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HomeMy WebLinkAboutAgenda P&Z 101408AGENDA CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS BOARD TUESDAY, OCTOBER 14,2008 AT 6:30 P.M. COUNCIL CHAMBERS 0 CALLTOORDER 0 PLEDGE OF ALLEGIANCE 0 ROLLCALL 0 0 REPORT BY THE GROWTH MANAGEMENT ADMINISTRATOR: KARA IRWIN APPROVAL OF MINUTES: JULY 8, AUGUST 12 and AUGUST 25,2008 PLANNING, ZONING AND APPEALS BOARD Regular Members: Alternates: Craig Kunkle (Chair) Douglas Pennell (Vice Chair) Barry Present Randolph Hansen Michael Panczak Joy Hecht Amir Kanel (lst Alt.) Donald ban (2nd Alt.) \ Planning, Zoning and Appeals Board October 14,2008 -. Final Action: Ex Parte Communication (Public Hearing) PVAR-08-07-000006 Consideration of Approval: A request by Maureen Barber, tenant and applicant, on behalf of Beatriz Escobar, owner, for the following two variances: A variance from Section 78-316 (j), of the City Code and the Evergrene Planned Community District (PCD) Parcel 8 development order, Resolution 201, 2002, which requires a ten (10) foot minimum separation between structures and a preserve area. The petitioner is requesting a variance of ten (10) feet to allow a four (4) foot tall fence at the rear property line, which is adjacent to an existing preserve and requires a ten (1 0) foot setback; and A variance from the Evergrene Planned Community District (PCD) Parcel 8 development order, Resolution 201, 2002, which requires a six (6) foot clear zone in the side yard. The petitioner is requesting a variance of six (6) feet to allow a four (4) foot tall fence at the side property line, which requires a six (6) foot setback from the side property line. 1. The Evergrene PCD is located south of Donald Ross Road, between North Military Trail and Alternate A1A. Project Manager: Kara Invin, Growth Management Administrator kirwin@gbgfl.com (7994243) 2. Recommendation to City Council: Ex Parte Communication (Public Hearing) CUMJ-08-06-000014: Seacoast Utilities Authority (SUA) Major Conditional Use Public Hearing & Recommendation to City Council: A request from Mrs. Anne Booth of Urban Design Studio, agent of Seacoast Utility Authority (SUA) for approval of a major conditional use to allow modifications to the site plan for the expansion of an existing institutional use known as the Seacoast Utility Authority Hood Road Water Treatment Plant (SUAWTP) to include the addition of a 40,150 square foot Membrane Processing building and other minor modifications, located at the southwest corner of the intersection of Hood Road and Alternate A1A. The property possesses a Public (P) Future Land Use category within the Public Institutional (PI) zoning district, which allows for a utilities plant and major substations use to be permitted as a major conditional use. Project Manager: Stephen Mayer, Senior Planner smaver@pbgfl.com (79942 17) Recommendation to City Council: Ex Parte Communication (Public Hearing) CPTA-08-08-000014: Comprehensive Plan Text Amendments Recommendation to the Planning, Zoning and Appeals Board: A City-initiated request for amendments to the Future Land Use, Infrastructure, Conservation, Intergovernmental Coordination, and Capital Improvement elements of the City’s Comprehensive Plan, providing for the 1 O-Year Water Facilities Work Plan. 3. Project Manager: Stephen Mayer, Senior Planner smaver@pbafl.com (79942 17) 2 Planning, Zoning and Appeals Board October 14,2008 3. OLD BUSINESS 4. NEW BUSINESS 5. 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 Office. no later than five days prior to the proceeding, at telephone number (561) 799-4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800) 955-8770 (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 obtainedfrom the files in the Growth Management Department. Commordpz agenda 10-14-2008.doc 3 CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698 MEMORANDUM DATE: October 14,2008 TO: Planning, Zoning and Appeals Board Members FROM Growth Management Department SUBJECT: Planning, Zoning and Appeals Board Meeting Tuesday, October 14,2008 - tk30 P.M. Enclosed is the agenda containing the items to be presented on Tuesday, October 14, 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 staffreport 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 codh your attendance. Growth Management Administrator 2 3 4 5 6 7 8 9 CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING JULY 8,2008 The July 8,2008 regular meeting of the Planning, Zoning and Appeals Board of the City of Palm Beach Gardens, Florida, was called to order at 6:30 p.m. in the Council Chambers of the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida, by Vice Chair Douglas Pennell. J&%+, 10 1. 11 12 II. 13 14 111. 15 16 17 18 19 20 21 22 24 25 26 27 28 29 30 L 23 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 P CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL The Public Information Coordinator calle Members Present: Members Absent: Also Present: velopment Compliance Manager IV. PZAB meeting for updating. V. The Public Information Coordinator swore in all those preparing to give testimony. 1. Petition CUMJ-07-08-000011- Palm Beach Community Church DavcarePreschool Maior Conditional Use and Site Plan Approval - A request by Cotleur & Hearing, agent, on behalf of Palm Beach Comrnunity Church for approval of a request to allow a Major Conditional Use of a preschoolldaycare for a maximum of 85 students within Building G of the Borland Center at Midtown. The approximately 47-acre Planned Unit Development is located on the north side of PGA Boulevard between Garden Square Boulevard and Shady Lakes Drive. VI. PUBLIC HEARING PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING 07.08.08 Page 1 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 Donaldson Hearing of Cotleur & Hearing, representing the Borland Center for Community Enrichment and Palm Beach Community Church, described the site, history of the project, uses, and explained the request for an 85 student preschool and day care. Senior Planner Stephen Mayer gave a presentation explaining the request and stated that staff recommends approval with one condition requiring an annual letter from the preschool stating they have 85 students. Vice Chair Pennell opened the public hearing. With no comments the public hearing was closed and the petition was brought back to t MOTION cil of Petition CUMJ- 07-08-00001 1 - Palm Beach Community Use and Site Plan Approval with one motion was approved unanimou Member Craig Kunkle, Chair Douglas Pennell, Vice Chair Barry Present Randolph Hansen Michael Panczak Dennis Solomon f real property comprising approximately two thousand Beeline Highway and PGA Boulevard, informally known as the Sandhill Crane Natural Areas”; providing for compliance with all 163, Florida Statutes; providing a conflicts clause and a severability ctive date; and for other purposes. for each item. The contact information provided will be forwarded to the Department of Community Affairs (DCA). Natalie Wong explained that she would address Ordinances 12, 16 and 17 in her presentation, but each was a public hearing and would be voted on separately. An explanation of the difference between large scale and small scale amendments to the Comprehensive Development Plan and the appropriate land use and zoning designations were given. PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING 07.08 e08 Page 2 1 2 3 4 5 5 7 3 ? 1 1 2 3 1 5 I ,J 17 18 19 20 21 22 0 ;: 25 26 27 28 29 30 31 43 44 45 a a a a a a 0 a a 0 The 14 parcels were grouped into three bundles and the area locations and descriptions were provided. The Loxahatchee Slough area was described. The proposed Comprehensive Plan Amendment is consistent with the overall goals, objectives and policies of the City’s Comprehensive Plan. The plan was sent to the Intergovernmental Plan Amendment Review Committee (IPARC), with no comments received to date. The Transmittal Hearing is scheduled to go before the City Council on August 21,2008. The Scale Amendment will then be transmitted to the DCA come back and be submitted for adoption in November. The zoning designations will be Plan designations. The Land Use Map designation is co City’s Vision Plan. Staff recommends approval. Vice Chair Pennell opened the public George Mitchell, 11854 150th Court designation for property bordering his. Vice Chair Pennell closed Board. ught the petition back to the MOTION ity Council of Petition ent for the Loxahatchee Slough ved unanimously, 6-0. n J - An Ordinance of the City Council of the City of Palm Beach ing a small scale amendment to its comprehensive development plan in accordance with the mandates set forth in Chapter 163, Florida Statute, specifically section 163.3 187 (l)(c), ET SEQ., Florida Statutes, pursuant to City initiated application No. CPMA-08-06-000010, which provides for an amendment to the City’s Future Land Use Map designating one (1) parcel of real property comprising approximately one and 37/100 (1.37*) acres, more or less, in size as “(C) Commercial”; such parcel of land is located at the Northeast corner of Northlake Boulevard and Congress Avenue, informally known as the “Northlake Congress Commercial Center”; providing for compliance with all requirements of Chapter 163, Florida Statutes; PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 3 07 -08 -08 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 providing a conflicts clause and a severability clause; providing an effective date; and for other purposes. Natalie Wong described the property being considered. The plan was sent to the Intergovernmental Plan Amendment Review Committee (IPARC), with no comments received to date. The notice requirement has been met, an advertisement published in the newspaper and the property owners within 500 feet have been notified. The plan is scheduled to go before the City Council on August 21, support of the City-initiated petition. Staff recommends approval of Petition CPMA-08 her concern for changing the zoning from residential Board. MOTION Michael Pan~zak made a m City Council of Petition ent for the “Northlake e motion was approved Congress Commercial Center.’ Unanim~u~ly, 6-0. J MA-08-06-000009, which provides for an amendment to the City’s Future Land Use Map designating one (1) parcel of real property comprising approximately one and 50/100 (1.5M) acres, more or less, in size as “(C) Commercial”; such parcel of land is located on the South side of PGA Boulevard approximately % mile East of Prosperity Farms Road, informally known as the “Waterway Cafk Restaurant”; providing for compliance with all requirements of Chapter 163, Florida Statutes; providing a conflicts clause and a severability clause; providing an effective date; and for other purposes. Natalie Wong described the property being considered. PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING 07 -08 .08 Page 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 The plan was sent to the Intergovernmental Plan Amendment Review Committee (IPARC), with no comments received to date. The notice requirement has been met, an advertisement was published in the newspaper and the property owners within 500 feet have been notified. The plan is scheduled to go before the City Council on August 21, 2008. The Small Scale Amendment will then go before the City Council for the second reading in September and will adopted approximately 3 1 days later. 0 Letters of support have been received from neighboring properties. 0 Staff recommends approval of Petition CPMA-08-06-000009. 0 Vice Chair Pennell opened the public hearing. With no Chair Pennell closed the public hearing and brought MOTION ack to the Board. 1 of Petition CPMA- Restaurant.” Donald Krzan seconded. The Member Craig Kunkle, Chair Douglas Pennell, Vice Chair Barry Present Randolph Hansen Michael Panczak Dennis Solomon ng, Infrastructure, Coastal Management, ty, Public School Facilities, and Economic carias and Senior Planner Stephen Mayer presented the 1 opened the public hearing. ady Lakes, asked if the streetlight coordination within the City can be adjusted to keep traffic flowing and requested that studies addressed in the EAR be coordinated. Carolyn Chaplik, 715 Hudson Bay Drive, commented on designated parking spaces for motor scooters, the availability of work force housing, population density and the resulting traffic. Ken Tuma, Urban Design Studio, 477 S Rosemary Avenue, Unit 225, West Palm Beach, stated he favors granny flats and agrees the Tri-Rail Station should be located at Donald Ross Road. 0 PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING 07 -08.08 Page 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 VIII. 27 28 29 IX. 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 0 0 MOTION 0 Vice Chair Penuell closed the public hearing and brought the petition back to the Board. Discussion ensued among Board members. Specific points are available in the audio record. Dennis Solomon made a motion recommending approval to City Council of Petition CPTA-08-06-000013 - City-initiation Evaluation and Appraisal Report (EAR) based upon the Comprehensive Plan Amendments and asked that staff take into account generally the comments made by Board members. D seconded. Randolph ation to City Council have been made. Those Craig Kunkle, Chair Douglas Pennell, Vice Chair Barry Present Randolph Hansen Michael Panczak Dennis Solomon Joy Hecht Amir Kanel(1 st Alt) mainder of this page intentionally left blank) PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING 07 4% .OS Page 6 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 0 X. ADJOURNMENT There being no further business to come before the Board, Vice Chair Pennell adjourned the meeting at 8:34 p.m. The next regular meeting will be held July 22,2008. APPROVED: Craig Kunkle, Chair !: Douglas Pennell, Vice Chair Barry Present Dennis Solomon ATTEST: Deborah Andrea Public Information Coordinator - Note: These action minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. All referenced attachments are on file in the Office of the City Clerk. mThe Public Information Coordinator swore in those preparing to give testimony. PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING 07 -08 *08 Page 7 CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING AUGUST 12,2008 The August 12,2008 Regular Meeting of the Planning, Zoning and Appeals Board of the City of Palm Beach Gardens, Florida, was called to order at 6:30 p.m. in the Council Chambers of the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida, by Vice Chair Douglas Pennell. , $p?& 10 1. 11 12 It. 13 14 111. 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 IV. v. .& . .* CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Members Present: Members Abse Management Administrator an, Interim City Attorney MOTION Barry Present made a motion to approve the May 13, 2008 minutes. Joy Hecht seconded. Motion was approved unanimously, 7-0. Member Approve Absent Craig Kunkle, Chair J Douglas Pennell, Vice Chair J Barry Present J Randolph Hansen J PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING 08 .12 .08 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 VI. Michael Panczak Dennis Solomon J Joy Hecht J Amir Kanel, 1 st Alternate Donald Krzan, 2nd Alternate J J J MOTION Barry Present made a motion to approve the May 27, 2008 minutes. Joy Hecht seconded. Motion was approved unanimously, 7-0. Member Approve Deny Craig Kunkle, Chair Douglas Pennell, Vice Chair Barry Present Randolph Hansen Michael Panczak Dennis Solomon Joy Hecht Amir Kanel, 1 st Alternate Donald Krzan, 2nd Alternate MOTION Barry Present made a motion to ap Motion was approved unanimously, tes. Joy Hecht seconded. J re in all those preparing to give testimony. tion (Public Hearing) Petition No. MEC-08-04-000043: DoubleTree Hotel PUD Simane Waiver - A request by Marty Minor, agent, on behalf of THI IV PBG, LLC, and E&J Properties, LLC, for approval of a waiver to allow for the language “right at the light” to be incorporated into the project’s monument sign located on PGA Boulevard. The 13.5-acre Doubletree PUD is located along the east side of Military Trail north of PGA Boulevard in the City of Palm Beach Gardens. No ex parte communication was declared. Marty Minor, agent, gave a presentation describing the surrounding area, sign location, dimensions, content, legibility, and site entrance. PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING 08.12 .08 Page 2 0 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 $0 41 42 43 e e e e e e e e e a e e e Growth Management Administrator Kara Irwin explained the requirements of master signage. Discussion among Board members ensued. Joel Channing was sworn in by the Public Information Coordinator. Joel Channing stated two signs have been approved on PGA Boulevard. The CVS sign on the rear of the building is not visible fiom Interstate 95. The proposed combined signage places one sign on PGA Boulevard. Growth Management Adminis recommendation, which is to keep Discussion among Board members ensued. Vice Chair Pennell opened th Carolyn Chaplik was sworn Carolyn Chaplik, 71 5 Hudson Bay Drive, over the “right at the light” immediately North of the gas station w Ken Menard was sworn in by Ken Menard, 8510 E Garde one sign instead of two woul d her conhsion Vice Chair Pennell closed the’ MOTION Randolph Hansen made a motion denial of MISC-08-04- nded. Motion to deny J DonaldrKpan, 2nd Alternate VIII. IX. NEW BUSINESS None. PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING 08 .12 .08 J Page 3 1 X. ADJOURNMENT 2 3 4 5 APPROVED: 6 7 Craig Kunkle, Chair 8 9 10 11 12 13 14 15 16 17 18 19 Dennis Solomon 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 There being no further business to come before the Board, Vice Chair Pennell adjourned the meeting at 7: 16 p.m. The next regular meeting will be held August 25,2008. 40 41 42 43 44 45 46 47 48 49 50 51 ATTEST: Deborah Andrea Public Information Coordinator - Note: These action minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. All referenced attachments are on file in the Office of the City Clerk. Note: The Public information Coordinator swore in those preparing to give testimony. e PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING 08 .12 .08 Page 4 '0 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2”: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 CITY OF PALM BEACH GARDENS PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING AUGUST 25,2008 The August 25,2008 Regular Meeting of the Planning, Zoning and Appeals Board of the City of Palm Beach Gardens, Florida, was called to order at 6:30 p.m. in the Council Chambers of the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens$, Florida, by Chair Craig Kunkle. +$ $ 1. It. 111. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Members Present: terim City Attorney IV. V. APPROVAL0 None. The Public Information Coordinator swore in all those preparing to give testimony. VI. RECOMMENDATION TO CITY COUNCIL Ex Parte Communication (Public Hearing) Petition No. CPSS-07-08-00000 1 : BalleIsles West Outparcel Future Land-Use Map Amendment - A request by Cotleur & Hearing, Inc., agent for E.W. Outparcels, LLC, for a Small Scale Comprehensive Plan Map Amendment for one (1) parcel of real property PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING 08 .25 .08 Page 1 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 comprised of approximately seven and 31/100 (7.31 &) acres located at the southwest corner of the intersection of PGA Blvd. and BallenIsles Drive in order to change the land use designation from Residential Low (RL) to ProfessionaVOffice (PO). 0 Ex parte communication was declared by Chair Craig Kunkle, Vice Chair Douglas Pennell, Randolph Hansen, Michael Panczak, Dennis Solomon, Barry Present, Amk Kanel and Donald Krzan. Chair Kunkle stated he received letters regarding the subject petition fiom BallenIsles John Tiffany, E.W. Outparcels, LLC, applicant stated was not present and 0 0 0 Anne Booth, representing the Balled does not object to the postponement changes. MOTION Outparcel Future Land-Use M Pennell seconded. Motion was Member Craig Kunkle, Chair 08-000001 : Balledsles West er 28, 2008 meeting. Douglas PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING 08 .25 .08 Page 2 1 X. ADJOURNMENT 2 3 4 5 APPROVED: 6 7 Craig Kunkle, Chair 8 There being no fiu-ther business to come before the Board, Chair Kunkle adjourned the meeting at 6:38 p.m. The next regular meeting will be held September 9,2008. 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 48 49 50 51 Douglas Pennell, Vice Chair Dennis Solomon DO2& Krzan, 2nd Alternate A'TTEST: Deborah Andrea Public Information Coordinator - Note: These action minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. All referenced attachments are on file in the Office of the City Clerk. Note: The Public Information Coordinator swore in those preparing to give testimony. PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING 08 .25 .08 Page 3 CITY OF PALM BEACH GARDENS PLANNING, ZONING, AND APPEALS BOARD Agenda Cover Memorandum Reviewed by: Originating Dept.: City Attorney Mas hhman w-elopment p;h bP L. bin Compliance Bahareh Wolfs. AICP Manager GMA Meeting Date: October 14,2008 Petition: PVAR-OS-07-000006 SubjecdAgenda Item: Petition PVAR-08-07-000006: Residential Variance - Rear Fence Setback 1609 Nature Court, Palm Beach Gardens, FL 33410 Public Hearing & Consideration of Approval: A request by Maureen Barber, tenant and applicant, on behalf of Beatriz Escobar, owner, for the following two variances: A variance from Section 78-316 (j), of the City Code and the Evergrene Planned Community District (PCD) Parcel 8 development order, Resolution 201, 2002, which requires a ten (10) foot minimum separation between structures and a preserve area. The petitioner is requesting a variance of ten (10) feet to allow a four (4) foot tall fence at the rear property line, which is adjacent to an existing preserve and requires a ten (10) foot setback; and 0 A variance from the Evergrene Planned Community District (PCD) Parcel 8 development order, Resolution 201, 2002, which requires a six (6) foot clear zone in the side yard. The petitioner is requesting a variance of six (6) feet to allow a four (4) foot tall fence at the side property line, which requires a six (6) foot setback from the side property line. The Evergrene PCD is located south of Donald Ross Road, between North Military Trail and Alternate A1 A. e Approved By: D ..-..' L Llly I a Advertised: Paper Palm Beach Post Finance: Senior Accountant: By: TreshaThomas Fees Paid [Yes 3 Funding source: [ loperating mother NA Budget Acct.#k PZAB Action: r ]Approved [ ] App. wl conditions 1=4 [ ] COIlitinuedto: Attachments: Variance Application Applicant Narratke Lot 4 Sun-eys Photos Final Order Meeting Date: October 14,2008 Petition: PVAR-08-07M)o6 FINAL, ORDER-08-07-000006 EXECUTIVE SUMMARY The subject petition is a rear yard setback variance request for lot four (4) of Parcel eight (8), within the Evergrene Planned Community Development (PCD). The requested variance will allow the Applicant’s existing four (4) foot fence and gates to remain on the rear and side property lines, where a ten (10) foot rear setback and a six (6) foot side clear zone are required. If this request is granted, the applicant is willing to remove the fence and gates at the end of her lease (October 14, 2009). However, a variance runs with the property upon which it is granted and, it is Staff’s professional opinion that the requested variance does not meet the eight (8) variance criteria, as listed in Section 78-53 of the City’s Land Development Regulations (LDRs). Therefore, staff recommends denial of the subject petition. BACKGROUND On December 20, 2001, the City Council approved the Evergrene Planned Community Development through the adoption of Ordinance 43, 2001, which consists of 905 single-family dwelling units and 132 multi-family dwelling units on a 366 acre site. The 7,745 square foot subject property is located at 1609 Nature Court within the Evergrene PCD. Construction of the one (1) story residence was completed in 2003 and consists of 2,512 square feet. The subject site has a RM (Residential Medium Density) Future Land Use designation and is zoned as a Planned Community District Overlay (PCD) with an underlying zoning of Residential Low Density - 3 (RL-3), which is consistent with the Evergrene Master Plan designation of Residential Low (RL). Directly prior to the applicant’s (Ms. Barber’s) occupancy of the subject property in April 2008, the applicant contracted Bulldog Fence Company to install a fence at the rear of the property. The applicant desired to install the fence on the rear property line, as opposed to the required ten (1 0) foot setback line. The applicant contacted the HOA to request approval to set the fence at the rear property line. The Evergrene ACC (Architectural Control Committee) approved the request to move the fence back ten (10) feet, and locate it abutting the preserve area, directly on the rear property line (see attached survey). The Evergrene ACC approved the fence with the condition that two (2) five (5) foot wide gates be installed at both sides of the property to allow access to the recorded drainage easement. The fence was subsequently installed directly at the rear of the property with the two (2) gates; however, no permit or zoning approval was applied for or requested from the City. Approximately two (2) months aRer the fence was installed, in an attempt to rectify their oversight, the fence contractor applied for a permit with the City’s Building Division. The application was denied by the City’s Development Compliance Division, prompting a request for a ten (10) foot variance. Additionally, the Evergrene PCD Parcel 8 site plan requires a six (6) foot side clear zone, from which, the Applicant is seeking a variance. 1 Meeting Date: October 14,2008 Petition: PVAR-08-07-000006 FINAL ORDER-08-07-000006 SITE LOCATION e Parcel eight (8) is located within Gardens Preserve in the northeast portion of the Evergrene PCD. The subject lot is bordered to the southwest by Tract “C-8,” which is platted as preserve and recorded in Palm Beach County’s ORcial Records Book (see attached wrvey), and is surrounded by residential homes on all other sides. The Applicant’s rear property line is approximately 389 feet fiom the nearest residential home to the southwest. REOUEST The applicant is requesting a ten (10) foot variance from Section 78-316c) of the LDRs, regarding the setback requirement adjacent to a preserve area and the established rear setback for the site plan for Parcel 8, to allow a fence and gates to be located at the rear of the property. Additionally, the applicant is requesting a variance from the Evergrene Planned Community Development (PCD) Parcel 8 Site Plan, which requires fences to maintain a six (6) foot side clear zone in the side yard. Section 78-158(g) of the LDRs allows owners of single-family homes within a PCD to apply for a variance to the applicable PCD Development standards in-lieu of a development order amendment to the entire community. Parcel 8 Site Plan - VARIANCE CRITERIA Section 78-53(b) provides that as a basis of approval, the Board must find that the applicant complies with The following illustrates Staffs analysis of the required variance criteria: eight variance (8) criteria. 1. Special Conditions: Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. a 2 Meeting Date: October 14,2008 Petition: PVAR48-07M)oo6 FINAL, ORDER-08-07400006 Aoolicant’s Justification e The rear yard is approximately 14 feet in depth @om the rear property line to the covered patio). me applicant states that if the 10’ setback where to be observed, only a 4’ rear yard would be provided for by fencing the rear yard. fie applicant contends that some properties in the area are not required to adhere to this IO ’ setback, while other properties are. Be applicant states that the pie shape lot contributes to the unique situation. Staffs Findings DOES NOT COMPLY Parcel 8 contains 105 single-family homes that are placed on 50’ X 105’ minimum sized lots. Properties in the surrounding area have rear yards of similar size and shape. All Properties abutting preserve areas, which include the homes on either side of the applicant, are subject to the minimum required rear setback of ten (10) feet for fences. Therefore, it is Staffs professional opinion that no special conditions or circumstances exist which are peculiar to this land or structure. 2. Hardship: The special conditions and circumstances truly represent a hardship, and are not created by any actions of the applicant. Applicant’s Justification The applicant states that the fencing setback creates a small sized backyard which provides for limited use of the propem and does not allow for adequate area to play and exercise abgs. In &ition, the applicant contends that the HOA/ACC approved the fence to be located along the rear property line. Staffs Findings DOES NOT COMPLY Staff cannot find adequate justification that shows that a hardship exists for this site. Although the site is pie-shaped, it is consistent with other lots within the development that are under the same regulations. Therefore, it is Staffs professional opinion that no hardship exists that are peculiar to this land or structure. 3. Literal interpretation: Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant. 3 Meeting Date: October 14,2008 Petition: PVAR-08-07M)o6 FINAL. ORDER-08-07-000006 Applicant’s Justification 0 The applicant feels that literal interpretation of the regulation does not provide them the right to Blly enclose the rear yard of the property as enjoyed by other homeowners in the neighborhood that do not back up to apreserve. Stas Findinns DOES NOT COMPLY As previously stated, all properties within the surrounding area are subject to this same ten (10) foot rear setback requirement when abutting a preserve area. Neighboring properties have adhered to this setback requirement (see attachedphotos); as a result, the required ten (10) foot setback would not deprive the applicant of any rights commonly enjoyed by other properties in the same zoning district similar to the subject property. 4. Special privileges: The grant of a variance will not confer upon the applicant any special privilege denied to any other owner of land, buildings, or other structures located in the same zoning district. Applicant’s Justification The applicant provides no real justification for this criterion. The applicant only indicates, “not every property in the community is the same” and “my neighbors not only approve of my fence, they want to do the same. ’’ Staffs Findings DOES NOT COMPLY Neighboring properties have adhered to this setback requirement (see attached photos); the granting of this variance would confer upon the applicant a special privilege denied to other property owners in the same zoning district. Granting of this variance will be a detriment to the accessibility of the property during an emergency situation, which is why the setback exists adjacent to the preserve. 5. Minimum variance: The variance granted is the minimum variance that will make possible the use of the land, building, or structure. Applicant’s Justification The applicant argues that with the configuration the home on the pie-shaped lot, this is the minimum variance required to make adequate use of the property. l%e applicant contends that the fence configration on this property is more functional and aesthetically pleasing than others in the surrounding area. 4 Meeting Date: October 14,2008 Petition: PVAR-08-07Mw)o6 FINAL ORDER-08-07MH)o06 Staffs Findings 0 DOES NOT COMPLY - It is Staffs professional opinion that the fence can be installed in compliance with the required setbacks, and the applicant can make use of the yard the same as other property owners in the surrounding area. Staff does not believe this is the minimum variance required to make reasonable use of the land. 6. Purpose and intent: The grant of the variance will be in harmony with the general intent and purpose of this chapter and land development regulations. Applicant’s Justification The applicant states, “What I have done is in harmony with this community and this particular lot. Stes Findings DOES NOT COMPLY It is the purpose and intent of these required setbacks to serve as access points for Fire Rescue in case of an emergency. As the existing fence blocks the access points, the grant of the variance is, inherently, not in harmony with the intent of the LDRs. 7. Financial hardship: Financial hardship is not to be considered as sufficient evidence of a hardship in granting a variance. Applicant’s Justification The applicant has identiied the $5,000+ cost of the fence and the potential cost of moving to a new home as financial hardships. Adlitionally, she has indicated her intent to pursue Bulldog Fence Company for any/all expenses incurred. Staffs Findings DOES NOT COMPLY The applicant has identified the cost of the fence and the potential cost of moving to a new home as financial hardships, and in-turn, as arguments for this variance request. 8. Public welfare: The grant of the variance will not be injurious to the area involved or otherwise detrimental to public welfare. 5 Meeting Date: October 14,2008 Petition: PVAR-08-07-000006 FINAL ORDER-08-07-000006 Applicant’s Justification e The applicant asserts, ‘The public will not be Mected by this at all, just me and my hgs. ” StafYs Findings DOES NOT COMPLY The applicant has provided sufficient justification that the requested variance would not negatively impact the aesthetics of the neighborhood. However, it is Staffs professional opinion that in case of emergency, the fbnctionality of these setbacks/access points to all homes within the area will be compromised and could result in injury to the area, and subsequently, the public welfare. Additionally, the applicant has identified several other property owners in the surrounding area that are interested in installing similar fences, which would only further restrict access to the preserve area. STAFF RECOMMENDATION After a detailed analysis, Staff finds that the proposed variance requests do not meet the eight (8) criteria found in Section 78-53 (b) of the LDRs required to grant such a request. Therefore, staff recommends denial of Petition PVAR-08-07-000006. If the Planning, Zoning and Appeals Board (PZAB) finds for approval of the petition, Staff recommends the following condition of approval: 1. The fence and gates located within the required rear setback of ten (10) feet shall be removed at the end of the applicant’s lease (October 14,2009). 6 crry OF PALM BEACH GARDENS VARIANCE REQUEST APPLICATION AND CHECKLIST )( ZONING VARIANCE DATE SIGN VARIANCE LANDSCAPE VARIANCE OTHER (Describe) Please refer to Section 78-53, Variance Requests, Land Development Regulations. Indicate by check adjacent to requested item, that information fwished is consistent with the requirements of the Board of Zoning Appeals, Planning and Zoning Commission, and/or City Council. Indicate by N/A that requested item is deemed not applicable. Forward signed checklist to PlmGiig and Zoning Division indicating all requirements are met. NAME OF OWNER 2 hbAV EXPLAIN THE NATURE OF THE REQIJEST Please provide the following: 4 4 4 0 I 0 0 1. Filing Fee Paid -JL&%RO - Single Family Residence $1000.00 - All Other Land Uses 2. Advertising Costs: Please initial that the following has been read and agreed to: Tlie applicant shall pay all costs of publication of public hearing notices required in a newspaper of general circulation within the City. Publication costs shall include all notices of hearing and the passage of an ordinance. Payment shall be made to the City within ten (10) days of date of invoice. No lieea * g shall be held on a petition until publication costs to date have been paid. & Initials 3. Applicant shall provide a written Petition denionstrating the petition is consistent with the eight (8) criteria addressed in Section 78-53, Land Development Regulations: A. Special conditions or hardship B. Requested Variance is the minimum required - C. Variance is in harmony with City Code - D. Requested Variance is specific with references to Code requirements J4. Scale drawings [five (5) the Variance request, including site plan and elevations. fJ]6+ - J5. Full legal description of property. EV-5 rw p& UT 4 I LG. Location map giving identifiable landmarks. - J7. Proof of ownership and owner's affidavit authorizing representative to present - J 8. Property owner's name and address. '?!I. Ciurent Boundary Survey - l'hree (3) bll-size copies (24"x 36") of a ceitified survey petition, if applicable. (signed and sealed) by a surveyor registered in the State of Florida at a scale of not less than one inch equals two hundred feet (1'' = 200'). - 10. Certified and notarized list of property owners (name and addresses) within 500 feet of the subject property. (Section 78-54 Public Notice, @)(4) Land Development Regulations). This information shall be in mailing label format and may be obtained froin Geoprocessiiigh4apping Department, PBC Governmental Center, 301 North Olive Street, West Palm Beach, Florida, Telephone 561 -355- 2881. SIGNED: mm w Applicant/Agent Date 0: Planning & Zoning Shar+h/ Checklist Variance 6/19/03 Palm Beach Gardens Growth Management Department 10500 North Military Trail, Palm Beach Gardens, FL 33410 561-799-4230 Permit # Financi al ResDonsibilitv Form The owner understands that all City-incurred professional fees and expenses associated with the processing of this application request are ultimately the responsibility of the owner. A security deposit shall be deposited in an interest-bearing account with any accrued interest to be retained by the City of Palm Beach Gardens. The owner and/or designee shall be invoiced on a monthly basis for professional fees such as, but not limited to, consultant engineering services, legal services, advertising costs, andlor any other costs attributable to the processing of the permit for which the City incurred during the previous month. The owner and/or designee shall reimburse the City within thirty (30) days from date of invoice. If payment is not received, the City may utilize the security deposit for re-imbursement purposes. All activities related to the pending permit(s) will cease until any outstanding Invoices are paid. The ownerldesignee further understands that transfer of this responsibility shall require a completed form, signed and notarized by the responsible party, and delivered to the City Growth Management Department if the name andlor address of the responsible party changes at anytime during the application review process. Ownersignature . ' U Property Control Number ~4MYew b \d7W ibd ddfb fi. r&ii mq Ldcw) ,fl. '35q 10 Owner printed name 1 Designee Acceptance Signature 0 HOTARY ACKNOWLEDGEMENT STATE OF hdcl COUNTY OF ent was acknowledged before me thisd-l day of em bw . He or shmersonallv kmm as identification. Notary public signature hle 'MAheiM.1 Printed name State of 4c at-large MY Commission expires: 11 /~T/OK July 15,2008 City of Palm Beach Gardens Building and Zoning Burns Road and Military Trail RE: 1609 Nature Court Palm Beach Gardens, Florida 33410 Dear sirs: This letter is to inform you that I am the owner of the property located at 1609 Nature Court, Palm Beach Gardens, Florida, in the Evergrene subdivision. Maureen Barber is my tenant, she has an 18 month lease with me that will expire on October 14,2009. I hereby authorize Maureen Barber to represent my home/property in applying for a temporary variance to allow the fence installed by Bulldog Fence Company to stay in place until the end of her tease term. Maureen Barber requires this in order to keep her dogs contained and safe. I gave Maureen Barber written permission prior to having the fence installed, allowing the work to be done. This written permission is on fite with Evergrene Management. Sincerely, BE KCO INVESTMENT CORPORATION Beatriz Escobar President/Secretary State of Florida County of Miami Dade The foregoing instrument was acknowledged before me this 16th day of July by Beatriz Escobar, President-$of Bekco investment Corporation, A Br- itish Virgin Islands Corporat- ion, on behalf of the said Co- rporation. She is personally known to me or has produced a driver's license as identific- ation. e' MAUREEN BARBER 1609 Nature Court Palm Beach Gardens, FL. 33418 (561) 389-7600 City of Palm Beach Gardens Building and Zoning Department Attn: Doug Wise To Whom It May Concern, I am requesting a “temporary variance” for the property located at 1609 Nature Court, Palm Beach Gardens, Florida 33410. I am currently renting this home in the Evergrene subdivision. I have an 18 month lease with the owner that will end October 14,2009. Prior to moving in I had made arrangements with the owner (Beatriz Escobar) to have a fence installed for my dog’s protection. I contracted with Bulldog Fence Company to install the fence. They installed it right away; initially they placed it 10 feet in from the preserve based on a drainage easement. When this was done I was stunned at how close to my house the fence was. I could barely open the screen door without hitting the fence. I asked the fence company not to set the fence posts in concrete while I approached the Architectural Committee. I immediately went to the clubhouse at Evergrene. I spoke to the man who is in charge of the ACC here in and ilsked him to come to the house and see what an eyesore this was. He came over right away and agreed tha; it was way too close to the house. He then contacted the board and who ever else he needed to contact. About three hours later he came back to the house to let me know that it was alright for me to have it moved back as long as I had two 5’ gates installed on either side in order to allow access to the yard for the drainage easement. Approximately two months after the fence was installed, Mr. Charlie Mancini showed up at my door telling me that Bulldog Fence Company had not legally applied for permit. Apparently they applied for permit almost two months after the fence had been installed, the building department denied the permit at which time Bulldog Fence cancelled their request for permit. About 1 hour after Mr. Mancini left my house, I got a call from him telling me that the fence was illegal and that I had to have it removed immediately. Without going into detail I will tell you that Mr. Mancini was very unprofessional and vety rude. He made false accusations about me illegally representing myself as the owner of the house and when I became upset and started crying (I couldn’t help it), he said to me, in a very nasty tone, “you’re only upset because you aren’t getting your own way. While I was still very upset over Mr. Mancini’s call I get another call from the fence company telling me that they are coming to take the fence down. I was panicked and in shock that this was all happening. The reason I moved into this house is because I was allowed to have a fence put up. Here is what I am requesting. I am asking that you PLEASE allow me to keep this fence while I am renting this property. I back up to a preserve where the fence in not at all visible to anyone other than me. I am the end of a CUI de sac so my next door neighbors can barely see the fence. I absolutely have to have a fence for my dogs, especially in this location. I have an 11 year old Weimerainer and a 7 year old Basset Hound. My dogs will bolt after anything they see. This preserve is loaded with wildlife. In addition to keeping my dogs safe I also want to keep the critters in the preserve safe. If I am forced to have the fence removed, I will be forced to move. I paid $4000.00 deposit to move into this house, I paid Bulldog Fence over $5000.00 to install the fence and gates. I have lived here since April and I really do not want to have to do this all over again. If I am forced to move I will be forced to file a lawsuit against Bulldog Fence Company, go after their license and ask to be reimbursed for all my expenses, moving, etc. I really don't want anyone to get hurt because of this situation if it can be avoided. This has been a nightmare for me. I know that it is also a nightmare for Bulldog Fence Com pa ny . My neighbors are not at all opposed to the fence, as a matter of fact two of them wanted to do the same thing. 1 will provide you with letters or signatures from everyone on the cull de sac approving my fence. I will provide you a letter from Bulldog Fence Company that they will remove the fence at the termination of my lease which is October 14,2009. I thank you all for your time and consideration and ask that you PLEASE approve my request. 0 Sincerely, Maureen Barber 1609 Nature Court Palm Beach Gardens, FL. 33410 (561) 389-7600 LEGAL DESCRIPTION: Evergrene PCD PL5 LOT 4 OWNER: Beatriz Escobar Quito, Ecuador P.O. BOX 1707-9065 cc via e-mail: Beatriz Escobar Bulldog Fence Company MA Colucci-Russell, Atty. PVAR-08-07-000006 Residential Variance - Evergrene PCD ResDonse/Justification to Variance Criteria bv Maureen Barber, Applicant - sent via email on 0 8/25/2008 VARIANCE CRITERIA 1. SPECIAL CONDITIONS: Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. The backyard of this home is approximately 14' deep. I understand that when this subdivision was first being considered the developer (WCI) and the City of Palm Beach Gardens decided at that time that there would be a IO' drainage easement in the back of this property. In order to have a fence enclosed yard this restriction would require a fence to be approximately 4' from the house. It is also my understanding that this particular lot has this setback while others that are very comparable do not have the same restrictions. It seems somewhat random to me that while one house has this restriction, other similar homes do not. The configuration of this property is a pie shaped lot. The fence that I have installed is barely visible on the side yards. The back yard is 100% preserve and visible by no one other than myself. I can not understand WHY this is a property has this 10' restriction when it is extremely private and not visible 0 to anyone else. 2. HARDSHIP: The special conditions and circumstances truly represent a hardship, and are not created by any actions of the applicant. My situation that I see as a hardship you may not. Everyone's hardship can be as individual as the person. Here is mine. I moved to this house after my divorce with the full intention of having a fenced yard. I need a yard for my dogs. I have an old dog that gets overheated on a leash and therefore I can not walk him in the heat. My dogs have always had a yard to romp in, to chase lizards in, etc. I can not let them out without the safety of a fenced yard. I paid to have a fence installed in this yard. I had the HOAlArchitectural Committee approve the fence being place at the property line when it was installed. I had NO idea that Bulldog Fence Company had NOT legally applied for a permit. I paid over $5000.00 to have this fence installed only to be told three months later that it was illegal. I was insulted on the phone by Mr. Charlie Mancini before I even knew what hit me. He was a very nasty man, extremely unprofessional and had no right to talk to me the way he did. I have an 18 month lease on this property and am willing to have this fenced removed at the end of that lease (if necessary) but until that time I am asking that the City of Palm Beach Gardens allows me to keep the fence for the safety of my dogs. PVAR-08-07-000006 Residential Variance - Evergrene PCD .The only financial hardship that I havelwill incur with what I spent to have this fence installed ($5000.00+) and what it will cost me to move, which is what will happen if I can not have a fenced yard. I plan to go after BULLDOG FENCE COMPANY for whatever expenses I incur since they are 100°/~ responsible for this issue. 8. PUBLIC WELFARE: The grant of the variance will not be injurious to the area involved or otherwise detrimental to public welfare. No, the public will not be affected by this at all, just me and my dogs. SF2-PL5-RA-SPbNlSH 40.00'X62.33' I ONE STORY C.8.S. RESIDENCE F.F. EL.*(14.64') CAR. EL.-(14.14') C COVEREO PAVER ENTRY LOT 3 SIDEWALK NOT AT TIME OF SUR ELEVATION, AS-BUILT ELEVATION. PROPOSED ONE JUNCTION Box CAFhAHAN - PROCTOR- CROW, INC. CERTIFICATE OF AUTHORIZATION NO. LB 2936 3931 RCA BLVD., SUITE 3114, PALM BEACH GARDENS, FL. 33410 PHONE (561)799-5515 FAX (561)799-5643: PBGQcamahan-proctor.com SKETCH OF (FINAL SURVEY) BOUNDARY SURVEY LEGAL DESCRIPTION LOT 4, "EVERGRENE P.C.D. PLAT FIVE", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 97 AT PAGES 144 THROUGH 147, OF THE PUBLIC RECdRDS OF PALM BEACH COUNTY, FLORIDA. NOTES 1. NOT VALID WITHOUT THE SIGNATURE AND Tlk ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. WHOLE OR IN PART WITHOUT WRllTEN AUTHORIZATION. RECORD. ALL EASEMENTS SHOWN HEREQN ARE PER THE RECORD; PLAT UNLESS OTHERWISE NOTED. THIS SKETCH WAS PREPARED WITHOUT BENEFIT OF A TITLE SEARCH, FOR INFORMATION CONCERNING RIGHTS-OF-WAY, EASEMENTS, RESERVATIONS, AND OTHER SIMILAR MNTERS OF PUBLIC RECORD, AN APPROPRIATE TITLE VERIFICATION NEED BE OBTAINED. BUILDING TIES ARE PERPENDICULAR OR RADIAL TO THE BOUNDARY LINES UNLESS OTHERWISE NOTED. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LIME OF SECTION 25. TOWNSHIP 41 SOUTH, RANGE 42 EAST, BEARING SOUTH 89'51'14' EAST, ACCORDING TO THE PWE COORDINATES SYSTEM USING THE NORTH AMERICAN DATUM OF 1983,1990 ADJUSTMENT, AS ESTABLISHED AND ADOPTED BY PALM BEACH COUNTY SURVEY SECTION. ELEVATIONS SHOWN HEREON ARE RELATIVE TO THE NATIONAL GEODETIC VERTICAL DATUM OF 1929 AND ARE BASED ON PALM BEACH COUNTY ENGINEERING BENCHMARK 'HOMECOMING" PBC BRASS DISC IN CONCRETE 17' EAST OF THE EAST EDGE OF PAVEMENT OF MILITARY TRAIL, 'x MILE SOUTH OF DONALD ROSS ROAD, 222 FEET SOUTH OF THE ENTRANCE TO A . SCHOOL; ELEVATION 13.322 FEET 9. THE ELEVATIONS SHOWN HEREON ARE FOR THE PURPOSE OF INDICATING THE GROUND ELEVATIONS ONLY AT THE POSlTlOFlS SHOWN AND IN NO WAY INDlCATE ELEVATIONS AT ANY OTHER POINTS THAN AS SHOWN HEREON. 10. FLOOD ELEVATION INFORMATION: A. COMMUNITY NO. : 120192 E. SUFFIX :B B. FIRM MAP INDEX DATE : JUNE 2,1992 F. BASE FLOOD ELEVATION : N/A C. FIRM ZONE :B D. PANEL NUMBER : 0120 11. ADDRESS: 1609 NATURE COURT, PALM BEACH GARDENS, FLORIDA 33410 12. AREA OFTHIS PROPERTY IS 7,745 SQUARE FEET. MORE OR LESS. 13. THIS SURVEY IS CERTIFIED TO THE FOLLOWING: 1. LENDER: BANKUNITED FSB 2. ' BUYER: BEKCO INVESTMENT CORPORATION 3. TITLE CO: THE TITLE CENTER OF FLORIDA. INC. 4. UNDERWRITER FIRST AMERICAN TITLE INSURANCE COMPANY 2. 3. THIS SKETCH IS THE PROPERTY OF CARNAHAN-PROCTOR-CROSS. INC., AND SHALL NOT BE USED OR REPRODUCED IN THE LANDS SHOWN HEREON ARE SUBJECT TO ALL EASEMENTS, RESERVATIONS, RIGHTS-OF-WAY, AND RESTRICTIONS OF 4. 5. 6. 7. 8. ABBREVIATIONS A -ARCLENGTH hC - AIRCONDITIONERSLAB ADJ = AEJACENT E C.R = BROWARD COUMTRECORLLS 6.0 I.C. IC) = CALCULATED CA1.V. = CABLE JUNCTION bX C 0 S. C.LF. * CHAIN LINK FENCE CM E. CH -CHORD CONC. -CONCRETE D I DELTA (CENTRAL ANGLE) D.E. IDRAINAGE EASEMENT E.O.P. - EDGEOF PhVhIENT = BRASS DISC IN CONCRETE CONCRETE BLOCK STRUCTURE I CANAL MAINTENANCE EASEMENl E.O.W. = EDGE OF WATER U. *ELEVATION F.F. = FINISHED FLOOR F.P.L = FLORIDA POWER6 UGHTM). FND. =FOUND GAR =GARAGE tic. = HANDICAPPED YR h C. VR I IRONROD LE. = LANDSCAPE WEMENl L.M.E * LAKE MAINTENANCE WSEMENl - IRON ROD AND CAP (M) ~ I MEASURED ~ N.G.V.D. NATIONAL GEOm VERTICAL MNM N.T.S. I NOT TO SCALE N/D = NAIL AN0 DISK Nfr - NAILANDTAB ORB. = OFFICWREWRDBOOK P.B. - P.B.C.R = P.0.0. = P.O.C. = P.R.M. = PROP. = WMT. - R= RN ' = RIGHT-OF-WAY sI*y .SIDEWALK STY. =STORY 1.0.6. - TOP OF 0ANK U.E. - UILtTY EASEMENT WLE. - YATERLINE EASEMENT W.M.ME =. WATERMANAGEMEMMAINTENANCE EASEMENT SURVEYOR'S CERTIFICATION I HEREBY CERTIFY THAT THE SURVEY SHOWN HEREON COMPLIES WITH MINIMUM TECHNCAL STANDARbS FOR SURVEYS AS CONTAINED IN CHAPTER 61G17-6. FLORIDA ADMINISTRATIVE CODE. 2 DATE OF LAST FIELD WORK: 12-19-03 LANDON M. CROSS PROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE NO. LS 3348 1 Meeting Date: October 14,2008 Petition : PVAR-08-07-000006 1609 Nature Court - Site Photos Standing at southeast corner of property - looking west, along the rear property line Standing at southeast corner of property - looking south, towards the preserve area Meeting Date: October 14,2008 Petition: PVAR-08-07-000006 1609 Nature Court - Site Photos Standing at southeast corner of property - looking north, towards the front Standing at southwest corner of property - looking east, along the rear property line Meeting Date: October 14,2008 Pet it ion: PVAR-08-07-000006 1609 Nature Court - Site Photos Standing at southwest corner of the property - looking west, towards neighbor's rear fence Standing close to southwest corner of property, along the rear property line - looking north, towards the front/side of the property 0 0 Meeting Date: October 14,2008 Petit ion: PVAR-08-07-000006 1609 Nature Court - Site Photos .. Standing at west side property line - looking south, towards the preserve area ORDER OF THE PLANNING, ZONING, AND APPEALS BOARD OF TEE CITY OF PALM BEACH GARDENS PETITION NUMBER PVAR-08-07-000006 IN RE: 1609 NATURE COURT LEGAL DESCRIPTION: LOT 4, OF EVERGRENE PCD PL 5, COUNTY OF PALM BEACH, STATE OF FLORIDA, AS RECORDED IN PLAT BOOK 16411, PAGE 1468, IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA. ORDER DENYING VARIANCE THIS CAUSE came on to be heard upon the above application, and the City of Palm Beach Gardens Planning, Zoning, and Appeals Board, having considered the testimony and other evidence presented by the applicant, city sta members of the public and other interested persons at a hearing called and properly noticed, hereby makes the following findings of fact: 0 1. The public hearing was properly noticed in accordance with Section 78-54 of the City’s Land Development Regulations. 2. The property which is the subject of said application has a required 10-foot rear setback pursuant to the Evergrene Planned Community Development (PCD) Parcel 8 Site Plan Approval and the Land Development Regulations Section 78-316 G), made a part thereof by reference. 3. In accordance with Section 78-158 (g) of the Land Development Regulations, variance requests from the applicable PCD development standard(s) are allowed for single- family homes. 4. This applicant seeks a Variance pursuant to the City’s Land Development Regulations. 0 0 5. Under the provisions of such regulations, the Planning, Zoning, and Appeals Board has the right, power and authority to act upon the application herein made. 6. The City of Palm Beach Gardens Planning, Zoning, and Appeals Board determines that the requested variance from the minimum rear setback standard does not meet the criteria set forth in Section 78-53 (b) of the City’s Land Development Regulations: a) Special Conditions and circumstances exist; b) A Hardship exists from circumstance not the result of actions of the applicar c) Literal Interpretation would constitute an unnecessary and undue hardship; d) No Special Privilege conferred; e) Minimum Variance; f) In harmony with the Purpose and Intent of the Land Development Regulatio g) Variance not a result of a Financial Hardship; h) Not detrimental to public welfare. IT IS THEREUPON CONSIDERED, ORDERED AND ADJUDGED by the City of Palm Beach Gardens Planning, Zoning, and Appeals Board as follows: 1. The application for Variance, Petition PVAR-08-07-000006, with reference to the above-described property in the City of Palm Beach Gardens, Florida, is hereby denied to permit the following: 0 A variance from Section 78-3 16 (-i). of the City Code and the Evergrene Planned Community District PCD) Parcel 8 development order. Resolution 201. 2002. which requires a ten (10) foot minimum separation between structures and a preserve area. The petitioner is requesting a variance of ten (10) feet to allow a four (4) foot tall fence at the rear property line, which is adjacent to an existing preserve and requires a ten (10) foot setback; and A variance from the Evermene Planned Community District (PCD) Parcel 8 development order. Resolution 201. 2002. which requires a six (6) foot clear zone in the side yard. The petitioner is requesting a variance of six (6) feet to allow a four (4) foot tall fence at the side property line, which requires a six (6) foot setback from the side property line. 0 2. The decision has been based upon our opinion that the additional area needed to effectively and safelv build a fence does not create a special condition or hardship. This decision would confer won the applicant a special privilege through the literal interpretation of the Code. It is also our opinion that this reauest is neither the minimum variance needed. nor is it in harmony with the Purpose and Intent of the Land Development Regulations. The reasons for the denial of this variance are as follows: 0 DONE AND ORDERED this 14th day of October 2008. Debbie Andrea Recording Secretary Chair Mr. Craig Kunkle Planning, Zoning, and Appeals Board City of Palm Beach Gardens 0 ATTESTBY: ~h; 5 j-e#& was gr.lcd “lsq -pyj-he honed fr\,m&Q kL-1 bcC)an-e tXe t2Ab me44 ,311 YfoR EVERGRENE* FNZRGRENE lvLAsTERASSOCIATTON, INC.‘ 650 Evergrene Parkway Palm Beach Gardens, Florida 33410 Tt k 561-626-1981 Fax: 561-626-7186 Ncfnrr‘r r;eCfCtCfI.Il RECEIVED OCT 6 2008 Chairman Kunkel and Appeals Board Member zoning and Appeals Board 10500 N. Military Trail Palm Beach Gardens, FL 33410 %ptember 18,2008 Re: Petition PVAR 08-07-000006 Variance request for 1609 Nature court in Evergrene CITY OF PALM BEACH GARDM CITY MANAGER d DearChaimanKdel: The Eveme Master AssocMon has reviewed the variance request for extending the fence into the 0’ rem lot setback. Due to the unique design of several parceis within Evergrene as well as the small side yards, Evergrene has been faced with many fence related challenges. Therefore, we as a Board need to adhexe to strict fe regulations. Consequently, Master Association abject to the aforementioned variance request- F& justification is listed below: 1. Currently, the 10’ setback allows for clear passage and access behind all of the houses adjacent to the 2. This dear area allows for easy access for the fire department as well as the preserve area promoting easy management for the maintenance crews. Once blocked by a Fence, such access can easily be barred. 3. It allows for a clear fire separation. Should a fire be set in the preserve this clear zone should help buffer the rear residential yards as well as the houses. 4. This arm creates a separation between the ornamental, non-native vegetative species occurring in residential yards and helps eliminate the spread of such invasive species within the preserve. 5. Allowing this variance would set a precedent and open the door for hundreds of single family lots to do the same thing creating fence mayhem. Please consider our position on this variance as you deliirate and jointly vote on this precedent setting topic. In addition, we would like to know ifthere is a way to provide us with an opportunity to review any further ay>pliwtions or similar requests prior to staffplacing said petitions on a hearing agenda. This would allow staff the opportu&y to include The EveJrgrene Master Association’s comments, approvals, or denials into the SM Report for the Appeal Board’s review. Moreover, thank you in advance for your moperation and consideration. preserve area not only on this street but along many other similar streets. &$ ideng er ne Master Association Evergrene Architectural Modification Form 650 Evergrene Parkway Pahi Reach Gardens, Florida. 334 10 Phone: (56 7) 626- 1 98 1 FZC (561) 626-7186 This form is to be used for exterior changes only Please complete and mail in the form to the above address along with the contractor's license and insurance declaration) ** NO MODIFICATION. AT,TERATION OR ADDITION CAN BE MADE UNLESS APPROVED BY EVERGENE'S ARCHITECTURAL REVIEW BOARD** Approval is hereby requested to make the following modification(s1, alteration(s), or addition(s) as described and depicted below, or an additional attached pages as cecessary. (Please include such detail as the dimensions, materials, color design, location and other pertinent information). **BELOW IS TO BE FILLEO OUT BY THE EVERGRENE ARCHITECTURAL REVIEW BOARD"" DATE RECIEVED: 0 ~flOf? APPROVED AS FOLL WS:___-- DISAPPROVTD DUE TO:___--. Architectural Review Board Mernber(s) Signature - Date I EVERGRENE” 3.ltO,,l I 2,, ‘e, Evergrene Master Association, Inc. 650 Evergrene Parkway Palm Beach Gardens, FL 334 10 _- I 56 1-626- 198 1 May 7,2008 John Dipilato 1611 Nature Court Palm Beach Gardens, FL 33410 Dear Mr. Dipilato: We are please to inform you that your Architectural Review Modification Form recently submitted to modify the fence in your back yard has been approved by the Evergrene Architectural Committee. With this approval you will still be required to meet all other governmental agency requirements and codes. It has been a pleasure helping you with the application and if we can assist you with any other matter please call our office at 561-626-1981. *iy, DoGa M Pounds, LCAM Assist ant Property M an age r Evergrene Master Association, Inc. October 14, i 308 To Whom It May Concern: The owners of 1612 Nature Court, Jonathan Coffman and Michele Coffman, do not object to tlie construction and placement of the fence at 1609 Nature Court. STEW A. COHEN, ESQ., EA. ATTORNEY AT LAW NURTHBR[WECENTRE SI5 N. FLAGLER DW, Sm 203 WEST PALM BEACH, n 33401 TEL: (561) 9024122 EMA!L: sacohmlaw@aolccrm FAX: (561) 802-4121 CELL (561) 202-7949 October 14,2008 To Whom It May Concern: I live at 161 4 Nature Court in Palm Beach Gardens, Florida. This is to inform the committee that we, the Cohen's, have no objection to the requested variance of my neighbors on Natura Court. Should you have any questions, please contact me. October 14,2008 To whom it may concern: I support keeping the fence - as is - at 1609 Nature Ct. It is aesthetically pleasing and it poses no problem, whatsoever, to the neighborhood. Once again, It is my opinion that the fence should remain. ThankJou very much, Nancy Goodman 161 5 Nature Ct. Palm Beach Gardens, FI. To whom it may concern, I live next door to Maureen Barber on Nature Court and I am in approval of her fenced yard. We understand that the city requires a certain amount of space for fire rescue in the event of a fire. I will tell you that there is not enough space between homes or in the back yard for a fire truck to access this area therefore I feel that Maureen’s fence is not a problem. I feel the fence should remain as a safety factor for her 2 dogs. Sincerely, Diane Parisian 1610 Nature Court (561) 627-1660 April 14, 2008 Maureen Barber 1609 Nature Court Palm Beach Gardens, FL 33410 Dear Ms. Barber: We are please to inform you that your Architectural Review Modification Form recently submitted to install a fence in your back yard has been approved by the Evergrene Architectural Committee. With this approval you will still be required to meet all other governmental agency requirements and codes. It has been a pleasure helping you with the application and if we can assist you with any other matter please call our office at 561-626-1981. Respectfully, Larry E. Daly, CMCA, AMS Property Manager Evergrene Master Association, Inc. 1 I 1 F . >- ab )r*).b. , . 1. A d I CITY OF PALM BEACH GARDENS PLANNING, ZONING, AND APPEALS BOARD Agenda Cover Memorandum Date Prepared: Tuesday, September 30,2008 Meeting Date: October 14,2008 Petition: No. CUMJ-08-06-000014 SubjecUAgenda Item: Petition CUMJ-08-06-000014 - Seacoast Utility Authority (SUA) Major Conditional Use Public Hearing & Recommendation to City Council: A request from Mrs. Anne Booth of Urban Design Studio, agent of Seacoast Utility Authority (SUA) for approval of a major conditional use to allow modifications to the site plan for the expansion of an existing institutional use known as the Seacoast Utility Authority Hood Road Water Treatment Plant (SUAWTP) to include the addition of a 40,150 square foot Membrane Processing building and other minor modifications, located at the southwest corner of the intersection of Hood Road and Alternate AIA. The property possesses a Public (P) Future Land Use category within the Public Institutional (PI) zoning district, which allows for a utilities plant and major substations use to be permitted as a major conditional use. [ X ] Recommendation to APPROVE ] Recommendati Reviewed by: Development Compliance: Bahareh K. Wolfs, AlCP Growth Management L Kara Irwin, AlCP Approved By: City Manager: Ronald M. Ferris n to DENY Originating Dept.: Growth Management: Project Manager (r.l Stephen Mayer Sr. Planner [ XI Quasi-Judicial [ ] Legislative [ XI Public Hearing Advertised: Date: 9/29/08 Paper: Palm Beach Post [ X ] Required Affected Parties: [XI Notified [ ] Not Required Finance Dept.: NIA Allan Owens, Administrator SeT TreshaThomas Fees Paid: [ ] Yes Funding Source: [ ]Operating [XIOther NA Budget Acct.#: NA Planning, Zoning, and Appeals Board Action: [ ]Approved [ ] App. w/ conditions [ ] Denied [ ] Rec. Approval [ ] Rec. Approval w/conditions [ ] Rec. Denial [ ] Continued to: Attachments Applicant's Narrative & Response to DRC Comments Applicant's Conditional Use criteria analysis Staffs Conditional Use criteria analysis SUA Letter regarding Reduced Plans noise abatement BACKGROUND The request is to amend the site plan and allow an expansion of an existing major conditional use for a utility plant to the 40-acre Seacoast Utility Authority Hood Road Water Treatment Plant (SUAWTP), located on the southwest corner of the intersection of Hood Road and Alternate AIA. The request is a required part of an effort to convert the existing water treatment plant on Hood Road from a lime softening system to a state-of-the-art membrane treatment plant. This conversion will allow the facility to meet future demands for water quantity and quality. The proposed modifications to the approved site plan include: Addition of a 40,150 square foot Membrane Process building Addition of chemical storage areas, fuel tanks, ground storage tanks, clearwell, booster pump stations and various other accessory structures Removal of various components of the lime softening facilities, sludge ponds, and accessory structures Redesign of the existing ponds, canals and retention areas Improvements to the landscape plan and minor site plan changes LAND-USE AND ZONING DESIGNATIONS The subject site is designated with a future land-use of Public (P) category and is within the Public-Institutional (PI) zoning district. PROJECT DETAILS SUA is requesting a major conditional use to allow a utilities plant and major substation (facilities required for the conversion of an existing lime softening water treatment plant to a membrane water treatment plant). The design of the state-of-the-art facility has been developed to minimize the impacts to the neighboring residential properties and to maximize the efficiency of the existing facilities that will remain in service after the conversion. The location of the membrane facility has been located to the farthest extent away from residential property and takes advantage of an existing landscape buffer that includes a 5 foot berm and thick landscaping. Lakes are being relocated and consolidated to allow the proposed building to be located at the farthest distance from residential properties. The 500 foot separation between the membrane facility and residential property also includes existing administrative buildings and a 6 foot wall, both of which provide noise and visual barriers. The state of the art facility includes construction elements designed to minimizing noise. The facility will be constructed with acoustic building materials, acoustical louvers, and air plenums, engineered for noise attenuation and the noise generating rooms have been designed to the farthest end (easternmost) end of the building. Sludge is no longer proposed to be stored on site and SUA is installing degasser equipment that abates odor nuisances. 2 Date Prepared: September 30, 2008 Meeting Date: October 14,2008 Petition: No. CUMJ-08-06-000014 Staff has visited the Palm Beach County Water Treatment Plan #9 to evaluate the noise and odor levels of a similarly designed facility. Staff is satisfied that SUA is utilizing the most current available enhancements to abate potential noise and mitigate other impacts such as odor, and therefore meet the criteria of the major conditional use. Location The subject site is located on the on the southwest corner of the intersection of Hood Road and Alternate AI A. The subject site is bounded on the west and south by The Isles, on the north across Hood Road by Evergrene and the Palm Beach Gardens RV Park, and on the east across the FEC Railroad and Alternate AIA, Frenchman’s Reserve. Concurrency Pursuant to Section 78-77(a), the project is exempt from obtaining a concurrency certificate because it meets two criterion for exemption. Section 78-77(a)(I) states that a vested property for which a development order has been granted prior to the adoption of the city concurrency management system, and the project has progressed in accordance with the concurrency requirements of the development order is exempt from concurrency. Furthermore, Section 78-77(a)(3) states that accessory buildings or structures that do create additional impacts on public facilities are also exempt. The project was originally approved in June 1975, which was prior to the concurrency requirements and the proposed modifications to the SUAVVTP are accessory buildings and structures that do not create additional impacts on public facilities. Therefore, the site plan modifications and approval of the major conditional use is exempt from obtaining a concurrency certificate. Site Access Hood Road provides existing access to the site that is not proposed to change. Access to the plant facilities is restricted and gated due to homeland security concerns and pursuant to regulations. Public access is limited to the public administrative building only. Architecture The proposed architecture and color scheme of the new facilities improve the quality of development and provide consistency with surrounding residential homes. The applicant has provided a balancing vertical element on the north faGade (facing Hood Road) and is an exemplarity example of a public facility. The existing color scheme is peach and the proposed color scheme does not match. However, staff has provided a condition of approval requiring the applicant to paint the existing structures to match the new color scheme upon maintenance of the existing structures. Upon demolition of the old lime softening plant, all remaining structures on the plant that have not been repainted will be painted with the colors consistent with the proposed membrane building, with the exception of the previously approved color scheme on the elevated water storage tower. 3 Date Prepared: September 30,2008 Meeting Date: October 14,2008 Petition: No. CUMJ-08-06-000014 Parking The existing water treatment plant provided more parking than required by code in order to provide additional parking for field crew vehicles. The existing water plant continues to meet and exceed the parking required due to the modification of the plant to add a membrane process building and accessory structures. The parking required for the officellab and warehouse is 156 spaces, and the required parking for employees working in the plant is 10 spaces, for a total of 166 required parking spaces. The site plan provides for 282 parking spaces. The existing parking is already over the 10% of the required parking, and the expansion of the use reduces the percentage of additional parking. DEVELOPMENT REVIEW COMMITTEE (DRC) COMMENTS A DRC meeting was held on July IO, 2008. The applicant has addressed all DRC comments in the attached memos from Urban Design Studio. CONDITIONAL USE CRITERIA Section 78-1 59, Table 21 , Permitted, Conditional, and Prohibited Use Chart, Note (62) Utilities Plant, states that a water treatment plant shall comply with the standards listed below: The plant shall be compatible with the surrounding land uses. The existing plant is adjacent to the FEC railroad, but is also adjacent to residential property. However, the plant is adequately buffered from adjacent residential land uses and the approval of the major conditional use does create additional impacts on the surrounding land uses. Although there are existing non-conformities, the expansion of the plant does not create additional negative impacts or nonconformities to the adjacent residential properties. Staff notes that certain non- conformities, such as landscaping, have actually been reduced. The plant shall implement city-approved odor control policies if sludge is stored on- site. Sludge will no longer be produced or stored on-site due to the conversion to the membrane processing system. The plant is setback a minimum of 500 feet from any property with a residential future land use or zoning designation, or property used as a public park. The existing plant does not meet this setback on the west and south property lines adjacent of the lsles residential property. However, the expansion to the plant does nof increase fhe existing non-conformity. The plan is setback a minimum of 250 feet from any property with a nonresidential future land use or zoning designation. The plant meets all required setbacks from nonresidential property. A perimeter landscape buffer of at least 25 feet in width shall be provided on all sides of the plant. Landscaping within the buffer shall comply with the requirements of division 7 of article V. 4 Date Prepared: September 30, 2008 Meeting Date: October 14, 2008 Petition: No. CUMJ-08-06-000014 The plant complies with the requirements of division 7 of article V. 9 Vehicular access shall be provided from a city collector, county minor arterial, state minor arterial, state or state principal arterial roads. The existing plant has vehicular access onto Hood Road, which is a county minor arterial. 0 Staff finds that the existing water treatment plan meets these standards and the changes due to the major conditional use do not adversely impact the standards. In the attached narrative, the applicant and staff has addressed each of the Conditional Use criteria per Section 78-52(d). PLANNING, ZONING AND APPEALS BOARD The Planning, Zoning, and Appeals Board (PZAB) reviewed the subject petition at a public hearing on August 25, 2008 and voted 7 to 0 to recommend approval to the City Council with an additional condition to provide a balancing vertical element on the north fagade of the architectural elevations. Staff also requested that condition #I be revised to read the existing color scheme will be painted to match the proposed color scheme. The PZAB and residents of the Isles requested staff to obtain information regarding the noise and odor abatement features that will be installed on the new facility and ensure that 0 potential impacts are mitigated. Due to resident’s questions concerning the date of the hearing, staff discovered that the applicant’s mail notification did not properly notify the public of the correct date and time. Therefore, the public hearing on August 25, 2008 must be reheard. The applicant has submitted revised plans with the recommended balancing vertical element on the north fagade of the architectural elevation and has included responses to the issue of noise and odor abatement measures taken by SUA. Staff also made the appropriate revisions to the conditions of approval. STAFF RECOMMENDATION Staff recommends APPROVAL of CUMJ-08-06-000014 with the following conditions: Planning and Zoning 1. With the exception of the elevated water storage tower, upon demolition of the lime softening plant, all of the existing building colors will be painted to match the proposed building colors for the expansion. Any painting maintenance performed on existing structures shall be repainted to the new color scheme. (Planning &Zoning) 2. Prior to the issuance of a Certificate of Occupancy, all roof top mechanical equipment shall be screened from view. (Planning & Zoning) Date Prepared: September 30,2008 Meeting Date: October 14, 2008 Petition: No. CUMJ-08-06-000014 3. All on-site lighting shall be cast downward and shielded from adjacent properties. (Planning & Zoning) 4. At no time shall staging of construction vehicles and/or service vehicles occur within a public right-of-way. All vehicular construction activities shall use a construction access off of Hood Road. (Planning & Zoning) 5. The Applicant shall coordinate and receive approval from the Growth Management Administrator prior to the closing of any public sidewalk. (Planning & Zoning) City Forester 6. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall install all required buffer plantings in accordance with the approved landscape plan. (City Forester) Ennineerinq 7. Applicant shall copy to the City all permit applications, permits, certifications and approvals. (City Engineer) 8. Applicant shall provide all necessary construction zone signage as required by the City Engineer. (City Engineer) 9. Prior to construction plan approval and the issuance of the first land alteration permit, applicant shall provide a cost estimate and surety in accordance with LDR Section 78-309 and 78-461 and a cost estimate 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) 1 O.The construction, operation and/or 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) 11.Prior to issuance of the first land alteration permit, applicant shall submit signedkealedldated construction plans (paving/grading/drainage and waterlsewer) and all pertinent calculations for review and comment. (City Engineer) 12.Prior to construction plan approval and the issuance of the first land alteration permit, applicant shall schedule a pre-permit meeting with City staff. (City Engineer) 6 Date Prepared: Septern ber 30,2008 Meeting Date: October 14, 2008 Petition: No. CUMJ-08-06-000014 13. Prior to the issuance of the first land alteration permits the applicant shall provide to the City letters of authorization from the applicable utility companies allowing landscaping and light poles to be placed within the utility easements. (City Engineer) a 14.The applicant shall be limited to one construction vehicle access point unto Hood Road. If an unpaved access point is to be used, until the site is stabilized, soil tracking prevention device Type A shall be provided at the exit point from the project area, which shall conform to FDOT index 106. (City Engineer) Police Department 15. Prior to the issuance of a Certificate of Occupancy for the membrane processing facility, the Applicant shall install all on-site lighting. All exterior pedestrian walkway lighting shall utilize a maximum 24 foot light poles, and all on-site lighting shall consist of metal halide or equivalent lighting approved by the Police Department. (Police Department) 16. Landscaping shall not obstruct the view from windows or walkways. Ground cover should not exceed 24” in height and high branched trees should be trimmed to seven feet. (Police Department) 17. Prior to the issuance of a Certificate of Occupancy for the membrane processing facility, the Applicant shall provide photocell sensor engaged lighting above or near entryways and adjacent sidewalks for said building. (Police Department) 0 18.Prior to the issuance of a Certificate of Occupancy for the facility, all entry doors(non-glass single/double) shall be equipped with astragal over the threshold of the locking mechanism and case hardened deadbolt locks shall be provided on all exterior/interior doors with a minimum one (1) inch throw or mechanical interlock. Doors secured by electrical operation shall have a keyed-switch or signal locking device to open the door when in the locked position. Exterior doors should have a holding force of at least 10001bs. door hinges shall employ non- removable hinges. (Police Department) 19.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 facility. (Police Department) 20. Prior to the issuance of a Certificate of Occupancy for the membrane processing facility, all numerical addresses shall be placed at the front of the building. Each numerical address shall be illuminated for nighttime visibility, with an uninterruptible A/C power source, shall consist of twelve (12) inch high numbers. (Police - Department) 21. Prior to the issuance of a Certificate of Occupancy, buildings with a total square 7 Date Prepared: September 30,2008 Meeting Date: October 14,2008 Petition: No. CUMJ-08-06-000014 footage of at least 10,000 square feet shall have roof top numbers placed parallel to the addressed street, only visible from the air. The numerals should be blocked lettered, weather resistant material, four feet in height and 18 inches wide. (Police Department) 22. Prior to the issuance of a Certificate of Occupancy for the membrane processing facility, the following security measures shall be installed, and reviewed and approved by the Police Department: a. Building shall be equipped with an intrusion alarm system. b. Doors shall be equipped with metal plate over thresh- hold of the locking mechanism. c. Interior doors to offices/meeting rooms shall have 180 degree peephole viewers or a vision panel. d. Door hinges shall be installed on interior side of door or non-removable hinge pins or a mechanical interlock to preclude removal of door from the exterior. e. Glazing in interior doors, or 40 inches within of any locking device shall be rated burglary resistant glazing. f. Restrooms shall be placed in central areas with maze entrances; avoid double door entry systems. g. Where applicable emergency doors shall have no exterior handles. Panic hardware shall have self locking mechanism, shall have three locking points and shall have a protective astragal attached to the exterior of the door, which will cover opening between the door and frame, it should extend one inch beyond edge of the door to which it is attached. Aluminum roll up doors shall have two lock receiving points with torsion spring counterbalance-type hardware. h. A high resolution color digital video camera system with monitoring and photo processing/ freeze frame/zoom capabilities shall be installed. Cameras shall be above entrancelexit doors, chemical and fuel storage sites. i. The proposed modifications shall meet homeland security concerns and regulations regarding visibility of plant facilities, hazardous chemical release, cyber and physical security. (Police Department) Miscellaneous 23. Approved civil design and architectural drawings, including floor plans, shall be submitted prior to the issuance of the Certificate of Occupancy for the membrane processing facility. (GIs Manager, Development Compliance Officer) 24.Applicant shall notify the City’s Public Works Division at least IO working days prior to the commencement of any workkonstruction activity within any public right-of- way within the City of Palm Beach Gardens. In the case of a city right-of-way, the applicant has at least five working days to obtain a right-of-way permit. Right-of-way permits may be obtained at the Building Division. Failure to comply with this condition could result in a Stop Work Order of all workkonstruction activity within the public right-of-way and the subject development site. (Public Works) 8 urban PROJECT NARRATIVE SEACOAST UTILITY AUTHOFUTY HOOD ROAD WATER TREATMENT PLANT MEMBRANE CONVERSION June 10,2008 Urban Design Urban Planning Land Planning Landscape Architecture RequestAocation This is a request for an amendment to the site plan for the approved Major Conditional Use approval for the Seacoast Utility Authority Hood Road Water Treatment Plant (SUAWTP) to modify their operations to convert the existing Water Treatment Plant on Hood Road from a lime softening system to a membrane softening “nanofiltration” system. This conversion will allow the utility to meet the future demands of the north county for water quantity and water quality. After analysis of the needs of the overall site, including any potential impacts to surrounding residential neighbors were taken in to consideration, the design of the facility has been developed to minimize impacts to the neighbors and to maximize the efficiency of the existing facilities that will remain in service after the conversion. In an effort to minimize the impacts to the property owners to the south, the lakes are being relocated and consolidated to allow the proposed membrane building to be located at the north end of the site. The proposed site plan reflects the ultimate plan design as the conversion of the facility will take several years for full implementation and both systems will be required until the membrane system can be successfully started. With the conversion of the treatment system at the Hood Road facility, SUA will be able to consolidate their other facilities and make operations more efficient. The proposed modifications to the site plan include the following: addition of a 40, I50 square foot Membrane Processing building addition of chemical storage areas, fuel tanks, ground storage tanks, clearwell, booster pump removal of various components of the lime softening facilities, sludge ponds, and accessory redesign of the existing ponds, canals and retention areas improvements to the landscape buffer in front of the existing administration building and stations and various other miscellaneous accessory structures structures. 0 miscellaneous improvements to the existing storage and staging area The 40 ac. SUAWTP is located on the southwest corner of the intersection of Hood Road and Alternate A1 A. The site is bounded on the west and south by The Isles, on the north by Evergrene, and the Palm Beach Gardens RV Park, and on the east by the railroad tracks, A1A and Frenchman’s Reserve. Suite 225 - The- Lofts at City Place est Palm Beach, FL 33401 JUN 11 208 I .366.1100 561.366.1 11 I fax Project Narrative - SUAWTP Membrane Conversion June 10,2008 Page 2 History This property was originally approved in June of 1975 by Palm Beach County as a Special Exception for a Water Treatment Plant in the AR-Agricultural Residential District (comparable to a Conditional Use approval in Palm Beach Gardens). In July of 1975 Palm Beach County approved the site plan for the Water Treatment Plant. Subsequent amendments to the site plan were approved by Palm Beach County in Sept 1979, and August 1984. In May of 1988 the City of Palm Beach Gardens annexed the existing Water Treatment Plant into the city limits under Ordinance 27, 1988. That annexation stipulated that the land was subject to the approved Palm Beach County Land Use and zoning regulations until amended by Palm Beach Gardens. In December of 1990, the Palm Beach Gardens City Council approved a re-zoning of the property (Petition 2-90-04) from Palm Beach County Agricultural Residential with a Special Exception for a water treatment plant to GU- Government Use, and also approved a site plan modification (SP-90- 14) to allow the construction of a 2-million gallon water storage tank, backwash recovery system and vehicle storage structure. Both of these actions were approved by Ordinance 29, 1990. In March of 1991, the city initiated a modification to the zoning and land use categories which re-designated the property as P-Public Institutional. In September of 2003, the City Council approved Ordinance 33,2003 to allow a modification to the approved site plan to relocate parking and landscaping as a result of modifications that were necessary for the Hood Road construction project. Ordinance 33,2003 also allows for future amendments to the site plan to be processed as Site Plan Review applications without public hearings. More recently, the Hood Road plant received approval via Resolution 200,2004 for the first phases of the site upgrades on October 2 1,2004. This Resolution granted approval for modifications to the site plan that include the removal and replacement of the existing elevated water storage tank, the construction of one of the previously approvedhn-built 2 MG ground water storage tanks, the construction of a 150 square foot Booster Pump Shed and the construction of a new entrance sign. ComplianceLand Use The proposed development is an existing Water Treatment Plant with a Major Conditional Use approval in the P/I Public Institutional district. The Comprehensive Plan designation of the site is P-PubhInsth.&ional whkh is consistent-with the-zoning-and use of the-site. Traffic/Access The proposed modifications to the Seacoast Utility Authority site are structural in nature and will not add any additional employees, or daily trips to or from the site. Hood Road provides access to the site and the entrances are existing. No modifications are being proposed as part of this application. Access to the plant facilities is restricted and gated due to homeland security concerns and regulations. Public access is limited to the public administration building only. Project Narrative - SUAWTP Membrane Conversion June 10,2008 ZONING P/I - Public Institutional with Major Conditional Use Approval for Water Treatment Plant PCD and/ AR with SE for RV Park RL3 PUD PCD PUD Page3 Phasing FUTURE LAND USE P RL RL RL RL The ultimate construction of the membrane facility and all the accessory structures will take many years. The operation of the existing facility must be maintained and phased out until the new membrane facility can be successfully operated. Upon start up, the lime softening operation will be demolished and removed. Several structures currently being used as part of the lime softening operation will continue to be utilized to make the transition as smooth and efficient as possible. Existing Zoning and Land Use Designations & Site Comparison Comparison (per code unless otherwise noted) Open Space Minimum Site Area Minimum Lot Width e Allowed Proposed Compliance N/A 71.8% Yes 15,000 SF 40 acres Ye5 100’ 1317‘ yes EXISTING USE Maximum Density SUBJECT PROPERTY: Water Treatment Plant ~~ None None Yes TO THE NORTH: Evergreene PCD and/ Palm Beach Gardens RV Park TO THE SOUTH: The Isles TO THE EAST: RailroadAl AFrenchman’s Reserve TO THE WEST: The Isles Waiver Requested Project Narrative - SUAWTP Membrane Conversion June 10,2008 Page 4 Seacoast Utility A rtthnrity Wnter Treatiiteitt Piaiit Comparison (per code Allowed Proposed Compliance Waiver unless otherwise noted) Requested Maximum Building Lot 40% 13.6% or 5.43 acres Yes Maximum Building 45 feet 45 feet Yes Coverage Height Front 25 feet 123 feet Yes Side 15 feet 58.4 feet Yes Rear 15 feet 255 feet Required 166 spaces required 282 (7 accessible) Yes (6 accessible) Stall Dimensions 10 feet x 18.5 feet 10' x 18.5' Yes Number Allowed Setbacks Dimensions 1 for 300 feet of ROW frontage, + 1 per additional 700 feet ROW frontage) 15 feet-from ROW line 50 feet-side property line 15 fl length/ IO ft height maximum, 60 square feet face area maximum 1 40' from ROW line, 75' from side property line ~ ~~ I 12.6 fi length I 10 ft height Architectural Style and Special Features The proposed membrane building will be architecturally articulated to include the colors, style and materials of the adjacent Evergrene residential community. The facade includes columns, arches, arched windows and tower elements at the entrance and each end of the building. The columns include the use of stone similar to the stone used on the wall across the street at Evergrene. The roof parapet line varies in height to provide relief and the corner tower elements extend beyond the front and side elevations of the building. The roof will be flat concrete tile and the wall colors will be a combination of shades of taupe with a blue accent around the architectural features. Project Narrative - SUAWTP Membrane Conversion June 10,2008 Page 5 " Lighting Additional lighting has been added in the proposed parking lot of the Membrane Processing Plant and the connecting vehicular access drive to the building. There are no proposed modifications within the remainder of the plant areas or outside the restricted areas, i.e the Administrative offices, labs, warehouse building, etc., were there is limited public access. Only security personnel and plant operators work at the plant after dark. Security lighting is provided throughout the property. Landscape Plans Previously the site was brought into compliance with the environmental ordinances of the City of Palm Beach Gardens with the approval and planting of the perimeter landscape buffers and common areas, approved via Resolution 200,2004. As part of this request, the proposed planting around the foundation of the membrane building includes Carpenteria and Alexander palms, ginger, coco plum, and jasmine. In areas adjacent to the building where conflicts exist between pipes and tree roots, planters have been provided to protect the pipes. Also included are landscape plans that reflect a modification of the landscaping at the front of the Administrative Offices building. This is a result of adjustments for the new pipe and drainage lines needed for the new plant and includes palms, shrubs and grasses. These plans take into account the restrictions of planting within close proximity of the existing underground lines as well as Homeland Security issues that require visibility of all of the plant facilities. The landscape buffer design also takes into consideration the landscape pallette's of the surrounding residential developments and attempts to incorporate plant materials that will blend together. The proposed pallette of plants for the SUA site includes many native species including pines, sables and oaks with multiple layers of plants under the tree canopies to help screen views into the site. Parking Required parking is calculated based on the code requirements of one space for every 250 square feet of office space as well as spaces needed for the public, field crews and service vehicles. There are currently approximately 97 employees at the facility including administration office staff, plant operators, field crew and field supervisors. The existing facility requires 166 spaces and provides 108 field crew spaces which is within the limits allowed by the code. Signage The petitioner is not requesting to change the current signage program as a part of this request. The site currently has one monument sign located on Hood Road. Drainage The site is part of the Unit 2A basin. Drainage outfall has been accomplished by storage in retention areas onsite with outfall into the adjacent canal system. Project Narrative - SUAWTP Membrane Conversion June 10,2008 Page 6 WAIVERS The applicant is not requesting any waivers. CONDITIONAL USE ANALYSIS SEACOAST UTILITY AUTHORITY HOOD ROAD WATER TREATMENT FACILITY Membrane Conversion June IO, 2008 In accordance with Section 78-52. Conditional Uses, the following is an analysis based on the criteria as set forth in Part (d): (3) Comprehensive Plan. The proposed use is consistent with the comprehensive plan. The Seacoast Utility Authwity Water Treatment Plant (SUA WTP) is an existing facility and approved conditional use in the PI- Public Institutional District which is consistent with the FL UP designation of P-Public/Institutional. The proposed application is a request to modifi the site plan to allow the construction of a membrane processing facility which will replace the current lime softening system. This use of the site will continue to be a major public utility plant which is consistent with the comprehensive plan. Chapter requirements. The proposed use is consistent with all applicable requirements of this chapter. The proposed site plan meets or exceeds all requirements of the code. There are no waivers requested as a result of this proposed site plan modijkation. Standards. The proposed use is consistent with the standards for such use as provided in Section 78-159. The Seacoast Utility Authority Water Treatment Plant (SUA WTP) is an existing facility and an approved conditional use. This site is in compliance with all requirements of the standards in Section 78-I59 . (see below) Section 78-159 Permitted uses, conditional, and prohibited, Table 21: Permitted uses, Conditional, and Prohibited Use Chart, (62) - Utility plan and major substation. Water treatment, sewer treatment, electric, gas or other utility plants and major substations are permitted as a conditional use in the following zoning districts: P/I, PDA, CONS, M1, MlA, and M2. Utility plants and major substations shall company with this standards listed below: C:\Documents and Settings\abooth\Desktop\Briefcase\Jobs\SeacoastUtili~~embrane ConversionMpplication Info\CU Analysis.070207.wpd LCC35 Conditional Use Analysis SUA WTP June 10,2008 Page 2 a. The plant shall be compatible with surrounding land uses. The SUA WTP has been providing service from this location since 1976 which was prior to the existence of the surrounding residential communities. As the surrounding uses have developed, the communities have made accommodations to address the existence of the plant. This request is to modih the system of treatment which will improve the quantity and quality of water to the customers of the utility and is not anticipated to create any additional impact to the surrounding neighborhoods. The site design has taken into consideration the adjacent communities and has been adjusted to minimize any impacts. The proposed membrane building has been designed to be consistent with the architectural style, colors and materials of the nearby homes and the location of the membrane accessory structures and tanks have been carefully selected to take advantage of the existing buffers and to maximize the separation between the southern and western property lines. b. The plant shall implement city-approved odor control policies if sludge is stored on-site. The proposed conversion to membrane processing will eliminate the production of sludge 0 and it’s storage. c. The plants are setback a minimum of 500 feet from any property with a residential future land use or zoning designation, or property used as a public park. As noted above, the SUA WTP has been in existence since 1976, which was prior to the existence of the surrounding uses. d. The plants are setback a minimum of 250 feet from any property with a nonresidential futurc land use or zoning designation. Please see above. e. A perimeter landscape buffer of at least 25 feet in width shall be provided on all sides of the plant. Landscaping within the buffer shall comply with the requirements of Division 7 of Article V. C:Documents and Settings\aboothDeskop\BriefcaseVobs\Seaco~tUtili~\Membrane ConversionMpplication Info\CU Analysis.070207.wpd LCC 35 Conditional Use Analysis SUA WTP June 10,2008 Page 3 The northern and eastern landscape buffers for the SUAWTP have recently been expanded and enhanced to include a berm and extensive landscape material aspart of Resolution 200, 2004. The southern and western buflers provide for a wall and open space through an agreement with the abutting home owners association. f. Vehicular access shall be provided from a city collector, county minor arterial, state minor arterial, state, or state principal arterial roads. Access to the site is provided from Hood Road, a County collector roadway. (4) Public welfare. The proposed use provides for the public health, safety, and welfare by: (a) Providing for a safe and effective means of pedestrian access; (b) Providing for a safe and effective means of vehicular ingress and egress; (c) Providing for an adequate roadway system adjacent to and in front of the site; (d) Providing for a safe and efficient onsite traffic circulation, parking, and overall control; and (e) Providing adequate access for public safety purposes, including fire and police protection. a) The water treatment plant site is a secured area with limited access. The public is not allowed to enter the site un-accompanied. A sidewalk connection has been made JFom the administrative ofices to the public sidewalk along Hood Road 6) Vehicular access to the administrative building is separate JFom the access to the plant. Access to the plant is provided by an existing curb cut on Hood Road. Circulation around the plant site is being provided for truck delivery of chemicals and other materials required for the operation of the plant. c) Access is provided by Hood Road which has recently been expanded to a 4 lane cross- section. d) On-site trafic circulation to the plant is gate controlled. There are driveways surrounding the membrane processing building and around the site to allow for truck delivery of chemicals and fuel. Access to the administrative offices has been previously reviewed and approved. e) Access to the plant for public safety purposes has been reviewed and approved by the PBG police and fire departments. C:\Documents and Settin~s\abooth\Des~o~\BriefcaseUobs\SeacoastUtili~\Membrane ConversionMmlication Info\CU - .I Analysis.070207.wpd LCC35 Conditional Use Analysis SUA WTP June 10,2008 Page 4 (5) Screening and buffering. The proposed use utilizes such techniques as landscaping, screening, buffering, site or building design, or business operation procedures to mitigate impacts on surrounding properties, including such impacts as: (a) Noise; (b) Glare; (c) Odor; (d) Ground, wall, or roof-mounted mechanical equipment; (e) Perimeter, interior, and security lighting; (f) Signs; (g) Waste disposal and recycling; (h) Outdoor storage of merchandise and vehicles; (i) Visual impact; (j) Hours of operation; The site currently has a 30’ thick landscape buffer along the northern and eastern property lines. The southern and eastern property lines have an existing wall between the abutting use and the plant. The Administrative Ofice building on Hood Road also incorporates a lush landscaping program which is being amended with this application to further enhance the buffer along Hood Road and to address the additional pipes that will be required to service the plant. The applicant has a history of working with their neighbors to address any concerns about ongoing operations. All appropriate measures have been taken to address the requirements of this section and to reduce impacts to the surrounding neighbors. (6) Utilities. The proposed use minimizes or eliminates the impact of utility installation, including underground and overhead utilities, on adjacent properties. The proposed improvements will enhance services to the adjacent properties. As part of the overall project, there will be additional pipes that will be necessary to connect the Richard Roadplant to the Hood Roadplant. Every effart is being taken to minimize the impacts to the adjacent property owners where new pipes are required. C:\Documents and Settings\abooth\Deskop\Briefcase\Jobs\SeacoastUtility\Membrane ConversionMpplication InfoCU Analysis.070207.wpd LCC 35 Conditional Use Analysis SUA WTP Page 5 (7) Dimensional standards. The proposed use meets or exceeds all dimensional requirement required by the chapter. All dimensional requirements are being met, no waivers are being requested. (8) Neighborhood Plans. The proposed use is consistent with the goals, objectives, policies, and standards of neighborhood plans. We are not aware of the existence of any neighborhoodplans for this area, however, the applicant has a history of working together with their surrounding neighbors and will continue to help establish high standards to maintain the esthetic appearance of the neighborhood. The Authority has recently made a substantial investment in the landscape improvements on the site and continue the commitment to the neighborhood by designing the membrane building to be compatible with the neighborhood character. (9) Compatibility. The overall compatibility of the proposed development with adjacent and area uses, and character or area development. The SUA WTP facility was in existence prior to the construction of the surrounding residential communities. The communities have adapted to the existence of the plant with the use of walls and buffers. The proposed site plan modijkation incorporates similar architectural style, color and materials to the surrounding homes, and the landscape buffer on the site provides a dense screen. (10) Patterns of development. The proposed use will result in logical, timely, and orderly development patterns. The SUA WTP facility was in existence prior to the construction of the surrounding residential communities. The proposed conversion will allow the water treatment facility to improve quality and quantity of water services in response to the increase in demand for additional water. (11) Purpose and intent. The proposed use will be in harmony with the general purpose and intent of this chapter and the goals, objectives, and policies of the City. The purpose and intent of the plant is to provide water to the community in an efficient and cost effective manner. The proposed modijications will enhance service to the utility C:\Documents and Seffings\abooth\Desktop\BriefcaseVobs\SeacoastUtili~\Membrane ConversionMpplication Info\CU Analysis.070207.wpd LCC35 Conditional Use Analysis SUA WTP June 10,2008 Page 6 customers. The proposed modifications are in keeping with the general purposes of the code. (12) Adverse impact. The design of the proposed use and structures will minimize any adverse visual impacts or impacts caused by the intensity of the use. The petitioner is proposing an architectural design for the Membrane Processing building that is consistent with the surrounding neighboring communities. The existing landscape berdbufler will aid in screening the building and the accessory structures $+om view. The location of the structures has been carefully selected to maximize the separation fiom the southern and western property lines. (13) Environmental impact. The design of the proposed use minimizes any adverse impacts that may be created, including impact on environmental and natural resources including air, water, storm water management, wildlife, vegetation, and wetlands. Environment impacts were addressed at the time of the original approval. The current plant operations meet all required local, state and national standards as required. C:\Documents and Settings\abooth\Deskop\Briefcasevobs\SeacoastUtility\Membrane ConversionMpplication Info\CU AnaIysis.070207.wpd LCC 35 CONDITIONAL USE ANALYSIS City of Palm Beach Gardens LDR Section 78-52 (I) Comprehensive plan. The proposed use is consistent with the comprehensive plan. StuffAnalzlsis: As demonstrated in the staff report for this petition, staff has determined that the proposed expansion to the existing utility plant use is consistent with the City’s Comprehensive Plan. (2) Chapter requirements. The proposed use is consistent with all applicable requirements of this chapter. StuffAnahsis: Section 78-159 of the City’s LDRs, entitled Permitted Uses, Conditional and Prohibited Uses, allows “utility plant and major substation,” to be located within the Public/Institutional (PI) zoning district and must acquire conditional use approval from the City Council. The proposed development plans are generally consistent with the requirements of the City’s Land Development Regulations. (3) Standards. The proposed use is consistent with the standards for such use as provided in Section 78-159. StaffAnalysis: The proposed use is consistent with the additional standard6 provided in Section 78-1590’). (4) Public welfare. The proposed use provides for the public health, 0 - safety, and welfare by: a. Providing for a safe and effective means of pedestrian access; b. Providing for a safe and effective means of vehicular ingress and egress; c. Providing for an adequate roadway system adjacent to and front of the site; d. Providing for safe and efficient onsite traffic circulation, parking, and overall control; and e. Providing adequate access for public safety purposes, including fire and police protection. 0 StaffAnalusis: Staff has determined that the proposed use provides for the aforesaid standards and, therefore, provides for the public health, safety, and welfare. (5) Screening and buffering. The proposed use utilizes such techniques as landscaping, screening, buffering, site or building design, or business operation procedures to mitigate impacts on surrounding properties, including such impact as: 0 a. b. C. d. e. f. g* h. i. j- Noise; Glare; Odor; Ground-, wall-, or roof-mounted mechanical equipment; Perimeter, interior, and security lighting; Signs; Waste disposal and recycling; Outdoor storage of merchandise and vehicles; Visual impact; and Hours of operation. StaffAnalysis: Staff has provided conditions of approval to ensure that any negative impacts on the adjacent properties will be minimized, due to the expansion of the existing major conditional use. (6) Utilities. The proposed use minimizes or eliminates the impact of utility installation, including underground and overhead utilities, on adjacent properties. Staff Analusis: The applicant has minimized the negative impacts of the project on the adjacent properties, for example, sludge will no longer be stored on-site due to the conversion to the membrane processing. (7) Dimensional standards. The proposed use meets or exceeds all dimensional requirements required by the chapter. StaffAnalysis: The proposed site is consistent with the requirements of this chapter. (8) Neighborhood plans. The proposed use is consistent with the goals, objectives, policies, and standards of neighborhood plans. (9) Compatibility. The overall compatibility of the proposed development with adjacent and area uses, and character of area development. StaffAnalusis: The site has functioned as a utility plant for Seacoast Utility Authority 2 since 1976. Because the site has existed prior to the residential development adjacent to the site, the proposed expansion of the major conditional use, in staffs opinion, is compatible with the surrounding areas. (10) Patterns of development. The proposed use will result in logical, timely, and orderly development patterns. Staff Analusis: As mentioned above, the site has operated as a lime softening water utilities plant since 1976. The petition to expand the major conditional use to convert the plant to a modern technology is in keeping with the historical use of the site. (11) Purpose and intent. The proposed use will be in harmony with the general purpose and intent of this chapter and the goals, objectives, and policies of the City. StaffAnalusis: Staff has reviewed the proposed use and found it to be in harmony with the intent of the City’s LDR’s and the Goals, Objectives, and Policies of the Comprehensive Plan. (12) Adverse impact. The design of the proposed use and structures will minimize any adverse visual impacts or impacts caused by the intensity of the use. StaffAnalysis: As provided in the staff report, the applicant will make every attempt to 0 minimize the negative impacts of the project on the adjacent properties. (13) Environmental impact. The design of the proposed use minimizes any adverse impacts that may be created, including impacts on environmental and natural resources including air, water, storm water management, wildlife, vegetation, and wetlands. Staff Analusis: Staff has reviewed the proposed development plan and determined that there will be no adverse impacts on environmental and natural resources. urban 0 Urban Design Urban Planning Land Planning Landscape Architecture DATE: September 30,2008 RE: SEACOAST UTILITY AUTHORITY - RESPONSE TO PZAB COMMENTS In response to the comments of the PZAB members at the September 23d hearing, please accept the following: 1. In response to the concerns expressed regarding the noise levels emanating from the membrane building, please find attached a letter from the project engineer which outlines the steps taken to address noise abatement as part of the layout of the buildings and the architectural design of the structures. In addition, as you know, we will be visiting the PBC WTP#9 which has been constructed using the same abatement techniques, to evaluate, in person, the noise levels that are generated by the operation of a membrane facility. 2. In response to the request to provide a balancing vertical element on the north facade of the architectural elevations, attached please find amended architectural plans that include an additional vertical architectural treatment similar to the feature at the entrance. 3. Also attached, are amended site and landscape plans which reflect the amended architectural footprint and the associated landscape adjustments required to accommodate the columns and overhang. The landscape design has been amended to mirror the Alexander Palm planting at the entrance. The proposed cocoplum hedge has been removed under the overhang and replaced with shade tolerant plants and the Crepe Myrtle trees have been shifted to either side of the feature. 4. With regard to the changes proposed to Condition Number 1, which outlines the color scheme for the new buildings and tanks, and the schedule for painting the rest of the structures on the site, the applicant has committed to having all structures on site painted a consistent color with the membrane building, upon the demolition of the Lime Softening Structures. Construction of the Membrane building and the ancillary structures will be carehlly coordinated to allow for dual operating systems to run concurrently. Upon completion and acceptance of the new system, the old system will be removed. As each new structure is built, it will be painted to be consistent with the base color of the proposed membrane building. Upon demolition of the old system, any remaining structures on the plant property that have not been painted, will be painted to be consistent with the colors of the proposed membrane building. Should you have any questions regarding the attached, or should you need us to address any other issues, please let me know. Thanks Suite 225 - The Lofts at City Place 561.366.1 100 G Wots\Sracoast UtilityWood Rd WP Membrane Convmion 200AApphcal1on Info\M~oStcphenPZABo~~ts 093008 wpd 8 Lcc35 West Palm Beach, FL 33401 561.366.1 11 1 fax 2301 Maltland Center Parkway, Suite 300 Maitland. Florida 32751 tek 407 660-2552 fax: 407 875-1 161 September 30,2008 Mr. Stephen Mayer Senior Planner City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33418 Subject: Seacoast Utility Authority - Hood Road membrane WTP Expansion - Noise Abatement Dear Stephen: In response to questions raised regarding the possible noise impacts and how the facility has been designed to minimize noise for the surrounding neighbors, I submit the following: The Seacoast Utility Membrane building complex, including the clearwell structure, has been designed to minimize noise levels in a number of ways as described below. e The location of the building has been carefully considered to take advantage of the existing landscape buffer on the north for both a noise and visual barrier. The buffer includes a 5' berm and thick variable layers of trees shrubs and groundcovers. The building is also separated from the adjacent residential community on the west and south by existing and future buildings, existing and future above ground water tanks, miscellaneous other structures and an existing 6' wall which separates the two properties. "lie building design elements have also taken noise attenuation into consideration through the efficient layout of the spaces within the building and the use of acoustical building materials. The layout of the membrane building allows the areas generating noise to be located within rooms that have been treated with an acoustical block and acoustical louvers. The more quiet administrative service areas are located in the west half of the building. As described earlier, acoustical block will be used h the pump, and service areas and blower room of the clearwell complex for sound reduction. Also, air plenums will be added in the generator room for additional acoustical treatment. These Plenums will direct the air noise from the generators up into the atmosphere. The acoustical building materials have been specified as 8", 10" and 12" acoustical concrete masonry units (acoustical CMU) and shall be soundblox type RSC/RF by Proudfoot 0 S:\49089\55112\~Llr~O8Sep(30.d~~ consulting . englneerlng constructlon - operatlons Mr. Stephen Mayer September 30,2008 Page 2 Company; equal by Treiiwyth Acoustical Products or equal. The blocks will include metal septum and fibrous filler. The fibrous filler and metal septum shall be inserted into polybags and hermetically sealed to protect against moisture. The blocks will have the following minimum sound reduction cliaracteristics: 8” Acoustical CMU: Noise Reduction Coefficient (NRC) 0.80 Sound Absorption Coefficient 0.48 8 125 Hz Sound Transmission Class (STC) = 53 10” Acoustical CMU: Noise Reduction Coefficient (NRC) = 0.80 Sound Absorption Coefficient = 0.48 0 125 Hz Sound Transmission Class (STC) 53-56 8“ Acoustical CMU: Noise Reduction Coefficient (NRC) 0.85 Souid Absorption Coefficient = 0.48 8 125 Hz Sound Traismission Class (STC) = 56 Acoustical louvers will also be used in the Membrane Building Pump Room, tlie Emergency generator room and tlie clearwell blower building to reduce exterior noise. “lie louvers will be Airolite or equal Airfoil Blade Acoustical louvers, constructed of aluminum and filled with mineral wool acoustic fiber for additional nose reduction. Noise reduction levels for the 12” Acoustical Louvers will be: 63HZ-i3db, 125HZ-iidb, 25OHZ-i3db, 500HZ-20db, 1,000HZ-22db, 2,000HZ-2idb, 4,000HZ- 20db, 6,000HZ-22db. The 8’’ Acoustical Louvers will have the following noise reduction levels: 63HZ-7db, 125HZ- Sdb, 250HZ-i 2db, SOOHZ-i 5db, 1 ,000HZ-20dbf 2,000HZ-24db, 4,000HZ-24dbf 6,000HZ-23db. Please note that these same specifications have been used in the construction of the Palm Beach County Water Treatment Plant #9 which we will be visiting later this week. Should you have any questions regarding this information, please let me know. S.\49089\5511 Z\C~Llr~D8Sepl30.docx a I Mr. Stephen Mayer September 30,2008 Page 3 Very truly yours, m David J, Prah, P.E., BCEE Principal Camp Dresser & McKee Inc. File: 49809-55112 - E-400, E-110 '5' ! I m < m 7J 0 7J m z m I- f; 4 @ 0 A 8 E r: 8 rn 0 P u, \ I I MATCH LINE I MATCH LINE I ----- I Y _J - $ EET-4 - EET-5 E =I / MATCH LINE SHEET4 MATCHLINESHEET-5 - z 0 I. 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E --a ---@ -----Q 6 c i i: P r; rn 5 C Z --e u_ CITY OF PALM BEACH GARDENS LOCAL PLANNING AGENCY Agenda Cover Memorandum Date Prepared: September 10,2008 Meeting Date: October 14,2008 Ordinance 27,2008 SubjecdAgenda Item: 10- Year Water Facilities Work Plan CPTA-08-08-000014: Comprehensive Plan Text Amendments Public Hearing and Recommendation to City Council: A City-initiated request for amendments to the Future Land Use, Infrastructure, Conservation, Intergovernmental Coordination, and Capital Improvement elements of the City’s Comprehensive Plan, providing for the 1 0-Year Water Facilities Work Plan as required by Chapter 163, Part 11, Section 163.3 177 F.S. [XI Recommendation to APPROVE ] Recommendation to D Reviewed by: Growth Management Adminigator: Karai. Irwin, AICP City Attorney Max Lohman Approved By: Ronald M. Ferris City Manager :NY Originating Dept.: Growth Management: Long Rang laming Manager p2 Nilsa Zacarias, AICP -. Action: [ ] Quasi-judicial [ X 3 Legislative [ XI Public Hearing Advertised: Date: 10/3/08 Paper: Palm Beach Post [ ] NotRequired 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. w/ conditions [ ] Denied [ ] Continued to: Attachments: . Data and Analysis . Public Notice . Ordinance 27,2008 (Contains Exhibit A: 10-Year Water Facilities Work Plan) Date Prepared: September 10,2008 Meeting Date: October 14,2008 Ordinance 27,2008 Page 2 of5 BACKGROUND The purpose of the Palm Beach Gardens Water Supply Facilities Work Plan (Work Plan) is to identifj and plan for the water supply sources and facilities needed to serve existing and new development within the local government’s jurisdiction. Chapter 163, Part 11, Section 163.3 177 F.S., requires local governments to prepare and adopt Water Plans into their comprehensive plans within 18 months after the water management district approves a regional water supply plan or its update. The Lower East Coast Water Supply Plan Update was approved by the South Florida Water Management District on February 15, 2007; therefore, the local governments within the Lower East Coast jurisdiction were required to adopt a related Water Supply Facilities Work Plan (WSFWP) and supportive amendments to their comprehensive plans by August 15,2008. In the City of Palm Beach Gardens, Seacoast Utility Authority (SUA) is the water service provider and residents purchase their water directly from them. Through the Development Review Committee (DRC) process the City of Palm Beach Gardens (The City) coordinates with Seacoast to ensure that enough capacity is available for existing and future customers, and Seacoast ensures that supporting infiastructure, such as the water lines, are adequately maintained. According to state guidelines, the Work Plan and the comprehensive plan amendment must address the development of traditional and alternative water supplies, bulk sales agreements, and conservation and reuse programs that are necessary to serve existing and new development for at least a 1 0-year planning period. SUMMARY OF CHANGES TO THE COMPREHENSIVE PLAN The proposed Comprehensive Plan amendments related to the 10-Year Water Facilities Plan are presented with double underline. FUTURE LAND USE Policv 1.2.1.10.: The City shall continue to coordinate with Palm Beach Countv’s Department of Environmental Resource Management to ensure that incompatibilities with the Palm Beach County Wellfield Protection Ordinance do not occur when reviewing applications for land use changes. Date Prepared: September 10,2008 Meeting Date: October 14,2008 Ordinance 27,2008 Page 3 of5 Policv 1.2.1.11.: The City shall coordinate with Seacoast the review of all land use chanpe applications to ensure the ava ability of adequate water supplies. Policv 1.2.1.12.:. The City shall update the 10 Year Water Supply Facilities Plan at the time of the Evaluation and Appraisal Report. Infrastructure Element Policv 4.D.1.1.8.: The City shall coordinate with Seacoast and Palm Beach County in the preparation of their Ten-Year Water Supply Work Plans. consistent with the directives of the Lower East Coast Water Supply Plan. Policv 4.D.1.1.9.: At the time of each reauired Evaluation and Appraisal Report. the City shall incorporate necessarv Ten-Year Water Supplv Work Plan directives enacted bv its water supplier and the regional water supply plan. Conservation Element Policv 6.1.1.9.: The Citv shall actively participate in the formulation and implementation of water supply conservation Dromams developed by Seacoast Utility Authority considering the SFWMD’s Lower East Coast Regional Water SupDlv Plan. Policv 6.1.1.10.: The Citv shall coordinate with Seacoast Utility Authority to implement Dotable water conservation programs established as part of its Ten-Year Water Facilities Work Plan and Consumptive Use Permit. Policv 6.1.1.11.: The City shall cooperate with Seacoast Utility Authority in the develoDment and implementation of water reuse programs. to the extent that they mav apply to Palm Beach Gardens. Intergovernmental Element Policv 8.1.4.6. The City shall continue requiring that all applicants for development aDprova1 procure written confirmation of potable water capacitv from Seacoast Drior to the issuance of a development order. Date Prepared: September 10,2008 Meeting Date: October 14,2008 Ordinance 27,2008 Page 4 of 5 Policv 8.1.4.7.: The City shall update the 10 year Water Supply Plan and confirm the availability of water for existing, new development and redevelopment at the time of the required Evaluation and Report: this should be consistent with the SFWMD’s Lower East Coast Regional Water Supply Plan. and the Ten-Year Water Supply Facilitv Plans of Seacoast Utility Authority and Palm Beach County. Capital Improvements Element Policv 9.11.4.: A development order shall be issued based on written confirmation of potable water capacity from Seacoast. Further, prior to the approval of a building Permit. the applicant shall provide to the City a written confirmation of potable water service availability issued bl Seacoast to determine whether adequate water suPplies will be available to serve a new develoDment no later than the anticipated date of issuance of a certificate of occupancv. CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN This process is in accordance with Florida Statutes 163.3 177 and 163.3 184. CONSISTENCY WITH PALM BEACH COUNTY COMPREHENSIVE PLAN The proposed comprehensive plan amendments are consistent with the overall Goals and Objectives within the Palm Beach County Comprehensive Plan. CONSISTENCY WITH THE STRATEGIC REGIONAL POLICY PLAN The proposed comprehensive plan amendments are consistent with the overall Treasure Coast Regional Planning Council’s Strategic Regional Policy Plan. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN (CHAPTER 187, Florida Statutes) The proposed 10-Year Water Facilities Work Plan amendments are consistent with Chapter 163.3 19 1, Florida Statutes. NEARBY LOCAL GOVERNMENT COMMENTS/OBJECTIONS The proposed comprehensive plan amendments will be transmitted to Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC), the Town of Jupiter, the City Date Prepared: September 10,2008 Meeting Date: October 14,2008 Ordinance 27,2008 Page 5 of 5 of Riviera Beach, the Town of Lake Park, the Town of Mangonia Park, the Town of Juno Beach, and Palm Beach County. STAFF RECOMMENDATION Staff recommends APPROVAL of the proposed comprehensive plan amendments text amendments, based on the following findings: The proposed text amendments are consistent with Section 163.3177 and 163.3184, Florida Statutes 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 to encourage a sustainable approach to water related elements such as land use, infrastructure, conservation, capital improvement and intergovernmental coordination. 0 0 0 Staff recommends APPROVAL of Ordinance 27, 2008, which provides for the adoption of the proposed text amendment of the City’s Comprehensive Plan. 0 ORDINANCE 27,2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING ITS COMPREHENSIVE DEVELOPMENT PLAN TO ADOPT THE CITY’S IO YEAR WATER FACILITIES WORK PLAN, IN ACCORDANCE WITH THE MANDATES SET FORTH IN SECTIONS 163.3177 AND 163.3184, ET SEQ., FLORIDA STATUTES, PROVIDING FOR A COMPREHENSIVE UPDATE TO THE FUTURE LAND USE, INFRASTRUCTURE, CONSERVATION, INTERGOVERNMENTAL COORDINATION AND CAPITAL IMPROVEMENT ELEMENTS, AFFECTING THE PAGINATION IN EACH AMENDED ELEMENT AND INCLUDING REVISED TEXT NECESSARY TO UPDATE THE DATA AND ANALYSIS OF THE COMPREHENSIVE PLAN; PROVIDING THAT THE TEXT, AS AMENDED OR REVISED, SHALL BE SUBSTITUTED FOR AND REPLACE THE EXISTING TEXT IN ALL AMENDED ELEMENTS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the State Legislature of the State of Florida has mandated that all municipalities draft and adopt comprehensive development plans to provide thorough and consistent planning with regard to land within their corporate limits; and WHEREAS, all amendments to the comprehensive development plan must be WHEREAS, Section 163.3177, Florida Statutes, requires that local governments amend their comprehensive plans within eighteen (18) months of the water management district’s approval of a regional water supply plan or an update to such plan; and WHEREAS, such amendment must identify water supply projects and conservation and reuse necessary to meet the water needs identified in Section 373.0361 (2)(a), Florida Statutes, within the local government’s jurisdiction; and WHEREAS, the City of Palm Beach Gardens, Florida, has carefully prepared an amendment to its comprehensive development plan to update it pursuant to Section 163.3177, Florida statutes, in order to provide text amendments or revisions in conformance therewith; and adopted in accordance with detailed procedures which must be strictly followed; and -1- WHEREAS, the City of Palm Beach Gardens has held all duly required public hearings; both prior to submission of the proposed amendment of the plan to the State Department of Community Affairs and after the proposed amendment of the plan was returned to the City of Palm Beach Gardens, in accordance with Section 163.3184, Florida Statutes; and 0 WHEREAS, the City Council desires to adopt the amendment to the current comprehensive development plan to guide and control the future development of the City, and to preserve, promote and protect the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: Section 1: The foregoing facts and recitations contained in the preamble to this Ordinance are hereby adopted and incorporated by reference as if fully set forth herein. Section 2: The IO-year Water Facilities Work Plan Amendments to the City of Palm Beach Gardens Comprehensive Plan, attached as Exhibit “A and made a part hereof and of the current Comprehensive Development Plan is hereby by adopted. This amendment specifically provides comprehensive amendments to the future land use, infrastructure, conservation, intergovernmental coordination and capital improvement elements of the Comprehensive Plan in conformance with the mandates set forth at Section 163.31 77, Florida Statutes, which affects the pagination of certain elements; all as specifically set forth in Exhibit “A. The text as amended and adopted in Exhibit “AI shall be substituted for and replace the previously adopted text in the amended elements. Section 3: A copy of the comprehensive development plan, as amended, shall be kept on file in the office of the City Clerk, City of Palm Beach Gardens, Florida. Section 4: The City Growth Management Administrator is hereby directed to transmit three (3) copies of the amendment to the current comprehensive development plan to the State Land Planning Agency, along with a copy to the Treasure Coast Regional Planning Council, and to any other unit of local government who has filed a written request a -2- for a copy, within ten (IO) working days after adoption, in accordance with Section 0 163.3184(7), Florida Statutes. Section 5: hereby repealed. All ordinances or parts of ordinances in conflict be and the same are Section 6: Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. Section 7: 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 occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. 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 Department of Community Affairs, Division of Community Planning, Plan Processing Team. PASS ED this day of , 2008, upon first reading. PASSED AND ADOPTED this day of , 2008, upon second and final reading. CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT BY: Eric Jablin, Mayor David Levy, Vice Mayor Joseph R. Russo, Councilmember Jody Barnett, Councilmember a -3- Robert G. Premuroso, Councilmember a ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: .R. Max Lohman, Interim City Attorney Y:\docs\Palm Beach Gardens\Ordinances\2008\0rd-XX-2008-CompPlan-WaterSupplyElement.doc -4- L ! 11 September II 2o08 nf Pair Beach Gardens LO-Year Water Supply Facilities Work Plan City of Palm Beach Gardens Water Supply Facilities Work Plan e TABLE OF CONTENTS 1 .O INTRODUCTION 1.1 Statutory History 1.2 Statutory Requirements 2.0 BACKGROUND INFORMATION 2.1 Overview 2.2 Relevant Regional Issues 3.0 DATA AND ANALYSIS 3.1 Water Source 3.2 Population Projection 3.3 3.4 Conservation and Reuse/Reclaimed Public Water Supply Demand Projection and Level of Service Standard 4.0 WORK PLAN PROJECTS/ CAPITAL IMPROVEMENT ELEMENT/ SCHEDULE 4.1 Service Area Initiatives 4.2 Work Plan Projects e 5.0 COMPREHENSIVE PLAN UPDATE REQUIREMENTS 5.1 Future Land Use Element 5.2 Infrastructure Element 5.3 Conservation Element 5.5 Capital Improvement Element si. $,.’ 5.4 Intergovernmental Element , ,"1. , City of Palm Beach Gardens Water Supply Facilities Work Plan LIST OF MAPS Map 1, Annexations 1960 - 2006 Map 2, Seacoast Utility Authority current service area including the corporate limits of the City of Palm Beach Gardens Map 3, Seacoast Utility Authority current service area including interconnections LIST OF PHOTOS Photo 1, Seacoast Water Tower @ Hood Road Facility Photo 2, View from atop Hood Road Elevated Storage Tank (Looking Northwest) Photo 3, Aerial view of Richard Road Water Plant Photo 4, Aerial view of Hood Road Water Plant Photo 5, Existing Hood Road Lime Softening Unit Photo 6, Surficial aquifer well Photo 7, PGA Regional Reclamation Facility Photo 8, Proposed Membrane Treatment Facility LIST OF TABLES Table 1, Total Seacoast Current and Projected Water Supply and Demand Table 2, Total Seacoast Current and Projected Water Demand by Source Table 3, Population Projections Table 4, Scripps Florida Phase II/Briger DRI Proposed Phasing Plan Table 5, Scripps Florida Phase IVBriger DRI Projected Water Flow Calculations Table 6, Palm Beach Gardens Projected Finished Water Demand Table 7, Palm Beach Gardens Reclaimed Water Contracts Table 8, Seacoast Interconnections Table 9, Seacoast Utility Authority Current and Projected Water Supply Table IO, Seacoast Utility Authority LEC Recommended Capital Improvements LIST OF ACRONYMS DRC - Development Review Committee EAR - Evaluation and Appraisal Report SUA - Seacoast Utility Authority (Seacoast) SFWMD - South Florida Water Management District LEC - Lower East Coast MGD - Million Gallons per Day CUP - Consumptive Use Permit TAZ - Traffic Analysis Zone WTP -Water Treatment Plant GPCD - Gallons Per Capita Per Day 3 September 2008 City of Palm Beach Gardens Water Supply Facilities Work Plan a 1 .O INTRODUCTION The purpose of the Palm Beach Gardens Water Supply Facilities Work Plan is to identify and plan for the water supply sources and facilities needed to serve existing and new development within the local government’s jurisdiction. Chapter 163, Part II, Section 163.31 77 F.S., requires local governments to prepare and adopt Water Plans into their comprehensive plans within 18 months after the water management district approves a regional water supply plan or its update. The Lower East Coast Wafer Supply Plan Update was approved by the South Florida Water Management District on February 15, 2007, therefore, the local governments within the Lower East Coast jurisdiction were required to adopt a related Water Supply Facilities Work Plan (WSFWP) and supportive amendments to their comprehensive plans by August 15, 2008. Residents of the City of Palm Beach Gardens purchase their water directly from Seacoast Utility Authority (Seacoast). Through the Development Review Committee (DRC) process the City of Palm Beach Gardens (The City) coordinates with Seacoast to ensure that enough capacity is available for existing and future customers, and Seacoast ensures that supporting infrastructure, such as the water lines, are adequately maintained. The City of Palm Beach Gardens Water Supply Facilities Work Plan (hereinafter the Work Plan) will reference Seacoast’s projections. According to state guidelines, the Work Plan and the comprehensive plan amendment must address the development of traditional and alternative water supplies, bulk sales agreements, and conservation and reuse programs that are necessary to serve existing and new development for at least a IO-year planning period. The City’s Work Plan will have roughly the same planning time schedule as the Seacoast Utility Authority projections (2025). The City’s Work Plan is divided into five sections: Section 1 - Introduction Section 2 - Background Information Section 3 - Data and Analysis Section 4 - Work Plan Projects/Capital Improvement ElementlSchedule Section 5 - Comprehensive Plan Update Requirements 1.1 Statutory History The Florida Legislature has enacted bills in the 2002, 2004, and 2005 sessions to address the state’s water supply needs. These bills, especially Senate Bills 360 and 444 (2005 legislative session), significantly changed Chapter 163 and 373 Florida Statutes (F.S.) by strengthening the statutory links between the regional water supply plans prepared by the water management districts and the comprehensive plans prepared by local governments. In addition, these bills established the basis for improving coordination between the local land use planning, and water supply planning. 4 September 2008 City of Palm Beach Gardens Water Supply Facilities Work Plan I .2 Statutory Requirements 0 The following highlights the statutory requirements: 1. 2. 3. 4. Coordinate appropriate aspects of its comprehensive plan with the appropriate water management district’s regional water supply plan. [I 63.31 77(4)(a), F.S.] Ensure that its future land use plan is based upon availability of adequate water supplies and public facilities and services, [s.163.3177(6)(a), F.S., effective July 1 , 2005.1 Data and analysis demonstrating that adequate water supplies and associated public facilities will be available to meet projected growth demands must accompany all proposed Future Land Use Map amendments submitted to the Department for review. The submitted package must also include an amendment to the Capital Improvements Element, if necessary, to demonstrate that adequate public facilities will be available to serve the proposed Future Land Use Map modification. Ensure that adequate water supplies and facilities area available to serve new development no later than the date on which the local government anticipates issuing a certificate of occupancy and consult with the applicable water supplier prior to approving building permit, to determine whether adequate water supplies will be available to serve the development by the anticipated issuance date of the certificate of occupancy. [s.l63.3180(2)(a), F.S., effective July 1 , 20051 This “water supply concurrency” is now in effect, and local governments should be complying with the requirement for all new development proposals. In addition, local governments should update their comprehensive plans and land development regulations as soon as possible to address these statutory requirements. The latest point at which the comprehensive plan must be revised to reflect the concurrency requirements is at the time the local government adopts plan amendments to implement the recommendations of the Evaluation and Appraisal Report (EAR). For local government subject to a regional water supply plan, revise the General Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Aquifer Recharge Element (the “Infrastructure Element”), within 18 months after the water management district approves an updated regional water supply plan, to: a. Identify and incorporate the alternative water supply project(s) selected by the local government from projects identified in the updated regional water supply plan, or the alternative project proposed by the local government under s. 373.0361(7), F.S. [s. 163.31 77(6)(c), F.S.]; a. Identify the traditional and alternative water supply projects, bulk sales agreements, and the conservation and reuse programs necessary to meet current and future water use demands within the local government’s jurisdiction [s. 163.31 77(6)(c), F.S.]; and 5 September 2008 City of Palm Beach Gardens Water Supply Facilities Work Plan c. Include a water supply facilities work plan for at least a IO-year planning period for constructing the public, private, and regional water supply facilities identified in the element as necessary to serve existing and new development. [s. 163.31 77(6)(c), F.S.] Amendments to incorporate the water supply facilities work plan into the comprehensive plan are exempt from the twice-a-year amendment limitation. [s. 163.31 77(6)(c), F.S.] 5. Revise the Five-Year Schedule of Capital Improvements to include any water supply, reuse, and conservation projects and programs to be implemented during the five-year period. 6. To the extent necessary to maintain internal consistency after making changes described in Paragraph 1 through 5 above, revise the Conservation Element to assess projected water needs and sources for at least a IO-year planning period, considering the appropriate regional water supply plan, the applicable District Water Management Plan, as well as applicable consumptive use permit(s). [s.l63.3177(6)(d), F.S.] If the established planning period of a comprehensive plan is greater than ten years, the plan must address the water supply sources necessary to meet and achieve the existing and projected water use demand for established planning period, considering the appropriate regional water supply plan. [s.163.3167(13), F.S.] 7. To the extent necessary to maintain internal consistency after making changes described in Paragraphs 1 through 5 above, revise the Intergovernmental Coordination Element to ensure coordination of the comprehensive plan with applicable regional water supply plans and regional water supply authorities' plans. [s.l 63.31 77(6)(h)( 1)- F.S.] 8. Address in the EAR, the extent to which the local government has implemented the 10- year water supply facilities work plan, including the development of alternative water supplies, and determine whether the identified alternative water supply projects, traditional water supply projects, bulk sales agreements, and conservation and reuse programs are meeting local water use demands. [s.l63.3191(2)( I), F.S.] 2.0 BACKGROUND INFORMATION 2.1 Overview On March 20, 1959, John D. MacArthur, multimillionaire insurance magnate and landowner, announced plans to develop approximately 4,200 acres and provide homes for 55,000 people in a new community bounded by Plat 4 (Garden Woods) to the north, Northlake Boulevard (Lake Park West Road) to the south, Prosperity Farms Road to the east and the Turnpike (Sunshine State Parkway) to the west. The City Charter was approved by the State of Florida on June 20, 1959. The land would be developed under his careful supervision. Mr. MacArthur's chosen name for the city was Palm Beach City. However, permission to use that name was denied, so MacArthur, in keeping with his "garden city" plan, decided to call the city 6 September 2008 City of Palm Beach Gardens Water Supply Facilities Work Plan Palm Beach Gardens. He wanted this new city to be a place to raise a family and earn a living - to realize the American dream. With this in mind, he set to work carving the City of Palm Beach Gardens from empty miles of dairy cattle grazing land. The City of Palm Beach Gardens has grown steadily during its forty years in existence. Between 1990 and 2000, the City of Palm Beach Gardens' population grew from 22,990 to an estimated 35,058, an increase of approximately three percent annually. In 1999, the John D. and Catherine T. MacArthur Foundation sold approximately 14,000 acres of land including approximately 5,000 acres within the City of Palm Beach Gardens. The City Council, entrusted with the responsibility of ensuring quality development, was able to reach an agreement with the purchasers to manage this new growth. With the sudden land sale by the MacArthur Foundation the City experienced an increased rate of growth in population from an estimated 35,058 in 2000 to an estimated 49,387 in 2007. Map 1 , Annexations 1960 - 2006, presents the current City boundaries. 2.2 Relevant Regional Issues As the state agency responsible for water supply in the Lower East Coast (LEC) planning area, the South Florida Water Management District (SFWMD) plays a pivotal role in resource protection, through criteria used for Consumptive Use Permitting. As pressure increased on the Everglades ecosystem resource, the Governing Board initiated rule making to limit increased allocations dependent on the Everglades system. As a result, the Regional Water Availability Rule was adopted by the Governing Board on February 15, 2007 as part of the SFWMD's Consumptive Use Permit Program. This reduced reliance on the regional system for future water supply needs, mandates the development of alternative water supplies, and increasing conservation and reuse. 3.0 DATA AND ANALYSIS The City of Palm Beach Gardens does not own or operate its own potable water supply system. Rather, potable water facilities and services are provided by Seacoast Utility Authority (Seacoast). Seacoast provides potable water to the City of Palm Beach Gardens as well as unincorporated areas of Palm Beach County, Juno Beach, Lake Park and North Palm Beach. All five entities that receive water and services are members of the Seacoast Governing Board. Map 2 depicts the current Seacoast Utility Authority service area including the corporate limits of the City of Palm Beach Gardens. All responsibilities for the withdrawal, treatment and distribution of potable water to the residents and businesses of Palm Beach Gardens are assumed by Seacoast, including the direct billing of customers. Through the coordinated Development Review Committee (DRC) process Seacoast requires developers to upgrade the capacity of existing system, and/or build 7 September 2008 City of Palm Beach Gardens Water Supply Facilities Work Plan e new systems to meet their needs. In most cases, upon completion, Seacoast assumes ownership, operation and maintenance responsibilities of all related systems. Photo 1, Seacoast Water Tower @ Hood Road Facility Photo 2, View from atop Hood Road Elevated Storage Tank (Looking Northwest) 8 September 2008 City of Palm Beach Gardens Water Supply Facilities Work Plan V V I / I Map 1, Annexations 1960 - 2006. rl < a 9 September 2008 City of Palm Beach Gardens Water Supply Facilities Work Plan Map 2, Seacoast Utility Authority Service Area Seacoast currently operates two fully interconnected lime-softening water treatment facilities (Richard Road - 7.5 MGD capacity and Hood Road - 23.0 MGD) with a combined finished water treatment peak-day capacity of 30.5 MGD. The systems are fully interconnected and do not have individually assigned service areas. 1 1 ! Photos 3 & 4, Aerial views of Richard Road and Hood Road Water Plants 10 September 2008 City of Palm Beach Gardens Water Supply Facilities Work Plan Year 2005 201 0 201 5 2020 2025 n Raw Water Withdrawal (MGD) Finished Water Demand (MGD) 19.12 18.53 20.64 20.00 25.23 21.29 26.59 22.38 27.74 23.30 Photo 5, Existing Hood Road Lime Softening Unit Water Source According to the Lower East Coast Water Supply Plan (2005-2006 Update), Seacoast currently (2005) withdraws an average of 18.53 MGD of total raw water from the Surficial Aquifer System (SAS) for all customers including Palm Beach Gardens. Current Seacoast plans will result in the use of both the Surficial and Floridan Aquifer Systems in the future. Projections of raw water supply and finished water demand for Seacoast from the 2005-2006 Update, are presented in Table 1. Projections of finished water demand, by expected supply component are presented in Table 2. Both Tables include the proposed Scripps Florida Phase IVBriger DRI future water demand. Table 1 Total Seacoast Current and Projected Water Supply and Demand I1 September 2008 City of Palm Beach Gardens Water Supply Facilities Work Plan a Year 2005 201 5 2025 Table 2 Total Seacoast Current and Projected Water Supply by Source BiscaynelSurficial Aquifer Floridan Aquifer (MGD) Total (MGD) (MGD) 18.53 0.00 18.53 22.1 5 3.08 25.23 22.15 5.59 27.74 Source: Seacoast utilitv Authoritv C09/08) The current Seacoast Public Water Supply consumptive use permit (CUP-50-00365-W) was renewed by the South Florida Water Management District (SFWMD) in April 2000. In February 2003, this permit was modified for a 5-year period at an average-day allocation of 19.3 MGD, and a peak-day allocation of 26.8 MGD. Seacoast’s pending permit renewal seeks an average-day surficial aquifer allocation of 22.2 MGD. It is anticipated that the permit will be renewed during 2008 for a five-year duration to 201 3. Raw water is presently drawn from four surficial aquifer wellfields (Hood Road, North Palm Beach, Burma Road and Palm Beach Gardens) pursuant to the current CUP. Each of the wellfields has permitted average and maximum daily withdrawal rates established by CUP conditions. Each wellfield has protection zones mapped by the Palm Beach County Department of Environmental Resources Management (DERM). According to the current Consumptive Use Permit (CUP), all wellfields are protected by the Palm Beach County Wellfield Protection Ordinance. Zones of protection are developed and zone requirements enforced by the Palm Beach County Department of Environmental Resources Management. The CUP further states that the potential for induced movement of contaminants from known sources of pollution to occur as a result of the withdrawal of the recommended allocation is considered minimal. Photo 6, Surficial aquifer well 12 September 2008 City of Palm Beach Gardens Water Supply Facilities Work Plan Year 2008 201 0 201 5 2020 2025 3.2 Population Projection Resident Population Projections Palm Beach Service Area Seacoast Service Area* Palm Beach Gardens Share of Gardens** 95,133 52,127 54.8% 99,712 56,226 56.4% 106,145 61,009 57.5% 11 1,606 65,069 58.3% 116,164 67,025 57.7% As previously stated between 1990 and 2000, the City of Palm Beach Gardens’ population grew steadily from 22,990 to an estimated 35,058. Between 2000 and 2007 there was a greater annual increase in population due to the sale of an additional 5,000 acres of land by the John D. and Katherine T. MacArthur Foundation within the City boundaries and subsequent development. With the recent decline in development, particularly residential development from 2006 to the present, the population growth of the City is expected to be significantly less than during the seven years prior. Population projections supplied by Seacoast include the proposed Scripps Florida Phase IVBriger DRI project. Projections were based on the Palm Beach County 20 Year Water Supply Work Plan data prepared by the Palm Beach County Planning Division using traffic analysis zone (TAZ) data. Table 3 presents projections for the City within the Seacoast service area Table 3 Population Projections For planning purposes, Seacoast’s service area may be divided into two areas, those east of the east leg of the C-I 8 Canal and those areas west of the C-I 8 Canal. The east leg of the C- 18 Canal runs north-south from the intersection of the Beeline Highway and Northlake Boulevard from the south, up along the western boundaries of Mirasol (within Palm Beach Gardens) and Old Marsh (within unincorporated Palm Beach County) Developments through the Loxahatchee Slough. 3 Most of the service area east of the C-18 Canal has been developed with the exception of the Briger parcel which has a mixed use future land use category with a Bioscience Research 13 September 2008 City of Palm Beach Gardens Water Supply Facilities Work Plan Protection overlay. The Scripps Florida Phase IllBriger DRI is a proposed mixed use master plan community located on approximately 683 acres south of Donald Ross Road, north of Hood Road and east and west of Interstate 95 and east of Florida's Turnpike. The proposed development program includes: 1,600,000 square feet of Biotech Research and Development (Scripps Florida Phase 11); 2,400,000 square feet of related biotechnologicaVbiomedica1, pharmaceutical, ancillary office space and hotel; 2,700 dwelling units; and 500,000 square feet of retail space. The Scripps Florida Phase IVBriger DRI will have a 30 year build-out timeframe. The phasing schedule, and the projected potable water flow is shown in Tables 4 and 5 respectively. Seacoast's demand and water supply projections (Table 1 and 2) consider the Briger DRI long term water demand. Table 4 14 September 2008 City of Palm Beach Gardens Water Supply Facilities Work Plan Table 5 Projected Potable Water Flow Calculations otal Average Daily Flow ak Daily Flaw (x 2.50) F 1770150 gpd 1229.27 gpm 4425375 gpd 3073.18 gpm Future development west of the C-18 Canal is uncertain at this time, and given the current development climate it is unlikely that this area will be built out in this IO-year planning period. However, this Work Plan presents projections considering the Future Land Use category and the total acreage of the remaining undeveloped areas. In the western area approximately 4978 acres remain undeveloped of which approximately 3,384 acres has a Rural Residential RR-10 land use designation (one dwelling unit per ten acres), and approximately 1,404 acres holds with a Rural Residential RR-20 designation (one dwelling unit per twenty acres). Based on this current data, the maximum density on the undeveloped acreage in the western area would be 338 units on the RR10, and 70 units on the RR20 land use respectively. Seacoast’s demand and water supply projections (Table 1 and 2) consider the potential water demands for the western area. 3.3 Public Water Supply Demand Projections and Level of Service Standard Palm Beach Gardens adopts Seacoast’s average day generation rate of 191 gallons per capita per day (gpcd). For planning purposes, Seacoast uses this average day generation rate, consistent with the current system-wide usage (Le. CUP 50-00365-W). Seacoast does not employ a non-residential generation rate; rather, all consumption (i.e. for planning purposes) is D 15 September 2008 City of Palm Beach Gardens Water Supply Facilities Work Plan Year 2008 201 0 201 5 2020 2025 expressed on a per capita basis. Therefore, for the purposes of this Work Plan, the Seacoast generation rate of 191 gpcd is used to project the City’s water demands. Palm Beach Gardens Population Projections Adjustment* Potable Water Demand (MGD)** Residents Seasonal 52,127 2,606 10.45 56,226 2,811 11.28 61,009 3,050 12.24 65,069 3,253 13.05 67,025 3,351 13.44 Projections of finished water demand for Palm Beach Gardens are presented in Table 6. Projections, supplied by Seacoast, include a “seasonal adjustment” to account for the impacts upon average daily demand of occasional residents. Current (2008) finished potable water demand is estimated at 10.45 MGD (i.e. resident + “seasonal adjustment’’ population of 54,733 residents x 191 gallons per capita per day), representing approximately 54.8% of the total within the Seacoast service area. It is projected that the City’s potable water demand for 2025, using population projections (i.e. resident + “seasonal adjustment” population of 70,376 residents per Table 6) will attain a level of 13.44 MGD by 2025, or approximately 57.7% of the total demand within the Seacoast service area. Palm Beach Gardens will continue coordinating with Seacoast through the Development Review Committee process to estimate and project potable water use and needs throughout the entire service area. * Seacoast data; October 2008 ** Residents + Seasonal Adjustment x 191 gpcd 3.4 Conservation and ReuselReclaimed Seacoast has included an extensive conservation program as part of its CUP, including the following components: 0 Permanent Irrigation Ordinance - Palm Beach County adopted the Water and Irrigation Conservation ordinance on January 19, 1993. this ordinance, which limits lawn 16 September 2008 City of Palm Beach Gardens Water Supply Facilities Work Plan irrigation to the hours of 5 PM to 9 AM, is in effect countywide unless municipalities adopt a landscaping ordinance of their own. Xeriscape Ordinance - Section 7.3.1 of the Palm Beach County Land Development Code requires that all new landscape plans to promote water conservation by achieving a minimum score on a water conservation point scale. Ultra-Low Volume Plumbing Fixtures - All five participating governments have adopted the Standard Plumbing Code, 1994 Edition, which provides for maximum flow of volumes for various plumbing fixtures in all new construction. Water Conservation Rate Structure - on June 1, 1994, Seacoast implanted a rate structure that incorporated inclining block commodity rates. Seacoast has indicated that the rate structure has been successful in encouraging water conservation. Leak Detection - Seacoast field personnel area trained to identify leaks and has a sonic leak detector. In addition, all accounts are metered and included in a change out program which tests all large meters annually for accuracy and replaces small meters on either a “fixed service life” or “maximum mileage” basis. Rain Sensors Devices - Currently, all five member governments have code requirements for the installation of rain sensor overrides for new lawn irrigation systems. Water Conservation Education Program - Seacoast has an extensive public conservation education program and provides conservation-related pamphlets in its customer lobby. Reclaimed Water - Seacoast has been providing wastewater effluent for irrigation purposes since 1978. At present, Seacoast’s entire average daily wastewater flow is committed to active on-line reclaimed water consumers. An inventory of contracts for reclaimed water in Palm Beach Gardens is presented in Table 5. Seacoast’s PGA Regional Water Reclamation Facility is located in Mirasol within Palm Beach Gardens city limits. The facility has a 12.0 MGD capacity and has a current flow of 8.0 MGD. 100% of the daily flow is recycled to 30 large volume uses. Through the City’s Development Review Committee (DRC) process the use of rain sensor devices is imposed. Additionally, reclaimed water use is strongly encouraged and is also often imposed as a condition of development. The City will continue its efforts to promote conservation and the use of reclaimed water as an alternative water supply. 17 September 2008 City of Palm Beach Gardens Water Supply Facilities Work Plan a Regional Reclamation Facility 4.0 4.1 Service Area Initiatives WORK PLAN PROJECTS / CAPITAL IMPROVEMENT ELEMENT / SCHEDULE In September 2006, Seacoast entered into a Service Area Agreement (R2005-1769) with Palm Beach County defining the service area boundary between the two providers. Delineation of the service area boundary was intended to eliminate or minimize duplication of facilities, provide for the orderly growth, expansion and extension of respective water, wastewater and reclaimed water utility systems. The Agreement benefited existing and future Seacoast customers by ensuring that most efficient delivery of public utility services. September 2008 18 City of Palm Beach Gardens Water Supply Facilities Work Plan e h Table 7 Palm Beach Gardens Reclaimed Water Contracts SITE ACTIVE SITES AS OF 72/37/07 CLASS A GUARANTEED COMMITMENTS Eastpointe Country Club Eastpointe Golf and Racquet Eastpointe Homeowners (Briar Lake) Frenchmans Creek 0.300 0.300 0.100 0.500 208 208 69 347 1.750 0.100 0.080 0.200 0.800 0.300 0.040 0.700 0.600 Mirasol Mariners Cove Oak Harbour Old Port Cove Frenchmans Reserve The Isles (Additional 0.1 MGD approved below, awaiting on site engineering) PGA Boulevard Streetscape MacArthur (Regional) Center Old Palm (Through same meter as MacArthur allocation below, total 1.6 MGD) 1,215 69 56 139 556 208 28 486 41 7 Subtotal, Class A Agreements 5.770 4,007 MACARTHUR SITES Abacoa (through ENCON interconnect) Ballenlsles East Ballenlsles West The Bears Club (through ENCON interconnect) Old Palm 1 .ooo 0.750 0.750 0.500 1 .ooo 694 521 521 347 694 Subtotal, MacArthur Sites 4.000 2,778 TOTAL, ACTIVE CLASS A GUARANTEED COMMITMENTS 9.770 6,785 CLASS A COMMITMENTS, CONTRACTED BUT NOT ON LINE Paloma Southampton Central Park The Isles Crystal Pointe 0.300 0.039 0.020 0.100 0.070 208 27 14 69 49 0.529 367 TOTAL CLASS A COMMITMENTS, CONTRACTED BUT NOT ON LINE ACTIVE CLASS B NON-GUARANTEED CONTRACTS FPL Monet Substation 0.004 3 19 September 2008 City of Palm Beach Gardens Water Supply Facilities Work Plan Entity Jupiter Jupiter Riviera Beach Gemini Condominium Seasons 52 Restaurant Royale Harbour Condominium Wateway Terrace Condominium FPL Administrative Complex Mirasol Walk Seamark Condominium Size (inches) Capacity Location (gpm) 16 4,000 SR 81 1 and Donald Ross Road 10 2,500 US I and Ocean Drive 12 3,500 Military Trail and Leo Lane Subtotal, Active Class B Agreements GRAND TOTAL, SEACOAST RECLAIMED WATER CONTRACTS According to Seacoast, Class B contracts have always received their allocations 0.034 0.055 0.040 0.031 0.055 0.055 0.020 0.294 10.593 24 38 28 22 38 38 14 204 7,356 The pending Seacoast CUP permit renewal, expected to be approved by the South Florida Water Management District during 2008, will ensure adequate water supply through 201 3. Further, by implementing the improvements identified in the Lower East Coast Water Supply Plan, 2005-2006 Update (Ref: Table 6), Seacoast will ensure adequate water supply for its service area through 2025, provided that there area no unforeseen impacts upon existing and planned supplies. The Seacoast system is interconnected with the Jupiter and Riviera Beach systems in the event of an emergency shortage. Interconnections are detailed in Table 8 and shown in Map 3 below. In addition, in June 2006, a Utility Bulk Service Agreement (R2006-0687) was executed with Palm Beach County to provide Seacoast with up to 5 MGD of bulk potable water and bulk wastewater service during an initial term of five years. Seacoast has the option to extend the Bulk Agreement for a period of 25 years at the same capacity level. Table 8 Seacoast Interconnections 20 September 2008 City of Palm Beach Gardens Water Supply Facilities Work Plan a I 4.2 Work Plan Projects The Lower East Coast (LEC) 2005-2006 Update recommends two major capital improvement projects for the Seacoast water supply system. 0 The Hood Road Water Treatment Plant (WTP) Project is for a 4.00 MGD Floridan reverse osmosis (RO) water treatment plant. The SFWMD further proposes to increase this project to yield at least 8.0 MGD of finished water. 0 Conversion of the 30.0 MGD lime-softening treatment capacity at the Hood Road water treatment project to 26.0 MGD of nanofiltration treatment capacity. Losses in efficiency from the conversion to nanofiltration would be met by the expanded Floridan wells in the first project. The estimated per capita consumption indicates it may be subject to the special water conservation permitting applicable to utilities with a per capita in excess of 200 gallons per capita per day (GPCD). Current and projected water supply and recommended projects for consideration by Seacoast are summarized in Table 9. Since these projects are part of Seacoast capital improvement plan, they are not included in the City's Five-Year Schedule of Improvements. Table 9 CURRENT AND PROJECTED WATER SUPPLY I 0.00 I 0.00 I 0.00 (after assessing historic use or proposed projects) Potential for reclaimed water projects to reduce per capita demands or offset some limitations on resource availability for this utility will be examined during the permitting process. I I I "Total Seacoast Service area including Palm Beach Gardens 22 September 2008 City of Palm Beach Gardens Water Supply Facilities Work Plan Project Description Hood Road WTP RO System - Four Floridan Wells and Two RO Reject Wells Seacoast 4.0 MGD Reclaimed Water Treatment Expansion - 2006 Funded Project* P E Alternative Total Total Design Capacity (MGD) Capital 2010 2015 2020 2025 Source costs Brackish $59,000,000 1.60 3.90 5.80 7.30 Reclaimed $1 0,250,600 4.00 4.00 4.00 4.00 Project was completed in 2006 Source: Lower East Coast Water SUDD~V Plan. 2005-2006 Update In addition to the LEC recommended capital improvements, a December 2005 engineering evaluation found the existing Hood Road and Richard Road WTPs nearing the end of their useful lives. Lime softening was found to be inefficient in meeting today's drinking water standards, requiring expensive and increasingly difficult to purchase chemicals. Additionally, lime softening can not successfully treat brackish Floridan aquifer water. The sludge disposal issue also remains. Membrane technology (nanofiltration/reverse osmosis) was found to be a more efficient alternative for the renewal and replacement of aging infrastructure. It also allows for the use of brackish Floridan aquifer water if needed to meet future water demands with a cleaner recyclable byproduct. In March 2006, the Board approved the proposed system improvement of constructing one 30.5 MGD nanofiltration/reverse osmosis plant at the Hood Road WTP and the demolition of the existing lime softening plants at both Richard Road and Hood Road WTPs. In addition to the nanofiltration conversion additional water supply along with water storage and transmission improvements were also recommended. Water supply improvements include the addition of three Floridan Aquifer wells @ 1500 feet, a raw water main connecting Richard Road, Lilac Street and Hood Road facilities, and raw water booster pumping facilities at the Hood Road wellfield, Lilac Street and Richard Road Water Plant sites. Water storage and transmission improvements include four 2 million gallon ground storage tanks at the Hood Road WTP, one 2 million gallon ground storage tank at the Lilac Street WTP, a finished water 23 September 2008 City of Palm Beach Gardens Water Supply Facilities Work Plan main connecting Richard Road and Hood Road facilities and the addition of miscellaneous pumping and control systems at Richard Road and Lilac Street facilities with an overall project cost of $88 Million. Some project elements are currently underway and the entire project completion is anticipated by 201 3. Membrane 24 September 2008 City of Palm Beach Gardens Water Supply Facilities Work Plan 0 5.0 COMPREHENSIVE PLAN UPDATE REQUIREMENTS The proposed Comprehensive Plan amendments related to the 1 0-year water supply facilities work plan are presented with double underline. The single underline pertains to the EAR- based Comprehensive Plan amendments which are in the process of being reviewed by the Department of Community Affairs. 5.1. Future Land Use Element Objective 113- 1.2.1.: -rs E 'Issued development orders and permits for Jies 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 1131 1.2.1 .I .: 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 4&2A 1.2.1.2.: 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. Policy 4AXk 1.2.1.3.: The City shall protect potable water wellfields and prime aquifer recharge areas through the implementation of the Palm Beach County Wellfield Protection Ordinance. Policy 113A. I .2.1.4.: 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 I.(3c;. I .2.1.5.: 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 113fi. 1.2.1.6.: 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. 0 25 September 2008 City of Palm Beach Gardens Water Supply Facilities Work Plan a Policy 11371. I .2.1.7.: The City shall maintain development regulations containing specific standards and criteria designed to protect environmentally sensitive lands consistent with the goals, objectives and policies of the Conservation Element. Policy lr139. 1.2.1.8.: The City shall adopt regulations consistent with the Boat Facility Siting Plan of the Palm Beach County Manatee Protection Plan 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. Pollcv 1.2.1.9.: The Citv shall encouraae the certification bv Leadership in Enerqv and Environmental Desian (LEED). US Green Buildina Council (USGBC), and other comparable certification bodies for all new development and redevelopment. 2.1.10.: The Citv shall continue to coo rdinate with Palm Beach C ountv's DeDartment ibilities w ith the Palm Beach 'cations for land use ntal eso rce Manaaement to ensure that incomDat Ordinance do not occur when reviewmg aDDC .. Polic VI. 1' 1.. Th ei C tv shall coordinate with Seacoast t h e r ev ie w of all I a nd u se c han ae ons to e nsure the ava ilabilitv of adeauate water SUDD lies. .12.:. The Citv shall update the 10 vear Water SUDD~V Fac ilities Plan at the time of me Evaluation and ADDraisal Report. 5.2. Infrastructure Element Objective 4.D.1 .I .: The potable water facilities levels of service standards established in this element shall be maintained throughout the City, until such time as they are revised by the Seacoast Utility Authority. Policy 4.D.1 .I .I .: The City shall adopt an average annual daily potable water consumption level of service standard of 191 gallons per City resident per day. This shall serve as the level of service standard for the urban area. The rural area shall utilize water wells, unless alternative service provision is approved by the City Council consistent with Policy 9.1.4.2.(a)- (d). Policy 4.D.1.1.2.: The City shall adopt a peak 24-hour potable water consumption level of service standard of 258 gallons per City resident per day. 26 September 2008 City of Palm Beach Gardens Water Supply Facilities Work Plan . f: Policy 4.D.l .I .3.: The City shall adopt a minimum potable water treatment plant capacity level of service standard of 258 gallons per City resident per day. Policy 4.D.1.1.4.: The City shall adopt a minimum potable water storage capacity level of service standard of 34.4 gallons per City resident per day. Policy 4.D.1.1.5.: The City shall adopt a minimum water pressure level of service standard of 20 pounds per square inch. Policy 4.D.1.1.6.: The City shall not approve development permits which, if approved, would cause potable water facilities servicing the City to operate at levels below the levels of service standards established in Policies 4.D.1 .I .I .- 4.D.1 .I .5. of this element. Policy 4.D.1 .I .7.: The City shall coordinate with Seacoast Utility Authority to adjust potable water service provision plans and to establish policies preventing urban sprawl, consistent with the Urban Growth Boundary concept. cv 4.D.1.1.8 .: The C itv shall coor dinate with Se acoast and Palm Beach Countv in the rk Plans. cons istent with the directives of the -Y PI . Policv 4.D .I .I .9.: At the t ime of each reauired E valuation and Amraisal ReDort. t he Citv shall, bv its water Ten-Year Water SUDD Iv Work P Ian directives enacted 0 kSUDDIVWO I water SUDD~~ Dlan, 5.3. Conservation Element Objective 4MA.: 6.1.1.: TbGQ-&A mMaintain development regulations to manage surface and sub-surface water resources in a manner which ensures their viability as natural habitats and utility for recreational and potable water uses. Furthermore, the regulations shall protect and maintain the quality and quantity of waters that flow into estuarine waters in the City. Policy E131. 6.1.1.1.: The City shall continue to maintain drainage regulations to ensure best management practices are required. Policy &l&k 6.1.1.2.: The City shall continue to maintain land development regulations to ensure that: a. Site plans for new development identify the location and extent of wetlands located on the property; 0 27 September 2008 City of Palm Beach Gardens Water Supply Facilities Work Plan b. c. Site plans provide measures to assure that normal flows and quality of water will be provided to maintain wetlands after development; Where alteration of wetlands is necessary in order to allow reasonable use of property, either the restoration of disturbed wetlands will be provided or additional wetlands will be created to mitigate any wetland destruction; Land &Iteration or development within the pwpesed Loxahatchee Slough restoration area (ecosite) or the adjacent lands within the Loxahatchee watershed are consistent with South Florida Water Manaaement District [SFWMD) policies for water quality and quantity and SFWMD plans for modifying the hydroperiod and water levels in the area; d. e. Proposed developments comply with the Wellfield Protection Program adopted by the county; and f. Site plans identify floodplain areas and incorporate appropriate flood mitigating measures that comply with regulations promulgated by the Federal Emergency Management Agency Flood Insurance Program. Policy clr)?. 6.1.1.3.: The City shall require the review of all proposed wetlands development with the Florida Department of Environmental Protection [DEP), SFWMD, Treasure Coast Regional Plannina Council [TCRPC), and the U.S. Army Corps of Engineers to ensure compliance with dredge and fill permitting processes. Policy C.(3A. 6.1 .I .4.: Through the continued implementation of land development regulations, the City shall ensure that new developments and redevelopments are designed in such a manner as to minimize the impact of such developments on the quality of surface and ground water resources, and to further ensure that new developments and redevelopments do not exceed the capacity levels for potable water and/or sanitary sewer services. Policy clr)L. 6.1 .I 5: The City shall continue to encourage the placement of a salinity dam in the tidal ditches along RCA Boulevard to prevent salt water intrusion into the shallow aquifer. Policy &MAk 6.1 .I .6.: The City shall continue to maintain land development regulations to ensure such regulations are consistent with and implement the county Wellfield Protection Program. Policy 6AXk 6.1 .I .7.: By implementing the provisions of the county Wellfield Protection Ordinance, the City shall continue to ensure that no new uses are established within the zones of influence of existing or proposed wellfields that could adversely affect the quality of water resources in the water recharge area. The City shall also ensure that new potable water wells and wellfields are located in areas where no regulated materials (e.g. hazardous or toxic materials) are used, handled, stored or produced within the projected zones of influence of such wells or wellfields. Policy c339. 6.1.1.8.: The City shall cooperate with the SFWMD and Palm Beach County in their efforts in restoring and maintaininq the Loxahatchee Slough and managing the 28 September 2008 City of Palm Beach Gardens Water Supply Facilities Work Plan Loxahatchee Slough Sanctuary. The City, in conjunction with the SFWMD and Palm Beach County, shall review any development adjacent to the Sanctuary for possible adverse impact on the sanctuary during the development approval process. Policy 6.1.1.9.: The Citv sh all activelv Dart iciDate in the formulat ion and imDlement ation of water SUQDIV conservation D roarams develoDed bv Seaco ast Utilitv Authorithv cons iderina the SFWMD's I oest Coast Rea ional Water S UDDIV ,Plan, Policv 6.1-1.10. : The Citv shall coordinate with Seacoast Ut ilitv Authoritv to imdement Dotable Water conservation 'r D oarams established as Dart of its 'T- en Year Wate r Faci 'I' itles ' WO rI k p an a n d ConsumDtive Use Permit. : The Citv shal I cooDerate with Seacoast Utilitv Author itv in the de velo me nt lementation of water r extent that t hev mav amlv to Palm Beach euse Droarams. to the .. Gardens. 5.4. Intergovernmental Element Objective 8.1.4.: 1 .. ssontinue 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 s6ity through IPARC, TCRPC and informal communications. 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 coordination. Policy 8.1.4.2.: The &ity 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 &ity 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. .. PRELIMINARY DRAFT 29 July 2008 City of Palm Beach Gardens Water Supply Facilities Work Plan I 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 8.1.4.6. T * n fr I roval issuance of a he Citv shall continue reauirina that a II amlica ts o deveopment aQD nfirmation of Dotab le water caDac itv from Seacost Drior to the Procure wfltten co eveloDment order. Policv 8.1.4.7.: The Citv shall uDdate the 10 vea r Water SUDD~V Plan and con firm the w develoDment and redeveloom ent at the t ime o f the reauired Fvaluation and Report: this should FWMD's Lowe r East ns of Seacoast be consistent with the S anal Water SUDD Iv Plan. and the Ten-Year Wate r SUDD Iv Facilitv Pla .. 'tv and Palm Beac h Countv, 5.5. Capital Improvements Element Objective 9.1.1.: - To use the Capital Improvements Element of this Comprehensive Plan as a means to ensure the construction, replacement, and maintenance of Capital Facilities5 which are necessary to achieve and maintain the adopted level ekwviee Levels of Service &OS) in the Comprehensive Plan. Policy 9.1.1.1.: The City shall include in the Five-Year Schedule of Capital Improvements all capital facility projects (renewal and replacement) needed to achieve and maintain the adopted levels of service and which are over $50,000 in estimated costs. The City shall review the Five-Year Schedule during the preparation of the annual budget. Policy 9.1.1.2.: Proposed capital improvement projects shall be evaluated and ranked in order of priority according to the following guidelines: 1) Whether the project is financially feasible and is needed to protect public health and safety, to fulfill the city's legal commitment to provide facilities and services, or to preserve or achieve full use of existing facilities or to eliminate existing capacity deficits. 2) Whether the project increases efficiency of use of existing facilities, prevents or reduces future improvement cost, provides service to developed areas lacking full service, or promotes infill development. PRELIMINARY DRAFT 30 July 2008 City of Palm Beach Gardens Water Supply Facilities Work Plan 3) Whether the project represents a logical extension of facilities and services. 4) Whether the project is consistent with the projected growth patterns, the accommodation of new development and redevelopment facility needs, and the plans of governmental agencies that provide public facilities within the City's jurisdiction; and 5) Whether the project is consistent with the Urban Growth Boundary philosophy of urban vs. mal characteristics and service provision. Policy 9.1.1.3: The Five-Year Schedule of Capital Improvements may include developer- funded proiects for which the City has no fiscal responsibility, necessary to ensure that adopted level-of-service standards are achieved and maintained. For capital improvements that will be privately funded by the developer. financial feasibility shall be demonstrated by beinp guaranteed in an enforceable development agreement, interlocal agreement , or other enforceable agreement. 1.4.: A develoDment orde le citv from Seacoast. Furt her. Drior to the amrova I of a buildina Derm it. the am1 icant r shall be issued based on written confirmation of Dotab r adeauate water SUDD .. BeveloDment no later than the a nticbated date of issuance o f a certificate of occuDancy, 31 September 2008 Comprehensive Plan Citizen Courtesy Information List Hearing Date: 10 / I +/U $ Type Hearing: Transmittal (Proposed) Adoption DCA Amendment Number: (DCA Official Use) Please Print Clearly By providing your name and address you will receive information concerning the date of publication of the Notice of Intent by the Department of Community Affairs. I Check Appropriate Response(s) Address, City, State, Citizen Name I ZipCode ,,I Written Spoken Comment Comment I I I I I-------I' Identify Amendment which is of Interest COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: c RRO by M/ Address: 7fY HU~~O~ bhv oi? Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Address: City: 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. 1 ~~ ~~ Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Y City: Subject: c 5= c/‘* Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: 3 I’ 4 1. MAIL 4,\(2 I. 7 56) -\ cj P-’O ‘J )P 0. 2-i3r.Ce.3 ?: t f LP. 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. 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.