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HomeMy WebLinkAboutAgenda P&Z 051308CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698 MEMORANDUM DATE: May 13,2008 TO: Planning, Zoning and Appeals Board Members FROM: Growth Management Department SUBJECT: Planning, Zoning and Appeals Board Meeting Tuesday, May 13,2008 - 6:30 P.M. Enclosed is the agenda containing the items to be presented on Tuesday, May 13, 2008. This meeting will be held in the Council 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 stareport 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. T Kara .Irwin,AICP Growth Management Administrator CITY OF PALM BEACH GARDENS PLANNING, ZONING, AND APPEALS BOARD Agenda Cover Memorandum Originating Dept.: Growth Management: Date Prepared: April 10,2008 Meeting Date: May 13,2008 PUDA-07-08-000009 Finance: SubiecUAgenda Item: Advertised: Paper: Palm Beach Post Date: May 2,2008 [XI Required [ ] NotRequired Affected Parties: [XI Notified [ 3 Not Required PUDA-07-08-000009: Paloma Planned Unit Development Amendment Public Hearing & Recommendation to City Council: A request by Anne Booth, agent for M/I Homes of West Palm Beach, LLC, to modify Resolution 196,2004. The modifications are related to pedestrian lighting along Hood Road, the removal of the requirement for a six-foot clear zone for access between the single-family homes, and arequest for a waiver to allow additional entry signage for the project. The Paloma Planned Unit Development (PUD) is approximately a 156.47-acre tract of land located at the southwest corner of the intersection of Hood Road and Military Trail. Funding Source: [ 3 Operating [XI Other& Budget Acct.#: NIA [XI Recommendation to APPROVE with two waivers [ ] Recommendation to DENY Reviewed by: City Attorney Christine Tatum Development Compliance Bahareh Keshavarz-Wolfs, AICP Growth Management Administhtor: Kara L. Irwin, AICP Approved By: City Manager Ronald M. Ferris PZAB Action: [ 3 Approved [ ] App. w/ conditions [ ]Denied [ 3 Rec. Approval [ ] Rec. app. w/conds. [ ] Rec. Denial [ 3 Continued to:- Attachments: Resolution 196,2004 Ordinance 39,2004 Project Narrative Reduced Plans Photographs of signage Palm Beach County Memo Seacoast Memo Date Prepared: April 10, 2008 Meeting Date: May 13,2008 Petition PUDA-07-08-000009 Page 2 of 6 EXECUTIVE SUMMARY The applicant is requesting to amend conditions and exhibits of Resolution 196, 2004. The modifications are related to removing the requirement for pedestrian lighting along Hood Road, the removal of the requirement for a six-foot clear zone for access between the single-family homes, and a request for a waiver to allow additional entry signage for the project. The Paloma Planned Unit Development (PUD) is approximately a 156.47-acre tract of land located at the southwest comer of the intersection of Hood Road and Military Trail. BACKGROUND The Paloma Planned Unit Development (PUD) was approved by the City Council on January 6, 2005, by Ordinance 39,2004, for a rezoning from Planned Development Area (PDA) to PUD, with an underlying zoning of Residential Low -3 (RL-3). The master site plan allowed for 199 single- family homes and 196 multi-family units to be constructed on three parcels, as approved by Resolution 196,2004. LAND USE AND ZONING The Paloma PUD currently has a hture land use designation of Residential Medium (RM) and Residential High (RH) and a zoning designation of Planned Unit Development (PUD), with an underlying zoning of Residential Low -3 (RL-3). The proposed changes to the PUD will not require amendments to the zoning or Comprehensive Plan designations for the property. PROPOSED AMENDMENTS The applicant is requesting to amend conditions and exhibits of Resolution 196,2004. The proposed amendments consist of the elimination of the requirement for pedestrian scale lighting along Hood Road, of the removal of the requirement for a six-foot clear zone for access between the single- family homes, and of a request for a waiver to allow additional entry signage for the project. Condition modification and pedestrian lighting waiver Section 78-1 82 of the City Code requires that pathways and pedestrian open space areas need to be lit. The minimum average that has to be maintained is 1 .O foot candle. However, the applicant is requesting to modify condition of approval number four (4) of Resolution 196,2004, which requires the applicant to install pedestrian scale lighting along Hood Road. Therefore, in addition to the modification of the language of the condition, the applicant is also requesting the following waiver: City Code I Section 78-1 82, Table 1 entitled Foot-candle Standards Code Criteria I Proposed 1 Requested Pathways, pedestrian open Elimination Waiver from of pedestrian spaces, and outdoor seating 1.0 fc scale lighting shall maintain minimum requirement along Hood average of 1 .O fc 1 1 Road Staff Recommendation Approval (1) lo, Date Prepared: April 10, 2008 Meeting Date: May 13,2008 Petition PUDA-07-08-000009 Page 3 of 6 1. Section 78-1 82 of the City Code - Waiver from the 1 .O foot candle lighting standard for pathways, and pedestrian open space areas. 0 Modification of Resolution 196, 2004 of condition of approval number 4 . 4. The applicant shall be required to provide pedestrian scale (maximum fourteen foot (1 4‘) height) lighting along the pedestrian pathways along Military Trail, $!I&&&&, and Central Boulevard. The lighting plan for the meandering pedestrian sidewalk within the parkway/preserve area shall be submitted within thirty (30) days of approval. (Planning and Zoning). Applicant’s Justification: According to the applicant, they have been successful with the installation of the pedestrian scale lighting, which is at a 0.6 foot candles along Central Boulevard, Military Trail and within the community. The lighting levels are lower than the current code requirement, because at the time of the approval of the Paloma PUD the code did not have the current one foot candle requirement. The applicant has not been successful in installing the pedestrian lights along Hood Road, as the only area which would remain unencumbered by easements and would allow for the installation of the pedestrian lights is within the Palm Beach County Right-of-way (ROW) of Hood Road. The sidewalk along Hood Road was constructed by Palm Beach County with the recent expansion of Hood Road, and meanders, according to code, within the right-of-way. Furthermore, the northern boundary of the Paloma PUD along Hood Road, adjacent to the ROW, is encumbered with 30 feet of Seacoast Utility Authority (SUA) easements, which include major water transmission lines. The SUA has indicated that the lights could be permissible in the easements provided that the minimum separation can be maintained between the pole footer and the pipe (see attached letter). According to the applicant, the lights’ footers can not maintain the minimum four foot separation requirement between Seacoast’s pipes. The southern edge of the SUA easements is 30 feet from the ROW line, and due to the meandering of the sidewalk, the distance from the sidewalk to closest point where a light pole could be installed is between 34-40 feet. If the pedestrian lights were to be installed south of the SUA easement, the height of the light poles would need to be raised and the intensity of the light would need to be increased to 25 foot candles. These light levels far exceed the current code allowances of one foot candle and would cause undue hardship for the adjacent residents. 0 The applicant has researched and entertained the idea of using bollards as an alternative, and has determined that while bollards might meet the separation requirements of SUA. The applicant would not be able to meet the light level requirements on the sidewalk as it meanders away from the ROW line, Therefore, in light of the SUA’S easements, the Palm Beach County ROW was an option where the pedestrian lights could be installed. Unfortunately, Palm Beach County has determined that pedestrian lighting can not be permitted within the ROW, if street lighting is not present (see attached letter). The applicant has looked into purchasing direct burial poles which would not have the same size footer requirements. According to the applicant, the only direct burial poles that are available are concrete and do not match the existing poles, and aesthetically would not be an acceptable Date Prepared: April IO, 2008 Meeting Date: May 13,2008 Petition PUDA-07-08-000009 Page 4 of 6 alternative. The applicant has stated that the concrete poles present an extra weight which could create issues with regard to their proximity to the SUA lines. According to the applicant, in order to meet wind load requirements, direct burial poles are required to be much longer than the aluminum poles. The additional length and weight of the concrete presents an additional risk to the SUA personnel and to the pipes should a water main need to be repaired. Also, additional testing would need to be done to the soil to determine if a footer would be required. If a footer is required, the separation could not be maintained to the SUA line, as previously discussed. Staff Analysis: The applicant has partially fulfilled the requirements of Condition 4 of Resolution 196, 2004, by installing the pedestrian scale lighting along Central Boulevard and along Military Trail. This is due to the fact that, the applicant was able to avoid conflicts with SUA easements on their property, and did not need to place the pedestrian light poles within the ROW. Unfortunately, this was not the case along Hood Road. The applicant has demonstrated that they have worked with Palm Beach County and Seacoast Utilities and have researched possible alternatives to provide pedestrian scale lighting along Hood Road in a similar fashion. Staff has recognized that the SUA existing conditions of the easement encumbrances prevent the applicant from installing the pedestrian scale lights on their property. This is due to the fact that the applicant would not be able to meet the four foot separation between the pipes within the 30-foot easement area. In addition, staff accepts the applicant’s conclusion that bollards would not be effective in properly illuminating the sidewalk, and could possibly create glare for the motorists due to the height of the bollards. Also, the usage of concrete light poles, as stated by the applicant, could pose a threat to the SUA workers due to the weight of the poles. Furthermore, aesthetically, the poles would not be in line with the existing pedestrian light poles. Therefore, the placing of the pedestrian scale lights within the ROW would have been the other second-best location, but due to Palm Beach County’s objection, the applicant has been unable to install the pedestrian lights within the ROW. Staffhas no objection to this condition modzfzcation and waiver request. Sign waiver Section 78-285 of the City Code permits only one residential entry feature or sign per entry into a residential subdivision. However, the applicant is requesting to provide a second entry sign, on each of the three main entry feature wall locations. The entry features are located at the intersections of Military Trail and Victoria Falls Boulevard, Elm Avenue and Hood Road, and Victoria Falls Boulevard and Central Boulevard. Therefore, the applicant is requesting the following waiver: City Code Section 78-285, Table 24 entitled Permanent Signs Code Criteria Proposed One additional sign per entry Only one residential entry sign per entry Requested Two residential entry signs per entry Staff Recommendation Approval (1) 0 0 0 Date Prepared: April 10,2008 Meeting Date: May 13,2008 Petition PUDA-07-08-000009 Page 5 of 6 2. Section 78-285 of the City Code - Waiver to permit a second residential entry sign. Applicant’s Justification: Section 78-285 of the City Code permits only one residential entry feature or sign per entry into a subdivision. The applicant is requesting approval for a second entry sign, on each of the three main entry feature wall locations. The applicant has indicated the second entry sign will allow the residents and the general public to find the project more easily and will help to eliminate confusion on the roadways. Currently, the project name is only on one side of the Elm Avenue and Hood Road, and the Military Trail and Victoria Falls Boulevard intersections and not on the Victoria Falls Boulevard and Central Boulevard intersection. As a result, the project name is only visible from one direction or not at all. According to the applicant, this has caused concern with regard to emergency vehicles, visitors and deliveries. Staff Analysis: Staff has evaluated the applicant’s request and has determined that it is consistent with residential communities in the area which have multiple entrances and two monument sign features. For example, Frenchman’s Reserve, San Michele, PGA National, Bent Tree and Mirasol (Photographs of the entry signage for these communities is enclosed). These are intended to better inform motorists of the location of entry into the development. Staffhas no objection to this waiver request. Removal of six-foot clear zone for the single-family lots within Parcel C The intention of the six-foot clear zone is to provide access to the rear yards of all lots for the purpose of digging, repairing, or otherwise maintaining pools and screens. Applicant’s Justification: In practice, the provision of the six-foot clear zone has presented problems in interpretation of fence setbacks and in some cases has created undesirable corridors between fences. According to the applicant, all single family lots within Paloma have alternate access to the rear yards via open space areas, so the applicant is requesting that the restriction be removed. Staff Analysis: The six-foot clear zone requirement was added to the Paloma development and other developments such as Evergrene, because it was not provided in the Sanctuary development and issues arose requiring access to the existing lakes. The Sanctuary development, unlike Paloma, does not have the number of open space tracts which could accommodate access to the residents’ rear yards. Therefore the six-foot clear zone requirement is necessary in the Sanctuary. In the case of Paloma, clear and unencumbered access was provided to all lakes and rear yards within the development. Therefore, access on each residential lot is not required and creates a negative effect on the individual enjoyment of each residential lot. The residents can access the back of their properties through the open space areas which connect to either the 20 foot water management easement running behind the single family lots around the lake, or to other open space tracts behind the lots that abut the preserves or the ROWS. Staffhas no objection to this request. Date Prepared: April 10,2008 Meeting Date: May 13,2008 Petition PUDA-07-08-000009 Page 6 of 6 STAFF RECOMMENDATION Based on the information provided by the applicant and staffs review of the existing conditions, staff does not object to the proposed modification to Condition 4 of Resolution 196,2004, or to the waiver request to eliminate the pedestrian scale lighting along Hood Road. In addition, staff does not object to the applicant’s waiver request to add the Paloma name to the entry wall features at the following three intersections: Military Trail and Victoria Falls Boulevard, Elm Avenue and Hood Road, and Victoria Falls Boulevard and Central Boulevard. Furthermore, staff does not object to the deletion of the six-foot clear zone note on the plans for the single-family lots. Staff recommends APPROVAL of Petition PUDA-07-08-000009. 01 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 0;; 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 As Amended by Council: January 6,2005 Date Prepared: September 17,2004 RESOLUTION 196,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE MASTER DEVELOPMENT PLAN FOR THE PALOMA PLANNED UNIT DEVELOPMENT (PUD), GENERALLY LOCATED SOUTH OF HOOD ROAD, WEST OF MILITARY TRAIL, EAST OF CENTRAL BOULEVARD, PARCEL 31.04 (MXD), AND INTERSTATE HIGHWAY 95, AND NORTH OF THE SABAL RIDGE PLANNED UNIT DEVELOPMENT (PUD), AS DESCRIBED MORE PARTICULARLY HEREIN, TO ALLOW FOR 199 SINGLE-FAMILY DWELLING UNITS, 196 MULTI-FAMILY DWELLING UNITS, AND ACCESSORY STRUCTURES I USES; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council, as the governing body of the City of Palm Beach Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the City’s Land Development Regulations, is authorized and empowered to consider petitions related to zoning and land development orders; and WHEREAS, the City of Palm Beach Gardens received an application (PUD-04- 05) for a rezoning to Planned Unit Development (PUD) with an underlying zoning district of Residential Low (RL-3) and approval for a master site plan for 199 single-family units and 196 multi-family units on an approximately 156.46-acre site, generally located at the southwest corner of Hood Road and Military Trail, which lies within the municipal boundaries of the City of Palm Beach Gardens, as more particularly described herein; and WHEREAS, the subject site has been zoned to Planned Unit Development (PUD) Overlay with an underlying zoning of Residential Low (RL-3); and WHEREAS, the Master Development Plan was reviewed by the Planning, Zoning, and Appeals Board at a public hearing conducted on July 27, 2004, which recommended approval of the Master Development Plans to the City Council with a vote of 5-0; and WHEREAS, the City Council has considered the evidence and testimony presented by the Petitioner and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City of Palm Beach Gardens; and . .. .. -- I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: September 17,2004 Resolution 196,2004 WHEREAS, the City Council has determined that this Resolution is consistent with the City's Comprehensive Plan based on the following findings of fact: 1. The applicant has met the intent of the City's Comprehensive Plan, and the proposed development is consistent with the Comprehensive Plan. 2. The applicant has demonstrated compliance with the City's Land Development Regulations. 3. The proposed use is not a detriment to the public safety and welfare within the City of Palm Beach Gardens. 4. The applicant has provided adequate screening and buffering in order to mitigate the impact of the proposed development. 5. The proposed uses and site plan are in harmony with the general purpose and intent of the Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The Master Development Plan application for Paloma Planned Unit Development (a.k.a. Parcel 31B) is hereby APPROVED on the following described real property to permit the development of 199 single-family dwelling units and 196 multi- family townhomes, with accessory structures, on a 156.46-acre site located at the southwest comer of Hood Road and Military Trail, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL DE SC R I PTI ON : PARCEL 31.03 A PARCEL OF LAND SITUATE IN SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 1; THENCE SOUTH 88'34'5T EAST, ALONG THE NORTH LINE LINE OF INTERSTATE 95 AND THE POINT OF BEGINNING OF THE HEREIN WAY LINE, A DISTANCE OF 484.81 FEET; THENCE SOUTH 31'40'34" EAST, OF SAID SECTION, A DISTANCE OF 694.49 FEET TO THE EAST RIGHT-OF-WAY DESCRIBED PARCEL; THENCE SOUTH 30'31'49" EAST, ALONG SAID RIGHT-OF- CONTINUING ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 1,199.30 FEET 2 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: September 17,2004 Resolution 196.2004 TO A CURVE HAVING A RADIAL BEARING OF NORTH 58'19'26" EAST, A RADIUS OF 3,180.04 FEET, AND A CENTRAL ANGLE OF 1'05'46"; THENCE PROCEED WAY LINE, A DISTANCE OF 60.84 FEET TO THE END OF SAID CURVE; THENCE DISTANCE OF 280.19 FEET; THENCE NORTH 01'43'40 I' EAST, A DISTANCE OF 1,466.97 FEET TO THE NORTH LINE OF SAID SECTION; THENCE NORTH 88'34'52" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 1,233.20 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE AND RIGHT-OF- SOUTH 88'32'18" EAST, DEPARTING FROM SAID RIGHT-OF-WAY LINE, A TOGETHER WITH A PORTION OF PARCELS 31.04 AND 31.05; A PARCEL OF LAND SITUATE IN SECTION 36, TOWNSHIP 41 SOUTH, RANGE 42 EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 36, THENCE NORTH 88'34'52" WEST, ALONG THE SOUTH LINE OF SAID SECTION 36, A DISTANCE OF 107.00 FEET TO THE POINT OF BEGINNING. THENCE NORTH 88'34'52" WEST, ALONG SAID SOUTH LINE, A 95 AS DESCRIBED IN OFFICIAL RECORD BOOK 5805, PAGE 181 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 30'31'49 DISTANCE OF 456.20 FEET; THENCE NORTH 01'25'08" WEST, A DISTANCE OF 341.92 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 3,100.00 FEET AND A CENTRAL ANGLE OF 13'25'31''; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 726.38 FEET TO A POINT OF A REVERSE CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 1,146.00 FEET AND A CENTRAL ANGLE OF 28'21'19"; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 567.15 FEET; THENCE NORTH 16'20'57" EAST, A DISTANCE OF 957.79 FEET TO A RADIUS OF 1,149.42 FEET, A RADIAL BEARING OF NORTH 15'07'32" EAST AND A CENTRAL ANGLE OF 09'27'21"; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 189.70 FEET; THENCE NORTH 66'38'32" WEST, A DISTANCE OF 1,827.08 FEET TO THE EAST RIGHT-OF-WAY LINE OF INTERSTATE WEST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 30.29 FEET; THENCE DEPARTING SAID EAST RIGHT-OF-WAY LINE NORTH 88'34'52" WEST, A POINT ON A NON-TANGENT CURVE CONCAVE TO THE NORTH, HAVING A DISTANCE OF 316.95 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF CENTRAL BOULEVARD AS SHOWN ON ROAD PLAT BOOK 6, PAGE 88 AND AS DESCRIBED IN OFFICIAL RECORD BOOK 5104, PAGE 945 OF SAID PUBLIC RECORDS, SAID POINT BEING ON A CURVE HAVING A RADIAL BEARING OF NORTH 62"01'30" WEST, A RADIUS OF 1,969.86 FEET, AND A CENTRAL ANGLE OF 27'11'16"~ THENCE PROCEED ALONG THE ARC OF SAID CURVE AND RIGHT- OF-WAY LINE, A DISTANCE OF 934.73 FEET TO THE END OF SAID CURVE; THENCE NORTH 00'47'15" EAST, CONTINUING ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 217.50 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF HOOD ROAD AS DESCRIBED IN DEED BOOK 1083, PAGE 141 OF SAID PUBLIC 3 .. . . . . . ... Date Prepared: September 17,2004 Resolution 196,2004 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 RECORDS; THENCE SOUTH 88'08'02 EAST, ALONG SAID SOUTH RIGHT-OF- WAY LINE, A DISTANCE OF 1,476.78 FEET TO A POINT ON THE WEST RIGHT-OF- WAY LINE OF MILITARY TRAIL AS DESCRIBED IN DEED BOOK 815, PAGE 581, OFFICIAL RECORD BOOK 2353, PAGE 1542, AND OFFICIAL RECORD BOOK 7483, PAGE 1746 OF SAID PUBLIC RECORDS; THENCE SOUTH 43'26'57" EAST, 7483, PAGE 1746, A DISTANCE OF 56.25 FEET; THENCE CONTINUING ALONG FEET; THENCE SOUTH 00'18'53" WEST A DISTANCE OF 250.03 FEET TO A IN OFFICIAL RECORD BOOK 2353, PAGE 1542; THENCE SOUTH 01'13'53" WEST THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 22,858.31 FEET AND A CENTRAL ANGLE OF 02'34'09"; THENCE DISTANCE OF 1,025.00 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 22,978.31 FEET AND A WAY LINE AND ARC OF SAID CURVE A DISTANCE OF 832.17 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 01'43'37" WEST A DISTANCE OF 200.84 FEET TO THE POINT OF BEGINNING. ALONG SAID RIGHT-OF-WAY LINE DESCRIBED IN OFFICIAL RECORD BOOK SAID RIGHT-OF-WAY LINE SOUTH 01'13'53" WEST A DISTANCE OF 261.11 POINT ON THE WEST RIGHT-OF-WAY LINE OF MILITARY TRAIL AS DESCRIBED ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 1,252.43 FEET TO SOUTHERLY ALONG SAID RIGHT-OF-WAY LINE AND ARC OF SAID CURVE A CENTRAL ANGLE OF 02'04'30"; THENCE SOUTHERLY ALONG SAID RIGHT-OF- CONTAINING 6,815,592.28 SQUARE FEET OR 156.46 ACRES, MORE OR LESS. SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following waivers: 1. 2. 3. 4. Waiver to Section 78-441 (c), Plat, to allow issuance of permits for model homes for the project prior to adoption of the Plat. The City's Land Development Regulations require adoption of a project plat prior to issuance of permits for development. Waiver to Section 78-141, Minimum lot area, to allow a reduction in the minimum lot area to 3,220 square feet for the townhomes and 6,000 square feet for the single-family homes. The City's Land Development Regulations require a minimum lot area of 6,500 square feet. Waiver to Section 78-141, Minimum lot width, to allow a reduction in the minimum lot width to 28 feet for the townhomes and 50 feet for the single- family homes. The City's Land Development Regulations require a minimum lot width of 65 feet. Waiver to Section 78-141 , Minimum lot coverage, to allow an increase in the maximum lot coverage to 50% for the townhomes and 45% for the single- family homes. The City's Land Development Regulations require minimum lot coverage of 35%. 4 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 e;: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 5. 6. 7. Date Prepared: September 17,2004 Resolution 196.2004 Waiver to Section 78-141 , Minimum side setback, to allow a reduction in the minimum side setback to 7.5’/0’ feet for the townhomes and 5 feet for the single-family homes. The City’s Land Development Regulations require a minimum side setback of 7.5’ or 10% of the lot width, whichever is greater. Waiver to Section 78-141 , Minimum rear setback, to allow a reduction in the minimum rear setback to 5 feet (screensldecks) for the townhomes and 5 feet (screenddecks) / 7 feet (pool) setbacks for the single-family homes. The City’s Land Development Regulations require a minimum rear setback of 10 feet. Waiver to Section 78-285, Signs for residential development, to allow a double-faced sign within the entry median to each residential parcel. The City’s Land Development Regulations allow one sign face. SECTION 4. Said Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors, or assigns: Landscaping and Maintenance 1. 2. 3. Landscaping and irrigation within medians and adjacent roadway shoulders for Military Trail, Central Boulevard, and Hood Road shall be installed within six (6) months of the issuance of the first clearing permit. A one-time six (6) month extension to complete buffer and improvements may be granted by the Growth Management Director upon review of sufficient justification. The Growth Management Department shall inspect the supplemental planting for the preserve areas and buffers where voids in groundcover and shrubs occur in order to screen the project. The City Forester and Landscape Architect of Record shall work together on a plan, if necessary, to fill any voids with additional landscaping, as required, achieving said screening for the preserve area. (City Forester) Landscaping and irrigation within medians and adjacent roadway shoulders for the East-West Roadway and the North-South Roadway shall be installed prior to the issuance of the first Certificate of Occupancy. A one-time six (6) month extension to complete buffer improvements may be granted by the Growth Management Director upon review of sufficient justification. (City Forester) The applicant, successors, or assigns shall be responsible for the landscape maintenance of the medians (including irrigation) and road shoulders, as well as maintenance of lighting and hardscape within those sections of public rights-of-way adjacent and/or contiguous to the Paloma Planned Unit Development (PUD), including: 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 4. 5. 6. 7. a. 9. Date Prepared: September 17,2004 Resolution 196.2004 (a) Military Trail from the southern terminus of the site to Hood Road. The applicant shall pay the City its pro-rata share of the total cost of maintenance of the median. (b) Hood Road from Military Trail to Central Boulevard. The applicant shall pay the City its pro-rata share of the total cost of maintenance of the median. (c) The internal East-West Roadway and North-South Roadway within the internal limits of the Planned Unit Development. (d)Central Boulevard from Hood Road to the southern terminus of the site. (City Forester) The applicant shall be required to provide pedestrian scale (maximum fourteen foot (14’) height) lighting along the pedestrian pathways along Military Trail, Hood Road, and Central Boulevard. The lighting plan for the meandering pedestrian sidewalk within the parkwaylpreserve area shall be submitted within thirty (30) days of approval. (Planning & Zoning) The applicant shall place all utility lines underground along Military Trail and any utility lines along Central Boulevard that cross City roadways. (City Forester, Planning & Zoning) Development Order Condition No. 3 may be amended by separate agreement with the City. (City Forester) Within six (6) months of issuance of the clearing permit, the applicant shall replace all existing Ribbon Palms with Sabal Palms within the adjacent Military Trail medians. (Planning & Zoning) The recreation area in Parcel B (including, but not limited to, building facilities, pool, landscaping, hardscape, and accessory structures) and the entry road landscaping for Parcels A and B (pod of development) shall be completed and Certified for Occupancy prior to issuance of the Certificate of Occupancy for the ninety-eighth (98*) residential unit within Parcels A and B combined. The recreation area and entryway improvements in Parcel C shall be completed prior to the issuance of the Certificate of Occupancy for the one hundredth (looth) residential unit in Parcel C. (City Forester) Prior to the issuance of the final Certificate of Occupancy, the applicant shall remove all exotic vegetation from the preserve areas. No non-native plant may be established in a preserve area. (City Forester) 6 2 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 45 Date Prepared: September 17,2004 Resolution 196,2004 Transportation I Traffic Concurrency IO. The project build-out date is December 31,2007. (City Engineer) 11. Applicant shall comply with any and all Palm Beach County Traffic Division Concurrency conditions as outlined in the PBC Traffic Concurrency approval. (City Engineer) 12. No more than 3,260 net new external daily trips shall be permitted until the contract has been let for the construction of Kyoto Gardens Drive from Military Trail to Alternate A1 A. (City Engineer) 13. The applicant, successors, or assigns shall monitor traffic operations studies (supplemental operations analysis) of the East-West Roadway and Military Trail intersection beginning during peak season after the issuance of the first certificate of occupancy and every six (6) months thereafter until the build-out date. Should the study indicate a need for any roadwayhtersection improvements as determined by the City Engineer, the applicant, successors, or assigns shall be responsible. The City shall reimburse the applicant for the cost of any roadway improvements to the extent that the City collects pro-rata funds from other developments having an impact on the intersections as determined in their development orders. (City Engineer) 14. For all improvements that are not assured construction, the developer shall enter into a Public Facility Agreement (PFA) with Palm Beach County for funding of the roadway improvements in a form acceptable to the County Engineer, within six (6) months of the issuance of the development order and before the first permit is issued. (Palm Beach County) 15. Prior to the issuance of the first building permit for any structure, the applicant shall provide surety, acceptable to the City, for the construction of the public improvements. The applicant shall provide an annual evaluation and adjustment of the surety for the public improvements to account for inflation and fluctuations of construction costs. The annual evaluation and adjustment shall be performed prior to the anniversary of the Development Order approval of each year. (City Engineer) 16. Upon receipt of this development order and continuing through substantial completion of construction, the petitioner shall bi-annually provide the City with a status report on all the approved elements of the PUD, including, but not limited to, the compliance or status of any conditions of approval placed on the project by this approval and any future approval until the project is completed, as well as a summary of completed construction and schedule of proposed construction over the remaining life of the development order. (Planning & Zoning, City Engineer) 7 -. 17. 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 18. 19. 20. ... Date Prepared: September 17,2004 Resolution 196,2004 Commencing after the issuance of certificates of occupancy for fifty percent (50%) (197 dwelling units) of the residential units, the applicant shall perform and submit an annual Signal Warrant Study for the intersection of the East-West Roadway and Military Trail. The methodology of the traffic analysis shall be determined by the City Engineer. The annual traffic analysis shall be conducted until such time as signals are warranted at the above-described intersections or until two (2) years after issuance of certificates of occupancy for ninety percent (90%) or 355 dwelling units of the project. Should the warrant indicate a need for a signal at the East- West Roadway and Military Trail, the applicant, successors, or assigns shall be required to install the signal. The signal shall be installed to be fully operational, including all appropriate lane geometry (as determined by Palm Beach County and the Florida Department of Transportation), pavement markings, signage, and lighting. The City shall reimburse the applicant for the cost of the signal and installation to the extent that the City collects pro- rata funds, as determined by the City Engineer, from other developments having an impact on the intersections as determined in their development orders. (City Engineer) The plats for Paloma, the North-South thoroughfare, and the East-West thoroughfare, including the dedications for the drainage easements and roadway easements, shall be submitted to and approved by the City and placed in the official record books of Palm Beach County prior to the issuance of the first building permit, excluding clearing permits and model homes. (City Engineer) The applicant, successors, or assigns shall pay their fair share (pro-rata share) for a traffic light as determined by the City Engineer when one is warranted and approved by Palm Beach County for the intersection of the East-West roadway and Central Boulevard. (Planning & Zoning) Prior to the issuance of the first Certificate of Occupancy, the East-West thoroughfare (from Military Trail to Central Boulevard) and the North-South thoroughfare (from Hood Road south to the southern terminus of the western entrance of Parcel C) must be completed (including irrigation, hardscape, and landscaping) and accepted by the City. (City Engineer, City Forester) Crime Prevention Through Environmental Desiqn (CPTEDl 21. The applicant shall provide metal halide lighting within the entire amenity (recreation) area and along the entryway leading into the recreation area. The applicant may provide high-pressure sodium lighting within the remainder of the residential community. (Police) 8 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 e:: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Date Prepared: September 17,2004 Resolution 196,2004 22. The applicant shall construct the development in accordance with Crime Prevention Through Environmental Design (CPTED) principles, which consist of the following: (a) Landscaping shall not conflict with lighting, including long-term tree growth. (b) A timer clock or photocell sensor engaged lighting shall be installed above or near entryways to residences and all sidewalks. (c) Pedestrian walkways shall use lighting that is no greater than fourteen (14) feet in height. (d) Numerical addresses shall be illuminated for nighttime visibility, shall have bi-directional visibility from the roadway, and shall be a minimum of six (6) inches in height. (Police) Miscellaneous 23. Prior to the issuance of any building permit, the applicant shall: (a) Provide a street address system depicting street names and residential numericals for emergency response purposes. Address system depiction shall be in 8.5’’ X 11” map format. (Police) (b) Install and have operational temporary roadways and fire hydrants approved by the City Engineer and Fire Department for all of the dry models. (Engineering, Fire). 24. Required digital files of the approved plat shall be submitted to the Planning and Zoning Division prior to the issuance of the first building permit, and approved civil design and architectural drawings shall be submitted prior to the issuance of the first Certificate of Occupancy. (GIs Manager, Development Compliance Officer) 25. Prior to the issuance of the first Certificate of Occupancy of a residential unit, the applicant shall submit the Master Property Owners Association and Homeowners Association documents to the City Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County. (City Attorney) 26. Prior to issuance of the first building permit, the petitioner shall submit to the City Attorney and the Planning and Zoning Division documents demonstrating unity of control by the petitioner or the property owners association over the entire PUD. (City Attorney) 9 I--- 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: September 17,2004 Resolution 196,2004 27. Prior to issuance of the first Certificate of Occupancy, the applicant, successors, or assigns shall install an aeration system within all lakes located within the subject project and shall bear the perpetual responsibility of maintenance of such system. (Planning & Zoning) En cr i neeri n g 28. Six (6) months after issuance of the first residential building permit and semiannually thereafter until issuance of the final certificate of occupancy the applicant, successors, or assigns shall submit a report showing the number of approved permits and certificates of occupancy issued to date. (City Engineer) 29. The applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (City Engineer) 30. The applicant shall submit construction plans for City review and approval and surety for demolition and lien protection prior to the issuance of the building permit for any dry models. Prior to occupancy, the plat shall be approved and construction of a stabilized emergency access drive shall be completed and accepted by the City Engineer and City's Fire Department. The following standard dry model conditions of approval apply: (a) Prior to the issuance of the first building permit, the applicant shall post a letter of credit for the model units in the amount of one-third (1/3) the construction cost per model for the purposes of demolition and lien protection, to be determined by the City Engineer, to remain in effect until the plat is recorded. (City Engineer) (b) No access by the general public shall be allowed to a model home until the Certificate of Completion is issued. (Code Enforcement) (c) No individual lots shall be allowed to transfer title until the plat has been recorded. (City Engineer) (d) The applicant acknowledges that the waiver granted from the platting requirement is at the applicant's risk and that any potential construction changes to the model homes due to the eventual plat recordation is the sole responsibility of the applicant. (City Engineer) (e) Prior to the issuance of the first Certificate of Occupancy for the model units, the applicant shall construct accessible and operational fire hydrants and a stabilized road base, subject to City standards, for fire/emergency access, both of which shall be approved by the City Engineer and Fire Department. (City Engineer, Fire Rescue) 10 Date Prepared: September 17,2004 Resolution 196, 2004 1 2 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 45 31. Prior to the issuance of the first building permit, the applicant shall provide construction plans of the Temporary Sales Center and Temporary Construction Center for review, and shall provide a cost estimate for City review and approval for demolition and lien protection. (City Engineer) 32. Prior to the issuance of the first building permit, the applicant shall provide a pavement marking and signage plan for review and approval. (City Engineer) 33. Prior to issuance of the first building permit, including the building permit for clearing and grubbing, the applicant shall provide drainage calculations and design data, to the satisfaction of the City Engineer, for the suitability of the 20-foot and 25-foot pass-through drainage easements from lands lying south of Sable Ridge subdivision to the canal right-of-way. (City Engineer) 34. Prior to Construction Plan review, the applicant shall provide a Paver Block / Concrete Ribbon detail for review meeting the City’s structural number requirements in accordance with LDR Section 78-499. (City Engineer) SECTION 5. Said Planned Unit Development shall be constructed in compliance with the following plans on file with the City’s Growth Management Department: 1. Paloma Overall Site Plan, Site Data & Details, 08.02.2004, UDS, Sheets 1 through 7. 2. Paloma Gateway & Entrance Details, 08.02.2004, UDS, Sheets SD-1 through SD-IO. 3. Paloma Parcel A, B & C Entrance Planting Plan, Common Area, & Prototype LandscapinglPlanting Plans, 08.02.2004, Sheets L1 through L21. 4. Buffer Plans, 06.1 1.2004, UDS, Sheets L-01 through L-14. 5. Single-Family Product Design 2142, 11.10.04, Harrington, 4 sheets. 6. Single-Family Product Design 2790, 11.10.04, Harrington, 4 sheets. 7. Single-Family Product Design 2641 , 11 -10.04, Harrington, 4 sheets. 8. Single-Family Product Design 301 7, 11.10.04, Harrington, 4 sheets. 9. Single-Family Product Design 3325, 11.10.04, Harrington, 4 sheets. IO. Single-Family Product Design 3521 , 11.10.04, Harrington, 4 sheets. 11. Townhome Product Design “A, 11 .01.04, Harrington, 8 sheets. 11 . v-- -- - - Date Prepared: September 17,2004 Resolution 196,2004 1 2 3 13. Townhome Product Design “C”. 4 5 14. Design Guidelines for Paloma Single-Family Homes, 2 pages. 6 7 15. Design Guidelines for Paloma Townhomes, 1 page. 8 9 10 11 12 13 14 12. Townhome Product Design “B”, 1 j .01.04, Harrington, 8 sheets. SECTION 6. Said 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. 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 (The remainder of this page left intentionally blank) 12 a Date Prepared: September 17,2004 Resolution 196,2004 1 PASSED AND ADOPTED this 6.w day of 3'i-d~ ,2005. 2 3 ATTEST: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 LEGAL SUFFICIENCY APPROVED AS TO FORM AND CITY 0- GARDENS, FLORIDA c J blin, Mayor W BY: -ak Patricia Snider, City lerk 18 19 20 BY: 21 a:: 25 VOTE: 26 27 MAYOR JABLIN 28 29 VICE MAYOR RUSSO 30 31 COUNCILMEMBER DELGADO 32 33 COUNCILMEMBER LEVY 34 35 COUNCILMEMBER VALECHE 36 37 38 39 40 41 42 43 44 45 46 AYE NAY ABSENT J --- J --- J --- 13 i Date Prepared: September 17,2004 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 ORDINANCE 39,2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA RELATING TO REZONING; PROVIDING FOR THE REZONING OF A PARCEL OF LAND CONSISTING OF 156.46 ACRES, MORE OR LESS, LOCATED SOUTH OF HOOD ROAD, WEST OF MILITARY TRAIL, EAST OF CENTRAL BOULEVARD, PARCEL 31.04 (MXD), AND INTERSTATE HIGHWAY 95, AND NORTH OF THE SABAL RIDGE PLANNED UNIT DEVELOPMENT (PUD), AS DESCRIBED MORE PARTICULARLY HEREIN, FROM PLANNED DEVELOPMENT AREA (PDA) TO A PLANNED UNIT DEVELOPMENT (PUD) OVERLAY BE KNOWN AS PALOMA; REVISING THE ZONING DISTRICT MAP; AND PROVIDING AN EFFECTIVE DATE. WITH AN UNDERLYING ZONING OF RESIDENTIAL LOW (RL-3) TO WHEREAS, the City of Palm Beach Gardens received an application (PUD-04- 05) for a rezoning to Planned Unit Development (PUD) with an underlying zoning district of Residential Low (RL-3) for the approximately 1 56.46-acre site, generally located south of Hood Road, west of Military Trail, east of Central Boulevard; Parcel 31.04 (MXD); Interstate Highway 95, and north of the Sabal Ridge Planned Unit Development, which lies within the municipal boundaries of the City of Palm Beach Gardens, as more particularly described herein; and WHEREAS, the subject site is currently zoned Planned Development Area (PDA) and has a land use designation of Residential High (RH) and Residential Medium (RM); and WHEREAS, the Growth Management Department reviewed said petition and determined that it is sufficient and consistent with the City’s Land Development Regulations and the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission held a public hearing on July 27, 2004, and has recommended approval of the rezoning to the City Council; and WHEREAS, the City Council, as the governing body of the City of Palm Beach Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the City’s Land Development Regulations, is authorized and empowered to consider petitions related to zoning and land development orders; and WHEREAS, the City Council has considered the evidence and testimony presented by the Petitioner and other interested parties and the recommendations of the various City of Palm Beach Gardens and Palm Beach County review agencies and staff; and 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 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: September 17,2004 Ordinance 39.2004 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; and WHEREAS, the City Council has determined that this Ordinance is consistent with the City's Comprehensive Plan based on the following findings of fact: 1. The proposed Residential Planned Unit Overlay rezoning is consistent with the Future Land Use designation of Residential High and Residential Medium. 2. The proposed rezoning is in harmony with the general purpose and intent of the Comprehensive Plan and is compatible with the intensity and density of the surrounding existing and future land uses. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby approves the rezoning of the parcel of land, as more particularly described below, from a zoning designation of Planned Development Area (PDA) to a Planned Unit Development (PUD) Overlay with an underlying zoning district of Residential Low (RL- 3): LEGAL DESCRIPTION PARCEL 31.03 A PARCEL OF LAND SITUATE IN SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 1; THENCE SOUTH 88'34'52" EAST, ALONG THE NORTH LINE OF SAID SECTION, A DISTANCE OF 694.49 FEET TO THE EAST RIGHT-OF-WAY LINE OF INTERSTATE 1-95 AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE SOUTH 30'31'49" EAST, ALONG SAID RIGHT-OF- WAY LINE, A DISTANCE OF 484.81 FEET; THENCE SOUTH 31'40'34" EAST, TO A CURVE HAVING A RADIAL BEARING OF NORTH 58'19'26" EAST, A RADIUS OF 3,180.04 FEET, AND A CENTRAL ANGLE OF 1'05'46"; THENCE PROCEED WAY LINE, A DISTANCE OF 60.84 FEET TO THE END OF SAID CURVE; THENCE DISTANCE OF 280.19 FEET; THENCE NORTH 01'43'40 It EAST, A DISTANCE OF 1,466.97 FEET TO THE NORTH LINE OF SAID SECTION; THENCE NORTH CONTINUING ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 1,199.30 FEET SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE AND RIGHT-OF- SOUTH 88'32'18" EAST, DEPARTING FROM SAID RIGHT-OF-WAY LINE, A 2 . 2 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 45 .,, Date Prepared: September 17,2004 Ordinance 39,2004 88"34'52" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 1,233.20 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. TOGETHER WITH A PORTION OF PARCELS 31.04 AND 31.05; A PARCEL OF LAND SITUATE IN SECTION 36, TOWNSHIP 41 SOUTH, RANGE 42 EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 36, THENCE NORTH 88"34'52" WEST, ALONG THE SOUTH LINE OF SAID SECTION 36, A DISTANCE OF 107.00 FEET TO THE POINT OF BEGINNING. THENCE NORTH 88'34'52" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 1,827.08 FEET TO THE EAST RIGHT-OF-WAY LINE OF INTERSTATE 1-95 AS DESCRIBED IN OFFICIAL RECORD BOOK 5805, PAGE 181 OF THE 30"31'49 WEST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 30.29 FEET; THENCE DEPARTING SAID EAST RIGHT-OF-WAY LINE NORTH 88"34'52" WEST, A PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH DISTANCE OF 456.20 FEET; THENCE NORTH Ol"25'08" WEST, A DISTANCE OF 341.92 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 3,100.00 FEET AND A CENTRAL ANGLE OF 13'25'31"; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 726.38 FEET TO A POINT OF A REVERSE CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 1,146.00 FEET AND A CENTRAL ANGLE OF 28'21'19"; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 567.15 FEET; THENCE NORTH 16"20'57" EAST, A DISTANCE OF 957.79 FEET TO A RADIUS OF 1,149.42 FEET, A RADIAL BEARING OF NORTH 15'07'32" EAST AND A CENTRAL ANGLE OF 09"27'21"; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 189.70 FEET; THENCE NORTH 66"38'32" WEST, A CENTRAL BOULEVARD AS SHOWN ON ROAD PLAT BOOK 6, PAGE 88 AND AS DESCRIBED IN OFFICIAL RECORD BOOK 5104, PAGE 945 OF SAID PUBLIC RECORDS, SAID POINT BEING ON A CURVE HAVING A RADIAL BEARING OF NORTH 62'01'30" WEST, A RADIUS OF 1,969.86 FEET, AND A CENTRAL ANGLE POINT ON A NON-TANGENT CURVE CONCAVE TO THE NORTH, HAVING A DISTANCE OF 316.95 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF OF 27"11'16"; THENCE PROCEED ALONG THE ARC OF SAID CURVE AND RIGHT- OF-WAY LINE, A DISTANCE OF 934.73 FEET TO THE END OF SAID CURVE; THENCE NORTH OO"47'15" EAST, CONTINUING ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 217.50 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF RECORDS; THENCE SOUTH 88"08'02" EAST, ALONG SAID SOUTH RIGHT-OF- WAY LINE, A DISTANCE OF 1,476.78 FEET TO A POINT ON THE WEST RIGHT-OF- HOOD ROAD AS DESCRIBED IN DEED BOOK 1083, PAGE 141 OF SAID PUBLIC WAY LINE OF MILITARY TRAIL AS DESCRIBED IN DEED BOOK 815, PAGE 581, OFFICIAL RECORD BOOK 2353, PAGE 1542, AND OFFICIAL RECORD BOOK 7483, PAGE 1746 OF SAID PUBLIC RECORDS; THENCE SOUTH 43'26'57" EAST, 7483, PAGE 1746, A DISTANCE OF 56.25 FEET; THENCE CONTINUING ALONG ALONG SAID RIGHT-OF-WAY LINE DESCRIBED IN OFFICIAL RECORD BOOK 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 Date Prepared: September 17,2004 Ordinance 39,2004 SAID RIGHT-OF-WAY LINE SOUTH 01'13'53" WEST A DISTANCE OF 261.11 POINT ON THE WEST RIGHT-OF-WAY LINE OF MILITARY TRAIL AS DESCRIBED ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 1,252.43 FEET TO FEET; THENCE SOUTH 00'18'53" WEST A DISTANCE OF 250.03 FEET TO A IN OFFICIAL RECORD BOOK 2353, PAGE 1542; THENCE SOUTH 01'13'53" WEST THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 22,858.31 FEET AND A CENTRAL ANGLE OF 02'34'09"; THENCE DISTANCE OF 1,025.00 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 22,978.31 FEET AND A WAY LINE AND ARC OF SAID CURVE A DISTANCE OF 832.17 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 01'43'37" WEST A DISTANCE OF 200.84 FEET TO THE POINT OF BEGINNING. SOUTHERLY ALONG SAID RIGHT-OF-WAY LINE AND ARC OF SAID CURVE A CENTRAL ANGLE OF 02"04'30; THENCE SOUTHERLY ALONG SAID RIGHT-OF- CONTAINING 6,815,592.28 SQUARE FEET, OR 156.46 ACRES, MORE OR LESS. SECTION 3. The City Manager is hereby authorized and directed to make appropriate changes on the zoning district map of the City to effectuate the purpose of this Ordinance. SECTION 4. This approval expressly incorporates and is contingent upon all representations made by the applicant or applicant's agent@) at any workshop or public hearing. SECTION 5. This Ordinance shall take effect immediately upon adoption. (The remainder of this page left intentionally blank) 4 + 0 0 0 Date Prepared: September 17,2004 Ordinance 39,2004 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 PASSED this J 1 h- day of btTs WC , 2004, upon first reading. PASSEDANDADOPTEDthis (0% day of rm d* , 2004, upon second and final reading. v CITY OF-EACH GARDENS FOR AGAINST ABSENT 1/. . - -- " 3leche, Councilmember 25 26 ATTEST: 27 28 29 30 BY: 31 Patricia Snider, City Clerk 32 33 34 35 LEGAL SUFFICIENCY 36 37 APPROVED AS TO FORM AND J J -. 38 39 BY: J 40 Mristine P. Tatum, City Attorney 41 42 43 44 45 47 G:\altomey-share\ORDINANCES\paloma rezoning - ord 39 2004.d~ 0 46 5 urban PROJECT NARRATIVE PALOMA PUD AMENDMENT August 3,2007 Amended October 31,2007 Amended February 22,2008 Amended May 2, 2008 PBG REF: #PUDA-07-08-000009 Urban Design Urban Planning Land Planning Landscape Architecture RequestLocation The Paloma PUD is a 156.47-acre tract of land located at the southwest corner of the intersection of Hood Road and Military Trail. The Paloma PUD was approved by the City Council on January 6,2005 by Ordinance 39, 2004 for a rezoning from PDA to PUD, with an underlying zoning of Residential Low -3 (RL-3). Resolution 196, 2004, allowed for 199 single-family homes and 196 multi-family units to be constructed on three parcels. Since the original approval, the Paloma PUD has received approval for four (4) subsequent Administrative Amendments. The first Administrative Amendment approved an updated site plan which was changed for consistency with easement and utility locations as shown on the approved plat and engineering plans. The three other Administrative Amendments allowed additional architectural options for both the single family and multi-family models, and added additional single family model floor plan options. There is currently an Administrative Amendment which is being processed for Kolter Communities which will allow new single family models for the un-built lots within Parcel C. Please note that Kolter Communities has purchased all of MI Homes un-built lots and will be completing construction of the balance of the units within the project. With this request, the applicant, M/I Homes of West Palm Beach, L.L.C., is requesting; to modify the approved plans to remove the requirement for a six-foot clear zone between the homes, to relieve the development from the requirement of installing the pedestrian lights along Hood Road, and to request a waiver to allow the entry signs to have the Paloma name and logo added to the entrance walls. Please also note that the master site plan submitted with this application includes the modifications approved through Administrative Amendments, as well as minor FPL easements which were required subsequent to the plat being recorded, and notations regarding the locations of the models and temporary sales center parking areas for the Townhomes. 477 S. Rosemary Avenue Suite 225 - The Lofts at City Place West Palm Beach, FL 33401 561.366.1100 561.366.1111 fax www.UDSonline.com LCC35 G UobsWarcel 3 1 B-Paloma\PUD Amendment Parcel A 2007Mppl1cal1on Info\ProleclNarratwePUDAB 050208 wpd Project Narrative Paloma PUD Amendment EXISTING USE May 2,2008 Page 2 ZONING FUTURE LAND USE Concurrency SUBJECT PROPERTY: Residential community TO THE NORTH: Magnolia Bay PUD TO THE EAST: The Isles PUD Paloma received Conditional Concurrency Certification on August 29, 2003. The proposed modifications are consistent with the approved master site plan and do not increase the number of units approved. Additional Concurrency review will not be required. ~~ PUD RH and RM PUD RH PUD RM ZoninglFuture Land Use TO THE SOUTH: Sabal Ridge The Pointe The Paloma PUD currently has a future land use designation of Residential Medium (RM) and Residential High (RH) and a zoning designation of Planned Unit Development (PUD), with an underlying zoning of Residential Low -3 (RL-3). The proposed changes to the PUD will not require amendments to the zoning or Comprehensive Plan designations for the property. PUD RM PO PO I Phasing The Paloma PUD was approved with three development parcels, Parcels ‘A’, ‘By, and ‘C’ , which are currently being developed in a single phase. TO THE WEST: Parcel 31.04 PCDlMXD MXD/RH Parcel 31.06 PDA RH Access 0 Consistent with the City’s Comprehensive Plan and Conceptual Thoroughfare Plan, the applicant has provided the right-of-way for Victoria Falls Boulevard and Elm Avenue. All roadways have been constructed and are open for use. G.ilobs\Parcel 3 I B-Paloina\PUD Amendment Parcel A 2007\Application Inlb\ProjectNarrativePUDAB.OSO2OX wpd Project Narrative Paloma PUD Amendment May 2,2008 Page 3 Site Analysis SITE ANALYSIS: Paloma PUD I I I I PUD District Regulations (PBG LDR’s) Approved Paloma PUD Proposed PUD Amendment Consistent Development Area 50 acres 156 .47 acres No Change Yes Open Space 33 % or 51.244 acres excluding ROWS 70% or 108.863 No Change Yes Density 9 DU’slac for RM FLUP 12 DU’sfac for RH FLUP 3.0 DU’s/ac (per Forbearance Agreement) 2.52 dwelling units per acre No Change Yes Upland Preservation (Per Section 78-250) 26 acres (Per Section 78-250) 26.4 acres No Change Yes Parkways (Per Section 78-231) 90 feet in width along Central Boulevard 110 feet No Change Special Yard Setback (Per Section 78-186) 55 feet along Military Trail ~~ ~~ ~~ 55-feet along Military Trail Yes No Change Architecture There are no changes proposed to the approved architectural elevations with this application. Parkway/Landscape Buffers There are no proposed changes to the parkway, preserve or buffers as part of this application. Project Signage The applicant is requesting a modification to the approved entrance signage at the major entrance points located at the intersections of Military Trail and Victoria Falls Blvd., Elm Avenue and Hood Road, and at the corner of Central Blvd. and Victoria Falls Blvd. This request will require a waiver from Section 78-285, which only allows one sign per entry. At the time of the approval of the original PUD, the applicant requested the approval for the G Llobs\Parcel3 1 B-Paloma\PUD Ainendrnent Parcel A 2007L4pplication Info\Pro]ectNarrativePUDAB 050208 wpd LCC3S Project Narrative Paloma PUD Amendment May 2,2008 Page 4 signs, but subsequently agreed to limit the number of signs on the entrance wall features to only one side. Since the construction of the entry featureskigns, it has become apparent that not having signage visible from both directions presents a problem for the residents and the general public to locate the project. Included in this application is a waiver request to allow the Paloma name and logo to be added to each of the entry feature walls. Six Foot Clear Zone At the time of the approval of the PUD, the 6' clear zone was required to provide an access way to the rear yards of all lots. This request was in response to concerns that access to the rear yards for the purpose of digging, repairing, or otherwise maintaining pools and screen enclosures could be preserved. In practice, the provision of the 6' clear zone has presented problems for the city staff in enforcement, and interpretation of fence setbacks and in some cases created undesirable corridors between fences. In the case of Paloma, all single family lots and multi-family units have alternate access to the rear yards by way of open space or buffers so the applicant is requesting that the restriction be removed. Pedestrian Lighting e The applicant is requesting that Condition 4, which requires the installation of pedestrian lighting, be modified to eliminate the requirement for pedestrian lighting along Hood Road. The requested modification is as follows: 4. The applicant shall be required to provide pedestrian scale (maximum fourteen foot (14') height) lighting along the pedestrian pathways along Military Trail, tkmd Road, and Central Boulevard. The lighting plan for the meandering pedestrian sidewalk within the parkway/preserve area shall be submitted within thirty (30) days of approval. (Planning and Zoning). In conjunction with the condition modification request, a waiver is also being requested from Section 78-1 82(c)(2), Illumination of Uses and Buildings, Table 1 which requires Pathways and pedestrian open spaces to be illuminated. The applicant has diligently pursued permitting for the lights, and has been successful with the installation along Central Boulevard, within the community, and along Military Trail, however, all alternatives of how to install the lights along Hood Road have been exhausted without resolution. The permit application request for approval from Palm Beach County to allow the lights to be placed within the ROW along Hood Road was denied. Palm Beach County has determined that pedestrian lighting can not be permitted within the ROW, if street lighting is not present (see attached letter). They are concerned that the pedestrian lighting, without street lighting, would cause confusion for the drivers G Uobs\Parcel 3 I €3-Paloma\PUD Amendment Parcel A 2007b4ppl1cation Info\fro~ectNarrativePUDAB 050208 wpd LCC35 Project Narrative Paloma PUD Amendment May 2,2008 Page 5 and that the sidewalk would be mistaken for the roadway. The sidewalk was constructed by Palm Beach County with the expansion of Hood Road, and meanders, within the ROW, between Military Trail and Central Boulevard. The northern boundary of the Paloma PUD along Hood Road, adjacent to the ROW, is encumbered with 30’ of Seacoast Utility Authority (SUA) Easements. These easements include major water transmission lines. SUA has indicated that the lights could be permissible in the easements, provided the minimum separation can be maintained between the pole footer and the pipe (see attached letter), however, the minimum separations can not be met due to the size of the footer at the base of the light pole. The light pole footers are 2.5’ in diameter x 4.55’ deep. SUA has a minimum separation between their pipes and the footer of 4’. There is a 24” SUA water main approximately 3’ to 4’ from the ROW line. There is another 24” raw water main and a 36” raw water main just south of the water main. Those pipes are separated by approximately 7’ and 5’ respectively. The remaining SUA easement is to be used for a new 36” main. The new 36” pipe will be centered approximately IO’ south of the existing 36” line. The footer can not fit in between the existing and proposed pipes and maintain the minimum 4’ separation that SUA needs. The concern that SUA has is that if the line were to break, and need repair, the footer could pose a danger to the SUA staff, or could cause additional damage to the pipe. The southern edge of the SUA easements is 30’ from the ROW line. Because the sidewalk meanders, the distance from the sidewalk to the closest point where a pole could be installed, is between 34 and 40 feet. At that distance the height of the light poles would need to be raised and the intensity of the light would need to be increased to 25 foot candles to project enough light on the sidewalk to meet the minimum .06 foot candle standard. It was determined that the 25 foot candle fixture far exceeds the code allowances and would cause undue hardship for the adjacent residents. 0 The applicant has investigated using bollards as an alternative. While the footers for a bollard are generally smaller and might be able to be designed to meet windload requirements and meet the separation requirements of SUA to allow them to be put within the SUA easement, they would not be able to meet the light level requirements on the sidewalk as the sidewalk meanders away from the ROW line. Because bollards are generally a maximum of 48” in height, the area that is covered by the light is much smaller. As the sidewalk meanders away from the southern ROW line, the light levels required by code for the sidewalk can not be maintained. In addition, because the height of a bollard is at eye level to a car, they present a safety glare hazard for drivers and are discouraged by the lighting professionals for sidewalks adjacent to roadways. The applicant has already purchased the lights, and has been prepared to install them for over a year. However, as an alternative, to try and address this issue, the applicant investigated purchasing direct burial poles which would generally not have the same size footer requirements. The only direct burial poles that are available are concrete, which in addition to not matching the rest of the existing poles, are substantially heavier. In order to G.Wobs\Parcel 3 I B-Palorna\PUD Amendment Parcel A 2007\Application Info\ProjectNarrativcl’UDAB OSO?OX wpd LCC35 L . Project Narrative Paloma PUD Amendment May 2,2008 Page 6 meet wind load requirements, direct burial poles are required to be much longer than the aluminum poles now being used. The additional length and weight of the concrete presents an additional risk to the SUA personnel and pipes should a water main need to be repaired. In addition, additional testing would need to be done to the soils to determine if a footer would be required. If a footer was required, the separation could not be maintained to the SUA line. The concrete poles present an extra weight which could create issues with regard to their proximity to the SUA lines, and esthetically would not be an acceptable alternative. Because of the additional risks, costs, and the esthetic differences this alternative was determined not to be feasible. The applicant is prepared, and anxious, to install the lights, they have, however, exhausted all possible alternatives with regard to securing approval for the permitting of the lights within the ROW and have no alternative but to ask for relief from this requirement as they can not meet code by installing the lights outside of the SUA easements. Waivers Entrance Signs The applicant is requesting a waiver from Section 78-285, Table 24:Permanent Signs, to allow the Paloma name to be added to each of the main entry feature walls located at the three intersections of Military Trail and Victoria Falls Blvd., Elm Ave. and Hood Road, and Victoria Falls Blvd. and Central Blvd. The proposed addition will allow the residents and the general public to find the project more easily and will help to eliminate confusion on the roadways. Currently the project name is only on one side of the Hood Road and Military Trail intersections and not on the Central Blvd. intersection at all. As a result, the project name is only visible from one direction or not at all. This has caused concern with regard to emergency vehicles, visitors and deliveries. This request is consistent with the entry signs of several residential communities in the area including Frenchman’s Reserve, San Michele, PGA National, Bent Tree and Mirasol. Please see the attached photographs of the entry signage for these communities. 0 This project is unique in it’s configuration with regard to how the Thoroughfare Plan public roadways were required and have split the overall property into three separate and distinct parcels. It is the applicants desire, in accordance with the intent of the code, to provide a comprehensive signage program to help “facilitate an easy and pleasant communication between people and their environment.” The entry features have been designed in an effort to compensate for the roadway configuration and to try and unify the community. The gateways, archways and benches help to provide additional incentives for pedestrian connectivity and encourage interaction among the residents. It is our intent that the entry features, logos and other elements will provide a cohesive common theme along the public roadways to re-enforce and establish a sense of community. By allowing the Paloma name on the entry feature walls it will be much more esthetically pleasing, be 0 G Uobs\Parcel 3 1 B-Paloma\PUD Amendment Parcel A 2007Mpplicalion Infn\ProjeclNarrativcPUDAB 050208 wpd LCC35 Project Narrative Paloma PUD Amendment May 2,2008 Page 7 consistent with the community theme, be consistent with similar residential communities, and provide clear communication to the those trying to find the project. Pedestrian Lights The applicant is also requesting a waiver from Section 78-1 82(c)(2), Illumination of Uses and Buildings, Table 1 which requires Pathways and Pedestrian Open Spaces to be illuminated. This waiver request is limited to the frontage of Hood Road and is in response to the inability of the applicant to get approval from the necessary public agencies to allow the lights to be installed in either the right-of-way, or in the utility easements. As noted above, all alternative methods of installation, location, and lighting options have been evaluated without success. G Llobs\Parcel 3 1 R-Paloma\PUD Amendment Parcel A 2007L4pplication Info\ProjectNarrativePUDAB 050208 wpd LCC3S I '3SVHd 3NO SV a3SOdOtld 9NIStlHd puatjal Paloma Palm Beach Gardens, Florida S\Paloma-Parcel 31 B\PUD Amendment Parcel A 07\Parcel A\C urrent\Parcel A PUD-Master Plan e ;beet 2, 5 n r C U cnv ucn e $q 3 1 i I > 1 1 > 3 -I 3 5 -1 n n m m 0 C -I ml Paloma I Palm Beach Gardens, Florida Site Plan Data And Detail Sheet ."(~-"*UC.DOULII)I.II(..UDrrrrm*.nnl^..rvn*lm"wus~ Paloma w r! Palm Beach Gardens, Florida Site Plan -4 Paloma P Palm Beach Gardens, Florida Site Plan ..-..-- I,-D_l-.--.I--- ,// ,/' /' Paloma E! Palm Beach Gardens, Florida Site Plan -4 1 0 e l A 0 m I 8$ I m X c.( ,A i 44 (7 00 paloma (aka Parcel 31B) Palm Beach Gardens, Florida Gateway Details (D 4 2 rn r rn E R v) 5 c) rn 6 -ti i II d :'4 t t - "'\ . b 0 October 1, 2007 Department Of Engineering and Public Works P.O. Box 21 224 West Palm Beach, FL 3341 6- 1229 (561) 684-4000 www.pbcgov.com 111 Palm Beach County Board of County commissioners Addie L. Creene. Chairperson Jeff Koons. Vice Chair Karen T. Marcus Robert J. Kanjian Mary McCarty Burt Aaronson Jess R. Santamaria County Administrator Robert Weisrnan Mr. James Orth, PE, Assistant C City of Palm Beach Gardens LBFH, Inc 3550 SW Corporate Parkway Palm City, FL 34990 y Engineer WECE WED RE: PALOMA DEVELOPME T, HOOD ROAD AND MILITARY TRAIL, CITY OF PALM BEA $i H GARDENS - PERMIT REQUEST FOR PEDESTRIAN LIGHTING IN R-0-W I Dear Mr. Orth: Per your request, this is a form received by Palm Beach Coun Studio (UDS). We hav pedestrian lighting within C development. The Traffic D trying to find something tha lighting the road and has signed/sealed and do not re the scheme of this lighting standards, which follow th for major roadways (Co provided roadway lighting). Within municipal bounda requesting developers to are collected for their us Power & Light Compa expense. Once permitt operation and mainten Should the City wish t proposed behind the are continually asked OnSe to the request for pedestrian lighting he Paloma development by Urban Design attached plans submitted by UDS to install ghts-of-Way, adjacent to the referenced s spent a tremendous amount of time in putting pedestrian lighting without first cessful. The plans submitted are not ard roadway lighting design. Moreover, conform to Palm Beach County lighting ment of Transportation lighting criteria re roads under this criteria shall be ents are responsible for providing, or ighting, given the franchise fees that ve the option of installing a Florida, stem or decorative poles at their roadway lighting also becomes the the local government. lighting into the decorative lights k a permit could be considered. Given we ghting alongMilitary Trail, please Page Two October 1, 2007 James Orth, PE update us on the City’s plans for lighting Military Trail from PGA Boulevard up to Donald Ross Road, as well as any plans for lighting Hood Road. Should you have any questions about this issue, please contact our ofice. Otherwise we await your update on future plans to light Military Trail and Hood Road. Sincerely, Amy Harris, PE Special Projects Manager AH :AMs: cp Attachment: Proposed plans cc: Ken Rogers, PE - Land Development Director Dan Weisberg, PE - Traffic Director File: MUNI: Palm Beach Gardens ROADS: Hood Road, Military Trail Seacoast Uti I ip E Februaiy 8,2008 Ms. Anne Booth Urban Design Studio 477 South Rosemary Avenue Suite 225 West Palm Beach, FL 33401 Dear Ms. Booth: RE: Paloma Pedestrian Lights Following up on our telephone conversation concernin$ be advised that the light poles cannot be placed in the : required setbacks fiom the mains cannot be maintained. Please call if you required additional information. Sincerely, Bi-uce Gregg Director of Operations cc: R. Bishop J. Callaghan J. Lance r Authority Mailing Address: P.O. Box 109602 Palm Beach Gardens, Florida 33410-9602 the pedestrian lights for Hood Road, please 0’ Seacoast transmission main easement as 4200 Hood Road, Palm Beach Garde s, Florida 3341 0-21 98 Phone: Customer Service (561) 627-2920 / Executive 0 ice (561) 627-2900 / FAX (561) 624-2039 www.sua.com COMMENTS FROM + HE PUBLIC Request to Address eity Council Members of the public may address the City Coun 6 il during the “Comments by the Public” portion of the agenda and during “Public Hearin&”. This Request to Address the City Council must be delivered to the City Clerk prior do the commencement of the meeting. The time limit for each speaker is limited to three [3) minutes. AGENDA CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS BOARD TUESDAY, MAY 13,2008 AT 6:30 P.M. COUNCIL CHAMBERS 0 CALLTOORDER PLEDGE OF ALLEGIANCE ROLLCALL APPROVAL OF MINUTES: REPORT BY THE GROWTH MANAGEMENT ADMINISTRATOR: KARA IRWIN PLANNING, ZONING AND APPEALS BOARD Regular Members: Alternates: Craig Kunkle (Chair) Douglas Pennell (Vice Chair) Barry Present Randolph Hansen Dennis Solomon Michael Panczak Jonathan D. Rubins Joy Hecht (1 st Alt.) Amir Kanel (21’d Alt.) 1. Planning, Zoning and Appeals B?ard May13,2008 ’ Recommendation to City Council: Ex Parte Communication (Public Hearing) Petition PUDA-07-08-000009: Paloma Planned Unit Development (PUD) Amendment A request by Anne Booth, agent for M/I Homes of West Palm Beach, LLC, to modify Resolution 196, 2004. The modifications are related to pedestrian lighting along Hood Road, the removal of the requirement for a six-foot clear zone for access between the single-family homes, and a request for a waiver to allow additional entry signage for the project. The Paloma Planned Unit Development (PUD) is approximately a 156.47-acre tract of land located at the southwest corner of the intersection of Hood Road and Military Trail. Project Manager: Nina Nikolova, Planning Specialist nnikolova@$bafl.com (799-421 8) 2. OLD BUSINESS 3. NEW BUSINESS 4. ADJOURNMENT 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 OBce, no later than five days prior to the proceeding, at telephone number (561) 7YY-4/20 for assistance; if hearing impaired, telephone the Florida Relay Sentice Numbers (800) 955-8771 (TDD) or (800) 955-8770 (VOICE), for assistance. rfa 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 “rat 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 Management Department. Coininodpz agenda 05-1 3-2008.doc 2