HomeMy WebLinkAboutAgenda PZAB 082206Citv of Palm Beach Gardens J
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August 22,2006
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mndoljh Hansen
Dennis SoCnnon
Craig Xunklk
N ichaeC panctak
~ouglbs PenneK
Barry Present
Jonathan D. Ru6in.s
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Joy Hecht (is' Ah?.)
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AGENDA
CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
TUESDAY, AUGUST 22,2006, AT 6:30 P.M.
COUNCIL CHAMBERS
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I CALLTOORDER
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0 PLEDGE OF ALLEGIANCE I 0 REPORT BY THE GROWTH MANAGEMENT ADMINISTRATOR: KARA IRWIN I
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I 0 APPROVAL OF MINUTES: August 08,2006
PLANNING, ZONING AND APPEALS BOARD
I Regular Members: . Alternates:
Craig Kunkle (Chair)
Barry Present (Vice Chair)
Randolph Hansen
Dennis Solomon
Michael Panczak
Douglas Pennell
Jonathan D. Rubins
Joy Hecht (1" Alt.)
Amir Kanel (2'ld Alt.)
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Planning, Zoning and Appeals Board
August 22,2006 c
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Public Hearing and Recommendation to City Council:
Petition LDR-05-08: LDR Text Amendment - Development Name and Address
Standards
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(continued from August 8,2006)
Public Hearing and Recommendation to City Council: A City-initiated amendment to the
City’s Code of Ordinances by amending Chapter 78, “Land Development,” as it relates to
addresses, subdivision names, street names, and the Addressing Committee.
Project Manager: Aries Page, GIS Manager aoag&,pbafl.com (799-4278)
2. Recommendation to City Council:
CPTA-06-04-02: Text Amendment to the Future Land Use Element (FLUE)
CPTA-06-04-03: Text Amendment to the Economic Development Element (EDE)
CPTA-06-04-04: Text Amendment to the Intergovernmental Coordination Element
(ICE)
Recommendation to City Council: A City-initiated request for text amendments to three
separate elements of the City’s Comprehensive Plan to create a Bioscience Research
Protection Overlay. The amendments modify the text of the Comprehensive Plan
concurrent with a Future Land Use Map amendment to include a Bioscience Research
Protection Overlay (BRPO) encompassing properties included in the inventory of vacant
un-entitled, vacant entitled and existing properties that can accommodate Bioscience
Uses within the City of Palm Beach Gardens. The three (3) text amendments establish
the policies that will apply within the proposed overlay area.
Project Manager Kaia Iiwin, Growth Management Administiator kinvin@pbafl.com (799-4242)
3. Recommendation to City Council:
CPMA-06-04-03: Large Scale Future Land Use Map Amendment (Future Land Use
Element)
Recommendation to City Council: A City-initiated request for an amendment to the Future Land
Use Map of the City’s Comprehensive Plan that applies a Bioscience Research Protection
Overlay. The proposed FLUM amendment modifies the Future Land Use Map to include a
Bioscience Research Protection Overlay (BRPO) encompassing all the properties included in the
inventory of vacant un-entitled, vacant entitled and existing properties that can accommodate
bioscience research / biotechnology uses.
Project Manager Kaia Iiwin, Growth Management Adininistrator kinvin@,Dbgfl.com (799-4242)
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Planning, Zoning and Appeals Board
August 22,2006
5. NEW BUSINESS
6. ADJOURNMENT
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In accordance with the Americans with Disabilities Act and Florida Statute 286.26, persons with disabilities needing special accommodations to
participate in this proceeding should contact the City Clerk S Ofice, no later than Jive days prior to the proceeding, at telephone number (561)
799-4120 for assistance; if hearing impaired, felephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800) Y55-8770 (VOICE),
for assistance. Ifa person decides to appeal any decision made by the Planning, Zoning and Appeals Board, Local Planning Agency, or Land
Development Regulations Commission, with respect to any matter considered at such meeting or hearing, they will need a record of the
proceedings; and for such, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based. Exact legal description and/or survey for the cases may be obtained from the files in the Growth
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' Management Department.
Coinmodpz agenda 8-22-06 doc I
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CITY OF PALM BEACH GARDENS
10500 N. Miliity Trail Palm Beach Gardens, Florida 334104698
Phone: (561) 7994243 1 city Website: httD://Dbafl.COm FU: (st) 7994281
Contents
Powerpoint Disc Instruction
Planning & Zoning 2003 Meeting Schedule
Memo to Commissioners
Meeting Agenda
Staff Reports with Attachments
Legend for the Conceptual Thoroughfare Plan
Map of Conceptual Thoroughfare Plan
Official Zoning Map
Future Land Use Map
Major Project Map
Pkase have the 6he 6idms in the
CIzamGers
fmjiture meetzngs
--L PLANNING & ZONING COMMISSION
PowerPoint Disc Instruction
Instructions for Running Your PowerPoint Disc
(Regardless if you do have or don’t have PowerPoint)
1) Load onto your computer the CD-ROM Disc
2) Go to “My Computer” and Double Click on Disc Icon, CD-Drive
3) Double Click on application pngsetup
4) At Destination Folder me: c:\pz
5) When the dialogue box says it does not exist, do you want to create one? Say Yes
6) When the dialogue box says do you want to run it? Say Yes
a) If your operating system does not ask this:
1) GO back to “My Computer”
2) Go to c:\pz
3) Look for the icon with glasses &4’ then double click
4) Pick the PowerPoint you want to view
7) When Powerpoint presentation loads, hit Enter to go through it
‘3) Hit Escape to skip to next petition
Planning & Zoning Division
CITY OF PALM BEACH GARDENS
10500 N. MILTARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698
MEMORANDUM
DATE: August 22,2006
TO:
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Planning, Zoning and Appeals Board Members
I FROM: Growth Man agemen t Department
I SUBJECT: Planning, Zoning and Appeals Board Meeting
Tuesday, August 22,2006 - 6:30 P.M.
Enclosed is the agenda containing the items to be presented on Tuesday, August 22,
2006. This meeting will be held in the Coiincil Chambers, Palm Beach Gardens
Municipal Building, 10500 North Military Trail, beginning at 6:30 p.m.
Enclosed with this memorandum are the following items:
1. An agenda for the meeting; and
2. A Growth Management Department staff report for the items to be heard.
As always, the respective Project Managers' telephone numbers and e-mail addresses
have been provided in case you have any questions or require additional information on
any petition. This will help us offer better staff support in the review of these
applications.
Nina Sorenson, Administrative Specialist 11, will call to confirm your attendance.
Kara Irwin,'AICP
Growth Management Administrator
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PLANNING, ZONING AND APPEALS BOARD
REGULAR MEETING
August 8,2006
MINUTES
I The Regular Meeting of the Planning, Zoning and Appeals Board of the City of Palm Beach
Gardens, Florida, was called to order by Chair Craig Kunkle at 6:30 P.M. in the Council
Chambers of the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens,
Florida, and opened with the Pledge of Allegiance to the Flag.
REPORT BY GROWTH MANAGEMENT ADMINISTRATOR
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Ms. Kara Irwin was congratulated on her appointment as Growth Management
Administrator. Ms. Irwin reported at the July 20th City Council meeting, a Treasure Coast
Regional Planning Council representative had provided a presentation on the possibility of a
7-day charrette regarding building heights; however, the City was looking for something
along the lines of the community planning session that was done for the Briger site and was
in the process of determining what type of consultant would best serve as a mediator. Ms.
Irwin reported the City Council had approved the helipad at Gardens Medical Center; the
rezoning, the master plan, the residential for Marin Cove; and the Land Development
Regulation amendment for public notice requirement changes; and had denied the
Community Development District for South Hampton. 0 APPROVAL OF MINUTES
I I Mr. Solomon made a motion to approve the minutes of the July 25, 2006 meeting as
submitted. Mr. Present seconded the motion, which carried by unanimous 7-0 vote.
ROLL CALL:
I I Debbie Andrea, Recording Coordinator for the meeting, called the roll for the Planning,
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I Zoning and Appeals Board:
Present
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Chair Craig Kunkle
Vice Chair Barry Present
Dennis Solomon
Randolph Hansen
Michael Panczak
Douglas Pennell
Jonathan D. Rubins
Absent
Joy Hecht (lst Alt.)
Amir Kanel (2nd Alt.)
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Planning, Zoning, and Appeals Board Meeting Minutes
August 8,2006
Page 2
Public Hearing and Recommendation to Citv Council:
Petition LDR-05-08:LDR Text Amendment-Development Name and Address Standards (to
be continued to August 22,20061
Public Hearing and Recommendation to City Council: A City-initiated amendment to the
City’s Code of Ordinances by amending Chapter 78, “Land Development,” as it relates to
addresses, subdivision names, street names, and the Addressing Committee.
Chair Kunkle declared the public hearing open. Hearing no comments from the public, Chair
Kunkle called for a motion to continue.
MOTION:
Mr. Solomon made a motion to continue the public hearing for Petition LDR-05-08 to a
date certain of August 22, 2006. Mr. Pennell seconded the motion, which carried by
unanimous 7-0 vote.
Public Hearing and Recommendation to Citv Council:
LDR-06-06-000004: LDR Text Amendment Section 78-221: PGA Boulevard Corridor
Overlav (Continued from June 27,2006)
Public Hearing and Recommendation to City Council: A City-initiated request for
approval of a text amendment to Section 78-221, PGA Boulevard Corridor Overlay, Code
of Ordinances. This City Code amendment provides for the approval of changes to the
boundaries of the PGA Boulevard Corridor Overlay, standards for existing approvals,
rezoning requirements, and to the permitted and prohibited uses within.
Brad Wiseman, Growth Management Department, presented the staff report and reviewed
revisions since the last meeting, to gas stations, to boundaries, stand-alone drug stores, self
storage, and outdoor restaurant seating.
Chair Kunkle announced the public hearing remained open from the June 27, 2006 meeting.
Vito DeFrancesco, Shady Lakes, expressed his opinion that this would allow sidewalk
seating without association with a restaurant and that the comprehensive plan would have to
be changed. Mr. DeFrancesco commented that he did not hear a public benefit. Hearing no
further comments from the public, Chair Kunkle declared the public hearing closed.
Mr. Hansen commented the ability to have interaction both outside and inside added to the
excitement of a City and a Main Street did not have to be behind walls, and expressed his
opinion that outdoor seating was a public benefit. Mr. Solomon agreed with Mr. Hansen’s
comments, and with self storage. Mr. Solomon indicated he was bothered by gas stations not
being able to expand, and suggested language stating the edge of the closest right-of-way.
Mr. Solomon did not agree with boundaries being the entire Planned Unit Development or
Planned Community Development. He felt all property owners should be treated the same,
and noted this covered building is not visible fkom PGA Boulevard. Mr. Solomon suggested
clearer wording for drug store drive thru lanes. Mr. Rubins agreed with the gas station
changes, and wanted the language for drug stores to remain as suggested. Mr. Pennell
Planning, Zoning, and Appeals Board Meeting Minutes
August 8,2006
I Page 3 ---i- - - ~ ____ - - --
indicated he was comfortable that these things would not fiont on PGA and would be
handled on a case-by-case basis. Mr. Present commented the overlay had prevented problems
along PGA Boulevard and would continue to do so, and he was comfortable with the
changes.
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MOTION:
Mr. Present made a motion to recommend approval to City Council of Petition LDR-
06-06-000004. Mr. Rubins seconded the motion. Mr. Solomon requested an amendment
on the gas station non-expansion issue to make a limited exception for an existing gas
station that wanted to add additional space not in excess of 25% of the original parcel,
excluding additional pumps. During ensuing discussion Ms. Irwin indicated staff would
like to tie expansion to existing square footage and not the land. The amendment was
not accepted. The motion as originally stated carried 6-1 with Mr. Solomon opposed.
OLD BUSINESS
There was no old business to come before the board.
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I NEW BUSINESS
There was no new business to come before the board.
Planning, Zoning, and Appeals Board Meeting Minutes
August 8,2006
, Page 4
ADJOURNMENT
There being no further business, the meeting was adjourned at 7:11 p.m. The next regular
meeting will be held August 22,2006.
APPROVED:
Craig Kunkle, Jr., Chair
Barry Present, Vice Chair
Dennis Solomon
Randolph Hansen
Michael Panczak
Douglas Pennell
Amir Kanel
Debbie Andrea, Recording Coordinator for the Meeting
Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim
transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk.
Jonathan Rubins
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i Joy Hecht
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CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
Agenda Cover Memorandum
Date Prepared: August 16,2006
Meeting Date: August 22,2006
Ordinance 23,2006
Petition: LDR-05-08
SUBJECT/AGENDA ITEM
Petition LDR-05-08/0rdinance 23,2006: LDR Text Amendment - Development Name and Address
Standards
Public Hearing and Recommendation to City Council: A City-initiated amendment to the City’s Code of
Ordinances by amending Chapter 78, “Land Development,” as it relates to addresses, subdivision names,
street names, and the Addressing Committee.
[XI Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
City Attorney
Christine P. Tatum
Finance NIA
Growth Manage
Administrator
Kara Irwin
Approved By:
City Manager *
Ronald M. Ferris
Originating Dept.:
Growth Management:
Project .
Manager
Aries Page
GIS Manager
[ ] Quasi - Judicial
[XI Legislative
[XI Public Hearing
Advertised:
Date:
Paper: Palm Beach Post
[XI Required
Affected Parties:
[ ]Notified
[XI Not Required
FINANCE: NIA
Costs: $ NIA
Total
$ NIA
Current FY
Funding Source:
[ ] Operating
[XI Otherx
Budget Acct.#:
NIA
PZAB Action:
[ ]Approved
[ ] App. wl conditions
[ ]Denied ,
[ 3 Rec. approval
[ 3 Rec. app. wl conds.
[ 3 Rec. Denial
[ ] Continued to:
Attachments:
Ordinance 23,2006
Date Prepared: August 16,2006
Meeting Date: August 22,2006
Ordinance 23,2006
Petition: LDR-05-08
In July of 2000, the city added language to the Code of Ordinances providing for regulations regarding
addresses, subdivision names and street names. These were implemented in order to provide procedures
for new developments (commercial and residential) throughout the city. As time has gone on, the
standards for all three processes have developed not only through GIS (Geographic Information Science),
but Emergency Services (Police and Fire Rescue) as well. CPTED (Crime Prevention through
Environmental Design) as well as Fire Rescue concerns have also been included into the approval
process. City Staff has identified a need for clarification of the process and standards for identifying
names and addresses on city streets. Staff has also identified inconsistencies with address size and type
throughout the city and wishes to propose a method for these areas to come up to code.
Section 78-275, Code of Ordinances, entitled Addresses, is stated below:
All residential and nonresidential structures shall post the building address in a location conspicuous
from the adjacent public or private right-of-way. The size of residential address numbers shall not exceed
six inches in height. The size of nonresidential address numbers shall not exceed 12 inches in height, or as
otherwise approved by the growth management director based upon the specific height of the building to
which the numbers are attached.
Section 78-483, Code of Ordinances, entitled Subdivision Name, is stated below:
The proposed name of a subdivision shall not duplicate, closely resemble, or phonetically closely
@approximate the name of any other subdivision in the city. However, when an existing subdivision is
subdivided as an additional unit or section, the same name, differentiated by number or other means, may
be used.
Section 78-493, Code of Ordinances, entitled Street Names, is stated below:
(a) Duplications. Street names for a subdivision which will duplicate or be confused with the names of
existing streets in the city shall not be used. Street names which will duplicate or be confused with the
names of existing streets in future annexation areas as shown in the comprehensive plan shall not be
used.
(b) Extensions. New streets which are an extension of or in alignment with existing streets shall bear the
same name as the existing streets.
(c) Approval. All street names, street numbers, and address numbers shall be approved by the city and
post office prior to recording the final plat.
(d) Street signs. Street name signs are to be placed at all intersections within or abutting a subdivision.
The type and location of street signs are to be approved by the city engineer.
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Date Prepared: August 16,2006
Meeting Date: August 22,2006
Ordinance 23,2006
Petition: LDR-05-08
PROPOSED LANGUAGE
The proposed amendments to the City’s LDRs are as follows:
Section 78-28. Addressing Committee
(a) Establishment. There is hereby established the addressing committee, to consist of a representative
from the growth management department, specifically the GIS planner, the police department and the fire
department, and the growth management administrator. The growth management administrator shall serve
as chair of the committee.
(b) The committee shall have the following responsibilities:
(1) Review and approve address plans, street names, and subdivision names for developments;
(2) Ensure that approved address plans are consistent with the requirements of the city’s
comprehensive plan and land development regulations;
(3) Provide specific comments regarding consistency of addresses, street names and
subdivisions with the requirements detailed in the city’s addressing guidelines; and
(4) Provide specific recommendations for changes if an addressing plan is not consistent with
applicable requirements
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Section 78-275. Addresses
All residential and nonresidential structures shall post the building address in a location
fmxykww viewable and unobstructed from the adjacent public or private right-of-way. Address
numbers and letters shall be contrasting color to the background to which they are attached, must be
visible at all times’and must be illuminated for night time viewing. 5
The height of the address numbers and letters for a single family
home should be a minimum of six (6) inch numbers and letters. All other single story properties shall use
a minimum height of twelve (12) inch numbers and letters. All suite numbers shall be a minimum height
of six (6) inches, unless such numbers and letters are illuminated in which case a minimum height of four
14) inch numbers and letters may be used. All nonresidential buildings greater than one story shall use
address numbers and letters no smaller than 12 inches and no larger than 16 inches in height,
..
PIV uln
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addressing committee based upon specific height of the building to which
the numbers and letters are attached.
*****
Section 78-483, Subdivision Name. I
. .. (aJ Duplication. 7 ef $ 0 I
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Date Prepared: August 16,2006
Meeting Date: August 22,2006
Ordinance 23,2006
Petition: LDR-05-08
legally known. For the purpose of this section, that name is the “subdivision name.” The subdivision
name shall not be the same or in any way so similar to any name appearing on any recorded plat within
the city or one mile of the city boundary as to confuse or mislead the public as to the identity of the
subdivision, except when the subdivision is further divided as an additional unit or section by the same
developer or the developer’s successors in title.
(b) Approval. Subdivision names shall be approved by the addressing committee.
*****
Section 78-493. Street Names
(a) Duplication. Street names for a subdivision which will duplicate or be confused with the names of
existing streets in the city shall not be used. Street names which will duplicate or be confused with the
names of existing streets in future annexation areas as shown in the comprehensive plan shall not be used.
(b) Extensions. New Streets which are an extension of or in alignment with existing streets shall bear
the same name as the existing streets. Each road shall have the same name throughout its entire length,
when feasible, as determined by the addressing committee.
(c) Approval. All street names, street numbers, and address numbers shall be approved by the city2
addressing committee and post office prior to recording the final plat.
(d) Street signs. Street name signs are to be placed at all intersections within or abutting a subdivision.
The type and location of street signs are to be approved by the city engineer.
*****
SUMMARY OF PROPOSED CHANGES
The changes proposed above will provide the City with stronger language as it refers to not only the
addressing committee, but the whole approval process as well. The proposed changes will allow for the
addressing committee to have the final approval for all addresses, subdivision and street names within the
city. The following is a summary of the specific code changes:
Addressing Committee
Creation of the addressing committee. This Committee; made up of the GIS planner, Fire Rescue and
Police, and the Growth Management Director, will take into account any issues or concerns with each
proposal. Its purpose is to review (through approval or denial) all addressing plans, subdivision names and
street names for compliance with life safety and current guidelines and regulations. This is a process
which staff follows today but is not within the current code of ordinances. 0 Addresses
Must be contrasting in color to building, illuminated for nighttime viewing. Residential single family
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Date Prepared: August 16,2006
Meeting Date: August 22,2006
Ordinance 23,2006
Petition: LDR-05-08
address numbers should be a minimum of six (6) inches. All other properties shall be minimum twelve
O(W inches. All suite numbers shall be minimum height six (6) inches unless illuminated. (four (4) inch
minimum) All nonresidential buildings greater than one story shall be a minimum of twelve (12) inches in
height but no larger than 16 inches.
Subdivision
There shall be no duplication in subdivision name appearing on any recorded plat within the city or one
mile of the city boundary. All proposed subdivision names will be reviewed based upon this addition. No
current narnes will be changed by this addition. All proposed subdivision names must be approved by the
Addressing Committee.
Street Names
When extending a roadway within the city, the road shall have the same name carried throughout its
length. All street names shall be approved by the Addressing Committee.
PLANNING ZONING AND APPEALS BOARD
During the June 27th PZAB meeting, the Board was concerned with the changes to the addresses as well
as the method for updating the entire city to the new code. Since this is a life safety issue, staff wants to
correct the problem and allow for a reasonable time for residents to comply. The board did not like the
proposed address height for nonresidential buildings greater than one story (1 6 inches), nor did they like
the fact that many residential areas would be placed in violation of code. The idea of reflective numbers
was brought up as well as a way around the illumination feature. 0
In response to these comments, staff is proposing to change the size requirements for nonresidential
buildings greater than one story. For these types of buildings, staff will allow the address to be a
minimum of 12 inches, but no larger than 16 inches. The address must also be placed no higher than the
ground level of the building.
Proposed Method of Addressing Non-Conformities
In order to address potential non-conformities, staff would like to propose a method that would allow all
residential areas to come into compliance with the code. Rather than create a non-conformity and
potential enforcement issue, staff would like to approach this issue by using funds to purchase numbers
for residents to place on their homes. Safety within the city is a major concern for staff and it is very
important to have an address which is recognizable and easy to find in case of an emergency. Once these
numbers have been purchased, staff would make them available for the public’to pick up and attach to
their building. If needed, citizens on patrol would be able to deliver the numbers as well as help in
attaching them. This would alleviate any cost to the resident and allow them to place the address near an
existing external fixture, thereby satisfying the illumination requirement. Staff feels that providing the
numbers for city residents promotes compliance with code and addresses PZAB’s concern with non-
conformity.
Other items that were brought up for discussion included the illumination factor. Ideas such as reflective
lights and solar powered numbers were brought into the discussion, but after speaking with Life Safety
and CPTED professionals, these items have been determined to not work well and were too costly for the
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Date Prepared: August 16,2006
Meeting Date: August 22,2006
Ordinance 23,2006
Petition: LDR-05-08
residents. Staffs hope is to provide the residents with the numbers purchased and have them place the
numbers near there external fixture. If they choose to, the resident can change there existing light to a
photocell, which is what life safety suggests, according to CPTED principles. As long as there is an
existing fixture where the address is located, the requirement has been satisfied.
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STAFF RECOMMENDATION
Staff recommends APPROVAL of Petition LDR-05-08/0rdinance 23,2006.
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Date Prepared: August 16,2006
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CITY OF PALM BEACH GARDENS, FLORIDA
ORDINANCE 23,2006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, AMENDING THE CITY
CODE OF ORDINANCES RELATED TO STREET NAMES
ENTITLED “ADDRESSING COMMITTEE”; AMENDING
AND ADDRESSES BY CREATING A NEW SECTION 78-28,
SECTION 78-275, ENTITLED “ADDRESSES”; AMENDING
SECTION 78-483, ENTITLED “SUBDIVISION NAME”; AND
AMENDING SECTION 78-493, ENTITLED “STREET
NAMES”; ALL OF CHAPTER 78, “LAND DEVELOPMENT”
OF THE CITY CODE OF ORDINANCES; PROVIDING FOR
CODIFICATION; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, there is a need to clarify the process and standards for identifying
names and addresses on city streets and city staff has initiated amendments to the City
Land Development Regulations to accomplish this purpose; and
WHEREAS, on I 2006, the Planning, Zoning and Appeals Board, the
duly constituted Land Development Regulations Commission for the City, conducted a
public hearing and recommended approval and adoption of the amendment to the City’s
Land Development Regulations; and c
WHEREAS, the City Council has determined the adoption of this Ordinance to be in
the best interest of the citizens and residents of the City of Palm Beach Gardens
NOW, THEREFOREl BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
SECTION I. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby creates Section 78-28, “Addressing
Committee;” amends Section 78-275, “Addresses;” amends Section 78-483, ‘Subdivision
Names;” and amends Section 78-493, “Street Names;” all of Chapter 78, “Land
Development” of City Code of Ordinances, to read as follows:
(Note, (I* *JJ indicates unchanged language omitfed for brevity.)
Section 78-28. Addressing Committee.
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Date Prepared: August 16,2006
Ordinance 23,2006
(a) Establishment. There is herebv established the addressinq committee, to consist of
a representative from the growth management department, specificallv the GIS
planner, the police department and the fire department, and the growth
management administrator. The growth management administrator shall serve as
chair of the committee.
(b) The committee shall have the following responsibilities:
(1 ) Review and approve address plans, street names, and subdivision names for
developments;
(2) Ensure that approved address plans are consistent with the requirements of
the citv's comprehensive plan and land development regulations;
(3) Provide specific comments reqarding consistency of addresses, street
names and subdivisions with the requirements detailed in the city's
addressinq guidelines; and
(4) Provide specific recommendations for chanqes if an addressing plan is not
consistent with applicable requirements.
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Section 78-275. Addresses.
All residential and nonresidential structures shall post the building address in a
location GWE@WCM viewable and unobstructed from the adjacent public or private right-
of-way. Address numbers and letters shall be contrastinq color to the background to which
they are attached, must be visible at all times and must be illuminated for niqht time
. The
heiqht of the address numbers and letters for a single family home should be a minimum of
six (6) inch numbers and letters. All other single story properties shall use a minimum
height of twelve (12) inch numbers and letters. All suite numbers shall be a minimum
heiqht of six (6) inches, unless such numbers and letters are illuminated in which case a
minimum height of four (4) inch numbers and letters may be used. All nonresidential
buildinqs greater than one story shall use address numbers and letters no smaller than 12
*. viewing. Tkwsizc cf $ -
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in heg& or as otherwise approved by the gtxwdh
addressing committee based upon specific height of the building to
which the numbers and letters are attached.
* * *
Section 78-483. Subdivision name.
2
Date Prepared: August 16,2006
Ordinance 23,2006
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... (a) Duplication. 7 cf ~, clm4-y
nr
I VI .. ... . .. .. *
shall be given a name bv which it shall be leqallv known. For the purpose of this section,
that name is the “subdivision name.” The subdivision name shall not be the same or in any
wav so similar to any name appearing on anv recorded plat within the city or one mile of
the city boundary as to confuse or mislead the public as to the identity of the subdivision,
except when the subdivision is further divided as an additional unit or section by the same
developer or the developer‘s successors in title.
lb) Approval. Subdivision names shall be approved by the addressinq committee.
* * *
Section 78-493. Street Names.
(a) Duplication. Street names for a subdivision which will duplicate or be confused
with the names of existing streets in the city shall not be used. Street names which will
duplicate or be confused with the names of existing streets in future annexation areas as
shown in the comprehensive plan shall not be used.
(b) Extensions. New streets which are an extension of or in alignment with existing
streets shall bear the same name as the existing streets. Each road shall have the same
name throughout its entire length, when feasible, as determined by the addressinq
committee.
(c) Approval. All street names, street numbers, and address numbers shall be
approved by the city’s addressing committee and post office prior to recording the final plat.
(d) Street signs. Street name signs are to be placed at all intersections within or
abutting a subdivision. The type and location of street signs are to be approved by the city
engineer.
* * *
SECTION 3. Codification of this Ordinance is hereby authorized and directed.
SECTION 4. This Ordinance shall become effective immediately upon adoption.
This portion intentionally left blank
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Date Prepared: August 16,2006
Ordinance 23,2006
PASS ED t h is day of , 2006, ulpon first reading.
PASSED AND ADOPTED this day of ,2006 upon
second and final reading.
CITY OF PALM BEACH GARDENS FOR
BY:
Joseph Russo, Mayor
Jody Barnett, Vice Mayor
Eric Jablin, Councilmember
David Levy, Councilmember
Hal R. Valeche, Councilmember
%
ATTEST:
BY:
Patricia Snider, CMC
City Clerk
APPROVED AS TO FORM AND
LEGAL SU FF BCE N CY
BY:
Christine Tatum, City Attorney
AGAINST ABSENT
4
CITY OF PALM BEACH GARDENS LOCAL PLANNING AGENCY
Agenda Cover Memorandum
Date Prepared: April 18,2006
Meeting Date: August 22,2006
Ordinance 18,19, & 20,2006
SubjecUAgenda Item: Bioscience Research Protection Overlay (BRPO)
CPTA-06-04-000002: Text Amendment to the Future Land Use Element (FLeJE)
CPTA-06-04-000003: Text Amendment to the Economic Development Element (EDE)
CPTA-06-04-000004: Text Amendment to the Intergovernmental Coordination Element (ICE)
Recommendation to City Council: A City-initiated request for text amendments to three separate elements of
the City’s Comprehensive Plan to create a Bioscience Research Protection Overlay. The amendments modify
the text of the Comprehensive Plan concurrent with a Future Land Use Map amendment to include a
Bioscience Research Protection Overlay (BRPO) encompassing properties included in the inventory of vacant
un-entitled, vacant entitled and existing properties that can accommodate Bioscience Uses within the City of
Palm Beach Gardens. The three (3) text amendments establish the policies that will apply within the proposed
overlay area.
[XI Recommendation to APPROVE
] Recommendation to I
City Attorney
Christine Tatum
Growth Management
Kara L. Irwin, AICP
Approved By:
Ronald M. Ferris
City Manager
:NY
Originating Dept.:
Growth Management:
Project
Manager
Kara L. Irwin
&
Action:
[ 3 Quasi-judicial
[ X ] Legislative
[ XI Public Hearing
~~
Advertised:
Date 08/12/2006
Papei Palm Beach Post
[ ] Not Requiied
Affected Parties:
[ ]Notified
[ XI Not Required
Finance:
costs: NIA -
Total
NIA ---
Current FY
Funding Source:
[ 3 Operating
[XI Other
Budget Acct.#:
NIA
LPA Action:
[ ]Approved
[ ] App. wl conditions
[ ] Denied
[ ] Continued to:
Attachments:
Public Notice . Data and Analysis
Revised FLUE
Ordinance 18,2006 . Revised EDE
Ordinance 19,2006
0 Revised ICE . Ordinance 20, 2006
Date Prepared: April 18, 2006
Meeting Date: August 22,2006
Ordinance 18, 19, & 20,2006
Page 2 of 14
BACKGROUND
On February 14, 2006, the County Commission designated the Abacoa FAU / Briger site as the
alternative site for the Scripps Florida development. In order to qualify as an alternative site, two
conditions had to be met: 1) a hundred acres with the potential for two (2) million square feet for
Scripps Florida and 2) additional opportunities for up to six (6) million square feet of available land
to accommodate the creation of a bioscience research /biotechnology industry cluster within a five
(5) mile radius of the Scripps Florida campus on the Abacoa FAU/ Briger site. Phase lof Scripps, or
365,000 square feet, will be located within the Town of Jupiter on 30 acres within the Abacoa FAU
campus. The remainder of the Scripps Florida program or 1.6 million square feet will be
accommodated on 70 acres of the Briger site within the City of Palm Beach Gardens. The property
owner of the Briger Tract donated thirty (30) acres to the County and is currently under contract to
sell the County an additional forty (40) acres, for a total of seventy (70) acres.
In order to accommodate the second condition, the City, in partnership with the Town of Jupiter, the
City of Riviera Beach, the Town of Lake Park, and the Town of Mangonia Park, provided an
inventory of properties that could be used for bioscience research / biotechnology users within their
respective boundaries. The inventory included vacant land without traffic entitlements, vacant land
with traffic entitlements, and existing development, which totaled approximately 5 1.9 million square
feet within a ten (1 0) mile radius of the proposed Scripps Florida campus. As part of the alternate
site proposal, each municipality committed to amend its respective comprehensive plan to create an
overlay that would provide for and encourage the cluster of the bioscience research /biotechnology
industry uses within its community.
On March 2,2006, the City approved an Interlocal Agreement, in alliance with the four north county
municipalities and Palm Beach County, to hlfill the commitment to provide assurances that the State
and County investment in Scripps, as a catalyst for econoinic development cluster in Palm Beach
County, could be realized. The Interlocal obligates the City to initiate amendments to the
Comprehensive Plan to establish a Bioscience Research Protection Overlay (BRPO) to protect those
lands which have been identified as appropriate for a bioscience research protection overlay.
The City has initiated three (3) text amendments and one (1) Future Land Use Map (FLUM)
amendment to the City’s Comprehensive Plan to create and apply a Bioscience Research Protection
Overlay (BRPO). The FLUM amendment will apply the overlay designation to specific properties,
while the text amendments to the Future Land Use Element (FLUE), the Economic Development
Element (ED), and the Intergovernmental Coordination Element (ICE) will establish the policies
relative to the application of the Overlay. The overall purpose of the Overlay is to reduce the
Date Prepared: April 18, 2006
Meeting Date: August 22, 2006
Ordinance 18, 19, & 20,2006
Page 3 of 14
possibility of lands available for bioscience research / biotechnology uses being converted to
residential and / or retail commercial uses and to make the land attractive for bioscience research /
biotechnology development.
In addition, the Interlocal Agreement requires the City to ensure the coordination of planning efforts
with the north county municipalities and Palm Beach County through participation on the Bioscience
Land Protection Advisory Board (BLPAB). The Board is made up of one member representing each
municipality, the County, and the State. The Interlocal requires that Future Land Use Map (FLUM)
amendments or rezonings that would be contrary to the purpose of the BRPO, be required to go
before the BLPAB for a recommendation prior to action being taken by the City Council.
SUMMARY OF CHANGES TO THE FUTURE LAND USE ELEMENT
The following Objective and Policies shall be added to the Future Land Use Element (strikethrough
deletions and underline additions):
Future Land Use Categories
*** ‘0 Density Reduction Land Use Overlay: A portion of the area commonly referred to as TAZ 848,
generally located north of PGA Boulevard, east of the Loxahatchee Slough and west of the SUA
wastewater treatment plant, is the subject of a land use overlay. The density within this Overlay is
reduced by fifty percent from the underlying land use designation’s potential density. This density
reduction is necessitated by the environmental constraints of the property and potential roadway
capacity deficiencies. The result of the density reduction is a gross density potential of two dwelling
units per acre. Development within the Overlay shall be concentrated to the least sensitive areas and
shall be supported by public facilities. No bonus density is applicable in this Overlay area. While a
variety of uses and use densitiedintensities may be approved as part of a residential PCD, the overall
impact of the density/intensity shall not exceed that generated by a gross density of two dwelling
units per acre. Other requirements and regulations of the Palm Beach Gardens Code of Ordinances
and Comprehensive Plan are applicable where not in conflict with the provisions of this Overlay.
In addition to presenting the Future Land use categories described above, the Future Land Use Map
also includes two transportation components. The Transportation Element of this Comprehensive
Plan provides further details on these components.
Bioscience Research Protection Overlay (BRPO): The area designated on the Future Land Use
Map includes land that has been determined to be appropriate to accommodate Bioscience research /
biotechnology uses, as well as other intellectual knowledge-based industry sectors. “Bioscience
--
Date Prepared: April 18, 2006
Meeting Date: August 22,2006
Ordinance 18, 19, & 20,2006
Page 4 of 14
uses ” means those land uses that support scientific and biotechnolopical research, including
theoretical and applied research in all the sciences, as well as product development and testing.
Bioscience Uses shall include engineering, legal, manufacturing, and marketinp uses which support
such research. Bioscience Uses shall also include laboratories, educational facilities, and clinical
research hospitals. Office uses, limited support uses, and retail uses accessory to scientific research
and development, and workforce residential uses which support such research shall be considered
Bioscience Uses. City Council shall have the discretion to approve uses that support sustainability or
uses that provide supportive or secondarv services that are determined to promote the creation of the
cluster, which shall be considered accessory uses, including, but not limited to conferencehotel
facilities, transit uses, or residential uses that provide a workforce or attainable component.
***
Objective 1.2.: The Citv shall create a Bioscience Research Protection Overlay (BFWO) for the
purpose of promoting Bioscience Uses and deterring the conversion of those uses to
commercial or residential uses.
Policy 1.2.1.1.: Biosciences Uses shall be permitted and encouraged within the BRPO. The City
shall adopt and maintain land development regulations which encourage Bioscience Uses. The uses
prohibited within the BRPO are those uses prohibited in the underlying land use designation,
excluding those uses set forth in the Bioscience Use definition. The BRPO does not limit the uses
currently allowed consistent with the property’s existing land use designation and zoning designation
including uses allowed pursuant to planned development approvals and development of regional
impact approvals.
‘a
Policy 1.2.1.2.: The Bioscience Research Protection Overlay (BRPO) shall be depicted upon the
City’s Future Land Use Map and the City’s Official Zoning Map.
Policv 1.2.1.3.: The City shall encourage Bioscience Uses within the BRPO to achieve, in
coordination with the County and adiacent municipalities, clustering of Bioscience Uses and thus
promote intellectual exchange among researchers, scientists, students and others in the Bioscience
industry workforce.
Policy 1.2.1.4.: The City shall adopt and maintain land development regulations that provide
incentives for Bioscience development and encourage a predominance of Bioscience Uses to develop
a cluster of the industry within the BRPO.
Policy 1.2.1.5.: The land use designation of parcels of land within the BRPO may not be changed to
eliminate Bioscience Uses without the vote of four members of the Palm Beach Gardens City
Date Prepared: April 18, 2006
Meeting Date: August 22, 2006
Ordinance 18, 19, & 20,2006
Page 5 of 14
Council. The City shall adopt and maintain land development regulations that do not permit
rezoning of lands within the BRPO that would eliminate Bioscience Uses without the vote of four
members of the Palm Beach Gardens City Council. The limitation on conversion of uses does not
apply to permitted, conditional, and approved uses allowed in a planned development and/or
development of regional impact. Nothing in this policy shall be interpreted to abrogate rights that
have been vested under law for uses that are not Bioscience Uses. The City land development
regulations shall establish an administrative process to review claims of vested riphts under this
policy.
Staff Comment:
The objective and policies proposed create an overlay area intended to secure, provide opportunities
for andpromote Bioscience research /biotechnology uses within specijic City parcels that currently
have the appropriate land-use and zoning designations to accommodate such uses. The policies also
discourage the conversion of land-use designations to commercial or residential land-use
designations. The designated parcels shall be developed according to their future and existing
designations, but opportunities within those developments for Bioscience research /biotechnology
users shall be encouraged by the City through economic development incentives incorporated into
the City’s Land Development Regulations (LDRs) as required by the language proposed for the
City’s Comprehensive Plan.
I.
The creation of the Overlay furthers the City ’s commitment to secure andpreserve opportunities for
a Bioscience research /biotechnology industry cluster within close proximity to the master campus
of Scripps Florida on the Abacoa FAU / Briger site. The State committed to provide funding for
Scripps Flovida with the intent of securing a strong economic development future for the State. This
vision included Scripps Florida as a catalyst.for a cluster of 8,000,000 square feet ofBioscience
research /biotechnology and accessory or ancillary uses to accommodate up to 40,000 high paying
jobs in Florida. The Comprehensive Plan is the City’s strongest legislative safeguard to ensure the
City maintains the opportunities to accommodate the State’s economic development vision.
SUMMARY OF CHANGES TO THE ECONOMIC DEVELOPMENT ELEMENT
The following Policies shall be added to the Economic Development Element (strikethrough
deletions and underline additions):
Objective 13.1.1.: Balanced and Diversified Economy
Palm Beach Gardens shall maintain and expand a diversified economy by encouraging growth
in targeted cluster industries that provide high-wage employment and complement changing
economic conditions by supporting existing businesses and by retaining and improving
resource-based sectors, such as tourism, retirement, and recreation.
Date Prepared: April 18,2006
Meeting Date: August 22, 2006
Ordinance 18, 19, & 20,2006
Page 6 of 14
Policy 13.1.1.1.: The City shall continue to attract industries and employers in cluster industries such
as biotechnology, communications, information technology, medical products, marine biology,
aerospace research, and associated ancillary businesses. t
Policy 13.1.1.2.: The City shall assist the retention and growth of existing businesses within the City,
particularly those that provide high-wage employment or that support or complement those
employment sectors.
Policy 13.1.1.3.: The City shall conserve and enhance the natural and recreational resources that
provide the foundation of the City's retirement, recreation, and tourist based economic sectors.
Policy 13.1.1.4.: The City shall allocate adequate commercial, industrial, and residential acreage
through mechanisms such as zoning and land use plans to meet future needs of a diversified
economy.
Policy 13.1.1.5.: The City shall monitor and report annual economic growth regarding increases in
the employment and average wages for targeted industries.
Policy 13.1.1.6.: The City shall maintain and develop programs to encourage and facilitate the
expansion and relocation of target industries in the City, including, but not limited to:
'0
Implement a targeted expedited permitting program for companies that are expanding
operations or moving into the City so that value-added employment may be created at a faster
pace; and
Continuing to review land development processes to determine where opportunities for
streamlining the approval process can be accomplished; and
Continuing to work with the Office of Tourism, Trade and EconomicDevelopment to facilitate
expedited review of qualifying projects; and
Continuing to improve working relationships between government and the business
community and support the economic development efforts of private organizations.
Policy 13.1.1.7.: The City shall adopt and maintain land development regulations that provide
incentives for the development of Bioscience Uses (as defined in the Future Land Use Element) and
encourage the clustering of those uses within the City and particularly within the BRPOL ,
t'
Date Prepared: April 18,2006
Meeting Date: August 22,2006
Ordinance 18, 19, & 20,2006
Page 7 of 14
Policv 13.1.1.8.: The City shall ensure that an adequate amount of land is designated and zoned to
categories that permit Bioscience Uses.
Staff Comment:
This proposed text amendment recognizes the importance ofproviding opportunities for a divers8ed
tax base that promotes a strong economic environment within the City andprovides a job base for
residents. Sound planning practices strive to create sustainability within the community, which
incorporate all of the elements of living, working, playing, and learning. Currently, the City’s land-
use base is pre-dominantly residential (46%) and conservation (35%), which places a heavy burden
on residential taxpayers to maintain all of the City’s level of service standards. The City-wide
economic development initiative to diversifi the City’s tax base recognizes the need to provide more
value-added employment opportunities within the City. By creating this economic climate, the City
will be able to better maintain its existing services and facilities, while not depending solely on
property tax increases to provide for the consistent delivery of quality services.
Currently, the City has a high percentage of residential uses and is in need of those land-uses
recognized by the Economic Development Element that will provide value-added employment. The
proposed Overlay will provide the opportunity to realize the goal of economic stability by providing
incentives to develop those uses that are economic generators.
The goal of the Economic Development Element is to achieve a balanced and diversiJied economy
compatible with the built environment. The proposed text amendment will advance this goal by
providing incentives for Bioscience research /biotechnology uses, thereby encouraging economic
development within the City.
‘e
SUMMARY OF CHANGES TO THE INTERGOVERNMENTAL COORDINATION
ELEMENT (ICE)
The following Policies shall be added to the Intergovernmental Coordination Element (ICE)
(strikethrough deletions and underline additions):
Objective 8.1.6.: To coordinate planning efforts with the Town of Jupiter, the City of Riviera
Beach, the Town of Lake Park, the Town of Mangonia Park, and Palm Beach County (the
“North Palm Beach County Partners”) in order to jointly identify land parcels in Northern
Palm Beach County which will provide opportunities for the development of Bioscience Uses
las defined in the Future Land Use Element) and to discourage changes to the zoninv and land
use designations of those parcels that would eliminate Bioscience Uses.
Policv 8.1.6.1.: Develop a unified vision in coordination with the North Palm Beach County
Partners and assign a Bioscience Research Protection Overlay (BRPO) to land parcels within the City
Date Prepared: April 18,2006
Meeting Date: August 22, 2006
Ordinance 18, 19, & 20,2006
Page 8 of 14
in order to provide opportunities for Bioscience Uses as defined in the Future Land Use Element.
The City’s BRPO, in combination with the BRPOs within the North Palm Beach County Partners
shall be utilized to provide opportunity for a minimum 8,000,000 square feet Bioscience Use cluster
in North County.
Policy 8.1.6.2.: The City shall provide the North Palm Beach County Partners with all reports, data
and analyses utilized in assinning the Bioscience Research Protection Overlay (BRPO) to a particular
site or upon which the City has relied in defining the area of the BRPO.
Policy 8.1.6.3.: To assure cooperation with the County and the North Palm Beach County Partners,
the City shall enter into such Interlocal Agreements as are necessary to ensure the protection of
Bioscience Uses within the BRPO.
Staff Comment:
The proposed text amendment to the Intergovernmental Coordination Element (ICE) of the City ’s
Comprehensive Plan provides for further assurance to the City, the other participating
municipalities, the County, and the State that the North County commitment to ensure the
development of a Bioscience research / biotechnology cluster will be maintained, The proposed
policies relate to the Bioscience Land Protection Advisory Board and the City’s participation in the ‘0 Board’s future actions.
In addition, the objective unites all of the participating municipalities in ensuring the vision of
creating a Bioscience research / biotechnology industry cluster within the North County.
CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN
CONSISTENCY WITH EXISTING GOALS, OBJECTIVES AND POLICIES WITHIN THE
CITY’S COMPREHENSIVE PLAN
The proposed text amendments create the Bioscience Research Protection Overlay (BRPO)
which are consistent with the Goals, Objectives, and Policies of the City’s adopted
Comprehensive Plan. An example of some of the goals, objectives and policies that are
consistent with and furthered by the proposed amendment, are listed below.
Economic Development Element:
GOAL 13.1.: THE ECONOMIC GOAL OF THE CITY OF PALM BEACH GARDENS IS TO
ACHIEVE A BALANCED AND DIVERSIFIED ECONOMY WHICH IS COMPATIBLE WITH
THE CITY’S QUALITY BUILT ENVIRONMENT AND PROTECTS IMPORTANT NATURAL
Date Prepared: April 18,2006
Meeting Date: August 22, 2006
Ordinance 18, 19, & 20,2006
Page 9 of 14
RESOURCES.
Staff Comment:
On January 6, 2005 the City Council adopted the Economic Development Element. The Element
signals the City's commitment to successful economic development. During 2005, the City also
initiated a land-use amendment to the Brigerparcelfrom Commercial (C) and Residential Low (i)
to Mixed- Use (MXD) in order to provide further opportunities in the City for economic development.
The Brigerparcel is the last large parcel east of the City's Urban Growth Boundary.
The goal of the Economic Development Element is to achieve a balanced and diversiJied economy
compatible with the built environment. The proposed map and text changes will advance this goal
by promoting Bioscience research /biotechnology uses on the last remaining un-entitled vacant site,
entitled sites, and existing sites east of the City's Urban Growth Boundary that are available and
appropriate for these uses. Currently, the City has a high percentage of residential uses and is in
need of those land-uses recognized by the Economic Development Element that will provide value-
added employment. The proposed map and text changes will provide the opportunity to realize the
goal of economic stability by encouraging those uses that are economic generators.
Policy 13.1.1.1.:The City shall continue to attract industries and employers in cluster industries such
as biotechnology, communications, information technology, medical products, marine biology,
aerospace research, and associated ancillary businesses.
'0
Staff Comment:
The proposed overlay promotes science and biotechnology research, engineering and manufacturing
such as laboratories, educationalfacilities and clinical reseavch hospitals, Reseavch & Development
and their accessory uses. The availability of sites within the City that can currently accommodate
these uses is limited because most ofthe City is built-out east of the Urban Growth Boundary.
Creating the Overlay willpvovide assurances that the available pavcels will be secured for economic
development in light of the current market pressure to redesignate non-residential land to
residential.
Future Land Use Element:
Objective 1.1.5.: Future growth, development, and redevelopment shall be directed to areas as
depicted on the Future Land Use Map, consistent with: sound planning principles; minimal natural
limitations; the goals, objectives, and policies contained within this Comprehensive Plan; and the
desired community character.
Staff Comment:
Date Prepared: April 18,2006
Meeting Date: August 22, 2006
Ordinance 18, 19, & 20,2006
Page 10 of 14
A more diversijed and sustainable economy is part of the City’s desired community character. In
creating a sound economic climate, the City will be able to better maintain its existing services and
facilities, while not depending solely on property tax increases to provide for the consistent delivery
of quality services. The overlay is on properties located east of the Urban Growth Boundary and
will not require extending City services outside of the established urban service boundary.
Except for the remainder of undeveloped industrial use in PGA National PCD, all parcels
designated within the Overlay are located east of the Ronald Reagan Turnpike, which is part of the
“Eastward Ho! ’’ urban corridor, which is generally located parallel to Interstate 95 in a one-to-
two-mile wide corridor that includes the area between the Florida East Coast (FEC) and Seaboard
Coast (CSX) rail lines. The Eastward Ho! initiative promotes in-Jill and sustainable development
within the urban corridor to encourage revitalization that facilitates future growth without further
compromising or degrading the environment and the economic sustainability of the region. The
proposed amendments to the comprehensive plan are consistent with the Eastward Ho!
recommendations, which are based on sound planning principles that promote economic
sustaina bility.
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 expand the economic base of the City by promoting
economic development through incentives for Bioscience research / biotechnology users to
development on the properties designated sites within the Overlay. The Overlay will promote light
industrial activities marketed toward Research and Development within the City’s Urban Growth ,
Boundary, so that the cost of extending public utilities and sewices are significantly reduced,
thereby stimulating economic growth.
(0
CONSISTENCY WITH PALM BEACH COUNTY COMPREHENSIVE PLAN
The proposed amendments are consistent with the overall Economic Development Goals and
Objectives within the Palm Beach County Comprehensive Plan as demonstrated by the
following listed examples from that Plan:
Goal 1. Balanced and Diversified Economy
The economic GOAL of Palm Beach County is to create a balanced and diversified economy. A
balanced and diverse economy will encourage growth that provides viable employment opportunities
Date Prepared: April 18,2006
Meeting Date: August 22, 2006
Ordinance 18, 19, & 20,2006
Page 11 of 14
for present and future residents, while supporting land-use policies which protect and improve the
quality of the natural and manmade environment.
Staff Comment:
The proposed amendments are consistent with Palm Beach County’s goal to achieve a balanced and
diverse economy and viable employment opportunities. As a direct result of the proposed Overlay,
opportunities for value-added employment will be available to attract industry to Palm Beach
County. As the industry develops, spin-offcompanies in similar industries will likely desire to locate
adjacent to the established development. As these industries develop, an industry “cluster” will be
created unique to the area, which is consistent with the County’s Comprehensive Plan.
Objective 1.1. Balanced Economic Growth Implementation
Palm Beach County shall maintain and expand a diversified economy by:
***
2. encouraging growth in cluster industries, presently defined as communications and information
technology, medical products, agriculture and food processing, business and financial services,
aerospace and engineering, tourism, recreation and entertainment, and other emerging cluster
industries which complement changing economic conditions, and other high paying job sectors, and
small businesses, as set forth in Objectives 1.2 and 1.4;
(0
Staff Comment:
The proposed amendments will provide incentives.for the development of uses within the Research
and Development industry, science and biotechnology research, engineering and manufacturing
such as laboratories, educational facilities and clinical research hospitals and their accessory uses.
The jobs created by the industry will be high paying and will stimulate signijkant economic growth
within the region.
CONSISTENCY WITH THE STRATEGIC REGIONAL POLICY PLAN
The proposed land-use 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 3.6 - Diversification of the year-round economy and establishment of an
economic climate that will allow the Region to compete effectively in the global economy.
Staff Comment:
, (@
Date Prepared: April 18,2006
Meeting Date: August 22, 2006
Ordinance 18, 19, & 20,2006
Page 12 of 14
The proposed amendments are consistent with this Regional Policy goal by providing opportunities
and incentives that attract Bioscience research /biotechnology industries to designated sites, thus
promoting an economic climate that will allow the Region to compete effectively in the global
economy.
CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN (CHAPTER 187, Florida
Statutes)
The proposed land-use amendment is consistent with the overall State Comprehensive Plan.
The following State Goals and Policies are specific examples of that consistency:
Land Use - In recognition of the importance of preserving the natural resources and enhancing the
quality of life of the state, development shall be directed to those areas which have in place, or have
agreements to provide, the land and water resources, fiscal abilities, and service capacity to
accommodate growth in an environmentally acceptable manner; enhance the livability and character
of urban areas through the encouragement of an attractive mix of living, working, shopping, and
recreational activities.
Staff Comment:
The proposed Overlay designation is spec fically designed to encourage development on parcels
within the City's Urban Growth Boundary (UGB), which are important inJill development sites
within the City. The land-use amendment is therefore consistent with the StateS goal to direct
growth to areas that have urban services that can accommodate growth in a fiscally and
environmentally acceptable manner, and is consistent with the State 'spolicy to encourage a mixture
of uses to enhance the livability and character of a community.
'@ .
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 amendments are consistent with the State's public facilities goal as the inventoried and
designatedproperties are all located within the Seacoast Utility Authority (SUA) service area, and it
has indicated that theve is suficient capacity to service the development of the entitledparcels, as
well as the un-entitled parcel, the Briger Tract. The provision of water and sewer services thus will
be accomplished in a timely, ordevly and eficient manner as the parcels aye ultimately developed.
In addition, transportation systems, police services, fire-rescue services, and solid waste services do
not require extension outside the established Urban Growth Boundary (UGB), but will be extended
to sites completely surrounded by existing development and established infrastructure.
Date Prepared: April 18,2006
Meeting Date: August 22, 2006
Ordinance 18, 19, & 20,2006
Page 13 of 14
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 Overlay is consistent with the State’s transportation goal in that the designated
parcels are in close proximity to take full advantage of the existing location of Interstate Highway
95, the Ronald Reagan Turnpike, and other thoroughfares. As the vacant parcels develop, better
provisions for pedestrian access and mass transit can be encouraged, such as pedestrian walkways
and multi-modal transportation. Furthermore, the proposed Tri-rail station at the Abacoa DRI
(Town of Jupiter) and Parcel 5B (City of Palm Beach Gardens) will provide a close light rail node
that can be included within a public transit system to service the parcels within the Overlay.
The Economy - Florida shall promote an economic climate which provides economic stability,
maximizes job opportunities, and increased per capita income for its residents.
Staff Comment:
The proposed amendments will provide for greater opportunities and incentives to create a more
sustainable economic climate for the City and ,for Palm Beach County in general. Bioscience
research /biotechnology uses have been consistently identiJied by the Palm Beach County Business
Development Board and the City’s Economic Development Advisoiy Board as a key use for
fostering long term, value-added employment. The proposed Overlay designation will provide the
opportunity to attract a desirable industry, in addition to related venture capitalist investments,
biotech industries, pharmaceutical companies, post-secondary educational organizations, and other
similar industries, which will contribute to a healthy economy,
INTERNAL CONSISTENCY OF PROPOSED CONCURRENT AMENDMENT
The proposed FLUE, ED, & ICE amendments are internally consistent. The changes
described below demonstrate the internal consistency between the proposed Future Land Use
Map amendment and the FLUE text amendment to the City’s Comprehensive Plan.
Future Land Use Map Amendment
The City has initiated a request for a land use map amendment to apply the Bioscience Research
Protection Overlay to specific properties within the boundaries of the City.
This proposed City-initiated petition is based-on the City Council’s participation in an Interlocal with
Palm Beach County and four other municipalities to protect land for Bioscience Uses.
Date Prepared: April 18,2006
Meeting Date: August 22, 2006
Ordinance 18, 19, & 20,2006
Page 14 of 14
Future Land Use Element Text Amendment - Bioscience Mixed-Use Land Use
The Future Land Use Element (FLUE) text amendment is to create land-use category to
accommodate and encourage the development of Bioscience research / biotechnology uses within
the City of Palm Beach Gardens.
The proposed amendment supports and does not conflict with the proposed Overlay amendments.
The proposed amendment provides for the ability to develop a mixed-use planned unit development
that is pre-dominantly Bioscience and supportive uses.
NEARBY LOCAL GOVERNMENT COMMENTS/OBJECTIONS:
On July 23,2006, the Palm Beach County Intergovernmental Plan Amendment Review Committee
(IPARC), the Town of Jupiter, the City of Riviera Beach, the Town of Lake Park, the Town of
Mangonia Park and Palm Beach County were notified of the proposed amendments. No objections
were raised through the IPARC process, which is the agreed upon process for intergovernmental
cooperation within Palm Beach County. (0 STAFF RECOMMENDATION:
Staff recommends APPROVAL of the Future Land Use Element (FLUE), Economic Development
Element (ED), and Intergovernmental Coordination Element (ICE) text amendments based on the
following findings of fact:
The proposed text amendments are consistent with the existing Goals, Objectives and
Policies of the City’s Comprehensive Plan;
The proposed text amendments are consistent with the existing Goals, Objectives and
Policies of the Treasure Coast Regional Council Strategic Policy Plan; and
The proposed text amendments further the goals of the City’s Economic Development
Element, which encourage and initiate proactive efforts to expand the economic base of the
City in order to provide for value-added employment opportunities to residents so that the
City develops into a sustainable community where residents can live, work, learn and play.
0
Staff recommends APPROVAL of Ordinance 1 8, 2006, Ordinance 19, 2006, and Ordinance 20,
2006, which provide for the adoption of the proposed Future Land Use Element (FLUE), Economic
Development Element (ED), and Intergovernmental Coordination Element (ICE) text amendments to
the City’s Comprehensive Plan.
SUPPORT DATA AND ANALYSIS
1. Analysis
2. Bioscience Overlay Property Descriptions
3. Interlocal for Three Million Dollars ($3,000,000.00)
Resolution 27,2006
Resolution 29, 2006
PBG Interlocal for Bioscience Land Protection Advisory Board
Resolution 34, 2006
Palm Beach County MOO6 - 05 12
4.
ANALYSIS
CITY OF PALM BEACH GARDENS COMPREHENSIVE PLAN
FUTURE LAND USE ELEMENT
ECONOMIC DEVELOPMENT ELEMENT
INTERGOVERNMENTAL COORDINATION ELEMENT
The proposed Future Land Use Element (FLUE), Economic Development Element (ED),
and Intergovernmental Coordination Element (ICE) amendment are consistent with
overall intent of the Goals, Objectives, and Policies within the City’s adopted
Comprehensive Plan. An example of some of the goals, objectives and policies, which are
consistent with and furthered by the proposed amendments, are listed below.
Economic Development Element:
GOAL 13.1.: THE ECONOMIC GOAL OF THE CITY OF PALM BEACH GARDENS IS TO
ACHIEVE A BALANCED AND DIVERSIFIED ECONOMY WHICH IS COMPATIBLE
WITH THE CITY’S QUALITY BUILT ENVIRONMENT AND PROTECTS IMPORTANT
NATURAL RESOURCES.
Staff Comment:
On January 6, 2005 the City Council adopted the Economic Development Element. The Element
signals the City’s commitment to successful economic development. During 2005, the City also
initiated a land-use amendment to the Briger parcel from Commercial (C) and Residential Low
(E) to Mixed-Use (MD) in order to provide fuither opportunities in the City for economic
development. The Briger parcel is the last large parcel east of the City’s Urban Growth
Boundary.
(0
The goal of the Economic Development Element is to achieve a balanced and diversijkd
economy compatible with the built environment. The proposed map and text changes will
advance this goal by promoting Bioscience research / biotechnology uses on the last remaining
un-entitled vacant site, entitled sites, and existing sites east of the City’s Urban Growth
Boundary that are available and appropriate for these uses. Currently, the City has a high
percentage of residential uses and is in need of those land-uses recognized by the Economic
Development Element that will provide value-added employment. The proposed map and text
changes will provide the opportunity to realize the goal of economic stability by encouraging
those uses that are economic generators.
Policy 13.1.1.1.:The City shall continue to attract industries and employers in cluster industries
such as biotechnology, communications, information technology, medical products, marine
biology, aerospace research, and associated ancillary businesses.
Comprehensive Plan Amendments
2006 Round 2 1 Data and Analysis
Staff Comment:
The proposed overlay promotes science and biotechnology research, engineering and
manufacturing such as laboratories, educational facilities and clinical research hospitals,
Research & Development and their accessory uses. The availability of sites within the City that
can currently accommodate these uses is limited because most of the City is built-out east of the
Urban Growth Boundary. Creating the Overlay will provide assurances that the available
parcels will be secured jor economic development in light oj the current market pressure to re-
1. ., . .. 1 .. * I designate nOn-reSidential land to residential.
Future Land Use Element:
Objective 1.1.5.: Future growth, development, and redevelopment shall be directed to areas as
depicted on the Future Land Use Map, consistent with: sound planning principles; minimal
natural limitations; the goals, objectives, and policies contained within this Comprehensive Plan;
and the desired community character.
Staff Comment:
A more diversi9ed and sustainable economy is part of the City’s desired community character.
In creating a sound economic climate, the City will be able to better maintain its existing
services and facilities, while not depending solely on property tax increases to provide for the
consistent delivery of quality services. The overlay is on properties located east of the Urban --
Growth Boundary and will not require extending City services outside of the established urban
service boundary.
All parcels designated within the Overlay are located east of the Ronald Reagan Turnpike, which
is part of the “Eastward Ho! ” urban corridor, which is generally located parallel to Interstate
95 in a one-to-two-mile wide corridor that includes the area between the Florida East Coast
(FEC) and Seaboard Coast (CSX) rail lines. The Eastward Ho! initiative promotes in-fll and
sustainable development within the urban corridor to encourage revitalization that facilitates
.future growth without further compromising or degrading the environment and the economic
sustainability of the region. The proposed amendments to the comprehensive plan are consistent
with the Eastward Ho! recommendations, which are based on sound planning principles that
promote economic sustainability.
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 fulJills the objective to expand the economic base of the City by
promoting economic development through incentives for Bioscience research / biotechnology
users to development on the properties designated sites within the Overlay. The Overlay will
promote light industrial activities marketed toward Research and Development within the City’s
Comprehensive Plan Amendments
2006 Round 2 2 Data and Analysis
Urban Growth Boundary, so that the cost of extending public utilities and services are
sign$cantly reduced, thereby stimulating economic growth. @
Staff Comment:
The objective and policies proposed create an overlay area intended to secure, provide
opportunities for and promote Bioscience research / biotechnology uses within- specipc City
parcels that currently have the appropriate land-use and zoning designations to accommodate
such uses. The policies also discourage the conversion of land-use designations to commercial
or residential land-use designations. The designated parcels shall be developed according to
their future and existing designations, but opportunities within those developments for
Bioscience research / biotechnology users shall be encouraged by the City through economic
development incentives incorporated into the City’s Land Development Regulations (LDRs) as
required by the language proposed for the City ’s Comprehensive Plan.
The creation of the Overlay furthers the City’s commitment to secure and preserve opportunities
for a Bioscience research / biotechnology industry cluster within close proximity to the master
campus of Scripps Florida on the Abacoa FAU / Briger site. The State committed to provide
funding for Scripps Florida with the intent of securing a strong economic development future for
the State. This vision included Scripps Florida as a catalyst for a cluster of 8,000,000 square
feet of Bioscience research / biotechnology and accessory or ancillary uses to accommodate up
to 40,000 high paying jobs in Florida. The Comprehensive Plan is the City’s strongest
legislative safeguard to ensure the City maintains the opportunities to accommodate the State’s
economic development vision.
Future Land Use Element: (
Policy 1.1.1.1.: The City shall continue to maintain land development regulations to ensure that
they contain specific and detailed provisions intended to implement the adopted Comprehensive
Plan, and which as a minimum:
a. though h. omitted for brevity
h. Discourage urban sprawl through the following strategies:
(1) Establishing moderate densities and varied housing opportunities in urban areas
(2) Mixed-use and clustering requirements
(3) Promoting urban infill development and redevelopment
(4) Locatlional requirements
(5) Establishing an urban growth boundary and distinct urban and rural service areas
(6) Directing public investment to existing urban areas, and
(7) Annexation and extraterritorial planning agreements.
Staff Comment:
The proposed text amendments will provide the foundation to create incentive programs for
economic development, which will direct development to specified areas within the City east of
the Urban Growth Boundary (UGB). It also incourages injll development within the City that
Comprehensive Plan Amendments
2006 Round 2 3 Data and Analysis
Y
will include housing opportunities and research and development employment in an urban area..
Through application of the proposed language, the City will promote value-added employers
within the City, and accordingly support and promote the interaction with the existing
surrounding land uses.
'e
Objective 1.1.5.: Future growth, development, and redevelopment shall be directed to areas as "
depicted on the Future Land Use Map, consistent with: sound planning principles; minimal
natural limitations; the goals, objectives, and policies contained within this Comprehensive Plan;
and the desired community character. ,,
Staff Comment: ,
The proposed text amendments are consistent with overall intent of the Goals, Objectives 'and
Policies within the City's Comprehensive Plan. The amendments further the City's directive to
diversib the City's economic tax base to allow for a more sustainable economic climate. In
creating this stability, the City will be able to maintain its existing services and facilities, while
not depending on property tax increases to provide for the consistent delivery of quality services.
A high quality of life and a healthy economic environment are clearly the desired community
characters of the subject site.
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 amendments is a direct action that fulJlls the objective to expand the economic
base of the City by promoting mixed-use and industrial activities. The proposed amendments
will promote a wide variety of research and development uses, Bioscience Uses, and
research/clinical hospital uses,
Intergovernmental Coordination Element:
Objective 8.1.1.: The City shall continue to maintain formal, specific means coordination with
adjacent municipalities, the county, state, and federal agencies who have permitting and
regulating authority, and quasi-public entities which provides service; but lack regulatory
authority in Palm Beach Gardens.
Staff Comment:
The proposed amendment is being proposed as a result of the City's initiative to provide a
location. for The Scripps Research Institute in coordination with four other municipalities
and Palm Beach County. The language encourages further coordination in the future to
maintain the eforts set forth in the Interlocal adopted by allparticipaling entities.
Comprehensive Plan Amendments
2006 Round 2 4 Data and Analysis
CONSISTENCY WITH PALM BEACH COUNTY COMPREHENSIVE PLAN
The proposed amendments are consistent with the overall Economic Development Goals
and Objectives withih the Palm Beach County Comprehensive Plan as demonstrated by the
following listed examples from that Plan:
'.
Goal 1. Balanced and Diversified Economy
The economic GOAL of Palm Beach County is to create a balanced and diversified economy. A
balanced and diverse economy will encourage growth that provides viable employment
opportunities for present and future residents, while supporting land-use policies which protect
and improve the quality of the natural and manmade environment.
Staff Comment:
The proposed amendments are consistent with Palm Beach County's goal to achieve a balanced
and diverse economy and viable employment opportunities. As a direct result of the proposed
Overlay, opportuniti5s for value-added employment will be available to attract industry to Palm
Beach County. As the industry develops, spin-off companies in similar industries will likely
desire to locate adjhcent to the established development. As these industries develop, an
industry "cluster" dill be created unique to the area, which'is consistent with the County's
Comprehensive Plan.
.$
Objective 1.1. Balanced Economic Growth Implementation
Palm Beach County shall 4aintain.and expand a diversified economy by: ' '
***
2. encouraging growth in cluster industries, presently defined as communications and
information technology, medical *products, agriculture and food processing, business and
financial services, aerospace and engineering, toGrism, recreation and entertainment, and other
emerging cluster industries which complement changing economic conditions, and other high
paying job sectors, and small businesses, as set forth in Objectives 1.2 and 1.4;
Staff Comment:
The proposed amendments will provide incentives .for the development of uses within the
Research and Development industry, science and biotechnology research, engineering and
manufacturing such as laboratories, educational ,facilities and clinical veseakh"hospita1s' and
theiv accessory uses. The jobs created by the industry will be high paying and will stimulate
signijcant economic growth within the region. *
#
Comprehensive Plan Anzendnients
2006 Round 2 5 Data and Annlysis
CONSISTENCY WITH THE STRATEGIC REGIONAL POLICY PLAN
The proposed land-use 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 3.6 - Diversification of the year-round economy and establishment of an
economic climate that will allow the Region to compete effectively in the global economy.
Staff Comment:
The proposed amendments are consistent with this Regional Policy goal by providing
opportunities and incentives that attract Bioscience research / biotechnology industries to
designated sites, thus promoting an economic climate that will allow the Region to compete
effectively in the global economy.
CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN (CHAPTER 187,
Florida Statutes)
The proposed land-use amendment is consistent with the overall State Comprehensive
Plan. The following State Goals and Policies are specific examples of that consistency: ,
Land Use - In recognition of the importance of preserving the natural resources and enhancing
the quality of life of the state, development shall be directed to those areas which have in place,
or have agreements to provide, the land and water resources, fiscal abilities, and sekice capacity
to accommodate growth in an environmentally acceptable manner; enhance the livability and
character of urban areas through the encouragement of an attractive mix of living, working,
shopping, and recreational activities.
Staff Comment:
The proposed Overlay designation is speclfically designed to encourage development on parcels
within the City’s Uvban Growth Boundary (UGB), which are important infill development sites
within the City. The land-use amendment is therefore consistent with the State’s goal to direct
growth to areas that have urban services that can accommodate growth in a fiscally and
environmentally acceptable manner, and is consistent with the State’s policy to encourage a
mixture of uses to enhance the livability and character of a community.
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 amendments are consistent with the State’s public ,facilities goal as the inventoried and
designated properties are all located within the Seacoast Utility Authority (SUA) service area,
and it has indicated that there is sufficient capacity to service the development of the entitled
parcels, as well as the un-entitled parcel, the Bviger Tract. The provision of water and sewer
Comprehensive Plan Amendments
2006 Round 2 6 Data and Analysis
services thus will be accomplished in a timely, orderly and eficient manner as the parcels are (0 ultimately developed.
In addition, transportation systems, police services, $re-rescue services, and solid waste services
do not require extension outside the established Urban Growth Boundary (UGB), but to sites
completely surrounded by existing development and established infrastructure.
Transportation - Florida shall direct fbture 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 Overlay is consistent with the State’s transportation goal in that the designated
parcels are in close.proximity to take full advantage of the existing location of Interstate
Highway 95, the Ronald Reagan Turnpike, and other thoroughfares. As the vacant parcels
develop, better provisions for pedestrian access and mass transit can be encouraged, such as
pedestrian walkways and multi-modal transportation. Furthermore, the proposed Tri-rail station
at the Abacoa DRI (Town of Jupiter) and Parcel 5B (City of Palm Beach Gardens) will provide a
close light rail node that can be included within a public transit system to sewice the parcels
within the Overlay.
The Economy - Florida shall promote an economic climate which provides economic stability,
maximizes job opportunities, and increased per capita income for its residents.
Staff Comment:
The Economy - Florida shall promote an economic climate which provides economic stability,
~~ maximizes job opportunities, and increased per capita income for its residents.
Staff Comment:
The proposed amendments will provide for greater opportunities and incentives to create a
more sustainable economic climate for the City and for Palm Beach County in general.
Bioscience research / biotechnology uses have been consistently identified by the Palm Beach
County Business Development Board and the City’s Economic Development Advisory Board as
a key use for fostering long term, value-added employment. The proposed Overlay designation
will provide the opportunity to attract a desirable industv, in addition to related venture
capitalist investments, biotech industries, pharmaceutical companies, post-secondary
educational organizations, and other similar industries, which will contribute to a healthy
economy.
Comprehensive Plan Amendments
2006 Round 2 7 Data and Analysis
PROPERTY ACREAGE & LEGAL DESCRIPTION
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27,2006
TUTE LOCATI
DATE.
IT R
GA S, FL that:
ED BY THE CITY COUN IL OF THE CITY OF PALM BEACH
SECTION 1. The City Council of the City of Palm Beach Gardens, Florida
recognizes the importance of and continues to support the location of The Scripps
Research Institute in Palm Beach County.
SECTION 2. Additionally, the City Council of the City of Palm Beach Gardens,
Florida expresses its preference for the location of The Scripps Research Institute in
northern Palm Beach County, and particularly in the Palm Beach GardenslJupiter area,
on the Abacoa FAU I Briger site.
SECTION 3. The location of The Scripps Research Institute on the Abacoa FAU
I Briger site will further the goals of the Economic Development Element of the City of
Palm Beach Gardens Comprehensive Plan and will ensure a diversified economy, shift
ad-valorem tax revenues away from the residential component, encourage growth in
cluster industries that provide high-wage employment, and complement changing
economic conditions.
SECTION 4. The City Council hereby commits to the expenditure of up to Three
Million Dollars ($3 , 000,000. 00) for infrastructure improvements, concurrency
reservation, andlor land purchase costs for the 70-acre Briger parcel provided for
Scripps Florida on the Abacoa FAU I Briger site.
SECTION 5. The City Manager is hereby directed to provide a method of funding
an amount not to exceed Three Million Dollars ($3,000,000.00) for such improvements
and costs as identified through cooperative planning with Palm Beach County and the
Town of Jupiter.
SECTION 6. This Resolution shall become effective immediately upon adoption.
1
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L ATTEST:
BY:
Patricia Snider, CMC, dty Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMEMBER LEVY
COUNCILMEMBERVALECHE
-
C OU N C I LME M BER BARN ETT
AYE NAY ABSENT --
:/ ---
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Date Prepared: February 17,2006
RESOLUTION 29,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT WITH
PALM BEACH COUNTY FOR THE REIMBURSEMENT OF THREE
MILLION DOLLARS ($3,000,000.00) FOR COSTS RELATED TO
BRIGER PARCEL TO BE DEVELOPED FOR SCRIPPS FLORIDA
ON THE ABACOA FAU I BRIGER SITE; AND PROVIDING AN
EFFECTIVE DATE.
THE ACQUISITION AND/OR DEVELOPMENT OF THE 70-ACRE
WHEREAS, Section 163.01, Florida Statutes, known as the “Florida Interlocal
Cooperation Act of 1969,’’ authorizes local governments to make the most efficient use
of their powers by enabling them to cooperate with other localities on a basis of mutual
advantage and thereby to provide services and facilities that will harmonize geographic,
economic, population, and other factors influencing the needs and development of local
communities; and
WHEREAS, Part I of Chapter 163, ,Florida Statutes, permits public agencies, as
defined therein, to enter into interlocal agreements with each other to jointly exercise
any power, privilege, or authority which such agencies share in common and which
each might exercise separately; and
WHEREAS, on February 13, 2006, the City Council adopted Resolution 27,
2006, which is attached hereto as Exhibit “A” (“Resolution”); and
WHEREAS, the City has recognized that the relocation of The Scripps Research
Institute’s (“TSRI”) operations on Florida Atlantic University’s John D. McArthur Campus
(”FAU Jupiter Campus”) and to a portion of the Briger Parcel will further the Economic
Development Element of the City’s Comprehensive Plan and will ensure a diversified
economy, shift ad valorem tax revenues away from the residential component,
encourage growth in cluster industries that provide high-wage employment, and
complement changing economic conditions; and
WHEREAS, the City has committed to the County to expend up to Three Million
Dollars ($3,000,000.00) for infrastructure improvements, concurrency reservation,
and/or land purchase costs to acquire seventy (70) acres of real property within a parcel
of land located in the City referred to as the “Briger Parcel”, which is generally depicted
in the location map attached hereto as Exhibit “B” (“Briger Parcel”); and
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Date Prepared: February 17,2006
Resolution 29, 2006
WHEREAS, the Board of County Commissioners elected to enter into
negotiations with the TSRI for the relocation of its operations to the FAU Jupiter
Campus’ and a portion of the Briger Parcel in reliance on the City’s commitment to
provide funding for the acquisition of a portion of the Briger Parcel; and
WHEREAS, the County is currently in negotiations with the owner(s) of the
Briger Parcel, for the donation and conveyance of approximately seventy (70) acres of
real property for a purchase price of approximately Sixteen Million Dollars
WHEREAS, the. Board of County Commissioners desires to be reimbursed
Three Million Dollars ($3,000,000.00) by Zhe City to acquire approximately seventy (70)
acres of real property within the Briger Parcel and for associated due diligence costs;
and
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($16,000,000.00), which the County intends to offer to lease to TSRI; and us
WHEREAS, the City Council deems approval of this Resolution to be in the best
interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby approves the Interlocal Agreement with
Palm Beach County for the reimbursement of Three Million Dollars ($3,000,000.00) for
costs related to the acquisition and/or development of the 70-acre Briger Parcel to be
developed for Scripps Florida on the Abacoa FAU / Briger Site and hereby authorizes
the Mayor and City Clerk to execute said Agreement.
SECTION 3. This Resolution shall become effective immediately upon adoption.
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Date Prepared: February 17,2006
Resolution 29,2006
PASSED AND ADOPTED this J*day of /2eg &w ,2006.
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4 CITY OF PALM
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9 ATTEST:
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13 Patricia Sniaer, CMC, City Clerk .
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17 LEGAL SUFFICIENCY
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APPROVED AS TO FORM AND
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21 Christine P. Tatum, City Attorney
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26 VOTE: AYE NAY ABSENT
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J 28 MAYOR RUSSO ---
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EXHIBIT “A”
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I Date Prepared: February 17,2006
Resolution 29,2006 I,
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Date Prepared: February 9, 2006
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RESOLUTION 27,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARQENS, FLORIDA EXPRESSING CONTINUED
SUPPORT FOR THE SCRIPPS RESEARCH INS
EACH COUNTY; COMMITTING UP T
IMPROVEMENTS
CHARGES FOR THE ELOPMENT OF
PARCEL TO BE DENELOPED FOR SCRIPPS FLORIDA ON THE
ABACOA FAU I BRIGER SITE; AND PROVlDlNG AN EFFECTIVE
DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA that:
SECTION I, The City Council of the City of Palm Beach Gardens, Florida
recognizes the importance of and ccmtinues to support the location of The Scripps
Research Institute in Palm Beach County.
SECTION 2. Additionally, the City Council of the City of Palm Beach Gardens,
location of The Scr
larly in the Palm Be
The location of The Sc ps Research lnstitu
he goals of the Ec omic Development
s Comprehensive Pla d will ensure a diversified eco
nues away from the residential component
the Abacoa FAU
cluster industries that provide high-wage employment, and complement changing
economic conditions.
SECTION 4. The City Council hereby commits to the expenditure of up to Three
Mi liio n Dollars ($3,000,000.00) for infra structure imp roverne n ts , concurrency
reservation, and/or land purchase costs for the 70-acre Briger parcel provided for
Scripps Florida on the Abacoa FAU I Briger site.
5. The City Manager is hereby directed to provide a method of funding
an amount not to exceed Three Million Dollars ($3,000,000.00) for such improvements
and costs as identified through cooperative planning with Palm Beach County and the
Town of Jupiter.
SECTION 6. This Resolution shall become effective immediately upon adoption.
Date Prepared; February 9,2006
Resolution 27,2006 1
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PASSED AND ADOPTED this 1.3- day of ~%&WJA.~ ,2006. 'd)
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CITY OF PALM BEACH GARDENS, FLORIDA I
71 ATTEST:
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16 Patricia Snider, CMC, aty Clerk
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AL SUFFICIEN
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25 Christine P. Tatum, City Attorney
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46 \\PbgsIile~ltor~ey\altorney_share\RESOLUTIONS\SCRIPPS - reso 27 2006 - - 2-13-06-2 doc !Q E
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Date Prepared: February 17,2006
Resolution 29,2006
EXHIBIT “B”
INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY
AND THE CITY OF PALM BEACH GARDENS
This lnterlocal Agreement is made the day of I
20 I between Palm Beach County, a political subdivision of the State of Florida,
(“County”) and the City of Palm Beach Gardens, a Florida municipal corporation (“City”),
each one constituting a public agency as defined in Part I of Chapter 163, Florida
Statutes.
WITNESSETH
WHEREAS, Section 163.01 , Florida Statutes, known as the “Florida lnterlocal
Cooperation Act of 1969” authorizes local governments to make the most efficient use
of their powers by enabling them to cooperate with other localities on a basis of mutual
advantage and thereby to provide services and facilities that will harmonize geographic,
economic, population and other factors influencing the needs and development of local
com m u n i tie s; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies, as
defined therein, to enter into interlocal agreements with each other to jointly exercise
any power, privilege, or authority which such agencies share in common and which
each might exercise separately; and
WHEREAS, on February 13, 2006, the City Council adopted Resolution 27,
2006, which is attached hereto as Exhibit “A” (“Resolution”); and
WHEREAS, the City has recognized that the relocation of The Scripps Research
In‘stitute’s (“TSRI”) operations on Florida Atlantic University’s John D. McArthur Campus
(“FAU Jupiter Campus”) and to a portion of the Briger Parcel will further the Economic
Development Element of the City’s Comprehensive Plan and will ensure a diversified
economy, shift ad valorem tax revenues away from the residential component,
encourage growth in cluster industries that provide’ high wage employment, and
complement changing economic conditions; and
WHEREAS, the City has committed to the County to expend up to Three Million
Dollars ($3,000,000.00) for infrastructure improvements, concurrency reservation and/or
land purchase costs to acquire seventy (70) acres of real property within a parcel of
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land located in the City referred to as the “Briger Parcel”, which is generally depicted in
the location map attached hereto as Exhibit “8” (“Briger Parcel”); and
WHEREAS, the Board of County Commissioners elected to enter into
negotiations with the TSRI for the relocation of its operations to the FAU Jupiter
Campus and a portion of the Briger Parcel in reliance on the City’s commitment to
provide funding for the acquisition of a portion of the Briger Parcel; and
WHEREAS, the County is currently in negotiations with the owner(s) of the
Briger Parcel, for the donation and conveyance of approximately seventy (70) acres of
real property for a purchase price of approximately Sixteen Million Dollars
($16,000,000.00), which the County intends to offer to lease to TSRI; and
WHEREAS, the Board of County Commissioners desires to be reimbursed Three
Million Dollars ($3,000,000.00) by the City to acquire approximately seventy (70) acres
of real property within the Briger Parcel and for associated due diligence costs.
NOW THEREFORE, in consideration of the mutual representations, terms, and
covenants hereinafter set forth, the parties hereby agree as follows:
1,
reference.
2. The County will use good faith efforts to negotiate an agreement with the
owner(s) of the Briger Parcel for the donation and purchase of approximately seventy
(70) acres of real property within the Briger Parcel under such terms and conditions as
are acceptable to the County, in its sole discretion, and to close on the transaction to
acquire the property. The City agrees to reimburse the County a total amount of Three
The foregoing recitals are true and correct and are hereby incorporated herein by
Million Dollars ($3,000,000.00) for the acquisition of real property within the Biiger
Parcel, including associated due diligence costs incurred by the Codnty, within thirty
(30) days of the closing of the transaction to acquire the property. The City agrees to
obtain due diligence on all or a portion of the Briger Parcel at the County’s request,
which may include surveys, environmental assessments or audits and title insurance.
In the event the City conducts due diligence at the County’s request, the City may
deduct the actual costs of such due diligence from the Three Million Dollar
($3,000,000.00) reimbursement payment to the County; provided, however, the City
shall not be required to incur due diligence costs in excess of One Hundred Thousand
Dollars ($100,000.00). Any due diligence costs incurred on and from February 15,
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2006, by the City at the County’s request shall be eligible for deduction from the
reimbursement payment. Any reports, surveys or environmental assessments or audits
obtained by the City hereunder shall be certified to the County so that the County may
rely on the information contained therein. Any title commitment(s) obtained by the City
on behalf of the County shall identify the County as the proposed insured and shall be in
an amount requested by the County. The City shall provide the County with
documentation, which is reasonably satisfactory to the County, evidencing any due
diligence costs incurred by the City, including, without limitation, original invoices and
receipts, with the reimbursement payment.
3. The City acknowledges that the County intends the aforementioned real property
to be used for biotechnology and related uses. In the event the County uses the
aforementioned real property for residential purposes within ten (1 0) years of the closing
of the transaction to acquire the property, the County shall repay the City an amount
equal to the reimbursement payment made by the City pursuant to paragraph 2 above.
The requirements of this paragraph shall survive the expiration of this Agreement
provided for in paragraph 18 below.
4. In the event the County is unable to negotiate an agreement acceptable to the
County or close on the transaction to acquire the aforementioned real property, the
County shall provide the City written notice of such circumstances, whereupon the
parties shall be released from all further obligation hereunder.
5. The reimbursement payment provided for in paragraph 2 above shall be made
payable to the “Palm Beach County Board of County Commissioners” and shall be
delivered to Shannon Larocque, Scripps Program Manager, 301 North Olive Avenue,
1 l‘h Floor, West Palm Beach, Florida 33401, or, at the County’s option, by interbank
wire transfer of immediately available funds to an account designated by the County.
Failure to deliver the reimbursement payment within the aforementioned thirty (30) day
period shall be a material default of this Agreement, entitling the County to seek any
remedy available to it at law or equity, including, without limitation, monetary damages.
6. All notices given under this Agreement shall be deemed sufficient to each party
when delivered by United States Mail, personal delivery or a nationally-recognized
overnight delivery service to the following:
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If to County:
Shannon Larocque
Scripps Program Manager
Palm Beach County
301 North Olive Avenue, 11 th Floor
West Palm Beach, Florida 33401
With a copy to:
Jim Mize, Chief Assistant County Attorney
Palm Beach County Attorney's Office
301 North Olive Avenue, Suite 601
West Palm Beach, Florida 33401
. If to City:
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Ronald M. Ferris, City Manager
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
With a copy to:
Christine P. Tatum, City Attorney
10500 N. Military Trail
Palm Beach Gardens, Florida 3341 0
Either party may change the address to which notices shall be given to such
party upon three (3) days prior written notice to the other party. The effective date of
any notice given hereunder shall be the date of delivery if by personal delivery or the
date of receipt if given by United States or overnight mail.
7.
Florida. .Any and all legal action necessary to enforce this Agreement will be held in
Palm Beach County.
8.
and shall have no substantive meaning.
This Agreement shall be construed by and governed by the laws of the State of
The captions and section designations set forth herein are for convenience only
9. In the event that any section, paragraph, sentence, clause, or provision of this
Agreement is held by a court of competent jurisdiction to be invalid, such shall not affect
the remaining portions of this Agreement and the same shall remain in full force and
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effect.
10.
supersedes all other negotiations, representations, or agreement, either written or oral,
relating to this Agreement.
11. Exhibits attached hereto and referenced herein shall be deemed to be
incorporated into this Agreement by reference.
12.
provision of this Agreement where a time is specified for performance.
13. This Agreement may be modified and amended only by written instrument
executed by the parties hereto.
14. No waiver of any provision of this Agreement shall be effective against either
party unless it is in writing and signed by the party waiving such provision. A written
waiver shall only be effective as to the specific instance for which it is obtained and shall
not be deemed a continuing or future waiver.
15.
have participated in extensive negotiations and drafting and redrafting of this document
to arrive at a final Agreement. Thus, the terms of this Agreement shall not be strictly
construed against one party as opposed to the other party based upon who drafted it.
16. The County’s performance and obligations under this Agreement shall be
contingent upon an annual budgetary appropriation by the Board of County
Commissioners for subsequent fiscal years.
17.
for Palm Beach County pursuant to Section 163.01 (1 I), Florida Statutes.
18. This Agreement shall become effective when signed by the both the parties,
approved by the Palm Beach County Board of County Commissioners and filed with the
Clerk of the Circuit Court in and for Palm Beach County (the “Effective Date”). The
term of this Agreement shall commence on the Effective Date and shall expire upon the
County’s receipt of the reimbursement payment provided for in paragraph 2 above and
related documentation, which is reasonably satisfactory to the County, evidencing due
diligence costs incurred by the City, if any.
@ This Agreement represents the entire understanding between the parties, and
Time is of the essence with respect to the performance of each and every
Neither party shall be considered the author of this Agreement since the parties
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A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and
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IN WITNESS WHEREOF, the parties hereto have affixed their signatures on the
day and year first above written.
ATTEST:
Sharon R. Bock, Clerk &
Comptroller
By:
Deputy Clerk
(SEAL)
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
County Attorney
ATTEST:
City Clerk \
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
By:
Tony Masilotti, Chairman
APPROVED AS TO TERMS AND
CONDITIONS
By:
Scripps Program Manager
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
- City Attorney
C:\Docuineiits and Settings\Lauia\My Docuineiits\lau,a\inte,locaI PBG 2-22-06.11f
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EXHIBIT "A"
RESOLUTION
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Date Prepared: February 9, 2006
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RESOLUTION 27,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA EXPRESSING CONTINUED
SUPPORT FOR THE SCRIPPS RESEARCH INSTITUTE LOCATING
IN PALM BEACH COUNTY; COMMITTING UP TO THREE MILLION
DOLLARS ($3,000,000.00) FOR INFRASTRUCTURE
IMPROVEMENTS AND CONCURRENCY RESERVATION
PARCEL TO BE DEVELOPED FOR SCRIPPS FLORIDA ON THE
ABACOA FAU I BRIGER SITE; AND PROVIDING AN EFFECTIVE
DATE.
CHARGES FOR THE DEVELOPMENT OF THE 70-ACRE BRIGER
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA that:
. SECTION 1. The City Council of the City of Palm Beach Gardens, Florida
recognizes the importance of and continues to support the location of The Scripps
Research Institute in Palm Beach County.
SECTION 2. Additionally, the City Council of the City of Palm Beach Gardens,
Florida expresses its preference for the location of The Scripps Research Institute in
northern Palm Beach County, and particularly in the Palm Beach GardenslJupiter area,
on the Abacoa FAU I Briger site.
SECTION 3. The location of The Scripps Research Institute on the Abacoa FAU
/ Briger site will further the goals of the Economic Development Element of the City of
Palm Beach Gardens Comprehensive Plan and will ensure a diversified economy, shift
ad-valorem tax revenues away from the residential component, encourage growth in
cluster industries that provide high-wage employment, and complement changing
economic conditions .
SECTION 4. The City Council hereby commits to the expenditure of up to Three
Million Dollars ($3,000,000.00) for infrastructure improvements, concurrency
reservation, and/or land purchase costs for the 70-acre Briger parcel provided for
Scripps Florida on the Abacoa FAU 1 Briger site.
SECTION 5. The City Manager is hereby directed to provide a method of funding
an amount not to exceed Three Million Dollars ($3,000,000.00) for such improvements
and costs as identified through cooperative planning with Palm Beach County and the
Town of Jupiter.
SECTION 6. This Resolution shall become effective immediately upon adoption.
Date Prepared: February 9.2006 Resolution 27,2006
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PASSED AND ADOPTED this /JfY day of ,2006.
CITY OF PALM BEACH GARDENS, FLORIDA
1 ATTEST:
Patricia Snider, CMC, 6ty Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMEMBER LEVY
COUNCILMEMBERVALECHE
COUNCILMEMBER BARNETT
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LOCATION MAP
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Date Prepared: March 1,2006
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RESOLUTION 34,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT WITH
PALM BEACH COUNTY, THE TOWN OF JUPITER, THE TOWN OF
MANGONIA PARK, THE TOWN OF LAKE PARK, AND THE CITY OF
RlVlERA BEACH CREATING A BIOSCIENCE LAND PROTECTION
ADVISORY BOARD AND PROVIDING FOR CONSIDERATION OF
LOCAL COMPREHENSIVE PLAN AMENDMENTS TO ESTABLISH
AND PROTECT BIOSCIENCE RESEARCH PROTECTION
OVERLAYS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 163.01 , Florida Statutes, known as the “Florida. Interlocal
Cooperation Act of 1969,” authorizes local governments to make the most efficient use
of their powers by enabling them to cooperate with other localities on a basis of mutual
advantage and thereby to provide services and facilities that will harmonize geographic,
economic, population, and other factors influencing the needs and development of local
communities; and
WHEREAS, Part 1 of Chapter 163, Florida Statutes, permits public agencies, as
defined therein, to enter into interlocal agreements with each other to jointly exercise
any power, privilege, or authority which such agencies share in common and which
each might exercise separately; and
WHEREAS, the Cities and County recognize that the relocation of The Scripps
Research Institute’s (“TSRI”) operations onto Florida Atlantic University’s John D.
McArthur Campus (”FAU Jupiter Campus”) and a portion of the Briger Parcel in Palm
Beach Gardens (“Briger”) will further the vision of the Governor and the State of Florida
to create an economic development cluster to support TSRI; and
WHEREAS, the Cities and County recognize that the creation of an economic
development cluster to support TSRI will ensure a diversified economy and provide
high-wage employment within Palm Beach County, the Treasure Coast Region, and the
State; and
WHEREAS, the Palm Beach County Board of County Commissioners elected to
enter into negotiations with TSRI for the relocation of its operations to the FAU Jupiter
Campus and to Briger in reliance on the Cities’ commitment to support an economic
development cluster in support of TSRI; and
WHEREAS, to fulfill this commitment, the Cities and County hav,e agreed to form
an Advisory Board; and
Date Prepared: March 1,2006
Resolution 34,2006
WHEREAS, to fulfill this commitment, the Cities have each agreed to initiate and
consider amendments to their respective Comprehensive Plans that establish a
Bioscience Research Protection Overlay ("Overlay"), and that provide a super majority
vote requirement to protect land identified in the Overlay; and
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WHEREAS, the City Council deems approval of this Resolution to be in the best
interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby approves the Interlocal Agreement with
Palm Beach County, the Town of Jupiter, the Town of Mangonia Park, the Town of
Lake Park, and the City of Riviera Beach creating a bioscience land protection advisory
board and providing for consideration of local comprehensive plan amendments to
establish and protect bioscience research protection overlays, and hereby authorizes
the Mayor and City Clerk to execute said Agreement.
SECTION 3. This Resolution shall become effective immediately upon adoption.
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Date Prepared: March 1,2006
Resolution 34,2006
PASSED AND ADOPTED this afi day of ,2006.
ATTEST:
CITY OF PALM BEA
BY:
By:-: Patricia Snider, CMC, City
APPROVED AS TO FORM AND
LEGAL SU FFl Cl ENCY
BY:
VOTE: AYE NAY ABSENT
--- MAYOR RUSSO
--- VICE MAYOR JABLIN
COUNCILMEMBER LEVY ---
COUNCILMEMBER VALECHE ---
--- COUNCILMEMBER BARNETT
\\pbgsfileV\ttorney\attorney_share\RESOLUTlONS\muIti city interlocal agrnt -res034 2006.doc
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INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY
AND THE CITY OF PALM BEACH GARDENS, THE TOWN OF
JUPITER, THE TOWN OF MANGONIA PARK, THE TOWN OF LAKE
PARK, AND THE CITY OF RIVIERA BEACH CREATING A
BIOSCIENCE LAND PROTECTION ADVISORY BOARD AND
PROVIDING FOR CONSIDERATION OF LOCAL COMPREHENSIVE
PLAN AMENDMENTS TO ESTABLISH AND PROTECT BIOSCIENCE
RESEARCH PROTECTIONOVERLAYS
This lnterlocal Agreement is made the day of , 2006,
between Palm Beach County, a political subdivision of the State of Florida ("County"),
and the City of Palm Beach Gardens, the City of Riviera Beach, the Town of Mangonia
Park, the Town of Lake Park, and the Town of Jupiter, Florida municipal corporations
("Cities"), collectively referred to as "the Parties", each one constituting a public agency
as defined in Part I of Chapter 163, Florida Statutes.
WHEREAS, Section 163.01 , Florida Statutes, known as the "Florida lnterlocal
Cooperation Act of 1969" authorizes local governments to make the most efficient use
of their powers by enabling them to cooperate with other localities on a basis of mutual
advantage and thereby to provide services and facilities that will harmonize geographic,
economic, population, and other factors influencing the needs and development of local
communities; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies, as
defined therein, to enter into interlocal agreements with each other to jointly exercise
any power, privilege, or authority which such agencies share in common and which
each might exercise separately; and
I
WHEREAS, the Cities and County recognize that the relocation of The Scripps
Research Institute’s (“TSRI”) operations onto Florida Atlantic University’s John D.
McArthur Campus (“FAU Jupiter Campus”) and a portion of the Briger Parcel in Palm
Beach Gardens (”Briger”) will further the vision of the Governor and the State of Florida
to create an economic development cluster to support TSRI; and
WHEREAS, the Cities and County recognize that the creation of an economic
development cluster to support TSRI will ensure a diversified economy and provide
high-wage employment within Palm Beach County, the Treasure Coast Region, and the
State; and
WHEREAS, the Palm Beach County Board of County Commissioners elected to
enter into negotiations with TSRI for the relocation of its operations to the FAU Jupiter
Campus and to Briger in reliance on the Cities’ commitment to support an economic
development cluster in support of TSRI; and I
WHEREAS, to fulfill this commitment, the Cities and County have agreed to form
an Advisory Board; and
WHEREAS, to fulfill this commitment, the Cities have each agreed to initiate and
consider amendments to their respective Comprehensive Plans that establish a
Bioscience Research Protection Overlay (“Overlay”), and that provide a super majority
vote requirement to protect land identified in the Overlay.
NOW THEREFORE, in consideration of the mutual representations, terms, and
covenants hereinafter set forth, the parties hereby agree as follows:
SECTION 1. The foregoing recitals are true and correct and are hereby incorporated
herein by reference.
*
2
SECTION 2. Bioscience Land Protection Advisory Board.
A. A Bioscience Land Protection Advisory Board is hereby established. The
purpose of the Board shall be to protect those lands which each of the Cities has
identified as being subject to a bioscience research area protection overlay. L
B. The Board shall consist of seven (7) members with the Governor of the
State of Florida; Palm Beach County; the Towns of Jupiter, Lake Park, and Mangonia
Park; and the Cities of Palm Beach Gardens and Riviera Beach each appointing one (1)
regular member and one (1) alternate member. Each appointment shall follow the
, same formal procedure the appointing entity uses for board or commission
[
appointments.
C. A quorum of the Board shall be necessary for it to conduct any business
and shall consist of four (4) members present and voting. The majority vote of those ‘i
present and voting shall be required to pass a motion. Each regular member shall have t
one vote. An alternate member shall sit on behalf of the appointing entity and have a
vote only when the regular member of such entity is absent.
D. Authority of Board.
The Board shall have the authority to:
1. Analyze and make recommendations regarding: (a) applications to
rezone land or amend the future land use map designation for land; and
(b) proposed amendments to the land development regulations that
directly affect bioscience research uses on property within the Overlay.
No such application to rezone, amend the future land use map, or amend
the land development regulations pertaining to said property shall be
3
considered unless the Board shall have conducted a public meeting on the
application and rendered a recommendation. to the applicable governing
body; provided, however, in the event the Board fails to render a
recommendation within sixty (60) days after the staff of the applicable
governing body in which the land proposed for approval is located
determines that such application or request is complete for purposes of
review by the Board, the affected governing body may proceed to consider
and make a determination upon the application or request without
receiving a recommendation from the Board.
2. Plan for, and address the availability of, developed and
undeveloped land for bioscientific training/education, research, and related
uses and users.
3. Assist in coordinating, integrating, and streamlining administrative
and regulatory procedures at the municipal, county, regional, and state
levels for bioscience research uses.
4. Consider and/or propose policy initiatives and legislative or
regulatory efforts to encourage and sustain the development of biomedical
research uses in the Overlay.
5. Set fees and charges as determined to be necessary for direct
costs and expenses incurred by the Board in reviewing development
applications.
4
SECTION 3. Comprehensive Plan Amendments.
The Parties recognize that it may be necessary for the Cities to amend their
respective Comprehensive Plans to achieve the goals of this Interlocal Agreement.
Each City agrees to direct its respective staff to initiate plan amendments, no later than
its next regular round of comprehensive plan amendments, as may be necessary to
establish and protect a Bioscience Research Protection Overlay within its jurisdiction.
These proposed amendments shall include, at a minimum, amendments to the Future
Land Use Element and the Intergovernmental Coordination Element which provide for:
A. The creation of a Bioscience Research Protection Overlay which:
1.
2.
3.
4.
residential or commercial development
5. Contains policies providing mechanisms to coordinate planning
between local governments and ensure intergovernmental cooperation in
the development and implementation of the Overlay
A requirement for a super majority vote of the governing body to approve
conversion of land uses on property within the Bioscience Research Protection Overlay.
Maps the properties subject to the Overlay.
Identifies permitted uses within the Overlay.
Identifies prohibited uses within the Overlay.
Contains policies protecting lands subject to the overlay from
B.
5
SECTION 4. Financial Obligations.
A. Each city will provide technical support necessaG to allow the Board to fully
review and make recommendations regarding projects in their respective jurisdictions
and will provide other technical and logistical support to the extent determined
appropriate by each city.
i B. County will provide technical support and logistical support to the Board to the
extent determined appropriate by the County.
C. If agreed to by the Parties in writing and subject to the appropriation by each
party, the Parties may agree to fund the operation of the Board, in whole or in part,
through annual appropriations, in amounts determined by the Board and agreed to by
each Party. (0 SECTION 5. General Terms and Conditions.
A. This Agreement shall continue through March 14, 2016, but may be
extended by written agreement of the parties.
B. Any party may withdraw from this Agreement upon 365 days' written
notice to the other parties, thereby relieving the withdrawing party of all obligations and
benefits arising out of this Agreement.
C. This Agreement shall be construed by and governed by the laws of the
State of Florida. Venue shall be in circuit court for Palm Beach County, and each party
shall bear its own fees and costs.
D. The captions and section designations set forth herein are for
convenience only and shall have no substantive meaning.
6
r q E. In the event that any section, paragraph, sentence, clause, or provision of
this Agreement is held by a court of competent jurisdiction to be invalid, such shall not
1
affect the remaining portions of this Agreement and the same shall remain in full force
and effect.
F. This Agreement represents the entire understanding between the parties,
and supersedes all other negotiations, representations, or agreement, written or oral,
relating to this Agreement.
G. This Agreement may be modified and amended only by written instrument
executed by the parties hereto.
H. None of the parties shall be considered the author of this Agreement since
the parties have participated in extensive negotiations and drafting and redrafting of this
document to arrive at a final Agreement. Thus, the terms of this Agreement shall not be
strictly construed against one party as opposed to another party based upon who I
drafted it.
I. A copy of this Agreement shall be filed with the Clerk of the Circuit Court ' . I
in and for Palm Beach County pursuant to Section 163.01 (1 I), Florida Statutes.
J.
K.
This document can be signed in counterparts.
All notices given under this Agreement shall be deemed sufficient to each
party when delivered by United States Mail, personal delivery or a nationally-recognized
overnight delivery service to the following:
7
If to County:
Scripps Program Manager
Palm Beach County
301 North Olive Avenue, 1 lth Floor
West Palm Beach, Florida 33401
With a copy to:
Chief Assistant County Attorney
Palm Beach County Attorney’s Office
301 North Olive Avenue, Suite 601
West Palm Beach, Florida 33401
If to Palm Beach Gardens:
City Manager
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
With a copy to:
City Attorney
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
If to Jupiter:
Town Manager
Town of Jupiter
210 Military Trail
Jupiter, Florida 33458
With a copy to:
Town Attorney
Town of Jupiter
21 0 Military Trail
Jupiter, Florida 33458
a
If to Lake Park:
Town Manager
Town of Lake Park
535 Park Avenue
Lake Park, Florida 33403
With a copy to:
Town Attorney
Town of Lake Park
535 Park Avenue
Lake Park, Florida 33403
If to Mangonia Park:
Town Manager
Town of Mangonia Park
1755 E. Tiffany Drive
Mangonia Park, FI 33407
With a copy to:
Town Attorney
Town of Mangonia Park
1755 E. Tiffany Drive
Mangonia Park, FI 33407
If to Riviera Beach:
City Manager
City of Riviera Beach
600 West Blue Heron Blvd.
Riviera Beach, Florida 33404
With a copy to:
. City Attorney
City of Riviera Beach
600 West Blue Heron Blvd.
Riviera Beach, Florida 33404
9
Any party may change the address to which notices shall be given to such party
upon three (3) days’ prior written notice to the other parties. The effective date of any
notice given hereunder shall be the date of delivery if by personal delivery or the date of
receipt if given by United States or overnight mail.
(The remainder of this page left intentionally blank)
10
IN WITNESS WHEREOF, the parties hereto have affixed their signatures on the
I
day and year first above written.
ATTEST:
Sharon R. Bock, Clerk 81
Comptroller
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
By: By:
Deputy Clerk Tony Masilotti, Chairman
(SEAL)
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY CONDITIONS
APPROVED AS TO TERMS AND
By: By:
County Attorney Scripps Program Manager
Y
CITY OF PALM BWCWARDE , F ATTEST: r
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
11
@ ATTEST:
By:
Town Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Town Attorney
ATTEST:
By:
Town Clerk
APPROVED AS TO FORM AND '0 LEGAL SUFFICIENCY
By:
Town Attorney
ATTEST:
By:
Town Clerk
TOWN OF JUPITER, FLORIDA
By:
Mayor
TOWN OF LAKE PARK, FLORIDA
By:
Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Town Attorney
12
TOWN OF MANGONIA PARK, FLORIDA
By :
Mayor
Y'
I
ATTEST: CITY OF RlVlERA BEACH, FLORIDA
By: By:
City Clerk Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
City Attorney
G:\WPDATA\lANDUSE\RBANKS\scripps\SCRIPPS multi city interlocal.229.doc
13
i
t
t
I
x
i
/;i IN WITNESS WHEREOF, the parties hereto have affixed their signatures on the
day and year first above written.
ATTEST:
By:
Patricia Snider, CMC, City erk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Christine P. Tatum, City’ Attorney
I
E
nterlocal Agreement ~___ R2006 0512
.I
.
Agenda Item #: 6J1
PALNEgmcn coum ,td//y L-0
BOARD OF COUNTY COMMISSIONERS G &s
- =---- ---
Meeting Date: March 14,2008 [ ] Consent [XI Regular
Department:
[ ] Ordlnance [ I PubllcHearlng
%
Submlned By: Scripps Program .
Submitted For: Scripps Program -- --- ----__II_ - - --I
I 1. EXECUTlVE RRIEE
Motion and Mle: Staff recommends motion to approve: an Interlocal Agreement with the City d
Palm Beach Gardens, Town of Jupiter, Town of Mangonia park, Town of Lake Park, and the City of
Rlvlera Beach creatlng a Blosclence Land Protecflon Advlsory Board end prwlding fw considerallon
of local comprehenstve plan amendments to establi+ and protect biosclence research prolectlon
overlays.
Summary: The Interlocal Agreement provides for the tonnaUon of an Advisory Board consisting of
seven members Including; one appolntthent each trom he partklpatlng munklpalities, one
representalive from the t3ovemor‘s OMce; and one representatbe from Palm Beach County. The
purpose of the Advlsory Boardls tomake recommendations regardlng amendments lo comprehenslve
plao use maps and rezonlng and land development regulatlons that directly effect Mosclence research
dses on properties withln the munkipal overlays. The munkipaliUes will be required lo inillate
comprehenslve plan amendments creatlng Blosclence Research Protection Ovbrleys In thelr
comprehensive plans to Mentlfy lands within the Overlay and protect such lands from commerclal or
resldentlal development. these Amendments prov!de for e super majority vote of the governing body
to approve converslon of land uses within the municipal overlays.
The Board of County Commlssioners selected the North County proposal on February 14,2006, and
voted to enter Into negoUatlons wRh The Scripps Research Institute lor the relocation 01 its facilities to
the FAU Jupiter Campus and Briger site. In order to fulfill the economic cluster envisloned by thp
Governor and State, the County and particlpatlng municipalitles have agreed to form this Advisory
Board. CountvwideiDistrict 1. (BB)
Background and Policy Issues: On December 13,2005. the Board of Commissioners directed stail
to provide land inventory information assembled by the County. the Town of Jupiter and the City of
Palm Beach Gardens tothe Governor lor hls review as a possible she for the Scripps Florida permanent
tacilities. On February 14,2006, the Board reviewed proposals from South County. North County and
the Florida Research Park and approved the North County proposal.
1 Attachments:
1. Interlocal Agreement
Recommended by: I rF 13- mb Date
,ij-’&
Date
Approved By:
County Adrnlnlshator ,
2145
I
06-2 Text Amendment Staff Report 16 Biotechnology Research Protection Overlay
-
*
It. J%SCAL IMPACT
A Flve Year Summary of flscal Impact ,,
.- . - . .. . .- . ._ . . , ., .. . . _. ... . . . . - . . . .. ...
NALVsls
Flscal Years 2006 2007 2008 2009 ‘
Capital Expendlturee ---A
Operating Costs ----
External Revenues ----
Program Income (County) __ A
In-Klnd Match (County)
NET FISCAL IM~ACT ----
X ADDITIONAL FIE
PosmoMJS (Cumukitive) - -
Is Item Included In Current Budget? Yes- No-
Budget Account No.: Fund- Agency- Org. - Object__
Reporting Category-
B. Recommended Sources d FunddSummary of Flscal lmpack
.C. Departmental Flscal Review:
+
111. REVIEW CQMM ENTQ
A. OFMB Fiscal andlor Contract Dev. and Control Commente:
C. Other Department Review:
Department Director
REVISED 9/95
ADM FORM 01
(THIS SUMMARY IS NOT TO BE USED AS A BASIS FOR PAYMENT.)
?’
06-2 Text Amendment Staff Report ‘ 17 Biotechnology Research Protection Overlay
INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY
AND THE CITY OF PALM BEACH GARDENS, THE TOWN OF
PARK, AND THE CITY OF RlVlERA BEACH CREATING A
BIOSCIENCE hND PROTECTION ADVISORY BOARD AND
PROVIDING FOR CONSIDERATION OF LOCAL COMPREHENSIVE
PLAN AMENDMENTS TO ESTABLISH AND PROTECT BIOSCIENCE
RESEARCH PROTECTION OVERLAYS
JUPITER, THE TOWN ,OF MANG~NIA PARK, THE TOWN OF LAKE
This Interlocal Agreement is made the day of . MAR 1 I m# , 2006,
between Palm Beach County, a political subdivision of the State of Florida ("County"),
and the City of Palm Beach Gardens, the City of Riviera Beach, the Town of Mangonia
Park, the Town of Lake Park, and the Town of Jupiter, Florida municipal corporations
("Cities"). collectively referred to as "the Parties", each one constituting a public agency
as defined in Part I of Chapter 163, Florida Statutes.
WHEREAS, Section 163.01+, Florida Statutes, known as the "Florida Interlocal
Cooperation Act of 1969" authorizes local governments to make the most efficient use
of their powers by enabling them to cooperate with other localities on a basis of mutual
advantage and thereby to provide services and facilities that will harmonize geographic,
economic, population, and other factors influencing the needs and development of local
defined therein, to enter into interlocal agreements with each other to jointly exercise
any power, privilege, or authority which such agencies share in common and which
each might exercise separately; and
communities; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies, as
06-2 Text Amendment Staff Report 18 Biotechnology Research Protection Overlay
WHEREAS, the Cities and County recognize that the relocation of The Scn'pps
Research Institute's ("TSRJ") operdkms dntb Florida Atlantic University's John" D.
McArthur Campus ("FAU iter Campus") and a portion of the Briger Parcel in Palm
Beach Gardens ("Briger") will further the vision of the Governor and the State of Florida
to create an economic development cluster to support TSRI; and
i
'
WHEREAS, the Cities and County recognize that the creation of an economic
development cluster to support TSRI will ensure a diversified economy and provide
high-wage employment within Palm Beach County, the Treasure Coast Region, and the
State; and
WHEREAS, the Palm Beach County Board of County Commissioners elected to
enter into negotiations with TSRI for the relocation of its operations to the FAU Jupiter
Campus and to Brigei in reliance 'on the Cities' commitment to support an economic
I
development cluster in support of TSRI; and
WHEREAS, to fulfill this commitmbnt, the Cities and County have agreed to form
an'Advisory Board; and
WHEREAS, to fulfill this commitment, the Cities have each agreed to initiate and
consider amendments to their respective Comprehensive Plans that establish a
Bioscience Research Protection Overlay (''Overlay"), and that provide a super majority
vote requirement to protect land identified in the Overlay.
NOW THEREFORE, in consideration of the mutual representations, terms, and
covenants hereinafter set forth, the parties hereby agree as follows:
SECTION 1. The foregoing recitals are true and correct and are hereby incorporated
herein by reference.
il .-) 1' c 3 :-2 -J ,J Lk & ,&.
06-2 Text Amendment Staff Report 19 Biotechnology ReSearch Protection Overlay
D. Authority of Board.
The Board shall have the authority to:
SECTION 2. Bioscience Land Protection Advisory Board.
5
A. A Bioscience Land Protection Advisory Board is hereby established. The
purpose of the Board &all be to protect those lands which each of the Cities has
identified as being subject to a bioscience research area protection overlay.
5. The Board shall consist of seven (7) members with the Governor of the
State of Florida; Palm Beach County; the Towns of Jupiter, Lake Park, and Mangonia
Park; and the Cities of Palm Beach Gardens and Riviera Beach each appointing one (1)
regular member and one (1) alternate member. Each appointment shall follow the
same formal procedure the appointing entity uses for board or commission
appointments.
C. A quorum of the Board shall be necessary for it to conduct any business
and shall consist of four (4) memtters present and voting. The majority vote of those
present and voting shall be required to pass a motion. Each regular member shall have
one vote. An alternate member shall sit on behalf of the appointing entity and have a
vote only when the regular member of such entity is absent.
I
1. Analyze and make recommendations regarding: (a) applications to
rezone land or amend the future land use map designation for land; and
(b) proposed amendments to the land development regulations that
directly affect bioscience research uses on property within the Overlay.
No such application to rezone, amend the future land use map, or amend
the land development regulations pertaining to said property shall be
06-2 Text Amendment Staff Report f 20 Biotechnology Research Protection Overlay
considered unless the Board shall have conducted a public meeting on the
applicatidn and rendered a recommendation to the applicable governing
body; provided, however, in the event the Board fails to render a
recommendation within sixty (60) days after the staff of the applicable
governing body in which the land proposed for apprbval is located
determines that such application or request is COMplete for purposes of
\
review by the Board, the affected governing body may proceed to consider
and make a determination upon the applicatlon or request without
receiving a recommendation from the Board.
2. Plan for, and address the availability of, developed and
undeveloped land for bioscientiic trainingleducation, research, and related
uses and users. '
3. Assist in coordinating, integrating, and streamlining administrative
and regulatory procedures at the municipal, county, regional, and state
levels for bioscience research uses.
4. Consider and/or propose policy initiatives and legislative or
regulatory efforts to encourage and sustain the development of biomedical
r6search uses in the Overlay.
5. Set fees and charges as determined lo be necessary for direct
costs and expenses incurred by the Board in reviewing development
applications.
''
06-2 Text Amendment Staff Report 21 Biotechnology Research Protection Overlay
\ SECTION 3. Comprehensive Plan Amendments.
The Parties recognize that it may be necessary for the Cities to amend their
respective Comprehensive Plans to achieve the goals of this Interlocal Agreement.
Each City agrees to direct its respective staff to initiate plan amendments, no later than
its next regular round of comprehensive plan amendments, as may be necessary to
establish and protect a Bioscience Research Protection Overlay within its jurisdiction.
These proposed amendments shall include, at a minimum, amendments to the Future
Land Use Element and the Intergovernmental Coordination Element which provide for:
A.
B.
The creation of a Bioscience Research Protection Overlay which:
1.
2.
3.
4.
residential or commercial development
5. Contains policies providing mechanisms to coordinate planning
between local governments and ensure intergovernmental cooperation in
the development and implementation of the Overlay
A requirement for a super majority vote of the governing body to approve
Maps the properties subject to the Overlay.
Identifies perniitted uses within the Overlay.
Identifies prohibited uses within the Overlay.
Contains policies protecting lands subject to the overlay from
conversion of land uses on property within the Bioscience Research Protection Overlay.
- .. .,.... . . .. . _., . . .. ... .L.. ... ... . .... ,- . . . .
06-2 Text Amendment Staff Report + 22 Biotechnology Research Protection Overlay
SECTION 4. Financial Obligations.
A. Each city will provide technical support necessary to allow the Board to fully
review and make recommendations regarding projects in their respective jurisdictions
and %will provide other technical and logistical support to the extent determined
appropriate by each city.
B. County will provide technical support and logistical support to the Board 'to the
extent determined appropriate by the County.
C. If agreed to by the Parties in writing and subject to the appropriation by each
party, the Parties may agree to fund the operation of the Board, in whole or in part,
through annual appropriations, in amounts determined by the Board and agreed to by
each Party. 4
,SECTION 5. General Terms and Conditions.
This Agreement shall continue through March 14, 2016, but may be A.
extended by written agreement of the parties.
B. Any party may withdraw from this Agreement upon 365 days' written
notice to the other parties, thereby relieving the withdrawing party of all obligations and
benefits arising out of this Agreement.
-
C. This Agreement shall be construed by and governed by the laws of the
State of Florida. Venue shall be in circuit court for Palm Beach County, and each party
shall bear its own fees and costs.
D. The captions and section designations set forth herein are for
convenience only and shall have no substantive meaning.
::
06-2 Text Amendment Staff Report I 23 Biotechnology Research Protection Overlay
--- 11.-1. _.-._ ....- ~." _-._....__... ~.:-. . . . . . . .. . . . .
E. In the event that any section, paragraph, sentence, clause, or provision of
this Agreement is held by a court of competent jurisdiction to be invalid, such shall not
affect the remaining podons of this Agreement and the same shall remain in full force
and effect.
\
F. This Agreement represents the entire understanding between the parties,
and supersedes all other negotiations, representations, or agreement, written or oral.
relating to this Agreement.
G. This Agreement may be modified and amended only by written instrument
executed by the parties hereto.
H. None of the parties shall be considered the author of this Agreement since
the parties have participated in extensive negotiations and drafting and redrafting of this
document to arrive at a final Agreement. Thus, the terms of this Agreement shall not be
strictly construed against one party as opposed to another party based upon who
drafted it.
,
1. A copy of this Agreement shall be filed with the Clerk of the Circuit Court
in and for Palm Beach County pursuant to Section 163.01(1 I), Florida Statutes.
J.
K.
This document can be signed in counterparts.
All notices given under this Agreement shall be deemed sufficient to each
party when delivered by United States Mail, personal delivery or a nationally-recognized
overnight delivery service to the following:
06-2 Text Amendment Staff Report 24 Biotechnology Research Protection Overlay
'.
.- If to county: .
Scripps Program Manager
Palm Beach County
301 North Olive Avenue, 11" Floor
West Palm Beach, Florida 33401
With a copy to:
Chief Assistant County Attorney
Palm Beach County Attorney's Office
301 North Olive Avenue, Suite 601
West Palm Beach, Florida 33401
%
If to Palm Beach Gardens:
City Manager
City of Palm Beach Gardens
10500 N. Milltary.Trail,
Palm Beach Gardens, Florida 3341'0
With a copy to:
City Attorney
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
If to Jupiter:
Town Manager
Town of Jupiter
21 0 Military Trail
Jupiter, Florida 33458
With a copy to:
Town Attorney
Town of Jupiter
21 0 Military Trail
Jupiter, Florida 33458
?:
06-2 Text Amendment Staff Report ' 25 Biotechnology Research Protection Overlay
I
If to Lake Park:
Town Manager
Town of Lqke Park
535 Park Avenue
Lake Park, Florida 33403
With a copy to:
Town Attorney
Town of Lake Park
535 Park Avenue
Lake Park, florida 33403
1
If to Mangonia Park:
Town Manager
Town of Mangonia Park
1755 E. Tiffany Drive
Mangonia Park, FI 33407
With a copy to:
Town Attorney
Town of Mangonia Park
1755 E. Tiffany Drive
Mangonia Park, FI 33407
If to Riviera Beach:
City Manager
City of Riviera Beach
600 West Blue Heron Blvd.
Riviera Beach, Florida 33404
With a copy to:
City Attorney
City of Riviera Beach
600 West Blue Heron Blvd.
Riviera Beach, Florida 33404
- .- ............ - ..... .................. . __ --
06-2 Text Amendment Staff Report 26 Biotechnology Research Protection Overlay
Any party may change the address to which notices shall be given to such party
upon three (3) days' prior written notice to the other parties. The effective date of any
notice given hereunder shall be the date of delivery if by personal delivery or the date of
receipt if given by United States or overnight mail.
(The remainder of this page left intentionally blank)
1:
06-2 Text Amendment Staff Report ' , 27 Biotechnology Research Protection Overlay
IN WITNESS WHERE ’. F, the parties hereto have affixed their signatures on the‘ .-
day and year first above written.
ATTEST:
\ MAR I4
PALM BEACH COUNTY, FLORIDA, BY ITS
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
APPROVED AS TO TERMS AND
ATTEST: CITY OF PALM BEACH GARDENS,
FLORIDA
By: By: Patricia Snider, CMC, City Clerk Joseph R. Russo, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Christine P. Taturn. City Attorney
-. .. . . . . . -. .. .. . . . . . .. . .. . . .
;i ’ ..
06-2 Text Amendment Staff Report 28 Biotechnology Research Protection Overlay
ATTEST: TOWN OF JUPITER, FLORID&,
ATTEST: , PARK, FLORIDA
By: By:
Town Clerk Mayor
APPROVED AS TO FORM AND '
LEGAL SUFFICIENCY
By:
Town Attorney
ATTEST: TOWN OF MANGONIA PARK, FLORIDA , *
By: By:
Town Clerk Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Town Attorney
12
I
t
06-2 Text Amendment Staff Report ' 29 Biotechnology Research Protection Overlay +,
ATTEST: TOWN OF JUPITER, FLORIDA
By:
Town Clerk '
APPROVED AS TO FORffl AND
LEGAL SUFFICIENCY
By:
Mayor
By:
Town Attorney
ATTEST: TOWN OF LAKE PARK. FLOfUDA
APPROVED AS TO FORffl AND 4
LEGAL SUFFICIENCY
ATTEST: TOWN OF MANGONIA PARK, FLORIDA
By: By:
Town Clerk Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Town Attorney
06-2 Text Amendment Staff Report i 30 Biotechnology Research Protection Overlay
I
ATTEST: TOWN OF JUPITER, FLORIDA \.
By: \ By:
Town Clerk Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Town Attorney
ATTEST: TOWN OF LAKE PARK, FLORIDA
By: By:
Mayor Town Clerk
APPROVED AS TO FORM AND
LEGAL SUFFlClENCY
‘
By:
Town Attorney
‘Q)
TOWN OF MANGSbjlA PARK, FLORIDA ATTESJT: /--
06-2 Text Amendment Staff Report 31 Biotechnology Research Protection Overlay
CITY OF RlVlERA BEACH, FLORIDA
~~iA,..?i&&,---- -.
Michael D. Brobn, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
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FUTURE LAND USE ELEMENT
Future Land Use Categories
Future land use for Palm Beach Gardens is depicted using a total of 15 land use categories
including general land uses and recommended improvements associated with specific land
uses. Map A presents future land uses for Palm Beach Gardens. The map provides for the
projected land use needs to the year 201 5.
The Future Land Use Map represents a 2015 land use scenario. The map designates-an
urban growth boundary. Urban land uses are designated to the east of this boundary for all
areas that are not environmentally sensitive. Western lands are designated with rural or low
intensity land uses. The primary reason for this was to provide a long-term positive and
realistic expectation of orderly service provision, concurrent with the impact of
development.
The following is a description of Future Land Use Categories. These categories are further
explained and supplemented by the goals, objectives, and policies of this element.
?
Rural Residential (RR10 and RR20): Lying outside of the eastern, urban service area,
vacant properties have been designated with one of two rural sub-categories:
Rural Residential 10: one dwelling unit per ten acres
Rural Residential 20: one dwelling unit per twenty acres
Rural areas that are extremely wet are designated Rural Residential 20 to protect the wetland
values. The intent of the rural residential designations is to provide low intensity
development in these areas while encouraging more intense, compact growth in the eastern
areas and to prevent urban sprawl.
In the Rural Residential sub-categories, limited agricultural uses are expected to co-exist
with residential uses. Agricultural uses permitted within the Rural Residential category
must be compatible with the environmental characteristics and natural resources, as well as
with the lifestyle and quality of life of the residents.
Residential Very Low (RVL): The RVL category allows predominantly single family
detached residential development up to 1 .O unit per gross acre. The RVL category is also
allows clustered developments which preserve vast amounts of open space and natural
resources. Thus, large, planned community areas are permitted within this district even if
they contain several types of development so long as the overall gross density of the
''0 FUTURE LAND USE 1-1
development is consistent with that permitted under the RVL category.
Residential Low (RL): The RL category allows predominantly single family detached
residential development up to 4.0 units per gross acre. The RL category is intended to
accommodate developments comparable to PGA National, Steeplechase, and the older
residential parts of the City. Thus, large, planned community areas are permitted within this
district even if they contain several types of development as long as the overall gross
density of the development is consistent with that permitted under the RL category.
Residential Medium (RM): The Rh4 category is primarily located along the western side
of Central Boulevard between PGA Boulevard and Hood Road, and along the 1-95 corridor
between PGA Boulevard and Northlake Boulevard. Maximum density permitted within the
RM category is 7.0 dwelling units per gross acre. Again, planned community areas may
contain residential developments of higher net densities so long as the overall density of the
area is consistent with the RM category.
Residential High (RH): Property designated RH is intended to assist the private sector in
providing affordable housing in Palm Beach Gardens. It allows up to 10.0 dwelling units
per gross acre and is primarily located adjacent to major employment areas or contiguous to
major arterials which may accommodate mass transit facilities in the future.
Mobile Home (MH): The City has not proposed any new mobile home sites on the Future
Land Use Map; however, mobile homes parks are a permissible use in mixed use districts.
The existing mobile home park located at the northwest corner of PGA Boulevard and
Prosperity Farms Road is shown on the Future Land Use Map as a mobile home land use.
Maximum density permitted in the MH designation is 7.0 mobile homes per gross acre.
Individual mobile homes and manufactured homes are permitted on lots in all residential
categories - see Policy 3.1.3.8.
,Commercial (C): The C designation is intended to accommodate a wide range ofretail and
general commercial uses. It is a site-specific designation that depicts existing commercial
uses and proposes future commercial areas at primary intersections. The specific
regulations and uses associated with development within the areas designated C will be
determined during the zoning of the properties. Commercial land use activities will be
limited in intensity to a maximum lot coverage of 35% of the site and a maximum building
height of 50 feet. The land development regulations may further restrict intensities.
ProfessionaVOffice (PO): Property designated PO is for future or existing business and
office centers. The PO category was included in the plan to distinguish office uses from
more intensive commercial uses such as retail. Professional Office land use activities will
be limited in intensity to a maximum lot coverage of 35% of the site and a maximum
building height of 36 feet. The land development regulations may further restrict intensities.
FUTURE LAND USE 1-2
(0 Industrial (I): Future industrial development is designated north of PGA Boulevard
between 1-95 and Alternate A1 A, and south of PGA Boulevard near the Beeline Highway in
the western part of the City. Property designated I is to be used in an industrial park
arrangement. Development of such areas will promote a well landscaped environment with
internal circulation and buffering from existing and future surrounding land uses. Industrial
land use activities will be limited in intensity to a maximum lot coverage of 60% of the site
and a maximum building height of 50 feet. The land development regulations may further
restrict intensities.
PublidInstitutional (P): The P land use category designates existing and proposed public
and institutional facilities such as schools, libraries, fire stations and government offices.
These uses shall be limited in intensity to a maximum lot coverage of 40% of the site and a
maximum building height of 50 feet. Among the sites designated are the existing City Hall
at the intersection of Military Trail and Burns Road, existing school sites, and the Palm
Beach Community College and North County Courthouse on PGA Boulevard. Public and
institutional uses are allowed in all land use categories subject to limitations and locational
criteria identified in this Plan and/or outlined in the Palm Beach Gardens Zoning code.
These uses will be delineated on the Future Land Use Map at the next subsequent
amendment process. Public/institutional uses will be approved as conditional uses pursuant
to the Palm Beach Gardens Zoning Code if the specific rules and locational criteria
governing individual conditional uses are complied with. Certain intensive
public/institutional uses will not be allowed in residential areas, such as land fills, airports
and wastewater treatment plants.
RecreatiodOpen Space (ROS): The ROS category designates public parks and
recreation complexes, and protected open spaces. These activities will be limited in intensity
to a maximum lot coverage of 40% of the site and a maximum building height of 45 feet.
The land development regulations may further restrict intensities.
Commercial Recreation (CR): The CR designation has been provided to reflect and
accommodate major public and private commercial recreation facilities that meet a portion
of the recreational needs of residents and tourists. Many of these facilities were conceived
as profit-making enterprises and/or are in private ownership. Uses permitted within this
category include golf courses, outdoor and indoor recreational facilities such as tennis clubs,
amusement and sport centers, outdoor amphitheaters, hunting and gun clubs, and outdoor
wildlife attractions. Commercial recreation uses shall be approved and developed as a
Planned Community District or Planned Unit Development. These activities will be limited
in intensity to a maximum lot coverage of 40% of the site and a maximum building height
of 45 feet. The land development regulations may further restrict intensities.
Conservation (CONS): The Conservation designation applies to areas identified as
environmentally sensitive or environmentally significant which have been set aside as
(0 FUTURE LAND USE 1-3
protected preserves. Limited development, such as passive recreation or ecotourism
activities are permitted within this category. The intent of the designation is to ensure that
areas designated CONS are preserved or developed in a manner that is responsive to on-site
environmental constraints. Development within areas designated CONS shall not exceed a
density of 1 .O dwelling unit per 20 acres. Any development that does occur should preserve
environmentally sensitive areas by clustering development as appropriate.
Golf (G): The G category portrays areas specifically intended or used for golf courses.
This designation can include public and private golf courses.
Mixed Use Development (MXD): The MXD designation is designed for new development
which is characterized by a variety of integrated land use types. The intent of the district is
to provide for a mixture of uses on single parcels in order to develop sites which are
sensitive to the surrounding uses, desired character of the community, and the capacity of
public facilities to service proposed developments. This future land use designation is also
intended to foster infill and redevelopment efforts, to deter urban sprawl and to encourage
new affordable housing opportunities, as well as lessen the need for additional vehicular
trips through the internalization of trips within a neighborhood or project. To create a
functioning, multi-faceted type of development, mixed use development is dependent on the
successful integration of distinct uses. Integration is defined as the combination of distinct
uses on a single site where the impacts from differing uses are mitigated through site design
techniques, and where impacts from differing uses are expected to benefit from the close
immediate proximity of complementary uses. All requests for development approval based
on a mixed use concept must be able to demonstrate functional horizontal integration of the
allowable uses, and where applicable, vertical integration as well. The following are the
minimum criteria to be used for development of sites designated as MXD:
1. An MXD shall be developed as a Planned Community District or a Planned
Unit Development. However, land development regulations adopted to
implement this Comprehensive Plan shall maintain mixed-use supplemental
regulations to provide further criteria for the development of sites with
MXD Future Land Use designations-including parking requirements,
permitted uses, setbacks and other considerations.
2. MXDs shall have frontage on at least one arterial. The City’s Conceptual
Thoroughfare Plan shall be accommodated to expand the roadway network
through the provision of new local streets which serve new neighborhoods in
the City’s developing areas.
3. MXDs shall include a minimum of two (2) of the other Future Land Use
Categories described in this element. Residential must be one of these uses,
unless it is determined by the City Council that the proposed development
meets the criteria below established to waive the residential requirement.
No single use may comprise more than 60% of the area. Recognizing that
FUTURE LAND USE 1-4
mixed use projects have varying characteristics, intensity measures are
indicated below which provide flexibility in terms of minimum and
maximum land allocations. These intensity measures apply only within
MXD projects. The City Council may waive the maximum nonresidential
height limit for employment center buildings located at the intersection of
two arterials.
A. Critiera for a Non-Residential MXD:
The City Council may waive the mandatory residential requirement for any
MXD that meets any two of the following conditions:
1. The parcel represents in-fill development and is surrounded on three
sides by non-residential land uses including man-made and natural
barriers such as canals and major arterial roadways.
2. The densityhntensity of existing or future land uses immediately
surrounding the parcel are compatible with non-residential uses.
3. The adjacent surrounding planned and approved or existing built
environment is over 60% residential, and non-residential uses are
determined to provide for greater horizontal integration of uses.
4. Due to size or configuration of the parcel, the ability to provide an
economically feasible, sustainable, integrated residential component
that functions to enhance and complement the other MXD uses is
limited.
B. General Mixed Use Future Land Use Category Intensity Measures for Residential MXDs
Land Allocation Lot Coverage Height Land Use
Open Space Min 15%
Neighborhood Min 2%
Commerci a1 Max 30%
Residential High Min 20%
Max 60%
Max 70%
Max 50%
Max 4
F1
Max 4
F1
FUTURE LAND USE 1-5
Residential Low . Min 0% Max 50% Max 3
F1
Max 60%
Employment Center Min 2% Max 70% Max 4
Fl
Max 30%
Special Definitions:
Neighborhood Commercial land shall be used for community-serving retail, service,
office and business uses. At least 51% of the gross square footage of the
Neighborhood Commercial shall be contained in buildings having a two-story
character containing some actual two-story space. The City Council, acting upon a
recommendation by the Planning and Zoning Commission or the Local Planning
Agency, retains the right to grant or deny waivers from the requirement of this
provision.
Residential High land in MXD projects shall have a maximum density of 15
unitdacre as a bonus for consideration of planned, multi-faceted development. The
area allocated for Residential Low land and Residential High land shall not exceed
the 60% limitation, inclusive of both residential types.
Employment Center land shall be used for corporate offices, research and
educational facilities, light industry, hotels, warehousing, and similar uses.
Employment Center lots shall generally be grouped together.
C. General Mixed Use Future Land Use Category Intensity Measures for Non-
Residential MXDs
Land Use Land Allocation Lot Coverage Height
Open Space
Commerci a1
Recreation
Comm erci a1
Min 15%
Min 0% Max 50% Max 4
Max 30%
F1
Min 0% Max 50% Max 4
Max 60%
F1
FUTURE LAND USE 1-6
Industrial Min 0%
Max 60%
Institutional Min 0%
Max 60%
Professional Office Min 2% Max 70%
Max 60%
Max 60%
Max 50%
Max 4
F1
Max 4
F1
Max 4
F1
At least 5 1 % of the gross square footage of the Commercial use shall be contained
in buildings having a two-story character containing some actual two-story space.
The City Council, acting upon a recommendation by the Planning and Zoning
Commission or the Local Planning Agency, retains the right to grant or deny waivers
from the requirement of this provision.
Land Uses are defined as set forth in the Future Land Use Element; with the
exception of special land allocation, lot coverage and height requirements specified
for Non-Residential MXD developments.
4. The individual uses, buildings and/or developments pods within
MXD developments shall include interconnecting pedestrian ways
and plazas and shall provide connections to the Parkway System.
Nonresidential uses shall have an internalized relationship with the
residential component and multi-modal accessibility.
Density Reduction Land Use Overlay: A portion of the area commonly referred to as
TAZ 848, generally located north of PGA Boulevard, east of the Loxahatchee Slough and
west of the SUA wastewater treatment plant, is the subject of a land use overlay. The
density within this Overlay is reduced by fifty percent from the underlying land use
designation's potential density. This density reduction is necessitated by the environmental
constraints of the property and potential roadway capacity deficiencies. The result of the
density reduction is a gross density potential of two dwelling units per acre. Development
within the Overlay shall be concentrated to the least sensitive areas and shall be supported
by public facilities. No bonus density is applicable in this Overlay area. While a variety of
uses and use densitieshntensities may be approved as part of a residential PCD, the overall
impact of the densityhntensity shall not exceed that generated by a gross density of two
dwelling units per acre. Other requirements and regulations of the Palm Beach Gardens
FUTURE LAND USE 1-7
Code of Ordinances and Comprehensive Plan are applicable where not in conflict with the
provisions of this Overlay.
In addition to presenting the Future Land use categories described above, the Future Land
Use Map also includes two transportation components. The Transportation Element of this
Comprehensive Plan provides further details on these components.
Bioscience Research Protection Overlay (BRPO): The area desimated on the Future
Land Use Map includes land that has been determined to be appropriate to accommodate
Bioscience research / biotechnology uses. as well as other intellectual knowledge-based
industry sectors. “Bioscience uses” means those land uses that support scientific and
biotechnological research, including theoretical and applied research in all the sciences, as
well as product development and testing. Bioscience Uses shall include engineering, legal,
manufacturing, and marketing uses which support such research. Bioscience Uses shall also
include laboratories. educational facilities, and clinical research hospitals. Office uses,
limited support uses. and retail uses accessory to scientific research and development,
and workforce residential uses which support such research shall be considered Bioscience
Uses. City Council shall have the discretion to approve uses that support sustainability or
uses that provide supportive or secondary services that are determined to promote the
creation of the cluster, which shall be considered accessory uses, including, but not limited
to conferencehotel facilities, transit uses, or residential uses that provide a workforce or
attainable component.
Interchange (0): The Future Land Use Map designates eight interchanges within the City.
and PGA Boulevard; 1-95 and Military Trail; 1-95 and Donald Ross Road; and the Turnpike
and PGA Boulevard. The PGA Boulevard and Alternate A1A urban interchange is
currently under design and is programmed by FDOT for construction in 2000/2001. Two
future interchanges shown for 1-95 and Central Boulevard, and Northlake Boulevard and the
Turnpike will not be needed within the first five-year planning timeframe. However, they
are designated in order to anticipate their right-of-way requirements construction and to
recognize their potential impact on surrounding future land uses.
Five of the interchanges shown on the map are existing: 1-95 and Northlake Boulevard; 1-95 !
-
Parkway (0000): The Parkway designation is shown along some of the major arterials
within the City. The intent of the Parkway designation is to identify and preserve a corridor
of between 300 and 400 feet within which the arterial roadway can occur along with
bikeways, pedestrian paths, native vegetative greenways, linear parks, and landscaping. The
parkway cross-section will provide an aesthetically pleasing buffer between highly traveled
arterials and surrounding residential areas, as well as a safe byway for alternative modes of
transportation. The Parkway System has been designated as an urban component of the
Florida Greenway System. It is described in more detail in the Conservation and
Transportation Elements.
I
FUTURE LAND USE 1-8
One major objective of designating Parkways is to eliminate the perceived need of using
strip cbmmercial as a buffer between arterials and residential areas. Therefore, the Parkway
concept is integrated into the philosophy of designating commercial and employment areas
at intersections or "nodes", eliminating the need for strip commercial use.
Goals, Objectives and Policies
GOAL 1.1.: CONTINUE TO ENSURE A HIGH QUALITY LIVING
ENVIRONMENT THROUGH A MIXTURE OF LAND USES THAT WILL
MAXIMIZE PALM BEACH GARDENS' NATURAL AND MANMADE
RESOURCES WHILE MINIMIZING ANY THREAT TO THE HEALTH, SAFETY,
AND WELFARE OF THE CITY'S CITIZENS THAT IS CAUSED BY
INCOMPATIBLE LAND USES AND ENVIRONMENTAL DEGRADATION.
Objective 1.1.1.: The City shall continue to maintain land development regulations to
manage future growth and development in a manner that provides needed facilities
and services, protects environmental resources, and discourages the proliferation of
urban sprawl.
Policy 1.1.1.1.: The City shall continue to maintain land development regulations to ensure
that they contain specific and detailed provisions intended to implement the adopted
Comprehensive Plan, and which as a minimum:
- a. Regulate the subdivision of land;
b. Regulate the use of land and water consistent with this element and ensure the
compatibility of adjacent land uses and provide for open space;
c. Protect areas designated Conservation on the Future Land Use Map and hrther
described in the Conservation, Coastal Management, and Recreation and Open
Space Elements of this Comprehensive Plan;
d. Minimize the impacts of land use on water quality and quantity and regulate
development which has a potential to contaminate water, soil, or crops;
e. Regulate areas subject to seasonal and periodic flooding and provide for drainage
and stormwater management consistent with the Infrastructure Element of this
Comprehensive Plan;
f. Protect potable water wellfields and aquifer recharge areas;
g. Regulate signage;
0 FUTURE LAND USE 1-9
h.
1.
j.
k.
1.
m.
Ensure safe and convenient on-site traffic flow and vehicle parking needs;
Discourage urban sprawl through the following strategies:
establishing moderate densities and varied housing opportunities in urban
areas
mixed-use and clustering requirements
promoting urban infill development and redevelopment
locational requirements
establishing an urban growth boundary and distinct urban and rural service
areas
directing public investment to existing urban areas, and
annexation and extraterritorial planning agreements.
Require landscape buffers and gardens using predominately native species and other
appearance measures to maintain a high visual quality;
Provide that development orders and permits shall not be issued which result in a
reduction of the levels of service for the affected public facilities below the level of
service standards adopted in this Comprehensive Plan; and
Provide for the assessment of impact fees or dedication of land and facilities to
off-set costs assumed by the City or other governmental agencies for the provision
of facilities or services required by new development.
Cooperate with Seacoast Utility Authority through cooperation on the Seacoast
Utility Board to insure the maximum utilization of their water and wastewater
transport plan so as to implement the economic expansion of facilities within
definitive service boundaries.
Policy 1.1.1.2.: The City shall maintain land development regulations which .permit
residential development only at densities equal to or less than the following:
a. Rural Residential 20 (RR20) - up to a maximuin of 0.05 dwelling units per gross
acre, or one unit per twenty acres;
FUTURE LAND USE 1-10
b. Rural Residential 10 (RR10) - up to a maximum of 0.1 dwelling units per gross acre,
or one unit per ten acres;
Residential Very Low (RVL) - up to a maximum of 1.0 dwelling units per gross
acre;
c.
d. Residential Low (RL) - up to a maximum of 4.0 dwelling units per gross acre;
e. Residential Medium (RM) - up to a maximum of 7.0 dwelling units per gross acre;
f. Residential High (RH) - up to a maximum of 10.0 dwelling units per gross acre;
g. Mobile Home (MH) - up to a maximum of 7.0 mobile homes per gross acre
Policy 1.1.1.3.: The City shall maintain land development regulations which permit Mixed
Use Developments (MXD) which shall implement the following concepts:
1. An MXD shall be developed as a Planned Community District or a Planned
Unit Development. However, land development regulations adopted to
implement this Comprehensive Plan shall maintain mixed-use supplemental
regulations to provide further criteria for the development of sites with
MXD Future Land Use designations-including parking requirements,
permitted uses, setbacks and other considerations.
2. MXDs shall have frontage on at least one arterial. The City's Conceptual
Thoroughfare Plan shall be accommodated to expand the roadway network
through the provision of new local streets which serve new neighborhoods in
the City's developing areas.
3. MXDs shall include a minimum of two (2) of the other Future Land Use
Categories described in this element. Residential must be one of these uses,
unless it is determined by the City Council that the proposed development
meets the criteria below established to waive the residential requirement.
No single use may comprise more than 60% of the area. Recognizing that
mixed use projects have varying characteristics, intensity measures are
indicated below which provide flexibility in terms of minimum and
maximum land allocations. These intensity measures apply only within
MXD projects. The City Council may waive the maximum nonresidential
height limit for employment center buildings located at the intersection of
two arterials.
A. Critiera for a Non-Residential MXD:
FUTURE LAND USE 1-11
The City Council may waive the mandatory residential requirement for any
MXD that meets any two of the following conditions: -
1.
1
The parcel represents in-fill development and is surrounded on three
sides by non-residential land uses including man-made and natural
barriers such as canals and major arterial roadways.
2. The densityhntensity of existing or future land uses immediately
surroundingthe parcel are compatible with non-residential uses.
3. The adjacent surrounding planned and approved or existing built
environment is over 60% residential, and non-residential uses are
determined to provide for greater horizontal integration of uses.
4. Due to size or configuration of the parcel, the ability to provide an
economically feasible, sustainable, integrated residential component
that functions to enhance and complement the other MXD uses is
limited.
.
B. General Mixed Use Future Land Use Category Intensity Measures for Residential MXDs
Land Use Land Allocation
Open Space Min 15%
Neighborhood Min 2%
Commercial Max 30%
Residential High Min 20%
Max 60%
Residential Low Min 0%
Max 60%
Min 2%
Max 30%
Employment Center
Special Definitions:
Lot Coverage Height
Max 70% Max 4
F1
Max 50% Max 4
F1
Max 50% Max 3
F1
Max 70% Max 4
F1
g.
I
FUTURE LAND USE 1-12
Neighborhood Commercial land shall be used for community-serving retail, service,
office and business uses. At least 51% of the gross square footage of the
Neighborhood Commercial shall be contained in buildings having a two-story
character containing some actual two-story space. The City Council, acting upon a
recommendation by the Planning and Zoning Commission or the Local Planning
Agency, retains the right to grant or deny waivers from the requirement of this
provision.
Residential High land in MXD projects shall have a maximum density of 15
units/acre as a bonus for consideration of planned, multi-faceted development. The
area allocated for Residential Low land and Residential High land shall not exceed
the 60% limitation, inclusive of both residential types.
Employment Center land shall be used for corporate offices, research and
educational facilities, light industry, hotels, warehousing, and similar uses.
Employment Center lots shall generally be grouped together.
C. General Mixed Use Future Land Use Category Intensity Measures for Non-Residential
MXDs
Land Use
Open Space
Commercial
Recreation
Commercial
Industrial
Ins ti tutional
Professional Office
FUTURE LAND USE (0
Land Allocation
Min 15%
Min 0%
Max 30%
Min 0%
Max 60%
Min 0%
Max 60%
Min 0%
Max 60%
Min 2%
Max 60%
1-13
Lot Coverage Height
Max 50% Max 4
F1
Max 50'0/,
Max 60%
Max 50%
Max 70%
Max 4
F1
Max 4
F1
Max 4
F1
Max 4
F1
At least 5 1 % of the gross square footage of the Commercial use shall be contained
in buildings having a two-story character containing some actual two-story space.
The City Council, acting upon a recommendation by the Planning and Zoning
Commission or the Local Planning Agency, retains the right to grant or deny waivers
from the requirement of this provision.
Land Uses are defined as set forth in the Future Land Use Element, with the
exception of special land allocation, lot coverage and height requirements specified
for Non-Residential MXD developments.
t
The individual uses, buildings and/or development within MXD developments shall
include interconnecting pedestrianways and plazas and shall provide connections to
the Parkway System. Nonresidential uses shall have an internalized relationship
with the residential component and multi-modal accessibility.
Policy 1.1.1.4.: The City shall maintain land development regulations which provide for a Planned
Community District (PCD) which shall implement the following concepts:
a. The intent of a Planned Community District (PCD) is to permit a large area to be
developed under one master plan that includes different land use types at several
different levels of intensity. Collector roads and development "pods" are shown as
part of the master development plan. Supporting documentation is also included
which describes the development intensities assigned to each pod and any
restrictions in use or site design requirements. The pods are then developed as
individual site plans.
b. Although a variety of uses and use intensities may be approved as part of a
residential PCD, the overall density must be consistent with the underlying Future
Land Use designation of the area. For the purposes of this Comprehensive Plan, the
City Council may approve the following bonus densities for areas developed as
PCDs:
Rural Residential 20 (RR20): Up to 0.05 units per gross acre.
Rural Residential 10 (RR10): Up to 0.1 units per gross acre.
Residential Very Low (RVL): Up to 1 .O units per gross acre.
FUTURE LAND USE 1-14
Residential Low (RL): Up to 5.0 units per gross acre.
Residential Medium (RM): Up to 9.0 units per gross acre.
Residential High (RH): Up to 12.0 units per gross acre.
In addition to the above, PCDs with an underlying Future Land Use designation of
RH may have densities permitted up to 15.0 units per gross acre, based on one
additional unit of density allowed for every 10% of native’ecological habitat put
into a preserve within the PCD up to a maximum of 15.0 units per gross acre. These
preserve areas would be over and above the minimum preservation and open space
areas provided in accordance with standard PCD requirements, and must be
incorporated into the Parkway system.
c.
d. In addition to the above, PCDs with an underlying Future Land Use designation of
RH may have densities permitted up to 15.0 dwelling units per gross acre for the
provision of affordable housing, as defined in this Plan. Parcels within PCDs may
be eligible for a density bonus for Assisted Living Facilities pursuant to Policy
3.1.4.6., except in Coastal High Hazard Areas that are the Category 1 Hurricane
Evacuation Zones.
e. Through the PCDs flexibility, the City Council may grant waivers to the non-
residential intensities described previously.
Site plans for pods which are developed within Planned Community Districts shall
be developed according to the densities and intensities assigned to them under the
Planned Community District master plan documentation.
‘0 f.
Policy 1.1.1.5.: The City shall maintain land development regulations which provide for a
Planned Unit Development (PUD) technique which shall implement the following concepts:
a. The intent of a Planned Unit Development (PUD) is to ensure the desired character
of the community is furthered or enhanced on development sites within the City,
particularly on sites where the development proposed is rather intense. Master plans
for Planned Unit Developments include, at a minimum, site plans showing all local
roads and landscaping plans. Supporting documentation is also to be included
which indicates, at a minimum, development phasing and a list ofpermitted uses for
commercial and industrial PUDs.
b. In exchange, for the extra review requirements imposed by the PUD process,
developers may propose plans that would not otherwise be permitted under by-right
zoning districts. These may include a mixture of uses not found within any of the
by-right zoning districts and/or density bonuses and/or waivers to non-residential
intensities described previously.. For the purposes of this Comprehensive Plan, the
@ FUTURE LAND USE 1-15
I City Council may approve the following bonus densities for areas developed as
Planned Unit Developments:
Rural Residential 20 (RR20): Up to 0.05 units per gross acre.
Rural Residential 10 (RRlO): Up to 0.1 units per gross acre.
Residential Very Low (RVL): Up to 1 .O units per gross acre.
Residential Low (RL): Up to 5.0 units per gross acre.
Residential Medium (RM): Up to 9.0 units per gross acre.
Residential High (RH): Up to 12.0 units per gross acre.
c. In addition to the above, PUDs with an underlying Future Land Use designation of
RH may have densities permitted up to 15.0 dwelling units per gross acre for the
provision of affordable housing, as defined in this Plan. PUDs may be eligible for a
density bonus for Assisted Living Facilities pursuant to Policy 3.1.4.6., except in
Coastal High Hazard Areas that are the Category 1 Hurricane Evacuation Zones.
Policy 1.1.1.6.: The City shall maintain development regulations which address the location
and extent of non-residential land uses in accordance with the Future Land Use Map and the
policies and descriptions of types, sizes, densities, and intensities of land uses contained in
this element.
Policy 1.1.1.7: The City shall ensure the availability of suitable land for public and
institutional uses (as defined on page 1-3) necessary to support development by:
Designating land on the Future Land Use Map for publichstitutional use. The City
shall support and facilitate coordination of school planning with the School District
of Palm Beach County for the location and development of public education
facilities. The City'shall identify sufficient land to accommodate Public Educational
Facilities as necessary to serve the current and projected student population. At a
minimum, proposed school sites shall meet the State Requirements for Educational
Facilities (SREF), plus a ten percent capacity flexibility allowance, and shall be
sized to accommodate all needed utilities, support facilities and adequate buffering
of surrounding land uses.
2. Allowing public/institutional uses in certain land use categories subject to
limitations and locational criteria as identified in this Plan. Such locational criteria
shall include the following standards:
FUTURE LAND USE 1-16
(a) Public/Institutional buildings shall be specifically prohibited in
areas designated as Conservation and other environmentally
sensitive lands, including wetlands, 100-year floodplains,
groundwater aquifer recharge areas, areas set aside by development
to meet the 25 percent preservation of native ecological communities
and wildlife habitats. New or Expanded Public/Institutional
Facilities shall not be encouraged within the coastal area and shall
meet the requirements of the Coastal Management Element.
(b) Public/Institutional Uses shall be located in areas where there are
adequate transportation facilities to support the proposed use based
on the adopted level of service standard for traffic circulation.
Preference shall be given to the location of such uses and facilities
along City collectors and arterials as may be appropriate.
(c) Public/Institutional Uses shall be limited in intensity to a
maximum lot coverage of 40% of the site and a maximum building
height of 50 feet, unless the property is specifically designated as
Mixed-Use, in which case the provisions of Policy 1.1.1.3 (C) shall
apply, and the intensity limitations shall be a maximum lot coverage
of 50% and a maximum building height of four (4) stories.
(d) Schools shall be considered as compatible and allowable in areas
designated with any residential land use category (RR20, RRlO,
RVL, RL, RM, RH). Further, schools shall be considered
public/institutional uses and be allowable within areas designated
industrial (IND) and public/institutional (P/I) on the Future Land Use
Map. Other institutional uses such as, libraries, fire stations and
government offices shall be considered compatible in medium and
high density residential areas and all non-residential land use
categories in which such uses are not specifically prohibited as cited
in this comprehensive plan. Public/institutional uses may be
permitted within all residential Planned Unit Developments and
Planned Community Districts, subject to master plan approval and
limitations and locational criteria as identified in this Plan.
(e) Public/Institutional Uses shall be buffered from adjacent land
uses and shall be set back from adjacent roadways. Buffering for
noise, odors, glare and lights shall be provided. Setbacks shall be a
minimum of 25 feet in the front, 15 feet in the sides and rear and
buffers shall be a minimum of 5 feet. Buffers and setbacks may be
increased depending on the characteristics of the proposed
public/institutional use. Stadiums, outdoor recreational facilities and
FUTURE LAND USE (0 1-17
similar support facilities shall be located and buffered on the
proposed site to minimize impacts on adjacent properties.
Communication towers on school or other public property shall be
consistent with the siting and safety criteria contained in the Land
Development Regulations and shall require City Council approval.
(f) Landfills, airports, and wastewater treatment plants shall not be
allowed in residential areas and shall require a comprehensive plan
amendment to the Public/Institutional (P) land use designation prior
to zoning and site plan approval.
(g) Public/Institutional sites shall be capable of accommodating
adequate parking and onsite traffic circulation requirements to
satisfy current and projected site-generated vehicular demand.
Policy 1.1.1.8.: The City shall evaluate whether it’s feasible to further simplify and
streamline the existing regulatory programs of the City, and shall continue existing
mechanisms to monitor the effectiveness of the regulatory programs. At a minimum, land
development regulations shall be evaluated every five years, coinciding with the EAR-based
amendments to the comprehensive plan.
Policy 1.1.1.9.: The City shall encourage linkages which connect or gather residents and
business owners of different neighborhoods and promote a sense of community. This shall
be accomplished through 1) implementation of the Conceptual Linkage Plan (Map I) and
Parkway System, as described further in the Conservation and Transportation Elements; 2)
connection of neighborhoods, shopping, schools and parks through an expanded
sidewalWpathway system, discussed further in the Transportation Element; 3) promotion of
gathering (people) places in new development projects; and 4) installation of entry features
along major arterials, including signage, art and landscaping which identify Palm Beach
Gardens as a city and community.
Objective 1.1.2.: Development orders and permits for development or redevelopment
activities shall be issued only if the protection of natural resources is ensured and
consistent with the goals, objectives, and policies of the Conservation, Infrastructure
and Coastal Management Elements of this Comprehensive Plan.
Policy 1.1.2.1.: Development activities within areas designated on the Future Land Use
Map as Conservation shall be comparable with the allowable activities for such areas as
described in this element.
Policy 1.1.2.2.: Species of flora and fauna listed in the Conservation and Coastal Elements
of this Comprehensive Plan as endangered, threatened, or species of special concern shall be
protected through the development review and approval process.
FUTURE LAND USE 1-18
Policy 1.1.2.3.: The City shall protect potable water wellfields and prime aquifer recharge
areas through the implementation of the Palm Beach County Wellfield Protection
Ordinance.
Policy 1.1.2.4.: Proposals for development within the 100-year floodplain as identified by
the Federal Emergency Management Agency shall conform with local regulations for
development in such areas.
Policy 1.1.2.5.: The City shall maintain stormwater management regulations which require
that development is carried out in a manner that recognizes and preserves the region's
natural drainage systems, including the Loxahatchee Slough and interconnected flow-ways,
consistent with South Florida Water Management District rules and regulations found in
Chapter 40E-4,40E-40, and 40E-400, F.A.C.
Policy 1.1.2.6.: The developer/owner of any site shall be responsible for the management of
run-off consistent with the goals, objectives, and policies of the Stormwater Management
Sub-Element of this Comprehensive Plan.
Policy 1.1.2.7.: The City shall maintain development regulations containing specific
standards and criteria designed to protect environmentally serisitive lands consistent with the
goals, objectives and policies of the Conservation Element.
Policy 1.1.2.8: The City shall adopt regulations consistent with the Boat Facility Siting Plan
for Palm Beach County which restricts marine-oriented uses as follows: New multi-family
projects with marina facilities and new dry storage facilities are not permitted. The total
number of new wetslips per jurisdiction are limited to a maximum of 50 slips, provided that
the local government has demonstrated a need for additional public access in the
comprehensive plan. One additional single-lane public boat ramp with a limit of 15 parking
spaces for vehicles having a trailer may be permitted per jurisdiction, provided that the local
government has demonstrated a need for the additional public access in its comprehensive
plan.
Objective 1.1.3.: Development orders and permits for development and redevelopment
activities shall be issued only in those areas where suitable topography and soil
conditions exist to support such development.
Policy 1.1.3.1.: All proposed development of other than individual residences shall include
a soils analysis prepareduby a professional licensed to prepare such an analysis which shall
include the ability of the soil structure to support the proposed development.
Policy 1.1.3.2.: All proposed development shall be located in a manner such that the natural
topographic features of a site are not adversely altered so as to negatively affect the drainage
FUTURE LAND USE 1-19
of neighboring properties or visual aesthetics of the area.
Objective 1.1.4.: Development orders and permits for development and
redevelopment activities shall be issued only in areas where public facilities necessary
to meet level of service standards (which are adopted as part of the Capital
Improvements Element of this Comprehensive Plan) are available concurrent with the
impacts of development. 4
Policy 1.1.4.1.: The City shall maintain development regulations to provide that public
facilities and services be available concurrent with the impacts of development to meet the
level of service standards establi,shed in the Capital Improvements Element of the City's
Comprehensive Plan. Concurrency Management System requirements shall include the
following:
1) Demonstration that the impacts from a proposed development comply with the adopted
level of service standards in the City.
2) Determination of concurrency prior to the processing of the application for a development
permit.
3) Certification of concurrency shall be secured prior to an applicant receiving a
development order, this may be in the form of certificate of exemption, certificate of
concurrency reservation, or certificate of conditional concurrency reservation.
4) Certification of concurrency shall be valid for the time set forth in the development order
and any amendments thereto, otherwise the certificate is valid for two years. If a time
extension is not granted, the concurrency certificate shall automatically expire, and no
further development activity can occur without obtaining an appropriate concurrency
certificate.
Policy 1.1.4.2.: Public facilities and utilities shall be located to:
a. Maximize the use and efficiency of services provided;
b. Minimize their costs;
c.
,
Minimize their impacts on the natural environment; and
d. Maximize consistency with the goals, objectives, and policies of this
Comprehensive Plan.
Policy 1.1.4.3.: Prior to major annexation, a facilities and services extension plan shall be
prepared and adopted. This plan shall:
FUTURE LAND USE 1-20
I'
I
‘0 a. Establish the location, level of service standards and phasing for each facility and
service to be extended by the City;
b. Require all development or redevelopment activities to occur in conjunction with
the provision of the community facilities and services without exceeding the level of
service standards established in the Capital Improvements Element of the Plan;
c. In order to encourage infill development and reduce urban sprawl, future annexation
ordinances shall reserve the right of the City to discourage development and
redevelopment activities within proposed future annexation areas until such time as
facilities and services are extended in accordance with the plan, even if facilities and
services are offered by a developer in advance of the plan phasing.
d. A comprehensive plan amendment shall be undertaken by the property owner during
the City’s next round of amendments to incorporate the parcel into the Plan. Upon
the effective date of the comprehensive plan amendment, rezoning to a City zoning
district shall be initiated.
Policy 1.1.4.4.: The City shall consider appropriate means, such as bonding through the
Northern Palm Beach County Improvement District, to guarantee that the
rights-of-way/easements required for Parkways are identified, acquired, and improved.
Policy 1.1.4.5.: The City shall encourage partnership between the private and public sector
in the provision of public facilities.
‘0
Objective 1.1.5.: Future growth, development, and redevelopment shall be directed to
areas as depicted on the Future Land Use Map, consistent with: sound planning
principles; minimal natural limitations; the goals, objectives, and policies contained
within this Comprehensive Plan; and the desired community character.
Policy l.lS.l.(a).l: For that area bounded by Florida’s Turnpike to the east, PGA
Boulevard to the south, and the former (June 13,1989) city limits to the west, which
generally coincide with the eastern boundary of the Loxahatchee Slough and generally the
northern alignment of the Donald Ross Road extension, the City shall impose the following
requirements, and shall maintain, land development regulations necessary to implement
these requirements.
1. All proposed development shall include a minimum of 250 acres which shall be
rezoned to Planned Community District (PCD) and contain, at a minimum, a master
development plan and supporting documentation which describes what the
development is to include and how it is to proceed (phasing). All proposed collector
roads within the development shall be shown as part of the PCD master plan. A
‘0 FUTURE LAND USE 1-21
2.
3.
4.
5.
6.
7.
8.
1.
waiver from the minimum size threshold may be granted by the City Council for
existing parcels of lesser size as of February 19, 1998.
Individual development I1pods" within an approved PCD shall undergo site plan
review which shall include, at a minimum, site plans, landscape plans, and all
proposed local roads.
The overall density of PCDs in this area shall not exceed the maximum density
permitted under the land use category.
Up to 2% of the gross land area of a PCD may be developed for commercial or
office use.
Up to 5% of the gross land area of a PCD may be developed for commercial or
office use if significantly large areas (1 0% or more) of native ecological habitats are
preserved within the PCD over and above those preserve or open space areas which
may be required as a minimum. Such habitat preservation areas shall be confined to
only a few large areas, rather than scattered throughout, and shall be connected to
the parkway system.
If the entire area covered in this policy is developed under one PCD master
development plan, an additional 50 acres of commercial land use may be permitted
over and above the 2% and 5% criteria described previously.
Up to 2% of the gross land area of a PCD may be developed for industrial uses.
All PCDs shall be subject to the provisions of the Conceptual Linkage Plan for
Northwest Palm Beach Gardens as described in Future Land Use, Transportation,
and Conservation elements.
Thk master development plan shall be consistent with and implement the City's
Conceptual Thoroughfare Plan.
Policy 1.1.5.1.(a).2: For all properties west of the urban growth boundary (Loxahatchee
Slough), the City shall impose the following requirements, and shall land development
regulations necessary to implement these requirements.
1. Development shall be consistent with rural densities and intensities and shall receive
services consistent with the adopted level of service standards for the rural area. All
proposed development shall include a minimum of 250 acres which shall be rezoned
to either: 1) Planned Community District (PCD) and contain, at a minimum, a
master development plan indicating all proposed collector roads and supporting
documentation which describes what the development is to include and how it is to
FUTURE LAND USE 1-22
2.
3.
4.
5.
6.
proceed (phasing); or 2) Planned Unit Development (PUD) which shall include, at a
minimum, site plans, landscape plans, and all proposed collector and local roads.
All site plans developed within PCDs shall be subject to the densities and intensities
assigned to them under the PCD master plan documentation. A waiver from the
minimum size threshold may be granted by the City Council for existing parcels of
lesser size as of February 19, 1998. The City Council may also grant a waiver to
allow government entities to develop properties, of less than five acres, west of the
City's urban growth boundary if the site is designated Conservation on the Future
Land Use Map and if the site is restricted or related to conservation purposes,
passive recreation use, or pedestrian trails.
Individual development "pods" within an approved PCD shall undergo site plan
review which shall include, at a minimum, site plans, landscape plans, and all
proposed local roads.
The overall density of PCDLPUDs in this area shall not exceed the maximum
density permitted under the land use category.
Site design shall be sensitive to the natural resources and environmental
characteristics of the property.
All PCD/PUDs shall be subject to the provisions of the Conceptual Linkage Plan for
Northwest Palm Beach Gardens as described in the Future Land Use,
-Transportation, and Conservation element.
The master development plan shall be consistent with and implement the City's
Conceptual Thoroughfare Plan.
Policy 1.1.5.1.(b): A land use overlay is hereby established and depicted on the Future
Land Use Map. This Density Reduction Land Use Overlay shall reduce the density potential
within the residential area of what is commonly referred to as TAZ 848 by fifty percent,
resulting in a maximum gross density potential of two dwelling units per acre, with no
provision for a density bonus. Although a variety of uses and use intensities may be
approved as part of a residential PCD, the gross density shall be consistent with the density
restrictions of this Overlay and shall not exceed the impact of that generated by two
dwelling units per acre. Development within the Overlay shall be clustered to the least
environmentally sensitive areas and shall be supported by adequate facilities. The
regulations and requirements of the Palm Beach Gardens Code of Ordinances and
Comprehensive Plan are applicable where not in conflict with the provisions of this
Overlay, including Policy 1.1.5.1 (a).
Policy 1.1.5.2(a): For those areas which were annexed into the City in 1988 and which are
located within that area bounded by Donald Ross Road to the North, PGA Boulevard to the
South, Central Boulevard to the east, and Florida's Turnpike to the west, 'the City shall
'0 FUTURE LAND USE 1-23
1'
impose the following requirements, and shall maintain, land development regulations
necessary to implement these requirements.
1. All proposed development shall be rezoned to either: 1) Planned Community
District (PCD) and contain, at a minimum, a master development plan indicating all
proposed collector roads and supporting documentation which describes what the
development is to include and how it is to proceed (phasing); or 2) Planned Unit
Development (PUD) which shall include, at a minimum, site plans, landscape plans,
and all proposed collector and local roads. All site plans developed within PCDs
shall be subject to the densities and intensities assigned to them under the PCD
master plan documentation.
(8 1
! t
FUTURE LAND USE 1-24
2. With City Council approval of a density bonus, the overall density of PCDs or
PUDs in this area shall not exceed: 5.0 units per gross for those areas designated
as RL; 9.0 units per gross acre for those areas designated RM; and 12 units per
gross acre for those areas designated RH.
3. In addition to the above, PCDs with an underlying Future Land Use designation of
RH may have densities permitted up to 15.0 units per acre if significahtly large areas
(1 0% or more) of native ecological habitats, in addition to the otherwise required
open space and preserves, are preserved within the PCD. One additional unit of
density may be allowed for each 10% of habitat which is preserved, up to a
maximum of 15.0 units per acre. These preserve areas would be over and above the
minimum preservation and open space areas provided in accordance with standard
PCD requirements, and must be linked to the Parkway system.
4. Up to 3% of the gross land area of a residential PCD or PUD may be developed for
commercial or office use. However, these uses shall be restricted to neighborhood
commercial uses as they are defined in the City's least intensive commercial zoning
district.
5. Up to 5% of the gross land area of a residential PCD may be developed for
commercial or office use if significantly large areas (10% or more) of native
ecological habitats, in addition to the otherwise required open space and preserves,
are preserved within the PCD over and above those preserve or open space areas
which may be required as a minimum. Such habitat preservation areas shall be
confined to only a few large areas, and be connected to the Parkway system. These
uses shall be restricted neighborhood commercial uses as they are defined in the
City's least intensive zoning district.
6. If the entire area designated as RM on the Future Land Use Map on the west side of
Central Boulevard between 1-95 and PGA Boulevard is developed under one PCD
master development plan, an additional 10 acres of commercial land use may be
. permitted over and above the 3% and 5% criteria described previously.
7. All PCDs or PUDs shall be subject to the provisions of the Conceptual Linkage Plan
for Palm Beach Gardens as described in the Future Land Use, Transportation, and
Conservation element.
8. The master development plan shall be consistent with and implement the City's
Conceptual Thoroughfare Plan.
0 FUTURE LAND USE 1-25
Policy 1.1.5.2(b): For those areas which are located within that area bounded by Donald
Ross Road to the north, PGA Boulevard to the south, Alternate A1A to the east and Central
Boulevard to the west, the City shall impose the following requirements, and shall maintain
land development regulations necessary to implement these regulations:
1. All proposed development shall be rezoned to either: 1) Planned Community
District (PCD) and contain, at a minimum, a master development plan indicating all
proposed collector roads and supporting documentation which describes what the
development is to include and how it is to proceed (phasing); or 2) Planned Unit
Development (PUD) which shall include, at a minimurri, site plans, landscape plans,
and all proposed collector and local roads. All site plans developed within PCDs
shall be subject to the densities and intensities assigned to them under the PCD
master plan documentation.
2. With City Council approval of a density bonus, the overall density of PCDs or PUDs
in this area shall not exceed: 5.0 units per gross acre for those areas designated as
RL; 9.0 units per gross acre for those areas designated RM; and 12 units per gross
acre for those areas designated RH.
3. In addition to the above, PCDs with an underlying Future Land Use designation of
RH may have densities permitted up to 15.0 units per acre if significantly large areas
(1 0% or more) of native ecological habitats, in addition to the otherwise required
open space and preserves, are preserved within the PCD. One additional unit of
density may be allowed for each 10% of habitat which is preserved, up to a
maximum of 15.0 units per acre. These preserve areas would be over and above the
minimum preservation and open space areas provided in accordance with standard
PCD requirements, and must be linked to the Parkway system.
Up to 3% of the gross land area of a residential PCD or PUD may be developed for
commercial or office use. However, these uses shall be restricted to neighborhood
commercial uses as they are defined in the City's least intensive commercial zoning
district.
4.
5. Up to 5% of the gross land area of a residential PCD may be developed for
commercial or office use if significantly large areas (10% or more) of native
ecological habitats are preserved within the PCD over and above those preserve or
open space areas which may be required as a minimum. Such habitat preservation
areas shall be confined to only a few large areas, and be connected to the Parkway
system where possible. These uses shall be restricted neighborhood commercial
uses as they are defined in the City's least intensive zoning district.
6. All PCDs or PUDs shall be subject to the provisions of the Conceptual Linkage Plan
for Palm Beach Gardens as described in the Future Land Use, Transportation, and
FUTURE LAND USE 1-26
Conservation element.
7. The master development plan shall be consistent with and implement the City=s
Conceptual Thoroughfare Plan.
Policy 1.1.5.3.: For that area designated as Industrial on the Future Land Use Map bounded
by PGA Boulevard to the south, the Florida East Coast Railroad to the east, and 1-95 to the
west, the City shall impose the following requirements, and shall maintain land
development regulations which are necessary to implement these requirements:
1. No vehicular access shall be permitted across the north boundary of the site.
2. Site design shall incorporate significant setbacks from the iurface water area
formally designated open space (ROS), which separates the parcel from those to the
north, and include buffering techniques to mitigate impacts on adjacent land uses.
Policy 1.1.5.4.(a): The City shall maintain planned development area (PDA) zoning to all
undeveloped non-conservation for which a development plan has not been approved by the
City. The PDA zoning shall apply to all properties over 10 acres in size and in the urban
area, shall be regarded a "holding zone" until development of the said properties is requested
pursuant to the comprehensive plan. At the time of the rezoning of the land from PDA to
PUD or PCD, the underlying land use shall guide the intensity and type of development. All
proposed development shall be of character consistent with the urban or rural distinctions
established by the Urban Growth Boundary (Policy 1.1.5.4.(b)). The permitted uses, in the
urban area, under the PDA district shall include single-family residences at the density of
one dwelling unit per ten acres, public parks and recreation facilities, and as conditional
uses agriculture and institutional uses such as churches and fire stations. Permitted uses in
the rural area shall include single-family residences at a density consistent with the Future
Land Use designation (1 du/lO ac or 1 du/20ac), agriculture and public safety facilities.
Agricultural uses shall not be permitted in environmentally sensitive preservation areas.
Development within PDA shall be clustered and, in the urban area, shall be supported by
potable water, sanitary sewer and adequate roadway facilities. Septic tanks shall be
prohibited in the urban area in the PDA except for an individual single-family residence,
however, in the rural area, septic tanks are the standard. Uses in the rural area shall receive
services consistent with the adopted level of service standards. The rezoning of PDA to
PUD or PCD shall occur only when the applicable urban and rural services and facilities
necessary to support the intensity of such development will be in place concurrent with the
impacts of the development. The extension of public facilities into areas zoned PDA shall
be consistent with the urban and rural level of service standards, maximize the use of
existing facilities and services, encourage compact urban development and discourage the
proliferation of urban sprawl. Concurrent with rezoning to PCD/PUD, any uses not
permitted by the underlying land use category shall cease consistent with the phasingplan of
the approved PCD/PUD.
FUTURE LAND USE 1-27
Policy 1.1.5.4.(b): In order to prevent urban sprawl and promote cost effective and efficient
service delivery, the City shall designate an Urban Growth Boundary (UGB) which
generally coincides with the eastern boundary of the Loxahatchee Slough. The UGB shall
be designated on the Future Land Use Map (Map A). The UGB divides the City into
distinct areas, urban and rural. These two distinct areas shall be designated with land uses
(densities and intensities) consistent with urban and rural characteristics and shall receive
public services and facilities at levels appropriate for such urban and rural uses, as defined
in the Capital Improvement Element
Policy 1.1.5.5.: In The City shall maintain land development regulations requiring
residential neighborhoods to be designed to include an efficient system of internal
circulation, including the provision of collector streets, to feed traffic onto arterial roads and
highways. New development shall accommodate new local roads depicted on the
Conceptual Thoroughfare Plan.
Policy 1.1.5.6.: In The City shall maintain land development regulations requiring
subdivisions to be designed so that all individual lots have access to the internal street
system, and lots along the periphery are buffered fi-om major roads and incompatible land
uses.
Policy 1.1.5.7.: By the year 2000, the location of a district park shall be selected;
acquisition negotiations shall be established with the property owner; recreational facilities
shall be identified; and funding strategies shall be determined in conjunction with Palm
Beach County.
Policy 1.1.5.8.: Owners of property containing uses not consistent with the Comprehensive
Plan and Land Development Regulations, made inconsistent or nonconforming by the City
or other governing agencies, may continue such legal nonconforming use provided that the
following conditions are met. These legal nonconforming uses will not be allowed to
expand, will not be allowed to be moved or relocated, will not be allowed to be
reestablished if ceased for a six (6) consecutive month period or eighteen (18) months
within a three (3) year period, or if damaged or destroyed by more than 50% of their value.
Legal nonconforming uses are defined as lots, structures, and uses of land and structures that
were lawful before the adoption or amendment of a regulation, but which would be
prohibited, regulated or restricted under the terms of the regulation or future-amendment.
However, if the nonconforming use is a multifamily residential project of more than 250
units, the City Council may permit an increase in the number of rooms or square footage of
individual residential units, provided that the maximum density of the affected land-use is
not exceeded and conformity with the current Land Development Regulations will be
required.
Policy 1.1.5.9: The Western Northlake Boulevard Corridor Planning Area shall be
FUTURE LAND USE 1-28
I
I
delineated on the 201 5 Future Land Use Map. This area is generally located south of the
Beeline Highway; west of the West Palm Beach Water Catchment Area; east of the J.W.
Corbett Wildlife Management Area and Seminole Pratt Whitney Road; and north of the
southern boundary of Ibis, Rustic Ranches, Bay Hill Estates, and Hamlin Boulevard.
Through an interlocal agreement, the City, Palm Beach County and the City of West Palm
Beach shall provide for a means of intergovernmental cooperation in implementing the
recommendations of the Western Northlake Boulevard Corridor Land Use Study, dated June
8, 1998. The provisions of this interlocal agreement shall establish'a procedure for
heightened review of local land use change petitions and development permit applications.
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.
Policy 1.1.6.1.: Development orders and permits for future development ' and
redevelopment activities shall be issued only in areas possessing the appropriate Future
Land Use designation and that are consistent with the goals, objectives, and policies of this
Comprehensive Plan. .
Policy 1.1.6.2.: All proposed commercial and industrial development requiring a change on
the Future Land Use Map in order to be approved shall submit a market study indicating the
economic feasibility of the development and the locational advantage over existing
commercial and industrial lands.
Policy 1.1.6.3.: The City shall coordinate future annexation areas (Map J) with the affected
land owners, governments, and agencies for the future annexation and land uses of these
areas.
Policy 1.1.6.4.: New commercial properties shall be developed in nodes, at intersections
rather than strips. A mix of uses within commercial developments shall be encouraged,
including residential, and parks and open space.
Policy 1.1.6.5.: PGA Boulevard shall be developed as the "Main Street" of Palm Beach
Gardens using the following techniques:
a. Following completion of the PGA Boulevard/Alternate A1 A urban interchange, a
new CRALLS (Constrained Roadway at a Lower Level of Service) Level of Service
Standard for PGA Boulevard shall be determined in coordination with Palm Beach
County, the Regional Planning Council, and the State Department of Transportation
with the maximum number of lanes being six;
b. The City shall maintain the PGA design guidelines as regulations which require the
FUTURE LAND USE 1-29
utilization of landscaping, boulevard strips, pedestrian walkways, bikeways, buffers,
and setbacks to emphasize the various functions of PGA Boulevard as a divider of
different land uses and as a center of the City.
Policy 1.1.6.6: Within two years after it has been determined that the Tri-Rail will utilize
the FEC tracks and serve northeastern Palm Beach County, the City shall undertake a study
of the vacant lands lying within one quarter mile of the FEC railroad line paralleling
Alternate A1A. The purpose of this study is to determine the location(s) best suited for a
future train station and appropriate uses for vacant lands in order to promote transit-oriented
development. The findings shall be incorporated into the Evaluation and Appraisal Report
and any desired changes to the Plan shall be identified as future EAR-based amendments.
The study shall consider desired forms of development patterns outlined in the Treasure
Coast Strategic Regional Policy Plan.
Policy 1.1.6.7.: The City shall initiate proactive efforts to expand the economic base of the
City, working within the framework of existing economic agencies and groups, such as the
North County Mayors Economic Development Group, the Palm Beach County Business
Development Board and County Economic Development Department. Strategies shall
include considering the creation of a City Economic Development Advisory Board to create
an economic element of the comprehensive plan; improving communication and forging
alliances with major property owners in order to coordinate efforts in attracting new
businesses; accelerating the development approval process; encouraging redevelopment of
distressed properties; and maintaining points of contact with economic development
agencies.
Objective 1.1.7.: The City shall maintain land development regulations containing
standards and provisions which encourage the elimination or reduction of uses
inconsistent with the City's character and future land uses.
Policy 1.1.7.1.: Expansion or replacement of land uses which are incompatible with the
Future Land Use Plan shall be prohibited.
Policy 1.1.7.2.: Regulations for buffering incompatible land uses shall be set forth in the
City's land development regulations.
Objective 1.1.8.: The City shall improve coordination with affected and appropriate
governments and agencies to maximize their input into the planning and development
process and mitigate potential adverse impacts of future development and
redevelopment activities.
Policy 1.1.8.1.: The Future Land Use Element of the City's Comprehensive Plan shall
locate residential areas and establish densities in coastal areas in a manner consistent with
the Palm Beach County Comprehensive Emergency Management Plan.
FUTURE LAND USE 1-30
Policy 1.1.8.2.: The City shall cooperate with the Palm Beach Countywide
Intergovernmental Coordination Program and/or Treasure Coast Regional Planning Council
to settle land use disputes between the City and adjacent municipalities or unincorporated
areas.
Policy 1.1.8.3.: Requests for development orders or permits shall be coordinated, as
required, with Palm Beach County, adjacent municipalities, the Countywide
Intergovernmental Coordination Program, Treasure Coast Regional Planning Council, South
Florida Water Management District, and state and federal agencies.
Objective 1.1.9.: The City, in coordination with the Northlake Boulevard Corridor
Task Force, shall pursue various means to encourage improvement, enhancement,
renovation or redevelopment of the older properties along Northlake Boulevard, east
of Military Trail, and thereby arrest a decline in the quality of land uses and the
consequent negative impact on taxable values and the overall aesthetic appearance of
the corridor.
Policy 1.1.9.1.: A Northlake Boulevard Overlay Zoning District (NBOZ) shall be adopted in
the City's zoning regulations and shall be depicted on the City's Official Zoning Map. The
NBOZ shall apply to all properties along Northlake Boulevard, east of Military Trail, for
one property depth north and south of Northlake Boulevard, including the properties in all
four quadrants of the intersection at Military Trail. The NBOZ shall address zoning
regulations, architectural design guidelines, landscaping regulations, signage regulations and
development standards.
Obiective 1.2.: The City shall create a Bioscience Research Protection Overlay
(BRPO) for the purpose of promoting Bioscience research / biotechnology uses and
deterring the conversion of those uses to commercial or residential uses.
Policy 1.2.1.1.: The uses permitted and encouraged within the BRPO shall include science /
biotechnology research uses and their supporting facilities; laboratories; other industrial uses
including manufacturing uses: clinical research hoslnitals; and commercial, commercial
retail or office uses that are accessory or ancillary to Bioscience research / biotechnology
uses. The City shall adopt and maintain land development regulations which encourage
Bioscience Uses. The uses prohibited within the BRPO shall include heavy manufacturing
industrial uses, intensive commercial uses and single-family residential, with the exception
of those that include workforce or attainable housing programs. The BRPO does not limit
the uses currently allowed consistent with the property's existing land use designation and
zoning desipnation including uses allowed pursuant to planned development approvals and
development of regional impact approvals.
Policy 1.2.1.2.: The Bioscience Research Protection Overlay (BRPO) shall be depicted
FUTURE LAND USE 1-31
upon the City’s Future Land Use Map and the City’s Official Zoning Map.
Policv 1.2.1.3.: The City shall encourage Bioscience Uses within the BRPO to achieve, in
coordination with the County and adiacent municipalities. a clustering of Bioscience Uses
and thus to promote intellectual exchange between researchers, scientists, students and
others in the Bioscience industry workforce.
Policv 1.2.1.4.:. The City shall adopt and maintain land development rewlations that
provide incentives for Bioscience development and encourage a predominance of
Bioscience Uses to develop a cluster of the industry within the BRPO.
Policv 1.2.1.5.: The land use designation of parcels of land within the BRPO may not be
changed to eliminate Bioscience Uses without the vote of four members of the Palm Beach
Gardens City Council. The City shall adopt and maintain land development regulations that
do not permit rezoning of lands within the BRPO that would eliminate Bioscience Uses
without the vote of four members of the Palm Beach Gardens City Council. The limitation
on conversion of uses does not apply to permitted, conditional, and approved uses allowed
in a planned development and/or development of regional impact. Nothing in this policy
shall be interpreted to abropate rights that have been vested under law for uses that are not
Bioscience Uses. The Citv land development regulations shall establish an administrative
,process to review claims of vested rights under this policy.
FUTURE LAND USE 1-32
Date Prepared: April 20, 2006
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ORDINANCE 18,2006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING THE FUTURE LAND
USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF
PALM BEACH GARDENS RELATING TO THE CREATION OF A
BIOSCIENCE RESEARCH PlROTECTlON OVERLAY (BRPO); AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on February 21, 2006, the City Council of the City of Palm Beach
Gardens authorized the staff to initiate comprehensive plan amendments necessary to
effectuate the City’s economic development goals and objectives consistent with the
commitments made to locate Scripps Florida within the City ; and
WHEREAS, the City recognizes that the location of The Scripps Research
Institute’s (“TSRI”) operations onto Florida Atlantic University’s John D. McArthur
Campus (“FAU Jupiter Campus”) and a portion of the Briger Parcel in Palm Beach
Gardens (“Briger”) will further the visio,n of the Governor and the State of Florida to
create an economic development cluster to support TSRI; and
WHEREAS, the City recognizes that the creation of an economic development
cluster to support TSRI will ensure a diversified economy and provide high-wage
employment within Palm Beach County, the Treasure Coast Region, and the State; and
WHEREAS, to fulfill this commitment, the City has agreed to initiate and consider
amendments to its Comprehensive Plan that establishes a Bioscience Research
Protection Overlay (BRPO), and that provides a super majority vote requirement to
protect land identified in the Overlay; and
WHEREAS, on August --, 2006, the Planning, Zoning, and Appeals Board, sitting
as the duly constituted Local Planning Agency for the City, recommended approval of a
text amendment to the Future Land Use Element of the Comprehensive Plan of the
City; and
WHEREAS, the City Council finds that the subject amendment is consistent with
the City’s,Comprehensive Plan; and
WHEREAS, the City Council finds that the subject amendment is co‘nsistent with
Sections 163.31 84 and 163.31 87, Florida Statutes; and
WHEREAS, the City Council acknowledges that this amendment is subject to the
provisions of Sections 163.31 84(9) and 163.31 89, Florida Statutes, and that the City
shall maintain compliance with all provisions thereof; and
Date Prepared: April 20, 2006
Ordinance 18, 2006
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WHEREAS, the City has received public input and participation through public
hearings before the Local Planning Agency and the City Council in accordance with
Section 163.31 81 , Florida Statutes; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION I. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The Future Land Use Element of the City's Comprehensive Plan is
hereby amended to read as follows (strikethrough deletions and underline additions):
FUTURE LAND USE ELEMENT
**********
Future Land Use Categories
***
Density Reduction Land Use Overlay: A portion of the area commonly referred to as
TAZ 848, generally located north of PGA Boulevard, east of the Loxahatchee Slough
and west of the SUA wastewater treatment plant, is the subject of a land use overlay.
The density within this Overlay is reduced by fifty percent from the underlying land use
designation's potential density. This density reduction is necessitated by the
environmental constraints of the property and potential roadway capacity deficiencies.
The result of the density reduction is a gross density potential of two dwelling units per
acre. Development within the Overlay shall be concentrated to the least sensitive areas
and shall be supported by public facilities. No bonus density is applicable in this
Overlay area. While a variety of uses and use densities/intensities may be approved as
part of a residential PCD, the overall impact of the densitylintensity shall not exceed that
generated by a gross density of two dwelling units per acre. Other requirements and
regulations of the Palm Beach Gardens Code of Ordinances and Comprehensive Plan
are applicable where not in conflict with the provisions of this Overlay.
In addition to presenting the Future Land use categories described above, the Future
Land Use Map also includes two transportation components. The Transportation
Element of this Comprehensive Plan provides further details on these components.
Bioscience Research Protection Overlay (BRPO): The area desiqnated on the
Future Land Use Map includes land that has been determined to be appropriate to
accommodate Bioscience research / biotechnoloqv uses, as well as other intellectual
2
Date Prepared: April 20, 2006
Ordinance 18,2006
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knowledge-based industry sectors. “Bioscience uses” means those land uses that
support scientific and biotechnological research, including theoretical and applied
research in all the sciences, as well as product development and testing. Bioscience
Uses shall include engineering, legal. manufacturing, and marketing uses which support
such research. Bioscience Uses shall also include laboratories, educational facilities,
and clinical research hospitals. Office uses, limited support uses, and retail uses
accessow to scientific research and development, and workforce residential uses which
support such research shall be considered Bioscience Uses. Citv Council shall have
the discretion to approve uses that support sustainabilitv or uses that provide supportive
or secondary services that are determined to promote the creation of the cluster, which
shall be considered accessory uses, including, but not limited to conference/hotel
facilities, transit uses, or residential uses that provide a workforce or attainable
component.
***
Objective 1.2.: The City shall create a Bioscience Research Protection Overlay
[BRPO) for the purpose of promoting Bioscience Uses and deterring the
conversion of those uses to commercial or residential uses.
Policy 1.2.1 .I .: Biosciences Uses shall be permitted and encouraged within the BRPO.
The City shall adopt and maintain land development regulations which encourage
Bioscience Uses. The uses prohibited within the BRPO are those uses prohibited in the
underlying land use designation, excluding those uses set forth in the Bioscience Use
definition. The BRPO does not limit the uses currently allowed consistent with the
property’s existing land use designation and zoning designation including uses allowed
pursuant to planned development approvals and development of regional impact
approvals.
Policy I .2.1.2.: The Bioscience Research Protection Overlay (BRPO) shall be depicted
upon the City’s Future Land Use Map and the City’s Official Zoning Map.
Policy I .2.1.3.: The City shall encourage Bioscience Uses within the BRPO to achieve,
in coordination with the County and adjacent municipalities, a clustering of Bioscience
Uses and thus promote intellectual exchanqe among researchers, scientists, students
and others in the Bioscience industry workforce.
Policy 1.2.1.4.: The City shall adopt and maintain land development regulations that
provide incentives for Bioscience development and encourage a predominance of
Bioscience Uses to develop a cluster of the industrv within the BRPO.
Policy 1.2.1.5.: The land use designation of parcels of land within the BRPO may not
be changed to eliminate Bioscience Uses without the vote of four members of the Palm
Beach Gardens City Council. The City shall adopt and maintain land development
regulations that do not permit rezoning of lands within the BRPO that would eliminate
Bioscience Uses without the vote of four members of the Palm Beach Gardens City
3
Date Prepared: April 20, 2006
Ordinance 18, 2006
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Council. The limitation on conversion of uses does not apply to permitted, conditional,
and approved uses allowed in a planned development and/or development of regional
impact. Nothing in this policv shall be interpreted to abrogate rights that have been
vested under law for uses that are not Bioscience Uses. The Citv land development
regulations shall establish an administrative process to review claims of vested rights
under this policv.
SECTION 3. The City Growth Management Administrator is hereby directed to
transmit the proposed Comprehensive Plan Amendment and supporting data, analysis,
and other relevant material to the Department of Community Affairs of the State of
Florida and other appropriate public agencies, and upon adoption of this Ordinance is
further directed to ensure that this Ordinance and all other necessary documents are
forwarded to the Florida Department of Community Affairs and other agencies in
accordance with Section 163.31 84(3), Florida Statutes.
SECTION 4. The effective date of this plan amendment shall be the date a final
order is issued by the Department of Community Affairs or Administration Commission
finding the amendment in compliance in accordance with Section 163.31 84( l)(b),
Florida Statutes, whichever is applicable. If a final order of noncompliance is issued by
the Administration Commission, this, amendment may nevertheless be made effective
by adoption of a resolution affirming its effective status, a copy of which resolution shall
be sent to the Florida Department of Community Affairs, Division of Community
Planning, Plan Processing Team. An adopted amendment whose effective date is
delayed by law shall be considered Rart of the adopted plan until determined to be not in
compliance by final order of the Administration Commission. Then, it shall no longer be
part of the adopted plan unless the local government adopts a resolution affirming its
effectiveness in the manner provided by law.
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1 Date Prepared: April 20, 2006
Ordinance 18, 2006
PASSED this day of , 2006, upon first reading.
PASSED AND ADOPTED this day of , 2006, upon
second and final reading.
CITY OF PALM BEACH GARDENS
BY:
Joseph Russo, Mayor
Jody Barnett, Vice Mayor
Eric Jablin, Councilmember
David Levy, Councilmember
Hal R. Valeche, Councilmember ~
ATTEST:
BY:
Patricia Snider, City Clerk I
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY 1
BY:
Christine P. Tatum, City Attorne,y
5
FOR AGAINST ABSENT
’Y ECONOMIC DEVELOPMENT ELEMENT
i
Goals, Objectives and Policies
GOAL 13.1.: THE ECONOMIC GOAL OF THE CITY OF PALM BEACH GARDENS IS TO
ACHIEVE A BALANCED AND DIVERSIFIED ECONOMY WHICH IS COMPATIBLE
WITH THE CITY’S QUALITY BUILT ENVIRONMENT AND PROTECTS IMPORTANT
NATURAL RESOURCES.
Objective 13.1.1.: Balanced and Diversified Economy
Palm Beach Gardens shall maintain and expand a diversified economy by encouraging growth
in targeted cluster industries that provide high-wage employment and complement changing
economic conditions by supporting existing businesses and by retaining and improving
resource-based sectors, such as tourism, retirement, and recreation.
Policy 13.1.1.1.: The City shall continue to attract industries and employers in cluster industries such
as biotechnology, communications, information technology, medical products, marine biology,
aerospace research, and associated ancillary businesses;
Policy 13.1.1.2.: The City shall assist the retention and growth of existing businesses within the City,
particularly those that provide high-wage employment or that support or complement those (0 employment sectors.
Policy 13.1.1.3.: The City shall conserve and enhance the natural and recreational resources that
provide the foundation of the City’s retirement, recreation, and tourist based economic sectors.
Policy 13.1.1.4.: The City shall allocate adequate commercial, industrial, and residential acreage
through mechanisms such as zoning and land use plans to meet future needs of a diversified
economy.
Policy 13.1.1.5.: The City shall monitor and report annual economic growth regarding increases in
the employment and average wages for targeted industries.
Policy 13.1.1.6.: The City shall maintain and develop programs to encourage and facilitate the
expansion and relocation of target industries in the City, including, but not limited to:
Implement a targeted expedited permitting program for companies that are expanding
operations or moving into the City so that value-added employment may be created at a faster
pace; and
‘0 ECONOMIC DEVELOPMENT 13-1
Continuing to review land development processes to determine where opportunities for
streamlining the approval process can be accomplished; and
Continuing to work with the Office of Tourism, Trade and Economic Development to facilitate
expedited review of qualifjmg projects; and
Continuing to improve working relationships between government and the business
community and support the economic development efforts of private organizations.
Policy 13.1.1.7.: The City shall adopt and maintain land development regulations that provide
incentives for the development of Bioscience Uses (as defined in the Future Land Use Element) and
encourage the clustering of those uses within the City and particularly within the BRPO).
Policy 13.1.1.8.: The City shall ensure that an adequate amount of land is desimated and zoned to
catepories that permit Bioscience Uses. >
Objective 13.1.2.: Moderate Seasonality in Employment
The City shall promote year-round tourism to moderate seasonal employment fluctuations in
the retail and service sectors.
Policy 13.1.2.1.: The City shall work with the County Tourist Development Council to promote
growth in year-round tourism, including increased use of the “bed tax” for that purpose.
I
Objective 13.1.3.: Increased Opportunity for Small Business Enterprises
The City shall support efforts to increase the number, viability, and growth of small business
enterprises to further strengthen and diversify the economy.
Policy 13.1.3.1.: The City shall collect, develop, and disseminate information related to small
business opportunity, and minority and women business enterprises.
Policy 13.1.3.2.: The City shall support small businesses by encouraging their participation in City-
funded projects.
Policy 13.1.3.3.: The City shall facilitate productive support and assistance within all City
departments for the relocation or expansion of established small businesses.
Objective 13.1.4.: Availability of Education and Training Opportunities
The City shall provide leadership to the ongoing efforts to improve the public education system
in order to encourage industry to locate or expand in Palm Beach Gardens. The City shall
encourage participation of business, economic, and educational leaders and institutions in this
effort.
Policy 13.1.4.1.: The City shall encourage education and training institutions to provide education
ECONOMIC DEVELOPMENT 13-2
and research programs that meet the needs of targeted cluster industries, and encourage supplemental
education to support existing businesses and programs to stimulate new business development.
Policy 13.1.4.2.: The City shall strengthen its relationships with local higher education institutions,
such as Palm Beach Community College and Florida Atlantic University, by providing opportunities
for faculty and students to participate in City programs that encourage economic development and
education.
Policy 13.1.4.3.: The City shall support the location of high school, vocational, universities, and
research and development training institutions proximate to economic development centers in the
City, and support high school, vocational school, universities, and research and development training
programs oriented to preparing students for success in targeted economic development sectors.
Objective 13.1.5.: Balance between Man-Made and Natural Environment
The City shall maintain the quality, of its balance between man-made and natural
environments as a means of attracting and maintaining target industries and retaining a
healthy foundation for its economy.
Policy 13.1.5.1.: The City shall encourage balance and growth in retail trade and services by
continuing to support existing regional retail services while implementing planned growth patterns to
foster neighborhood-based services to serve local needs.
Policy 13.1.5.2.: The City shall accommodate balanced growth and housing needs ofthe City’s labor
force by encouraging the availability of attainable housing to persons earriing a livelihood or
choosing to reside in Palm Beach Gardens. a,
Policy 13.1.5.3: The City shall maintain adequate infrastructure to accommodate managed growth.
Policy 13.1.5.4: The City shall continue to provide for attractive open spaces and sustainable natural
environments that enhance the quality of life in the City and protect the functions of important
regional environmental resources.
‘0 ECONOMIC DEVELOPMENT 13-3
Date Prepared: April 20,2006
1 ORDINANCE 19,2006
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING THE ECONOMIC
DEVELOPMENT ELEMENT OF THE COMPREHENSIVE PLAN OF
THE CITY OF PALM BEACH GARDENS RELATING TO THE
CREATION OF A BIOSCIENCE RESEARCH PROTECTION
OVERLAY (BRPO); AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on February 21, 2006, the City Council of the City of Palm Beach
Gardens authorized the staff to initiate comprehensive plan amendments necessary to
effectuate the City’s economic development goals and objectives consistent with the
commitments made to locate Scripps Florida within the City ; and
WHEREAS, the City recognizes that the location of The Scripps Research
Institute’s (“TSRI”) operations onto Florida Atlantic University’s John D. McArthur
Campus (“FAU Jupiter Campus”) and a portion of the Briger Parcel in Palm Beach
Gardens (“Briger”) will fudher the vision of the Governor and the State of Florida to
create an economic development cluster to support TSRI; and
WHEREAS, the City recognizes that the creation of an economic development
cluster to support TSRI will ensure a diversified economy and provide high-wage
employment within Palm Beach County, the Treasure Coast Region, and the State; and
WHEREAS, to fulfill this commitment, the City has agreed to initiate and consider
amendments to their Comprehensive Plan that establishes a Bioscience Research
Protection Overlay (BRPO), and that provides a super majority vote requirement to
protect land identified in the Overlay; and
WHEREAS, on August --, 2006, the Planning, Zoning, and Appeals Board, sitting
as the duly constituted Local Planning Agency for the City, recommended approval of a
text amendment to the Economic Development Element of the Comprehensive Plan of
the City; and
WHEREAS, the City Council finds that the subject amendment is consistent with
the City’s Comprehensive Plan; and
WHEREAS, the City Council finds that the subject amendment is consistent with
Sections 163.31 84 and 163.31 87, Florida Statutes; and
WHEREAS, the City Council acknowledges that this amendment is subject to the
provisions of Sections 163.31 84(9) and 163.31 89, Florida Statutes, and that the City
shall maintain compliance with all provisions thereof; and
Date Prepared: April 20,2006
Ordinance 19, 2006
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WHEREAS, the City has received public input and participation through public
hearings before the Local Planning Agency and the City Council in accordance with
Section 163.31 81, Florida Statutes; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The Economic Development Element of the City’s Comprehensive
Plan is hereby amended to read as follows (strikethrough deletions and underline
additions):
ECONOMIC DEVELOPMENT ELEMENT
**********
Policy 13.1.1.6.: The City shall maintain and develop programs to encourage and
facilitate the expansion and relocation of target industries in the City, including, but not
limited to:
0 Implement a targeted expedited permitting program for companies that are
expanding operations or moving into the City so that value-added employment may
be created at a faster pace; and
0 Continuing to review land development processes to determine where
opportunities for streamlining the approval process can be accomplished; and
Continuing to work with the Office of Tourism, Trade and Economic Development
to facilitate expedited review of qualifying projects; and
0 Continuing to improve working relationships between government and the
business community and support the economic development efforts of private
organizations.
Policy 13.1 .I .7.: The City shall adopt and maintain land development regulations that
provide incentives for the development of Bioscience Uses (as defined in the Future
Land Use Element) and encourage the clustering of those uses within the City and
particularly within the BRPO).
Policy 13.1 .I .8.: The City shall ensure that an adequate amount of land is designated
and zoned to categories that permit Bioscience Uses.
2
Date Prepared: April 20,2006
Ordinance 19. 2006
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***
SECTION 3. The City Growth Management Administrator is hereby directed to
transmit the proposed Comprehensive Plan Amendment and supporting data, analysis,
and other relevant material, to the Department of Community Affairs of the State of
Florida and other appropriate public agencies, and upon adoption of this Ordinance is
further directed to ensure that this Ordinance and all other necessary documents are
forwarded to the Florida Department of Community Affairs and other agencies in
accordance with Section 163.31 84(3), Florida Statutes.
SECTION 4. The effective date of this plan amendment shall be the date a final
order is issued by the Department of Community Affairs or Administration Commission
finding the amendment in compliance in accordance with Section 163.31 84( 1 )( b),
Florida Statutes, whichever is applicable. If a final order of noncompliance is issued by
the Administration Commission, this amendment may nevertheless be made effective
by adoption of a resolution affirming its effective status, a copy of which resolution shall
be sent to the Florida Department of Community Affairs, Division of Community
Planning, Plan Processing Team. An adopted amendment whose effective date is
delayed by law shall be considered part of the adopted plan until determined to be not in
compliance by final order of the Administration Commission. Then, it shall no longer be
part of the adopted plan unless the local government adopts a resolution affirming its
effectiveness in the manner provided by law.
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Date Prepared: April 20, 2006
Ordinance 19,2006
I
PASS ED this day of , 2006, upon first reading.
PASSED AND ADOPTED this day of , 2006, upon
second and final reading.
CITY OF PALM BEACH GARDENS FOR
BY:
Joseph Russo, Mayor
Jody Barnett, Vice Mayor
Eric Jablin, Councilmember
David Levy, Councilmember
Hal R. Valeche, Councilmember
ATTEST:
BY:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
AGAINST ABSENT
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INTERGOVERNMENTAL COORDINATION ELEMENT
Goals, Obiectives and Policies
GOAL 8.1.:: ESTABLISH EFFECTIVE COORDINATION MEASURES AMONG ALL
BEACH GARDENS' QUALITY OF LIFE AND EFFICIENT USE OF RESOURCES.
PERTINENT PUBLIC AND QUASI-PUBLIC ENTITIES SO TO BEST MAINTAIN PALM
Objective 8.1.1.: The City shall continue to maintain formal, specific means of coordination
with adjacent municipalities, the county, state, and federal agencies who have permitting and
regulating authority, and quasi-public entities which provide services but lack regulatory
authority in Palm Beach Gardens.
Policy 8.1.1.1.: The City, through its involvement with Seacoast Utility Authority and in
conjunction with the City Engineer, shall review all plans for water and sewage systems when these
improvements are to be maintained by the city after construction.
Policy 8.1.1.2.: The City shall notify Palm Beach County and surrounding municipalities in writing
(prior to the application being considered by the City Planning and Zoning Commission) of all
development applications received by the City requiring a Development Review Committee meeting.
Policy 8.1.1.3.: Palm Beach Gardens shall request that the state regulatory agencies create liaisons
with the City. For example, the SFWMD recently implemented a program which has assisted liaison
within the county.
Policy 8.1.1.4.: Through the City Council, the City Manager shall be responsible for ensuring an
effective intergovernmental coordination program for Palm Beach Gardens.
Policy 8.1.1.5.: The City shall utilize the Palm Beach Countywide Intergovernmental-Coordination
Process as a regular formal forum in which to deal with issues unique to Palm Beach County and the
municipalities therein. The Multi-Jurisdictional Issues Coordination Forum shall be utilized as a
means of collaborative planning for matters of interjurisdictional significance including, but not
limited to, the siting of facilities with countywide significance and locally unwanted land uses.
Policy 8.1.1.6.: The City shall request that the Treasure Coast Regional Planning Council (TCRPC)
play a more active role in issues between the City and Palm Beach County, and between federal and
state agencies and Palm Beach Gardens.
Policy 8.1.1.7.: Palm Beach Gardens shall assist with cooperative education programs between the
City, the County, and regulatory agencies to inform the public and development community about
applicable laws and regulations. This could be accomplished by including brief informational
pamphlets in utility bills or other means of widespread general circulation.
Policy 8.1.1.8.: Palm Beach Gardens shall identify and coordinate anticipated future annexation
areas with the county and surrounding municipalities.
Policy 8.1.1.9: The City shall use the Treasure Coast Regional Planning Council's informal
mediation (voluntary dispute resolution) process to resolve disputes or conflicts, including
annexation issues, with other local governments, if not resolved through the Palm Beach Countywide
Intergovernmental Coordination Process. When the City's efforts fail to resolve a dispute with any
local government, the City shall notify the Regional Planning Council in writing about the dispute,
requesting the Council's mediation. The City shall also notify the local government that the City has
dispute with, about the City's request to the Regional Planning Council.
Policy 8.1.1.10: The City shall cooperate with the County's Commission on Affordable Housing to
implement countywide affordable housing programs, including the use of Housing Trust Fund
monies.
Policy 8.1.1.11: The City shall pursue interlocal agreements with local governments that have
identified or adopted future land use designations for adjacent unincorporated areas. These
agreements would establish Ajoint planning areas pursuant to Chapter 163.3 171, F.S. The City shall
encourage joint planning agreements that include as many of the following planning considerations
as are applicable. Additional items could be addressed at the concurrence of both parties, including:
a. Cooperative planning and review of land development activities within areas covered by the
agreement ;
b. Specification of service delivery;
c. Funding and cost-sharing issues with joint planning areas; and
d. Enforcementhmplementation.
Policy 8.1.1.12.: The City shall coordinate with those schools in its jurisdiction, which are part ofthe
State University System, regarding the development of campus master plans or amendments thereto,
to be done in accordance with Section 240.1 55, F.S.
Objective 8.1.2.: Through IPARC, TCRPC and informal communications, the City shall
continue coordinating all levels of service standards which affect surrounding municipalities
TNTRRC,OVERNMENTAT, CC)C)RT)TNATTC)N 8-3.
and counties.
Policy 8.1.2.1.: The City shall monitor the implementation of county-wide traffic performance
standards.
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Policy 8.1.2.2.: The City shall coordinate the timing, location, and capacity of public facilities to
ensure that required services will be available when needed.
Policy 8.1.2.3.: The City shall involve the TCRPC in informal mediation when level of service
issues cannot be resolved by the city and the service provider.
Objective 8.1.3.: Through IPARC, TCRPC and informal communications, the City shall
continue a written procedure to request coordination with the comprehensive plans of adjacent
municipalities, the county, and other units of local government such as the school board, who
provide services but do not have regulatory authority over the use of land.
Policy 8.1.3.1.: The City shall file a written request with each adjacent municipality and the county
to receive and review copies of all proposed comprehensive plans or plan amendments that are
adjacent to Palm Beach Gardens' boundaries.
Policy 8.1.3.2.: The City shall request the School Board of Palm Beach County, Northern Palm
Beach Chamber of Commerce, Palm Beach County Planning Council, South Florida Water
Management District, Treasure Coast Regional Planning Council, Seacoast Utility Authority,
Northern Palm Beach County Improvement District, and Florida Power and Light Company to
designate a specific liaison to provide expertise from their various disciplines into planning and
development-related activities.
(0 ~
Policy 8.1.3.3.: The City shall, in conjunction with other affected parties, evaluate the Capital
Improvements Element when it is undergoing annual review to determine if current funding is
proportional to services rendered.
Policy 8.1.3.4.: The City shall request joint planning between city staff and the School Board on
proposed locations of future schools in relation to the projected population.
Objective 8.1.4.: Through IPARC, TCRPC and informal communications, the City shall
continue an intergovernmental coordination process to ensure full consideration is given to the
impacts of developments proposed in the City Comprehensive Plan or by other governmental
entities which affect the city.
Policy 8.1.4.1.: The City shall cooperate with the Palm Beach Countywide Intergovernmental
Coordination Process established in 1993 for the purpose of facilitating intergovernmental
INTERGOVERNMENTAL COORDINATION 8-3 (0
coordination.
Policy 8.1.4.2.: The city shall support the development and adoption of interlocal agreements with
the affected municipalities to coordinate the management of the Intracoastal Waterway and the
Loxahatchee Slough.
Policy 8.1.4.3.: The City Council shall continue to work with the Treasure Coast Regional Planning
Council to identify regional issues and to assist in the periodic updating of the Strategic Regional
Policy Plan.
Policy 8.1.4.4.: The city shall support the development of interlocal agreements with affected parties
and the Northern Palm Beach County Improvement District to coordinate the funding of
infrastructure in the North County area.
Policy 8.1.4.5: The City shall forward copies of the City’s proposed Comprehensive Plan or plan
amendment to each adjacent city, Palm Beach County, the School Board of Palm Beach County,
Palm Beach Countywide Intergovernmental Coordination Process, South Florida Water Management
District, Seacoast Utilities Authority, the Treasure Coast Regional Planning Council, and the
Department of Community Affairs for their review and comments. The City shall take into
consideration comments received from the above entities prior to the adoption of the Plan or plan
amendment.
Objective 8.1.5.: Through IPARC, TCRPC, the City’s Education Advisory Board and
informal communications, the City shall encourage the provision of quality education through
world class curriculum to ensure all-children are prepared for real world experiences, hold
necessary skills for jobs, and continue to pursue knowledge.
Policy 8.1.5.1.: The City shall undertake efforts to encourage and promote a quality educational
experience tailored to individual students needs, through communications with the School Board and
local school administrators, and urge that the following should be provided: diverse learning styles
tailored to students abilities; magnet schools and special programs; skilled, devoted teachers;
involvement of volunteers and community resources. Similarly, programs, strategies and practices
such as the following will be encouraged: reduction of school and individual classroom size;
selection of administrators with strong leadership and managerial skills; proper allocation of fiscal
resources; teaching focus on basic job and employment skills; and promotion of parental
involvement and awareness.
Policy 8.1.5.2.: The City shall promote and encourage through communications with the School
Board, with assistance from the City’s Education Advisory Board and coordination with neighboring
governments through the Interlocal Plan Amendment Review Committee and Issues Forum, a form
of school concurrency to ensure educational facilities are available when and where needed, and the
division of the county school district into separate, smaller districts.
INTERGOVERNMENTAL COORDINATION 8-4
--
Policy 8.1.5.3.: To implement Objective 8.1.5 and Policies 8.1 S.1 and 8.1 S.2, the City shall assume
an active role in reforming the education system. The City shall formulate consensus, through
resident input, on the major educational issues for the City and meet regularly with the School Board
to advise them of the City’s needs and recommend strategies or programs to address the identified
needs. Further, the City will assert itself as an outspoken leader, and utilize the talents and influence
of the community to urge changes to the educational system. At a minimum, the City shall continue
to monitor its activities which have potential impact on the educational process and will coordinate
accordingly with School Board staff.
Policy 8.1.5.4.: The City shall coordinate the location of new and expanded sites for Public
Educational Facilities with the School Board in order to ensure compatibility and consistency with
the City’s Comprehensive Plan, in accordance with 235.193, F.S., and to maintain and enhancejoint
planning processes and procedures for coordination and development of public school facilities
concurrent with residential development and other services. Public educational facilities shall be
sited as discussed in the Future Land Use Element.
Objective 8.1.6.: To coordinate planning efforts with the Town of Jupiter, the City of Riviera
Beach, the Town of Lake Park, the Town of Mangonia Park, and Palm Beach County (the
“North Palm Beach County Partners”) in order to iointlv identify land parcels in Northern
Palm Beach County which will provide opportunities for the development of Bioscience Uses
[as defined in the Future Land Use Element) and to discourage changes to the zoning and land
use designations of those parcels that would eliminate Bioscience Uses.
Policy 8.1.6.1.: Develop a unified vision in coordination with the North Palm Beach County
Partners and assign a Bioscience Research Protection Overlay (BRPO) to land parcels within the City
in order to provide opportunities for Bioscience research /biotechnology uses. The City’s BRPO, in
combination with the BRPOs within the North Palm Beach County Partners shall be utilized to
provide opportunity for a minimum 8,000,000 square feet of Bioscience / biotechnology use cluster
in North County.
Policy 8.1.6.2.: The City shall provide the North Palm Beach County Partners with all reports, data
and analyses utilized in assigning the Bioscience Research Protection Overlay (BRPO) to a particular
site or upon which the City has relied in defining the area of the BRPO.
Policy 8.1.6.3.: To assure cooperation with the County and the North Palm Beach County Partners,
the City shall enter into such Interlocal Aweeinents as are necessary to ensure the protection of
Bioscience Uses within the BRPO.
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Date Prepared: April 20, 2006
ORDINANCE 20,2006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING THE
INTERGOVERNMENTAL COORDINATION ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY OF PALM BEACH
GARDENS RELATING TO THE CREATION OF A BIOSCIENCE
RESEARCH PROTECTION OVERLAY (BRPO) AND THE
BIOSCIENCE LAND PROTECTION ADVISORY BOARD; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on February 21, 2006, the City Council of the City of Palm Beach
Gardens authorized the staff to initiate comprehensive plan amendments necessary to
effectuate the City’s economic development goals and objectives consistent with the
commitments made to locate Scripps Florida within the City ; and
WHEREAS, the City recognizes that the location of The Scripps Research
Institute’s (“TSRI”) operations onto Florida Atlantic University’s John D. McArthur
Campus (“FAU Jupiter Campus”) and a portion of the Briger Parcel in Palm Beach
Gardens (“Briger”) will further the vision of the Governor and the State of Florida to
create an economic development cluster to support TSRI; and
WHEREAS, the City recognizes that the creation of an economic development
cluster to support TSRI will ensure a diversified economy and provide high-wage
employment within Palm Beach County, the Treasure Coast Region, and the State; and
WHEREAS, to fulfill this commitment, the City has agreed to initiate and consider
amendments to their Comprehensive Plan that establishes a Bioscience Research
Protection Overlay (BRPO), and that provides a super majority vote requirement to
protect land identified in the Overlay; and
WHEREAS, on August --, 2006, the Planning, Zoning, and Appeals Board, sitting
as the duly constituted Local Planning Agency for the City, recommended approval of a
text amendment to the Intergovernmental Coordination Element of the Comprehensive
Plan of the City; and
WHEREAS, the City Council finds that the subject amendment is consistent with
the City’s Comprehensive Plan; and
WHEREAS, the City Council finds that the subject amendment is consistent with
Sections 163.31 84 and 163.31 87, Florida Statutes; and
WHEREAS, the City Council acknowledges that this amendment is subject to the
provisions of Sections 163.31 84(9) and 163.31 89, Florida Statutes, and that the City
shall maintain compliance with all provisions thereof; and
Date Prepared: April 20, 2006
Ordinance 20, 2006
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WHEREAS, the City has received public input and participation through public
hearings before the Local Planning Agency and the City Council in accordance with
Section 163.31 81, Florida Statutes; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION I. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The Intergovernmental Coordination Element of the City’s
Comprehensive Plan is hereby amended to read as follows (strikethrough deletions and
underline additions):
INTERGOVERNMENTAL COORDINATION ELEMENT
**********
Objective 8.1.6.: To coordinate planning efforts with the Town of Jupiter, the City
of Riviera Beach, the Town of Lake Park, the Town of Mangonia Park, and Palm
Beach County (the “North Palm Beach Countv Partners”) in order to iointly
identify land parcels in Northern Palm Beach Countv which will provide
opportunities for the development of Bioscience Uses (as defined in the Future
Land Use Element) and to discourage changes to the zoning and land use
designations of those parcels that would eliminate Bioscience Uses.
Policv 8.1.6.1.: Develop a unified vision in coordination with the North Palm Beach
County Partners and assign a Bioscience Research Protection Overlay (BRPO) to land
parcels within the City in order to provide opportunities for Bioscience Uses as defined
in the Future Land Use Element. The City’s BRPO, in combination with the BRPOs
within the North Palm Beach County Partners shall be utilized to provide opportunitv for
a minimum 8,000,000 square feet Bioscience Use cluster in North County.
Policy 8.1.6.2.: The City shall provide the North Palm Beach County Partners with all
reports, data and analyses utilized in assigning the Bioscience Research Protection
Overlay (BRPO) to a particular site or upon which the City has relied in defininq the area
of the BRPO.
Policy 8.1.6.3.: To assure cooperation with the County and the North Palm Beach
County Partners, the City shall enter into such Interlocal Agreements as are necessary
to ensure the protection of Bioscience Uses within the BRPO.
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Date Prepared: April 20, 2006
Ordinance 20, 2006
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SECTION 3. The City Growth Management Administrator is hereby directed to
transmit the proposed Comprehensive Plan Amendment and supporting data, analysis,
and other relevant material, which is attached hereto as Exhibit A, to the Department of
Community Affairs of the State of Florida and other appropriate public agencies, and
upon adoption of this Ordinance is further directed to ensure that this Ordinance and all
other necessary documents are forwarded to the Florida Department of Community Affairs
and other agencies in accordance with Section 163.31 84(3), Florida Statutes.
I
. SECTION 4. The effective date of this plan amendment shall be the date a final
order is issued by the Department of Community Affairs or Administration Commission
finding the amendment in compliance in accordance with Section 163.31 84(l)(b),
Florida Statutes, whichever is applicable. If a final order of noncompliance is issued by
the Administration Commission, this amendment may nevertheless be made effective
by adoption of a resolution affirming its effective status, a copy of which resolution shall
be sent to the Florida Department of Community Affairs, Division of Community
Planning, Plan Processing Team. An adopted amendment whose effective date is
delayed by law shall be considered part of the adopted plan until determined to be not in
compliance by final order of the Administration Commission. Then, it shall no longer be
part of the adopted plan unless the local government adopts a resolution affirming its
effectiveness in the manner provided by law.
[The remainder of this page left intentionally left blank]
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Date Prepared: April 20, 2006
Ordinance 20, 2006
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PASSED this day of , 2006, upon first reading.
PASSED AND ADOPTED this day of , 2006, upon
second and final reading.
CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT
BY:
Joseph Russo, Mayor
Jody Barnett, Vice Mayor
Eric Jablin, Councilmember
David Levy, Councilmember
Hal R. Valeche, Councilmember
ATTEST:
BY:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
4
CITY OF PALM BEACH GARDENS LOCAL PLANNING AGENCY
Agenda Cover Memorandum
Date Prepared: April 18,2006
Meeting Date: August 22,, 2006
Ordinance 17,2006
SubjectIAgenda Item: Bioscience Research Protection Overlay (BRPO)
CPMA-06-04-000003: Large Scale Future Land Use Map Amendment (Future Land Use Element)
Recommendation to City Council: A City-initiated request for an amendment to the Future Land Use Map
of the City's Comprehensive Plan that applies a Bioscience Research Protection Overlay. The proposed
FLUM amendment modifies the Future Land Use Map to include a Bioscience Research Protection Overlay
(BRPO) encompassing all the properties included in the inventory of vacant un-entitled, vacant entitled and
existing properties that can accommodate bioscience research / biotechnology uses.
x
[XI Recommendation to APPROVE
[ ] Recommendation to DENY
Planning Manager
City Attorney
Christine Tatum
Growth Management
Ad in'-trator: ripR,
Khra L. Irwin, AICP
Approved By:
Ronald M. Ferris
City Manager
Originating Dept.:
Manager
Kara L. Irwin, AICP
Action:
[ 3 Quasi-judicial
[ X 3 Legislative
[ XI Public Hearing
_____
Advertised:
Date 08/12/2006
Pnpci Palin Beach Post
[ ] Not Requited
Affected Parties:
[ ] Notified
[ XI Not Required
Finance:
costs: N/A -
Total
N/A ---
Current FY
Funding Source:
[ ] Operating
[XI Other
Budget Acct.#:
N/A
LPA Action:
[ ]Approved
[ 3 App. wl conditions
[ ] Denied
[ ] Continued to:
Attachments: . Public Notice
Data and Analysis
Adopted FLUM
Revised FLUM . Ordinance 17,2006
...
BACKGROUND
Date Prepared: April 18, 2006
Meeting Date: August 22,2006
Ordinance 17,2006
Page 2 of 13
On February 14, 2006, the County Commission designated the Abacoa FAU / Briger site as the
alternative site for the Scripps Florida development. In order to qualify as an alternative site, two
conditions had to be met: 1) a hundred acres with the potential for two (2) million square feet for
Scripps Florida and 2) additional opportunities for up to six (6) million square feet of available land
to accommodate the creation of a bioscience research / biotechnology industry cluster within a five
(5) mile radius of the Scripps Florida campus on the Abacoa FAU/ Briger site. Phase lof Scripps, or
365,000 square feet, will be located within the Town of Jupiter on 30 acres within the Abacoa FAU
campus. The remainder of the Scripps Florida program or 1.6 million square feet will be
accommodated on 70 acres of the Briger site within the City of Palm Beach Gardens. The property
owner of the Briger Tract donated thirty (30) acres to the County and is currently under contract to
sell the County an additional forty (40) acres, for a total of seventy (70) acres.
In order to accommodate the second condition, the City in partnership with the Town of Jupiter, the
City of Riviera Beach, the Town of Lake Park, and the Town of Mangonia Park provided an
inventory of properties that could be used for bioscience research / biotechnology users within their
respective boundaries. The inventory included vacant land without traffic entitlements, vacant land
with traffic entitlements, and existing development, which totaled approximately 5 1.9 million square
feet within a ten (1 0) mile radius of the proposed Scripps Florida campus. As part of the alternate
site proposal, each municipality committed to amend its respective comprehensive plans to create an
overlay that would provide for and encourage the cluster of the bioscience research /biotechnology
industry uses within its community.
On March 2,2006, the City approved an Interlocal Agreement, in alliance with the four north county
municipalities and Palm Beach County, to fulfill the commitment to provide assurances that the State
and County investment in Scripps, as a catalyst for economic development cluster in Palm Beach
County, could be realized. The Interlocal obligates the City to initiate amendments to the
Comprehensive Plan to establish a Bioscience Research Protection Overlay (BRPO) to protect those
lands which have been identified as appropriate for a bioscience research protection overlay.
The City has initiated three (3) text amendments and one (1) Future Land Use Map (FLUM)
amendment to the City’s Comprehensive Plan to create and apply a Bioscience Research Protection
Overlay (BRPO). The FLUM amendment will apply the overlay designation to specific properties,
while the text amendments to the Future Land Use Element (FLUE), the Economic Development
Element (ED), and the Intergovernmental Coordination Element (ICE) will establish the policies
relative to the application of the Overlay. The overall purpose of the Overlay is to diminish the
possibility of lands available for Bioscience Uses being converted to residential and / or retail
Date Prepared: April 18,2006
Meeting Date: August 22,2006
Ordinance 17,2006
Page 3 of 13
commercial uses and to make the land attractive for bioscience research / biotechnology
development.
In addition, the Interlocal Agreement requires the City to ensure the coordination of planning efforts
with the north county municipalities thru participation on the Bioscience Land Protection Advisory
Board (BLPAB). The Board is made up of one member representing each municipality, the County,
and the State. The Interlocal requires that Future Land Use Map (FLUM) amendments or rezonings
that would be contrary to the purpose of the BRPO, be required to go before the BLPAB for a
recommendation prior to action being taken by the City Council.
*:* FUTURE LAND USE MAP AMENDMENT (FLUM)
CRITERIA FOR OVERLAY DESIGNATION
During the alternate site analysis for Scripps Florida, the City in partnership with the Town of
Jupiter, set forth specific criteria for a land inventory which targeted vacant entitled land within both
municipalities. During a meeting with the Governor to discuss the North County proposal, staff was
directed to include existing development within the inventory. The inclusion of existing
development extended the inventory into the Town of Lake Park, the City of Riviera Beach, and the
Town of Mangonia Park. In order to determine the parcels that were most suitable for the purpose of
a bioscience economic development initiative, the following specific criteria were developed:
Current Zoning and Land Use Designation (I, MXD)
Parcel Size
Development Approvals
Approved Traffic Concurrency
Available Utilities
Other land-use restrictions
Land Use Compatibility with Surrounding Area
East of the City’s Urban Growth Boundary (UGB)
The above criteria were applied to all parcels within the City. The analysis was extended into the
adjacent North County municipalities and concluded that the north county municipalities could show
inventory of 5,432 acres and 60.4 million square feet available for the development of Bioscience
Uses. However, the current land-use designation and/or zoning of the site did not adequately provide
for the certainty of the development of Bioscience Uses, so the North County Partners proposed the
development of an ‘Overlay’ that would encourage and preserve the availability of land for
Bioscience Uses.
Date Prepared: April 18, 2006
Meeting Date: August 22,2006
Ordinance 17,2006
Page 4 of 13
BIOSCIENCE A
Traffic Development
Approval Approval
Required
Required VACANT
Rezoning /
Master Plan
Granted VACANT
Permit
Granted VACANT
Pemit
LAND IN
Med
Office
(sq ft)*
15,000
{ENTORY
~ Industrial Utilities East of UCB Total -
Available (sq ft) Available
1 4,000,000 Yes Yes 4,000,000
Parcel
Name
Bnger
Parcel 5B 105,400
179,154
59,200 179,600
/MXD
Gardens
Corporate
Center
44,789 6.60 PO/
PUD
Yes Yes 223,943
Gardens
Station
Granted VACANT
Permit
Granted VACANT -t Permit
17,550 47,200
10,000
240,000
15,000
10,000
Yes Yes 64,750
Yes Yes 10,000
600,000 Yes Yes 840,000
Yes Yes 15,000
Legends at
the Gardens
Parcel SA
/MXD
84.21 I/M1 I Granted VACANT t Site Plan
41.78 MXD I &RH/ Rezoning
3 1.07
Parcel
3 1.04
Yes Yes I0,OOO ++ 9.15 PO/
Rezoning
The Pointe 150,000 150,000
Yes I Granted VACANT
Pennits
PGA
National
8.52 I RL/ Granted Remainder of
Essentially
Built-out DRI
Site Plan
EX1 STING
Master Plan
Granted EXISTING
P em i t
Granted EXISTING/
VACANT
License
128,586
13,456
7 1,093 199,679
125,679
I PCD 7 12.65 Loehman’s
Plaza
Granted
Burns Road
Industrial
49.51 I/MlA I Yes I Yes I 623,779**
NorthCorp Yes I .Yes 1 1,097,351 102.69 I/PCD 1,097,35 1
**Square footage based on 40% lot coverage and 2 story building height
Date Prepared: April 18,2006
Meeting Date: August 22,2006
Ordinance 17,2006
Page 5 of 13
The inventory of land with Industrial and Mixed-Use land use designations, which were determined
to be the appropriate land-use designations to accommodate Bioscience Uses, was totaled at 591.04
acres and 7,427,558 square feet. The intent of the Bioscience Research Protection Overlay is to
preserve that area for the development of Bioscience Users.
LAND-USE COMPATIBILITY WITH THE SURROUNDING AREA
The Bioscience Research Protection Overlay (BRPO) designation promotes the development of
Bioscience Uses, including research and light industrial, research clinic, wet lab, biotechnology
research, engineering and manufacturing such as laboratories, educational facilities and clinical
research hospitals and their accessory uses, including but not limited- to accessory administrative
office and residential uses.
The proposed overlay will be applied to the properties inventoried that staff determined to have
appropriate future land use designations and zoning designations to provide opportunities for
Bioscience Users. Currently, Bioscience Uses that are to be promoted within the Overlay area are
permitted uses within the specific properties included within the inventory due to the requirements of
the alternative site analysis set forth by Palm Beach County. The proposed overlay does not change
the permitted, conditional, or prohibited uses within the land-use designations of the selected
properties in order to accommodate Bioscience Uses, so the compatibility of the uses with adjacent
properties shall be evaluated through the master planning process. Through the development review
process, the sites can be designed so that uses are integrated on the site in a manner sensitive to the
surrounding future and existing uses.
'0
The proposed overlay designation will promote opportunities for job creation and provide incentives
to'develop a cluster of the bioscience research / biotechnology industry planned for the northern end
of Palm Beach County. Creating opportunities for economic development is consistent with the
City's current goal of diversifying the existing land-use designations City-wide to provide for more
sustainable development in the future.
HISTORICAL AND ARCHEOLOGICAL RESOURCES
No historical and/or archeological resources have been identified within the properties within the
Bioscience Research Protection Overlay (BRPO).
ENVIRONMENTAL ISSUES AND LAND SUITABILITY FOR PROPOSED OVERLAY
All designated properties within the overlay shall be required to develop in accordance with all
environmental regulatory and review agencies at the state and federal level.
I
‘ ‘a Date Prepared: April 18,2006
Meeting Date: August 22,2006
Ordinance 17,2006
Page 6 of 13
MAXIMUM DEVELOPMENT POTENTIAL
The comparison of the maximum development potential of the properties within the proposed
Overlay, as required by Chapter 9J-5, F.A.C., will not be necessary, since the proposed overlay
designation is not amending the development potential set forth in the land-use categories of the
individual properties within the overlay nor is it changing the permitted, conditional, or prohibited
uses for the properties.
*:* FUTURE LAND USE ELEMENT, ECONOMIC DEVELOPMENT ELEMENT &
INTERGOVERNMENTAL COORDINATION ELEMENT TEXT AMENDMENTS
Staffcomment: ’
The objective andpolicies proposed create an overlay area intended to secure, provide opportunities
for and promote Bioscience Uses within specijk City parcels that currently have the appropriate
land-use and zoning designations to accommodate such uses. The policies also discourage the
conversion of land-use designations to commercial or residential land-use designations. The
designated parcels shall be developed according to their future and existing designations, but
opportunities within those developments for Bioscience Users shall be encouraged by the City
through economic development incentives incorporated into the City’s Land Development
Regulations (LDRs), as required by the language proposed for the City’s Comprehensive Plan.
The creation of the Overlay furthers the City’s commitment to secure andpresewe opportunities for
a Bioscience industry cluster within close proximity to the master campus of Scripps Florida on the
Abacoa FAU / Briger site. The State committed to provide funding for Scripps Florida with the
intent of securing a strong economic development future.for the State. This vision included Scripps
Florida as a catalyst for a cluster of 8,000,000 square feet of bioscience research /biotechnology
and accessory or ancillary uses to accommodate up to 40,000 high paying jobs in Florida. The
Comprehensive Plan is the City’s strongest legislative safeguard to ensure the City maintains the
opportunities to accommodate the State’s economic development vision.
CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN
CONSISTENCY WITH EXISTING GOALS, OBJECTIVES AND POLICIES WITHIN THE
CITY’S COMPREHENSIVE PLAN
The proposed Future Land Use Map amendment creates the Bioscience Research Protection
Overlay (BRPO) as separate land-use overlay designation, which is consistent with the Goals,
Objectives, and Policies of the City’s adopted Comprehensive Plan. An example of some of the
Date Prepared: April 18,2006
Meeting Date: August 22,2006
Ordinance 17,2006
Page 7 of 13
goals, objectives and policies that are consistent with and furthered by the proposed
amendment, are listed below.
Economic Development Element:
GOAL 13.1.: THE ECONOMIC GOAL OF THE CITY OF PALM BEACH GARDENS IS TO
ACHIEVE A BALANCED AND DIVERSIFIED ECONOMY WHICH IS COMPATIBLE WITH
THE CITY’S QUALITY BUILT ENVIRONMENT AND PROTECTS IMPORTANT NATURAL
RESOURCES.
Staff Comment:
On January 6, 2005 the City Council adopted the Economic Development Element. The Element
signals the City’s commitment to successful economic development. During 2005, the City also
initiated a land-use amendment to the Brigerparcelfrom Commercial (C) and Residential Low (RL)
to Mixed- Use (MD) in order to provide further opportunities in the City for economic development.
The Brigerparcel is the last large parcel east of the City’s Urban Growth Boundary.
The goal of the Economic Development Element is to achieve a balanced and diversiJied economy
compatible with the built environment. The proposed map amendment will advance this goal by
designating specific properties to be preserved for Bioscience Uses. The properties included within
the BRPO, shall require approval offour City Council members in order to amend the existing land-
use designation to residential or commercial uses. The map and text amendments work together to
promote Bioscience Uses on the last remaining un-entitled vacant site, entitled sites, and existing
sites east of the City’s Urban Growth Boundary that are available and appropriate for these uses.
Currently, the City has a high percentage of residential uses and is in need of those land-uses
recognized by the Economic Development Element that will provide value-added employment. The
proposed map and text changes will provide the opportunity to realize the goal of economic stability
by encouraging those uses that are considered economic development generators.
Policy 13.1.1.1.: The City shall continue to attract industries and employers in cluster industries such
as biotechnology, communications, information technology, medical products, marine biology,
aerospace research, and associated ancillary businesses.
Staff Comment:
The proposed overlay promotes science and biotechnology research, engineering and manufacturing
such as laboratories, educational facilities and clinical research hospitals, Research &Development
and their accessory uses. The availability of sites within the City that can currently accommodate
these uses is limited because most of the City is built-out east of the Urban Growth Boundary.
Date Prepared: April 18,2006
Meeting Date: August 22, 2006
Ordinance 17,2006
Page 8 of 13
All parcels designated within the Overlay are located east of the Ronald Reagan Turnpike, which is
part of the “Eastward Ho! ” urban corridor, which is generally locatedparallel to Interstate 95 in a
one-to-two-mile wide corridor that includes the area between the Florida East Coast (FEC) and
Seaboard Coast (CSX) rail lines. The Eastward Ho! initiative promotes in-jll and sustainable
development within the urban corridor to encourage revitalization that facilitates future growth
without further compromising or degrading the environment and the economic sustainability of the
region. The proposed amendments to the comprehensive plan are consistent with the Eastward Ho!
recommendations, which are based on sound planning principles that promote economic
sustaina bility.
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 expand the economic base of the City by promoting
economic development through incentives for bioscience research 1 biotechnology users to
development on the properties designated sites within the Overlay. The Overlay will promote light
industrial activities marketed toward Research and Development within the City’s Urban Growth
Boundary, so that the cost of extending public utilities and services are significantly reduced,
thereby stimulating economic growth.
Creating the Overlay will provide assurances that the available parcels will be secured for economic
development in light of the current market pressure to re-designate non-residential land to
residen tia 1.
Future Land Use Element:
Objective 1.1.5.: Future growth, development, and redevelopment shall be directed to areas as
depicted on the Future Land Use Map, consistent with: sound planning principles; minimal natural
limitations; the goals, objectives, and policies contained within this Comprehensive Plan; and the
desired community character.
Staff Comment:
A more diversi3ed and sustainable economy is part of the City’s desired community character. In
creating a sound economic climate, the City will be able to better maintain its existing services and
facilities, while not depending solely on property tax increases to provide for the consistent delivery
of quality services. The overlay is on properties located east of the Urban Growth Boundary and
will not require extending City services outside of the established urban service boundary.
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Date Prepared: April 18,2006
Meeting Date: August 22, 2006
Ordinance 17,2006
Page 9 of 13
3NSISTENCY WITH PALM BEACH COUNTY COMPREHENSIVE PLAN
le proposed amendments are consistent with the overall Economic Development Goals and
bjectives within the Palm Beach County Comprehensive Plan as demonstrated by the
llowing listed examples from that Plan:
la1 1. Balanced and Diversified Economy
ie economic GOAL of Palm Beach County is to create a balanced and diversified economy. A
lanced and diverse economy will encourage growth that provides viable employment opportunities
r present and future residents, while supporting land-use policies which protect and improve the
ality of the natural and manmade environment.
z ff Comment:
e proposed amendments are consistent with Palm Beach County’s goal to achieve a balanced and ,
Qerse economy and viable employment opportunities. As a direct result of the proposed Overlay,
portunities for value-added employment will be available to attract industry to Palm Beach
Iunty. As the industry develops, spin-offcompanies in similar industries will likely desire to locate
j’acent to the established development. As these industries develop, an industry “cluster” will be
?ated unique to the area, which is consistent with the County’s Comprehensive Plan.
3jective 1.1. Balanced Economic Growth Implementation
lm Beach County shall maintain and expand a diversified economy by:
*
encouraging growth in cluster industries, presently defined as communications and information
:hnology, medical products, agriculture and food processing, business and financial services,
rospace and engineering, tourism, recreation and entertainment, and other emerging cluster
Iustries which complement changing economic conditions, and other high paying job sectors, and
iall businesses, as set forth in Objectives 1.2 and 1.4;
Iff Comment:
e proposed map amendment, in combination with the BRPO text amendments, shall provide
:entives for the development of uses within the Research and Development industry, science and
Date Prepared: April 18, 2006
Meeting Date: August 22,2006
Ordinance 17,2006
Page 10 of 13
bib technology research, engineering and manufacturing such as laboratories, educational facilities
and clinical research hospitals and their accessory uses. The jobs created by the industry will be
high paying and will stimulate signiJicant economic growth within the region.
1
i
CONSISTENCY WITH THE STRATEGIC REGIONAL POLICY PLAN
The proposed land-use amendment is consistent with the overall Treasure Coast Regional
Pfanning Council’s Strategic Regional Policy Plan as demonstrated by the following listed
Goal 3.6 - Diversification of the year-round economy and establishment of an
climate that will allow the Region to compete effectively in the global economy.
Staff Comment:
T4eproposed map amendment, in combination with the BRPO text amendments, are consistent with
this Regional Policy goal by providing opportunities and incentives that attract bioscience research /
biotechnology industries to designated sites, thus promoting an economic climate that will allow the
RJgion to compete effectively in the global economy.
CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN (CHAPTER 187, Florida
Stlatutesl
The proposed land-use amendment is consistent with the overall State Comprehensive Plan.
The following State Goals and Policies are specific examples of that consistency:
Land Use - In recognition of the importance of preserving the natural resources and enhancing the
qdality of life of the state, development shall be directed to those areas which have in place, or have
agreements to provide, the land and water ‘resources, fiscal abilities, and service capacity to
adcornmodate growth in an environmentally acceptable manner; enhance the livability and character
ofiurban areas through the encouragement of an attractive mix of living, working, shopping, and
recreational activities.
!
1
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*> I Staff Comment:
Tde proposed Overlay designation is speclJically designed to encourage development on parcels
wjthin the City’s Urban Growth Boundary (UGB), which are important infill development sites
within the City. The land-use amendment is therefore consistent with the State’s goal to direct
gJowth to areas that have urban services that can accommodate growth in a fiscally and
enlvironmentally acceptable manner, and is consistent with the State ’spolicy to encourage a mixture
of iuses to enhance the livability and character of a community.
1
Date Prepared: April 18,2006
Meeting Date: August 22,2006
Ordinance 17,2006
Page 11 of 13
PLblic 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
mlanner.
StLzff Comment:
The amendments are consistent with the State’s public facilities goal as the inventoried and
ddsignatedproperties are all located within the Seacoast Utility Authority (SUA) service area, and it
hds indicated that there is suficient capacity to service the development of the entitledparcels, as
well as the un-entitledparcel, the Briger Tract. The provision of water and sewer services thus will
bk accomplished in a timely, orderly and eficient manner as the parcels are ultimately developed.
In addition, transportation systems, police services, jre-rescue services, and solid waste services do
not require extension outside the established Urban Growth Boundary (UGB), but to sites
cdmpletely surrounded by existing development and established infrastructure.
I
I
- Florida shall direct future transportation improvements to aid in the management
oqgrowth and shall have a state transportation system that integrates highway, air, mass transit, and
l otrer transportation modes.
Sthff Comment:
The proposed Overlay is consistent with the State’s transportation goal in that the designated
pdrcels are in close proximity to take full advantage of the existing location ofInterstate Highway
95, the Ronald Reagan Turnpike, and other thoroughfares. As the vacant parcels develop, better
pdovisions.forpedestrian access and mass transit can be encouraged, such as pedestrian walkways
and multi-modal transportation. Furthermore, the proposed Tri-rail station at the Abacoa DRI
(7;own of Jupiter) and Parcel5B (City of Palm Beach Gardens) will provide a close light rail node
that can be included within a public transit system to service the parcels within the Overlay.
The Economy - Florida shall promote an economic climate which provides economic stability,
mhximizes job opportunities, and increased per capita income for its residents.
Staff Comment:
The proposed amendments will provide for greater opportunities and incentives to create a more
sdstainable economic climate for the City and for Palm Beach County in general. Bioscience
research /biotechnology uses have been consistently identifed by the Palm Beach County Business
Dkvelopment Board and the City’s Economic Development Advisory Board as a key use for
fostering long term, value-added employment. The proposed Overlay designation will provide the
obportunity to attract a desirable industiy, in addition to related venture capitalist investments,
biotech industries, pharmaceutical companies, post-secondaiy educational organizations, and other
I
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4,
Date Prepared: April 18,2006
Meeting Date: August 22, 2006
Ordinance 17,2006
Page 12 of 13
similar industries, which will contribute to a healthy economy.
INTERNAL CONSISTENCY OF PROPOSED CONCURRENT AMENDMENT
The changes described below demonstrate the internal consistency between the proposed
Future Land Use Map amendment and the text amendments to the City's Comprehensive
Plan.
Future Land Use Element Text Amendment
A City-initiated request for a Comprehensive Plan text amendment to the Future Land-Use Element
(FLUE) relating to the creation and application of the BRPO. The text amendment clarifies the
intent of the Bioscience Research Protection Overlay land-use category as a land-use designation that
protects and promotes Bioscience Uses.
Economic Development Element Amendment
A City-initiated request for a Comprehensive Plan text amendment to the Economic Development
Element (ED) relating to the creation and application of the BRPO. The text amendment clarifies the
intent of the Bioscience Research Protection Overlay land-use category as a land-use designation that
protects and promotes Bioscience Uses and provides the foundation for incentive programs for
economic development.
Intergovernmental Coordination Element Amendment
A City-initiated request for a Comprehensive Plan text amendment to the Intergovernmental
Coordination Element (ICE) relating to the creation and application of the BRPO. The text
amendment provides for the coordination and collaboration of the City of Palm Beach Gardens,
Palm Beach County and the four north county municipalities that participate in the Bioscience Land
Protection Advisory Board (BLPAB).
Future Land Use Element Text Amendment - Bioscience Mixed-Use Land Use
The Future Land Use Element (FLUE) text amendment is to create land-use category to
accommodate and encourage the development of bioscience research / biotechnology uses within
the City of Palm Beach Gardens.
The proposed amendment supports and does not conflict with the proposed Overlay amendments.
The proposed amendment provides for the ability to develop a mixed-use planned unit development
Date Prepared: April 18,2006
Meeting Date: August 22,2006
Ordinance 17,2006
PageJ3 of 13
that is pre-dominantly bioscience and supportive uses.
NEARBY LOCAL GOVERNMENT COMMENTS/OBJECTIONS:
On July 23,2006, the Palm Beach County Intergovernmental Plan Amendment Review Committee
(IPARC), the Town of Jupiter, the City of Riviera Beach, the Town of Lake Park, the Town of
Mangonia Park and Palm Beach County were notified of the proposed amendments. No objections
were raised through the IPARC process, which is the agreed upon process for intergovernmental
cooperation within Palm Beach County.
STAFF RECOMMENDATION:
Staff recommends APPROVAL of the Future Land Use Map amendment based on the following
findings of fact:
The proposed Future Land Use Map amendment is consistent with the existing Goals,
Objectives and Policies of the City's Comprehensive Plan;
The proposed Future Land Use Map amendment is consistent with the existing Goals,
Objectives and Policies of the Treasure Coast Regional Council Strategic Policy Plan; and
The proposed Future Land Use Map amendment furthers the goals of the City's Economic
Development Element, which encourage and initiate proactive efforts to expand the
economic base of the City in order to provide for value-added employment opportunities to
residents so that the City develops into a sustainable community where residents can live,
work, learn and play.
0
Staff recommends APPROVAL of Ordinance 17, 2006, which provides for the adoption of the
proposed Future Land Use Map amendment to the City's Comprehensive Plan.
SUPPORT DATA AND ANALYSIS
1.
2.
3.
4.
5.
6.
7.
8.
Map Data & Market Analysis
Designated Property Aerial
Future Land Use Map
Zoning Map
Site Detail Table
Market Analysis
Attachment ‘A’
Attachment ‘By
Attachment ‘C’
Attachment ‘D’
Attachment ‘E’
Site Development Approvals Attachment ‘F’
(1) Garden Stations
(2) Gardens Corporate Center
(3) NorthCorp PCD
(4) Parcel 5A
(5) Parcel 5B
(6) Parcel 31.04
(7) Parcel 3 1.06/3 1.07
(8) PGA National
(9) The Pointe
Briger Public Facilities Analysis Attachment ‘ G’
Bioscience Overlay Property Descriptions Attachment ‘H’
PBG Interlocal for BLPAB Attachment ‘ I’
(1) Resolution 34, 2006
(2) Palm Beach County R2006 - 05 12
Economic Development Analysis Attachment ‘J’
North County Presentation Attachment ‘K’
Inventory Maps for North County Alternate Site Proposal (5 sheets)
Maps Attachment ‘L1 -L5’
I 9. Briger Public Facilities Analysis Attachment ‘M’
‘0 ATTACHMENT ‘A’
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LAND. 1.W auos
BUILDINGS - 11.7D.500 g. It.
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LAND - 5.432 aum
BUILDINGS - w.x.s.m 9.11.
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JUT SCRIPPS kdounrlers al rAll
~u.00~ g. n.
1w.m g. n.
ei7,m q. n.
19.x~~. n.
m,m q. n.
4,000 q. n.
JUT Ahacoa Town Center
JUT Ahma Researcli &
Business Conlu
Wfi Legends at the raidoris
JUT Abacna Workplace C
JV Abacoa Camrncicial
WG Parcel 31 tWJ1 UI
(pending mninp) Ms.000 q. n
PnoPERlEs wmml
5 MILE CLUSTFll
WG Paiccl SA
w.000 sq. n.
PW Ciaideiis Coipoiate Canlei
224.000 4. R
WG Paical5E
PBG Gardens Station
WG NoitliCorp - Lot i2
mG bican Silo- #)iihCniIi
WG KA National
i50.m q. n.
a.ow 9. n.
4,000 q. n.
~,MO m. n.
~31,~ 9. n.
. . __ .. . .
18YIECLrn
PIC Floiida Rassaich Paik
e,im.ooo g. n.
A PACCAR
im,w g. n. A Taurus L&iig
is7,m 9. n.
A hiiiet PI Clinheth u,wa 9. n. RI Shoro Proimilia
57,m sq. n.
Mold Diaioat 13th.Inc
zl,O00 g. it.
LP Kolsny Statinii
41.000 g. n.
TOW ulffln 1.5 miles 1.512.500
TOW ulhln 2.1 miles - 1.IusQ
TOR1 MlMn 5 miia . J.UI,DIo
TOR1 wllhln 10 mllm = Y,slt.am
ATTACHMENT ‘B’
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ATTACHMENT ‘C’
ATTACHMENT ‘D’
‘0 ATTACHMENT ‘E’
(0 UPDATED DATA AND ANALYSIS - MAY 2006
ECONOMIC DEVELOPMENT COMPREHENSIVE PLAN ELEMENT
BACKGROUND
The Economic Development Element of the Comprehensive Plan of the City of Palm
Beach Gardens was adopted by the City Council through Ordinance 48, 2004 on January
6, 2005, and became effective on April 4, 2005 (announcement of compliance and intent of
adoption published by Florida Department of Community Affairs on March 14, 2005, in the
Palm Beach Post).
The Element identified the,need for a balanced and diversified economy for a sustainable
municipality; identified targeted industry sectors based upon a demographic analysis of the
skill sets of Palm Beach Gardens’ residents with the broader understanding that global
trends indicate that intellectual knowledge-based industries are the future (including
research and development); outlined a Targeted Expedited Permitting Program to fast-
track companies through the planning, zoning, and building process so that the goal of job
creation could be realized at a faster pace; identified the need to stabilize seasonal
employment fluctuations in the retail and service sectors; underscored the importance of
education; and recognized that quality-of-life is a delicate balance of live, learn, work, and
play - all equally important to make a whole person and a whole community.
ASSESSMENT OF NEED
Data indicates that although a slight shift has occurred in the diversification of the tax base
since the summer of 2003 when the original data and analysis for the Economic
Development Element was prepared, the residential community continues to be the major
source of ad-valorem revenues. For purposes of this analysis and under most
circumstances, value-added employers would be included in the industrial component.
See Figures I, 2 and 3.
Figure 1
I in Palm Beach Gardens
Palm Beach County Extended Tax Rolls
Updated Data & Analysis - May 2006
Economic Development Comprehensive Plan Element
1
Figure 2
6,000,000,000
5,000,000.000
4.000,000.000
3,000,000,000
2,000,000,000
1,000.000.000
0
Taxable Value - Palm Beach Gardens
*Commercial .. Other
I 1999 2000 2001 2002 2003 2004 2005 I
Year
I I
Palm Beach County Extended Tax Rolls
Figure 3
2005 Ad-Valorem Tax Percentages
’ City of Palm Beach Gardens
-Other. 0.52%
Industrial, 0.76%
Commercial, 16.90%>
\Residential, 81.79%
City of Palm Beach Gardens Finance Department - 2005
Updated Data & Analysis - May 2006
Economic Development Comprehensive Plan Element
2
!.
Indeed, Palm Beach County lags behind the national average and the State of Florida in
value-added manufacturing opportunities, including intellectual knowledge-based research
and development earnings. When compared to other research and development centers
such as Raleigh-Durham and King County, Palm Beach County earnings are between
40% - 50%. See Figure 4.
Figure 4
' e
Manufacturing Value AUded per Employee (Dollars in Thousands)
200
1a-J 5
160
140
im
100
80
60
40
m
0
UniledSta!es PalmBeach Samota- KingCounty Montgomery SanDiego
County Bradenton County
Florida Fort Myen- Fairfax Maricopa Raleigh- Santa Clara
Naples county county Dumarn County
Source: US. Census Bureau, Economlc Census. 2002. -
The Palm Beach County Navigator: A Compass Report, EDRI
0 The City of Palm Beach Gardens does not assess many of the traditional taxes that other
municipalities use for generating revenue, but rather, primarily depends on ad-valorem
taxes to fund services. Residents are not assessed additional taxes for utility, solid waste,
storm water, or firekescue services; and pay a minimal amount in communication services
taxes. See Figure 5.
It may be prudent to examine the pros and cons of the continuation of relying on ad-
valorem revenues to fund services that are required from the municipality. It may also be
necessary to look at other revenue.streams if it is the desire of the City of Palm Beach
Gardens to offer financial incentives to. the burgeoning Bio-Science industry sector with the
recent announcement of Scripps-Florida.
Updated Data & Analysis - May 2006
Economic Development Comprehensive Plan Element
3
Figure 5
Total Cost Comparison of Area Municipalities
Based on $225k Homesteaded Property FY 05/06
City Ad Utility CST Solid
Valorem Tax Waste
Palm Beach 0
Gardens
Jupiter 524 300 82 83
Royal Palm 524 300 65 87
Beach
Wellington . 540 300 65 120
North Palm 1,398 300 86 139
Beach
West Palm 1,580 300 97 214
Beach I Riviera Beach I 1,850 1 300 I 94 I 147
Storm PBC Total
Water I Fire 1 I
0 0 1,226
46 321 1,356
0 620 1,596
120 620 1,765
I
City of Palm Beach Gardens Finance Department: Fiscal Year 2005/2006
BALANCED AND DIVERSIFIED ECONOMY
Although personal and household income seems to be relatively high among residents in
Palm Beach Gardens - average household income in Palm Beach Gardens continues to
hold at almost $60,000, statistical data indicates that many use other revenue sources for
daily expenditures. Many factors could play into the statistical data: I. second-home
'ownership; 2. retirement population; and 3. knowledgeable population that relies on stock
dividends and transfers for expendable income. Regardless, the outcome is still the
same: the local economy is reliant on monies that already exist rather than expanding by
providing new product or skills. See Figures 6 and 7.
Updated Data & Analysis - May 2006
Economic Development Comprehensive Plan Element
4
Figure 6
Share of Total income by Type, 2003 (in Percent)
"T 69.3%
70
M)
50
40
30
20
10
0
Palm mch County Florida United States
Source: Bureau of Economic Analysis.
I The Palm Beach County Navigator: A Compass Report, EDRI
Figure 7.
t
Percent af Population over 65
United States Florida Palm Beach County
1980 12000 2020
Source: Woods & Poole.
<
8
The Palm Beach County Navigator: A Compass Repod, EDRI
5 Updated Data & Analysis - May 2006
Economic Development Comprehensive Plan Element
GOVERNMENTAL POLICIES
Governmental policies can either facilitate or hinder the economic growth and the
economic sustainability of an area. Land availability for economic engines or clusters is
critical. See Figures 8 and 9.
Figure 8
Professlonal MTice
1% 7 lnduslrial
’% Mlxed-Use \ I /-3% /_Commercial Reueatkn
4%
Conservation
34%
Future Land Use: Palm Beach Gardens, May 2006
City of Palm Beach Gardens - GIS Division
Play
45%7
Land Allocation: Palm Beach Gardens - May 2006
City of Palm Beach Gardens - GIS Division
Live
/-44%
Learn’ (Includes ALL
Government Owned
Land)
3%
Work
8 %
Updated Data & Analysis - May 2006
Economic Development Comprehensive Plan Element
South Florida has continued to grow at a rapid pace. Palm Beach Gardens is no
exception, placing even more demand upon land development policies. As population
grows, so does the need for the most valuable of resources - land. Yet, without protecting
land space for value-added businesses, municipalities will be unable to obtain
diversification and sustainability. Residential communities are in high demand given the
sheer number of new arrivals moving into the area. Building industry clusters are long-
range visions that require commitment, vision, and discipline. See Figure IO.
’ 0
The U.S. economy is increasingly
marketplace. According to Richard
Figure 10
e.
phasing into an intellectual knowledge-driven
Florida, author of The Rise of the Creafive Class,
Population Growth in Palm Beach Gardens
70,000
60,000
50,000
40,000
30,000
20,000
10,000
0
fit; 11 1 2,990 124.447) 27,553 1 28,635 I 30,046 I 31.011 I $1,909 I 33,229 1 33,824 I 34,577 I 35,058 I 35,463 1 36,498 I 39,423 I 56,292 1 58,022 I
and salary income in the United States, or $1.7 trillion dollars - as much as the
manufacturing and service sectors combined.
Without examining current economic trends and future needs, government cannot prepare
for unparallel success. For instance, what is the definition of industrial land? Given shifts
in the global economy, the old definition of industrial land has a diminishing role. If the
purpose is truly to prepare for economic trends for the coming century, local government
must embrace the notion and prepare for it. The US. has evolved from agrarian society,
to industrial, and now to intellectual knowledge-based economy - leading scholars agree.
Therefore, using old definitions and values are counter productive.
Factories, call centers, anything that is labor intensive has and will continue to shift to
developing countries. It is an established trend for the past 20-plus years. As former
Soviet countries become more stable, the trend will continue at a faster pace. Major
manufacturing companies are investing at a rapid pace in the former Eastern Bloc
countries since they have stabilized faster and can supply skilled, reliable, and cheap
labor. NAFTA, the CBI initiative, and new agreements with China, India, and Pakistan will
also greatly impact the need for industrial land in the United States. Palm Beach Gardens
is competing globally and therefore, must allocate the most valuable of all resources, land,
prudently.
BRIGER TRACT COMPREHENSIVE PLAN CHANGES
Given the economic shifts away from industrial to intellectual knowledge, the City of Palm
Beach Gardens integrated solid economic development principles with proven growth
management objectives where people could live, learn, work, and play through the
adoption of four Comprehensive Plan changes converting the approximately 708-acre
Briger Tract from Residential to Mixed-Use Development. The subtext of all the
amendments: the intrinsic understanding that quality-of-life issues play a major role in
economic success.
Through the creative design of a Mixed-Use Development, research and development
(intellectual knowledge) could sit alongside coffee shops, retail stores, schools, homes,
bike trails, and parks - creating a community that would facilitate the interaction that is so
necessary for the exchange of ideas and the creative process. Ordinances 4, 7, 8, and 9,
2005 were found in compliance by the Department of Community Affairs on June 16, 2005.
TARGETED EXPEDITED PERMITTING PROGRAM
Government is often criticized for being cumbersome, slow to react, and an impediment to
progress; therefore, the City of Palm Beach Gardens has developed an innovative
program to enable job creation at a faster pace. The Targeted Expedited Permitting
Program expedites the planning, zoning, and building permitting process. The Targeted
Expedited Permitting Program is available to companies that are expanding operations or
moving into the City. Companies must meet specific criteria in order to qualify for the
Targeted Expedited Permitting Program may qualify if they have been sanctioned as an
economic development project by the Business Development Board of Palm Beach
Updated Data & Analysis - May 2006
Economic Development Comprehensive Plan Element
8
County, Enterprise Florida, OTTED, or any other officially sanctioned economic
development agency.
The Targeted €xpedited Permitting Program provides qualifying projects an efficient
process to resolve issues in a timely manner through face-to-face meetings with a City
representative without sacrificing any requirements as established by the City's Code of
Ordinances. The City Council adopted Ordinance 1, 2006 which codified a Targeted
Expedited Review Process for development that will provide economic development. (A
copy is attached as Exhibit A).
The first company to take advantage of the Target Expedited Permitting Program was The
Anspach Companies. Anspach needed to expand its current facilities: 48,941 square feet
and 30 new positions. The project was certified by the Business Development Board of
Palm Beach County, the official economic development organization in Palm Beach
County. The project was submitted on November 29, 2005, and received City Council
approval on March 2, 2006 - approximately a 90-day turn-around for the project. Of note,
Anspach is an international research and development corporation in the medical field. A
RIMS II analysis was conducted on the project: Total annual economic activity =
$9,849,040.
SEASONAL EMPLOYMENT FLUCTUATIONS IN THE RETAIL AND SERVICE SECTOR
Palm Beach County maintains a strong share of tourism sales compared to other
destination spots in Florida. See Figure I I.
Figure 11
Share of Florida Tourism Sales
Palm Beach County Ft. Myers-Naples Sarasota-Bradenton
Source: Florida Office of Economic and Demographic Research,
"TourisnFRelated Taxable Sales".
The Palm Beach County Navigator: A Compass Report, EDRl
9 Updated Data & Analysis - May 2006
Economic Development Comprehensive Plan Element
From 1997 to 2004, small gains have been made in the diversification of the local
economy in Palm Beach County looking at employment numbers. Manufacturing (as
expected through global shifts in the economy), retail, transportation, leisurelhospitality,
agriculture, and information technology experienced losses in regards to total employment.
More than likely, market share in the information technology field will be recaptured as the
sector continues to recover from the dot-com collapse in 2000. Construction, wholesale
trade, educational and health services, and professional and business services
experienced (the most significant was in professionaVbusiness services) showed gains.
Unfortunately, health, professional, and business services are traditionally considered
ancillary businesses - dependent upon dollars that already exist in the local economy.
There are exceptions to the rule and the economic professional must isolate the “flow of
‘0
money” to undektand to impact for each individual case. See Figure 72.
Figure 12
Share 0fTotal Employment (in Percent)
25T (.19941
Construction Wholesale Transportation Financial Educational Agriculture
and Mining Trade and UtiliUes Activities and Health Sem’ces
Manufacturing Retail Trade Infomalion Professional Leisure
and Business and Hospitality
Services
Source: Bureau of Labor Statistics.
The Palm Beach County Navigator: A Compass Report, EDRl
The business economy in Palm Beach Gardens is driven by the service and retail sectors
when conducting a historical analysis of Occupational Licenses. See Figure 13. Although
there has been a slight dip in the issuance in the number of commercial licenses (value-
added employers), the ad-valorem taxes generated from the commercial sector has
steadily increased. See Figure 1. Those commercial businesses that have stayed in
operation are finding niche markets and expanding.
Updated Data & Analysis - May 2006
Economic Development Comprehensive Plan Element
10
Figure 12
Growth Trends of Business Sector - Palm Beach Gardens
3000
2500
2000
1500
1000
500
0
1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004
Year
City of Palm Beach Gardens Community Services Department,
Building Services Division, Occupational Licenses Issued
P UBLI c EDUCATION
Public education in the State of Florida, and particularly Palm Beach County, is at a critical
point. Although the statistical report from the 2003 Data and Analysis of the Economic
Development Element indicates that adults in Palm Beach Gardens are highly educated,
public schools in Palm Beach County are failing compared to other regions. See Figures
14 and 15.
Updated Data 8, Analysis - May 2006
Economic Development Comprehensive Plan Element
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Figure 14
L
Hi@ School GraduaKin Rahe (m Pem€)
65
The Palm Beach County Navigator: A Compass Report, EDRl
Figure 15
Percent of Population over 25 with a Bachelor's Degree 3
United States Palm Beach Sarasota- King County Montgomery San Diego
County Bradenton County County
Flonda Fort Myers- Fairfax Marl copa Raleigh- Santa Clara
Naples County County Durham County
Source U S Census Bureau Decennial Census (1 990 and 2000), Aniencan Communly Survey (2003)
Ncte ACS figures are estiniates based on a sample and, thus, niay vary due to sampling charactertsbcs
2003 estimates were not available for Fort Myen-Naples
m
The Palm Beach County Navigator: A Compass Report, EDRl
Students possessing a high school diploma or less will be unprepared to take advantage of
the intellectual knowledge-based economy as global shifts continue. See Figure 16.
Updated Data & Analysis - May 2006
Economic Development Comprehensive Plan Element
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Figure 16
Source: Flwlda Agency for Wmwce Ihnovatlon. 2004-2012 Famast.
The Palm Beach County Navigator: A Compass Report, EDRl
QUALITY-OF-LIFE BALANCE
Quality-of-life issues weigh heavily into recruiting a company to a specific geographic
region. Trends are shifting away from bedroom communities as people desire to live, play,
learn, and work within a 15-25 minute commute. People, simply put, are weary of the
stress that is induced by a long commute to and from work.
Therefore, in optimal circumstances, planners and economic development professionals
would consider all four critical elements - live, learn, work, and play - in designing a
sustainable community. In a mere decade, commute time in Palm Beach County has had
a dramatic increase, emphasizing the need to design mixed-use development and to plan
transportation systems for the future. See Figure 17.
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Figure 17
Commute Time (in Minuter)
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30
25
20
15
10
5
0
River Beach
Source U S Census Bureau
The Palm Beach County Navigator: A Compass Report, EDRl
13 Updated Data & Analysis - May 2006 ,
Economic Development Comprehensive Plan Element
‘. The City of Palm Beach Gardens is in the enviable position to create a sustainable
community that upholds the principles of live, play, learn, and work while opportunities are
still available. By identifying raw land and redevelopment potential, the City may ensure
economic stability and viability for generations.
Understanding the interrelationship between social (live and play) and economic (learn and
work) structures is paramount for quality-of-life issues as related to the business and
residential community. Sound planning and building philosophies enhance the economic
opportunities for the City and integrity of the community as a whole. Straying from these
principles will diminish the quality-of-life for current residents and not capture the biotech
cluster as envisioned by economic development professionals and officials from The
Scripps Research Institute.
AREAS OF CONCERN
In the mid-1980s, Palm Beach County was making remarkable progress in regards to the
National Wage Index. In 1996, Palm Beach County wages peaked, and average wages
slipped below the national level and have not kept pace according to The Bureau of
Economic Analysis. See Figure 18.
Figure 18
I Wage Index, U.S. = 1.00 I
1-05
1 .oo
I I 1 I Palm Beach Cou,nty - Florida - United States 1
I Source: Bureau of Economic Analysis.
The Palm Beach County Navigator: A Compass Report, EDRl
At the same time, a booming housing market has widened the gap for the working class to
purchase a home. Attainable housing is a major concern for economic development
professionals, affecting recruitment efforts, and may severely raffect the ability to build a
sustainable community. See Figures 19, 20 and 21.
Updated Data L? Analysis - May 2006
Economic Development Comprehensive Plan Element
14
Figure I9
Percent of Households Able to Afford Home
TGI
United States Fort Myen Sarasob-
Bradenton
Palm Beach Naples Phoenix
County
Raleigh 1 San Jose
San Diego
Washington
Seattle
Source: National Homebuilders &souation, “Housing Opportunity Index”.
The Palm Beach County Navigator: A Compass Report, EDRI
Figure 20
Median Price of Existing Single-Family Homes (Thousands of Dollars)
300
250
2 00
150
100
50
0 +
Miami-Dade Broward Palm Beach Treasure Coast Flonda United States
Sources Florida Association of Realtors and National Association of Realtors.
The Palm Beach County Navigator: A Compass Report, EDRI
Updated Data & Analysis - May 2006
Economic Development Comprehensive Plan Element
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Figure 21
Florida $86.2 $182.4
United States $109.9 $IB4.l
IS, Washington Association of Realtors,
The Palm Beach County Navigator: A Compass Report, EDRl
THE SCRIPPS RESEARCH INSTITUTE AND THE BIO-SCIENCE INDUSTRY SECTOR
Before state and local governments began courting The Scripps Research Institute, Palm
Beach Gardens had embarked upon the diversification of the local economy. One of the
identified target areas for growth was research and development. This was no
coincidence. The decision was based upon the skill sets of residents, the existence of
companies in the industry sector in Palm Beach Gardens, and the expanding market. See
Figure 22. It was the vision of the City of Palm Beach Gardens to combine the physical
infrastructure and community support systems necessary to facilitate the exchange of
intellectual knowledge and enable the efficient transfer of scientific theory to marketplace,
while fostering strong community and family relationships to achieve a balanced quality-of-
life.
Updated Data & Analysis - May 2006
Economic Development Comprehensive Plan Element
16
Figure ZZ
Industry Sectors: 100 Fastest Growing Companies 2005
Source: Business 2.0 8, CNN Money
Based on Revenue Growth & Stock Return (Tech Companies)
Electronics 8 Military
Electronics
Manufacturing 8
Military Manufacturing
9%
I 8%
Business Services
14%
Software Development
23%
iii
Retail1 Telecom, Military
3% Telecom
4%
\Scientific 8 Medical
29%
Data source for graph creation: Business 2.0 via www.cnnmoney.com
It was understood, also, that there is a convergence of intellectual knowledge - biology
meeting chemistry and physics, computer science merging with anatomy - creating new
discoveries that have no names. Only with the exchange of ideas can the possibilities be
unraveled. Perhaps, it is the most challenging role of the economic development and
growth management professional to enable, facilitate, and preserve that possibility through
land management practices. Cures may not happen in our lifetime, but they could happen
in our City.
Updated Data & Analysis - May 2006
Economic Development Comprehensive Plan Element
17
ATTACHMENT ‘F’
Date Prepared: November 18,2004
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RESOLUTION 21 7,2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE MASTER
PROPERTY, KNOWN AS THE “GARDENS STATION”, LOCATED
SOUTH OF PARCEL 56, IMMEDIATELY NORTH OF THE
NORTHCORP PCD, EAST OF RCA BOULEVARD, AND WEST OF
THE FEC RAILWAY, AS MORE PARTICULARLY DESCRIBED
HEREIN, TO ALLOW THE DEVELOPMENT OF 15,075 SQUARE
FEET OF GENERAL COMMERCIAL USE, 17,550 SQUARE FEET
OF MEDICAL USE, 47,200 SQUARE FEET OF PROFESSIONAL
OFFICE USE, AND 2,500 SQUARE FEET OF FINANCIAL USE;
PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF .
APPROVAL; AND PROVIDING AN EFFECTIVE DATE.
DEVELOPMENT PLAN FOR THE APPROXIMATELY 7.60-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-04-15) from Mr. Jim
Griffin of John C. Bills, Inc., on behalf of PGA Development Associates, Inc., for master
development approval to allow the development of 17,550 square feet of medical office
use, 47,200 square feet of office use, 15,075 square feet of commercial use, and 2,500
square feet of financial use on an approximately 7.60-acre parcel of land, known as
“Gardens Station”, generally located south of Parcel 5B, north of RCA Boulevard, east
of Loehman’s Plaza, and west of the FEC Railway, 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
and has determined that it is sufficient; and
WHEREAS, the Planning, Zoning and Appeals Board reviewed said planned unit
development (PUD) petition at its October 12, 2004, meeting and recommended its
approval by a vote of 6-1; 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
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Date Prepared: November 18,2004
Resolution 217,2004
WHEREAS, the City Council has determined that adoption of this Resolution is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The Master Development Plan application of Mr. Jim Griffin of John
C. Bills, Inc., on behalf of PGA Development Associates, Inc., is hereby APPROVED on
the following described real property to permit the development of 17,550 square feet of
medical office use, 47,200 square feet of office use, 15,075 square feet of commercial
use, and 2,500 square feet of financial use on an approximately 7.60-acre parcel of
land, known as ”Gardens Station”, generally located south of Parcel 5B, north of RCA
Boulevard, east of Loehman’s Plaza, and west of the FEC Railway, as more particularly
described herein, subject to the conditions of approval contained herein, which are in
addition to the general requirements othewise provided by ordinance:
I
LEGAL DESCRIPTION:
LAND DESCRIPTION: TRACT A AND TRACT B
TRACT A ((
BEING A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 42 SOUTH, RANGE
43 EAST, PALM BEACH COUNTY, FLORIDA DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE PLAT OF RCA PARK, AS
RECORDED IN PLAT BOOK 83, PAGE 63 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FL0RlDA;THENCE 88O08’18” WEST, ALONG THE NORTH LINE
OF SAID PLAT OF RCA PARK, A DISTANCE OF 506.30 FEET;THENCE NORTH
01°50’34” EAST, A DISTANCE OF 356.19 FEET;THENCE SOUTH 88O08’18” EAST, A
DISTANCE OF 407.81 FEET TO A POINT IN THE WEST LINE OF THE F.E.C.
LINE A DISTANCE OF 369.59 FEET TO THE POINT OF BEGINNING.
RAILROAD RIGHT-OF-WAYiTHENCE SOUTH 13O36’46” EAST, ALONG SAID WEST
CONTAINING 162,799 SQUARE FEET (3.737 ACRES, MORE OR LESS).
TRACT B
BEING A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 42 SOUTH, RANGE
43 EAST, AND SECTION 1 OF TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM
BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE PLAT OF RCA
PARK, AS RECORDED IN PLAT BOOK 83, PAGE 63 THROUGH PAGE 64 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE 88°08’18W,
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Date Prepared: November 18,2004
Resolution 217,2004
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ALONG THE NORTH LINE OF SAID PLAT OF RCA PARK, A DISTANCE OF 586.30
FEET TO THE POINT OF BEGINNING; THENCE ALONG THE SAID NORTH LINE OF
THE PLAT OF RCA PARK THE FOLLOWING TWO (2) COURSES AND DISTANCES:
1, N 88O08’18” W A DISTANCE OF 308.47 FEET; 2. N 88O10’56” W A DISTANCE OF
217.18 FEET TO A POINT IN THE EAST LINE OF RCA BOULEVARD; THENCE N
IO0I3’44” W, ALONG SAID EAST LINE A DISTANCE OF 194.30 FEET; THENCE S
88O08’18” E A DISTANCE OF 178.00 FEET THENCE N OO50’34” E A DISTANCE OF
166.36 FEET; THENCE S 88O08’18 E A DISTANCE OF 388.29 FEET; THENCE S
0°50’34” W A DISTANCE OF 356.19 FEET TO THE POINT OF BEGINNING.
CONTAINING 168,257.225 SQUARE FEET OR 3.863 ACRES, MORE OR LESS.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following five (5) waivers:
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Section 78-581, entitled “Natural Resources and Environmentally Significant
Lands,’’ to allow for 100% of offsite mitigation.
Section 78-344, entitled “Stacking Distance,” to allow for a reduction in the
required 100-foot stacking distance at both entrances to the “west” site and
“east” site.
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Section 78-31 9(2), entitled “Minimum Landscape Buffer,” to allow for an
overlapping of easements by more than five (5) feet for required landscape
buffers for the east, west, and south landscape buffers.
Section 78-1 57(h)(7), entitled “Mixed-Use PUDs,” to allow for a signage
package to be submitted as a separate application.
Section 78-344(L)(I), entitled Parking Stall Width,” to allow for 9.5-foot wide
parking spaces on the “west” site only.
SECTION 4. Said approval is subject to the following conditions, which shall be
the responsibility of the applicant, its successors, or assigns:
Ennineerinq
1. The applicant shall copy to the City all correspondence to and from
regulato’ry agencies regarding issues -on the project, including furnishing
40 copies of all permit applications, certifications, and approvals. (City
41 Engineer)
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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: November 18,2004
Resolution 217,2004
Prior to construction plan approval and the issuance of the first land
alteration permit, the applicant shall provide surety for public infrastructure
and all landscaping and irrigation costs. The required surety shall be based
on 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 building permit.
(City Engineer)
Prior to construction plan approval and the issuance of the first land
alteration permit, the applicant shall provide a cost estimate for the on-site
project improvements, not including public infrastructure, landscaping, and
irrigation costs for review and approval by the City. 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)
The applicant shall comply with all Federal 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, 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 their designee, implementation of the approved plans,
inspection and maintenance of controls during construction, and submission
of a Notice of Termination. (City Engineer)
Prior to issuance of the first land alteration permit, applicant shall submit
signed, sealed, and dated construction plans (paving, grading, drainage,
and water and sewer) and all pertinent calculations directly to the City
Engineer for review and comment. (City Engineer)
Prior to construction plan approval and the issuance of the first land
alteration permit, the applicant shall schedule a pre-permit meeting with City
staff. (City Engineer)
Prior to the issuance of the first land alteration permit, the applicant shall
provide a separate pavement marking and signage plan for review and
approval. (City Engineer)
The applicant shall comply with any and all Palm Beach County Traffic
Division conditions as outlined in PBC Traffic Division equivalency and
concurrency approval letters. (City Engineer)
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Date Prepared: November 18,2004
Resolution 21 7,2004
Landscaping
10. The applicant, its successors, or assigns shall be responsible for the
maintenance of the landscaping within the adjacent road shoulders within
the portions of RCA Boulevard and the northkouth thoroughfares adjacent
to the Property. (City Forester)
11. 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)
12. All RCA Boulevard right-of-way landscaping and the RCA Boulevard 20-foot
landscape buffer shall be installed within six (6) months of the issuance of
the clearing permit. The Growth Management Administrator shall be
authorized to grant a one-time, three (3) month extension to this
requirement upon demonstration by the applicant of a good-faith effort to
satisfy the same in a timely manner. (City Forester)
13. All northkouth road right-of-way landscaping shall be installed within six (6)
months of the issuance of the clearing permit. The Growth Management
Administrator shall be authorized to grant a one-time, three (3) month
extension to this requirement upon demonstration by the applicant of a
good-faith effort to satisfy the same in a timely manner. (City Forester)
Police
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Lighting shall not conflict with landscaping, including long-term tree growth.
(Police Department)
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 Department)
Non-glare building lighting shall be installed around the entire building
perimeter and on pedestrian walkways. (Police Department)
Entry signage shall be lighted. (Police Department)
Timer clock or photocell lighting shall be provided for nightthe use above or
near entryways and all exits, including emergency exits. (Police
Department)
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Date Prepared: November 18,2004
Resolution 217,2004
19. Numerical addresses shall be illuminated for nighttime visibility and be
unobstructed; have bi-directional visibility from the roadway; and be placed
at the front and rear of each business. (Police Department)
20. 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 180-degree peephole viewers.
e. All perimeter doors shall be equipped with hinges that utilize non-
removable hinge pins. (Police Department)
21. Prior to the issuance of the first building permit for vertical construction, the
I 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 to be located on the bank site only. (Police
Department)
Plannina and Zoninq
22. Within thirty (30) days of this approval, the applicant shall revise the
landscape plan and provide the same landscape pallet along the entire
southern property line, east of the future north/south road, as provided with
the Hilda Flack project (a.k.a. Lot 2 of RCA Park of Northcorp PCD) to
prevent conflicts with the drainage easement. (Planning & Zoning)
23. All rooftop mechanical equipment shall be screened from view. (Planning &
Zoning)
24. Prior to the issuance of the first building permit, the Property shall be
platted. (Planning & Zoning)
25. 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 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 & Zoning)
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East Building (one-story)
Commercial use: 12,450 square feet
On first floor and 2,625 square feet on
second floor
Medical use: i 7,550 square feet
Office use: 1,700 square feet on
second floor
Total square footage: 34,325
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West Building (four-story)
Office use: 45,500 square feet
Financial use: 2,500 square feet
Total square footage: 48,000
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Date Prepared: November 18,2004
Resolution 21 7,2004
The four-story building located west of the northlsouth road shall not contain
any medical or commercial uses, unless the site plan is revised to comply
with the applicable parking requirements and traffic concurrency. (Planning
& Zoning)
The approved uses for the Gardens Station Planned Unit Development shall
consist of the following: administrative services, construction offices,
certified public accountant, interior design, landheal estate development,
insurance ofice, attorneys, real estate, engineers, department stores, home
furnishings, home improvement, florist, printing, dentist, electrolysis,
physician, medical office, veterinarian, banks, mortgage lender, mortgage
brokerage, stock brokerage, and restaurant. Any proposed use that
contains a higher parking andlor traffic ratio than the approved traffic
concurrency for this project will require an updated traffic equivalency and
parking demand study be conducted and approved by the City Engineer
before issuance of an occupation license. (Planning & Zoning)
Within ninety (90) days of this approval, the applicant is required to have
City Council approval of the proposed offsite mitigation petition. (Planning &
Zoning )
In the event that off-site mitigation for at least 1.5 acres is provided through
a conservation easement and the underlying property is sold to the South
Florida Water Management District or other entity, the petitioner,
successors, or assigns shall be responsible for paying the City $1 10,000 for
money in lieu of off-site mitigation within ninety (90) days of the sale date.
(Planning & Zoning)
7
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, 17
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32.
33.
Date Prepared: November 18,2004
Resolution 217,2004
Within thirty (30) days of City Council approval and prior to the issuance of
the first building permit, the applicant shall provide a Traffic Equivalency
Analysis identifying the revised allocation of uses for approval by Palm
Beach County, In the event the Equivalency Analysis is not approved by
the County, the applicant shall revise the allocation of uses and, if
necessary, the site plan to provide for some actual two (2) story space of
retail uses in the eastern building fronting the street. (Planning & Zoning)
Prior to issuance of the first building permit, the applicant is required to
comply with the Art in Public Places requirement by depositing an amount of
money equal to the art fee into an escrow account 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. All art
shall be completed and installed prior to the issuance of the Certification of
Occupancy. (Development Compliance)
Should a financial institution use not occur on the west parcel, as proposed,
the applicant may submit an Equivalency Analysis to provide for additional
second floor area in the eastern building. The specific use and square
footage shall be subject to the approval of the Equivalency Analysis by Palm
Beach County and an Administrative Amendment by the Growth
Management Department. The use shall be consistent with the approved
list of uses for the subject PUD. (Planning & Zoning)
Within thirty (30) days of City Council approval, the applicant shall submit a
cross-access easement agreement, in a form acceptable to the City
Attorney, with the property owner for the Parcel 5B property to the north.
The easement agreement shall provide for the right of use, construction,
and 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 Boulevard shall be equally shared by
Parcel 58 and the subject property. Said agreement shall be recorded in
the Public Records of Palm Beach County within ninety (90) days of the
effective date of this Resolution.
Miscellaneous
34. Required digital files of the approved plat shall be submitted to the Planning
and Zoning Division prior to the issuance of the first building permit, and
approved civil design and architectural drawings shall be submitted prior to
the issuance of the first Certificate of Occupancy. (GIs Manager,
Development Compliance Officer)
8
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Date Prepared: November 18,2004
Resolution 217,2004
35. Prior to the issuance of the first Certificate of Occupancy, the master
property owners association documents and restrictions shall be furnished
by the applicant to the City Attorney for review and approval prior to such
documents being recorded in the Public Records of Palm Beach County,
unless an association is not formed. (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 8: Site Plan and Landscape Plan, prepared by Cotleur
Hearing, last revised on December 13, 2004, and received and stamped by
the City on December 14,2004.
2. Gardens Station East architectural plans, Sheets A-I through A-4, prepared
by William Beebe, received by the City on November 2,2004.
3. Gardens Station West architectural plans, Sheets A-I through A-5, prepared
by William Beebe, received by the City on November 2,2004.
4. Gardens Station Amenities Plan, prepared by Cotleur and Hearing, one
sheet total.
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 adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: November 18,2004
Resolution 217,2004
PASSED AND ADOPTED this f 6% day of Qock 8% ,2004.
CITY OF PALWCH GARDENS, FLORIDA
ATTEST: W
BY:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Chxtine P. Tatum, City Attorney
VOTE: AYE- NAY ABSENT
MAYOR JABLIN
/ --- VICE MAYOR RUSSO
/ --- COUNCILMEMBER DELGADO
COUNCILMEMBER LEVY
J COUNCILMEMBER VALECHE ~~~
\\pbgsfile\Attorney\anorney_share\RESOLUTlONS\gardens station - reso 217 2004.doc
10
c
I
CONSULTING CIVIL ENGINEERS,
SURVEYORS h MAPPERS
CIVIL
AGRICULTURAL
ATER RESOURCES
WATER & WASTEWATER
TRANSPORTATION
SURVEY & MAPPING
GIS
1’.
“Partners For Results
Value By Design’’
k&.lbth.com
MEMORANu UM
TO:
FROM:
DATE: November 9,2004
FILE NO, 03-4308
SUBJECT: Gardens Station East & West
Trip Generation Analysis Review
The City’s traffic consultant, MTP Group, Inc. and Palm Beach County Traffic
Division have completed their coordinated review of the Trip Generation Analysis
(dated July 25, 2003 and revised June 21, 2004) prepared by Kimley-Horn &
Associates, Inc. for conformance with the Palm Beach County and City of Palm
Beach Gardens Traffic Performance Standards for the above referenced project.
Their review concludes there is no increase in traffic due to the proposed
development, and the report meets the Traffic Performance Standards of Palm
Beach County.
k
A copy of MTP Group’s draft comment memorandum dated July 15, 2004 was
previously ‘sent on Auglst 24, 2004. Attached is a copy of MTP Gioup’s final
comment memorandum dated November 5, 2004 as well as a copy of Palm Beach
County’s comment memorandum dated October 28,2004.
If you have any questions or require additional information, please do not hesitate
to contact me at (772) 286-3883.
JATD/mef
cc: Tala1 Benothman - PBG (tbenothman0,pbafl.com)
Maria T Tejera - MTP Group (mtparoup@,earthlink.net)
Masoud Atefi - PBCTD (giatefi@co.palm-beach.fl.us)
\
?’
Department of Engineering
and Public Works
P.O. Box 21229
West Palm Beach, FL 33416-1229
(561) 6a4-40Qo
www.pbcgov.com
Palm Beach County
Board of County
Commissioners
Karen T. Marcus, Chair
Tony Masllotti. Vice Chairman
Jeff Koons
Warren H. Newel1
Mary McCarty
Burt Aaronson
Addle L. Greene
County Administrator
Robert Weisman
‘An Equol Oppormniry
AJfirmotive Acrion Employer’
October 28,2004
” Ms. Judy Dye
LBFH Inc.
Assistant City Engineer
City of Palm Beach Gardens
3550 S.W. Corporate Pkwy.
Palm City, FL 34990
RE: Gardens Station East & West - f.k.a. RCA MXD - Revised Plan
TRAFFIC PERFORMANCE STANDARDS REVIEW
Dear Judy:
The Palm Beach County Traffic Division has reviewed the revised traffic study for the
previously approved project entitled; Gardens Station East th West - f.k.a. RCA MXD,
pursuant to the Traffic Performance Standards in Article 12 of the Palm Beach County
Land Development Code. The project is summarized as follows:
Location:
Munlcipallty:
Existing Uses:
Prev. Approval:
Proposed Uses:
New Daily Trips:
New PH Trips:
Build-out Year:
East side of RCA Boulevard, across Loehman’s Plaza.
Palm Beach Gardens.
None
27,889 SF General Office, 12,390 SF General Commercial, 120
Room Hotel, and 3,500 SF Bank WDT.
48,000 SF General Offics, and 30,000 SF Medical Office.
1,604
162 AM. 188 PM
2006
I \
Based on our review, the Traffic Division has determined that the revised development
plan of the previously approved project meets the Traffic Performance Standards of Palm
Beach County. No building permits are to be issued by the City, after the build-out date
specified above. The County traffic concurrency approval is subject to the Project
Aggregation Rules set forth in the Traffic Performance Standards Ordinance.
If you have any questions regarding this determination, please contact me at 684-4030.
Sincereiy,
OFFICE OF THE COUNTY ENGINEER
Masoud Atefi,
Sr. Engineer - IC Division
CC: Kimley-Horn &Associates, Inc.
Maria Tejera, P.E. - MTP Group
File: General - TPS - Mun - Traffic Study Review
F:\TRAFFICLrna\Adrnin\pprovais\D40609
ti?% orinfed on mcvcled oaoer
' 1 1:@5-20d 3: 16PM FROM MTP GROUP INC WPB FL $1 661 795W30 P. 1
r: Pr
ah , .. . ~ I'
12798 Forest Hill Bkd., Suite 303 I Wellington, FL 33414, USA
. Phone (561) 795-0678
Telefslx (561) 7954230
. Getthe Fax !!!
. Dateflime: Nov 05,2004 (Fri) 14:lO
To: Judy A. T. Dye, lBFH
Ref. No.:
Copy: Maraud Atefi, PBC
Fax No.: 7721 286-3925 No. of Pages: 2 (incl. this cover)
561 /478-5770
From: Maria M Teiern, P.E.
.2
RE: Gardens Station East and West '
..
Originals. follow by mail J Yes - . NO
. .:
.. ' .. ... . . .. ..
. .>,, . . hls fP1Cqimioe transmission end any. a&rnpanving document% contein infofrnation b&ng/& the sender.
his information may be confidential, legally privileg'ed, and/or protftcted,under lntarnstional cbpwight lays. The
trs'nshiebian was sent 'a,e indicetec!. ebove. If you am nq The.intend* recipient, ,eny diwloaljr?,'6opy!n,g.
di,stribufion at *Ion taken In reliance fo the content of this facoimib nanerpjssioti is Btrictly prohibited, ,If you
d&rnlthis' trensmission an error, pleaw call upl a't (W1) 796-0678.'
..
hemin sent i4 intended solely fur the u.% of, *e individual' or entity tn 'whom ctiis.'~aceimile
.. . .. ,I .._.";. . .I .. ., , ,: . .... .
&Ma' '
Please find attached ow memorandum.
.. ,
Give me a call at 561/795-0678 if you have any questions or need additional information.
C;\Documnu and Smings\Mil$h4y Documents\mrp\PeGUudy.Fex.wpd
a' ' P. 2 11-05-204 3:17PM FROM MTP GROUP INC WPB FL t1 561 795Q230
. -. p .
+
: ~~PGmup,in~.
12798 &rest Hill Bo~kvM, Suite 303
Phone: (561) 7950678 rd8tkX.' (561) 7950230
Mhgtorl, R 33414
,To: Judy A. T. Dye
, .. LBFH, hc.
MEMORANDUM
I *'
Noveyqber 5,2004 . ~ ,Date:
Subject:' . Gardens Station East &.West
.. ..
*. . .. ..
We have perfoked a rcview ofthe Gardens Station East and We$ Tiip Generation Equivalency
.
From: Mmya M. Tejera, P.E.
Based upon the information reviewed, we agree with the conclusions. There are no increase of
trbfiic due to the proposed development. Therefore, the proposed development meets traffic
concurrency standards.
Should you have any questions, please do not hesitate to call u9 at 561/795-0678.
C:\Docurncncr wd Sctzingg\Mily\My Docurncna\mrp\PBG\Gardcns Station Equivnlency Appr.wp6
November 1,2001
REVISED: November 19,2001
ORDINANCE 42,2001
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BALM BEACH GARDENS, FLORIDA, PROVIDING
FOR APPROVAL OF AN APPLICATION BY AMA OF
SOUTH FLORIDA, INC., TO AMEND PHASE 2 OF THE
“MEDICAL MALL” PLANNED UNIT DEVELOPMENT
(PUD) (NIWA THE “GARDENS CORPORATE
CENTER”), LOCATED AT THE NORTHEAST CORNER
OF THE INTERSECTION OF PGA BOULEVARD AND
ALTERNATE AIA, AS MORE PARTICULARLY
DESCRIBED HEREIN, IN ORDER TO CONSTRUCT
SIX-STORY PARKING STRUCTURE; PROVIDING FOR’
CONDITIONS OF APPROVAL; PROVIDING FOR
WAIVERS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR
AN EFFECTIVE DATE.
TWO (2) SIX-STORY OFFICE BUILDINGS AND ONE (1)
WHEREAS, the City of Palm Beach Gardens received an applicati from
OlivermGlidden & Partners, Inc., representing AMA of South Florida, Inc., for
approval of an amendment to phase 2 of a 15.6-acre planned unit development
(PUD), known as the “Medical Mall”, located at the northeast corner of PGA
Boulevard and Alternate AIA, as more particularly described in Exhibit “A”
(Phases I & 2) attached hereto;
WHEREAS, the 15.6-acre site is currently zoned planned community
district (PCD) with a planned unit development (PUD) overlay and a future land
use of professional office (PO); and
WHEREAS, the entire planned unit development (PUD) is now known as
the “Gardens Corporate Center” as was originally approved through the adoption
of Resolution 11 8, 1994; and
WHEREAS, the Growth Management Department has reviewed said
application and determined that it is sufficient and consistent with the City’s
Comprehensive Plan and Land Development Regulations; and
WHEREAS, the Growth Management Department has recommended
approval of the amendment to the planned unit development (PUD); and
Ordinance 42,2001
Meeting Date: December 6,2001
Date Prepared: November 19,2001
Petltlon PUD-99-12
WHEREAS, on August 14, 2001, the City’s Planning and Zoning
Commission reviewed said application and recommended that it be approved with
the requested waivers and subject to certain conditions.
NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OFTHE
CITY OF PALM BEACH GARDENS, FLORIDA:
SECTION 1. The City Council of the City of Palm Beach Gardens, Florida
hereby approves an amendment to a 15.6-acre planned unit development (PUD),
formerly known as the “Medical Mall”, as more fully described in Exhibit “A“
(Phases 1 & 2) attached hereto and incorporated herein by this reference. Said
PUD shall henceforth be known as the “Gardens Corporate Center.”
SECTION 2. Said planned unit development (PUD) is approved subject to
the following conditions that shall be the responsibility of the Phase I AND Phase
2 property owners, successors or assigns:
1. The MEDICAL MALL AT PALM BEACH GARDENS PLAT ONE, as
approved by Resolution 21, 1995, shall be replatted to include the
Gardens Corporate Center, prior to issuance of the next building
permit. The plat shall designate the first 55 feet associated with
Phases 2a and 2b, and the first 30 feet associated with Phase 1,
along Alternate AIA and PGA Boulevard, as open space landscape
easement for buffering and landscape purposes. (Planning &
Zoning)
2. Conditions #5, #IO, #17, and #I8 of Resolution 118, 1994
(attached) shall be carried over and re-enacted with adoption of this
ordinance. (Development Compliance)
The’loss of the traffic trips with this approval (compared to the
previous approval) shall be permanent. (Planning & Zoning).
3.
SECTION 3. Said planned unit development (PUD) is approved subject to
* the following conditions that shall be the responsibility of the Phase 2 property
owners, successors or assigns ONLY:
I. Prior to issuance of the final certificate of occupancy, the applicant
shall obtain Northern Palm Beach County Improvement District’s
standard permit. (City Engineer)
The color of the louvers shall be compatible with the surrounding
building. (Development Compliance)
The bank‘s drive-through operation shall account for less than 50%
of the bank’s business. (Planning & Zoning)
2.
3.
2
. .._ , . .. .. .. . . . . -
4.
5.
6.
7.
. a.
’ 9.
10.
11.
12.
Ordinance 42,2001
Meetlng Date: December 6,2001
Date Prepared: November 19,2001
Petition PUD-99-12
Prior to construction plan approval, the applicant, successors, or
assigns shall verify that all the requirements of the master
stormwater permit have been satisfied to the satisfaction of the City
The 9-foot-wide parking spaces on the site shall be double-striped.
(City Engineer)
The lighting intensity at the perimeter of the parking garage shall not
exceed 10.0 foot-candles. (Code Enforcement)
Prior to construction plan approval, the applicant shall amend the
construction plans to include:
a. Sidewalk detail to the paving, grading and drainage detail sheet.
(City Engineer)
b. Stop bars at the circular drives (shown on the site plan), to the
inside of the pedestrian crossings. (City Engineer)
c. Curb cuts to the sidewalks that cross the entrance to the site
from Kyoto Gardens Drive. (City Engineer)
No external signage (except for the directory sign erected pursuant
to the approved sign plan) shall be allowed for the ancillary uses
proposed within the office buildings in Phase 2. (Development
Engineer. (City Engineer) i
!
Compliance)
Upon approval of the development order, the applicant shall secure
a “Seacoast Utility Authority Capacity Allocation Commitment for
Public Water andlor Sewer Service,” which shall be verified by the
delivery of a fully executed copy of the document to the Planning &
Zoning Division within 30 days of granting of the development order.
(Planning & Zoning)
The applicant, successors, or assigns shall be required to submit a
separate future petition for City approval of the elevations of the new
signs on the site as a miscellaneous petition that requires review by
the Planning and Zoning Commission and City Council. (Planning &
Zoning )
The build-out date of this project shall be the build-out date for the
Regional Center DRI (December 31, 2004). (Planning & Zoning)
The following shall be the permitted ancillary uses in Phase 2 of this
site, and shall not be physically accessible directly from the outside
of either office building except for any required emergency exits:
-pharmacy
-newsstand
-beauty salodbarber shop
-medical retail
-card shop
3
Ordlnance 42,2001
Meeting Date: December 6,2001
Date Prepared November 19,2001
Petition PUD-99-12
-title company
-staffing company
-bookstore
-office supplieslpack & ship
-travel agency
-retail brokerage
-real estate office
-mortgage company
-restaurantlcaf&offee shoplinternet caf64baker-y
(Planning & Zoning)
If the PGA Boulevard and Alternate A1A flyover construction begins
. prior to the construction of Phases 2a and 2b, the petitioner shall
prepare the designated area for the relocation of the existing Canary
Island bate Palms and berm, per the plan approved by the Regional
Center Property Owners Association. (City Forester)
Prior to issuance of the first building permit, staff shall determine the
need for bonding by the petitioner of any off-site landscape and
hardscape required. Maintenance shall be coordinated with the
Regional Center POA. (City Forester)
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 of the gross square footage for
lease for approval by the Planning & Zoning Division. The applicant
or its agent is required to maintain the gross area for lease at 80%
business and professional office and 20% medical andlor dental
office. (Planning & Zoning)
13,
14.
15.
SECTION 4. The following waivers for Phase I are hereby granted with this
approval:
I. Special Front setback - Section 78-221 that requires a minimum 55-
foot buffer, to allow for a 30-foot front setback (existing 3801
building).
Side setback - Section 78-1 53 that requires a minimum 27-foot side
setback, to allow for a 25-foot front setback (existing 3801 building).
2.
SECTION 5. The following waivers for Phase 2 are hereby granted with
this approval:
1. Minimum width for parking spaces - Section 78-344(1), which
requires IO-foot wide parking, spaces, to allow for 9-foot wide
4
I -?-
. . . . .. __. .. . ._
parking spaces in the parking garage.
Maximum height for buildings - Section 78-153 which allows a
stories (98 feet) in height.
2.
maximum building height of 36 feet, to allow for buildings up to 6- !
I 1 i SECTION 6. Construction of the Planned Unit Development shall be in
compliance with the following plans and reports on file with the City’s Growth
Management Department:
1.
2.
3.
4.
5.
6.
7.
8.
9.
IO.
11.
December 3,1999 Cover SheeVlndex of Drawings, OliveroGlidden
& Partners, (1 sheet total).
August 25, 1999 Boundary & Topographic Survey, Miller Legg &
Associates, Inc., (I sheet total).
August 7, 2001 Site Plans (Phase 2a & 2b), OliveroGlidden &
Partners, Sheets SP-1 thru SP-2 (2 sheets total).
August 21 , 2001 Floor Plan, OliveroGlidden & Partners, Sheets A-I
thru A-7 (7 sheets total).
August 21, 2001 Garage Plan, OlivetoGIidden & Partners, Sheets
G-I thru G-6 (6 sheets total).
June 30, I999 Photometric Plan (Phase 2a & Zb), 0liver.Glidden &
Partners, Sheet E-I (1 sheet total).
January 5, 2000 Drive Thru Photometric Plan (Phase 2a & Zb),
0liver.Glidden & Partners, Sheet E-2 (I sheet total).
October 16, 2001 Conceptual Planting Plan, Environment Design
Group, Sheets 1 thru 5 (5 sheets total).
June 25, 1999 Conceptual Paving, Grading & Drainage Plan, Miller
Legg & Associates, Inc., Sheets C1 thru C4 (4 sheet total).
August 19,1999 Plans for SR 786 (PGA Boulevard) Plan, Reynolds,
Smith and Hills, Inc., (4 sheets total).
June 30,1999 Traffic StatemenVLetter from Joseph B. Pollock, Jr.,
P.E., Kimley-Horn and Associates, Inc., (3 pages total).
i
SECTION 7. If any section, paragraph, sentence, clause, phrase, or word
of this Ordinance is for any reason held by a court of competent jurisdiction to be
unconstitutional, inoperative or void, such holding shall not affect the remainder of
the Ordinance.
SECTION 8. All resolutions, ordinances or parts of ordinances of the City
of Palm Beach Gardens, Florida, which are in conflict with this Ordinance, are
hereby repealed.
5
.- .
Ordinance 42,2001
Meetlng Date: December 6,2001
Date Prepared: November 19,2001
Petltlon PUD-99-12
Ordinance 42,2001
Meeting Date: December 6,2001
Date Prepared: November 19,2001
Petitlon PUD-99-12
I
SECTION 9. This Ordinance shall be effective upon adoption.
PLACED ON FIRST READING THIS 15 DAY OF NOVEMBER 2001.
PLACED ON SECOND READING THIS 6" DAY OF DECEMBER 200
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILWOMAN FURTADO
COUNCILMAN CLARK
COUNCILMAN SABATELLO
6" DAY OF DECEMBn.
COUNCILA~WMRL SABATELLO
flLdC+ UHILWOMAN LAUREN FURTA 0
-COUNCILMAN DAVID CLARK
APPROVED AS TO LEGAL
FORM AND SUFFICIENCY BY:
AYE NAY ABSENT
J
J
c)
r/
- - - -,
J
6
Ordinance 42,2001
Meeting Date: December 6,2001
Dale Prepared November 19,2001
Petillon PUD-99-12
EXHIBIT "A"
MEDIPLEX MEDICAL MALL
LEGAL, L)ESCR I PT ION
(Overa 11 1
A PARCEL OF LAND SITUATE IN SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43
EAST; WITHLN THE MUNICIPQL LIMITS OF THE CITY ,OF PALM BEACH
GARDENS, PALM BEACH COUNTY, FLORIDA, AND BElNG MORE PART,LCULARLY
DESCR I BED AS FOLLOWS :
COMMEMCING AT THE QUARTER SECTION CORNER LOGATEP.IW THE WEST LINE
OF SAID SECTION 6; THENCE SOUTH 88"45'05" EAST, AU)NG THE SOUTH
LINE OF THE NORTHWEST QUARTER 'OF SAID SECTION Q, A DISTANCE OF
504.59 ,FEET TO A POINT ON THE EAST RIGHTcOF-WAY LINE OF STATE ROAD
811 (ALTERNATE 9-1-A) AND THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCGL:
THENCE SOUTH 14'05'09" EAST, ALONG SAID EAST R-IGHT-OF-WAY LINE, A
DISTANCE OF 328.,81 FEET; THENCE SOUTH 59'04'13" EAST, A DISTANCE OF
THENCE NOR H 75'56'43'' EAST, ALONG SAID RIGHT-OF-WAY A DISTANCE OF
195.00 PEA; THENCE NORTH 79'52'05'' EAST. A DISTANCE OF 127.90
THENCE NORTH 74'34'53" EAST. A DISTANCE OF 193.66 FEET; THENCE
NORTH 78'26'44'' EAST, A DISTANCE OF 180.17 FEET; THENCE NORTH
75"56'43" EAST, A DISTANCE OF 11.29 FEET; THENCE, NORTH 30'56'43"
EAST, DEPARTING SAID RIGHT-OF-WAY LINE, A DISTWCE OF 56.57 FEET;
THENCE NORTH 14O03'17" WEST, A DISTANCE OF 484.'04 FEET; THENCE
NORTH 54"59'19" WEST, A DISTANCE OF 32.76 FCET ,A CURVE HAVING A
RADIAL BEARING OF NORTH 05'55'20'' WEST, A RAD $OF 575.07 FEET,
ARC OF SAID CURVE. A DISTANCE OF 350.45 FEET 'TO'THE END OF SAID
CURVE; THENCE NORTH 6P03'17" WEST, A DISTANCE OF 227.10 FEET TO A
CURVE HAVING A RADIAL BEARING OF SOUTH 28'56'43" WEST, A WIUS OF
501.87 FEET, AND A CENTRAL ANGLE OF 43'46'07"; THENCE PROCEED
NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 383.38
FEET TO THE END OF SAID CURVE; THENCE SOUTH 10'29'' WEST, A
DISTANCE OF 35.97 FEET TO A POIdT ON A CURVE AND ST RIGHT OF WAY
28.29 FEET TO THE NORTH RIGHT-OF-WAY LINE OF P.G.A. BOULEVARD;
FEET; THENCE NORTH 75'56"43" EAST, A DISTANCE OF 113.55 FEET;
AND A CENTRAL ANGLE OF 34052'03"; THENCE PROCEED WESTERLY ALONG THE
LINE OF STATE ROAD 811 (ALTERNATE A-1-A); SAID CURVE IS CONCAVE TO
THE WEST.HAVING A CHORD BEARING OF SOUTH 16'31' EAST, A RADIUS
OF 17314.23 FEET, AND A CENTRAL ANGLE OF 0'35'23''; THENCE PROCEED
SOUTHERLY ALONG SAID RIGHT OF WAY LINE AND THE ARC OF SAID CURVE.
A DISTANCE OF 178.25 FEET TO THE END OF SAID CURVE; THENCE SOUTH
10°10'17" EAST, A DISTANCE OF 244.59 FEET; THENCE SOUTH 14°05'09"
EAST, A. DISTANCE OF 178.24 FEET TO THE POINT OF BEGINNING OF THE
HEREIN DESCRIBED PARCEL.
CONTAINING IN ALL, 15.60 ACRES, MORE OR LESS.
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Date Prepared: January 25,2006
RESOLUTION 19,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO
THE 103-ACRE NORTHCORP PLANNED COMMUNITY
DEVELOPMENT (PCD), GENERALLY LOCATED NORTH OF
BURNS ROAD, SOUTH OF PGA BOULEVARD, EAST OF
INTERSTATE 95, AND WEST OF ALTERNATE AIA, AS MORE
PARTICULARLY DESCRIBED HEREIN, TO MODIFY CERTAIN
CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on January 18, 1990, the City Council adopted Ordinance 1, 1990,
thereby approving rezoning from M-I , Research and Light Industrial, to Planned
Community iDevelopment (PCD) and Planned Unit Development (PUD) with an
underlying zoning of M-I, and the master development plan for said PCD; and
WHEREAS, the City has received a request from Cotleur and Hearing, Inc.,
agent for RCR Drainage Association (the “Applicant”), to amend the development order
of the NorthCorp PCD to modify and add certain conditions of approval to be consistent
with the Traffic Performance Standards Ordinance of Palm Beach County; and
WHEREAS, the Growth Management Department has reviewed the application,
has determined that it is sufficient, and has recommended approval; and
WHEeEAS, by adoption of Ordinance 9, 2006, the City Council determined that
the PUD and1 PCD master plan approvals and related conditions for the NorthCorp PCD
contained in Ordinance I, 1990 shall be transferred to this Resolution; and
WHEdEAS, the City Council has considered the evidence and testimony
presented bylthe Applicant and other interested parties and the recommendations of the
various City of Palm Beach Gardens review agencies and staff; and
WHEiEAS, the City Council has determined that adoption of this Resolution is in
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the best interest of the citizens and residents of the City of Palm Beach Gardens.
!
Now, bHEREFORE, BE IT RESOLVED BY THE CITY couNciL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that: I
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
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Date Prepared: January 25,2006
Resolution 19,2006
SECTION 2. The NorthCorp Planned Community Development (PCD) and
Planned Unit Development are hereby APPROVED on the following described real
property to permit the following development and conditions of approval:
THE PLAT OF RCA PARK, A REPLAT OF RCA BOULEVARD CENTER PLAT, AS
RECORDED IN PLAT BOOK 83, PAGES 63 AND 64, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, CONSISTING OF 6.17 ACRES, MORE OR LESS;
TOGETHER WITH:
THE PLAT OF SOUTH PARK CENTER, AS RECORDED IN PLAT BOOK 67, PAGES
87 AND 88, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
CONSISTING OF 49.40 ACRES, MORE OR LESS;
TOGETHER WITH:
THE PLAT OF NORTHCORP CENTER, AS RECORDED IN PLAT BOOK 67, PAGES
93 AND 94, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
CONSISTING OF 29.48 ACRES, MORE OR LESS;
TOGETHER WITH:
THE PLAT OF WEST PARK CENTER, AS RECORDED IN PLAT BOOK 67, PAGES 91
AND 92, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
CONSISTING OF 17.64 ACRES, MORE OR LESS.
SECTION 2. The above described property is subject to the following amended
conditions, which shall be binding upon the Applicant, its successors, assigns, andlor
grantees:
1. Maximum floor area ratio (FAR) on the overall PCD project shall not exceed
38%.
2. I Minimum front yard setback for all buildings shall be:
A. 25’ for a one (I) or two (2) story, or 25’- high structure.
B. An additional one (1) foot setback for each three (3) additional feet of
building height above 25’.
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Height restrictions:
Lots4 & 13 (South Park Center)
Lots I & 2 (RCA Blvd. Center)
NorthCorp Center Site and Lots
5,6,7,8,9, IO, 11 (South Park Center)
Lot 1
Lots I, 2,3
(West Park Center) &
(South Park Center)
Lot 12 (South Park Center)
4. Minimum Open Space* requirements:
Stories Open %ace
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28 .O%
28.5%
29.0%
29.5%
30.0%
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32.50%
33.75%
35.0%
Date Prepared: January 25,2006
Resolution 19, 2006
6 stories
8 stories
10 stories
12 stories
no development permitted
unless site is compatible to
use of parcels 8,9, and
10, as approved by the
City Council.
*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 screened pursuant to City .. Code requirements. a&je&&&
B. All roof-mounted equipment shall be totally screened pursuant to City
Code requirements.
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.
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Date Prepared: January 25,2006
Resolution 19,2006
7.
8.
No retail or commercial on the first 250’ north of Burns Road. (SATISFIED)
A 30’-wide landscape buffer along Burns Road with a berm average 3’ in
‘ height and planting. (SATISFIED)
9. Lot coverage (structures) shall not exceed 40% of the site area for a two (2)
. story building and shall be decreased by 2.5% for each additional floor of ’ height above two (2) stories (example: IO stories; 50 - 8 (2.5)= 20%).
10. A 7’ pathway (eastlwest) along Burns Road from 1-95 to Alternate AIA shall
be constructed or bonded by the property owner prior to final plat approval.
11.
12.
13.
14.
15.
16.
(SAT1 S FI ED)
Impact Fees shall be paid as set forth in any
apDlicable ordinance, law, rule, or reaulation of anv aovernmental bodv with
jurisdiction over the Propertv.
The property owner, prior to the first building permit being issued within the
PCD, shall pay $75,000 for community impact, which amount shall be
credited against any future police and fire impact fees assessed against any
development within the PCD. (SATISFIED)
The property owner or successors must comply with the DER consent
order. (SATISFIED)
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 protected from the 3 year - 1 day storm event.
Prior to the final surface water management calculations, the Applicant will
provide the size and location of the culverts along Burns Road and 1-95 and
provide for any off-site drainage. (SATISFIED)
The stormwater run-off from RCA Boulevard will need to be directed into the
on-site stormwater management system in the final design. (SATISFIED)
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Date Prepared: January 25,2006
Resolution 19,2006
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21.
The off-site drainage ditches that serve the project will need to be cleaned
of debris, vegetation, and backfill prior to the issuance of the first building
permit on any parcel except the NorthCorp Center site. (SATISFIED)
The existing corrugated aluminum weir (riser) will need to be replaced prior
to the issuance of the first building permit on any parcel except the
NorthCorp Center site. (SATISFIED)
The littoral planting shall be installed along the water retention area on the
west side of the project if required by SFWMD. (SATISFIED)
The property owner will continue a uniform streetscape continuity along all
rights-of-way. 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. (SATISFIED)
The following are uses allowed with the submission of each PJ4D site plan,
in addition to industrial and office and other M-I uses:
(Please see Condition 6 for clarity)
%A Retail:
Wearing Apparel
Toys
Sundries
Jewelry
Camera/Photos
Florist
Gift Shop
Delicatessen
Bakery
Office Equipment
Food and Drug Sales (each food or drug store shall be limited to a
maximum of 5,000 sq. ft.)
2&. Service Establishments:
BarbedBeauty Shop
Shoe Repair
Laundry/Dry Cleaner
Print Shop
Travel Agency
Employment Office
Restaurant
Health Club
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Date Prepared: January 25,2006
Resolution 19,2006
3& HoteIlMotel - One allowed in the project, limited to a maximum of 120 (i
guest rooms or suites or combination of rooms and suites
4& Art Gallery, Museum, Dance, Art, or Music Studio
5& Retail sale of beer and wine if in conjunction with restaurant or
convenience store
&L Day Care Center
A&. Bar/Liquor Store, when approved by Resolution of the City Council
8& Laundromat
Q& CarWash
W2Fraternal Organization
W& Commercial Recreation including ancillary driving ranges.
lGhM%&k Transportation conditions -d ? 3 88,aff$
as follows:
A& 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
nine hundred seventy-seven (977) AM peak hour, or nine hundred sixty-two (962) PM peak-hour trips
(“- ” “Maximum AM Peak-Hour Trips” and
“Maximum PM PeakrHour Trips’’, respectively).
(2) Any applicant appearing before the Planning, & Zoning,
Gemwsam and Appeals Board and the City Council shall
provide a calculation of the &#y-awi peak_hour trips associated
with the proposed project. A calculation of the ddyAJ-and PM
peak-hour trips shall be undertaken utilizing the latest edition of
- the Institute of Transportation Engineers’ (ITE) “Trip Generation”,
as required bv the County Traffic Performance
Standards.
a.
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Date Prepared: January 25,2006
Resolution 19,2006
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kB, Plat of West Park Center (SATISFIED)
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 prior to the issuance of any certificates of occupancy on saki Lot
I:
(I) Addition of one (I) eastbound, left-turn lane to provide dual left-
turn lanes at the intersection of RCA Boulevard and Alternate
AI A.
Mc, Plat of South Park Center (SATISFIED)
Prior to the issuance of building permits andlor certificates 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'l) Prior to the issuance of any building permits for any land uses on
Lots I, 2, 3, 4, 5, 6 or 7, the contract let for construction of West
Park Drive as a two-lane road, as well as single northbound,
southbound, eastbound and westbound left-turn lanes at the
intersection of Burns Road with Riverside DriveWest Park Drive.
(82) 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.
(~3) 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, IO, 11 ,
12, or 13.
(a) 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 sixty-six
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Date Prepared: January 25,2006
Resolution 19, 2006
(566) PM peak-hour trips for any uses the presently undeveloped
lots in the Plat of RCA Boulevard Center, the Plat of West Park
Center, and the Plat of South Park Center, the contract shall be
let for construction of one eastbound right-turn lane at the
. intersection of Burns Road and Alternate A-I-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
Military Trail. These improvements shall be complete and open to
the public prior to the issuance of any certificates of occupancy for
any land uses generating more than three thousand five hundred
sixty-nine (3,569) daily trips or five hundred sixty-six (566) PM
peak-hour trips from the undeveloped lots in the above-
referenced plats.
(es) 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
DriveWest Park Drive intersection, including all appropriate
pavement markings, signing, lighting, and the like as approved by
Palm Beach County, if warranted.
USD. All parcels within the Plat of South Park Center shall provide a signal
warrant study to determine if signalization is required at the
intersection of Burns Road with Riverside Drivemest 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.
(SAT1 SFl ED)
Only the construction of the eastbound right-turn lanes at the Burns
Road/Alternate A1A intersection and the westbound right-turn lane at
the Burns Road/Military Trail intersection shall be considered off-site
.
4. improvements.
All other improvements are site related.
Additional Riqht-of-Wav 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 AIA generally described as a
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Date Prepared: January 25,2006
Resolution 19,2006
maximum of an additional 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 approximately 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 immediately reconveyed to the
property owner or his successors and assigns. (SATISFIED)
23. Prior to the submittal of each WE3 site Dlan application, the FWAiww
Ap~licant 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 yiJ 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
p13g site plan approval, the following shall be submitted:
@&Tree survey and tree analysis prepared by a registered landscape
architect or similarly qualified professional, which for trees with a
caliper of three inches or more describes type of tree, location, caliper,
and whether it will be removed, replaced, or relocated.
All existing oak trees with a caliper of eight inches or greater will be'
preserved and protected during construction.
25. The property owner agrees and is obligated to include or cause to be
included the property ("Property") in any unit of development, special
district, community development district, or local unit of special purpose
government created by a duly constituted governmental entity ("Special
District") for the purpose of planning, establishing, acquiring, constructing,
reconstructing, enlarging, extending, equipping, 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 (Le., acre by acre or residence by residence) and shall be
determined in accordance with the applicable laws, ordinances, rules, and
regulations of the State of Florida, County of Palm Beach, and the City of
Palm Beach Gardens. Provided further, that upon creation of any Special
District it must be demonstrated by the Special District 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 these requirements shall be
credited to the Property by such Special District. The owners of the
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i Date Prepared: January 25,2006
Resolution 19,2006
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Property shall be given not less than 120 days prior written notice before “I
formation of any Special District 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 Community Center on Burns
Road must be paid to the City. (SATISFIED)
27. ’ A Helipad shall be a permitted use in this PCD.
*,.
SECTION 3. Said approval shall be in compliance with the following documents
on file with the City’s Growth Management Department:
1. Traffic Evaluation with attachments, prepared by Kimley-horn and
Associates, Inc., received and date stamped by the City on December. 16,
SECTION 4. This approval shall be consistent with all representations made by
’ 2005.
9.
the Applicant or Applicant’s agents at any workshop or public hearing.
SECTION 5. All future amendments to the NorthCorp PCD shall be approved by
SECTION 6. This Resolution shall become effective immediately upon adoption.
Resolution.
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Date Prepared: January 25.2006
Resolution 19,2006
,2006. PASSED AND ADOPTED this dM day of Md
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a
IO ATTEST:
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
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15 Patricia Snidkr, CMC, City-Clerk
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20 LEGAL SUFFICIENCY
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APPROVED AS TO FORM AND
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Cnstine P. Tatum, City Attorney
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29 VOTE:
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31 MAYOR RUSSO
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33 VICE MAYOR JABLIN
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35 COUNCILMEMBER LEVY
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37 COUNCILMEMBER VALECHE
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39 COUNCILMEMBER BARNETT
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AYE NAY ABSENT
J ---
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\\pbgsfile\attorney\attorney_share\resolulions\resolution 19 2006 cclnesclean2.doc j'
11
Departmcnt of Engineerhg
and Public Works
P.O. Box 21229
West Palm Beach, PL 33416-1229
(561) 684-4000
www.pbcgov.com
U'
Palm Beach County
Board of County
Commlssioncrs
mny Masllotti. Chairman
Addie L. Creene. Vice Chairperson
Karen T. Marcus
Jeff Koons
Warren H. Newell
Mary McCarty '
Burt Aaronson
County Admlnlstraator
Roben Weisman
'An Equal Opportunily
A/jinnotive Action Employer'
December 19,.2005
Mr. Michael Sanchez
Principal Planner
:lty of Palm Beach Gardens
0500 N. Military Trail
'alm Beach Gardens, FL 3341 0
ZE: Anspach, Lot 1 and Lot 2
TRAFFIC PERFORMANCE STANDARDS REVIEW
)ear Mr. Sanchez:
The Palm Beach County Traffic Division has reviewed the traffic statement for the
3xpanslon of the Arispach development located wiiilin the Northcorp PCD, pursuant to
he Traffic Performance Standards in Article 12 of the Palm Beach County Land
Ievelopment Code. The project is summarized as follows:
,ocatlon: west side of Alternate AIA between RCA Blvd. and Burns Rd.
Wuniclpality: Palm Beach Gardens
3xistlng and Approved Uses:
116-room Hotel; 15,000 sf Design Center; 50,000 sf
Warehouse (Lot ## 9); 380,193 sf Office; 129,511 sf Industrial;
and 80,600 sf Self Storage
I 16-room Hotel; 15,000 sf Design Center; 50,000 sf .
Warehouse (Lot # 9); 443,968 sf Office; 162,177 sf
Industrial; and 80,600 sf Self Storage
0 (this is an equivalency)
0 (this is an equivalency)
Uew Proposal:
New Daily Trips:
New PH Trips:
Based on our review, the Traffic Division has determined that the revised
development plan of the previously approved Northcorp PCD meets the Traffic
Performance Standards of Palm Beach County because it does not exceed the " 962
maximum PM peak hour trips" specified in Condition # 22 of City of Palm Beach
Gardens Ordinance 1, 1990. However, the Traffic Division has the following
recommendations with respect to Development Order conditions:
1) Condition # 22 of the current Development Order (City Ordinance 1, 1990)
also specifies a 6063 maximum daily trip limit. Although a daily trip standard
is no longer part of the Traffic Performance Standards Ordinance, it is still part
of this condition and can be enforced by the municipality.
2) Although specified by Condition # 22, the use of the 4'h Edition of the Institute of Transportation Engineers (ITE) book "Trip Generation" to calculate trip
generation volumes is not consistent with the current Traffic Performance
Standards Ordinance. However, due to the absence of a Master Plan
identifying an approved set of land uses and quantities at the time of the
original 1990 year project approval, the 4lh Edition was determined to be an
appropriate means to arrive at this vesting information.
t I ,’.
Page 2
3) To establish consistency with the current Traffic Performance Standards, the
following changes are recommended to Condition # 22.1. 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 &
tbeu- ’ ’ nine hundred seventv-seven (977) AM
peak hour, or nine hundred sixty-two (962) PM peak hour trips (,,-
Ba#y++# “Maximum AM Peak Hour Trips” and “Maximum PM Peak Hour
Trips”, respectively).
2. Any applicant appearing before the Planning and Zoning Commission and
the City Council shall provide a calculation of the &i&-aad peak hour trips
associated with the proposed project. A calculation of the daily-wand PM
peak hour trips shall be undertaken utilizing the latest edition of the Institute of
Transportation Engineers (ITE) Trip Generation’ ,- * as required
by the County Traffic Performance Standards.”
4) Rules set forth in the Traffic Performance Standards Ordinance.
The County traffic concurrency approval is subject to the Project Aggregation
If you have any questions regarding this determination, please contact me at 684-
4030.
Sincerely,
OFFICE OF THE COUNTY ENGINEER
Allan A. Ennis, P.E., AlCP
Assistant Director - Traffic Division
cc:
.,
Lorin Brissett, P.E., Kimley-Horn and Associates, Inc.
Tarnmy Lee, Palm Beach County Deputy County Engineer’s Office
File: ’ General - IPS - Mun - Traffic Study Reviews
F:\TRAFFIC\ma\Admin\pprovals\O5122 1 .doc
Date Prepared: January 25,2006 !I '
TABLE 1
The NorthCorp PCD was approved with the following summary:
I Meeting Date: February 16,2006
Ordinance 9,2006 / Resolution 19,2006
Prouosed Expansion Existing and Apuroved Uses Total
(square feet) (square feet) (square feet)
Office I
Industrial
63,775
32,666
Hotel . none
Design Center none
380,193
1293 1
1 16-room
15,000
443,968
162,177
1 16-room
15,000
Warehouse . none 50,000 50,000
Self Storage none 80,600 80,600
The County traffic concurrency approval allows 63,775 square feet of office use and 32,666 square feet of light
industrial use, with a total of 96,441 square feet, for the proposed PCD development without exceeding the 962 PM
peak hour trip threshold. Consequently, the applicant has allocated 57 PM peak hour trips/16,275 square feet of
ofice use and 32,666 square feet of light industrial use to Lot 1 of South Park Center (companion petition) and
reserved 62 trips/40,800 square feet of office use for Lot 9 with 73 trips/ 47,500 square feet of ofice use remaining
for any hture development within NorthCorp PCD.
PM Peak Hour Trim Equivalent to Building
Square Feet
Reserved for Lot 1 of S. Center Park
(Anspach- Total: 48,94 1 Square Feet)
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16,275 - Office
32.666 - Liaht Industrial
48,941
Available: 73 47.500 -0fice
SUBTOTAL: 130 96,441
(Office: ,63,775 square feet . Industrial: 32,666 square feet)
Used 770 11 6-room - Hotel
15,000 - Design Center
50,000 - Warehouse
380,193 - Ofice
129,511 - Industi-ial
80,000 - Self Storage
Reserved for lot 9 of S. Center Park 62 40.800 - Office
TOTAL: 962 116-room - Hotel
15,000 - Design Center
50,000 - Warehouse
443,968 - Oflice
162,177 - Industrial
80,000 - Self Storage
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Date Prepared: October 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
CENTER PLANNED COMMUNITY DEVELOPMENT (PCD)
MILITARY TRAIL TO THE WEST, THE WINCHESTER COURTS
AND GARDEN WOODS RESIDENTIAL DEVELOPMENTS TO THE
NORTH, ALTERNATE AIA 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;
PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF
APPROVAL; AND PROVIDING AN EFFECTIVE DATE.
DEVELOPMENT PLAN FOR THE 78.96-ACRE PGA CORPORATE
GENERALLY BOUNDED BY INTERSTATE 95 RIGHT-OF-WAY AND
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,
LLC, 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 AIA 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
Industrial 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 11, 2005, meeting and recommended its 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
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Date Prepared: October 19,2005
Resolution 166,2005
WHEREAS, the City Council has determined that adoption of this Resolution is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION I. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The 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 1, 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
NORTH E RLY L I M ITE D ACCESS RIG HT-0 F-WAY L I N E FOR SA1 D I NT E RSTATE
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
OFFICIAL RECORD BOOK 17322, PAGE 1841, AND OFFICIAL RECORDS BOOK
18372, PAGE 1906, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORl DA.
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 19,2005
Resolution 166,2005 ‘(a1
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SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following two (2) waivers:
1. Section 78-506, Sidewalks, to allow a sidewalk on only the south side of
Kyoto Gardens Drive.
2. 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
the responsibility of the Applicant, its successors, or assigns:
Planning and Zoning
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At the time of platting, the Applicant shall dedicate a IO’ 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)
Prior to the issuance of each permit for vertical construction, the Applicant
shall contribute one percent (1%) of the construction cost of the building(s)
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
othewise determined by the Art 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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Resolution 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, (I) 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)
Prlor 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 & 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)
6. 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)
7. Retail sales and consumer services establishments are allowed only as
accessory uses to any permitted or conditional use within the MA 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.
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Date Prepared: October 19,2005
Resolution 166,2005
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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 the 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)
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)
10. 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)
Landscaping
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 (1) the supplemental landscaping within the ten (IO) acre
preserve and the landscape buffer on the north side of Kyoto Gardens
Drive; (2) the pertion 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 AIA from PGA
Boulevard to the northern boundary of the Property; and (4) the Alternate
A1A 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 Forest e r )
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Date Prepared: October 19,2005
Resolution 166,2005
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 A1A; (2) the western road shoulder and
one-half (112) of the median of Alternate A1A from PGA Boulevard to the
northern boundary of the Property; and (3) the northern road shoulder and
one-half (112) of the median of PGA Boulevard from Alternate A1A 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 northern
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 AIA from
PGA Boulevard to the northern boundary of the Property and the Alternate
AIA 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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Date Prepared: October 19,2005
Resolution 166,2005
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Engineering
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 (1:10) 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 10:1
littoral shelves and must be approved by the City Forester: Trees shall be
planted in clusters no greater than 30 feet wide; and cluster 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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Resolution 166,2005
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 AIA 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 AIA 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 AlA 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 AIA 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 AIA 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 19,2005
Resolution 166,2005
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
I 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 NPDES 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) and/or
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
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)
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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 8, 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
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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.
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PASSED AND ADOPTED this /z day of DE& IP6K ,2005.
ATTEST:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMEMBER LEVY
COUNCILMEMBER VALECHE
COU NC I LM EM B E R BARNETT
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\\PbgsfileV\ttorney\attorney-~hare\RESOLUTlONS\5A - reso 166 2005-as amended-12-1-05.doc
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Date Prepared: February 2,2006
RESOLUTION 26,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO
THE MASTER DEVELOPMENT PLAN FOR THE APPROXIMATELY
(A.K.A. “PARCEL 5B”), APPROVED BY WAY OF RESOLUTION
216, 2004, GENERALLY BOUNDED BY THE PGA FLYOVER TO
THE NORTH, THE FLORIDA EAST COAST (FEC) RAILWAY TO THE
EAST, THE GARDENS STATION PUD TO THE SOUTH, AND RCA
BOULEVARD TO THE WEST, AS MORE PARTICULARLY .
DESCRIBED HEREIN, TO MODIFY CERTAIN CONDITIONS OF
APPROVAL AND TO ALLOW: A REALLOCATION OF SQUARE
FOOTAGE BETWEEN CERTAIN BUILDINGS ON SITE; REVISED
FOOTPRINTS AND ELEVATIONS OF CERTAIN BUILDINGS;
ADDITION OF A PARKING STRUCTURE; AND OTHER MINOR
CHANGES TO THE SITE AND LANDSCAPE PLANS; PROVIDING
ADDITIONAL WAIVERS; PROVIDING ADDITIONAL CONDITIONS
OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE.
30-ACRE RCA CENTER PLANNED UNIT DEVELOPMENT (PUD)
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 (PUDA-05-09-01) from Mr.
Jeffery P. Marshall of RCA Center I1 of Florida, LLC for approval of an amendment to
the approximately 30-acre RCA Center Planned Unit Development (PUD), generally
bounded by the PGA Flyover to the north, the Florida East Coast (FEC) Railway to the
east, the Gardens Station PUD to the south, and RCA Boulevard to the west, as more
particularly described herein, to allow: (I) a reallocation of square footage between
certain buildings on site; (2) revised footprints and elevations of certain buildings to
accommodate the changes in square footage; (3) the inclusion of a parking structure;
(4) other minor changes to the site and landscape plans; and (5) modifications to certain
conditions of approval; 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 consistent with the City’s Comprehensive Plan
and Land Development Regulations, and has recommended its approval; and
Date Prepared: February 2,2006
Resolution 26,2006
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WHEREAS, the Planning, Zoning and Appeals Board reviewed said petition at its
January 10, 2006, and April 25,2006, meetings and recommended its approval; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Applicant and other interested parties and the recommendations of the
various City of Palm Beach Gardens review agencies and staff; and
WHEREAS, the City Council has determined that adoption of this Resolution is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION I. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The amended Master Development Plan application of RCA Center
II, LLC, is hereby APPROVED on the following real described property, to permit the
development of 25,000 square feet of retaiVshopping center use, 105,400 square feet
of office use, 15,000 square feet of medical office use, 59,200 square feet of light
industrial use, and 178,647 square feet of furniture store use on an approximately 30-
acre parcel of land, known as “Parcel 5B,” generally located on the southwest corner of
Alternate AIA and PGA Boulevard, subject to the conditions of approval contained
herein, which are in addition to the general requirements otherwise provided by ordinance.
The amendment allows: (I) a reallocation of square footage between certain buildings
on site; (2) revised footprints and elevations of certain buildings to accommodate the
changes in square footage; (3) the inclusion of a parking structure; (4) other minor
changes to the site and landscape plans; and (5) modifications to certain conditions of
approval.
LEGAL DESCRl PTION:
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 amendments to the waivers approved by way of Resolution 216,
2004:
1. Section 78-563, Lake Maintenance Tracts, to allow encumbrances with
certain Lake Maintenance Easements (LME) in specific areas identified on
the approved development plan.
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Date Prepared: February 2,2006
Resolution 26,2006
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 tenantlbuilding 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. *
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.
Section 78-374(h), Location, to allow for 13 covered parking spaces to be
located within 100 feet of PGA Boulevard.
Section 78-287(8), General Standards, to allow for tenants having federally
registered trademark signs to use their registered color scheme on signs
facing the parking areas.
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Section 78-344(1)(1), Minimum Dimensions, to allow 9.5-foot-wide parking
spaces at certain locations as reflected on the approved site plan and within
the parkinq structure.
9. Section 78-320(b), Foundation Landscapinq and Planting, to allow for a
reduction in foundation landscapinq at certain areas on site as depicted on
the landscape plan.
SECTION 4. The conditions of Resolution 216, 2004 are amended as follows
and shall be the responsibility of the Applicant, its successors, or assigns:
Enqineerinq
1. 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 andlor proposed utility
easements. (City Engineer) lSATlSFlED)
2. Prior to the issuance of the first land alteration permit, the Applicant shall
provide a Roadway Signage and Marking Plan for review and approval.
(City Engineer) (SATISFIED)
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Date Prepared: February 2,2006
Resolution 26,2006
Prior to the issuance of any additional building permits for vertical
construction within the portion of the site bounded bv PGA Boulevard to the
north, RCA Boulevard to the west, Desiqn Center Drive to the south, and
RCA Center Drive to the east (hereinafter referred to as the "Northwest
Pod") 1 ' , 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 lighting 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 78-448 of the LDR. (City Engineer)
(SATISFIED)
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) (SATISFIED)
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)
[SATI S FI ED)
The Applicant shall provide all necessary construction zone signage and
fencing as required by the City Engineer. (City Engineer)
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The Applicant shall provide the City copies of all permit applications and
approvals. (City Engineer)
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Date Prepared: February 2,2006 Resolution 26,2006
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 tbek its 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 Traftic Division concurrency
approval letters 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) (SATISFIED)
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
A1 A, including an at-grade crossing of the FEC track bed. 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 "A" 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.
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Date Prepared: February 2,2006
Resolution 26,2006
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. (City Engineer)
14. 58 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 5B. This parcel and all other portions of the
North/South Road owned by FDOT and NPBCID are hereinafter referred
to as the “58 Road.” lSATlSFlED)
b. The Applicant shall, prior to the issuance of the first Certificate of
Occupancy for Parcel 5B, design, build, and construct the 5B Road, with
the exception of the portion of said road north of its intersection with
Desiqn Center Drive, which shall be completed prior to the first
Certificate of Occupancy within the Northwest Pod. Said road shall be
, constructed as a two (2) lane divided roadway with landscaped median
within aNy-0 an eiqhty (80) 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. {City Enqineer)
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Date Prepared: February 2,2006
Resolullon 26,2006
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 58 Road to Kyoto Gardens Drive, hereinafter referred to - as the “5A Road.” lSATlSFlED)
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b. Bv Januarv 1, 2008, Tihe Applicant shallk
design, build, and substantially
complete twt&& the 5A Road and the portion of Kyoto Gardens Drive
connecting the 5A Road to Militarv Trail. The 5A Road shall be
constructed as a two (2) lane divided roadway with landscaped median
within a4Q an 80-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 buffei
calculations and setback requirements. Failure of the Applicant to meet
this deadline shall result in the issuance of a stop-work order for the
proiect for all construction activities not required for the construction of
said roads, as well as the ceasinq of issuance of Certificates of
Occupancv for the project until such time when the roads are complete.
The issuance of a stop-work order shall be in addition to any other
enforcement methods available to the Citv to ensure compliance with
this condition. (Citv Enqineer)
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. (City Engineer) 1s AT1 S F I ED)
Landscaping
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a. Prior to the issuance of the first Certificate of Occupancy for the
Northwest Pod. all of the landscapinn buffers within the Northwest Pod
shall be completed, with the exception of those buffers immediately
. adiacent to Buildinns 3 and 4, which shall be completed prior to the
issuance of the Certificates of Occupancv for those buildinas. (City
Forester)
b. Prior to the first Certificate of Occupancy for the portion of the site
bounded bv Desian Center Drive to the north, RCA Center Drive to the
east, RCA Boulevard to the west, and the Gardens Station PUD to the
south, hereinafter referred to as the “Southwest. Pod.” all of the
landscapinq buffers for the Southwest Pod and the landscaping
surrounding Lake #2. includinq the east and south buffers, shall be
installed. The remainder of the landscape buffers within the portion of
the site east of RCA Center Drive shall be installed concurrentlv with the
development of that portion of the site. (Citv Forester)
Prior to the issuance of the first Certificate of Occupancy, the landscaping
shall be installed within the medians and road shoulders within kx#+#e
Center Drive. (City Forester)
e 0. Desiqn
The Applicant, its successors, or assigns shall be responsible for the
shoulders within the portions of PGA Boulevard and RCA Boulevard
adjacent to the property; ad (2) the medians and road shoulders within
both the northlsouth and the east/west thoroughfares within .the property;
and (3) the western road shoulder and one-half of the center island median
of the portion of Alternate AIA adiacent to the property. (City Forester)
maintenance of the landscaping within: (1) the medians and adjacent road ‘(
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)
The installation of the covered parking structures-
&XNMS& shall not conflict with landscaping, including long-term tree growth.
(City Forester)
Bv (three (3) months from the effective date of this Resolution). the
Applicant shall submit landscape plans for the beautification of the western
road shoulder for the portion of Alternate AIA adiacent to the property.
/Citv Forester)
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Date Prepared: February 2,2006
Resolution 26,2006
BV (six (6) months from the effective date of this Resolution). the
landscapinq and irriaation of the western road shoulder of the portion of
Alternate AIA adiacent to the propertv shall be installed to the satisfaction
of the City Forester. Should the landscapinq approved bv the Citv Forester
not require irriaation, the installation of irriqation shall not be rewired. In the
event the installation is delaved due to permittinq or other qood cause. the
Growth Manaqement Administrator may grant an extension provided a I
good-faith effort bv the Applicant to satisfv the condition has been
documented. (Citv Forester)
Bv (nine (9) months from the effective date of this Resolution), all
prohibited and invasive non-native plants shall be removed from the Florida
East Coast Railwav (FEC) right-of-wav. subiect to the approval of the FEC.
In the event said removal is delaved due to permittinq or other aood cause,
the Growth Manaqement Administrator may grant an extension provided a
good-faith effort bv the Applicant to satisfv the condition has been
documented. (Citv Forester)
All around-mounted utilitv equipment shall be screened from public view to
the satisfaction of the Citv Forester. (Citv Forester)
The nine (9) planters installed on the top level of the parking garage, the
size and type of which shall be to the satisfaction of the Citv Forester, shall
contain triple palm trees. Planters shall be permanently affixed to the
structure and located in areas' acceptable to the City Forester. (City
Forester)
The Applicant shall install and maintain a minimum of one (1) fountain within
each lake. (Citv Forester)
Lighting shall not conflict with landscaping, including long-term tree growth.
(Police)
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)
Non-glare building lighting shall be installed around the entire building
perimeter and on pedestrian walkways. (Police)
Entry signage shall be lighted. (Police)
Date Prepared: February 2,2006
Resolution 26,2006
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Timer clock or photocell lighting shall be provided for nighttime use above or (i
near entryways and all exits, including emergency exits. (Police)
Numerical addresses shall: (I) be illuminated for nighttime visibility and be
unobstructed; (2) have bi-directional visibility from the roadway; and (3) be
placed at the front and rear of each business. (Police)
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 180-degree peephole viewers.
e. All perimeter doors shall be equipped with hinges that utilize non-
removable hinge pins. (Police)
(( Prior to the issuance of anv additional t.b+#kA building permits for vertical
construction within the Northwest Pod, the Applicant shall work with the
Police Department to develop a highTresolution 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)
30 35. Prior to the issuance of any additional building permits for vertical
31 construction within the Northwest Pod, the photometric plan for the interior
32 of the parking structure shall be approved by the Citv. The lighting within
33 the parking garage shall comply with the lishting standards for parking
34 garages established bv the llluminatinq Enqineering Societv of North
35 America (IESNA). (Police)
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- 36. Within ninety (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 modification(s) is architecturally consistent with the
approved buildings. Should any of the aforesaid not be adequately
satisfied, the revised development plans shall be reviewed and approved by
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Date Prepared: February 2,2006
Resolution 26,2006
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.
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The Applicant shall revise the building elevations to include three (3)
color palette combinations for the buildings on site.
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.
The Applicant shall revise the building elevations to clearly reflect all
exterior building colors and materials.
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.
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.
The Applicant shall provide additional landscaping within the vacant
area north of Building #2 to the satisfaction of the City Forester.
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.
The Applicant shall provide at least twenty (20) additional pedestrian
benches throughout the site and label them on the plan accordingly.
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.
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. /ALL OF
CONDITION 38 SATISFIED)
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Date Prepared: February 2,2006
Resolution 26,2006
- 37. All rooftop mechanical equipment shall be screened from view. (Planning &
Zoning)
- 38. 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
.j 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 (1) the construction of a bus
shelter in a timely manner to accommodate Palm Tran’s needs for the
same; and (2) the maintenance of the bus shelter. (Planning & Zoning)
- 39. 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)
- 40. 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)
41. 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
& Zoning)
- 42. Prior 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)
- 43. Wall signs shall not exceed 70% of the immediate vertical and horizontal
surface area to which they are attached. (Planning & Zoning)
(NOLONGER
APPLICABLE)
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Date Prepared: February 2,2006
Resolution 26,2006
44. 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 & Zoning)
- 45. Outdoor storage within the site is prohibited. (Planning & Zoning)
- 46. 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)
47. No striped awnings shall be permitted on site. (Planning & Zoning)
- 48. Prior to the issuance of tke each %building permit for vertical
construction, 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 Certificate of Occupancy for
Building #I. 1
(Planning & Zoning)
- 49. Within ninety (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 North/South 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 South Florida East Coast Corridor Transit &+&w
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 & Zoning)
{PARTIALLY SAT1 SFl ED)
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Date Prepared: February 2,2006
Resolution 26.2006
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LONGER APPLICABLE)
50. Any reallocation of uses and square footaqe on site will require the approval
of a traffic impact analysis or traffic equivalency statement, as well as
compliance with the Citv’s parking requirements. (Planninq & Zoning)
51. Within two (2) months of the issuance of the last Certificate of Occupancy
for the Northwest Pod, the parcel of land lying east of RCA Center Drive
shall be stabilized with grass seed or sod and shall be maintained to the
Citv’s maintenance standards at all times by the Applicant. (Plannina &
Zoninq)
52. Prior to the issuance of any additional building permits for vertical
construction within the Northwest Pod, the Applicant shall provide
correspondence indemnifying the City with respect to any environmental
remediation required for the acceptance of RCA Boulevard from the FDOT,
to the satisfaction of the City Attornev. (Planninq & Zoninq)
53. Prior to the issuance of any additional buildinq permits for vertical
construction within the Northwest Pod, the Applicant shall, with the written
consent of the property owner for the Gardens Station PUD, submit an
application for an Administrative Approval to revise the approved Gardens
Station Master Plan to reflect the removal of the previously-approved shared
drivewav along RCA Boulevard. (Planninq & Zoninq)
54. By (six (6) weeks from the adoption of this Resolution),
the Applicant shall erect a six (6) foot tall construction fence with a privacy
tarp alonq the entire property line adjacent to RCA Boulevard and any
portion of PGA Boulevard that is below the heiqht of the fence. Failure by
the Applicant to comply with this deadline shall result in the ceasing of
inspections or issuance of permits for the project by the City, which shall be
in addition to any other enforcement methods available to the City to ensure
compliance with this condition. (Planning & Zoning)
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Date Prepared: February 2,2006
Resolution 26,2006
Miscellaneous
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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)
44% 56. 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 April 7, 2006 BeseftteeF 8, 1884 , and
received and stamped by the City on April 19,2006 -.
2. RCA Center Architectural Package, prepared by Architectural Desiqn
Associates # 1 *I , and received
and stamped by the City on April 19,2006 hlnllcrmhnr G, 2OM. .
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 IO, 2004.
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SECTION 6. This approval shall be consistent with all representations made by
the Applicant or Applicant’s agents at any workshop or public hearing.
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SECTION 7. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: February 2,2006
Resolution 26,2006
PASSED AND ADOPTED this Y” day of fb4 , 2006.
CITY OF PALM
ATTEST: /
BY:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: (pkc 14&,
Christine P. Tatum, city Attorney
VOTE: -- AYE NAY ABSENT
/ MAYOR RUSSO ---
J VICE MAYOR BARNETT ---
/
/
COUNCILMEMBER JABLlN ---
COU NCILMEM BER LEVY ---
-_ J 36 COUNCl LM EMBER VALECHE ---
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i
t 46 47 \\pbgsfile\Altorney\attorney~share\RESOLUTlONS\rca pud master dev amend - reso 26 2006-as amended 4-20-06-final.doc
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Date Prepared: May 22,2006
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1
RESOLUTION 53,2006
A RESOLUTION OF THE CITY’COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE MASTER
DEVELOPMENT PLAN FOR THE 50.58-ACRE PARCEL 31.04
MIXED-USE PLANNED COMMUNITY DEVELOPMENT (MXDIPCD),
GENERALLY BOUNDED BY INTERSTATE 95 AND CENTRAL
BOULEVARD TO THE WEST, THE FUTURE EXTENSION OF
VICTORIA FALLS BOULEVARD TO THE NORTH, THE FUTURE
EXTENSION OF ELM AVENUE TO THE EAST, AND THE PALOMA
PLANNED UNIT DEVELOPMENT (PUD) TO THE SOUTH, AS MORE
PARTICULARLY DESCRIBED HEREIN, TO ALLOW THE
DEVELOPMENT OF 15,000 SQUARE FEET OF RESTAURANT
SQUARE FEET OF DRUGSTORE USE, 11,600 SQUARE FEET OF
COMMERCIAL RETAIL USE, 10,000 SQUARE FEET OF
THREE PARCELS; PROVIDING FOR ONE WAIVER; PROVIDING
FOR CONDITIONS OF APPROVAL; AND PROVIDING AN
EFFECTIVE DATE.
USE, 4,000 SQUARE FEET OF DRIVE-IN BANK USE, 12,000
PROFESSIONAL OFFICE USE, AND 252 MULTI-FAMILY UNITS ON
WHEREAS, the City Council, as the governing body of the City of Palm Beach
Gardens, Florida, pursuant to the authority in Chapter I63 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 a request by Mr. Marty Minor of Urban Design
Studio, on behalf of Gardens 95 Limited Partnership, LCC, for approval of a master
development plan for a 50.58-acre site referred to as the Parcel 31.04 Mixed-Use
Planned Community Development (MXD/PCD), generally bounded by Interstate 95 and
Central Boulevard to the west, the future extension of Victoria Falls Boulevard to the
north, the future extension of Elm Avenue to the east, and the Paloma Planned Unit
Development (PUD) to the south, as more particularly described herein, to allow the
development of 15,000 square feet of restaurant use, 4,000 square feet of drive-in bank
use, 12,000 square feet of drugstore use, 11,600 square feet of commercial retail use,
10,000 square feet of professional office use, and 252 multi-family units on three (3)
parcels; and
WHEREAS, the subject site has a Mixed-Use Planned Community District
Overlay (MXD/PCD) zoning designation and has a land-use designation of Mixed-Use
(MXD); and
Date Prepared: May 22,2006 Resolution 53,2006
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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 April 25,2006, meeting and recommended its approval by a vote of 7-0; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Applicant and other interested parties and the recommendations of the
various City of Palm Beach Gardens review agencies and staff; and
WHEREAS, the City Council has determined that adoption of this Resolution is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION I. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The master development plan application of Mr. Marty Minor of
Urban Design Studio, on behalf of Gardens 95 Limited Partnership, LCC, is hereby
APPROVED on the following described real property to permit the development of
15,000 square.feet of restaurant use, 4,000 square feet of drive-in bank use, 12,000
square feet of drugstore use, 11,600 square feet of commercial retail use, 10,000
square feet of professional office use, and 252 multi-family units on three (3) parcels
within the Parcel 31.04 Mixed-Use Planned Community Development (MXD/PCD),
generally, bounded by Interstate 95 and Central Boulevard to the west, the future
extension of Victoria.Falls Boulevard to the north, the future extension of Elm Avenue to
the east ,and the Paloma Planned Unit Development (PUD) to the south, subject to the
conditions of approval contained herein, which are in addition to the general requirements
otherwise provided by ordinance:
L EG AL D ES C R I PT I 0 N :
PARCELS 31.04 AND 31.05
A PARCEL OF LAND SITUATED IN SECTIONS 35 AND 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: BEGINNING AT THE INTERSECTION OF THE
RECORD BOOK 5805, PAGE 181 OF THE PUBLIC RECORDS OF PALM BEACH
BOULEVARD AS SHOWN ON ROAD PLAT BOOK 6, PAGE 88 AND DESCRIBED IN
OFFICIAL RECORD BOOK 5104, PAGE 945 AND OFFICIAL RECORD BOOK 5805,
NORTHEAST RIGHT-OF-WAY OF INTERSTATE 1-95 AS DESCRIBED IN OFFICIAL
COUNTY, FLORIDA AND THE SOUTHEAST RIGHT-OF-WAY OF CENTRAL
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Date Prepared: May 22,2006
Resolution 53,2006
PAGE 181 OF THE SAID PUBLIC RECORDS; THENCE NORTH 40'53'44" EAST,
DISTANCE OF 1,105.83 FEET; THENCE NORTH 46'22'41" WEST, CONTINUING
ALONG SAID SOUTHEAST RIGHT-OF-WAY OF CENTRAL BOULEVARD, A
ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 39.99 FEET; THENCE NORTH
43'37'28" EAST, CONTINUING ALONG SAID RIGHT-OF-WAY, A DISTANCE OF
24.53 FEET TO A CURVE HAVING A RADIAL BEARING OF NORTH 46'22'32" WEST,
A RADIUS OF 1,969.86 FEET, AND A CENTRAL ANGLE OF 15'38'58"; THENCE
PROCEED NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND RIGHT-OF-
WAY LINE, A DISTANCE OF 538.03 FEET; THENCE DEPARTING SAID RIGHT-OF-
WAY LINE SOUTH 66'38'32" EAST, A DISTANCE OF 316.95 FEET TO A POINT ON
A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 1149.42 FEET, A
RADIAL BEARING OF NORTH 24'34'53" EAST AND A CENTRAL ANGLE OF
09'27'21"; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A
DISTANCE OF 189.70 FEET; THENCE SOUTH 16'20'57" WEST, A DISTANCE OF
957.79 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST
HAVING A RADIUS OF 1146.00 FEET AND A CENTRAL ANGLE OF 28'21'19";
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 567.15
WEST, HAVING A RADIUS OF 3100.00 FEET AND A CENTRAL ANGLE OF
13'25'31"; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE
OF 726.38 FEET; THENCE SOUTH 01 "25'08" WEST, A DISTANCE OF 341.92 FEET;
THENCE NORTH 88'34'52" WEST, A DISTANCE OF 456.20 FEET TO A POINT ON
OFFICIAL RECORD BOOK 5805, PAGE 181; THENCE NORTH 30'31'49" WEST,
HAVING A RADIAL BEARING OF NORTH 59'28'11" EAST, A RADIUS OF 24424.13
FEET, AND A CENTRAL ANGLE OF 2'17'55"; THENCE PROCEED NORTHERLY
DISTANCE OF 979.82 FEET TO THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL.
FEET TO A POINT OF REVERSE'CURVATURE OF A CURVE CONCAVE TO THE
THE NORTHEAST RIGHT-OF-WAY OF SAID INTERSTATE 1-95 AS DESCRIBED IN
ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 641.05 FEET TO A CURVE
AND WESTERLY ALONG THE ARC OF SAID CURVE AND RIGHT-OF-WAY LINE, A
CONTAINING 2,203,436.10 OR 50.58 ACRES, MORE OR LESS.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following waiver:
1. Section 78-1 57(f), entitled Residential MXD intensify measures and special
definitions, to waive the requirement for vertical integration of residential
uses within a Residential MXDIPCD.
SECTION 4. Said approval is subject to the following conditions, which shall be
the responsibility of the Applicant, its successors, or assigns:
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Date Prepared: May 22,2006
Resolutlon 53,2006
I Enaineerinq
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Prior to construction plan approval and the issuance of the first land
alteration permit, the Applicant shall provide cost estimates in accordance
with LDR Sections 78-309 and 78-461 and for on-site project improvements,
not including public infrastructure or landscaping and irrigation costs, for
review and approval by the City. The cost estimates'shall be signed and
sealed by an engineer and landscape architect registered in the State of
Florida and shall be posted with the City prior to the issuance of the first
land alteration permit. (City Engineer)
The construction, operation, andlor maintenance of any elements of the
subject project shall not have any 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)
The Applicant shall copy to the City all permit applications, permits,
certifications, and approvals. (City Engineer)
The Applicant shall provide all necessary construction zone signage and
fencing as required by the City Engineer. (City Engineer)
Prior to construction plan approval and the issuance of the first land
alteration permit, the Applicant shall schedule a pre-permit meeting with City
staff. (City Engineer)
a
Limited clearing for infrastructure and common amenity installation within an
individual parcel of the PCD that has not yet received site plan approval that
is needed to support another parcel in the PCD shall be permitted, subject
to the approval of the City Engineer and City Forester. The limits of said
clearing and installation shall be identified on the final construction plan for
review and approval by the City prior to the issuance of the first land
alteration permit. (City Engineer, City Forester)
Prior to the issuance of the first land alteration permit, the Applicant shall
submit signed, sealed, and dated construction plans (paving, grading,
drainage, and waterkewer) and all pertinent calculations for review and
comment. (City Engineer)
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Date Prepared: May 22,2006
Resolution 53,2006
The Applicant shall, together with the recordation of the plat for the PCD,
dedicate adequate right-of-way for the future construction of the planned I-
95lCentral Boulevard interchange. (PBC Traffic, City Engineer)
The Applicant, successors, or assigns shall monitor traffic operations
studies (supplemental operations analysis) of the East-West Roadway
(a.k.a. Roadway #I 2, Victoria Falls Boulevard) and Military Trail intersection
beginning during peak season after the issuance of the first certificate of
occupancy and every six (6) months thereafter for two.(2) years beyond the
final certificate of occupancy or the build-out date whichever comes last.
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 for said improvement. 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 by their development
orders and/or traffic analyses. (City Engineer)
For all improvements that are not assured construction, the developer shall
enter into a Public Facility Agreement (PFA) with Palm Beach County for
funding 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 land alteration permit is issued. (City Engineer)
Beginning on (one (1) year from the approval of this Resolution)
and continuing through substantial completion of construction, the Applicant
shall 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, total number of approved permits issued,
certificates of occupancy issued, and percentage of square footage
occupied (commercial) to date. Report submittals shall be exactly one (I)
year apart beginning on the date specified above and shall continue through
the build-out date or the issuance of the final certificate of occupancy,
whichever comes last. (City Engineer, Planning & Zoning)
Prior to the issuance of the first Certificate of Occupancy, the construction of
the Proposed Roadway #I 2 (Victoria Falls Boulevard) connecting Central
Boulevard to Military Trail and Proposed Roadway #14 (Elm Avenue) shall
be complete (including irrigation, hardscape, and landscaping) and
accepted by the City. It should be noted that these roadways must be
designed in conjunction with the City of Palm Beach Gardens' planned
roadway linkages. (PBC Traffic, City Engineer, City Forester)
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Date Prepared: May 22,2006
Resolution 53,2006
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13. Commencing after the issuance of Certificates of Occupancy for fifty percent
(50%, 102 dwelling units) of the residential units or the issuance of
Certificates of Occupancy for thirty percent (30%) of the commercial square
footage, whichever comes first, the Applicant shall perform and submit an
annual Signal Warrant Analysis for the intersection of Proposed Road #I2
(Victoria Falls) 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 signalization is warranted at the above
intersections for two (2) years beyond the build-out date or the issuance of
the final Certificate of Occupancy, whichever comes last. Should the
warrant indicate a need for a signal at the Proposed Road #I2 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 land geometry (as determined by Palm Beach County and the
Florida Department of Transportation), pavement markings, signage, and
lighting. The City shall reimburse the Applicant, successors, or assigns 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 by their development
ordershraffic impact analysis. The Applicant may coordinate (and contribute
to the cost of preparation of this analysis) the submittal of this analysis with
other applicants having this same submittal requirement (Le., Parcel 31 B,
a.k.a. Parcel 31.03/31.05) to satisfy the intent of this condition. (PBC
Traffic, City Engineer)
14. Prior to the issuance of the first land alteration permit, AM and PM peak
hour intersection analysis using projected volumes, at the following
locations are required to determine turn lane and storage requirements:
- Hood Road/Proposed Road #I4 (Elm Avenue);
- Military TraiVProposed Road #I 2 (Victoria Falls Boulevard);
- Central Boulevard/ Proposed Road #I 2 (Victoria Falls Boulevard); and
- Proposed Road #I2 (Victoria Falls Boulevard) and Proposed Road
#I4 (Elm Avenue) indicated above. (PBC Traffic)
15. The Applicant shall dedicate to the City of Palm Beach Gardens the rights-
of-way necessary to comply with the conditions of the Palm Beach County
traffic concurrency approval. (PBC Traffic, City Engineer)
16. The build-out date for this project shall be December 31, 2007, unless
otherwise extended by the City. (PBC Traffic, City Engineer)
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Date Prepared:-May 22,2006
Resolution 53,2006
Planning and Zoninq
17. The Applicant shall meander the sidewalks along the adjacent rights-of-way,
whenever possible, to the satisfaction of the Growth Management
Administrator. (Planning & Zoning)
18. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall
provide pedestrian scale lighting along the adjacent rights-of-way, whenever
possible, to the satisfaction of the Growth Management Administrator.
(Planning & Zoning)
19. Uses permitted within the Commercial portion of the PCD shall be
established during the approval of the site plan for the same. (Planning &
Zoning)
20. The Applicant, successors, or assigns within the Commercial portion of the
PCD shall provide the City with an accurate breakdown of the uses
allocated in the commercialloffice building when applying for an
occupational license. Amendments to the approved uses may require
parking and traffic analysis for approval by the City. (Planning & Zoning)
21. Prior to the issuance of the first Certificate of Occupancy for each parcel,
the Applicant shall install an aeration system within all lakes located within
the parcel and shall bear the perpetual responsibility of maintenance of such
system. (Planning & Zoning)
22. A development compliance signoff process shall be completed prior to the
issuance of the first residential Building Permit, first residential Certificate of
Occupancy, last residential Certificate of Occupancy, and .all commercial
Building Permits and Certificates of Occupancy. (Planning & Zoning)
~
Landscapinq
23. Prior to the issuance of the first land alteration permit, the developer shall
erect and maintain barriers adjacent to the preserves. All work shall be
inspected and approved by the Landscape Architect of Record and the City
Forester. (City Forester)
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24. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall
remove all prohibited and invasive non-native plants from the site and install
all native material within the preserve areas to effectively screen the site
from view of public road rights-of-way to the satisfaction of the City Forester.
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Date Prepared: May 22,2006
Resolution 53, 2006
25. The Applicant, successors, or assigns shall be responsible for their fair
share of the landscape maintenance (including irrigation) of the medians
and road shoulders within those sections of public rights-of-way adjacent
and/or contiguous to the PCD. This condition may be amended at any time
by a separate agreement between the Applicant and the City of Palm Beach +
Gardens. (City Forester)
26. Landscaping and irrigation within medians and adjacent roadway shoulders
I for the portions of the following roadways adjacent to the property shall be
installed .prior to the issuance of the first Certificate of Occupancy: (1) the
future extension of Victoria Falls Boulevard; (2) the future extension of Elm
Avenue; and (3) Central Boulevard. A one-time, six (6) month extension
may be granted by the Growth Management Administrator upon review of
sufficient justification. (City Forester)
27. Prior to the issuance of the Certificate of Occupancy for the first commercial
or residential structure, the Applicant shall install the PCD buffers along the
future extension of Victoria Falls Boulevard and the future extension of Elm
Avenue. A one-time six (6) month extension may be granted by the Growth
Management Administrator upon review of sufficient justification. (City
Forester)
28. Prior to the issuance of the 102nd residential Certificate of Occupancy, the
community park improvements surrounding the easternmost ' lake located
between the residential and commercial parcels and the residential
recreation center shall be completed. (City Forester)
29: Prior to the issuance of the first commercial Certificate of Occupancy, the
community park improvements surrounding the westernmost lake located
between the commercial and residential parcels shall be completed. (City
Fore st e r)
30. Prior to the issuance of the first land alteration permit, or as determined by
the Growth Management Administrator, the Applicant shall install a
minimum six (6) foot tall construction fence around the perimeter of the
property. The fence shall include privacy tarps, either green or black in
color, covering each section, The location of the fence and any necessary
clearing therefore prior to the issuance of the first land alteration permit shall
be determined by the Growth Management Administrator. (City Forester)
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Date Prepared: May 22, 2006
Resolution 53,2006
31. If, in the future, Elm Avenue is extended south of the southern site entrance,
the Applicant, successors, or assigns shall be responsible for their fair share
of the landscape maintenance (including irrigation) of the medians and road
shoulders within those sections of public rights-of-way adjacent andlor
contiguous to the PCD. This condition may be amended at any time by a
separate agreement between the Applicant and the City of Palm Beach
Gardens. (City Forester)
Miscellaneous
32. 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)
33. All pedestrian walkways on site, including parkway multi-use pathways and
sidewalks within rights-of-way shall be lit, at a minimum of not less than .6
foot-candles with pedestrian scale lighting of similar design to parkway
lighting used within MirasoVJog Road parkway corridor. (Police)
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.
2.
3.
4.
5.
Sheets MP-01 & MP-02: Master Plan and Thoroughfare and Linkage
Enhancement Plan, prepared by Urban Design Studio, last revised on May
15, 2006 (as noted on the cover page), and received and stamped by the
City on May 16, 2006.
Sheets L-00 thru L-011: Buffer and Roadway Landscaping Plans, prepared
by Urban Design Studio, last revised on April 14, 2006 (as noted on the
cover page), and received and stamped by the City on May 16,2006.
Parcel 31.04 Mixed-Use Design Guidelines, dated March 3, 2006, and
received and stamped by the City on May 25, 2006.
Parcel 31.04 MXD Amenity Package and Amenities Key Plan, received and
stamped by the City on May 25, 2006.
Parcel 31.04 Canopy Plan - Day One Installation, prepared by Urban
Design Studio, last revised and received and stamped by the City on June
30, 2006.
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Date Prepared: May 22,2006
Resolution 53,2006
SECTION 6. This approval shall be consistent with all representations made by
the Applicant or Applicant's agents at any workshop or public hearing.
SECTION 7. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this aW day of Juq ,2006.
ATTEST: // 1
BY:
Patricia Snider, CMC, Cityklerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Chxtine P. Tatum, City Attorney
VOTE: AYE NAY AB - E
MAYOR RUSSO d--
J VICE MAYOR BARNETT ---
/ COUNCILMEMBER JABLIN ---
J COU NC I LM EM B E R LEVY
c/ COUNCILMEMBER VALECHE ---
---
\\Pbgsfile\AHorney\atlorney_share\RESOLUTIONS\Cimarron PCD- reso 53 2006.dOC
10
II
.I .,
(7)
( (0 FACSIMILE
To: Paul Angelo, WCI
Lorin R. C. Brissett, P.E.
Fax: (561) 775-1099
(561) 882-3703/
From: Kara Irwin Ilk
Senior Planner
Date: January 3,2003
Re: CONDITIONAL CONCURRENCY CEI<TIFICATJON for: CON-01-15 Parcels 31.06 /
31.07
Based on the attached ineinoranda from Assistant City Engineer Sean C. Donahue, P.E. (dated December 30,
2002), Palm Beach County Senior Engineer - Traffic Division Masoud Atefi, MSCB (dated Dccember 16,
2002), and Maria M. l’ejera, P.E. (dated Deccnibcr 24, 2002), the above referenced project is hereby
granted conditional concurrency certificatioa. This ccrtification is contingcnt upon the applicant satisfying
the attachcd all items from the memorandum from Maria M. Tejera, P.E. (dated December 24, 2002), the
attached conditions from the lettcr from Palm Beach County Scnior Engineer- Traffic Division Masoud Atefi,
MSCE (datcd Deccmber 16,2002), AND thc ~ssuance of a dcvelopment ordcr Irom City Council. If these
items listcd are not satisficd within the appropriate timc frame, OR a development ordcr is not issued by City
Council for the above rcferenced project, then this conditional concurrency certification shall immediately
becomc null and void. If the conditions are satisficd within the appropriate timc frame AND a dcveloprnent
order IS issued, then this conditional concurrency ceilification shall not expire until aftcr the build-out date of
December 3 1,2005, which is referenccd in the Novcmbcr 27,2002 Traffic Impact Analysis - Parcel 3 1.06 I
3 1.07 prepared by Kiniley Horn & Associates, lnc.
.
If you have any questions, plcase contact inc at 799-4242
Cc: Charles K. Wu, Growth Manageniciit Administiator
Tala1 Benothnian, Principal Planncr
Sean Donahuc, City Engineer
Maria Tejcra, P.E
Six (6) shccts total in fax.
CONSLILTING CIVIL ENGINEERS. sunvmons k MPPERS
CML
AGRICULTURAL
WATER RESOURCES
WATER & WASTEWATER
TRANSPORTATION
SURVEY & MAPPING
G15
“Partncrs Por Results
Value By Design”
3550 S.W. Corponte Pkwy.
Palm City, FL 34390
(772) 286-3883
www.1bfh.com
1% (772) 286-3925
MEMORANDUM
TO: Kara Irwin
FROM: Sean C. Donahue, P.E.@
DATE: December 30,2002
FILE NO. 02-4265
SUBJECT: Parcels 31.06/31.07
The City’s traffic consultant (MTP Group, Inc.) and the Palm Beach County Traffic
Division have completed thcir review of the Traffic Impact Analysis for the
referenced project prepared by Kimley Horn & Associates, Inc. dated November
27, 2002. According to their review, this project conditionally complies with the
City and County Traffic Performance Standards. Please find the approval
documents attached.
We note that prior to site plan approval, the applicant shall resolve the issue with
the Hood Road access as described in the memorandum from MTP Group, hc.
SCDI
cc: Tala1 Benothman
P:\l’bgmemoWZ6Sbl265d.doc 7
I DEC-30-20B2 15:34 ?FH PQLM ClTY FL 561 286 3925 P.B3/06
.. MTP Group, /ne,
wist pslm BWI, A sa 14
12 798 hrost HI# Boulavnrd, Suhs 36.9 ,
Mone: (5611 735-0678 Tthfn: l66lJ 796-0290
MEMORANDUM
I.
To: Sean C. Donahue, P.B.
; LBFH, Xqc.
QJfl .From: Mm'a M. Tejera, P.E.
.. Date: Decerrib'er 24,2002
Subject: Parcel 31.06/31.07.
rl
MTP Grou'p, Inc. has completed a review of the rewised Traftic Impact Analysis dated November '
27,2002 for the project entitled &?'ce131 .od. 3 I. OZpursuant to the City of Palm beach Gardens
Traffic Performance Standards. The project is to be located on the west side of Central Lioulevard
between Wood Road and 1-95. Access to the site is provided through. two full. access driveways
on Central Boulevard and one on Hood Road. The proposed development plan consjsts of 85,000
squamfget of commercial retail, 15,000 square-feet of office development and 200 multi-family
dwelling units. The project buildout has been analyzed for the year 2005.
We find the project in compliance with the City of Palm Beach Gardens Tmffic P&formance
Sta~dards subject to the following conditions:
1. No more than 124 net new external daily trips until the contract is' Itt for the
widening of Hood Road from Central Boulevard to Military Trail to a four-lane-
divided cross-section.
2. No mme than 931 net new external daily trips until the contract is let for the
widening of Hood Road from Military Trail to Alternate A1'A to a four-lane-
divided cross-section.
3. Prior to site plan approval, a study evaluating acceSs to thc site as well as omthg
conditions at the Hod Road/Centd Boulevard interwtim is required. The
results of this eduauon will be usad to determine improvements, if needed, at
project driveways as well as at the intersection of Hood Road and Central
Boulevard.
I
:*
While the traffic Study assumes full access at the Hood Road driveway, preliminary drawings for
the Hood Road widening do not seem to allow the proposed full access'driveway. It appears a
rjpht-turn-inlright-t~m~ut only driveway could be accommodated at this location. Therefore,
Condition 3 above requires a re-analysis of traffic conditions at the driveways into the site. '0
I,
' BFH PRLM CITY FL 561 286 3925 P.04/06 DEC-38-2802 15:35 -.
Sean C. Donahue, P.E.
Pd 31.06/51.07 December 24,2002
'Page 2 of 2
' Any additional revisions to site access will trigger a reevaluation of haffic impact.
Addirionial tr@c related issues may arise during the sire plan approval process. llihe City of Palm '
Beach Gardens may impose additional rr@c CO~~MOM in the Developmeu Order to ussure safi,
coroveniem and orderZyfrow of .vehicular t-c within the City, 8
DEC-30-2002 15:35
>
Department of Bnglnectlnd
and Public WPrkb
P.O. Box 21229
west Palm Beach. PL 33416.1229
(561) 684-4000
ww.pbcgov.com
Palm Beach County
Commlssionsre
warren N. Ncwtll. Chairman
Carol A. Robens, Vice Chair
Bod of amty
Burr Aaronson
tbny Masllortl
Addie L. Greene
County Mminlstratar
Robcrc Wcismbn
QFH PRLM CITY FL 561 286 3925 P.05/06
December '18,2002
Mr. Sean C. Donahue, P.E.
LBFH Inc.
Assistant City Engineer
City of Palm Beach Gardens
3550 S.W. Corporate Pkwy.
Ptim City, FL 3499C
I OEC I 9 2002
RE: Parcel 39.06 I 31.07
TRAFFIC PERFORMANCE STANOARDS REVIEW
Dear Mr. Donahue:
The Palm Beach County Traffic Division has reviewed the trafficstatement for the project
entitled: Parcel 31.06 I31.07, pursuant to the Traffic Performance Standards in Article 15
of the Palm Beach County Land Development Code. The project is summarized as
follows:
Location:
Municipality: Palm Beach Gardens
Exlstlng Uses: None
Proposed Uses: 200 Multi-Family Residential Dwelling Units, 85,000 SF General
Retail. and 15,000 SF General Offices.
Now Dally Trips: 4,971
Build-out Year: 2005
Based on our review, the Traffic Divislon has determined that the pmposed project meek
the Traffic Performance Standards of Palm Beach County, under the following phasing
conditions:
9
South of Hood Road, between Central Bculevard and 1-95.
..
No more than 124 new external daily trips may be permitted until the
contract is let for 4-laning of Hood Road from Military Trail to Central
Boulevard. This improvement is not an assured construction
No more than 931 new external daily trrps may be permitted until \he
contract is let for 4-laning of Hood Road from Military Trail to Alternate A1A.
This improvement is not an assured construction.
For all improvements that are not assured construction, the developer shall enter in a
Public Facility Agreement (PFA) with Palm Beach County for funding of the roadway
improvements in a form acceptable to the county Engineer, within 6 months of issuing the
Development Order, and before the first building permit is issued. These conditions
should also bs included in the dc-velopnrein order issued by the City of Palm Beach
Gardens.
DEC-30-2002 15:35 3FH POLM CITY FL
..
561 286 3925 P.06/06
It is also suggested that:
A westbound left-turn lane to be provided along Hood Road, at !he project
access driveway.
City monitor traffic operations at the intersection of Military Trail and Hood
Road, with the emphasis on the NBL movement, where this project is expected to add over 100 vph during the afternoon peak period.
If you have any questions regarding this determination, please contact me at 6844030.
Sincerely,
OFFICE OF THE COUNTY NGINEER m* &
Masoud Atefi, MSW Sr. Engineer - Tra IC ision
CC: KimleyHorn 8 Associales
File: General - TPS - Mun - Trafic Study Revlow
F:\TRAFFIC\maV\dmin\App~ova19\020817.doc
MTP Wup
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Date Prepared: July 22,2005
RESOLUTION 107,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN ESSENTIALLY ,
GARDENS, PGA NATIONAL VENTURE, LLLP, AND THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS FOR THE PGA
NATIONAL DEVELOPMENT OF REGIONAL IMPACT; AND
PROVIDING AN EFFECTIVE DATE.
BUILT-OUT AGREEMENT BETWEEN THE CITY OF PALM BEACH
WHEREAS, on August 31, 1978, the City Council adopted Resolution 43, 1978,
thereby approving the PGA National Development of Regional Impact; and
WHEREAS, the PGA National Development of Regional Impact has been
.% amended twelve times since August 31,1978; and
WHEREAS, on August 18, 1994, the City Council adopted Resolution 106, 1994,
thereby approving the build-out time extension for the PGA National Development of
Regional Impact to August 29,2003; and
WHEREAS, on July 17, 2003, the City Council adopted Ordinance 18, 2003,
thereby approving the build-out time extension for the PGA Naiional Development of
Regional Impact to August 29,2005; and
WHEREAS, the City has received a request (Petitions MISC-05-05-000004) from
Ms. Dodi Glas, agent for PGA National Venture, LLLP, for-approval of an Essentially
Built-out Agreement for the PGA National Development or Regional Impact; and
WHEREAS, the PGA National Development of Regional Impact is in compliance
with all <applicable terms and conditions of the development order, except the built-out
date; and
WHEREAS, the amount of development that remains to be built is less than the
substantial deviation threshold specified in paragraph (19)(b) of Chapter 380.06 of the
Florida Statutes; and
WHEREAS, the City of Palm Beach Gardens and the Department of Community
Affairs have agreed in writing pursuant to the Essentially Built-out Agreement that the
amount of development to be built does not create the likelihood of any additional
regional impact not previously reviewed; and
WHEREAS, the City of Palm Beach Gardens is authorized by Chapter 380.06 of
the Florida Statutes to execute an Essentially Built-out Agreement; and
_-
Date Prepared: July 22,2005
Resolution 107,2005
b,
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WHEREAS, the Growth Management Department has reviewed said agreement,
which has been prepared and is attached hereto, has determined that it is sufficient and
consistent with Chapter 380.06 of the Florida Statutes, and has recommended approval;
and
WHEREAS, the City Council has determined that adoption of this Resolution is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified
SECTION 2. The City Council hereby approves the Essentially Built-out
Agreement with PGA National Venture, LLLP and the Florida Department of Community
Affairs, and authorizes the Mayor and City Clerk to execute said Agreement.
SECTION 3. This Resolution shall become effective immediately upon adoption.
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(The remainder of this page left intentionally blank)
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Date Prepared: July 22,2005
Resolution 107,2005
PASSED AND ADOPTED this 1p day of fl~+!$dr ,2005.
ATTEST: 1
BY:
-Patricia Snider, CMC, city Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMEMBER LEVY
COUNCILMEMBERVALECHE
COUNCILMEMBER BARNETT
AYE NAY ABSENT --
J ---
J ---
A ---
G:\atlorney-share\RESOLUTIONS\pga built out agreement - reso 107 2005.doc
3
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SITE PLAN
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477 S l7oscmnry Avcsu~e. Susie 255
Wml Palm Ijeacti tlorbda 33401 575H
5bl .I66 Il(10 - FAX 561 366 1 I I1
ccc35
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAI RS
"Dedicated to rnabing Florida a better place to call home"
jE8 BUSH
Cowrnor
August 29, 2005
Ms. Dodi Buckmaster Glas, AICP
[Jrban Design Sttidio
477 S. Rosemary Avenue, Suite 225
West Palm Beach, FI, 33401
THADDEUS 1. COHEN. AIA
1;Fcrrl.iry
Re. Essentially Built-Out Agreement for PGA National DKI
Dear Ms. Glas:
The Department has reviewed the attached Essentially Built-Out Agreement for the PGA National
Development of Regional Impact received on May 12,2005, by Margaret-Ray Kemper. The agreement
was evaluated against the provisions of Section 380.06( I5)(g), Florida Statutes, and foiind to inekt
subparagraphs 3.a. and 3.b.( 11). The Department agrees that the amount of development remaining to be
built does not create the reasonable likelihood of any addilional regional impact not previously reviewed..
As previously discussed, the Department will execute the agreement, will keep the copy of Palin Beach
Gardens Resolution No. 107, 2005 and one copy of the executed agreement for our records, and forward
the other two attached executed copies to you for your records and for recording in the official records of
Palm Beach County.
If you have any questions regarding this matter, please contact Richard W. Post. AICP. Senior Planner, a1
8501922-I 813.
S in cere I y,
VJ H/rpj
Attachment: Executed Copy of Agreement
C: Charles Wu, AICP, Director, Planning an,d Zoning Division, City of'Palm Beach G
Margaret-Ray Kemper, Esquire, Ruden, McCloskey, Smith, Schuster & Russell, P.
Michael Busha, AICP, Executive Director, Treasure Coast Regional Planning Cou
2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 323
Phone: 850.488.8466/Suncorn 278 8466 FAX: 850.92 l.O781/Svn~:orn 29
In i ern el add res 5 : h I!.p.:!lwww ..(I.
CRITICAL STATE CONCERN FIfLD OFflCI COMMUNITY PLANNING tMtRGINCY MANAGFMfNl HOUSING 6, COMM
?7!1l, Ovriwas Highway. Suilr 71 I 7555 Shiirnaftl Oak R
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August 4,2005
Mr. Charles Wu, Growth Management Director
Mr. Tala1 Benothman, Planning Manager
Growth Managcment Division
City of Palm Beach Gardens
10500 No. Military Trail
Palm Beach Gardens, FL 33410
urban dePn stu 10
Urban Design
Urban Plannlng
Land Planning
Landscape Architecture
RE: PGA NATIONAL BUILDOUT AGREEMENT AS OF AUGUST 4,2005
The purpose of this letter is to update our application and reiterate the project as previously stated
in Margaret Ray Kemper's letter of May 12,2005.
The PGA DRI is a mixed use development within the City of Palm Beach Gardens. The
Development Order for the DRI was adopted on August 3 I, 1978, and authorized the development
on approximately 2,340 acres of 6,900 residential units, 350 hotel rooms, ancillary resort facilities,
335,000 square feet of office, 180,000 square feet of commercial, 360,000 square feet of light
industrial on 27 acres, and 2.5 acres of institutional or civic uses. Subsequent amendments to the
Development Order significantly reduced the DRJ's residential entitlements and modified the
intensities of the nonresidential development. The PGA DRI is currently approved for 5,237
residential units, 420 hotel rooms, ancillary resort facilities, 602,890 square feet of office, I50,OOO
square feet of commercial, 155,500 square feet of light industrial and 11 1,217 square feet of
warehouse on 29.45 acres, 160 nursing home beds, and 3.26 acres of institutional or civic uses. To
.date, 5,232 residential units, 339 hotel rooms, 474,304 square feet of office, 1 18,232 square feet of
commercial, 4,976 square feet of light industrial and 66,l 17 square feet of warehouse on 24.2 acres,
I04 nursing home beds, and 12,500 square feet of institutional or civic uses have been developed
within th'k PGA DRI.
*
See the chart, Attachment A, which outlines the development approved by the initial Development
Order, the development currently approved, the development which has been built to date, the
amouit ofunbuilt development, and the total development after approval ofthe proposed Essentially
Builtout Agreement. Please note that the Development Order and Amended Development Orders
did not specify parking spaces The parking spaces shown on Exhibit A are based on the City's
parking requirements for the various uses, as requested for reference by, - 1 q--- DCA. 9. * $*&,
/,
G Uobs\PGA NaIionaI\Bu~ldou~\Appl~ca~~on Inro\clly 111 0x0305 wpd
LCC3J
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PGA National Buildout
August 5,2005
Page 2
Development within the PGA DRI has been in accordance with the DRI Development Order, as
amended. The uses, internal roads, parking, recreational facilities, stormwater management system,
and waterkewer facilities are consistent with the Development Order, as amended, and applicable
regulations, and the required annual report for the period from October 1, 1997 to March 13,2005
has been submitted. The transportation obligations have also been fulfilled, except for the
signalization of the intersection at Northlake Boulevard and Hiatt Drive which is not yet warranted,
and certain obligations related to Ryder Cup BoulevardlJog Road which are also not yet required.
The proposed Essentially Builtout Agreement includes a provision requiring the transportation
obligations which have not yet been satisfied to be fulfilled. The continuing obligations are provided
for by Exhibit B of the Builtout Agreement and are taken directly from the approved development
order. The Builtout Agreement has been drafted with input from both DCA and city staff. The
current agreement has been reviewed by both legal departments.
In accordance with the DCA’s request, additional traffic analysis was provided to demonstrate that
the remaining unbuilt use would not be significant on any impacted link. Please see Attachment B
of this letter. This was in addition to the previously submitted traffic analysis (Kemper
correspondence dated May 12,2005), in accordance with DCA’s request to show a comparative trip
generation analysis of development approved by the 1978 Development Order and by the currently
approved development and by the development constructed to date. Please note that analysis
indicated that the development constructed to date together with the development requested in the
Essential$ Builtout Agreement will generate fewer daily and p.m. peak hour trips than either the
development approved by the 1978 Development Order or the development currently approved. The
traffic analysis also included the ancillary resort facilities and treats Northern Palm Beach County
Improvement District’s facilities as office.
Provided in this package you will find.
Attachment A - Allocation of Land Uses;
Attachment B - Traffic Links Impacts Analysis; and
Attachment C - Executed Built-out Agreement with Exhibit A Legal Description and Exhibit B
Continuing Obligations
As has been discussed, following city execution, the agreement will be signed by DCA. Should you
have any questions please contact me directly.
G:Uobs\PC,A Naiional\BuildoulV\pplicalion Infokiiy Iir OXO305.wpd
LCCM
PGA National Buildout
August 5,2005
Page 3
Thank you for your assistance, time and patience in working through this process.
cc:
Christine Tatum, City Attorney, City of Palm Beach Gardens
Nannette Gammon, Ecclestone Organization
John Gary, Gary, Dytrych & Ryan P.A.
Margaret Ray Kemper, Ruden McClosky
Kahart Pinder, Pinder-Troutman Consulting, Inc.
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G:Uobs\PCA NalionaI\BuiIdoulV\pplicalion Inro\tiiy Ilr ORD3OS.wpd
LCCIS
PGA NATIONAL RESORT DRJ
Revised Allocation of Land Uses
5
Built
5 5,231 Residential 6,900 5,237 5,232
Hotel 350 rooms 420 rooms 339 rooms 81 rooms 81 rooms 420 rooms
Office 335,000 sf 602,890 sf 474,304 sf
Commercial 180,000 sf 150,000 sf 1 18,232 sf
720 pk sp 600 pk sp 473 pk sp
Industrial 27 acres 29.45 acres 24.2 acres
360 pk sp 267 pk sp 71 pk sp
Nursing llome
NPBC Improvement
District Expansion
3 1,768 sf 3 1,768 sf 150,000 sf
127 pk sp I27 pk sp 600 pk sp
I96 pk sp I96 pk sp 267 pk sp
360,000 sf 155,500 sf 4,976 sf
0 11 1,217 sf 66,l 17 sf
0 160 beds 104 beds
2.5 acres 3.26 acres 12,500 sf
128,586 sf 128,586 sf 602,890
150,524 sf
45,100 sf
@ TAL.52072:5
87,500 sf 92,476 sf
45,100 sf 1 11,217 sf
ATTACHMENT A
56 beds 56 beds 160 beds
13,366sf 1 13,366 sf 25,866 sf
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ATTACHMENT B
AGREEMENT
FOR THE
PGA NATIONAL RESORT COMMUNITY DIU
This Agreement (“Agreement”) is entered into by and among PGA NATIONAL VENTURE,
LLLP (“PGA”), a Florida limited liability limited partnership, the CITY OF PALM BEACH
GARDENS (“City”), a Florida municipal corporation, and the FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS (“DCA”).
WHEREAS, PGA is the master developer of the PGA National Resort Community
Development of Regional Impact (“PGA DN”) which is legally described on Exhibit “A” attached
hereto and incorporated herein; and
WHEREAS, the City is a municipal corporation within the State of Florida and is the local
government responsible for the administration, monitoring, and enforcement of the PGA DRI; and
WHEREAS, DCA is the state land planning agency responsible for the administration and
enforcement of Chapter 3 80, Florida Statutes, including those provisions relating to developments of
regional impact (“DRls”); and
WHEREAS, pursuant to Section 380.032(3), Florida Statutes, DCA is authorized to enter
into such agreements as may be necessary to effectuate the provisions and purposes of Chapter 380,
Florida Statutes, including agreements determining that a DRI is essentially built-out in accordance
with Section 380.06(15)(g)3., Florida Statutes; and
WHEREAS, on August 31, 1978 the City through Resolution 43, 1978 approved a
Development Order for the PGA DIU, which Development Order authorized the development of
6,900 residential units, 350 hotel rooms, ancillary resort facilities, 335,000 square feet of office,
180,000 square feet of commercial, 360,000 square feet of light industrial on 27 acres, and 2.5 acres
of institutional or civic uses, all on approximately 2,340 acres; and
TAL 52164 5
ATACHMENT C
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WHEREAS, the City approved amendments to the PGA DRI Development Order on
December 18,1980 through Resolution 69,1980; on July 5,1984 through Resolution 36,1984; on i
September 19, 1985 through Resolution 36, 1985; on September 19,1985 through Resolution 37,
1985; on April 17,1986throughResolution 14,1986;on July l7,1986throughResolution33,1986;
i.
on December 17,1987 through Resolution 109,1987; on August 18,1994 through Resolution 106,
1994; on August 18,1994 through Resolution 107,1994; on March 20,1997 through Resolution 30,
1997; and
WHEREAS, on January 7, 1999 through Ordinance 22, 1998 the City approved a
consolidated, restated and amended Development for the PGA DRI which Development Order was
I.
thereafter amended on October 7,1999 through Ordinance 42,1999 and on July 17,2003 through
1 Ordinance 18,2003; and
WHEREAS, the PGA DRI is currently approved for 5,237 residential units, 420 hotel rooms,
I ancillary resort facilities; 602,890 square feet of office, 150,000 square feet of commercial, 155,500
square feet of light industrial and 11 1,217 square feet of warehouse on 29.45 acres, 160 nursing f
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home beds, and 3.26 acres of institutional or civic uses; and
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WHEREAS, the PGA DRI has constructed or caused to be constructed all of the internal
infrastructure, including recreational facilities, roadways, parking, stormwater drainage facilities, and
water and sewer facilities, needed to serve the development within the PGA DRI; and
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C‘ WHEREAS, all of the transportation obligations required in the Development Order, as
amended, for the PGA DRI have been fulfilled except for the signalization of the intersection at
Northlake Boulevard and Hiatt Drive, which is not yet warranted, certain intersection improvements
at Northlake Boulevard and Ryder Cup Boulevard, and certain obligations related to Ryder Cup
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TAL521 64:5
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WHEREAS, Ordinance 22,1998, as amended, imposes certain continuing obligations which
the City wishes to be included in this Agreement; and
WHEREAS, the majority of the development within the PGA DRI has been completed; and
WHEREAS, 5,232 dwelling units, 339 hotel rooms, ancillary resort facilities, 474,304 square
feet of office, 1 18,232 square feet of commercial, 4,976 square feet of light industrial and 66,117
.%
square feet of warehouse on 24.2 acres, 104 nursing home beds, and 12,500 square feet of
institutional or civic uses have been constructed within the PGA DRI; and
WHEREAS, the buildout period for the PGA DIU will expire August 29,2005; and
WHEREAS, significant public benefits will result if development within the PGA DIU is
completed.
NOW, THEREFORE, for and in consideration ofthe mutual covenants contained herein, it is
hereby agreed as follows:
1. The parties agree that the PGA DRI is “essentially built-out” in accordance with
Section 380.06(15)(g)3., Florida Statutes, because:
A.
B.
C.
D.
TAL521645
The buildout date for the PGA DRI will expire on August 29, 2005.
The development is in compliance with all applicable terms and conditions of
de Development Order, as amended.
All transportation related infrastructure and physical improvements required
by the Development Order have been completed except for the signalization
of the intersection at Northlake Boulevard and Hiatt Drive, which is not yet
warranted, certain intersection improvements at Northlake Boulevard and
Ryder Cup Boulevard, and certain obligations related to Ryder Cup
Boulevard/Jog Road, the conditions precedent for which have‘ not yet
occurred.
The amount of development that remains to be built does not create the
likelihood of any addi tjonal regional impacts not previously reviewed.
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2. DCA and the City agree that in addition to the development already completed, the
following development may be constructed within the PGA DRT:
8 1 hotel rooms;
128,586 square feet of office;
31,768 square feet of commercial;
87,500 square feet of light industrial;
45,100 square feet of warehouse;
56 nursing home beds; and
13,366 square feet of institutional or civic uses.
residential units does not exceed 5,237 units.
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Residential units on undeveloped residential lots, so long as the total number of
3. Any development authorized by Paragraph 2 of this Agreement which has not been
completed by August 29,2005 may be begun and completed after August 29,2005 and without
further development of regional impact review. Any development begun after August 29,2005 shall
be subject to the City’s comprehensive plan and land development regulations.
4. The local transportation obligations and other continuing obligations required by the
City are set forth on Exhibit “By’ and shall be satisfied in accordance with the terms and conditions
applicable to each obligation. Compliance with the City’s continuing obligations set forth on Exhibit
“B” shall be monitored and enforced by the City.
-~ 5.. After the effective date of this Agreement, the PGA DFU shall no longer be required
to file annual reports pursuant to Section 380.06( 18)’ Florida Statutes; provided, however, beginning
September 1, 2006 and continuing until the issuance of the last certificate of occupancy for the
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. development authorized by Paragraph 2 of this Agreement, PGA shall provide the City a written
summary of the status of the continuing obligations set forth on Exhibit “B”.
6. PGA asserts and warrants that the information it has presented and the representations
and statements set forth above are true and accurate to the best of its knowledge and belief. Based .
r. upon such information and representations, DCA concludes that this Agreement reasonably applies
and effectuates the provisions and purposes of Chapter 380, Florida Statutes.
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TAL:52164:5
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7. In the event of a breach of this Agreement or failure to comply with any condition of
this Agreement, or if this Agreement is based upon materially inaccurate information, DCA or the
City may terminate this Agreement or file suit to enforce this Agreement as provided in Section
380.1 1, Florida Statutes. Injunctive relief shall be granted to the other parties in the event of a
breach of this Agreement or a failure to comply with any condition by another party.
8. This Agreement affects the rights and obligations of the parties under Chapter 380,
Florida Statutes. It is not intended to determine or influence the authority or decisions of any other
state or regional agency or the City in the issuance of any other permits or approvals required for the
development authorized by this Agreement.
9. The terms and conditions of this Agreement shall run with the property more
particularly described on the attached Exhibit “A” and inure to the benefit of and be binding upon the
heirs, personal representatives, successors and assigns of the parties hereto. PGA shall record a
notice of this Agreement which complies with Section 380.06(8)(a)lO., Florida Statutes, in the
Official Records of Palm Beach County, Florida, and shall provide DCA and the City with a copy of
the recorded notice within 30 days of execution of this Agreement.
10. The effective date and the date of execution of this Agreement shall be the date that
the last party signs and acknowledges the Agreement.
IN WITNESS THEREOF, the parties, by and through the undersigned duly authorized
representatives have executed this Agreement on the dates set forth below.
TAL521 645
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PGA NATIONAL VENTURE, LLLP, a Florida
limited liability limited partnership
By: North County Sales Company,
its General Partner
STATE OF FLORIDA
COUNTY OF PALM BEACH 8’ day of , 2005,
oPNorth%ounty Sales
Company, the Florida limited liability limited
partnership. He/she i as
identification.
MY COMMISSION # DD 386921
TAL521 645
(Name of Notary, typed, printed or stamped)
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ATTEST:
CITY OF PALM BE” GARDENS
City Clerk
Approved as to Form:
Date: /rNpJ.r It. /
City Attorney
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this [p%ay of Mf ,2005 by JUSWH A. RusJo > of the City of
Palm Beach Gardens, a municipal corporation of Florida. He& i own to me or has
produced as identification.
Notary Public
rzw 142 Ll5
(Name of Pfotary, typed, printed or stamped)
MY COMMISSION X DD 180817
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DEPARTMENT OF COMMUNITY AFFAIRS
Date: Y/2b/,6
STATE OF FLORIDA
COUNTY OF LEON
,2005
as identification.
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TAL521645
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DFSCmfa;O QF Ir- BV C0ac"rrIJmKts m 'PROPOSED
PCA RESoRrca~~
Sand+ in &ectionc 8, 9, lo8 1S Md 16, Town&p 42
south, Range 42:Eact, Pala Beach CapntJI. Florsda, dcacrlbed as fo33ovrr
All ihrk paX+ of 6aih Section8 8 and 9,:lccs the Worth
50 feek"thcrtoL, lying eutarly .of the arrterly right-of-
way line of the 260 foot wide* 42-16 Canal; AND all that pw+
of said Section 16 lying easterly of the-said c-18 Canal
and lying'noethcrly of the right-f-usy of state .noad 710;.
M-D all .thmt part of said Section 10, leas the North 50 feet thereof , AND all .+hat pal;+ oZ the Northurrt Quakeor,
(W 1/41 of. 6aLd scct4on IS lying bertorly of the- foalowing deicribd liner Fram the cmtei of said Section 1s xun.
North 88-30~02" Hrct ilon *the East-West pu8rtrr SectSon bine .of .said- Sectloa -15, fU.74 feet# thence Porkla 02.04 '39
=,.Et, 2624,318 faat, mota or 1-88 to r.point ln thr south line .of. siid stction 10; thencr Uoyth 87.19~37" vert, done
+he South. lfn. of Sectha' IO,' l29,OS freti thence I North 0lW06'4l9 -I+, 5293,69'feet, mormor.htss. tb a pabt
in the-South Unm df the KO& 50 feet OE. raid Sthtion 10,
smld point.boing 245.14 fort (os measured along tho said
south line of theHorth SO feet) vaotkrly of the lootth- .
south Quarter section linq or said. section 10: AND all hat parr OS thr Socth Half (6 1/21 of. raid Section-15 wing
wactaily of thr Wet+ Ilne of FloridaDr'TompUcr as der-.
crib4 in D'edd Bo&.llZO at pagem 342 and 343, Public Records of Palm Dcada County, .rloridr , LESS the Sojthwcrf Quarter (SH 113) of thc Southcast *Qimrtcr (Sli l/L)!of Rnfd
saction 1s. .
COXTAININC is3i.i aCms, mora or lcso.
.
EXHIBIT A
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TJESCSIPTION OF PALM PEACH GARDEXS
LANDS IN PROPOSED PGA RESORT cmimlrr
CONTINUING OBLIGATIONS
1. INTERNAL PATHWAYS. The proposed pedestrian and bicycle pathways shall
connect the residential areas of the project with commercial, employment, and recreational
centers to reduce the need for internal automobile trips.
XI. ARCHEOLOGICAL SITES. In the event that an archeological site or sites are
found by the planned archeological survey, proper protection to the satisfaction of the State of
Florida, Division of Archives, History and Records Management (Division of Archives), shall be
provided. In the event of discovery of archeological artifacts during project construction,
construction shall stop in that area and the Division of Archives shall be notified. Proper
protection, to the satisfaction of the Division of Archives, shall be provided.
111. INTERSECTION IMPROVEMENTS
A. Northlake Boulevard and Hiatt Drive
Upon the completion of every increment of additional development within PGA National
Commerce Park which generates offsite traffic over and above the number of trips assigned to
PGA National Commerce Park by the PGA National Traffic Study prepared by DaVid Plummer
& Associates, Inc. dated May 29, 1998 with revisions dated July 21, 1998, August 28, 1998,
September 23, 1998 and November 10, 1998, the applicant for site specific development
consideration (site plan approval or site plan amendment) shall conduct a Traffic Signal Warrant
Study for the intersection of Hiatt Drive and Northlake Boulevard. Installation of signalization at
that intersection shall depend upon the outcome of that study, as determined by the County
Engineer. Prior to certificate of occupancy, the signal shall be installed by the developer of the
site specific development application which triggers the need for the signal, and it shall be hlly
operational, including all appropriate lane geometry (as determined by the County Engineer),
pavement markings, signing, lighting, etc., as approved.
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B. Northlake Boulevard and Ryder Cup Boulevard
(1) Left turn lane west approach
(2) Right turn lane east approach
(3) Double left turn lane north approach
(4)’ Right turn lane north approach
(5) Install signal when warranted.
TAL:52348:2
EXHIBIT B
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IV. OFF-SITE ROADWAY IMPROVEMENTS
A. RYDER CUP BOULEVARD/JOG ROAD.
(1) The one hundred twenty (120) foot wide right-of-way presently
owned by Northern Palm Beach County Water Control District (NPBCWCD) and known
as Ryder Cup Boulevard shall be reserved from Northlake Boulevard to PGA Boulevard as
follows:
(a) From Northlake Boulevard to Thornton Drive, one hundred
twenty (120) feet shall be reserved to accommodate a maximum of four (4) through lanes
and necessary tapers;
(b) From Thornton Drive to Carrick Road, sixty (60) feet shall be
reserved to accommodate a maximum of two (2) through lanes;
(c) From Carrick Road to PGA Boulevard, one hundred twenty
(120) feet shall be reserved to accommodate a maximum of four (4) through lanes and
necessary tapers.
(2) In addition, from Thornton Drive to Carrick Road, the remaining
sixty (60) feet of right-of-way currently owned by NPBCWCD shall be reserved and
restricted to such uses as public utilities, open space, drainage, pathways, public recreation
and landscaping. NPBCWCD shall record a restrictive covenant in the public records of
Palm Beach County limiting use of the property as indicated.
. (3) NPBCWCD, or its successors in interest, shall convey the right-of-
way required to be reserved by Condition A( I), above, to Palm Beach County (“County”)
without compensation for a future extension of Jog Road at such time as all of the
following conditions precedent have been satisfied:
(a) CONTINUITY. With addition of the Ryder Cup Boulevard
link through PGA National, Jog Road shall be fully constructed and continuous between
Okeechobee Boulevard and its terminus at Donald Ross Road; and
(b) CONNECTIVITY. The Ryder Cup Boulevard link within
PGA National shall connect to other fully constructed links of Jog Road both North and
South of PGA National. “Fully constructed” shall mean a public roadway has been built
to the maximum laneage proposed by County’s Thoroughfare Plan, is open to traffic, and
maintenance of which has been formally accepted by the Board of County
Commissioners. “Connect” shall mean either that: (1) access to the fully constructed
roadway links is directly aligned and contiguous; or (2) the fully constructed roadway
links forming a continuous north-south network for Jog Road lie not more than one
TAL:52348:2
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quarter (0.25) miles from both the northern and the southern termini of Ryder Cup
Boulevard.
(c) TIMELINESS, NECESSITY AND APPROPRIATENESS.
Upon the occurrence of both events indicated in Subsections A.(3)(a) and (b), above, the
Board of County Commissioners may request conveyance of the right-of-way according
to the following procedures and considerations:
The County Department of Engineering and Public
Works ("County Engineer") shall first in writing notify NPBCWCD, the City of Palm
Beach Gardens ("City") and the PGA National Property Owners Association, Inc. ("PGA
National POA") that it will recommend to the Board of County Commissioners that the
Board request conveyance of the right-of-way to County.
[Z] Within sixty (60) days of receipt of the County
Engineer's notice, City may advertise and hold a public hearing at which County's
notification will be discussed, County may be invited to participate in the discussion.
Upon consideration of the information presented by County and other relevant
information which may be presented at the public hearing, the City may issue an
advisory opinion to County regarding the necessity for the conveyance. If City fails to
hold a public hearing within the 60 day period, this condition shall be deemed to have
been satisfied.
At any time after sixty (60) days from the'County
Engineer's initial notice of intent to recommend acquisition of the right-of-way, or after
receipt of City's advisory opinion, whichever shall first occur, the Board of County
Commissioners shall hold at least one (1) public hearing at which it shall consider the
County Engineer's recommendation. Such hearing may, at County's discretion, be
incorporated into County's regularly scheduled review of its Thoroughfare Plan or its
Five Year Road Program. It is the intent of this Development Order, however, to ensure
the widest possible notice to all affected parties. Written notice of such hearing shall
therefore be provided to NPBCWCD, to City, and to PGA National POA at least thirty
(30) days prior to the hearing. Notice of the hearing shall also be provided to the
residents of PGA National by publication of notice in a newspaper of general
circulation, as required by law for a public hearing. Minor technical errors in receipt or
delivery of special notice shall not affect the appropriateness of the Board of County's
Commissioners' decision. The hearing shall be held between the period from November
1 to March 30; and
[l J
[3]
[4] At its public hearing, the Board of County
Commissioners shall not be precluded from considering any relevant information or
testimony which may be presented to it regarding the timeliness, necessity or
appropriateness of acquiring the right-of-way. The Board shall to the greatest extent
possible rely upon objective, verifiable information (such as traffic analyses) that
demonstrates that County acquisition of the right-of-way s timely, necessary and
appropriate in order to promote and enhance public health safety and welfare. In
TAL:52348:2
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making this determination, the Board of County Commissioners should strongly
consider whether or not the roadway system within the Radius of Development Influence
of PGA National operates at or above its designated level of service. As a particular
indicator that acquisition of the right-of-way is not timely, necessary or appropriate, the
Board of .County Commissioners should consider whether or not the fully constructed
links of [a] Military Trail between PGA Boulevard and Northlake Boulevard and [b]
Beeline Highway south of Northlake Boulevard have actually deteriorated below the
adopted level of service for at least the two (2) consecutive, regularly scheduled traffic
count periods immediately preceding the Board of County Commissioners' hearing. The
level of service shall be based upon the btandards and procedures in force at the time of
the hearing. If the roadway system, and the particular links identified above are
operating at or above the adopted levels of service, the Board of County Commissioners
should strongly consider that acquisition of the right-of-way is not timely, necessary or
appropriate.
(d) Prior to conveyance, Palm Beach County shall agree to
accept a deed of conveyance for the right-of-way from NPBCWCD which shall include a
deed restriction or covenant that would be binding upon the parties, their successors and
assigns and would limit in perpetuity construction of the roadway by the County to a
maximum of two (2) through lanes from Thornton Drive to Carrick Road. The deed
restriction shall not prohibit construction of greater laneage provided that the expanded
roadway is approved by the PGA National Property Owners Association, Inc.
(e) County shall have no ability or authority to require
conveyance of the right-of-way until such time as all conditions precedent identified in
Condition A.(3)(a) through (d), above, are satisfied.
V. POTABLE WATER CONSERVATION MEASURES. Water saving
fixtures shall be used throughout the development, as this measure could reduce potable
water and wastewater loads generated by the project by 26%
VI. WATER OUALITY MONITORING, A water quality monitoring project
acceptable to the Department of Environmental Protection and the South Florida Water
Management District shall be implemented with specific measurement for pesticide, herbicide,
hgicide and nutrient used on the project site. Results shall be regularly submitted to the
Department of Environmental Protection and the South Florida Water Management District.
Should these results indicate degradation of waters discharged from the site, immediate remedial
action shall be undertaken.
VII. SURFACE WATER MANAGEMENT. A surface water management permit
shall not be attained at the expense of reducing either the quantity or quality of the presently
proposed marsh areas.
VIII. ENERGY CONSERVATION MEASURES. The following energy
conservation measures shall be undertaken:
TA1:52348:2
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- The orienting and location of occupied space will be planned to maximize
natural ventilation and minimize solar heat gain for comfort with modest
use of air conditioning.
and mini-vehicle facilities for personal movement.
part of the project building code. This standard provides genetrally:
- Private automobile use will be controlled to encourage use of pedestrian
ASHRAE Standard 90-75 and subsequent issues will be incorporated as -
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High thermal resistamce of building envelope. - Restrictive use of new energy for humidity control.
- Quality air conditioning equipment with high energy efficiency
ratios PER). - Well insulated hot water storage tanks. - Good lighting design with high lamp efficiencies.
- Requirement for energy analysis of buildings of unusual design to
provide reasonable energy use but not restrict architectural
imagination.
- Maximum use of reverse cycle air conditioning.
Pool hearing by non-depleting energy only.
Incorporate solar water heating for the production of domestic hot water.
As other uses of solar energy become economically feasible, include them
throughout the project.
IX. MAXIMUM RESIDENTIAL DENSITY.
a. The development shall be limited to a maximum of 5,237 residential
dwelling units.
In revising the master plan of development, the residential densities of any
development parcel shall not be increased above those shown on the current approved
master plan without the express approval of the City Council.
b.
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Date Prepared: November 9,2005
RESOLUTION 175,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE MASTER
PROPERTY LOCATED AT THE NORTHWEST CORNER OF
MILITARY TRAIL AND INTERSTATE 95, AS MORE
PARTICULARLY DESCRIBED HEREIN, TO ALLOW THE
DEVELOPMENT OF 150,000 SQUARE FEET OF PROFESSIONAL
REFERRED TO AS “THE POINTE PUD”; PROVIDING FOR
WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; AND
PROVIDING AN EFFECTIVE DATE.
DEVELOPMENT PLAN FOR THE APPROXIMATELY 9.18-ACRE
OFFICE SPACE AND A FIVE-LEVEL PARKING GARAGE TO BE
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 a request from Anne Booth of Urban Design
Studio, on behalf of Pointe Property Development, LLC, for master development plan
approval to allow the development of two 75,000 square-foot professional office
buildings and a five-level parking garage to be called “The Pointe PUD”; and
WHEREAS, the subject site has been rezoned to a Planned Unit Development
(PUD) Overlay and has an underlying zoning designation of Professional Office (PO), in
accordance with Ordinance 37,2005; 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 November 8, 2005, meeting and recommended its approval by a vote of 7-0; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Applicant and other interested parties and the recommendations of the
various City of Palm Beach Gardens review agencies and staff; and
WHEREAS, the City Council has determined that adoption of this Resolution is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
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Dale Prepared: November 9,2005
Resolution 175, 2005
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION I. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The master development plan application of Anne Booth of Urban
Design Studio, on behalf of the Applicant, The Pointe Property Development, LLC, is
hereby APPROVED on the following described real property, to permit the development
of two 75,000 square-foot professional office buildings and a five-level parking garage
on 9.18 acres of land to be referred to as "The Pointe PUD," generally located at the
northwest corner of Military Trail and Interstate 95, subject to the conditions of approval
contained herein, which are in addition to the general requirements otherwise provided by
ordinance:
LEGAL DESCRIPTION:
THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION I, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH
RECORDED IN DEED BOOK 815, PAGE 581 , AND OFFICIAL RECORD BOOK 2439,
PAGE 985, PUBLIC RECORD OF PALM BEACH COUNTY, FLORIDA.
COUNTY, FLORIDA. SUBJECT TO THE RIGHT-OF-WAY OF MILITARY TRAIL AS
LESS THE FOLLOWING:
COMMENCE AT THE NORTHEAST CORNER OF TRACT "B" OF GARDEN LAKES
AND GARDEN SQUARE SHOPS PER PLAT RECORDED IN PLAT BOOK 34, PAGES
139 THROUGH 145; THENCE NORTH 00'59'20" EAST 9.00 FEET; THENCE NORTH
01'43'57" EAST 733.64 FEET TO THE POINT OF BEGINNING; THENCE NORTH
01'43'24" EAST 633.61 FEET; THENCE NORTH 88'16'36" WEST 81.42 FEET;
THENCE SOUTH 01'43'24" WEST 71.37 FEET; THENCE SOUTH 05'32'14" WEST
180.40 FEET; THENCE SOUTH OI"43'24" WEST 303.13 FEET TO THE BEGINNING
OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 136.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 35'49'24" A DISTANCE OF 85.03 FEET TO THE END OF SAID CURVE; THENCE
SOUTH 88'30'43" EAST 119.04 FEET TO THE POINT OF BEGINNING.
LESS THE FOLLOWING:
COMMENCE AT THE NORTHEAST CORNER OF TRACT "6" OF GARDEN LAKES
AND GARDEN SQUARE SHOPS PER PLAT RECORDED IN PLAT BOOK 34, PAGES
139 THROUGH 145; THENCE NORTH 00'59'20" EAST 9.00 FEET; THENCE NORTH
01'43'57" EAST 733.64 FEET; THENCE NORTH 88'30'43" WEST 340.43 FEET TO
THE POINT OF BEGINNING; SAID POINT BEING THE BEGINNING OF A CURVE
CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 1,051.92 FEET;
THENCE FROM A TANGENT BEARING OF NORTH 41'19'54" WEST RUN
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
07'27'34'' A DISTANCE OF 136.95 FEET TO THE END OF SAID CURVE; THENCE
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Date Prepared: November 9,2005
Resolution 175,2005
NORTH 33"52'20" WEST 707.12 FEET TO THE BEGINNING OF A CURVE
CONCAVE NORTHEASTERLY HAVING A RADIUS OF 3,180.05 FEET; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
OI"06'22" A DISTANCE OF 61.39 FEET TO THE END OF SAID CURVE; THENCE
NORTH 88'32'02" WEST 335.22 FEET; THENCE SOUTH 01'48'46" WEST 178.81
FEET; THENCE SOUTH 26'31'40" EAST 482.71 FEET TO THE BEGINNING OF A
CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 11,553.16 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF OO"43'22" A DISTANCE OF 145.73 FEET TO THE END OF SAID CURVE;
THENCE SOUTH 88'30'43" EAST 570.79 FEET TO THE POINT OF BEGINNING.
LESS THE FOLLOWING:
COMMENCE AT THE NORTHEAST CORNER OF TRACT "B" OF GARDEN LAKES
AND GARDEN SQUARE SHOPS PER PLAT RECORDED IN PLAT BOOK 34, PAGES
139 THROUGH 145; THENCE NORTH OO"59'20 EAST 9.00 FEET; THENCE NORTH
01 "43'57" EAST 733.64 FEET: THENCE NORTH 88"30'43" WEST 91 1.22 FEET TO
THE POINT OF BEGINNING; THENCE CONTINUE NORTH 88'30'43' WEST 299.14
FEET; THENCE NORTH Ol"48'46" EAST 554.37 FEET; THENCE SOUTH 26"31'40"
EAST 482.71 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT
HAVING A RADIUS OF 11,553.16 FEET; THENCE SOUTHEASTERLY ALONG SAID
CURVE 145.73 FEET THROUGH A CENTRAL ANGLE OF OO"43'22" TO THE END
OF SAID CURVE AND THE POINT OF BEGINNING.
TOGETHER WITH:
A PORTION OF THE SOUTH HALF (S 1/2) OF THE SOUTHEAST QUARTER (SE
1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 1, TOWNSHIP 42
SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF TRACT "B" OF GARDEN LAKES
AND GARDEN SQUARE SHOPS ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 34, PAGE 139, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA; THENCE NORTH OO"59'20" EAST A DISTANCE OF 9.00 FEET
TO A POINT; THENCE NORTH OI"43'57" EAST A DISTANCE OF 733.64 FEET TO A
POINT ON THE NORTH LINE OF SAID SOUTH HALF (S 1/2), SOUTHEAST
QUARTER (SE '/), NORTHWEST QUARTER (NW %); THENCE NORTH 88O30'43"
WEST, ALONG SAID NORTH LINE, A DISTANCE OF 119.15 FEET TO THE POINT
OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE
CONTINUE NORTH 88"30'43" WEST, ALONG SAID NORTH LINE, A DISTANCE OF
NORTHEAST HAVING A RADIUS OF 1051.92 FEET, A- CENTRAL ANGLE OF
l"03'55" AND A CHORD BEARING OF SOUTH 41"51'52" EAST, SAID POINT ALSO
NOW LAID OUT AND IN USE; THENCE SOUTHEASTERLY, ALONG THE ARC OF
221.28 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE TO THE
LYING ON THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD NO. 9 (1-95) AS
Date Prepared: November 9,2005
Resolution 175.2005
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SAID CURVE AND SAID RIGHT-OF-WAY LINE, A DISTANCE OF 19.56 FEET TO
THE BEGINNING OF A COMPOUND CURVE CONCAVE TO THE NORTH HAVING A
RADIUS OF 136.00 FEET AND A CENTRAL ANGLE OF IOO"03'25"; THENCE
DISTANCE OF 237.50 FEET TO THE POINT OF BEGINNING. BEARINGS RECITED
HEREIN ARE BASED UPON THE EAST LINE OF THE NORTHWEST QUARTER (NW
X) HAVING A BEARING OF NORTH OI"43'24" EAST AND ALL OTHER BEARINGS
ARE RELATIVE THERETO.
EASTERLY, ALONG THE ARC OF SAID CURVE AND SAID RIGHT-OF-WAY LINE, A
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following nine (9) waivers:
1.
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4.
5.
6.
7.
8.
9.
Section 78-1 53, Nonresidential zoning districts, to allow for a building height
of 68.4 feet for each office building and a building height of 56.4 feet for the
parking garage.
Section 78-285, Permiffed signs, to allow for principal building signs to be
located above the fourth floor line on the east and west elevations of each
office building.
'
Section 78-285, Permitted signs, to allow for an additional principal building
sign on the west elevation of each office building.
Section 78-285, Permitted signs, to allow for the landscaped area around
the monument sign to be 3.3 feet wide.
Section 78-344 (1)(1), Construction and maintenance, to allow 9.5-foot wide
parking spaces within the parking garage.
Section 78-345(d)(I), Increase of parking spaces allowed, to allow for 25
additional parking spaces on-site.
Section 78-364 (a), Number of loading spaces required, to allow for two
loading spaces.
Section 78-31 9 (3), Minimum landscape buffer and planting requirements, to
allow for a 20-foot wide landscape buffer adjacent to the 1-95 right-of-way
around the lake.
Section 78-563 (c), Lake maintenance tracts, to allow for a 12-foot wide lake
maintenance easement.
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Date Prepared: November 9,2005 Resolution 175,2005
SECTION 4. Said approval is subject to the following conditions, which shall be
the responsibility of the Applicant, its successors, or assigns:
1.
2.
3.
4.
5.
6.
7.
8.
The permitted uses shall consist of business and professional office.
Medical office uses shall not be permitted on site unless a traffic
equivalency analysis and a parking analysis are approved by the Growth
Management Administrator and the City Engineer via Administrative
Approval. (Planning & Zoning)
The monument sign shall include identification for no more than three
tenants and the project name "The Pointe." The tenant signs shall not
exceed 50% of the height of the project sign. (Planning & Zoning)
The Applicant shall submit an updated phasing plan to the City on or before
the anniversary date of the development order approval until build-out.
(Planning 81 Zoning)
If the on-site Art in Public Places (AIPP) is located within the lake, the
Applicant shall install a seating area, which shall include a shade structure
such as a landscape trellis in the general area of the proposed art location
adjacent to the lake prior to issuance of the last Certificate of Occupancy for
Phase I, subject to review and approval by the Growth Management
Department. (Planning & Zoning)
Prior to the issuance of the last Certificate of Occupancy for the first phase,
the Applicant shall provide a fountain including aeration within the wet
detention area on site. (Planning & Zoning)
Prior to issuance of the first building permit, the Applicant shall post escrow or
make payment in lieu for the Art in Public Places in accordance with City Code
Section 78-262. (Planning & Zoning)
Prior to the issuance of the first Certificate of Occupancy, the City Council shall
review and approve the artwork design, and the approved art shall be installed
prior to the issuance of the last Certificate of Occupancy for Phase I. The Art
in Public Places Advisory Board may require the artwork to be cumulative for
both phases, and if the cost of the artwork in Phase I exceeds the AlPP
requirements for Phase I, the additional cost shall count towards Phase II
AlPP requirements. If the fountain is incorporated into the AIPP, credit may
be given for the fountain subject to review and approval by the Art in Public
Places Advisory Board and the City Council. (Planning & Zoning)
Prior to the issuance of the last Certificate of Occupancy for each phase, all
roof-top mechanical equipment shall be screened from view. (Planning &
Zoning )
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Date Prepared: November 9,2005
Resolution 175, 2005
9. At no time shall staging of construction vehicles andlor service vehicles occur
within a public right-of-way. All vehicular construction activities shall use a
construction access off of Military Trail. (Planning & Zoning) I
10. The principal identification signs shall be limited to one type face, one color,
and shall not exceed the length or height as delineated as signage copy
area on the architectural elevations. The principal identification signs on the
east elevations shall consist of a reverse backlight channel letter with one
and one half-inch (1 %") deep returns, and the backlighting shall be no
further than one and one half-inch (1 %") off the wall. Backlighting for these
signs on the east elevations shall be accomplished with LED bulbs, and
backlighting with neon shall be prohibited. The first building sign permit to
be issued by the Growth Management Department shall provide for the
color and type face allowed for the office buildings. (Planning & Zoning) I
1 I. The only building signage allowed for this site is reflected on the City Council
approved architectural elevations. No other building signage shall be allowed.
(Planning & Zoning)
12. Prior to the issuance of the first Certificate of Occupancy for Phase II, the
Applicant shall install an eight-foot wide sidewalk adjacent to the parking
garage in lieu of the five-foot wide sidewalk reflected on the plans. (Planning
& Zoning)
Cif Y Forestry
13. Within six months from the issuance of the first clearing permit, the
Applicant shall remove all prohibited, invasive, and non-native plants from
the site and install additional native material within the preserve, subject to
the City Forester's review and approval. The Growth Management
Administrator may grant a one-time, three-month time extension to this
requirement. (Planning & Zoning)
14. Within six months from the issuance of the first -clearing permit, the
Applicant shall implement the City's Military Trail Median Landscape Plan
adjacent to the subject site. The Growth Management Administrator may
grant a time extension to this requirement only if the Applicant has
demonstrated progress in implementing this condition. (City Forester)
75. The Applicant shall maintain and irrigate the Military Trail median from the
southern property terminus to the northern property terminus. The Applicant
shall also maintain and irrigate the Interstate 95 road shoulder landscaping
from the site entrance to the western terminus, subject to Florida
Department of Transportation (FDOT) approval. This condition. may be
amended at any time by a separate agreement between the City and the
applicant. (City Forester)
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Date Prepared: November 9,2005
Resolution 175,2005
16. Within six months from the issuance of the first clearing permit, the
Applicant shall install all Interstate 95 road shoulder landscaping and
irrigation, subject to approval from the Florida Department of Transportation
(FOOT). The Growth Management Administrator may grant a time
extension to this requirement only if the Applicant has demonstrated
progress in implementing this condition. (City Forester) I
17. Within six months from the issuance of the first clearing permit, the
Applicant shall install all buffers within Phase 1 in their entirety, in
accordance with the Pointe Phasing Plan, sheet three of four. The Phase I1
buffer shall be completed within six months from the issuance of the first
clearing permit for Phase II. The Growth Management Administrator may
grant a one-time, three-month time extension to this requirement. (City
Forestry)
18. Any major change to the approved landscape plan that results in a
downgrade, as deemed by the Growth Management Administrator, shall
require approval by the City Council in accordance with City Code Section
78-306 (f). (City Forester)
Police Department:
19. Metal halide lighting shall be used for all street, walkway, and parking
garage lighting. (Police Department)
20. Prior to the issuance of the first Certificate of Occupancy for each phase,
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)
21. 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 nighttime visibility, shall provide
bi-directional visibility from the roadway (when applicable), shall consist of
12 inches in height and shall be a different color than the color of the
surface to which they are attached. (Police Department)
22. Prior to the issuance of the first Certificate of Occupancy for each phase,
the Applicant shall provide a timer clock or photocell sensor engaged
lighting above or near entryways and adjacent sidewalks. (Police
Department)
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Date Prepared: November 9,2005
Resolution 175,2005
23. Prior to the issuance of the first building permit, the Applicant shall provide a
street address system depicting street names and numerical addresses for
emergency response purposes. Address system depiction shall be in 8.5" X
1 I" map format. (Police Department)
24. Prior to the issuance of the first Certificate of Occupancy for each phase, all
building directories and mailboxes shall be located within the buildings.
(Police Department)
25. Prior to issuance of the first Certificate of Occupancy for each phase, all
structures shall be target hardened to include pre-wiring for an alarm
system; all entry doors (excluding glass doors) shall be equipped with a
metal plate over the threshold of locking mechanism; rear doors shall have
180 degree peephole viewers; case hardened deadbolt locks shall be on all
exterior doors with minimum one-inch throw (excluding glass doors); door
hinges shall be on the interior side of each door; and the main entries to all
buildings shall be wired for closed circuit digital camera surveillance system,
All glass doors shall be impact resistant. (Police Department)
26. Prior to the issuance of a building permit for the second phase, the
Applicant shall submit a photometric plan that complies with the Illumination
Engineering Society of North America (IESNA) standards for the parking
garage, subject to review and approval by the City Engineer. (Police
Department)
27. Prior to the issuance of the first Certificate of Occupancy for the second
phase, the Applicant shall provide an access control system, utilizing a key
pad or card system, for all doors and elevators in the parking garage, which
shall be activated between the hours of 1O:OO p.m. through 6:OO a.m.
(Police Department)
28. Prior to the issuance of the first Certificate of Occupancy for the second
phase, the Police Department shall approve the location of signs and
graphics indicating exits, stairs, and elevators within the parking garage.
(Police Department)
29. Prior to the issuance of the first Certificate of Occupancy for each phase,
the Applicant shall work with the Police Department to develop a security
plan, which may include the installation of a high-resolution, low-lux color
digital video system, with monitoring and photo processing picture or video
printout capabilities. (Police Department)
30. Prior to the issuance of the first Certificate of Occupancy for each phase,
the Applicant shall install convex mirrors in the stairwells and in all elevators
in locations approved by the Police Department. (Police Department)
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Date Prepared: November 9,2005
Resolution 175,2005
31. 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. Noncompliance with the approved security and
management plan may result in a stop-work order for the PUD. (Police
Depart men t)
32. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall
install a passive infrared activated supplemental lighting in the dumpster
enclosure area. (Police Department)
33. Prior to the issuance of the first Certificate of Occupancy for each phase,
the Applicant shall install a video camera in all elevators, subject to the
approved security plan. (Police Department)
City Ennineerinq
34. Prior to the issuance of the first land alteration permit, the Applicant shall
provide a signed and sealed pavement marking and signage plan. (City
Engineer)
35. The Applicant shall provide the City Engineer with copies of all
correspondence to and from regulatory agencies regarding issues on the
Pointe PUD. (City Engineer)
36. Prior to commencement of construction for each phase, the Applicant shall
provide all necessary construction zone signage and fencing as required by
the City Engineer. (City Engineer)
37. Prior to the issuance of the first land alteration 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. (City
Engineer)
38. Prior to issuance of the first land alteration 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)
39. 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: November 9,2005
Resolution 175,2005
40. Prior to the issuance of the first land alteration permit, the Applicant shall
submit signed and sealed construction plans with all calculations by an
engineer licensed in the State of Florida. (City Engineer)
41. Prior to construction plan approval, the Applicant shall schedule a pre-permit
meeting with City staff. (City Engineer)
42. Prior to 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 an engineer licensed in the State of Florida. (City
Engineer)
43. Prior to the issuance of the first land alteration permit, the Applicant shall
provide a letter of authorization from the utility companies allowing
landscaping within their easements. (City Engineer)
44. The construction, operation, and/or maintenance of any elements of the
Pointe PUD 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 development of the Pointe, it shall be the Applicant's
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)
(( -
45. No Certificates of Occupancy shall be issued until the contract is let for the
extension of the northbound left-turn lane along Military Trail at the median
opening, which shall provide access to the property for 420 feet (370 feet of
storage and 50 feet of taper). (Palm Beach County)
46. Prior to the issuance of the first Certificate of Occupancy, the existing U-turn
lane adjacent to the subject site shall be re-striped to indicate a left turn into
the subject site, subject to Palm Beach County's approval. (City Engineer)
47. Any amendment to the site access point shall require the Applicant to
submit a revised traffic report for review and approval by the City Engineer
and Palm Beach County. (City Engineer, Palm Beach County) *
48. The build-out date for the Pointe PUD shall be December 31, 2005, unless
extended per City Code Section 78-61. (City Engineer)
10
Date Prepared: November 9,2005
Resolution 175,2005
Miscellaneous
2
3 49. Prior to the issuance of the first building permit for each phase, digital files of
4 the approved plat shall be submitted to the Planning and Zoning Division, and
5 approved civil design and architectural drawings, including floor plans, shall be
6 submitted prior to the issuance of the first Certificate of Occupancy for each
7 phase. (GIs Manager, Development Compliance Officer)
9 SECTION 5. This Planned Unit Development shall be constructed in compliance
IO with the following plans on file with the City’s Growth Management Department:
11
12 Sheets I through 4: Site Plan, Details, Phasing Plan, and Additional Open
13 Space Plan, prepared by Urban Design Studio, last revised on November 9,
14 2005, and received and stamped by the City on November IO, 2005.
15
16 2. Sheets 1 through 7: Alternative Landscape Plans, Specifications and
17 Details, prepared by Urban Design Studio, last revised on November 9,
18 2005, and received and stamped by the City on November IO, 2005.
I9
20 Sheets 1 through 3: Photometric Plans, prepared by Urban Design Studio,
21 last revised on November 20, 2005, and received and stamped by the City
on November 28,2005.
Sheets A-1 .O through A-3.5 (15 sheets total): Architectural Elevations, Floor
Plans, and Roof Plans, prepared by Oliver, Glidden, Spina, & Partners, last
revised on November 9, 2005, and received and stamped by the City on
a
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27 November 10,2005.
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SECTION 6. This approval shall be consistent with all representations made by
the Applicant or Applicant’s agents at any workshop or public hearing.
SECTION 7. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
11
I
2 PASSED AND ADOPTED & this day of bcc.cn\w ,2005.
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Date Prepared: November 9,2005
Resolution 175,2005
''I 3 . f 4.. ,
" 5 5 CITY OF PALM BEACMAF
vr
ATTEST: 1
6Q
BY: -&&*aT
Patricia Snider, CMC, Ci y Clerk
-, ,-
..
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
VOTE: -- AYE NAY ABSENT
MAYOR RUSSO L--
VICE MAYOR JABLIN 4--
--- /-
COUNCILMEMBER VALECHE L--
--- /-
COUNCILMEMBER LEVY
-I -..--._ .-
COU NC I LM E M B E R BARN ETT
\\Pbgsfile\A~orney\aIlorney_share\RESOLUTlONS\Pointe - reso 175 2005.doc
12
ATTACHMENT ‘G’
Support Data & Analysis
7,005 PBG Round 1
CITY OF PALM BEACH GARDENS
COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT
MAP CHANGE:
PLEASE SEE THE RESPONSE TO THE REQUIREMENTS IN BOLD.
Maps
1. An 8 1/2" X 11" map of the subject area drawn to scale in miles, shading in the subject
property.
A Map has been included as Attachment 'A' to illustrate the subject property.
2. An 8 1/2" X 11" map of the area, indicating the boundary of the subject property, its location
in relation to the thoroughfare network, and the proposed Future Land Use Map designation.
A map has been included as Attachments 'Bl' and 'B-2'.
3. An 8 1/2" X 11" section of the City's Future Land Use Map, indicating the subject property,
its current land use designation, and the land use designation of abutting properties.
A map has been included as Attachment 'C'.
- 4. Indicate the comprehensive plan maps, other than the Future Land Use Plan Map, which
will need to be modified to include the proposed amendment.
No additional maps will be modified for the proposed amendment.
5. If the subject property was recently annexed, or for other reasons has not been included in
the Palm Beach Gardens Comprehensive Plan data and analysis, the following information
must also be supplied to update all applicable maps:
a. soil/mineral types
b. wellfield zones/cones of influence
C. historic resources
d. flood prone areas
e. drainage basins and features
f. major topographical features
g. ecological coinmunities/wetlands
The subject property is included in the Palm Beach Gardens Comprehensive Plan Data and
Analysis.
Future Land Use Map Amendment
Petition CP-04-14
I Data and Analysis
Date Prepared: January 2, 2005
. Reports
1. Size of the site in acres or fiactions thereof.
Existing Land Use Designation Acres Intensity
Residential Low (RL) 695.14 2,780 units
4 unitdacre
Commercial (C) 13.01 991,752
35% lot coverage square feet
5 stories (50 feet)
Subject parcel site area = approximately 708.14 acres. See Attachment 'D',
2. Description of existing land u- (not designations) of subject property and surrounding
properties .
Existing Use of Subject Property:
The subject property is vacant and undeveloped with the exception of three single-
family units and two mobile home trailers on site.
Existing Use of surrounding properties:
North: Donald Ross Road and the Abacoa mixed-use DRI (Jupiter)
South: Hood Road and the Westwood Gardens Residential and Commercial
Planned Unit Development (PUD) and the Westwood Lakes Residential Planned
Unit Development (PUD)
East: San Michelle Residential Planned Unit Development (PUD), the Benjamin
Upper School Planned Unit Development (PUD) and the Legends at the Gardens
West; .Site is bisected by Interstate 95 (FDOT State Road No. 9); the western
Residential Mixed-Use Planned Unit Development ,'
boundary of the property is adjacent to Ronald Reagan Turnpike and Residential
Community of East Pointe (Palm Beach County) "..
3. A narrative which summarizes:
a) The maximum allowable development under the existing designation for the site;
The existing Future Land Use designation for the site is Residential Low (RL) on
695.14 acres of the site and Commercial (C) on 13.01 +acres of the site. The
Comprehensive Plan allows up to four (4) units per acre on the portion of the property
designated Residential Low. This would allow for up to 2,780 dwelling units'on the
subject site as summarized in the table below. The Comprehensive Plan allows up to
35% lot coverage and five stories (50 feet) in height for the portion of the property
designated Commercial. This would allow for up to 991,752 square feet of general
commercial use.
tial .,
Future Land Use Map Amendment 2 Dnla and Analysis
Petition CP- 04- 14 Dale Prepared: January 2, 2005
b) The maximum allowable development under the proposed designation for the site;
Industrial: Research &
Development (includes Research
Clinic)
The proposed land-use plan designation for the 708.14 acre site is Mixed-Use
(MXD), The subject site has a Planned Development Area (PDA) zoning
designation which requires a Planned Community District (PCD) or a Planned
Unit Development (PUD) rezoning prior to development approval of the site. The
proposed land-use amendment specific to the site shall be limited the following
scenario: 8 million square feet of Research & Development (including a 300-bed
research clinic); 1,000 multi-family workforce units; and 50,000 square feet of
Commercial or the equivalent thereof.
square feet
353 acres** (including
49.8% 300 beds
research
Maximum Proposed Mixed-Use (MXD) Potential"
Existing Land Use Allocation 1 Allocation I I Intensity
Commercial (C)
i
clinic)
3.0 acres** 50,000 square
.42% 4 feet
I I I Residential Use
I ,
70.38 acres** 1000 multi-
11.2% family units ,
Remainder Acreage: Roadways,/
Buffers, Lakes, Upland Set Aside 1 "NIA 281.76 acres
39.8%
~
I I ! Total:
i
f
708.14 acres
100%
I The proposed Land Use Plan designation for the 708.14 acre subject site is
Mixed Use (MXD). The Mixed Use designation is designed for new development
which is characterized by a variety of integrated land use types. The land-use
designation would provide for a Lore innovative, integrated and functional
development on the site, which hould be beneficial to the City's goal of
diversifying its economic base.
The maximum allowable develobment under the proposed land-use on
approximately 708.14 acres has been limited to the following: .
I
. T,
** Indicates net acreage eliminating lakes for
c) A description of the proposed use
> 8,000,000 square feet of Research and Development (including a 300
bed research clinic)
drainage.
and information on its compatibility with the
Future Land Use Map Amendrnenl
Pelition CP-04-14
3 Data and Analysis
Date Prepared: January 2, 2005
P
P
1000 residential workforce single-family and multi-family units
50,000 square feet of Commercial Neighborhood
The proposed uses are compatible with the surrounding uses and future land use
designations. The property to the north is within the boundary of the Town of
Jupiter and is an existing Abacoa Development of Regional Impact (DRI) with a
future land-use designation of Mixed-Use. The 2,055-acre Abacoa project
includes a Florida Atlantic University campus, a baseball stadium, 6,000 homes,
commercial retail development, professional office uses, and is projected to
house 15,000 residents by the year 2015. There are three adjacent developments
to the east of the subject site. At the northeast end of the site, the Legends
Mixed-Use Planned Unit Development is currently under development, which
includes 19,375 square feet of professional office, 19,375 square feet of
commercial neighborhood, and 186 multi-family units. At the southeast corner
of the site is the San Michele Planned Unit Development, which includes 90
single-family homes. Directly east of the subject site located between the two
aforementioned projects is the Benjamin Upper School, which is' a 187,671
square foot private high school. The construction of the high school included a
portion of a thoroughfare roadway that will extend through the subject site and
connect to Donald Ross Road as provided for in the City's Comprehensive Plan
Thoroughfare Identification Map (Map 0). To the south of the subject site is
one residential multi-family development bisected by Interstate Highway 95, the
Westwood Gardens and Westwood Lakes Planned Unit Development (PUD).
The Westwood Gardens development includes 699 multi-family units and a 2.4-
acre commercial neighborhood parcel that is currently being developed as
28,282 square feet of professional office center. The office center shares access
with the Westwood Lakes portion of the residential planned unit development.
To the west of the subject site is the Ronald Reagan Turnpike and Eastpointe
Residential Planned Unit Development (PUD), which is located within the
boundaries of unincorporated Palm Beach County.
The existing properties to the north, south, east and west are compatibles uses to
the proposed future land use designation for the subject site. The proposed land
use designation will permit the type of development that will create the
opportunity for new jobs. The creation of new jobs will require housing to
accommodate the workforce. The ability to maintain both jobs and housing
within a community provides for a reduction in the number and length of
automobile trips. The Briger Tract, with its blend of workforce housing and
Research and Development uses, can be coupled with the existing neighborhoods
to ensure the interaction between uses, so that daily activities of living, working,
learning, shopping and playing can be brought together more closely. Through
the master planning process, the subject site can be designed so that uses are
integrated on the site in a manner sensitive to the surrounding future and
existing uses. The proposed land use designation will complement the existing
uses and compatibility can be assured using sound planning principles.
-
Future Land Use Map Amendment
Petition CP- 04- I4
4 Data and Analysis
Date Prepared: January 2, 2005
4. A statement of justification or reason for the proposed land use amendment, which is based
on the physical characteristics of the site, the impact on public facilities and services, and the
policies of the City.
The proposed request is a City-initiated Comprehensive Plan amendment to change
the current land use designation of five parcels known collectively as the Briger
Tract, from Commercial (C) and Residential Low (RL) land use designations to
Mixed Use (MXD) land use designation.
This City-initiated petition is based on City Council’s direction to staff to prepare a
land use amendment as a result of a City-wide economic development initiative to
diversify its tax base. The initiative recognizes the need to provide more
opportunities within the City for value-added employment given the lack of vacant
land remaining in the City to achieve this goal.
In order to determine which parcels were most suitable for this purpose, the
following specific criteria were developed:
0 (i
I
I
I
I
I
I
I
a
m
I
a
Size of Parcel
Existing Use
Current Zoning and Land Use Designation
Public Transit Opportunities
Development Approvals
Approved Traffic Concurrency
Available Utilities
Forbearance Agreement Restrictions
Other land-use restrictions
Land Use Compatibility with Surrounding Area
In applying the criteria to all vacant parcels within the City to determine which
parcels are most suitable for economic development, staffs analysis indicated a list
of parcels within its jurisdiction were most appropriate for this initiative. However,
the Briger Tract remains the only parcel out of these that currently does not have a
land use designation that could accommodate Research and Development uses. At
the direction of City Council on September 1, 2004, City staff has filed an
application to change the future land use designation for the site.
The proposed future land use change is also being initiated as a result of The
Scripps Research Institute (TSRI) Alternative Sites Analysis which was produced
by Palm Beach County in August, 2004. In this study, the Briger Tract was listed as
one of the five alternative sites should TSRI not locate on the originally selected
Mecca Farms Site. On September 1, 2004, the City Council passed Resolution 191,
2004, which recommended the Briger site as the most viable alternative site. City
Council stated in the Resolution that the Briger site would provide the most optimal
environment and best alternative site for Scripps, Florida, recognizing the value and
close proximity of the Abacoa DRI located immediately north of the site in the Town
of Jupiter.
Future Land Use Map Amendment 5 Data and Analysis
Petition CP-04-14 Date Prepared: January 2, 2005
((e As part of the City’s on-going efforts to support TSRI, the City is including limiting
the land-use designation to those uses required to support the needs of TRSI within
the proposed MXD land use designation, should TSRI select Briger as-its alternative
site.
In addition to accommodating the development of TSRI, the proposed land use
amendment will encourage the mixed-use concept that provides alternatives to low
density, sub-urban development and will encourage the efficient use of
infrastructure and services. Sound planning principles encourage the creation of
master plans that support opportunities that create jobs and make available a
balance of housing to support the non-residential uses.
5. A description of the availability of and demand on public facilities, indicating the proposal’s
impact on established level of service standards: sanitary sewer, potable water, traffic
circulation, solid waste, drainage, recreation and open space. (NOTE: The most dense or
intensive use allowed under the land use category should be analyzed for its impact on
facilities and services.)
The availability of and demand on public facilities has been analyzed based on the
“maximum allowable development” as limited to: 8 million square feet of Research &
Development (including a 300-bed research clinic); 1,000 multi-family workforce
units; and 50,000 square feet of Commercial, or the equivalent thereof.
TRAFFIC ANALYSIS:
Traffic circulation has been analyzed by McMahon Associates. A copy of the analysis
is attached as Attachment ‘E.’
The McMahon trip generation analysis shows a net decrease of 179 daily trips. Based
on this study, a link capacity analysis is not required.
SANITARY SEWER ANALYSIS:
Sanitary sewer services are provided by the Seacoast Utility Authority. A copy of a
letter indicating its ability to service this site is attached. See Attachment ‘F’.
The City’s Comprehensive Plan provides for the following standards:
Sanitary Sewer - LOS (107 gallons per day per capita)
Existing Land Use Desknation - PBG Commercial (C) and Residential Low (RL)
99,175 gallons per day based on 991,752 square feet commercial use
(991,752 square feet x 0.1 gal/day/square foot)
713,904 gallons per day based on a maximum of 2,780 residential units
(2,780 units x 2.4 persons per unit x 107 gallons per day per capita)
Future Land Use Map Amendment
Petition CP-04-14
6 Data and Analysis
Dale Prepared: January 2, 2005
Proposed Land Use Desknation - PBG Mixed-Use (Mxo)
1,061,800 gallons per day based on a maximum of:
8,000,000 square feet of Research and Development (including a 300 bed research
clinic)
1,000 residential units (1,000 units x 2.4 persons per unit x 107 gallons per day per
capita)
50,000 square feet of Commercial Neighborhood
Please note the demand in gallons per day for all calculations are rounded to the
next full gallon.
An amendment to the CIE is being prepared concurrently with this land use
amendment. The sanitary sewer services will be funded by the Seacoast Utility
Authority which is a separate entity with its own revenues, expenditures and staff.
POTABLE WATER ANALYSIS:
Potable water services are provided by the Seacoast Utility Authority. A copy of a
letter indicating its ability to service this site is attached.
The City’s Comprehensive Plan provides for the following standards:
Potable Water - LOS (191 gallons per day per capita)
Existin2 Land Use Desipnation - PBG Commercial (C) and Residential Low (RL)
99,176 gallons per day based on a maximum square footage of 991,752
(991,752 square feet x 0.1 gaYday/square foot)
1,274,352 gallons per day based on a maximum of 2,780 residential units
(2,780 units x 2.4 persons per unit x 191 gallons per day per capita)
Proposed Land Use Desimation - PBG Mixed Use (‘XL))
1,263,400 gallons per day based on a maximum of:
8,000,000 square feet of Research and Development (300 bed research clinic
included)
50,000 square feet of Commercial Neighborhood
1,000 residential units (1,000 units x 2.4 persons per unit x 191 gallons per day per
capita)
Please note the demand in gallons per day for all calculations are rounded to the
next full gallon.
STORMWATER MANAGEMENT ANALYSIS:
Drainage improvements to the site are identified in the Plan of Improvements for
Unit 2/2A prepared by Northern Palm Beach County Improvement District. All of
Future Land Use Map Amendment 7 Data and Analysis
Pe f if ion CP- 04- I4 Date Prepared: January 2, 2005
the drainage improvements have been completed or are currently under
construction. The existing Unit 212A Permit has established finish floor elevations
and sub-basin storage requirements, consistent with SFWMD, NPBCID and City
code requirements, for the site.
A Drainage Statement has been completed by LBFH, Inc, Consulting Engineers,
Surveyors and Mappers and is attached as Attachment ‘G’.
The City’s Comprehensive Plan provides for the following standards:
Drainage LOS - Comprehensive Plan
Existing Development - l-day/lOO-year storm
New Development greater than 10 acres - 3-day/25-year storm
New Development less than 10 acres - 1 day/25-year storm
I
The subject property will be required to meet the development standard of a 3-
day/25-year storm event during the development review process.
SOLID WASTE ANALYSIS:
Solid waste services are provided by the Solid Waste Authority. A copy of a letter
indicating its ability to service this site is attached. See Attachment ‘H’.
The City’s Comprehensive Plan provides for the following standards:
Solid Waste - Residential LOS (7.13 lbs. per day per capita)
Non-residential LOS (5.5 lbs. per day per square foot)
Existinn Land Use Desinnation - PBG Commercial (C) and Residential Low (RL)
14,944 pounds per day based on a maximum square footage of 991,752
(991,752 square feet / 365 days X 5.5 Ibs.)
47,571 pounds per day for 2,780 units
(2,780 units x 2.4 persons per unit x 7.13 lbs. per day per capita)
Proposed Land Use Desimation - PBG Mixed Use (MXD)
138,413 pounds per day based on a maximum of
8,000,000 square feet of Research and Development (300 bed research clinic
included)
50,000 square feet of Commercial Neighborhood
1,000 residential units (1,000 units x 2.4 persons per unit x 7.13 lbs. per day per
capita)
Please note the demand is rounded to the next full pound.
Future Land Use Map Amendment
Petition CP-04-14
8 Data and Analysis
Date Prepared: January 2, 2005
RECREATION AND OPEN SPACE ANALYSIS:
The Citv’s Comprehensive Plan provides for the following standards:
Recreation and Open Space LOS - 3.7 acres per 1,000 residents
Existing Land Use Designation - PBC Commercial (C) and Residential Low (RL)
24.68 acres needed to meet the City’s LOS of 3.7 acres per 1,000 residents for the
estimated 2.4 persons per unit per 2,780 dwelling units.
Proposed Future Land Use Desknation - PBG Mixed Use (MXD)
8.88 acres needed to meet the City’s LOS of 3.7 acres per 1,000 residents for the
estimated 2.4 persons per unit per 1,000 dwelling units
The urban level of service standard is 3.7 acres of improved neighborhood and
community parks per 1,000 residents.
No amendments to the Recreation and Open Space element are required to support
the proposed amendment. The proposed land use amendment decreases the
demand by 15.80 acres of improved neighborhood and community parks.
6. Analysis of the character of any vacant lands in order to determine suitability for use,
including:
Soils:
Soil information is noted on the attached Soil Map as Attachment ‘1’.
TopomaDhy, including flood prone areas:
The site is located with Northern Palm Beach County Improvement District
(NPBCID) sub-unit 2A. A topography Map of the site is attached as Attachment ‘J’.
The site is not located within a Special Flood Hazard Area (SFHA) and has a flood
zone designation of “Zone B.” The flood zone designation indicates that the area is
outside the 100-year floodplain, areas of 100-year sheet flow flooding where average
depths are less than 1 foot, areas of 100-year stream flooding where the contributing
drainage area is less than 1 square mile, or areas protected from the 100-year flood
by levees. No Base Flood Elevations (BFEs) or depths are shown within this zone on
the Flood Insurance Rate Maps (FIRMS).
Natural Resources
An Environmental Assessment has been prepared indicating the existing character of
the land and has been attached as Attachment ‘K’
Historic Resources
There are no known historic resources on the subject property.
Preliminary analyses of the subject site indicate it is suitable for development.
Future Land Use Map Amendment
Petition CP-04-14
9 Data and Analysis
Date Prepared: January 2, 2005
7. Analysis of the relationship of the amendment to the population projections:
Population projections (indicate year)
Relationship of amendment to the analysis (included in the plan-9J-5.006(2)(~)) of the
amount of land needed to accommodate the projected population
Revised population projections (if applicable)
Relationship of amendment to the analysis (included in the plan-9J-5.006(2)(~)) of the
amount of land needed to accommodate the projected population
The projected population for the year 2015 is 63,273 residents, which will require
26,363 dwelling units to accommodate the population. The proposed amendment from
Commercial (C) and Residential Low (RL) land-use designation to a limited Mixed-
Use (MXD) land-use designation removes 1,780 dwelling units from the current
development potential of the City, which is 6% of the projected housing need in 2015.
In calculating the existing, proposed and future development potential of the City, it is
estimated that approximately 27,622 dwelling units will be developed within the City
limits, e thereby providing adequate capacity for the projected populations. The
proposed amendment does not negatively affect the amount of land needed to
accommodate the projected population.
Revised population projections (if applicable)
Not applicable.
8. Whether the development (if it provides housing) is proposed to meet the housing needs of
the anticipated populations.
The development is not needed to meet the housing needs of the anticipated
populations.
A large portion of the City is currently designated Residential and the current land-
use amendment has been initiated to diversify the City’s Future Land Use Map in
order to provide opportunities for economic development.
List of housing developments within City limits:
Future Land Use Map Amendment 10 Data and Analysis
Pel ition CP-04-14 Date Prepared: January 2, ,2005
Future Land Use Map Amendment 11 Data and Analysis
Petition CP-04-14 Date Prepared: January 2, 2005
I
9.
10.
11.
12.
Hurricane evacuation re-analysis based on the proposed amendment, considering the
number of persons requiring evacuation, availability of hurricane shelter spaces, and
evacuation routes and times.
The area shelter locations other than those that may be provided on-site in the new
schools are:
William Dwyer High School
13601 N. Military Trail
Palm Beach Gardens, Florida
Watson B. Duncan Middle School
5150 117'h Court North
Palm Beach Gardens, Florida
Benjamin High School
4875 Grandiflora Road
Palm Beach Gardens, FL 33418
Whether the proposed amendment affects b
No.
ach :essibility.
Whether the site contains habitat for species listed by federal, state or local agencies as
endangered, threatened or species of special concern. (Identify the species and show the
habitat location on a map.)
To date, the preliminary listed species surveys associated with the Briger Tract that
have been conducted by Environmental Services Incorporated and Biological
Research Associates have identified the occurrence of only one (1) resident listed
animal, the gopher tortoise (Gopherus polyphemus), which is considered a Species of
Special Concern by the FFWCC, and is not listed by the USFWS. This species
currently is being reviewed by the FFWCC for elevation to Threatened status, but
any potential action is not anticipated prior to project permitting. The vast majority
of the property has only marginal habitat for the tortoise and only remnant
individuals are expected to be located by specific field surveys. Although no
individuals have been observed, a few active burrows and recent evidence (scat)
have been encountered. Several Wood Storks (Myctevia anzevicana; endangered)
were observed foraging opportunistically in a nearly dry wetland in the southeast
quadrant in November 2004. Other potential species, along with their preferred
habitat, sampling method, probability of occurrence, and state/federal legal status,
are indexed in the Environmental Description attached as Attachment K. No
significant listed plant species have been identified on-site, and highly consequential
protected plant or wildlife issues for site development are not expected.
Whether the proposed amendment affects adjacent local governments.
Future Land Use Map Amendment 12 Data and Analysis
Petilion CP-04-14 Date Prepared: January 2, 2005
13.
14.
15.
16.
On January 10,2005, the Palm Beach County Intergovernmental Plan Amendment
Review Committee (IPARC), the Town of Jupiter and the Palm Beach County
School Board were notified of the proposed amendment. Staff has not received any
comments to date.
The close proximity to the existing Abacoa Mixed Use DRI provides the potential
for significant interaction between Abacoa and the proposed uses of the subject site.
Abacoa includes a Town Center with housing, retail, and office, allocated research
and development districts, a campus for Florida Atlantic University, a wide variety
of built and planned housing, a possible future Tri-Rail facility, recreational
facilities, and Roger Dean Stadium.
Whether the amendment is based on the annual monitoring and evaluation review of the
Capital Improvements Element.
The amendment is not based on an evaluation review of the Capital Improvements
Element.
Capital Improvements re-analysis, if the amendment relates to the schedule of capital
improvements, including:
o Public facility needs, as identified in the other plan elements, and relative priority of
needs
0 Ability to finance the proposed capital improvements, including forecasting of
revenues and expenditures, and projections of debt service obligations, tax bases,
assessment ratio, mileage rate, other revenue sources, operating cost considerations,
and debt capacity.
The Capital Improvements Element (CIE) text amendment is primarily to revise
and update the 5-year Capital Improvements Program to be consistent with the
current CIP and City budget. The amendments also include minor changes to
accommodate the ’ Briger Tract Comprehensive Plan Future Land Use Map
amendment.
If the proposal is for commercial, industrial or mixed-use land use, a market study
demonstrating the economic feasibility of the development and the locational advantage
over existing non-residential lands is required consistent with Policy 1 A.6.2. (NOTE: See
Policy 1.1.6.4. also.)
A market study has been prepared and is attached as Attachment ‘L.’
Information regarding the compatibility of the proposed land use amendment with the future
land use element goals, objectives and policies, and those of other affected elements.
(NOTE: This should include a list of all goals, objectives and policies which are consistent
with and firthered by this proposed amendment.)
The proposed Future Land Use Map amendment is consistent with the overall
intent of the Goals, Objectives, and Policies within the City’s adopted
Future Land Use MQ~ Amendment 13 Data and Analysis
Petition CP- 04- 14 Dale Prepared: Janunry 2, 2005
Comprehensive Plan. An example of some of the goals, objectives and policies,
which are consistent with and furthered by the proposed amendment, are listed
below.
I Economic Development Element:
GOAL 13.1.: THE ECONOMIC GOAL OF THE CITY OF PALM BEACH GARDENS
IS TO ACHIEVE A BALANCED AND DIVERSIFIED ECONOMY WHICH IS
COMPATIBLE WITH THE CITY'S QUALITY BUILT ENVIRONMENT AND
PROTECTS IMPORTANT NATURAL RESOURCES.
Staff Comment:
On January 6, 2005 the City Council adopted the Economic Development Element. The
Element signals the City's commitment to successful economic development.
The goal of the Economic Element is to achieve a balanced and diversified economy
compatible with the built environment. The proposed land-use map change will advance
this goal by allowing research and development uses on the last remaining large vacant
site east of the Urban Growth Boundary (UGB) that is available and appropriate for
these uses. Currently, the City has a high percentage of residential uses and is in need of
those land-uses recognized by the Economic Development Element that will provide
value-added employment. The proposed land-use map change will provide the
opportunity to realize the goal of economic stability by providing the ability to develop
those uses that are economic generators.
Policy 13.1.1.1.: The City shall continue to attract industries and employers in
cluster industries such as biotechnology, communications, information technology,
medical products, marine biology, aerospace research, and associated ancillary
businesses.
Staff Comment:
The proposed land-use designation will allow for uses such as Medical &
Pharmaceutical, Aerospace & Engineering, Information Technology, and Research &
Development. The availability of sites within the City that can currently accommodate
these listed uses is limited because most of the City is built-out east of the Urban Growth
Boundary (UGB). Furthermore, the existing vacant parcels that have an existing land-
use designation to accommodate these uses are extremely limited. The proposed land-use
amendment will allow for these attractor industries to be located within the City.
Policy 13.1.5.2.: The City shall accommodate balanced growth and housing needs
of the City's labor force by encouraging the availability of attainable housing to persons
earning a livelihood or choosing to reside in Palm Beach Gardens.
Staff Comment:
Future Land Use Map Amendment 14 Data and Analysis
Petition CP-04-14 Date Prepared: Januniy 2, 2005
17 11.
I l.0
The proposed land-use designation includes I, 000 residential worltforce housing units.
The housing component is a key component within the proposed land-use mix that may
provide as much opportunity for on-site worvorce housing. ‘
Future Land Use Element:
Objective 1.1.5.: Future growth, development, and redevelopment shall be directed to
areas as depicted on the Future Land Use Map, consistent with: sound planning
principles; minimal natural limitations; the goals, objectives, and policies contained
within this Comprehensive Plan; and the desired community character.
Staff Comment:
The land-use amendment is a result of the City Council’s direction to diversifjr the City’s
economic tax base by planning for a more sustainable economic climate. A more
diversijied and sustainable economy is part of the City’s desired Community character.
In creating this economic climate, the City will be able to better maintain its existing
services and facilities, while not depending on property tax increases to provide for the
consistent delivery of quality services. The subject site is located east of the Urban
Growth Boundary (UGB) and will not require extending City services outside of the
established urban service boundary.
The subject site is located east of the Ronald Reagan Turnpike’ which is part of the
“Eastward Ho! ” urban corridor, which is generally located parallel to Interstate 95 in a
one-to-two-mile wide corridor that includes the area between the Florida East Coast
(FEC) and Seaboard Coast (CSX) rail lines. The Eastward Ho! initiative promotes
mixed use zoning categories within the urban corridor to encourage revitalization that
facilitates future growth without further compromising or degrading the environment and
the economic sustainability of the region. The proposed land-use amendment to the
subject site is consistent with the Eastward Ho! recommendations, which are based on
sound planning principles that promote economic sustaina bility.
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 fulJills the objective to expand the economic base of the City by
assuring mixed-use development on the properly designated site within the City. The
designation will allow commercial and light industrial activities marketed toward
research and development within the City’s Urban Growth Boundary (UGB), so that the
cost of extending public utilities and sewices are signijcantly reduced, thereby
stimulating economic growth.
A description of the effect on the Comprehensive Plan elements, indicating specific changes
or modifications that will be needed for internal consistency.
Future Land Use Map Amendment 15 Data and Analysis
Petition CP-04-14 Date Prepared: January 2, ZOOS
18.
19.
20.
The Capital Improvements Element (CIE) text amendment is primarily to revise
and update the 5-year Capital Improvements Program to be consistent with the
current CIP and City budget. The amendments also include minor changes to
accommodate the Briger Tract Comprehensive Plan Future Land Use Map
amendment.
..
Copies of prior development approvals, including development order conditions.
No previous development approvals exist for the subject property.
Relationship of the proposal to the Evaluation and Appraisal Report, if applicable. '
This proposal is not related to an Evaluation and Appraisal Report.
A listing entitled "Consistency of the Local Comprehensive Plan with the State
Comprehensive Plan" prepared pursuant to Rule 95-5.021(4), FAC.
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:
Housing - The public and private sectors shall increase the affordability and availability
of housing for low-income and moderate income persons, including citizens in rural
areas, while at the same time encouraging self-sufficiency of the individual and assurini
environmental and structural quality and cost-effective operations.
Staff Comment:
The project proposed for the site will include a housing component to provide housing
opportunities for those employees who will work on site. The mixed-use designation will
allow for this housing to be provided at a proximate location to the research and
development portion of the project and other non-residential uses so that the community
can operate in a more self-sustainable manner.
Land Use - In recognition of the importance of preserving the natural resources and
enhancing the quality of life of the state, development shall be directed to those areas
which have in place, or have agreements to provide, the land and water resources; fiscal
abilities, and service capacity to accommodate growth in an environmentally acceptable
manner; enhance the livability and character of urban areas through the encouragement of
an attractive mix of living, working, shopping, and recreational activities.
Staff Comment:
The proposed land-use designation is specifically designed to encourage a project with a
mixture of uses to allow for living, working, shopping and recreation activities. The
location of the site is within the urban service area of the City, and is an important infill
development for the City. The land-use amendment is therefore consistent with the State's
goal to direct growth to areas that have urban services that can accommodate growth in
a fiscally and environmentally acceptable manner, and is consistent with the State's
Future Land Use Map Amendment
Petition CP-04-14
16 Data and Analysis
Date Prepared: January 2, 2005
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 land-use amendment is consistent with the State’s public facilities goal as the
property is located within the Seacoast Utility Authority (SUA) service area, and it has
indicated that there is sufficient capacity to service the site. The provision of water and
sewer services thus will be accomplished in a timely, orderly and efficient manner as the
parcel is ultimately developed.
In addition] transportation systems, police services, fire-rescue services, and solid waste
services do not require extension outside the established Urban Growth Boundary
(UGB), but to a site completely surrounded by existing development and established
infrastructure.
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 future land-use designation is consistent with the State’s transportation
goal in that the intended project can take full advantage of the existing location of
Interstate Highway 95, the Ronald Reagan Turnpike, and other thoroughfares. As a
mixed-use project, better provisions for pedestrian access and mass transit can be
encouraged, such as pedestrian walkways and multi-modal transportation. Furthermore,
the proposed Tvi-vail station at Abacoa DRI will provide a close light rail node that can
be included within a public transit system to service the site.
The Economy - Florida shall promote an economic climate which provides economic
stability, maximizes job opportunities, and increased per capita income for its residents.
Staff Comment:
The proposed land-use amendment will provide fo+greater opportunity to create a more
sustainable economic climate for the City and for Palm Beach County in general.
Research and development use has been consistently identiJied by the Palm Beach
County Business Development Board and the City ’s Economic Development Advisory
Board as a key use for fostering long term, value-added employment. The proposed
mixed-use designation will provide the opportunity to attract desirable industry, in
addition to related venture capitalist investments, biotech industries, pharmaceutical
companies, post-secondary educational organizations, and other similar industries,
which will contribute to a healthy economy.
Future Land Use Map Amendment
Petition CP-04-14
17 Data and Analysis
Date Prepared: January 2, 2005
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Date Prepared: March 1, 2006
RESOLUTION 34,2006
A RESOLUTION OF THE CITY COUNCIL OF’THE CITY OF PALM
BEACH GARDENS, FLORIDA AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT WITH
PALM BEACH COUNTY, THE TOWN OF JUPITER, THE TOWN OF
MANGONIA PARK, THE TOWN OF LAKE PARK, AND THE CITY OF
RlVlERA BEACH CREATING A BIOSCIENCE LAND PROTECTION
ADVISORY BOARD AND PROVIDING FOR CONSIDERATION OF
LOCAL COMPREHENSIVE PLAN AMENDMENTS TO ESTABLISH
AND PROTECT BIOSCIENCE RESEARCH PROTECTION
OVERLAYS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 163.01, Florida Statutes, known as the ”Florida Interlocal
Cooperation Act of 1969,” authorizes local governments to make the most efficient use
of their powers by enabling them to cooperate with other localities on a basis of mutual
advantage and thereby to provide services and facilities that will harmonize geographic,
economic, population, and other factors influencing the needs and development of local
communities; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies, as
defined therein, to enter into interlocal agreements with each other to jointly exercise
any power, privilege, or authority which such agencies share in common and which
each might exercise separately; and
WHEREAS, the Cities and County recognize that the relocation of The Scripps
Research Institute’s (“TSRI”) operations onto Florida Atlantic University’s John D.
McArthur Campus (“FAU Jupiter Campus”) and a portion of the Briger Parcel in Palm
Beach Gardens (“Briger”) will further the vision of the Governor and the State of Florida
to create an economic development cluster to support TSRI; and
WHEREAS, the Cities and County recognize that the creation of an economic
development cluster to support TSRI will ensure a diversified economy and provide
high-wage employment within Paim Beach County, the Treasure Coast Region, and the
State; and
WHEREAS, the Palm Beach County Board of County Commissioners elected to
enter into negotiations with TSRI for the relocation of its operations to the FAU Jupiter
Campus and to Briger in reliance on the Cities’ commitment to support an economic
development cluster in support of TSRI; and
WHEREAS, to fulfill this commitment, the Cities and County have agreed to form
an Advisory Board; and
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Date Prepared: March 1,2006
Resolution 34, 2006
WHEREAS, to fulfill this commitment, the Cities have each agreed to initiate and
consider amendments to their respective Comprehensive Plans that establish a
Bioscience Research Protection Overlay (“Overlay”), and that provide a super majority
vote requirement to protect land identified in the Overlay; and
WHEREAS, the City Council deems approval of this Resolution to be in the best
interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby approves the lnterlocal Agreement with
Palm Beach County, the Town of Jupiter, the Town of Mangonia Park, the Town of
Lake Park, and the City of Riviera Beach creating a bioscience land protection advisory
board and providing for consideration of local comprehensive plan amendments to
establish and protect bioscience research protection overlays, and hereby authorizes
the Mayor and City Clerk to execute said Agreement.
SECTION 3. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: March 1, 2006
Resolution 34, 2006
PASSED AND ADOPTED this 2M day of fld , 2006.
ATTEST:
CITY OF PALM BEA
BY:
By:: Patricia Snider, CMC, City
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COU NC I LM EM B E R LEVY
COUNCILMEMBER VALECHE
COUNCILMEMBER BARNETT
-- AYE NAY ABSENT
6 \\pbgsfile~ltorney\allorney~share\RESOLUTIONS\mullt city interlocal agml -res034 2006.doc '4"
3
INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY
AND THE CITY OF PALM BEACH GARDENS, THE TOWN OF
JUPITER, THE TOWN OF MANGONIA PARK, THE TOWN OF LAKE
PARK, AND THE CITY OF RIVIERA BEACH CREATING A
BIOSCIENCE LAND PROTECTION ADVISORY BOARD AND
PROVIDING FOR CONSIDERATION OF LOCAL COMPREHENSIVE
PLAN AMENDMENTS TO ESTABLISH AND PROTECT BIOSCIENCE
RESEARCHPROTECTIONOVERLAYS
This Interlocal Agreement is made the day of , 2006,
between Palm Beach County, a political subdivision of the State of Florida ("County"),
and the City of Palm Beach Gardens, the City of Riviera Beach, the Town of Mangonia
Park, the Town of Lake Park, and the Town of Jupiter, Florida municipal corporations
("Cities"), collectively referred to as "the Parties", each one constituting a public agency
as defined in Part I of Chapter 163, Florida Statutes.
WHEREAS, Section 163.01 Florida Statutes, known as the "Florida Interlocal
Cooperation Act of 1969" authorizes local governments to make the most efficient use
of their powers by enabling them to cooperate with other localities on a basis of mutual
advantage and thereby to provide services and facilities that will harmonize geographic,
economic, population, and other factors influencing the needs and development of local
corn m u n it ies; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies, as
defined therein, to enter into interlocal agreements with each other to jointly exercise
any power, privilege, or authority which such agencies share in common and which
each might exercise separately; and
1
WHEREAS, the Cities and County recognize that the relocation of The Scripps
Research Institute’s (“TSRI”) operations onto Florida Atlantic University’s John D.
McArthur Campus (“FAU Jupiter Campus”) and a portion of the Briger Parcel in Palm
Beach Gardens (“Briger”) will further the vision of the Governor and the State of Florida
to create an economic development cluster to support TSRI; and
WHEREAS, the Cities and County recognize that the creation of an economic
development cluster to support TSRI will ensure a diversified economy and provide
high-wage employment within Palm Beach County, the Treasure Coast Region, and the
State; and
WHEREAS, the Palm Beach County Board of County Commissioners elected to
enter into negotiations with TSRI for the relocation of its operations to the FAU Jupiter
Campus and to Briger in reliance on the Cities’ commitment to support an economic
development cluster in support of TSRI; and
WHEREAS, to fulfill this commitment, the Cities and County have agreed to form
an Advisory Board; and
WHEREAS, to fulfill this commitment, the Cities have each agreed to initiate and
consider amendments to their respective Comprehensive Plans that establish a
Bioscience Research Protection Overlay (“Overlay”), and that provide a super majority
vote requirement to protect land identified in the Overlay.
NOW THEREFORE, in consideration of the mutual representations, terms, and
covenants hereinafter set forth, the parties hereby agree as follows:
SECTION 1. The foregoing recitals are true and correct and are hereby incorporated
herein by reference.
2
SECTION 2. Bioscience Land Protection Advisory Board.
A. A Bioscience Land Protection Advisory Board is hereby established. The
purpose of the Board shall be to protect those lands which each of the Cities has
identified as being subject to a bioscience research area protection overlay.
B. The Board shall consist of seven (7) members with the Governor of the
State of Florida; Palm Beach County; the Towns of Jupiter, Lake Park, and Mangonia
Park; and the Cities of Palm Beach Gardens and Riviera Beach each appointing one (1)
regular member and one (I) alternate member. Each appointment shall follow the
same formal procedure the appointing entity uses for board or commission
appointments.
C. A quorum of the Board shall be necessary for it to conduct any business
and shall consist of four (4) members present and voting. The majority vote of those
present and voting shall be required to pass a motion. Each regular member shall have
one vote. An alternate member shall sit on behalf of the appointing entity and have a
vote only when the regular member of such entity is absent.
D. Authority of Board.
The Board shall have the authority to:
I. Analyze and make recommendations regarding: (a) applications to
rezone land or amend the future land use map designation for land; and
(b) proposed amendments to the land development regulations that
directly affect bioscience research uses on property within the Overlay.
No such application to rezone, amend the future land use map, or amend
the land development regulations pertaining to said property shall be
3
,
considered unless the Board shall have conducted a public meeting on the
application and rendered a recommendation to the applicable governing
body; provided, however, in the event the Board fails to render a
recommendation within sixty (60) days after the staff of the applicable
governing body in which the land proposed for approval is located
determines that such application or request is complete for purposes of
review by the Board, the affected governing body may proceed to consider
and make a determination upon the application or request without
receiving a recommendation from the Board.
2. Plan for, and address the availability of, developed and
undeveloped land for bioscientific trainingleducation, research, and related
uses and users.
3. Assist in coordinating, integrating, and streamlining administrative
and regulatory procedures at the municipal, county, regional, and state
levels for bioscience research uses.
4. Consider andlor propose policy initiatives and legislative or
regulatory efforts to encourage and sustain the development of biomedical
research uses in the Overlay.
5.
costs and expenses incurred by the Board
applications.
Set fees and charges as determined to be necessary for direct
in reviewing development
4
SECTION 3. Comprehensive Plan Amendments.
The Parties recognize that it may be necessary for the Cities to amend their
respective Comprehensive Plans to achieve the goals of this Interlocal Agreement,
Each City agrees to direct its respective staff to initiate plan amendments, no later than
its next regular round of comprehensive plan amendments, as may be necessary to
establish and protect a Bioscience Research Protection Overlay within its jurisdiction,
These proposed amendments shall include, at a minimum, amendments to the Future
Land Use Element and the Intergovernmental Coordination Element which provide for:
A. The creation of a Bioscience Research Protection Overlay which:
1.
2.
Maps the properties subject to the Overlay.
Identifies permitted uses within the Overlay.
3.
4.
residential or commercial development
5. Contains policies providing mechanisms to coordinate planning
between local governments and ensure intergovernmental cooperation in
the development and implementation of the Overlay
A requirement for a super majority vote of the governing body to approve
conversion of land uses on property within the Bioscience Research Protection Overlay.
Identifies prohibited uses within the Overlay.
Contains policies protecting lands subject to the overlay from
B.
5
....
SECTION 4. Fin ncial Obligations.
A. Each city will provide technical support necessary to allow the Board to fully
review and make recommendations regarding projects in their respective jurisdictions
and will provide other technical and logistical support to the extent determined
appropriate by each city.
6. County will provide technical support and logistical support to the Board to the
extent determined appropriate by the County.
C. If agreed to by the Parties in writing and subject to the appropriation by each
party, the Parties may agree to fund the operation of the Board, in whole or in part,
through annual appropriations, in amounts determined by the Board and agreed to by
~ !~ -0 each Party.
SECTION 5. General Terms and Conditions.
I A. This Agreement shall continue through March 14, 2016, but may be
extended by written agreement of the parties.
B. Any party may withdraw from this Agreement upon 365 days’ written
notice to the other parties, thereby relieving the withdrawing party of all obligations and
benefits arising out of this Agreement.
C. This Agreement shall be construed by and governed by the laws of the
State of Florida. Venue shall be in circuit court for Palm Beach County, and each party
shall bear its own fees and costs.
0. The captions and section designations set forth herein are for
convenience only and shall have no substantive meaning.
6
I" I
, . ('.
E. In the event that any section, paragraph, sentence, clause, or provision of
this Agreement is held by a court of competent jurisdiction to be invalid, such shall not
affect the remaining portions of this Agreement and the same shall remain in full force
and effect.
F. This Agreement represents the entire understanding between the parties,
and supersedes all other negotiations, representations, or agreement, written or oral,
relating to this Agreement.
G. This Agreement may be modified and amended only by written instrument
executed by the parties hereto.
H. None of the parties shall be considered the author of this Agreement since
the parties have participated in extensive negotiations and drafting and redrafting of this
document to arrive at a final Agreement. Thus, the terms of this Agreement shall not be
strictly construed against one party as opposed to another party based upon who
drafted it.
1. A copy of this Agreement shall be filed with the Clerk of the Circuit Court
in and for Palm Beach County pursuant to Section 163.01 (1 I), Florida Statutes.
J.
K.
This document can be signed in counterparts.
All notices given under this Agreement shall be deemed sufficient to each
party when delivered by United States Mail, personal delivery or a nationally-recognized
overnight delivery service to the following:
7 t
If to County:
Scripps Program Manager
Palm Beach County
301 North Olive Avenue, 1 lth Floor
West Palm Beach, Florida 33401
With a copy to:
Chief Assistant County Attorney
Palm Beach County Attorney’s Office
301 North Olive Avenue, Suite 601
West Palm Beach, Florida 33401
If to Palm Beach Gardens:
City Manager
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
With a copy to:
City Attorney
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410 *
If to Jupiter:
Town Manager
Town of Jupiter
210 Military Trail
Jupiter, Florida 33458
With a copy to:
Town Attorney
Town of Jupiter
21 0 Military Trail
Jupiter, Florida 33458
8
If to Lake Park:
Town Manager
Town of Lake Park
535 Park Avenue
Lake Park, Florida 33403
With a copy to:
Town Attorney
Town of Lake Park
535 Park Avenue
Lake Park, Florida 33403
If to Mangonia Park:
Town Manager
Town of Mangonia Park
1755 E. Tiffany Drive
Mangonia Park, FI 33407
With a copy to:
Town Attorney
Town of Mangonia Park
1755 E. Tiffany Drive
Mangonia Park, FI 33407
If to Riviera Beach:
City Manager
City of Riviera Beach
600 West Blue Heron Blvd.
Riviera Beach, Florida 33404
With a copy to:
' City Attorney
City of Riviera Beach
600 West Blue Heron Blvd.
Riviera Beach, Florida 33404
9
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Any party may change the address to which notices shall be given to such party
upon three (3) days’ prior written notice to the other parties. The effective date of any
notice given hereunder shall be the date of delivery if by personal delivery or the date of
receipt if given by United States or overnight mail.
(The remainder of this page left intentionally blank)
10
IN WITNESS WHEREOF, the parties hereto have affixed their signatures on the
day and year first above written.
ATTEST:
Sharon R. Bock, Clerk &
Comptroller
By:
Deputy Clerk
(SEAL)
APPROVED AS TO FORM AND
LEGAL SUFFlClEN CY
County Attorney
ATTEST:
By: -
Pafricia Snider, CMC, City hk
I
I LEGAL SUFFICIENCY
APPROVED AS TO FORM AND
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
Tony Masilotti, Chairman
APPROVED AS TO TERMS AND
CONDITIONS
By:
Scripps Program Manager
11
(‘0 ATTEST: TOWN OF JUPITER, FLORIDA
By: By:
Town Clerk Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Town Attorney
ATTEST: TOWN OF LAKE PARK, FLORIDA
By: By:
Town Clerk Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Town Attorney
ATTEST: TOWN OF MANGONIA PARK, FLORIDA
By: By:
Town Clerk Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Town Attorney
12
4
ATTEST:
By:
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
CITY OF RlVlERA BEACH, FLORIDA
By:
City Attorney
By:
Mayor
G:\WPDATA\LANDUSE\RBANKSLcripps\SCRIPPS multi city interlocal.229.doc
13
IN WITNESS WHEREOF, the parties hereto have affixed their signatures on the
day and year first above written.
ATTEST:
By:
Patricia Snider, CMC, Cityherk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Christine P. Tatum, City Attorney
.. nterlocal Aqreement WOO6 0512 . _.^ . ... -.
- d-
Agenda Item #: 6 J.1
PUBEACH COUNTY ,Milt' L-0
G &s BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY 4 -usiz - -- -- -
Meeting Date: March 14,2008 [ J Consent [XJ Regular
Department:
[ ] Ordinance [ ] PublicHearlng
1
Submitted By: Scripps Program .
Submitted For: Scripps Program -- --- ----- - - ~-- -
J, EXECUTIVE BRIEE 4
Motion and Title: Staff recommends motlon to approve: an Interlccal Agreement with the City d
Palm Beach Gardens, Town of Jupiter, Town of Mangonia Park, Town of Lake Park, and the City of
Rivlera Beach creatlng a Bioscience Land Protection Advisory Board and providing for consideration
of local comprehensive plan amendments to establish and protect blosclence research pmlection
overlays.
Summery: The interlocal Agreement provides for the formation of an Advisory Board consisting of
seven members including; one appointment each from the participatlrtg munlclpalilies, one
representathrl, from the Gmrnofs OMce; and one representative from Palm Beach County. The
purpose of the Advlsory Board is to make recommendations regarding amendments to comprehenslve
plat) use maps and rezoning and land development regulations that directly effect MOsclenCe mSearCh
lises on properlles withln the munlclpal overlays. The vnunklpalltles wlll be requlred to lnltiate
comprehensive plan amendments creating Blosclence Research Protectlon Overlap in their
comprehenstve plans to Identify lands yilhln the Overlay and protect such lands from commercial or
resldential development. These Amendments provlde for a super majority vote of the governing body
lo approve converslon of land uses within the municipal overlays.
The Board of County Commissioners selected the North County proposal on February 14,2006, and
voted to enter into negotiations with The Scripps Research Institute for the relocatlon of its lacillties to
the FAU Jupiter Campos and Briger site. In order to fulflil the econwnk cluster envisioned by th9
Governor and State, the County and participatlng municipalities have agreed to form this Advisory
Board. C-1 (BE)
Background and Policy isaws: On December 13,2005, the Board of Cornmissioners directed staff
to provide land Inventory information assembled by the County, the Town of Jupiter and the City of
Palm Beach Gardens to the Governor for his review as a possible site for the Scripps Rorida permanent
facilities. On February 14,2006. the Board reviewed proposals from South County, North County and
\he Rorida Research Park and approved the North County proposal.
Attachments:
1. lnlerlocal Agreement
I-
_____ ---______
Recommended by: I 3- 13- ZV&
Date
3 .(j-’d€
Date
Approved By:
County Admlnlshator ~
21 4s
I
i.
i
?:
06-2 Text Amendment Staff Report 16 Biotechnology Research Protection Overlay
FISCAL IMP
.. . _. .... ._ . . . . .. ... ._ . .. .. .- - - . . ,
CT ANALYSE
A Flve Year Summary of Flscal Impact: ..
fiscal Yean 2006 2007 2008 2009
- Capital Expendllures ----
Operating Costs ----
External Revenues ---- Program Income (County) - 3.
IrkKlnd Match (County)
NET FISCAL ~&ACT ----
# ADDITIONAL FIE
POSmoN!3 (Cumulative) __ - ..
*-
Is item included in Current Budget? Yes- No -
Budget Account No.: Fund- Agency- Org, - 0b)ecL
Reporting Category-
B. Recommended Sources of Funds/Summary of Flscal Impact:
..
.C. Deparlmeptal Flscal Revlew:
+
Ill. REVIEW COMMENTS
k OFMB Flscal andor Contract Dev. and Control Comments:
C. Other Department Review:
Department Direclor
REVISED 9/95
ADM FORM 01
(MIS SUMMARY IS NOT TO BE USED AS A BASIS FOR PAYMENT.)
2346
.. .
06-2 Text Amendment Staff Report ' 17 Biotechnology Research Protection Overlay
INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY
AND THE CITY OF PALM BEACH GARDENS, THE TOWN OF
JUPITER, THE TOWN <OF MANGONIA PARK, THE TOWN OF LAKE
PARK, AND THE CIN OF RlVlERA BEACH CREATING A
BIOSCIENCE bND PROTECTION ADVISORY BOARD AND
PROVIDING FOR CONSIDERATION OF LOCAL COMPREHENSIVE
PLAN AMENDMENTS TO ESTABLISH AND PROTECT BIOSCIENCE
RESEARCH PROTECTION OVERLAYS
This Interlocal Agreement is made the day of MAR I4 m~ - , 2006,
between Palm Beach County, a political subdivision of the State of Florida (“County”),
and the City of Palm Beach Gardens, the City of Riviera %each, the Town of Mangonia
Park, the Town of Lake Park, and the Town of Jupiter, Florida municipal corporations
(“Cities”), collectively referred to as “the Parties”. each one constituting a public agency
as defined in Part I of Chapter 163, Florida Statutes.
WHEREAS, Section 163.01: Florida Statutes, known as the “Florida Interlocal
Cooperation Act of 1969” authorizes local governments to make the most efficient use
of their powers by enabling them to cooperate with other localities on a basis of mutual
advantage and thereby to provide services and facilities that will harmonize geographic,
economic, population, and other factors influencing the needs and development of local
communities; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies, as
defined therein, to enter into interlocal agreements with each other to jointly exercise
any power, privilege, or authority which such agencies share in common and which
each might exercise separately; and
06-2 Text Amendment Staff Report J 18 Biotechnology Research Protection Overlay
WHEREAS, the Cities and County recognize that the relocation of The Scn’pps
Research Institute’s (“TSRI”) operaiions ontb Florida Aflantic University‘s John D.
McArthur Campus (“FAG Jupiter Campus”) and a portion of the Briger Parcel in Palm
Beach Gardens (“Briger“) will further the vision of the Governor and the State of Florida
to create an economic development cluster to support TSRI; and
.;
WHEREAS, the Cities and County recognize that the creation of an economic
development cluster to support TSRI will ensure a *diversified economy and provide
high-wage employment within Palm Beach County, the Treasure Coast Region, and the
State; and
WHEREAS, the Palm Beach County Boar,d of County Commissioners elected to
enter into negotiations with TSRl for the relpcation of its operations to the FAU Jupiter
Campus and to Briger in reliance‘on the Cities’ commitment to support an economic
development cluster in support of TSRI; and
WHEREAS, to fulfill this commitmknt, the Cities and County have agreed to form
an Advisory Board; and
WHEREAS, to fulfill this commitment, the Cities have each agreed ta initiate and
consider amendments to their respective Comprehensive Plans that establish a
Bioscience Research Protection Overlay (“Overlay”), and that provide a super majority
vote requirement to protect land identified in the Overlay.
NOW THEREFORE, in consideration of the mutual representations, terms, and
covenants hereinafter set forth, the parties hereby agree as follows:
SECTION 1. The foregoing recitals are true and correct and are hereby incorporated
herein by reference.
?:
06-2 Text Amendment Staff Report ‘ 19 Biotechnology Research Protection Overlay
SECTION 2. Bioscience Land Protection Advisory Board.
A. A Bioscience Land Protection Advisory Board is hereby established. The
purpose of the Board &all beq to protect those lands which each of the Cities has
identified as being subject to a bioskience research area protection overlay.
B. The Board shall consist of seven (7) members with the Governor of the
State of Florida: Palm Beach County; the Towns of Jupiter, Lake Park, and Mangonia
Park; and the Cities of Palm Beach Gardens and Riviera Beach each appointing one (I)
regular member and one (1) alternate member. Each appointment shall follow the
same formal procedure the appointing entity uses for board or commission
appointments.
C. A quorum of the Board shall be necessary for it to conduct any business
and shall consist of four (4) memBers present and voting. The majority vote of those
present and voting shall be required to pass a motion. EacA regular member shall have
one vote. An alternate member shall sit on behalf of the appointing entity and have a
vote only when the regular member of such entity is absent.
D. Authority of Board.
The Board shall have the authority to:
1. Analyze and make recommendations regarding: (a) applications to
rezone land or amend the future land use map designation for land; and
(b) proposed amendments to the land development regulations that
1
I
directly affect bioscience research uses on property within the Overlay.
No such application to rezone, amend the future land use map, or amend
the land development regulations pertaining to said property shall be t
06-2 Text Amendment Staff Report 20 Biotechnology Research Protection Overlay
.. .
considered unless the Board shall have conducted a public meeting on the
application and rendered a recommendation to the applicable governing
body; provided, however, in the event the Board fails to render a
recommendation within Sixty (60) days after the staff of the applicable
1
governing body in which the land proposed for apprbval is located
determines that such application or request is complete for purposes of
review by the Board, the affected governing body may proceed to consider
and make a determination upon the application or request without
receiving a recommendation from the Board.
2. Plan for, and address the availability of, developed and
undeveloped land for bioscientTc training/education, research, and related
uses and users. '
3. Assist in coordinating, integrating. and streamlining administrative
and regulatory procedures at the municipal, county, regional, and state
levels for bioscience research uses.
4. Consider and/or propose policy initiatives and legislative or
regulatory efforts to encourage and sustain the development of biomedical
research uses in the Overlay.
5. Set fees and charges as determined to be necessary for direct
costs and expenses incurred by the Board in reviewing development
applications.
i
06-2 Text Amendment Staff Report ' 21 Biotechnology Research Protection Overlay
i‘. .
1 SECTION 3. Comprehensive Plan Amendments.
The Parties recognize that it may be necessary for the Cities to amend their
respective Comprehensive Plans to achieve the goals of this Interlocal Agreement.
Each City agrees to direct its respective staff to initiate plan amendments, no later than
its next regular round of comprehensive plan amendments, as may be necessary to
establish and protect a Bioscience Research Protection Overlay within its jurisdiction.
These proposed amendments shall include, at a minimum, amendments to the Future
Land Use Element and the lntergovemrnehtal Coordination Element which provide for:
A. The creation of a Bioscience Research Protection Overlay which:
1. Maps the properties subject to the Overlay.
2.
3.
4.
residential or commercial development
Identifies permitted uses within the Overlay.
Identifies prohibited uses within the Overlay.
Contains policies protecting lands subject to the overlay from
5. Contains policies providing mechanisms to coordinate planning
between local governments and ensure intergovernmental cooperation in
the development and implementation of the Overlay
A requirement for a super majority vote of the governing body to approve
conversion of land uses on property within the Bioscience Research Protection Overlay.
B.
. .._..._ 1 . ~ .. ..
06-2 Text Amendment Staff Report 3 22 Biotechnology Research Protection Overlay
\
SECTION 4. Financial Obligations.
A. Each city will provide technical support necessary to allow the Board to fully
review and make recommendations regarding projects in their respective jurisdictions
and Twill provide other technical and logistical support to the extent determined
appropriate by each city.
8. County will provide technical support and logistical support to the Boal‘d’to the
extent determined appropriate by the County.
C. If agreed to by the Parties in writing and subject to the appropriation by each
party. the Parties may agree to fund the operation of the Board, in whole or in part,
through annual appropriations, in amounts determined by the Board and agreed to by
each Party. $
SECTION 5. General Terms and Conditions.
A. This Agreement shall continue through March 14, 2016, but may be
extended by written agreement of the parties.
B. Any party may withdraw from this Agreement upon 365 days’ written
notice to the other parties, thereby relieving the withdrawing party of all obligations and
benefits arising out of this Agreement.
C. This Agreement shall be construed by and governed by the laws of the
State of Florida. Venue shall be in circuit court for Palm Beach County, and each party
shall bear its own fees and costs.
D. The captions and section designations set forth herein are for
convenience only and shall have no substantive meaning.
06-2 Text Amendment Staff Report i . 23 Biotechnology Research Protection Overlay
-_.
E. In the event that any section, paragraph, sentence, clause, or provision of
this Agreement is held by a court of 'competent jurisdiction to be invalid, such shall not
affect the remaining portjons of this Agreement and the same shall remain in full force
and effect.
\
F. This Agreement represents the entire understanding between the parties,
and supersedes all other negotiations, representations, or agreement, written or oral,
relating to this Agreement.
G. This Agreement may be modified and amended only by written instrument
executed by the parties hereto.
H. None of the parties shall be considered the author of this Agreement since
the parties have participated in extensive negotiations and drafting and redrafting of this
document to arrive at a final Agreement. Thus, the terms of this Agreement shall not be
strictly construed against one party as opposed to another party based upon who
drafted it.
I. A copy of this Agreement shall be filed with the Clerk of the Circuit Court
in and for Palm Beach County pursuant to Section 163.01(1 I), Florida Statutes.
J.
K.
This document can be signed in counterparts.
All notices given under this Agreement shall be deemed sufficient to each
party when delivered by United States Mail, personal delivery or a nationally-recognized
overnight delivery service to the following:
. . ... ,... ._ ......-.. ~ ...-.. ~ ,_-...._.. I -._. * ~ :-. -..
06-2 Text Amendment Staff Report I 24. Biotechnology Research Protection Overlay
\. .-
* If to county: -.
Scripps Program' Manager
Palm Beach County
301 North Olive Avenue, 11' Floor
West Palm Beach, Florida 33401
With a copy to:
Chief Assistant County Attorney
Palm Beach County Attorney's Office
301 North Olive Avenue, Suite 601
West Palm Beach, Florida 33401
<
If to Palm Beach Gardens:
City Manager.
City of Palm Beach Gardens
10500 N. Military Trail,
Palm Beach Gardens, Florida 3341'0
With A copy to:
City Attorney
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
If to Jupiter:
Town Manager
Town of Jupiter
210 Military Trail
Jupiter, Florida 33458
With a copy to:
Town Attorney
Town of Jupiter
210 Military Trail
Jupiter, Florida 33458
,-
06-2 Text Amendment Staff Report 25 Biotechnology Research Protection Overlay
If to Lake Park:
\ *. LI/
Town Manager
Town of Lqke Park
535 Park Avenue
Lake Park, Florida 33403
With a copy to:
Town Attorney
Town of Lake Park
535 Park Avenue
Lake Park, Florida 33403 '
If to Mangonia Park:
Town Manager
Town of Mangonia Park
1755 E. Tiffany Drive
Mangonia Park, FI 33407
With a copy to: I
Town Attorney
Town of Mangonia Park
1755 E. Tiffany Drive
Mangonia Park, FI 33407
I
If to Riviera Beach:
City Manager
City of Riviera Beach
600 West Blue Heron Blvd.
Riviera Beach, Florida 33404
With a copy to:
City Attorney
City of Riviera Beach
600 West Blue Heron Blvd.
Riviera Beach, Florida 33404
- .- , . . . . . , . .. . - ._ , . .. .. , - .... .. . .. - __ ., . . . . .. . . --
06-2 Text Amendment Staff Report r 26 Biotechnology Research Protection Overlay
Any party may change the address to which notices shall be given to such party
upon three (3) days' prior written notice to the other parties. The effective date of any
notice given hereunder shall be the date of delivery if by personal delivery or the date of
receipt if given by United States or overnight mail.
(The remainder of this page left intentionally blank)
J c
06-2 Text Amendment Staff Report ' ,27 Biotechnology Research Protection Overlay
IN WITNESS WHEREOF, the parties hereto have affixed their signatures on the’ .- R200&9512 ?
day and year first above written.
\ MAR I4 rn
ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY CQhIMlSSlONERS
APPROVED AS TO FORM AND APPROVED AS TO TERMS AND
LEGAL SUFFICIENCY
County Attorney
ATTEST: CITY OF PALM BEACH GARDENS,
FLORIDA
By: By: Patricia Snider, CMC, City Clerk Joseph R. Russo, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Christine P. Taturn, City Attorney
. .- . . . . . . . - .. .. . . . . . - . . . .. .
06-2 Text Amendment Staff Report 28 Biotechnology Research Protection Overlay
ATTEST: TOWN OF JUPITER, FLORID&
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
ATTEST:
By: By:
Town Clerk Mayor
APPROVED AS TO FORM AND '
LEGAL SUFFICIENCY
By:
Town Attorney
ATTEST: TOWN OF MANGONIA PARK, FLORIDA
By : By:
Town Clerk Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Town Attorney
12
06-2 Text Amendment Staff Report ' 29 Biotechnology Research Protection Overlay +,
ATTEST: TOWN OF JUPITER, FLORIDA
,,
By: By:
Town Clerk ' Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Town Attorney
ATTEST: TOWN OF LAKE PARK, FLORIDA
APPROVED AS TO FORM AND 4
LEGAL SUFFICIENCY
ATTEST: TOWN OF MANGONIA PARK, FLORIDA
By: By:
Town Clerk Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Town Attorney
12
06-2 Text Amendment Staff Report i 30 Biotechnology Research Protection Overlay
ATTEST: TOWN OF JUPITER, FLORIDA
\
By: \ By:
Town Clerk Mayor '
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Town Attorney
ATTEST: TOWN OF LAKE PARK, FLORIDA
By: By:
Town Clerk Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
'
By:
Town Attorney
' TOWN bF MANGSYA PARK, FLORIDA ATTEIjT: __--
<
06-2 Text Amendment Staff Report 31 Biotechnology Research Protection Overlay
7- I _. .- a:' c -. ,
~ (. . !_.'
CITY OF RlVlERA BEACH, FLORIDA
f------
Michael D. Brobn, Mayor
') 5 ......... '-.: .- :': ... 32IjG\:. .. .\. .........
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
G:\WPDATAUANDUSEU7&4NKS\suipps~CRIPPS mu#i city inlerlocal.229.doc
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ATTACHMENT ‘L’
1,840
1,048
I
NORTH COUNTY VACANT LAND
W/ Entitlements And Zoning Allowing Life Science Uses - @&@mA
&PAL ...
L
7
e
ORTH COUNTY VACANT LAND 1 & W/ Zoning Allowing Life Science Uses - No Entitlements
I ID Names! Building Square Footage
WI Zoning Allowing Life Science Uses - No Entitlements
OPERTIES WHIN 5 MILE CLUSTER
JUP - Schumacher Property
JUP - Fisherman's Wharf Intracoastal Property 35,000
JUP - AA Commerce (Kaye)
Sub-total 4,275,000
PROPERTIES WITHIN 10 MILE CLUSTER
H LP - Various Properties (125.6 acres) 3,070,000
;O
16. t- I
I
I
--
TY EXISTING BUILDINGS 1
, W/ Zoning Allowing Life Science Uses
h.
NORTH COUNTY EXISTING BUILDINGS ... . .._^. .. ?S
a
uGp;r
NORTH COUNTY FEATURESA'
lllrl 5 miles
I
P
'i
'- I 9'
2,534
1,650
1,248
Date Prepared: April 26, 2006
ORDINANCE 17,2006
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
MAP OF THE COMPREHENSIVE PLAN OF THE CITY OF PALM
BEACH GARDENS TO APPLY THE BIOSCIENCE RESEARCH
PROTECTION OVERLAY (BRPO) TO CERTAIN PROPERTIES WITH
AN UNDERLYING COMPREHENSIVE PLAN DESIGNATION OF MXD
PARTICULARLY DESCRIBED HEREIN, CONSISTING OF
APPROXIMATELY 591 ACRES MORE OR LESS; AND PROVIDING AN
EFFECTIVE DATE.
BEACH GARDENS, FLORIDA AMENDING THE FUTURE LAND-USE
OR I, GENERALLY LOCATED IN THE 1-95 CORRIDOR, AS MORE
WHEREAS, on February 21, 2006, the City Council of the City of Palm Beach
Gardens authorized the staff to initiate comprehensive plan amendments necessary to
effectuate the City’s economic development goals and objectives consistent with the
commitments made to locate Scripps Florida within the City ; and
WHEREAS, the City recognizes that the location of The Scripps Research
Institute’s (“TSRI”) operations onto Florida Atlantic University’s John D. McArthur
Campus (“FAU Jupiter Campus”) and a portio! of the Briger Parcel in Palm Beach
Gardens (“Briger”) will further the vision of the Governor and the State of Florida to
create an economic development cluster to support TSRI; and
WHEREAS, the City recognizes that the creation of an economic development
cluster to support TSRI will ensure a diversified economy and provide high-wage
employment within Palm Beach County, the Treasure Coast Region, and the State; and
WHEREAS, to fulfill this commitment, the City has agreed to initiate and consider
amendments to its Comprehensive Plan that establishes a Bioscience Research
Overlay Protection Area (BRPO); and
WHEREAS, on August --, 2006, the Planning, Zoning, and Appeals Board, sitting
as the duly constituted Local Planning Agency for the City, recommended approval of a
map amendment to the Future Land Use Map of the Comprehensive Plan of the City;
and
WHEREAS, the City Council finds that the subject amendment is consistent with
’’ WHEREAS, the City Council finds that the subject amendment is consistent with
the-City’s Comprehensive Plan; and
Sections 163.31 84 and 163.31 87, Florida Statutes; and
WHEREAS, the City Council acknowledges that this amendment is subject to the
provisions of Sections 163.31 84(9) and 163.31 89, Florida Statutes, and that the City
shall maintain compliance with all provisions thereof; and
Date Prepared: April 26, 2006
Ordinance 17, 2006
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WHEREAS, the City has received public input and participation through public
hearings before the Local Planning Agency and the City Council in accordance with
Section 163.31 81 , Florida Statutes; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The Future Land Use Map of the Comprehensive Plan of the City of
Palm Beach Gardens is hereby amended by applying the Bioscience Research
Protection Overlay (BRPO) on the following described properties within the City of Palm
Beach Gardens:
LEGAL DESCRIPTIONS:
GARDENS STATION
LAND DESCRIPTION: TRACT A AND TRACT B
TRACT A
BEING A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 42 SOUTH, RANGE
43 EAST PALM BEACH COUNTY, FLOFIDA; DESCRIBED AS FOLLOWS
BEGINNING AT THE NORTHEAST CORNER, OF THE PLAT OF RCA PARK, AS
RECORDED IN PLAT BOOK 83, PAGE 63 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FL0RIDA;THENCE 88’08’1 8” WEST, ALONG THE NORTH LINE
OF SAID PLAT OF RCA PARK, A DISTANCE OF 506.30 FEET;THENCE NORTH
01’50’34” EAST, A DISTANCE OF 356.19 FEET;THENCE SOUTH 88’08’18” EAST, A
DISTANCE OF 407.81 FEET TO A POINT IN THE WEST LINE OF THE F.E.C.
LINE A DISTANCE OF 369.59 FEET TO THE POINT OF BEGINNING.
RAILROAD RIGHT-OF-WAYiTHENCE SOUTH 13’36’46’’ EAST, ALONG SAID WEST
CONTAINING 162,799 SQUARE FEET (3.734 ACRES MORE OR LESS).
TRACT B
BEING A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 42 SOUTH, RANGE
43 EAST AND SECTION 1 OF TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM
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Date Prepared: April 26, 2006
Ordinance 17, 2006
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BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE PLAT OF RCA
PARK, AS RECORDED IN PLAT BOOK 83, PAGE 63 THROUGH PAGE 64 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE 88OO8’18W,
ALONG THE NORTH LINE OF SAID PLAT OF RCA PARK, A DISTANCE OF 586.30
FEET TO THE POINT OF BEGINNING; THENCE ALONG THE SAID NORTH LINE OF
THE PLAT OF RCA PARK THE FOLLOWING TWO (2) COURSES AND DISTANCES:
1. N 88O08’18” W A DISTANCE OF 308.47 FEET 2. N 88O10’56” W A DISTANCE OF
217.18 FEET TO A POINT IN THE EAST LINE OF RCA BOULEVARD; THENCE N
10°13’44” W, ALONG SAllD EAST LINE A DISTANCE OF 194.30 FEET; THENCE S
88O08’18” E A DISTANCE OF 178.00 FEET THENCE N OO50’34” E A DISTANCE OF
166.36 FEET; THENCE S 88O08’18” E A DISTANCE OF 388.29 FEET; THENCE S
0°50’34” W A DISTANCE OF 356.19’ TO THE POINT OF BEGINNING.
CONTAINING 168257.225 SQUARE FEET OR 3.86 ACRES MORE OR LESS.
MEDIPLEX MEDICAL MALL - GARDENS CORPORATE CENTER
PHASE II OF THE MEDICAL MALL:
DESCRIPTION OF THE PROPERTY SEARCHED (INCLUDING UNDERLYING
DESCRIPTION OF THE PROPERTY, IF ANY):
A PARCEL OF LAND SITUATE IN SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43
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 QUARTER SECTION CORNER LOCATED IN THE WEST
LINE OF SAID SECTION 6, THENCE SOUTH 88’45’05” EAST ALONG THE SOUTH
LINE OF THE NORTHWEST QUARTER OF SAID SECTION 6, A DISTANCE OF
608.29 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED
PARCEL.
THENCE SOUTH 14’05’09” EAST, DISTANCE OF 21.44 FEET; THENCE SOUTH
68’49’03’’ EAST, A DISTANCE OF 367.44 FEET; THENCE NORTH 75’66’43” EAST, A
DISTANCE OF 40.36 FEET THENCE NORTH 14’03’17” WEST, A DISTANCE OF
285.75 FEET; THENCE NORTH 69’28’32” WEST A DISTANCE OF 11 5.36 FEET;
THENCE NORTH 14’03’1 7” WEST; A DISTANCE OF 240.76 FEET; THENCE NORTH
28’56’3’’ EAST, A DISTANCE OF 142.61 FEET; THENCE NORTH 81’03’17” WEST, A
DISTANCE OF 82.57 FEET TO A CURVE HAVING A RADIAL BEARING OF SOUTH
28’58’43” WEST, A RADIUS OF 501.87 FEET AND A CENTRAL ANGLE OF
41’00’40”; THENCE PROCEED WESTERLY ALONG THE ARC OF SAID CURVE, A
DISTANCE OF 359.23 FEET TO A POINT ON A CURVE CONCAVE TO THE WEST
HAVING A CHORD BEARING OF SOUTH 16’34’01” EAST, A RADIUS OF 17364.23
FEET, AND A CENTRAL ANGLE OF 0’40’35”; THENCE SOUTHERLY ALONG THE
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Date Prepared: April 26, 2006
Ordinance 17, 2006
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ARC OF SAID CURVE, A DISTANCE OF 204.97 FEET TO THE ARC OF SAID
CURVE: THENCE SOUTH 1 0”10’17” EAST, A DISTANCE OF 247.24 FEET, THENCE
NORTH 72”01’04” EAST, A DISTANCE OF 50.23 FEET; THENCE SOUTH 14”06’09”
EAST, A DISTANCE OF 205.68 FEET TO THE POINT OF BEGINNING OF THE
HEREIN DESCRIBED PARCEL.
CONTAINING IN ALL, 6.60 ACRES, MORE OR LESS.
NORTHCORP PCD
THE PLAT OF RCA PARK, A REPLAT OF RCA BOULEVARD CENTER PLAT, AS
RECORDED IN PLAT BOOK 83, PAGES 63 AND 64, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, CONSISTING OF 6.17 ACRES, MORE OR LESS;
TOGETHER WITH:
THE PLAT OF SOUTH PARK CENTER, AS RECORDED IN PLAT BOOK 67, PAGES
87 AND 88, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
CONSISTING OF 49.40 ACRES, MORE OR LESS;
TOGETHER WITH:
THE PLAT OF NORTHCORP CENTER, AS RECORDED IN PLAT BOOK 67, PAGES
93 AND 94, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
CONSISTING OF 29.48 ACRES, MORE OR LESS;
TOGETHER WITH:
THE PLAT OF WEST PARK CENTER, AS RECORDED IN PLAT BOOK 67, PAGES
91 AND 92, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
CONSISTING OF 17.64 ACRES, MORE OR LESS.
CONTAINING IN ALL, 102.69 ACRES, MORE OR LESS
PARCEL 5A
ALL THAT PORTION OF SECTION 1, 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
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Date Prepared: April 26, 2006
Ordinance 17, 2006
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LINE OF PGA
OF-WAY LINE OF THE FLORIDA EAST COAST RAILROAD.
BOULEVARD; AND LYING WESTERLY OF THE WESTERLY RIGHT-
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
OFFICIAL RECORD BOOK 17322, PAGE 1841, AND OFFICIAL RECORDS BOOK
18372, PAGE 1906, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
CITY OF PALM BEACH GARDENS BY THE RIGHT-OF-WAY DEED RECORDED IN
CONTAINING 84.21 ACRES, MORE OR LESS.
PARCEL 5B
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 26.13 ACRES, MORE OR LESS
PARCEL 31.04
PARCELS 31.04 AND 31.05
A PARCEL OF LAND SITUATED IN SECTIONS 35 AND 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: BEGINNING AT THE INTERSECTION OF THE
RECORD BOOK 5805, PAGE 181 OF THE PUBLIC RECORDS OF PALM BEACH
BOULEVARD AS SHOWN ON ROAD PLAT BOOK 6, PAGE 88 AND DESCRIBED IN
OFFICIAL RECORD BOOK 5104, PAGE 945 AND OFFICIAL RECORD BOOK 5805,
PAGE 181 OF THE SAID PUBLIC RECORDS; THENCE NORTH 40'53'44" EAST,
DISTANCE OF 1,105.83 FEET; THENCE NORTH 46'22'41" WEST, CONTINUING
NORTHEAST RIGHT-OF-WAY OF INTERSTATE 1-95 AS DESCRIBED IN OFFICIAL
COUNTY, FLORIDA AND THE SOUTHEAST RIGHT-OF-WAY OF CENTRAL
ALONG SAID SOUTHEAST RIGHT-OF-WAY OF CENTRAL BOULEVARD, A
ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 39.99 FEET; THENCE NORTH
43'37'28" EAST, CONTINUING ALONG SAID RIGHT-OF-WAY, A DISTANCE OF-
24.53 FEET TO A CURVE HAVING A RADIAL BEARING OF NORTH 46'22'32"
WEST, A RADIUS OF 1,969.86 FEET, AND A CENTRAL ANGLE OF 15'38'58:';
THENCE PROCEED NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND
RIGHT-OF-WAY LINE, A DISTANCE OF 538.03 FEET; THENCE DEPARTING SAID
RIGHT-OF-WAY LINE SOUTH 66'38'32" EAST, A DISTANCE OF 31 6.95 FEET TO A
POINT ON A CURVE CONCAVE TO THE NORTH. HAVING A RADIUS OF 1149.42
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Date Prepared: April 26, 2006
Ordinance 17, 2006
FEET, A RADIAL BEARING OF NORTH 24'34'53" EAST AND A CENTRAL ANGLE
OF 09'27'21"; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A
DISTANCE OF 189.70 FEET; THENCE SOUTH 16'20'57" WEST, A DISTANCE OF
957.79 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST
HAVING A RADIUS OF 1146.00 FEET AND A CENTRAL ANGLE OF 28'21'19";
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 567.15
FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE
WEST, HAVING A RADIUS OF 3100.00 FEET AND A CENTRAL ANGLE OF
13'25'31"; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE
OF 726.38 FEET; THENCE SOUTH 01 "25'08" WEST, A DISTANCE OF 341.92 FEET;
THENCE NORTH 88'34'52" WEST, A DISTANCE OF 456.20 FEET TO A POINT ON
OFFICIAL RECORD BOOK 5805, PAGE 181; THENCE NORTH 30'31'49" WEST,
HAVING A RADIAL BEARING OF NORTH 59'28'1 1" EAST, A RADIUS OF 24424.13
FEET, AND A CENTRAL ANGLE OF 2'17'55"; THENCE PROCEED NORTHERLY
DISTANCE OF 979.82 FEET TO THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL.
THE NORTHEAST RIGHT-OF-WAY OF SAID INTERSTATE 1-95 AS DESCRIBED IN
ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 641.05 FEET TO A CURVE
AND WESTERLY ALONG THE ARC OF SAID CURVE AND RIGHT-OF-WAY LINE, A
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CONTAINING 2,203,436.10 OR 50.58 ACRES, MORE OR LESS.
PARCEL 31.06 I 31.07
PARCEL 31.06:
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:
BEGINNING AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF
CENTRAL BOULEVARD AS SHOWN ON ROAD,PLAT BOOK 6, PAGE 88, AND AS
DESCRIBED IN OFFICIAL RECORDS BOOK 5104, PAGE 945 OF THE PUBLIC
WAY LINE OF HOOD ROAD AS DESCRIBED IN DEED BOOK 1083, PAGE 141 OF
SAID PUBLIC RECORDS; THENCE SOUTH 00'47'15" WEST, ALONG SAID WEST
TO A CURVE HAVING A RADIAL BEARING OF NORTH 89'12'45" WEST, A RADIUS
OF 1,849.86 FEET, AND A CENTRAL ANGLE OF 30'21'50"; THENCE PROCEED
A DISTANCE OF 980.33 FEET TO A POINT OF CUSP WITH A CURVE HAVING A
RADIAL BEARING OF SOUTH 39'08'41" WEST, A RADIUS OF 1,669.35 FEET, AND
LINE, PROCEED NORTHERLY AND WESTERLY ALONG THE ARC OF SAID
CURVE, A DISTANCE OF 784.30 FEET TO THE END OF SAID CURVE AND THE
WEST LINE OF SAID SECTION 36; THENCE NORTH 00'48'04" EAST, ALONG SAID
RECORDS OF PALM BEACH COUNTY, FLORIDA, WITH THE SOUTH RIGHT-OF-
RIGHT-OF-WAY LINE OF CENTRAL BOULEVARD, A DISTANCE OF 219.76 FEET
SOUTHERLY ALONG THE ARC OF SAID CURVE AND WEST RIGHT-OF-WAY LINE,
A CENTRAL ANGLE OF 26'55'08"; THENCE DEPARTING SAID RIGHT-OF-WAY
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Date Prepared: April 26, 2006
Ordinance 17, 2006
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WEST LINE, A DISTANCE OF 845.73 FEET TO THE SOUTH RIGHT-OF-WAY LINE
OF HOOD ROAD; THENCE SOUTH 88'08'02" EAST, ALONG SAID SOUTH RIGHT-
OF-WAY LINE, A DISTANCE OF 958.59 FEET TO THE POINT OF BEGINNING OF
THE HEREIN DESCRIBED PARCEL.
LESS AND EXCEPT FROM SAID PARCEL 31.06 A PORTION OF LAND SITUATED
IN SECTION 36, TOWNSHIP 41 SOUTH, RANGE 42 EAST, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF HOOD
ROAD AS RECORDED IN OFFICIAL RECORDS BOOK 1083, PAGE 141, AND THE
OFFICIAL RECORDS BOOK 5104, PAGE 945, IN THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; THENCE SOUTH 00' 47'15" WEST, ALONG THE
WEST RIGHT-OF-WAY LINE OF CENTRAL BOULEVARD, AS RECORDED IN
WEST RIGHT-OF-WAY LINE OF SAID CENTRAL BOULEVARD, A DISTANCE OF
60.91 FEET; THENCE NORTH 43'40'21" WEST, DEPARTING SAID WEST RIGHT-
OF-WAY LINE, A DISTANCE OF 81.96 FEET; THENCE NORTH 88'08'02" WEST, A
3.50 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF THE
DISTANCE OF 313.03 FEET; THENCE NORTH 01'52'03" EAST, A DISTANCE OF
AFOREMENTIONED HOOD ROAD; THENCE SOUTH 88'08'02" EAST, ALONG SAID
BEGINNING.
SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 370.38 FEET TO THE POINT OF
PARCEL 31.07:
A PARCEL OF LAND SITUATE IN SECTIONS 35 AND 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:
BEGINNING AT THE QUARTER SECTION CORNER LOCATED IN THE EAST LINE
OF SAID SECTION 35; THENCE NORTH 00'48'04" EAST, ALONG THE EAST LINE
OF SAID SECTION 35, A DISTANCE OF 431.06 FEET TO A CURVE HAVING A
RADIAL BEARING OF SOUTH 12'13'33" WEST, A RADIUS OF 1,669.35 FEET, AND
A CENTRAL ANGLE OF 26'55'08". THENCE PROCEED EASTERLY AND
SOUTHERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 784.30 FEET
CUSP WITH A CURVE HAVING A RADIAL BEARING OF NORTH 58'50'55" WEST, A
RADIUS OF 1,849.86 FEET, AND A CENTRAL ANGLE OF 12'28'23"; THENCE
PROCEED SOUTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE AND
TO THE WEST RIGHT-OF-WAY LINE OF CENTRAL BOULEVARD AND A POINT OF
WEST RIGHT-OF-WAY LINE, A DISTANCE OF 402.71 FEET TO THE END OF SAID
CURVE; THENCE SOUTH 43"39'27" WEST, ALONG SAID RIGHT-OF-WAY LINE, A
DISTANCE OF 24.54 FEET; THENCE SOUTH 45'06'35" WEST, ALONG SAID
RIGHT-OF-WAY LINE, A DISTANCE OF 385.1 3 FEET; THENCE SOUTH 50"04'51"
WEST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 266.82 FEET;
THENCE SOUTH 43'37'28" WEST, ALONG SAID RIGHT-OF-WAY LINE, A
DISTANCE OF 370.97 FEET TO THE EAST RIGHT-OF-WAY LINE OF INTERSTATE
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Date Prepared: April 26, 2006
Ordinance 17, 2006
1-95; THENCE NORTH 28'00'06'' WEST, ALONG SAID EAST RIGHT-OF-WAY LINE,
A DISTANCE OF 1,114.15 FEET TO THE EAST-WEST QUARTER SECTION LINE IN
SAID SECTION 35; THENCE SOUTH 87'56'04" EAST, ALONG SAID QUARTER
SECTION LINE, A DISTANCE OF 81 1.69 FEET TO THE POINT OF BEGINNING OF
THE HEREIN DESCRIBED PARCEL.
SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH GARDENS, PALM
BEACH COUNTY, FLORIDA.
CONTAINING IN ALL 41.78 ACRES, MORE OR LESS.
PGA NATIONAL COMMERCE PARK
ALL OF THE PLAT OF THE P.G.A. NATIONAL COMMERCE PARK, RECORDED IN
PLAT BOOK55, PAGE160, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORl DA .
'
CONTAINING IN ALL 1,457,256 SQUARE FEET OR 8.52 ACRES, MORE OR LESS
THE POINTE
THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM
TRAIL AS RECORDED IN DEED BOOK 815, PAGE 581, AND OFFICIAL RECORD
BOOK 2439, PAGE 985, PUBLIC RECORD OF PALM BEACH COUNTY, FLORIDA.
BEACH COUNTY, FLORIDA. SUBJECT TO THE RIGHT-OF-WAY OF MILITARY
LESS THE FOLLOWING:
COMMENCE AT THE NORTHEAST CORNER OF TRACT "B" OF GARDEN LAKES
AND GARDEN SQUARE SHOPS PER PLAT RECORDED IN PLAT BOOK 34,
PAGES 139 THRU 145; THENCE NORTH 00 DEGREES 59' 20" EAST 9.00 FEET;
THENCE NORTH 01 DEGREES 43' 57" EAST 733.64 FEET TO THE POINT OF
BEGINNING; THENCE NORTH 01 DEGREES 43' 24" EAST 633.61 FEET; THENCE
NORTH 88 DEGREES 16' 36" WEST 81.42 FEET; THENCE SOUTH 01 DEGREES
43' 24" WEST 71.37 FEET; THENCE SOUTH 05 DEGREES 32' 14" WEST 180.40
FEET; THENCE SOUTH 01 DEGREES 43' 24" WEST 303.13 FEET TO THE
BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF
136.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 35 DEGREES 49' 24" A DISTANCE OF 85.03 FEET TO THE
END OF SAID CURVE; THENCE SOUTH 88 DEGREES 30' 43" EAST 119.04 FEET
TO THE POINT OF BEGINNING.
LESS THE FOLLOWING:
8
Date Prepared: April 26, 2006
Ordinance 17. 2006
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COMMENCE AT THE NORTHEAST CORNER OF TRACT "B" OF GARDEN LAKES
AND GARDEN SQUARE SHOPS PER PLAT RECORDED IN PLAT BOOK 34,
PAGES 139 THRU 145; THENCE NORTH 00 DEGREES 59' 20" EAST 9.00 FEET;
THENCE NORTH 01 DEGREES 43' 57" EAST 733.64 FEET; THENCE NORTH 88
DEGREES 30' 43" WEST 340.43 FEET TO THE POINT OF BEGINNING; SAID
POINT BEING THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND
HAVING A RADIUS OF 1,051.92 FEET; THENCE FROM A TANGENT BEARING OF
NORTH 41 DEGREES 19' 54" WEST RUN NORTHWESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 07 DEGREES 27' 34" A DISTANCE OF 136.95
FEET TO THE END OF SAID CURVE; THENCE NORTH 33 DEGREES 52' 20" WEST
707.12 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY
HAVING A RADIUS OF 3,180.05 FEET; THENCE NORTHWESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 01 DEGREES 06' 22" A DISTANCE OF
61.39 FEET TO THE END OF SAID CURVE; THENCE NORTH 88 DEGREES 32' 02"
WEST 335.22 FEET; THENCE SOUTH 01 DEGREES 48' 46" WEST 178.81 FEET;
THENCE SOUTH 26 DEGREES 31' 40" EAST 482.71 FEET TO THE BEGINNING OF
A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 11,553.16 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 00 DEGREES 43' 22" A DISTANCE OF 145.73 FEET TO THE END OF SAID
CURVE; THENCE SOUTH 88 DEGREES 30' 43" EAST 570.79 FEET TO THE POINT
OF BEGINNING.
LESS THE FOLLOWING:
COMMENCE AT THE NORTHEAST CORNER OF TRACT "B" OF GARDEN LAKES
AND GARDEN SQUARE SHOPS PER PLAT RECORDED IN PLAT BOOK 34,
PAGES 139 THRU 145; THENCE NORTH 00 DEGREES 59' 20" EAST 9.00 FEET;
THENCE NORTH 01 DEGREES 43' 57" EAST 733.64 FEET; THENCE NORTH 88
DEGREES 30' 43" WEST 91 1.22 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUE NORTH 88 DEGREES 30' 43" WEST 299.14 FEET; THENCE NORTH 01
DEGREES 48' 46" EAST 554.37 FEET; THENCE SOUTH 26 DEGREES 31' 40" EAST
482.71 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING
A RADIUS OF 11,553.16 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE
145.73 FEET THROUGH A CENTRAL ANGLE OF 00 DEGREES 43' 22" TO THE
END OF SAID CURVE AND THE POINT OF BEGINNING.
TOGETHER WITH:
A PORTION OF THE SOUTH HALF (S 1/2) OF THE SOUTHEAST QUARTER (SE
1/4) OF THE NORTHWEST QUARTER (NW1/4) OF SECTION 1, TOWNSHIP 42
SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF TRACT "6" OF GARDEN LAKES
AND GARDEN SQUARE SHOPS ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 34, PAGE 139, PUBLIC RECORDS OF PALM BEACH
9
Date Prepared: April 26,2006
Ordinance 17. 2006
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COUNTY, FLORIDA; THENCE NORTH 00’ 59’20” EAST A DISTANCE OF 9.00 FEET
TO A POINT; THENCE NORTH 01’43’57”EAST A DISTANCE OF 733.64 FEET TO A
POINT ON THE NORTH LINE OF SAID SOUTH HALF (S 1/2)’ SOUTHEAST
QUARTER (SE %), NORTHWEST QUARTER (NW %); THENCE NORTH 88’30’43”
W., ALONG SAID NORTH LINE, A DISTANCE OF 119.15 FEET TO THE POINT OF
BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE
NORTH 88’30’43” WEST, ALONG SAID NORTH LINE, A DISTANCE OF 221.28
HAVING A RADIUS OF 1051.92 FEET, A CENTRAL ANGLE OF 1’03’55” AND A
CHORD BEARING OF SOUTH 41’51’52’ EAST, SAID POINT ALSO LYING ON THE
AND IN USE; THENCE SOUTHEASTERLYl ALONG THE ARC OF SAID CURVE AND
SAID RIGHT OF WAY LINE, A DISTANCE OF 19.56 FEET TO THE BEGINNING OF
A COMPOUND CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 136.00
FEET AND A CENTRAL ANGLE OF 100’03’25”; THENCE EASTERLY’ ALONG THE
ARC OF SAID CURVE AND SAID RIGHT OF WAY LINE, A DISTANCE OF 237.50
FEET TO THE POINT OF BEGINNING. BEARINGS RECITED HEREIN ARE BASED
UPON THE EAST LINE OF THE NORTHWEST QUARTER (NW %) HAVING A
BEARING OF N. 01’43’24” E. AND ALL OTHER BEARINGS ARE RELATIVE
THERETO.
FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE TO THE NORTHEAST
EASTERLY RIGHT OF WAY LINE OF STATE ROAD NO. 9 (1-95) AS NOW LAID OUT
CONTAINING 9.15 ACRES, MORE OR LESS
LEGENDS AT THE GARDENS
PARCEL 4.01
A PARCEL OF LAND LYING IN SECTION 25, TOWNSHIP 41 SOUTH, RANGE 42
EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF
DONALD ROSS ROAD AND THE WEST RIGHT OF WAY LINE OF CENTRAL
BOULEVARD; THENCE SOUTH 00’48‘04” WEST, ALONG SAID WEST RIGHT OF
WAY LINE, (THE WEST RIGHT OF WAY LINE OF CENTRAL BOULEVARD IS
ASSUMED TO BEAR SOUTH 00’48’04” WEST AND ALL OTHER BEARINGS
REFERENCED HEREIN ARE RELATIVE THERETO), A DISTANCE OF 491.30 FEET;
THENCE SOUTH 00’48’04” WEST, A DISANCE OF 347.64 FEET TO SAID RIGHT OF
BEARING OF NORTH 04’41’11” EAST, A RADIUS OF 840.06 FEET, AND A
CENTRAL ANGLE OF 55’12’02”; THENCE PROCEED WESTERLY AND
NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 809.34 FEET TO
THE END OF SAID CURVE; THENCE SOUTH 89’50’06” EAST, A DISTANCE OF
223.01 FEET; THENCE NORTH 01’20’37” EAST, A DISTANCE OF 359.66 FEET;
THENCE NORTH 01’20’37” EAST, A DISTANCE OF 65.43 FEET; THENCE SOUTH
WAY’S INTERSECTION WITH A NON-TANGENT CURVE HAVING A RADIAL
10
Date Prepared: April 26, 2006
Ordinance 17, 2006
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89’50’06” EAST, A DISTANCE OF 436.80 FEET TO THE POINT OF BEGINNING OF
THE HEREIN DESCRIBED PARCEL;
LESS AND EXCEPTING THEREFROM THAT CERTAIN RIGHT OF WAY
DESCRIBED IN OFFICIAL RECORDS BOOK 9567, PAGE 761, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA.
PARCEL 4.10
A PARCEL OF LAND LYING IN SECTION 25, TOWNSHIP 41 SOUTH, RANGE 42
EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF
DONALD ROSS ROAD AND THE WEST RIGHT OF WAY LINE OF CENTRAL
BOULEVARD; THENCE SOUTH 00’48’04” WEST, ALONG SAID WEST RIGHT OF
WAY LINE, (THE WEST RIGHT OF WAY LINE OF CENTRAL BOULEVARD IS
ASSUMED TO BEAR SOUTH 00’48’04” WEST AND ALL OTHER BEARINGS
REFERENCED HEREIN ARE RELATIVE THERETO), A DISTANCE OF 838.94 FEET
TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE
SOUTH 00’48’04” WEST, A DISTANCE OF 430.37 FEET; THENCE NORTH 89’51’04”
WEST, A DISTANCE OF 923.93 FEET TO THE WEST LINE OF SAID SECTION 25;
THENCE NORTH 01’20’37” EAST, ALONG SAID WEST LINE, A DISTANCE OF
844.68 FEET; THENCE SOUTH 89”50’06” EAST, A DISTANCE OF 252.09 FEET TO A
CURVE HAVING A RADIAL BEARING OF NORTH 59’53’13” EAST, A RADIUS OF
840.06 FEET, AND A CENTRAL ANGLE OF 55’12’02”; THENCE PROCEED ALONG
THE ARC OF SAID CURVE, A DISTANCE OF 809.34 FEET TO THE END OF SAID
CURVE TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL.
CONTAINING 21.62 ACRES, MORE OR LESS
LOEHMAN’S PLAZA
A PARCEL OF LAND IN A PORTION OF THE SOUTHEAST QUARTER OF SECTION
1, TOWNSHIP 42 SOUTH, RANGE 42 EAST, CITY OF PALM BEACH GARDENS,
PALM BEACH COUNTY FLORIDA BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION AFORESAID, SAID
NOW LAID OUT AND IN USE; THENCE NORTH 88’10’56” WEST (ALL BEARINGS
OF S.R. #9) ALONG THE SOUTH LINE OF SECTION 1 AND CENTERLINE OF
MONET ROAD A DISTANCE OF 256.96 FEET TO A POINT; THENCE NORTH
10”12’12” WEST, A DISTANCE OF 316.94 FEET TO A POINT IN THE WESTERLY
CORNER BEING IN THE CENTERLINE OF RIGHT-OF-WAY OF MONET ROAD AS
ARE RELATIVE TO FLORIDA STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP
RIGHT-OF-WAY LINE OF ACCESS ROAD AS NOW LAID OUT AND IN USE AS
11
Date Prepared: April 26, 2006
Ordinance 17, 2006
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SHOWN ON SAID RIGHT-OF-WAY OF STATE ROAD NO. 9 AND THE TRUE POINT
OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE
DISTANCE OF 419.24 FEET TO A POINT; THENCE SOUTH 68’31’34” WEST, A
DISTANCE OF 168.99 FEET TO A POINT; THENCE NORTH 24”24’01” WEST, A
DISTANCE OF 400.00 FEET TO A POINT; THENCE NORTH 40’22’42” EAST, A
LINE OF AFOREMENTIONED ACCESS ROAD AS NOW LAID OUT AND IN USE AS
BEING ON A CURVE CONCAVE TO THE SOUTHWEST WHOSE RADIAL LINE
BEARS SOUTH 51”20’29” WEST, HAVING A PARTIAL CENTRAL ANGLE OF
04’29’06” AND A RADIUS OF 904.93 FEET; THENCE NORTHWESTERLY ALONG
DISTANCE OF 70.84 FEET TO A POINT ON SAID CURVE; THENCE SOUTH
40”22’42” WEST, A DISTANCE OF 165.93 FEET TO A POINT; THENCE NORTH
49’37’18” WEST, A DISTANCE OF 200.00 FEET TO A POINT BEING ON THE
OUT AND IN USE; THENCE SOUTH 40’22’42” WEST ALONG SAID
THENCE SOUTH 35’39’48” WEST, A DISTANCE OF 304.16 FEET TO A POINT
NORTH 10’1 2’1 2” WEST ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A
1
DISTANCE OF 200.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY
SHOWN ON SAID RIGHT-OF-WAY MAP OF STATE ROAD NO. 9, SAID POINT ALSO
THE ARC OF SAID CURVE AND SAID WESTERLY RIGHT-OF-WAY LINE, AN ARC
SOUTHEASTERLY RIGHT-OF-WAY LINE OF P.G.A. BOULEVARD AS NOW LAID
SOUTHEASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 310 FEET TO A POINT;
BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD NO. 9; THENCE
SOUTH 07’55’38” WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A
DISTANCE OF 79.27 FEET TO A POINT; THENCE SOUTH 24”24’01” EAST ALONG
THENCE SOUTH 88’10’56’’ EAST, A DISTANCE OF 810.26 FEET TO THE POINT OF
BEG INNING.
SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 369.57 FEET TO A POINT;
LESS AND EXCEPTING THEREFROM, THAT PORTION OF THE ABOVE
DESCRIBED LAND THAT LIES WITHIN THE FOLLOWING TRACT:
A PARCEL OF LAND IN A PORTION OF THE SOUTHEAST QUARTER OF SECTION
1, TO TOWNSHIP 42 SOUTH, RANGE 42 EAST CITY OF PALM BEACH GARDENS,
PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
TO FIND THE TRUE POINT OF BEGINNING COMMENCE AT THE SOUTHEAST
CORNER OF SECTION AFORESAID, SAID CORNER BEING IN THE CENTERLINE
NORTH 88’10’56’’ (ALL BEARINGS ARE RELATION TO FLORIDA STATE ROAD
SECTION 1 AND CENTERLINE OF MONET ROAD A DISTANCE OF 256.96 FEET TO
A POINT; THENCE NORTH 10”12’12” WEST, A DISTANCE OF 316.94 FEET TO A
OF RIGHT-OF-WAY OF MONET ROAD AS NOW LAID OUT AND IN USE, THENCE
DEPARTMENT RIGHT-OF-WAY MAP OF S.R. N0.9), ALONG THE SOUTH LINE OF
POINT IN THE WESTERLY RIGHT-OF-WAY LINE OF ACCESS ROAD AS NOW LAID
OUT AND IN USE AS SHOWN ON SAID RIGHT-OF-WAY MAP OF STATE ROAD
N0.9; THENCE CONTINUE NORTH 10”12’12” WEST ALONG SAID WESTERLY
RIGHT-OF-WAY LINE, A DISTANCE OF 41 9.24 FEET TO A POINT; THENCE SOUTH
12
Date Prepared: April 26, 2006
Ordinance 17, 2006
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68’31’34” WEST A DISTANCE OF 168.99 FEET TO A POINT; THENCE NORTH
24’24’01” WEST, A DISTANCE OF 400.00 FEET TO A POINT; THENCE NORTH
40’22’42” EAST A DISTANCE OF 200.00 FEET TO A POINT ON THE WESTERLY
RIGHT-OF-WAY LINE OF AFOREMENTIONED ACCESS ROAD AS NOW LAID OUT
AND IN USE AS SHOWN ON SAID RIGHT-OF-WAY MAP OF STATE ROAD NO. 9,
SAID POINT ALSO BEING ON A CURVE CONCAVE TO THE SOUTHWEST, WHOSE
RADIAL LINE BEARS SOUTH 51’20’29” WEST, HAVING A PARTIAL CENTRAL
ANGLE OF 04’29’06” AND A RADIUS OF 904.93 FEET; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE AND SAID WESTERLY
CURVE; THENCE SOUTH 40’22’42” WEST, A DISTANCE OF 165.93 FEET; TO THE
TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE
NORTH 49’37’18” WEST, A DISTANCE OF 148.00 FEET TO A POINT; THENCE
SOUTH 40’22’42” WEST, A DISTANCE OF 147.50 FEET TO A POINT; THENCE
SOUTH 50’34’23” EAST, A DISTANCE OF 148.02 FEET TO A POINT; THENCE
NORTH 40’22’42” EAST, A DISTANCE OF 145.04 FEET TO THE POINT OF
BEGINNING.
RIGHT-OF-WAY LINE, AN ARC DISTANCE OF 70.84 FEET TO A POINT ON SAID
CONTAINING 12.65 ACRES, MORE OR LESS
BRIGER 30-ACRE PARCEL
THAT PORTION OF SECTION 26 TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM
BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26; THENCE
SOUTH 89’55’48” WEST ALONG THE NORTH LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 26, A DISTANCE OF 2371.01 FEET; THENCE SOUTH
00’04’12” EAST, A DISTANCE OF 1280.00 FEET TO A POINT OF CURVATURE OF
A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 1210.00 FEET;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 10’02’48”, AN ARC DISTANCE OF 212.17 FEET TO THE
POINT OF BEGINNING;
THENCE CONTINUE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE,
CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 1210.00 FEET, THROUGH
A CENTRAL ANGLE OF 33’57’12”, AN ARC DISTANCE OF 717.04 FEET TO A
POINT OF TANGENCY; THENCE SOUTH 44’04’12” EAST, A DISTANCE OF 19.33
FEET; THENCE SOUTH 00’55‘48“ WEST, A DISTANCE OF’56.57 FEET; THENCE
SOUTH 45’55‘48” WEST, A DISTANCE OF 1046.96 FEET TO A POINT OF
CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS
OF 50.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 53’07’48”, AN ARC DISTANCE OF 46.36 FEET
TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE
SOUTH, HAVING A RADIUS OF 100.00 FEET; THENCE WESTERLY ALONG THE
ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 16’13’00”, AN ARC
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Date Prepared: April 26,2006
Ordinance 17, 2006
DISTANCE OF 28.30 FEET TO A POINT OF REVERSE CURVATURE WITH A
CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 50.00 FEET;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 53"35'38", AN ARC DISTANCE OF 46.77 FEET TO A POINT
OF COMPOUND CURVATURE WITH A CURVE CONCAVE TO THE NORTHEAST,
HAVING A RADIUS OF 2376.96 FEET; THENCE NORTHWESTERLY ALONG THE
ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 33"26'46", AN ARC
DISTANCE OF 1387.54 FEET TO THE INTERSECTION WITH A RADIAL LINE;
THENCE NORTH 79"53'00" EAST, ALONG SAID RADIAL LINE, A DISTANCE OF
1166.96 FEET TO THE POINT OF BEGINNING.
CONTAINING 30.00 ACRES, MORE OR LESS
BRIGER 40-ACRE PARCEL
THAT PORTION OF SECTION 26, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM
BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26; THENCE
SOUTH 89'55'48" WEST ALONG THE NORTH LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 26, A DISTANCE OF 2371.01 FEET; THENCE SOUTH
OO"O4'12" EAST, A DISTANCE OF 140.00 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE SOUTH 00'04'12" EAST, A DISTANCE OF 11 40.00 FEET TO A
POINT OF CURVATURE OF A CURVE, CONCAVE TO THE NORTHEAST HAVING A
RADIUS OF 1210.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID
CURVE, THROUGH A CENTRAL ANGLE OF 10'02'48", AN ARC DISTANCE OF
212.17 FEET TO THE INTERSECTION WITH A RADIAL LINE; THENCE SOUTH
79'53'00" WEST, ALONG A LINE RADIAL TO THE FOLLOWING CURVE, A
DISTANCE OF 1166.96 FEET TO A POINT ON SAID CURVE, CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 2376.96 FEET; THENCE NORTHWESTERLY
ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10'02'48", AN ARC
DISTANCE OF 416.79 FEET TO A POINT OF TANGENCY; THENCE NORTH
OO"O4'12" WEST, A DISTANCE OF 1140.00 FEET; THENCE NORTH 44'55'47" EAST,
ROSS ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK 4296, PAGE 11 51 OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH
PROLONGATION, A DISTANCE OF 1086.96 FEET; THENCE SOUTH 45'04'12"
EAST, A DISTANCE OF 56.57 FEET TO THE POINT OF BEGINNING.
A DISTANCE OF 56.57 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF DONALD
89'55'47" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE AND EASTERLY
CONTAINING 40.00 ACRES, MORE OR LESS.
BRIGER 100-ACRE PARCEL
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Date Prepared: April 26, 2006
Ordinance 17. 2006
THAT PORTION OF SECTION 26, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM
BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26; THENCE
SOUTH 89'55'48" WEST ALONG THE NORTH LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 26, A DISTANCE OF 2670.60 FEET TO THE NORTH
QUARTER CORNER OF SAID SECTION 26; THENCE SOUTH 89'55'47" WEST,
ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 26,
A DISTANCE OF 947.37 FEET; THENCE SOUTH 00'04'12" EAST, A DISTANCE OF
146.00 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE SOUTH 00'04'12" EAST, A DISTANCE OF 1133.99 FEET TO A
POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEASTl HAVING A
RADIUS OF 2456.96 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID
CURVE, THROUGH A CENTRAL ANGLE OF 43'31'35", AN ARC DISTANCE OF
1866.50 FEET TO THE POINT OF REVERSE CURVATURE WITH A CURVE
CONCAVE TO THE WEST, HAVING A RADIUS OF 50.00 FEET; THENCE
SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE
OF 52'41'50", AN ARC DISTANCE OF 45.99 FEET TO THE POINT OF REVERSE
CURVATURE WITH A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF
100.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH
A CENTRAL ANGLE OF 196'18'04", AN ARC DISTANCE OF 342.61 FEET TO THE
POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE EAST,
HAVING A RADIUS OF 50.00 FEET; THENCE NORTHERLY ALONG THE ARC OF
SAID CURVE, THROUGH A CENTRAL ANGLE OF 53'07'48", AN ARC DISTANCE OF
46.36 FEET TO A POINT OF TANGENCY; THENCE NORTH 45'55'48" EAST, A
DISTANCE OF 1046.96 FEET; THENCE SOUTH 89'04'12" EAST, A DISTANCE OF
56.57 FEET; THENCE SOUTH 44'04'12" EAST, A DISTANCE OF 384.01 FEET TO
THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST,
HAVING A RADIUS OF 1100.00 FEET; THENCE SOUTHEASTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45'21'46", AN ARC
DISTANCE OF 870.90 FEET; THENCE SOUTH 65'39'59" WEST, A DISTANCE OF
RECORDED IN OFFICIAL RECORD BOOK 4296 PAGE 1151, PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA;
1873.81 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF INTERSTATE 95 AS
THE FOLLOWING SIX(6) COURSES RUN ALONG SAID EASTERLY RIGHT-OF-WAY
LINE:
THENCE NORTH 28'00'12'' WEST, A DISTANCE OF 2268.29 FEET; THENCE
NORTH 24'00'10" WEST, A DISTANCE OF 546.71 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF
5635.58 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 05'31154", AN ARC DISTANCE OF 544.09 FEET
TO A POINT OF TANGENCY; THENCE NORTH 18'28'17" WEST, A DISTANCE OF
543.08 FEET; THENCE NORTH 14'39'25" WEST, A DISTANCE OF 177.27 FEET;
15
Date Prepared: April 26, 2006
Ordinance 17, 2006
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THENCE NORTH 11'29'13" EAST, A DISTANCE OF 190.38 FEET TO A POINT ON
IN OFFICIAL RECORD BOOK 4296 PAGE 1151, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA;
THE SOUTHERLY RIGHT-OF-WAY LINE OF DONALD ROSS ROAD AS RECORDED
THE FOLLOWING FOUR(4) COURSES RUN ALONG SAID SOUTHERLY RIGHT-OF-
WAY LINE;
THENCE NORTH 63'47'19" EAST, A DISTANCE OF 190.36 FEET; THENCE NORTH
89'55'35" EAST, A DISTANCE OF 301.88 FEET; THENCE NORTH 87'38'02" EAST, A
DISTANCE OF 296.35 FEET; THENCE NORTH 89'55'47" EAST, A DISTANCE OF
271.78 FEET; THENCE SOUTH 45'04'12" EAST, A DISTANCE OF 56.57 FEET TO
THE POINT OF BEGINNING.
CONTAINING 4,356,000 SQUARE FEET OR 100.000 ACRES, MORE OR LESS. a
RlVERSlDElBURNS INDUSTRIAL AREA
RIVERSIDE INDUSTRIAL
ALL OF THE NON-RECORDED PLAT 7 OF THE CITY OF PALM BEACH GARDENS,
BOUNDED BY RIVERSIDE DRIVE TO THE WEST, IRONWOOD ROAD TO THE
EAST, BURNS ROAD TO THE NORTH, AND RUBY STREET TO THE SOUTH.
CLOCK TOWER PARCEL
THE SOUTH 530 FEET OF THE EAST 260 FEET OF THE WEST 320 FEET OF THE
SOUTHWEST ONE-QUARTER (SW %) OF THE SOUTHEAST ON€-QUARTER (SE
%) OF THE NORTHEAST ONE-QUARTER (NE 5/4) OF SECTION 12, TOWNSHIP 42
SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA.
PGA BUSINESS PARK
(NOTE: THE SOUTH LINE OF THE SOUTHEAST % OF THE NORTHEAST % OF
SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY,
FLORIDA IS ASSUMED TO BEAR SOUTH 88 DEGREES, 29 MINUTES, 38
SECONDS EAST, AND IS THE BASIS FOR ALL OTHER BEARINGS HEREIN.)
COMMENCING AT A POINT OF INTERSECTION OF THE EAST LINE OF THAT
CERTAIN PARCEL DESCRIBED IN A DEED TO GULF & WESTERN INDUSTRIES,
INC. AND RECORDED IN OFFICIAL RECORD BOOK 1826, PAGE 1352'WITH THE
SOUTH LINE OF THE SOUTHEAST % OF THE NORTHEAST % OF SECTION 12,
TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, SAID
POINT LYING SOUTH 88 DEGREES, 29 MINUTES, 38 SECONDS EAST A
DISTANCE OF 320 FEET FROM THE SOUTHWEST CORNER OF THE SOUTHEAST
% OF THE NORTHEAST % OF SAID SECTION 12; THENCE NORTH 01 DEGREES,
16
Date Prepared: April 26, 2006
Ordinance 17. 2006
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33 MINUTES 32 SECONDS EAST ALONG SAID EAST LINE A DISTANCE OF 25.00
COMMISSION MINUTES BOOK 11, PAGE 12; THENCE SOUTH 88 DEGREES, 29
OF 66.81 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 88
WAY A DISTANCE OF 704.93 FEET TO A POINT LYING ON THE EAST LINE OF A
20 FOOT WATER MAIN AND FORCE MAIN EASEMENT RECORDED IN OFFICIAL
RECORD BOOK 5880, PAGE 1726; THENCE NORTHWESTERLY A DISTANCE OF
209.93 FEET ALONG SAID EAST LINE AND THE ARC OF A CURVE CONCAVE TO
THE SOUTHWEST, HAVING A RADIUS OF 3284.08 FEET, A CENTRAL ANGLE OF
03 DEGREES, 39 MINUTES, 45 SECONDS AND A CHORD BEARING OF NORTH 13
DEGREES, 31 MINUTES, 29 SECONDS WEST; THENCE NORTH 81 DEGREES, 00
MINUTES, 42 SECONDS EAST A DISTANCE OF 74.18 FEET TO A POINT ON THE
NORTHWESTERLY A DISTANCE OF 296.23 FEET ALONG SAID WESTERLY
SOUTHWEST, HAVING A RADIUS OF 3669.83 FEET, A CENTRAL ANGLE OF 04
DEGREES, 37 MINUTES, 30 SECONDS AND A CHORD BEARING OF NORTH 11
DEGREES, 18 MINUTES, 03 SECONDS WEST TO A POINT ON THE SOUTH LINE
OF THAT CERTAIN PARCEL DESCRIBED IN A DEED TO THE CITY OF PALM
BEACH GARDENS, RECORDED IN OFFICIAL RECORD BOOK 6531, PAGE 667;
THENCE NORTH 88 DEGREES, 29 MINUTES, 38 SECONDS WEST ALONG SAID
SOUTH LINE, A DISTANCE OF 115.31 FEET TO A POINT LYING ON THE EAST
LINE OF A 20 FOOT WATER MAIN AND FORCE MAIN EASEMENT RECORDED IN
OFFICIAL RECORD BOOK 5880, PAGE 1726; THENCE SOUTHEASTERLY A
DISTANCE OF 307.24 FEET ALONG SAID EAST LINE AND THE ARC OF A CURVE
CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 3284.08 FEET, A
CENTRAL ANGLE OF 05 DEGREES, 21 MINUTES, 37 SECONDS AND A CHORD
BEARING OF SOUTH 18 DEGREES, 16 MINUTES, 42 SECONDS EAST; THENCE
NORTH 88 DEGREES, 29 MINUTES, 38 SECONDS WEST A DISTANCE OF 175.00
FEET; THENCE SOUTH 01 DEGREES, 30 MINUTES, 22 SECONDS WEST A
DISTANCE OF 5.50 FEET; THENCE NORTH 88 DEGREES, 29 MINUTES, 38
SECONDS WEST A DISTANCE OF 50.00 FEET; THENCE SOUTH 01 DEGREES, 30
MINUTES, 22 SECONDS WEST A DISTANCE OF 7.50 FEET TO A POINT OF
CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 5 FEET AND A
CENTRAL ANGLE OF 90 DEGREES; THENCE SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE A DISTANCE OF 7.85 FEET TO A POINT OF TANGENT;
THENCE NORTH 88 DEGREES, 29 MINUTES, 38 SECONDS WEST A DISTANCE
OF 74.98 FEET TO A POINT OF CURVE CONCAVE TO THE NORTH, HAVING A
RADIUS OF 15 FEET AND A CENTRAL ANGLE OF 30 DEGREES; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 7.85 FEET
TO A POINT OF TANGENT; THENCE NORTH 58 DEGREES, 29 MINUTES, 38
SECONDS WEST A DISTANCE OF 27.94 FEET TO A POINT OF CURVE CONCAVE
TO THE SOUTH, HAVING A RADIUS OF 30 FEET AND A CENTRAL ANGLE OF 30
DEGREES; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE A
FEET TO THE NORTH RIGHT-OF-WAY LINE OF BURNS ROAD PER COUNTY
MINUTES, 38 SECONDS EAST ALONG SAID NORTH RIGHT-OF-WAY A DISTANCE
DEGREES, 29 MINUTES, 38 SECONDS EAST ALONG SAID NORTH RIGHT-OF-
WESTERLY RIGHT-OF-WAY LINE OF THE INTERSTATE 1-95; THENCE
RIGHT-OF-WAY LINE AND THE ARC OF A CURVE CONCAVE TO THE
17
Date Prepared: April 26, 2006
Ordinance 17, 2006
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DISTANCE OF 15.71 FEET TO A POINT OF TANGENT; THENCE NORTH 88
DEGREES, 29 MINUTES, 38 SECONDS WEST A DISTANCE OF 86.35 FEET;
THENCE NORTH 01 DEGREES, 30 MINUTES, 22 SECONDS EAST A DISTANCE OF
10.00 FEET; THENCE NORTH 88 DEGREES, 29 MINUTES, 38 SECONDS WEST A
DISTANCE OF 235.00 FEET; THENCE SOUTH 01 DEGREES, 33 MINUTES, 32
SECONDS WEST A DISTANCE OF 118.34 FEET; THENCE SOUTH 28 DEGREES,
26 MINUTES, 28 SECONDS EAST A DISTANCE OF 40.00 FEET; THENCE SOUTH
01 DEGREES, 33 MINUTES, 32 SECONDS WEST A DISTANCE OF 55.96 FEET TO
A POINT OF CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF.30
FEET AND A CENTRAL ANGLE OF 39 DEGREES, 22 MINUTES, 19 SECONDS;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF
20.62 FEET TO THE POINT OF BEGINNING.
LESS THE FOLLOWING DESCRIBED LAND:
COMMENCING AT A POINT OF INTERSECTION OF THE EAST LINE OF THAT
CERTAIN PARCEL DESCRIBED IN A DEED TO GULF & WESTERN INDUSTRIES,
INC. AND RECORDED IN OFFICIAL RECORD BOOK 1826, PAGE 1352 WITH THE
SOUTH LINE OF THE SOUTHEAST % OF THE NORTHEAST '!A OF SECTION 12, '
TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, SAID
POINT LYING SOUTH 88 DEGREES, 29 MINUTES, 38 SECONDS EAST A
DISTANCE OF 320 FEET FROM THE SOUTHWEST CORNER OF THE SOUTHEAST
'!A OF THE NORTHEAST % OF SAID SECTION 12; THENCE NORTH 01 DEGREES,
33 MINUTES, 32 SECONDS EAST ALONG SAID EAST LINE A DISTANCE OF 25.00
COUNTY COMMISSION MINUTES BOOK 11, PAGE 12; THENCE SOUTH 88
WAY A DISTANCE OF 66.81 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUE SOUTH 88 DEGREES, 29 MINUTES, 38 SECONDS EAST ALONG SAID
EASTERLY LINE OF A 20 FOOT WATER MAIN AND FORCE MAIN EASEMENT
RECORDED IN OFFICIAL RECORD BOOK 5880, PAGE 1726; THENCE
NORTHWESTERLY A DISTANCE OF 25.70 FEET ALONG SAID LINE AND THE ARC
OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 3284.08
FEET, A CENTRAL ANGLE OF 00 DEGREES, 26 MINUTES, 54 SECONDS AND A
CHORD BEARING OF NORTH 11 DEGREES, 55 MINUTES, 01 SECONDS WEST TO
FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF BURNS ROAD PER
DEGREES, 29 MINUTES, 38 SECONDS EAST ALONG SAID NORTH RIGHT-OF-
RIGHT-OF-WAY LINE A DISTANCE OF 704.93 FEET TO A POINT ON THE
A POINT LYING 25 FEET NORTH OF AT RIGHT ANGLES TO SAID NORTH RIGHT-
OF-WAY LINE FOR BURNS ROAD; THENCE SOUTH 88 DEGREES, 29 MINUTES,
38 SECONDS EAST A DISTANCE OF 705.74 FEET; THENCE SOUTH 01 DEGREES,
33 MINUTES, 32 SECONDS WEST A DISTANCE OF 5.96 FEET TO A POINT OF
CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS
OF 30.00 FEET AND A CENTRAL ANGLE OF 39 DEGREES, 22 MINUTES, 19
SECONDS; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE A
DISTANCE OF 20.62 FEET TO THE POINT OF BEGINNING.
4000 BURNS ROAD
18
Date Prepared: April 26, 2006
Ordinance 17, 2006
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A PARCEL OF LAND LYING IN THE SOUTHWEST QUARTER OF SECTION 7,
TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER
OF SAID SECTION 7, THENCE NORTH 89 DEGREES 57 MINUTES 00 SECONDS
EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID
SECTION 7 AND THE CENTERLINE OF BURNS ROAD, A 60 FOOT RIGHT OF WAY
(THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 IS
ASSUMED TO BEAR NORTH 89 DEGREES 57 MINUTES 00 SECONDS EAST AND
ALL OTHER BEARINGS ARE RELATIVE THERETO) A DISTANCE OF 434.37 FEET
TO A POINT; THENCE SOUTH 00 DEGREES 03 MINUTES 00 SECONDS EAST A
DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF
DESCRIBED PARCEL OF LAND; THENCE CONTINUE SOUTH 00 DEGREES 03
MINUTES 00 SECONDS EAST A DISTANCE OF 300.00 FEET ALONG THE WEST
LINE OF A PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 1637 PAGE 579 TO
A POINT; THENCE SOUTH 89 DEGREES 57 MINUTES 00 SECONDS WEST ALONG
THE NORTH LINE OF A PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 1549
PAGE 347, A DISTANCE OF 287.28 FEET TO A POINT ON THE EAST RIGHT OF
SAID POINT LYING ON A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF
3969.83 FEET, A CENTRAL ANGLE OF 04 DEGREES 20 MINUTES 18 SECONDS
AND A RADIAL BEARING OF SOUTH 88 DEGREES 45 MINUTES 51 SECONDS
WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND EAST
RIGHT OF WAY LINE A DISTANCE OF 300.59 FEET TO A POINT ON THE SOUTH
RIGHT OF WAY LINE OF BURNS ROAD; THENCE NORTH 89 DEGREES 57
MINUTES 00 SECONDS EAST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF
304.87 FEET TO THE POINT OF BEGINNING.
BURNS ROAD AND THE POINT OF BEGINNING OF THE HEREINAFTER
WAY LINE OF STATE ROAD NO. 7 (INTERSTATE 1-95 A 300 FOOT RIGHT OF WAY)
10415 RIVERSIDE DRIVE
BEGINNING AT THE QUARTER CORNER ON THE WEST LINE OF SECTION 7,
TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, RUN
FEET TO THE INTERSECTION OF SAID QUARTER SECTION LINE AND THE
NORTH 89’57’00” EAST-WEST QUARTER SECTION LINE A DISTANCE OF 619.62
CENTER-LINE OF RIVERSIDE DRIVE; THENCE ’SOUTH 10’33’45” EAST ALONG
THE CENTER-LINE OF SAID RIVERSIDE DRIVE A DISTANCE OF 236.00 FEET TO
A POINT OF CURVATURE OF RIVERSIDE DRIVE; THENCE CONTINUE ALONG
CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 512.28 FEET
THROUGH A CENTRAL ANGLE OF 11’25’48” A DISTANCE OF 102.20 FEET;
THENCE SOUTH 89’57’00” WEST, A DISTANCE OF 32.20 FEET TO THE WEST
RIGHT OF WAY LINE OF RIVERSIDE DRIVE AND THE POINT OF BEGINNING;
THENCE CONTINUE SOUTH 89’57’00” WEST A DISTANCE OF 511.90 FEET TO
THE CENTER-LINE OF RIVERSIDE DRIVE AS SAID CENTER-LINE FORMS A
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Date Prepared: April 26, 2006
Ordinance 17. 2006
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THE EAST RIGHT OF WAY LINE OF 1-95; THENCE SOUTH ALONG THE RIGHT OF
WAY LINE OF 1-95, WHICH DESCRIBES A CURVE CONCAVE TO THE WEST,
HAVING A RADIUS OF 3969.83 FEET HAVING A CENTRAL ANGLE OF 1’27’54” A
DISTANCE OF 101.50 FEET TO THE POINT OF TANGENCY OF THE CURVE;
A DISTANCE OF 179.95 FEET TO THE INTERSECTION OF THE EAST RIGHT OF
ON PLAT NO. 5 OF THE CITY OF PALM BEACH GARDENS, AS RECORDED IN
PLAT BOOK 27, PAGE 95, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; THENCE SOUTH 89’47’45” EAST ALONG SAID NORTH RIGHT OF WAY
LINE A DISTANCE OF 248.53 FEET TO THE POINT OF CURVATURE OF THE SAID
NORTH RIGHT OF WAY LINE OF THOMPSON RIVER; THENCE ALONG THE SAID
RIGHT OF WAY LINE WHICH DESCRIBES A CURVE CONCAVE TO THE
SOUTHWEST HAVING A RADIUS OF 1564.34 FEET THROUGH A CENTRAL ANGLE
OF 23’22’02” A DISTANCE OF 637.99 FEET; THENCE NORTH 33’53’49” EAST
ALONG THE SOUTHWESTERLY PROLONGATION OF THE NORTHWEST RIGHT
OF WAY LINE OF BUCKEYE STREET A DISTANCE OF 43.91 FEET TO THE
SOUTHWESTERLY RIGHT OF WAY LINE OF RIVERSIDE DRIVE; THENCE NORTH
56’06’1 1” WEST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 212.66 FEET
TO THE POINT OF CURVATURE OF SAID RIGHT OF WAY LINE; THENCE
CONTINUE ALONG THE SAID SOUTHWESTERLY RIGHT OF WAY WHICH
DESCRIBES A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF
542.28 FEET THROUGH A CENTRAL ANGLE OF 35’22’55” A DISTANCE OF 334.87
FEET TO THE POINT OF BEGINNING. ALL BEING IN THE NORTH HALF (N %) OF
SOUTHWEST QUARTER (SW %) OF SECTION 7, TOWNSHIP 42 SOUTH, RANGE
43 EAST, PALM BEACH COUNTY, FLORIDA.
THENCE SOUTH 00’13’45’’ WEST ALONG THE EAST RIGHT OF WAY LINE OF 1-95
WAY LINE OF 1-95 WITH THE NORTH RIGHT OF WAY LINE OF THOMPSON RIVER
10475 RIVERSIDE DRIVE
BEGINNING AT THE QUARTER CORNER ON THE WEST LINE OF SECTION 7,
TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA;
DISTANCE OF 619.62 FEET TO THE INTERSECTION OF SAID QUARTER LINE
AND THE CENTERLINE OF RIVERSIDE DRIVE; THENCE S 10’33’45” E ALONG THE
CENTERLINE OF SAID RIVERSIDE DRIVE A DISTANCE OF 236.00 FEET TO THE
POINT OF CURVATURE OF RIVERSIDE DRIVE; THENCE S 79’26’15” W A
RIVERSIDE DRIVE AND THE POINT OF BEGINNING; THENCE SOUTHEASTERLY
CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 542.28 FEET
THROUGH A CENTRAL ANGLE OF 10’09’31” A DISTANCE OF 96.15 FEET TO A
POINT; THENCE S 89’57’00” W A DISTANCE OF 224.62 FEET TO A POINT;
THENCE N 0’03’00” W A DISTANCE OF 300.00 FEET TO A POINT IN THE SOUTH
THENCE N 89’57’00” E ALONG THE EAST-WEST QUARTER SECTION LINE A
DISTANCE OF 30.00 FEET TO THE WESTERLY RIGHT-OF-WAY OF SAID
ALONG THE SAID RIGHT-OF-WAY OF RIVERSIDE DRIVE ALONG THE ARC OF A
RIGHT-OF-WAY LINE OF BURNS ROAD; THENCE N 89’57’00” E ALONG THE SAID
RIGHT-OF-WAY LINE OF BURNS ROAD A DISTANCE OF 139.52 FEET TO A
POINT; THENCE ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHWEST
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Date Prepared: April 26, 2006
Ordinance 17, 2006
HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 79’29’15” A
DISTANCE OF 34.68 FEET TO A POINT IN THE WESTERLY RIGHT-OF-WAY LINE
OF RIVERSIDE DRIVE; THENCE S 10’33’45” E ALONG THE SAID RIGHT-OF-WAY
OF RIVERSIDE DRIVE, A DISTANCE OF 190.26 FEET TO THE POINT OF
BEGINNING. CONTAINING IN ALL 1.3 ACRES, MORE OR LESS.
RA CO AM0
A PARCEL OF LAND IN THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP
42 SOUTH, RANGE 42 EAST, IN THE CITY OF PALM BEACH GARDENS, PALM
BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHERLY RIGHT OF WAY LINE OF BURNS
ROAD (SAID SOUTHERLY RIGHT OF WAY LINE BEING PARALLEL TO AND 30
QUARTER SECTION LINE OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42
EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA), AT A
DISTANCE OF 222.71 FEET WESTERLY FROM, MEASURED ALONG SAID
SOUTHERLY RIGHT OF WAY LINE, THE EAST LINE OF SAID SECTION 12;
THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT OF WAY LINE A
DISTANCE OF 490.26 FEET; THENCE SOUTHERLY AT RIGHT ANGLES TO THE
PRECEDING COURSE, A DISTANCE OF 314.67 FEET, THENCE EASTERLY AT
RIGHT ANGLES TO THE PRECEDING COURSE, A DISTANCE OF 541.79 FEET TO
A POINT IN THE ARC OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS
OF 3219.60 FEET AND A CENTRAL ANGLE OF 90’11’0”; THENCE NORTHERLY
ALONG THE ARC OF SAID CURVE AND THROUGH AN ANGLE OF 5’40’36’’ A
DISTANCE OF 31 8.99 FEET TO THE POINT OF BEGINNING.
A PARCEL OF LAND IN THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP
42 SOUTH, RANGE 42 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FROM A POINT IN THE SOUTHERLY RIGHT OF WAY LINE OF BURNS ROAD (SAID
SOUTHERLY RIGHT OF WAY LINE BEING PARALLEL TO AND 30 FEET
QUARTER SECTION LINE OF SAID SECTION 12) AT A DISTANCE OF 712.97 FEET
WESTERLY FROM, MEASURED ALONG SAID SOUTHERLY RIGHT OF WAY LINE,
THE EAST LINE OF SAID SECTION 12, THENCE SOUTHERLY AT RIGHT ANGLES
TO SAID SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 314.67 FEET TO
THE POINT OF BEGINNING; THENCE EASTERLY AT RIGHT ANGLES TO THE
PRECEDING COURSE A DISTANCE OF 494.23 FEET TO A POINT; THENCE
SOUTHERLY AT RIGHT ANGLES TO THE PRECEDING COURSE A DISTANCE OF
20 FEET TO A POINT; THENCE WESTERLY AT RIGHT ANGLES TO THE
PRECEDING COURSE A DISTANCE OF 494.23 FEET, TO A POINT; THENCE
NORTHERLY, AT RIGHT ANGLES TO THE PRECEDING COURSE A DISTANCE OF
20 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 0.23 ACRES, MORE
OR LESS.
FEET SOUTHERLY FROM, MEASURED AT RIGHT ANGLES TO, THE EAST-WEST
SOUTHERLY FROM, MEASURED AT RIGHT ANGLES TO, THE EAST-WEST
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Date Prepared: April 26, 2006
Ordinance 17, 2006
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A DRAINAGE EASEMENT, INCLUDING THE RIGHT OF INGRESS AND EGRESS
FOR CONSTRUCTING AND MAINTAINING SAID EASEMENT IN, OVER AND UPON
A PARCEL OF LAND IN A PORTION OF THE SOUTHEAST QUARTER OF SECTION
12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, CITY OF PALM BEACH GARDENS,
PALM BEACH COUNTY, FLORIDA, LYING THIRTEEN FEET (13.00’) EACH SIDE OF
THE FOLLOWING DESCRIBED CENTERLINE; COMMENCE AT A POINT IN THE
SOUTHERLY RIGHT OF WAY LINE OF BURNS ROAD AND THE EAST LINE OF
SAID SECTION 12, (SAID POINT BEING 30 FEET SOUTH OF THE EAST QUARTER
CORNER OF SAID SECTION 12); THENCE RUN WEST ALONG SAID SOUTHERLY
RIGHT OF WAY LINE A DISTANCE OF 712.97 FEET TO A POINT; THENCE RUN
SOUTH A DISTANCE OF 321.67 FEET TO THE POINT OF BEGINNING OF THE
HEREIN DESCRIBED PARCEL; THENCE RUN EAST A DISTANCE OF 494.23 FEET
TO THE END OF THE HEREIN DESCRIBED EASEMENT; CONTAINING IN ALL, 0.29
ACRES, MORE OR LESS. NOTE: THE EAST AND WEST LINES OF THE HEREIN
THE FOLLOWING DESCRIBED PROPERTY, TO-WIT:
DESCRIBED EASEMENT BEAR NORTH-SOUTH. THE SOUTHERLY RIGHT OF WAY
LINE OF BURNS ROAD IS ASSUMED TO BEAR EEAST-WEST AND ALL OTHER
BEARINGS ARE RELATIVE THERETO.
LESS A PARCEL OF LAND IN THE SOUTHEAST QUARTER OF SECTION 12,
TOWNSHIP 42 SOUTH, RANGE 42 EAST, CITY OF PALM BEACH GARDENS, PALM
BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
FROM A POINT IN THE SOUTHERLY RIGHT OF WAY LINE OF BURNS ROAD (SAID
SOUTHERLY RIGHT OF WAY LINE BEING PARALLEL TO AND 30 FEET
QUARTER SECTION LINE OF SAID SECTION 12) AT A DISTANCE OF 222.71 FEET
WESTERLY FROM, MEASURED ALONG SAID SOUTHERLY RIGHT OF WAY LINE,
THE EAST LINE OF SAID SECTION 12; SAID POINT BEING IN THE ARC OF A
CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 3219.60 FEET; THENCE
SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH AN ANGLE OF
0’20’28” A DISTANCE OF 19.17 FEET TO THE POINT OF BEGINNING OF THE
HEREIN DESCRIBED PARCEL; THENCE CONTINUE SOUTHERLY ALONG THE
ARC OF SAID CURVE, THROUGH AN ANGLE OF 5’20’08” A DISTANCE OF 299.82
FEET TO A POINT OF INTERSECTION WITH A LINE PARALLEL TO THE SAID
ALONG SAID PARALLEL LINE A DISTANCE OF 47.56 FEET TO A POINT; THENCE
NORTHERLY, AT RIGHT ANGLES TO THE PRECEDING COURSE, A DISTANCE OF
295.93 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.17
ACRES, MORE OR LESS.
SOUTHERLY FROM, MEASURED AT RIGHT ANGLES TO, THE EAST-WEST
EAST-WEST QUARTER SECTION LINE OF SECTION 12; THENCE WESTERLY
A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER OF SECTION 12,
TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
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Date Prepared: April 26, 2006
Ordinance 17, 2006
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COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER
OF SAID SECTION 12; THENCE SOUTH 01’33’35’’ WEST ALONG THE EAST LINE
OF THE SOUTHEAST QUARTER OF SAID SECTION 12 (THE EAST LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 12 IS ASSUMED TO BEAR SOUTH
01’33’35” WEST AND ALL OTHER BEARINGS STATED HEREIN ARE RELATIVE
THERETO) A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTHERLY RIGHT
OF WAY LINE OF BURNS ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK
821, PAGE 542 AND OFFICIAL RECORDS BOOK 1508, PAGE 255, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 88’29’38”
WEST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 171.93 FEET TO A
POINT ON THE WEST RIGHT OF WAY LINE OF INTERSTATE 95 (STATE ROAD
NO. 9) AND THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED
PARCEL OF LAND; THENCE CONTINUE NORTH 88’29’38” WEST A DISTANCE OF
50.78 FEET TO A POINT ON A CURVE CONCAVE TO THE WEST, HAVING A
RADIUS OF 3219.60 FEET, A CENTRAL ANGLE OF 05’40’36” AND A RADIAL
BEARING AT THIS POINT OF NORTH 05’17’34” EAST; THENCE SOUTHERLY
ALONG THE ARC OF SAID CURVE AND EASTERLY LINE OF A PARCEL OF LAND
DESCRIBED IN OFFICIAL RECORDS BOOK 821, PAGE 542, PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 318.99 FEET; THENCE
DEPARTING SAID CURVE NORTH 88’29’38” WEST PARALLEL WITH THE NORTH
LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 12 A DISTANCE OF
541.79 FEET; THENCE SOUTH 01 ‘30’22” WEST A DISTANCE OF 264.21 FEET TO
A POINT ON THE NORTH LINE OF THE THOMPSON RIVER (I00 FOOT RIGHT OF
WAY); THENCE SOUTH 88’22’05” EAST ALONG THE NORTH LINE OF THE
THOMPSON RIVER A DISTANCE OF 562.43 FEET TO A POINT ON THE WEST
RIGHT OF WAY LINE OF SAID INTERSTATE 95; THENCE NORTH 01’33’35” EAST
ALONG SAID INTERSTATE 95 RIGHT OF WAY LINE PARALLEL WITH THE EAST
LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 12 A DISTANCE OF
179.49 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE
WEST, HAVING A RADIUS OF 3669.83 FEET AND A CENTRAL ANGLE OF
06”16’01”; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND RIGHT
OF WAY LINE A DISTANCE OF 401.41 FEET TO THE POINT OF BEGINNING.
SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS OF
WAY OF RECORD.
CONTAINING IN ALL 3.672 ACRES.
CONTAINING IN ALL 49.51 ACRES, MORE OR LESS
The Bioscience Research Protection Overlay (BRPO) Area:
CONTAINING 591.04 ACRES. MORE OR LESS
SECTION 3. The City’s Growth Management Administrator is hereby directed to
transmit the proposed Comprehensive Plan Amendment and supporting data, analysis,
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Date Prepared: April 26, 2006
Ordinance 17, 2006
and other relevant material, which is attached hereto as Exhibit A, to the Department of
Community Affairs of the State of Florida and other appropriate public agencies, and
upon adoption of this Ordinance is further directed to ensure that this Ordinance and all
other necessary documents are forwarded to the Florida Department of Community
Affairs and other agencies in accordance with Section 163.31 84(3), Florida Statutes.
SECTION 4. The effective date of this plan amendment shall be the date a final
order is issued by the Department of Community Affairs or Administration Commission
finding the amendment in compliance in accordance with Section 163.31 84( l)(b),
Florida Statutes, whichever is applicable. If a final order of noncompliance is issued by
the Administration Commission, this amendment may nevertheless be made effective
by adoption of a resolution affirming its effective status, a copy of which resolution shall
be sent to the Florida Department of Community Affairs, Division of Community
Planning, Plan Processing Team. An adopted amendment whose effective date is
delayed by law shall be considered part of the adopted plan until determined to be not
in compliance by final order of the Administration Commission. Then, it shall no longer
be part of the adopted plan unless the local government adopts a resolution affirming its
effectiveness in the manner provided by law.
[THE REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK]
PASSED this day of , 2006, upon first reading.
PASSED AND ADOPTED this day of , 2006, upon
second and final reading.
CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT
BY:
Joseph Russo, Mayor
Jody Barnett, Vice Mayor
Eric Jablin, Councilmember
David Levy Councilmember
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Date Prepared: April 26,2006
Ordinance 17, 2006
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Hal R. Valeche, Councilmember
ATTEST:
BY:
Patricia Snider, CMC
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
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Comprehensive Plan Citizen Courtesy Information List Page 1 of 1
Citizen
Name
Comprehensive Plan Citizen Courtesy Information List
a Check
Address, city, Appropriate Identify Amendment
State, zip Code Response@) which is of Interest pqpq
Comment Comment
Local Government: I of QnM ,I l3QuLw
Hearing Date: 22
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1\ Type Hearing: TrartmdLiai (Fr oposea) Adepkm- ReC
DCA Amendment Number: (DCA Official Use)
Please Print Clearly
http://www.dca. state. fl.us/fdcp/dcp/Procedures/Citizen%2O~ourtesy%2OInformation%2OList. htm 8/10/2006
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.