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
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0 PLEDGE OF ALLEGIANCE
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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)
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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
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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
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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&%+,
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P CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
The Public Information Coordinator calle
Members Present:
Members Absent:
Also Present: velopment Compliance Manager
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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
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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.
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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
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- 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
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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.
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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.
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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.
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MOTION
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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
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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
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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?&
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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
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VI.
Michael Panczak Dennis Solomon J
Joy Hecht J
Amir Kanel, 1 st Alternate Donald Krzan, 2nd Alternate J
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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
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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
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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.
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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
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08 .12 .08
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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
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08 .25 .08
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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
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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
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1 X. ADJOURNMENT
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7 Craig Kunkle, Chair
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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.
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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
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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:
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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.
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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.
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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.
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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
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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.
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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.
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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
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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)
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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.