agreement at the PUD Approval to
complete the Required Improvements (as hereinafter defined).
Required Improvements consist of constructing a two-lane portlon of a four-lane road
known as the Kyoto Gardens Drive Extenslon (Resolution 216, Section 4 Engineering
WHEREAS, the
Item 14a.).
WHEREAS, this Payment and Performance Bond for Infrastructure Completion
Four Hlllion Seven Hundred Thirty Four Thousand, Four Hundred Twenty and OO/lOO--
(herelnafter called the "Bond") is in the full and just sum of
Oollars (8 4#734#420*00 ) lawful money of the United States of America, said sum
being the estimated cost to complete the responslblllty of PRINCIPAL for its share of
the construction of the Required Improvements.
NOW, THEREFORE, the SURETY agrees as follows:
1. The foregolng recitals are incorporated herein by reference.
2, The conditlon of this obligation of SUREW Is such that if the PRINCIPAL
shall, in all respects, fully comply with, carry out, construct, erect and build
Its share of the Requlred Improvements In substantial conformity with the
plans, speclficatlons and schedules covering said work and such
approved additions, amendments or alterations as may be made in the
plans, specifications and schedules for said work (it being understood that
the SURETY shall remain bound under this Bond although not informed of
any such additions, amendments or alternations), and shall commence
and complete all of said work in accordance with the Contract for
construction of the work and, provided It receives prompt payment from
the City for the City's share of the cost of the work, or is otherwise
compensated by the Clty as the parties may subsequently mutually agree
In writing may promptly make payment to all persons supplying the
PRINCIPAL, Its contractors or subcontractors with any labor, services,
material and/or supplies used directly or indirectly by them or some or any
of them in the prosecution of said work, then this obllgatlon has be void,
otherwise remaining in full force and effect.
3, SUREM, for consideration received, hereby stipulates and agrees that no
changes, extensions of time, alterations or additions to the work or the
plans, specifications and schedules covering the same, or in the term or
mode of payment forthe same, shall In anywise affect liability or.payment
under this Bond, and It does hereby waive notlce of any and a\\ such
changes, extensions of time, alterations and additions to the work or to
the plans, speclflcatlons and schedules covering said work.
The principal amount of this Bond will be reduced, from time to time, only 4.
L
as and when (a) the PRINCIPAL provides the GIN with evidence of
partial completion and payment costs and eipenses of the Project
reasonably satisfactory to the CITY, such as by way of example, release
of lien and certification of payment, and (b) the PRINCIPAL provides the
CITY an engineering estimate of costs to complete the Required
Improvements, or (c) CITY draws down payments from SURETY under
this Bond in accordance with the provisions of paragraph 5c below. The
PRINCIPAL shall provide the CITY with a list of all contractors,
subcontractors and material contractors, subcontractors and material .
suppliers, together with a certificate of the general contractor certifying
such list is complete. The CIIY shall not have the obligation to reduce the
prlnclpal amount of this SURETY, If it has reasonably concluded the costs
of completlon wlll exceed the original cost estimate or evldence of
payment and partial completion is not satisfactory to the GIN. To obtain
a reduction in the prlnclpal sum of the Bond, the PRINCIPAL shall obtain
from the CITY authorization for a reduction, whlch shall be forwarded to
the SURETY. Any reduction in Bond value shall be considered effected
and binding against CITY.
Whenever the PRINCIPAL shall have failed or refused to commence or 5.
complete the sald work by the dates set forth in the Contracts for the
work, the CITY may declare the PRINCIPAL'to be in default and the
SURETY may remedy the default within thirty days, or shall within thirty
days:
a. Complete or begin completlon of the said work in accordance with
the specifications and schedules covering said work and such
approved additions, amendments or alterations as may be made in
the plans, speclflcations and schedules covering said work,
completing the work in a prompt manner, or
b. Obtain a bid or bids for submission to the CITY for completlon of
said work in accordance with the plans, specificatlons and
schedules covering said work, and such approved additions,
amendments or alterations as may be made in the plans,
specifications and schedules for said work, and upon determlnation
by the CIN and the SURETY of the lowest responsible bidder,
arrange for a contract between such bidder and the SURE'PI, and
pay to such bldder as work progresses (event should there be a
default or a successlon of defaults under the contract or contracts
of completion arranged under this paragraph) the funds required to
*. .
.t
pay the costs of completion of said repair or maintenance work as
herein described.
Alternatively, the parties hereto understand that upon default by
PRINCIPAL, CITY may elect to assume the contracts for the
construction of the work, in which event Clpl shall be entitled to
draw from SURETY the amounts due on a monthly basis in order
for CIN to cover PRINCIPAL'S share of the cost of the work
regardless of the fact that the cost of the Required Improvements
may exceed the amount of this Bond. If City elects to assume the
contracts for construction of the Requlred Improvements, this Bond
shall be modified as necessary to comply with the provision8 of
c.
F.S. 255.05.
6. The CITY shall be entitled to their reasonable attorneys fees and costs in
any action et law or equity, including appellate court actions, to enforce
the CITY'S rights under this Bond.
IN WITNESS WHEREOF, the PRINCIPAL and SURETY have executed these
presents thls 28th day of December, 2004.
Wit n e66 PGA NORTH II OF FLORIDA LCC, By: Diver Management, Inc.,
RCA CE OF FLORIDA LLC
Witness PGA GATEWAY, LTD,
Witness MALL PROPERTIES, LTD.
J
SURETY:
Liberty Mutual Insurance Company
By:
Brett Aorenhaur, Attorney In Fact/FL Rarddeht Counterslgned by: Brett Rosenhsur Agent
Address: 4000 South 57th Avc. Ste. 201 0
Lake Worth, FL 33463
L:\FORMS\PaymsntAndPo~oonnanceREOLlNE .wpd
Liberty Mutual Surely Bond Number 4@1/ooq 2 3.
NOTICE FROM SURETY REQUIRED BY
TERRORlSM RISK INSURANCE ACT OF 2002
In accordance with the Terrorism Risk lnsurance Act of 2002 (referred to
heretnafter as the “Act”), this disclosure notice is provided for surety bonds on
which one or more of the following companies is the issuing surety: Liberty
Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM
lnsurance Corporation; The First Liberty Insurance Corporation; Liberty
Insurance Corporation; Employers Insurance Company of Wausau (formerly
“EMPLOYERS INSURANCE OF WAUSAU A Mutual Company”); Peedess
Insurance Company; and any other company that is a part of or added to the
Liberty Mutual Group for which surety business is underwritten by Liberty Mutual
Surety (referred to collectively hereinafter as the “Issuing Sureties”).
NOTICE FORMS PART OF BOND
This notice forms part of surety bonds issued by any one or more of the Issuing
Sureties.
DISCLOSURE OF PREMIUM
The premium attributable to any bond coverage for “acts of terrorism” as defined
in Section 102(1) of the Act is Zero Dollars ($0.00).
DISCLOSURE OF FEDERAL PARTICIPATION
IN PAYMENT OF TERRORISM LOSSES
The United States will reimburse the Issuing Sureties for ninety percent (90Y0) of
any covered losses from terrorist acts certified under the Act exceeding the
applicable surely deductible.
LMIC-6539 11/15/04
This Powrr of Attornry Ilmllr tho acts of those nimrd herein, and they have no authority to bind the Company except in the manner and to
the extent horrln itrted.
LIEERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
POWER OF AllORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Uberty Mutual Insurance Company (the 'Company'), a Massachusetts stock Insurance
company, pursuant to and by authority of the By-law and AulhorlzaUon hereinatler set farlh. does hereby name, consdtute and appoint
RICHARD M. BUTIN, KAREN L DEBARDAS, BRRT ROSENHAUS, MELINDA ROSENHAUS, ALL OF THE ClTY OF
WEST PALM BEACH, STATE OF FLORIDA ..........................................................................................................................
, each IndlvldUaIly I1 there be more than one named, Its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deiivec, for and on Its
behalf an aure and as Its act a$rlml,,afr,,~,~Il undertakings. bonds, recognizances and other surer ~$a~,~ In the penal sum not exceeding FIFW MILU~N AND ow100 ) each, and the
0xeCu~ of Wch undeftakkbgs. We. mO!plZRnCeS and ather surely obligations, in pursuance 01 these presents. shalt be as binding upon the
Company as if they had been duly signed by the presldenl and attested by the secretary of the Company in their own proper persons.
That lhls power Is made and executed pursuant to and by authority of the ldlowing By-law and AuthoriraUon:
...............................................................................................................................................................................................
DOLLARS ($ 50,000, 00 0
ARTICLE Xlli - Execution of Contracts: Section 5. Surety Bonds and Undetiaklngs.
Any dfker of the Company authorized for that purpose in wdtlng by the chairman or he president. and subject to such limitations as the
ly the following lnstrumenl the chairman or the presldenl has authorized the offiier or olher offiiiai named therein to appoint attorneys-in-fact:
Pursuant to Article XIII, Sedion 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual insurance Company, is hereby
aulhorlzed to appoint such attorneys-In-fad as may be necessary lo act In behalf of the Company lo make, execute, seal, acknowledge and
deliver as surety any and all undertakings. bonds. recognizances and other surety obligatlons.
rhat the By-law and the Authorization set lonh above are true copies thereof and are now in full lorce and effect.
LIBERTY MUTUAL \USURANCE COMPANY
COMMONWEALTH OF PENNSYLVANIA 6s
COUNTY OF MONTGOMERY
On this 23rd day of March , -2pp4, before me, a Nota~y Public, personally came
that hr b M Asstslant Secretary of Ubem MuW lnsurence Company; that he knows the seal of said corporation; and that he execoted the rbovl
Powrr d Anomry and rlli-wate real of Uberty Mutual Insurance Company thereto with the authodty and at the direction d cald CorporaOon.
to me known, and acknowledged 3 8 E
g 3 I
rubtcdbed my name and amxed my nolarial oefd at PlymWm Meelng, Pennsylvanla, on tho day and year 12 3
I, the undersigned, AsslaM~~ of Liberty Mutual Insurance Company, do hereby cerlify that the original power of attorney of which the fOfepdng I
Is I fuk tnre ad correct copy, Is In ftdi force and eHwt on he date of this certiflcatr; and I do further certify that the oMcer 01 offidal who executed the said powrr of atbmey Is UI Aulrlv\l Secretary spedaity auhodzed by be chakman or the preddent to appoint attorneys-In-fact as provlded h Artid0
XIII, Section 5 d Ihe Byfam of Liberty Mutual Insurance Company.
TMs certificate and the abovr power of altomey may be signed by facsimlle or mechanically reproduced slanatvres under and by authority d the fdbwlng vote d the board of dlrectom o! Uberty Mutual Insurance Company et a meeting duly caned end held on the 12th day 01 March, 1980.
VOTED that the facsimile of mechanlcally reproduced slgnahrre 01 any assistant secretafy 01 he company, wherever appeadng upon a
Cedfled copy of any power of attorney Issued by the company in connection wlth surely bonds, shall be valid and blndlng upon tho company
wllh tho same force and eHed as though manually amxed.
L AH/
hereunto subsulbed my name and amxed the corporate seal of the raid company, this d6' day of . n /
-I-----_ ._-- - .. . .- ...... ................... I
3
4P ‘3 5 asfollaws:
6
7 a
9
10 EMF
I1
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General Fund
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1
CONSTRUCTION HISTORY
School ModernizationsReplacements
Constructed in Palm Beach Co. FY2001- FY2009
-,
SY - SClIOOl
Year Opened
!' 1'
I 1
Elementary 1 Budget Middle Budget High Budget
I
2000 - 2001 Lincoln 15,X41,362 Lakcshorc 28,420,12 I
North Grade 1 1,s 17,825
South Grade 11,149,1G3
Forest Hill 13,732,161
Palmetto 17,888,635
West Gate 13,664,039
Green acres I 1,935,727
Jupiter 12,606,617
Lake Park 11,115.637
South Olive 13,351,380
Palm Spnngs 17,903,095 Forest Hill 50,874,334
Roosevelt 19,609,709
UB Kinsey/ Palmview 13,502,695
Meadow Park 16,033,408 H. I,. Watkins 25,645,391
Palm Beach Public 16,809,000
S. D. Spady 15,616,943
Congress 33,733,046 John I. Leonard 70,566,095
John F. Kennedy 33,121,028
Palm Springs 35,692,663
DD Eisenhower 27,691,468
Rolling Green 26,536,387
Hagen Road 30,319,279
30,243,141 P.R. Gardens
Forest Park 31,665,184
Westward 32,342,878
,
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
November 6,2008
7:OO P.M.
Mayor Jablin - fies*r
Vice Mayor Levy
Council Member Russo
Council Member Barnett
Council Member Premuroso
PLEDGE OF ALLEGIANCE
4L ROLLCALL
J La ADDITIONS, DELETIONS, MODIFICATIONS:
. JIV ANNOUNCEMENTS / PRESENTATIONS:
a.
ITEMS OF RESIDENT INTEREST AND BO ARD/COMMI'ITEE REPORTS:
Florida Department of Transportation project at US1 and PGA BlvcUAl A.
J V.
JVL CITY MANAGER REPORT
VIL COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, Dlease submit
reauest form to the ci Clerk orkr to this Item)
VIIL CONSENT AGENDA:
lPage 4) Proclamation - Geographic Awareness Week.
IX. PUBLIC HEARINGS:
Part I - Ouasi-iudicial
other mmoses.l
oving a fourth special event application at St.
Resolution of the City Council of the City
(Staff Report on P-on on Page SO kesolution 9/, 2008'
Mark's Episco a1 Church. I
my movie night to be held Friday, November
Grom 6:OO p.m. until 1O:OO p.m., generally located on the Northwest corner o 4fo
Burns Road and Cidenn Fast Dfive; prnviding an effective date ad for &her
Ducp0SeS.I
-
fStrff Report on Pane 69, Resolution on Pwe 73)Besolution 100, 2008 -
Development Order Amendment for Gardens Pointe L Resolution of the City
ouncil of the City of Palm Beach Gardens, Florida approving an amendntent to
esolution 76, 2007 sie plan for Gardens Pointe to allow the development of a
175-rmm six (6) story hotel, a four (4) story 37,500-squareht office building,
d a one (1) story 4,OOO-square-foot out parcel bank on a 6.64-acre site located a
e Northwest corner of Kyoto Gardens Drive and Fairchild Gardens Avenue
artidady described herein; providing conditions of anproval; prnvidina
' hh the Regional Center Development of Regional Impact (DRI), as more 4
r other purs 1 I
Part I1 - Non-Quasi-iudicial
X. RESOLUTIONS:
XI ORDINANCES: (For Consideration on First Reading)
=Staff Report on Page 11 1, Ordinance on Page 110' IIU~ULll~G LVwu -
Ordinance of th
ing an amendment to its
Comprehensive Development P&m in -ordance with the madates set forth in
Sections 163.3177 and 163.3187,' #D'.SEQUENTES., Florida Statutes, pursuant t 1 o a City-initiated amendment wtiich provides for the annual update to the five-
;Year Capital Improvements schedule within the Capital Improvements Element,
including revised text necessary to update tabular data in the capital
improvements element; providing that the text and data, as amended or revised,
shall be substituted for and replace the existing text or data in the Capital
LLD
Element; providiug & transmittal to the State Land Planning
a conflicts clause, a severability clause, nl,thfi,-i+17 +n
~ I kodify; provjdinn an effective date; and for other ~~moses
XIL ITEMS FOR COUNCIL ACTION/DISCUSSION:
b.
c.
d.
e.
Membership to the Historical Society.
District Park - pwchase, timeline and uses.
City of Palm Beach Gardens' 50* Anniversary.
Policy on Personal Relationships in the Workplace.
ATTORNEY REPORT:
XIV. ADJOURNMENT
PLEASE TME NOTlcE AND BE ADWSED that if any interested party wishes to appeal
any dscision made by the City Corrncil with mywet to any nra#er considkd at this public
heating, such intem&dpemons wiU need a record of the pmeedings and may need to ensure
that a verbatim record is made, including the tesiimOny and evidence upon which the appeal is
to be based
In accordance with the Americans uith Disubilities Act and Section 286.26, Flo& States,
persons with dkabilitks needing special accormtLOdan0 ns in onder to participate in this
proceeding are entitled to the provision of certain assistance at no cost please call the City
clerk's Wce at 561-799-4122 no later than 5 &ys prior to the kerning if this assistanCe is
required For heating impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TOO) 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
November 6,2008
7:OO P.M.
Mayor Jablin MxwT
Vice Mayor Levy
Council Member Russo
Council Member Barnett
Council Member Premuroso
I. PLEDGE OF ALLEGIANCE
II. ROLLCALL
III. ADDITIONS. DELETIONS. MODIFICATIONS: 9-O
IV ANNOUNCEMENTS / PRESENTATIONS:
7 4q a. Florida Department of Transportation project at US1 and PGA BlvdAlA.
7: b V. ITEMS OF RESIDENT INTEREST AND BOARDKOMMITTEE REPORTS:
VI. CITY MANAGER REPORT:
’y 7 ; 3q VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda. please submit
reauest form to the Citv Clerk prior to this Item)
0 VIII. CONSENTAGENDA: Lf-
a. $Page 4) Proclamation - Geographic Awareness Week.
IX. PUBLIC HEARINGS:
Part I - Ouasi-judicial 7 Lf3
a.
,rpo)’@
LStaff ReDort on Page 5. Resolution on Page 18) Resolution 95, 2008 -
Decorator’s Unlimited. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida, amending the site and sign plan approved for Lot 2 of
South Park Center (a.k.a. Decorator’s Unlimited); providing waivers; providing
conditions of approval; providing an effective date; and for other purposes.
405 IQ
I+-O
C.
7 ;P
Y- *
X.
XI
3:s
Y
XII.
/Staff Report on Pape 48. Resolution on Page 50 Resolution 97, 2008 - St.
Mark's Episcopal Church. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving a fourth special event application at St. Mark's
Episcopal Church for a family movie night to be held Friday, November 14,2008,
fiom 6:OO p.m. until 1O:OO p.m., generally located on the Northwest comer of
Burns Road and Gardens East Drive; providing an effective date; and for other
purposes.
JStaff Report on Pape 69, Resolution on Page 73) Resolution 100, 2008 -
Development Order Amendment for Gardens Pointe. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving an amendment to
Resolution 76, 2007 site plan for Gardens Pointe to allow the development of a
175-room six (6) story hotel, a four (4) story 37,500-square-foot office building,
and a one (1) story 4,000-square-foot out parcel bank on a 6.64-acre site located at
the Northwest comer of Kyoto Gardens Drive and Fairchild Gardens Avenue
within the Regional Center Development of Regional Impact (DRI), as more
particularly described herein; providing conditions of approval; providing
waivers; providing an effective date; and for other purposes.
Part I1 - Non-Ouasi-iudicial
RESOLUTIONS:
ORDINANCES: (For Consideration on First Reading)
a. {Staff Report on Page 111. Ordinance on Page 119) Ordinance 28,2008 - (1"
reading) Amending the Capital Improvements Element. An Ordinance of the City
Council of the City of Palm Beach Gardens, Florida adopting an amendment to its
Comprehensive Development Plan in accordance with the mandates set forth in
Sections 163.3177 and 163.3187, et seq., Florida Statutes, pursuant to a City-
initiated amendment which provides for the annual update to the five-year Capital
Improvements schedule within the Capital Improvements Element, including
revised text necessary to update tabular data in the capital improvements element;
providing that the text and data, as amended or revised, shall be substituted for
and replace the existing text or data in the Capital Improvements Element;
providing for transmittal to the State Land Planning Agency; providing a conflicts
clause, a severability clause, and authority to codify; providing an effective date;
and for other purposes.
ITEMS FOR COUNCIL ACTION/DISCUSSION:
a.
b.
c.
d.
e.
January 1, 2009 Council meeting.
Membership to the Historical Society.
District Park - purchase, timeline and uses.
City of Palm Beach Gardens' 50th Anniversary.
Policy on Personal Relationships in the Workplace.
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.
c
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print-
Name:
Address:
City:
Subject:
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
Name:
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: \
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.
CITY COUNCIL MEETING 11/06/08
PROPOSED ADDITIONS, DELETIONS, AND MODIFICATIONS
ADDITIONS:
DELETIONS:
MODIFICATIONS:
NONE
Under Public Hearings - Part I - Quasi-iudicial
a. Resolution 95,2008 - Decorator’s Unlimited.
The petitioner has requested to postpone until
date certain of November 20,2008.
A copy of the letter fiom the Johnston Group
has been provided for each member of Council.
Under Items for Council ActiodDkussion
a. January 1,2009 Council meeting.
b. Membership to the Historical Society.
c.
d.
District Park - purchase, timeline and uses.
City of Palm Batch Gardens’ 50* Anniversary.
f? Policy on Personal Relationships in the Workplace.
Mayor Jablin will not be in attendance at
tonight’s meeting and has requested that all
items under Council ActiodDiscussion be
postponed until date certain of November 20,
2008.
NONE
JOHNSTON GROUP
Land Development Consultants, Inc.
VIA E-MAIL & U.S. MAIL
November 3,2008
Ms. Kara Irwin
Growth Management Administrator
City of Palm Beach Gardens
Growth Management Department
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Re: Petition MIX-0&0e042 Decorators Unlimited
Request for Postponement
Dear Ms. Irwin:
We appreciate the time you spent this morning with Council Member Davit, levy, Mr. Bob
Martin and I to discuss the architectural and site improvements proposed for the Decorators
Unlimited property on Riverside Drive. As you know, we strongly believe, having produced
several iterations of plans, that we have proposed an excellent design that is cohesive with the
existing building and will be both a benedit to Decoratots Unlimited and the residents of the City
of Palm Beach Gardens Nonetheless, pu~uant to Wr. kvfs comments, we are wllling to
further expbre the potential for adding some lightweight material ah the top of the parapet
wall in order to provide a step down from the proposed tower feature. Unfortunately, the
project architect is amentty out of the country and is due to return on Monday, November 10,
2008 which is after the scheduled hearing for this project on Thursday, November 6,2008.
Accordingly, we respectfully request that the project be postponed until the November 20,
2008 City Council meeting in order to provide our team with enough time to fully evaluate the
potential for these architectural revisions,' and to make plan revisions should a feasible design
option be discowred.
y questions regarding this request, please do not hesitate to contact me at
at (561) 691-4552.
601 Heritage Drive. Suite 127 - Jupiter, FL 33458 - 561.691.4552 p 3 ' 561.691.4553 f - infos?johnstongroupinc.com - www.johnstongrouphc.com
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PGLIC HEARINGS: ii ~~008 .. P Part I - OurrCJlld~ul
0*-1s1
Title Read:
Hearing Opned:
Ex-Parte: JB DL 3R HV E3
Petitioner presentation:
Staff Prcseatution:
Hear& Closed:
Bring back fbr discussion:
Motion:
Vote:
Title Read:
Hearing Opened:
Ex-Parte: JB DL JR HV EJ
Petitioner presentation:
StafFPresentation:
Hearing Closed:
Bring back for discussion:
Motion:
Vote:
J
Title Read:
Hearing Opened:
Ex-Parte:JB DL JR HV EJ
Petitionex presentation:
StafF Presentation:
Resolution 95, 2008 - Decorator's Unlimited. A
Resoh$on of the City Council of the City of Palm
Beach 'Gardens, Florida, amending the site and
fbr Lot 2 of sauth Park Center
's Unlimited); providw waiveis; '
s of approval; providing an
osherpurpoaes.
,
4
Northdeet bmer of Burns Road aad Gardens East
*,andhother
fbr Gardens Pointe. A &solution of
of the City of Palm Beach
approving an amendment to
6,2007 site plan fbr oardens Pointe
of a 175-room six (6)
a ibur (4) story 37,5oo-squarr-h
and a one (1) stmy 4,oOesquare-
bank on a 6.- site located at
f Kyoto Gardais Drive and
erne within the Regional
Center melopment of Regional Impact (DIU), as
an effective date; and for other
darly described heszin, pmvi-
approval; pmvidilrg waivers;