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HomeMy WebLinkAboutAgenda PZAB 082206Citv of Palm Beach Gardens J I;' I August 22,2006 I. I mndoljh Hansen Dennis SoCnnon Craig Xunklk N ichaeC panctak ~ouglbs PenneK Barry Present Jonathan D. Ru6in.s ll - A I, Joy Hecht (is' Ah?.) dmir xaneC(P Ah?.) f I I AGENDA CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS BOARD TUESDAY, AUGUST 22,2006, AT 6:30 P.M. COUNCIL CHAMBERS 1 I CALLTOORDER I ( 0 PLEDGE OF ALLEGIANCE I 0 REPORT BY THE GROWTH MANAGEMENT ADMINISTRATOR: KARA IRWIN I I 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.) .1_c T .(. it I Planning, Zoning and Appeals Board August 22,2006 c I I I Public Hearing and Recommendation to City Council: Petition LDR-05-08: LDR Text Amendment - Development Name and Address Standards 1. i (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) I 2 Planning, Zoning and Appeals Board August 22,2006 5. NEW BUSINESS 6. ADJOURNMENT i 1 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 t 1 I I ' I ' Management Department. Coinmodpz agenda 8-22-06 doc I I I I' 3 a a a a a a a a a a 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: I 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 1 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 I I 1 I 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, I I Zoning and Appeals Board: Present 1 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.) - ! i 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. 0 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. 1 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 t ! i Joy Hecht ! 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. 2 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 - ***** 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 P 13 I uu LA I or as otherwise approved by the 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 3 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 4 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 I 4 5 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. 0 STAFF RECOMMENDATION Staff recommends APPROVAL of Petition LDR-05-08/0rdinance 23,2006. 6 Date Prepared: August 16,2006 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 6 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 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. 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 6 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 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. * * * 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 $ - 11 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 4 -1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 6 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 ... (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 c 3 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 a 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 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 W 0 rn r Z D K m % 2~ f 3 3 0 cn I P I Z 0 rn rn D -I x1 n XI D rn r -I n c P 3 2 n J m A jJ P P 1 n- QO- 3 u< $1 1 b VI h) P h) 0 0 0 0 0 ul VI R 2 ul h) P h) R -L h) 0 0 0 0 0 ul 0 w 0 ul h) P 0 0 -l 0 0 0 0 0 -l w R 8 - 0 !i x 0 I U r rn n x Qo 3 3 ul h) P 5 ul h) R R -L h) 0 0 0 0 0 0 00 0 -L - 0 0 = m C ;o z cn b i3 D U r r 3 VI tu P 0 P h) 0 -l 0 0 0 0 0 rf N N 0 -5 0 A b P v) I a rn z 0 a I I U P - rn r 6 r C z 0 - 0 0 0 0 m 0 f F L 0 n 3 0 CI h) 3 !A u !2 mo n 4z in f 00 00 00 00 oh) m-4 00 ul h) P ul h) P h) 0 -4 0 0 0 0 0 -4 0 0 0 8 ul h) P h) 0 ul h) 8 R 0 ul h) P -l 0 0 0 0 0 -4 0 w 0 e k 0 F-- i m x x1 rn z rn E m C ?p 0 E D 3 < I -I XJ 90 0 0 n r in 2 r r 0 3 x) b ? m VI 3ul $34 02 nvl wD u) 15 I L 0 - - VI N 0 w 0 4 h) N 0 0 0 0 0 w 0 8 - x P 5 =i v) 0 I c v) - - - UI N P w 0 -I N N 0 0 0 0 0 N 0 8 - E X 0 rn < m v z m z -I r c 5 s - P 0 0 m Z v) 0 0 Z U 0 0 - % z m I 0 c v) rn c z -4 N 5 - W N P E 2 5 a C C C C C VI a iJ 3 3 3 3 3 3 r) 3 n n I h N 0 0 0 a 2 0 P 0 -1 C c G: C - r TI ill m m 2 1 r 0 c i rr 0 n -I 3 - m i m ;II I - r i 3 U a, (0 (D r U r -I U i 3 n > P' ru 0 w n 3 u w 0 0 3 A b O I 8 5i C -I I W x r) Z -I A m m i I zi I -I I - 3 1 U x 0 z -I n 5 rn rn 1 '0 n Z -I n -I m rn r 0 z -I ;D m m g; Y 3 7 f c i 2 .. T 2 n 2 r I f d E m X r i N n ;o m r 4 v1 n ;II - I u r -I w -L Po P -L -L r -I -L m 2 3 (D w ul 0 0 0 r 0 0 ul h) k R 0 w 0 h) 0 0 0 0 -3 -3 -L Ul h, k R 0 I I I I I 4 I I I 4 C I I t : z ! ! G L i 1 1 i I a I : -3 0 0 0 0 0 w 0 w 0 0 0 = 3 C 5 i rn v) z ; h -3 03 'E 0 '0 0 0 W c, D U 2 ul 0' 0 -3 9 r z m rn 4; % I 0 U z v) rn 73 n, (D (D r L F P) R 3 lD - ul h) P h) 0 0 R 2 -L VI h) R R 0 0 0 0 0 0 Ln 0 ul 0 -L ul h) R R 0 0 0 0 0 0 -L VI h) P 0 P h) 0 0 0 0 0 Ir: ul h) -L -L h) 0 0 0 0 -L 0 h) 0 -L 0 0 P 0 0 0 z 0 I rn z z 2 'p G) z D D z 0 z -I I 0 n 0 n 0 n 0 n r r o I 0 D 3 I XI n - 0 n 3 ? ! K a 3 3 -L 3 n 0 n 0 n I r n 4 03 a v, 'El D XJ rn 3 !3 F rn r v) -I z a W w .. m r z D s m 35 m VI h) P h) 0 0 0 0 0 e 4 z 2 0 I I W W 0 rn I 3 z cn ;P 6 P e m C 3 D r 0 n n z r r 0 E; : 73 n, ul CD 4 4 r L I 3 4 5 6 7 8 9 IO I1 12 13 14 15 16 17 18 19 20 21 22 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 2 3 4 D this /3- day of 6. I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 -- :/ --- J --- e \\Pbgsfile~tlorney\atlorney_share\RESOLUTlONS\SCRlPPS - reso 27 2006 - - 2-13-06-2.d~ t i 1 2 01 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 0:: 25 26 27 28 29 30 31 32 33 34 35 36 37 39 40 41 42 43 44 38 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 1 2 3 4 5 6 7 8 9 IO * 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 236 37 38 40 41 42 43 44 . 45 46 39 I . -. *I 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 - ($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. 1 i (The remainder of this page left intentionally blank) ,. 2 i Date Prepared: February 17,2006 Resolution 29,2006 PASSED AND ADOPTED this J*day of /2eg &w ,2006. 3 4 CITY OF PALM 5 6 7 BY: 9 ATTEST: a 10 11 12 BY: 13 Patricia Sniaer, CMC, City Clerk . 14 15 16 17 LEGAL SUFFICIENCY 18 APPROVED AS TO FORM AND 19 20 BY: 21 Christine P. Tatum, City Attorney 25 26 VOTE: AYE NAY ABSENT 27 J 28 MAYOR RUSSO --- 29 J 30 VICE MAYOR JABLIN --- 31 J 32 COUNCILMEMBER LEVY --- 33 J 34 COUNCILMEMBER VALECHE --- 35 / 36 COUNCILMEMBER BARNETT --- 37 38 39 / 40 41 42 43 44 46 \\pbgsfile\Attorney\attorney_share\RESOLUTIONS\interlocal agmt with pbc -scripps funding-reso 29 2006.doc I “, , ’ +. ., .. EXHIBIT “A” I I Date Prepared: February 17,2006 Resolution 29,2006 I, I I I i Date Prepared: February 9, 2006 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 26 17 18 19 20 21 4s 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 1 1 2 3 & PASSED AND ADOPTED this 1.3- day of ~%&WJA.~ ,2006. 'd) i i CITY OF PALM BEACH GARDENS, FLORIDA I 71 ATTEST: 12 16 Patricia Snider, CMC, aty Clerk 17 18 19 PROVED AS TO AL SUFFICIEN 21 22 h (-#a /sL c 23 24 BY: ~ 25 Christine P. Tatum, City Attorney 26 27 . 28 29. VOTE: AYE NAY ABSENT 30 32 J 33 VICE MAYOR JABLIN --- 34 J 35 COUNCILMEMBE --- 36 / 1 37 COUNCILMEMBERVAL --- 38 J 39 40 41 42 43 44 45 31 MAYORRUSSO J-- --- 46 \\PbgsIile~ltor~ey\altorney_share\RESOLUTIONS\SCRIPPS - reso 27 2006 - - 2-13-06-2 doc !Q E 2 r 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 1 .. . - . .. . .. . ._ 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, 2 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: ,e 3 . . . 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: I 1 (a I 1 I I I I I 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 4 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 ‘0 A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and 5 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 6 EXHIBIT "A" RESOLUTION 7 Date Prepared: February 9, 2006 1 2 3 4 5 6 7 8 9 10 I? 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PASSED AND ADOPTED this /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 \\Pbgsfile\Allorney\allorney-s hare\RESOLlJTIONS\ AYE NAY ABSENT -- J --- J --- J --- PF .. . reso 27 20% - . 2 lOC EXHIBIT ‘‘6” LOCATION MAP I b 8 ‘8 r I ,-.. Date Prepared: March 1,2006 I.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 \& 25 26 27 28 29 30 31 32 33 34 35 36 37 30 39 40 41 42 43 44 45 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 1 2 3 4 5 6 7 '8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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. (The remainder of this page left intentionally blank) 2 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 (6: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 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 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 G.\WPDATA\LANDUSRRBANKS\wipps\SCRIP~ mull1 dly interlofa1 229.doc ........................... -."--.--.-.YIIL-- -.--_-_ . _--- ........... .. tion Overlay e .. . .. i 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 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 6: 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 4: 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 1 ’.: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (4: 5 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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. [The remainder of this page left intentionally left blank] I 4 I 1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (6: 5 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 fa: 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 , 44 , 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 1 b: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ;a: 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 1 m: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (e: 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 *** 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. [The remainder of this page left intentionally left blank] 3 .I 1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (& 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 4 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. @ 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. 1 w 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ‘a; 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 0“ 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 1 y: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (6: 5 26 27 28 29 30 31 32. 33 34 35 36 37 38 39 40 41 42 43 44 45 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. 2 Date Prepared: April 20, 2006 Ordinance 20, 2006 1 @: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (6: 5 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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] 3 Date Prepared: April 20, 2006 Ordinance 20, 2006 1 4 5 6 7 8 9 10 11 12 14 15 16 17 18 19 20 21 22 23 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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. C T 0 fc G T bi fc 9‘ - SI r di - 0 O1 C ac CI 0 P; *: 2. te at in sr 8 TI in 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 I i; - I *> 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 p. 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’ 0 ~~ Avaihble Propertier YAM WID - MmED ready now with corlcurrcncq LAND - 1.650 auos BUILDIW-~,W,~~.~. YAW LRND without entitlements LAND. 1.W auos BUILDINGS - 11.7D.500 g. It. TrmL LAND - 5.432 aum BUILDINGS - w.x.s.m 9.11. Y 1.5 MRE CLum 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’ t 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 11 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 12 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. 1 Figure 17 Commute Time (in Minuter) 35 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 15 . 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 i & 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: November 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, (\ ‘2 Date Prepared: November 18,2004 Resolution 217,2004 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (I\:@; 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 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: I. .2. 3. 4. 5. 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. *. 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) 42 43 2. 44 45 The applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (City Engineer) 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 3. 4. 5. 6. 7. 0. 9. 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) 4 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ( ,& 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 14. 15. 16. 17. 18. 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) 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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) 6 1 i 2 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 11 12 13 14 15 16 17 18 19 20 21 22 23 ,, * 24 25 26 27 28 29 30 31 West Building (four-story) Office use: 45,500 square feet Financial use: 2,500 square feet Total square footage: 48,000 26. 27. 28. 29. 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 , 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 3 30. 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 2 3 4 5 6 7 8 9 10 11 12 13 , 14 15 16 17 18 19 20 21 22 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: 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. 7 2 3 4 5 6 7 8 9 I1 12 13 14 15 16 17 18 19 20 21 22 I 10 ( (:a 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 I I 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. ? I 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 I 34 35 36 37 38 ,39 I 40 41 42 43 44 45 46 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’. 2 1% 3. 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 [ (6 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 -~ 41 42 43 44 45 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 1-4 5 6 7 a 9 10 I1 12 28 .O% 28.5% 29.0% 29.5% 30.0% 31.25% 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. 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I9 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ** 4 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) 4 Date Prepared: January 25,2006 Resolution 19,2006 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 ’ [ (@ 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 17. i a. 19. 20. 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 5 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22. 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ... .. - -. . ., - . _. . - . . . Date Prepared: 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. 6 Date Prepared: January 25,2006 Resolution 19,2006 2 3 4 5 6 7 8 9 10 I? 12 13 14 15 16 17 18 19 20 21 25 26 7 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 7 1 -2 3 4 5 6 7 8 9 10 I1 12 13 14 .I5 16 17 18 ' 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 %O 41 42 43 44 45 46 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 8 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 9 i Date Prepared: January 25,2006 Resolution 19,2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 4 5 16 17 18 19 20 21 22 23 24 25 26 ,, I i 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. 27 28 29 30 31 32 33 34 35 36 37 2 38 *39 ’ 40 41 42 a 43 44 45 46 (The remainder of this page left intentionally blank) i\ (( 10 Date Prepared: January 25.2006 Resolution 19,2006 ,2006. PASSED AND ADOPTED this dM day of Md 2 3 4 5 6 7 $9 a IO ATTEST: CITY OF PALM BEACH GARDENS, FLORIDA BY: 4 11 12 13 14 BY: 15 Patricia Snidkr, CMC, City-Clerk 16 17 18 19 20 LEGAL SUFFICIENCY 21 -. APPROVED AS TO FORM AND 1 @ 24 BY: 25 26 Cnstine P. Tatum, City Attorney 27 28 29 VOTE: 30 31 MAYOR RUSSO 32 33 VICE MAYOR JABLIN 34 35 COUNCILMEMBER LEVY 36 37 COUNCILMEMBER VALECHE 38 39 COUNCILMEMBER BARNETT 40 41 42 43 44 AYE NAY ABSENT J --- --- J --- J --- d \\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) 25 32 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 2 3 4 5 6 7 8 9 IO I1 12 13 14 15 16 17 18 19 20 21 22 25 26 27 28 29 30 31 32 33 34 35 36 37 39 40 41 42 43 44 45 38 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 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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. 2 ... Date Prepared: October 19,2005 Resolution 166,2005 ‘(a1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 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 16 1. 17 18 19 20 21 22 ‘I s 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 3 1 Date Prepared: October 19,2005 Resolution 166,2005 I 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 31 32 -33 34 ' 35 36 37 ' 39 40 41 42 43 44 45 46 q30 - 38 3. 4. 5. 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. ' (Planning & Zoning) 4 '( i (4 1. I I ;:t I Date Prepared: October 19,2005 Resolution 166,2005 a. 2 3 4 5 6 7 9 9. a 10 12 13 14 15 16 17 18 19 20 21 22 14% 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 l 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 ) 5 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 39 40 41 42 43 44 45 46 38 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) 6 Date Prepared: October 19,2005 Resolution 166,2005 2 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 20 21 1 12 r& 4 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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) 7 t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 I I I Date Prepared: October 19,2005 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) 8 2 3 4 5 6 7 8 9 10 I 11 12 13 14 15 16 17 18 19 20 21 22 (I@; 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 29. 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) 9 i .. r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32. 33 I34 ” 35 36 37 38 39 40 $41 ~ 42 43 44 45 46 Date Prepared: October 19.2005 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) I. 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. 10 I Date Prepared: October 19,2005 Resolution 166,2005 ( ‘01 2 3 4 5 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. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 , ll@ 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 PASSED AND ADOPTED this /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 I1 \\PbgsfileV\ttorney\attorney-~hare\RESOLUTlONS\5A - reso 166 2005-as amended-12-1-05.doc .. L i aI . ,., ,*. , , . . . , i 2 3 4 5 6 7 8 9 IO ?I 12 13 14 15 16 17 18 19 20 21 22 ‘ 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ,27 28 29 30 31 32 33 34 35 36 37 38 . 39 40 42 43 44 45 46 41 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. 2 , 2. 2 3 4 5 6 7 3. 8 9 IO 4. I1 12 13 5. 14 15 16 17 6. 18 19 20 7. 21 22 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. 8. 25 26 27 f 28 29 30 31 32 33 34 35. 36 37 38 39 40 41 42 43 44 45 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) 3 Il- 31 l 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .. 29 30 32 33 34 35 36 .37 38 ' 39 ' 40 41 42 43 44 45 46 3. 4. 5. 6. 7. 8. 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) I The Applicant shall provide the City copies of all permit applications and approvals. (City Engineer) .. 4 . __ . . . __ .. , .. .. 2 3 4 .5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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. , 5 1 2 3 ’4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 * 39 40 41 42 43 44 45 46 Date Prepared: 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) !( 6 b ! ! ! I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 , 22 1; a 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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) - 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 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 ,37 38 39 40 41 42 43 44 45 46 17. 18. ~ 19. 20. 21. 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) 8 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 I9 20 21 42 43 44 45 9 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 /. 1x31. 2 3 4s32. 5 6 7' 8Z33. 9 IO 11 12 13 14 15 16 17 18 19 20 21 -22 23 2& 34. 24 .2 5 26 27 28 29 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) 36 37 Planning & Zoninq 38 39 XI7 40 41 42 43 44 45 46 - 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 I( \ 10 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 Il /g 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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. b. C. d. e. f. g- h. I. j. 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) I1 1% 2 3 4% 5 6 7. 8 9 10 I1 12 13 14 3Z 15 16 17 18 19 2% 20 21 22 23 24 & 25 26 27 ‘2 8 29 30 3% 31 32 33 34 ‘35 36 37 38 39 40 41 ,42 43 44 45 46 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) 12 2 3 4 5 6 7 8% 9 10 48: 11 12 13 14 15 16 4-2 17 18 I9 20 21 , 22 ,&a 25 26 27 28 43- 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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) 13 Date Prepared: February 2,2006 Resolution 26.2006 144, 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 i rw 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) 1 11 I i 14 Date Prepared: February 2,2006 Resolution 26,2006 Miscellaneous 2 3 4 5 6 7 8 9 +IO 11 12 13 14 15 16 17 18 19 20 21 ;&! 25 26 27 28 29 30 \ 31 45, 55. Required digital files of the approved replat shall be submitted to the Planning and Zoning Division prior to the issuance of the first certificate of occupancy, and approved civil design and architectural drawings shall be submitted prior to the issuance of the first Certificate of Occupancy. (GIs Manager, Development Compliance Officer) 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. . 32 33 SECTION 6. This approval shall be consistent with all representations made by the Applicant or Applicant’s agents at any workshop or public hearing. 42 43 44 45 34 35 36 37 38 39 40 41 SECTION 7. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) I 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 ,I9 20 21 22 .23 24 25 26 27 28 30 31 32 33 34 35 r 29 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 --- t 37 38 39 t . 40 41 42 43 44 45 i t 46 47 \\pbgsfile\Altorney\attorney~share\RESOLUTlONS\rca pud master dev amend - reso 26 2006-as amended 4-20-06-final.doc 16 Date Prepared: May 22,2006 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 L1 , 22 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 1 2 3 4 5 6 7 8 9 10 11 12 14 15 16 17 I 18 20 21 22 t 23 1 24 25 26 28 29 30 31. 32 ' 33 34 3 35 36 37 F 38 40 41 42 43 i 44 i 45 46 , t 1 t 13 t 1 19 L r 27 t 39 I^ I I 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 2 2 3 4 5 6 7 8 9 IO I1 12 13 14 >I5 16 17 18 19 20 21 22 I' 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 F.'" .I 42 43 44 45 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: 3 Date Prepared: May 22,2006 Resolutlon 53,2006 I Enaineerinq 2 3 4 5 6 7 8 9 10 11 '1 2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 , 27 29 30 31 I 32 + 33 34 ' 35 36 37 38 39 -40 41 42 43 44 45 46 28 . I. 2. 3. 4. 5. 6. 7. 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) 4 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 a ile 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 I! 0" a. 9. IO. 11. 12. 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) 5 Date Prepared: May 22,2006 Resolution 53,2006 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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) 6 B .- (a 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 \Jg 25 26 27 28 29 30 31 32 33 34 35 36 37 38 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) 39 40 41 42 43 (City Forester) 44 45 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. 2. .x, 1 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 '31 32 33 .34 35 36 37 38 39 - 40 - 41 42 * 43 44 45 46 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) 8 " .t 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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. 9 I 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 . 39 40 41 42 43 44 45 46 47 Date Prepared: 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 ._ .. ._ . .. - . , 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 (&’ 4 25 26 27 28 29 30 31 32 33 34 35 36 ” 37 38 39 40 41 42 43 44 45 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, 1 ,2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I 17 18 19 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. 20 21 22 23 24 25 26 27 28 29 30 31 32 + 33 34 35 36 37 . 38 39 40 41 42 43 44 45 46 (The remainder of this page left intentionally blank) 2 ‘i( 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 I:@ 25 26 27 28 29 30 31 32 33 34 35 ! + 36 37 38 39 40 41 42 43 44 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 I I SITE PLAN LANDSCAPE PLAN t - SEN1 B RfCtlVlylY: I 1 L f I. t, II COMPANY" J -- -.I_- - --- REQUESTED lY JOI# JOB NAME @D DELIVERY ZISPEC IOOKS 9MAll OSIGNED I SEALED UCLIENT PICK-UP ZCAMERA-READY All ours U-- TJIXrRESS MAIL AMOUNl DUE J PRINTIMYLAIISIPIA I 1 I 1 I I [MASTER PLAN I I I I 1 I I I TA 1 REMARKS -A The Lons ai Csly Place 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 tvlaiaihwi. It S3050.2??7 lzullalrawr. ll 17~!l'~.?luU 1JIIJhA>>Cr. 11 3239Y-1 2555 Shurnad Oak Ruulrvad ?555 Shuntaid Oak Riiulpvaiil ., * . ,'> .. , :1OSl ?H9.?40? laso) 4aa.2150 W50) 4: 1.7')b') Inm 3:' 7w : t., ' ' . .. I . , ..... . 1 ! ,I ! I -i i i t I .. I. I 1 ! ! i t I 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. * $*&, /, G Uobs\PGA NaIionaI\Bu~ldou~\Appl~ca~~on Inro\clly 111 0x0305 wpd LCC3J 1. 1 I /' PGA National Buildout August 5,2005 Page 2 Development within the PGA DRI has been in accordance with the DRI Development Order, as amended. The uses, internal roads, parking, recreational facilities, stormwater management system, and waterkewer facilities are consistent with the Development Order, as amended, and applicable regulations, and the required annual report for the period from October 1, 1997 to March 13,2005 has been submitted. The transportation obligations have also been fulfilled, except for the signalization of the intersection at Northlake Boulevard and Hiatt Drive which is not yet warranted, and certain obligations related to Ryder Cup BoulevardlJog Road which are also not yet required. The proposed Essentially Builtout Agreement includes a provision requiring the transportation obligations which have not yet been satisfied to be fulfilled. The continuing obligations are provided for by Exhibit B of the Builtout Agreement and are taken directly from the approved development order. The Builtout Agreement has been drafted with input from both DCA and city staff. The current agreement has been reviewed by both legal departments. In accordance with the DCA’s request, additional traffic analysis was provided to demonstrate that the remaining unbuilt use would not be significant on any impacted link. Please see Attachment B of this letter. This was in addition to the previously submitted traffic analysis (Kemper correspondence dated May 12,2005), in accordance with DCA’s request to show a comparative trip generation analysis of development approved by the 1978 Development Order and by the currently approved development and by the development constructed to date. Please note that analysis indicated that the development constructed to date together with the development requested in the Essential$ 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. I f 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 I r 3; I 1 ^^ "2 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 I ; ’* i, ‘f 1,. 8 b 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 I home beds, and 3.26 acres of institutional or civic uses; and 1 *” 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 I t 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 ,. , 1. t t Boulevard/Jog Road, the conditions precedent for which have not yet occurred; and TAL521 64:5 2 A 1- * I. k #’ 4 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. 3 f .c 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. ‘ 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 I . 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. t I ? TAL:52164:5 4 .. .- . . ... .. * 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 5 . ... . . . b. -. I’ I * 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) 6 1. L t*v 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 TAL.52164 5 7 I 1. J ; DEPARTMENT OF COMMUNITY AFFAIRS Date: Y/2b/,6 STATE OF FLORIDA COUNTY OF LEON ,2005 as identification. il L. TAL521645 8 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 I ! t 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. I’m 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 1 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 2 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 3 b 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 4 ,I (‘0 - 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 - * 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. TAL:52348:2 5 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ‘4 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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. 1 2 3 4 5 -6 7 8 <9 10 11 12 13 14 15 16 17 18 I9 20 21 22 23 24 25 26 27 28 29 30 31 32 .33 34 35 36 37 38 39 40 41 42 43 44 45 46 Dale Prepared: 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 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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. 2. 3. 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. 4 -- . .. :.I 2 3 4 5 6 7 8 9 IO I1 12 13 14 15 16 17 18 19 20 21 I (16; 24 25 26 27 20 29 30 31 32 33 34 35 36 37 39 40 41 42 43 44 45 38 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 ) 5 I 2 3 4 5 -6 7 9 10 11 12 13 14 15 16 17 18 I9 20 * 21 22 23 24 25 26 27 28 29 ' 30 31 32 33 34 35 36 I 37 38 39 40 41 42 43 44 45 46 a 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) 6 I ~ I I i 'I I 1 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 e 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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) 7 1 2 3 4 5 6 7 8 9 ' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 -' 40 41 42 43 44 45 46 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) 8 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 I& 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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) 9 I 2 3 4 5 6 7 8 9 10 11 12 ,I3 14 15 16 , 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 39 40 41 42 43 44 45 46 . 38 Date Prepared: 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 1. 3. 4. (4; 4 .25 26 27 November 10,2005. 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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. 6 * -7 ., 8 9 .I 0 I < . 1-1 ~ 12 13 14 -15 '16 17 18 I9 20 .21 22 23 24 25 26 27 28 29 30 - 31 I 32 33 34 * 35 36 37 38 39 40 41 42 43 44 45 46 47 W*i~ &, 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. 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Z 0 . --I I rn n < m ;D 0 rn ;D - 0 Q ATTACHMENT ‘I’ ;,a 2 3 4 5 6 7 9 IO I1 12 13 14 15 16 17 18 19 20 a (4 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: March 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) 2 9 \ (01 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 r 21 a ([ 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 I 1 t _. -. --- T i 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 tion Overlay ATTACHMENT ‘J’ a, Q 0 L n m L + 0 c a, > c + S a, E Q 0 - a, > a, 0 c) .. 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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 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (a: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 2 Date Prepared: April 26, 2006 Ordinance 17, 2006 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 i3: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 3 Date Prepared: April 26, 2006 Ordinance 17, 2006 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (6: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 4 Date Prepared: April 26, 2006 Ordinance 17, 2006 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 6: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 5 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 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (@ 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 6 Date Prepared: April 26, 2006 Ordinance 17, 2006 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 I@ 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 7 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 6 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 (6 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (4: 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (64 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .;: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (6: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (6 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 13 1 (6 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 16; 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 14 I (6 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (6: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (6; 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 16: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ,& 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 19 Date Prepared: April 26, 2006 Ordinance 17. 2006 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 t 6 L5 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 20 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 /@ 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 21 Date Prepared: April 26, 2006 Ordinance 17, 2006 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 13: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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: 22 Date Prepared: April 26, 2006 Ordinance 17, 2006 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 25 26 21 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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, 23 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (& 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 24 ,. Date Prepared: April 26,2006 Ordinance 17, 2006 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Hal R. Valeche, Councilmember ATTEST: BY: Patricia Snider, CMC City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney 25 0 II W F;? 0 D 0 I m A N 0 3 I' 3 II r I L t V 0 0 1 V 0 D 1; ul COCONU I I n q241 E RN6 QE H I C I Y 1 L? N- 00 DD *ii€ X I A a D a d h i 8 I 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 V -. n 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.