HomeMy WebLinkAboutAgenda P&Z 102808l
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698
MEMORANDUM
DATE: October 28,2008
TO: Planning, Zoning and Appeals Board Members
FROM Growth Management Department
SUBJECT: Planning, Zoning and Appeals Board Meeting
Tuesday, October 28,2008 - 6:30 P.M.
Enclosed is the agenda containing the items to be presented on Tuesday, October 28,
2008. This meeting will be held in the Council Chambers, Palm Beach Gardens
Municipal Building, 10500 North Military Trail, beginning at 630 p.m.
Enclosed with this memorandum are the following items:
1. An agenda for the meeting; and
2. A Growth Management Department stareport for the items to be heard.
As always, the respective Project Managers’ telephone numbers and e-mail addresses
have been provided in case you have any questions or require additional information on
any petition. This will help us offer better staff support in the review of these
applications.
Nina Sorenson, Administrative Specialist 11, will call to confirm your attendance.
Growth Management Administrator
AGENDA
CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
TUESDAY, OCTOBER 28,2008 AT 6:30 P.M.
COUNCIL CHAMBERS
0 CALLTOORDER
PLEDGE OF ALLEGIANCE
0 ROLLCALL
0
0
REPORT BY THE GROWTH MANAGEMENT ADMINISTRATOR: KARA IRWIN
APPROVAL OF MINUTES: JULY 22, SEPTEMBER 23,2008
PLANNING, ZONING AND APPEALS BOARD
Regular Members:
Craig Kunkle (Chair)
Douglas Pennell (Vice Chair)
Barry Present
Randolph Hansen
Michael Panczak
Joy Hecht
Amir Kanel
A1 terna tes :
Donald &an (1 St Alt.)
Joann Koerner (2"d Alt.)
Planning, Zoning and Appeals Board
October 28,2008
Recommendation to City Council:
Ex Parte Communication (Public Hearing)
CPSS-07-08-000001: BallenIsles 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 to modify the Future Land Use Map to change the
designation from a Residential Low (RL) Future Land Use category to a Professional/Office
(PO) Future Land Use category of an approximately 7.3 1-acre vacant parcel of land, known
as the BallenIsles West Outparcel, generally located at the southwest corner of the
intersection of PGA Boulevard and BallenIsles Drive.
1.
Project Manager: Stephen Mayer, Senior Planner smaver@ubefl.com (799-4217)
Recommendation to City Council:
Ex Parte Communication (Public Hearing,)
City-initiated public hearing to amend the Capital Improvements Element (CIE) of the City
of Palm Beach Gardens Comprehensive Plan in order to update the CIE to be consistent
with the current City budget in accordance with Chapter 163.3 177, Florida Statutes
2.
CPTA-08-09-0000 15
Project Manager: Nilsa Zacarias, Senior Planner nzacarias@ubefl.com (799-4236)
Recommendation to City Council:
Ex Parte Communication (Public Hearing)
LDRA-08-05-000015: Code Amendment to Section 78-159, Table 21, Amending
Chart of Permitted Uses.
A request by Johnston Group Land Development Consultants, Inc., on behalf of
Riverside Drive Investors, LLC (“Applicant”), the owner of property in the M1 -A “Light
Industrial District” within the City of Palm Beach Gardens, to amend the City’s Land
Development Regulations (“LDRs”) in order to allow retail sales to the general public as
an accessory use so long as such use is clearly subordinate and customarily associated
with the principal use and to allow Instructional Studios and Professional Studios as
Minor Conditional Uses in the M-1A Light Industrial District.
3.
4. OLD BUSINESS
5. NEW BUSINESS
6. 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 OJfice, no later thanjve 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) 9.55-8770 (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.
Commonlpz agenda 10-28-2008.doc
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CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
REGULAR MEETING
July 22,2008
The July 22, 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.
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II.
111.
IV.
V.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
Members Present: Craig Kunkle, Chair
Douglas Pennell, Vice C
Barry Present
agement Administrator, Staff Liaison
an, Interim City Attorney
the Paloma amendment was approved, the Seaside Bank signage
the second sign denied, and the Bright Futures Academy project
APPROVAL OF MINUTES
MOTION
A motion was made by Michael Panczak for approval of the February 26,2008 minutes. The
motion was seconded by Douglas Pennell. Motion passed unanimously, 7-0.
MOTION
A motion was made by Michael Panczak for approval of the April 8, 2008 minutes. The
motion was seconded by Douglas Pennell. Motion passed unanimously, 7-0.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
07 .22 XI8
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VI.
MOTION
A motion was made by Michael Panczak for approval of the April 22, 2008 minutes. The
motion was seconded by Douglas Pennell. Motion passed unanimously, 7-0.
The Public Information Coordinator swore in all those wishing to speak at tonight’s meeting.
Chair Kunkle requested members of the public wishing to speak at tonight’s meeting fill out a
public comment card.
Chair Kunkle requested ex parte communication. Chair Kunkle declared meetings with
representatives on both agenda items.
RECOMMENDATION TO CITY COUNCIL
(Ex Parte Communication) (Public Hearing)
1. Donnini Enterprises, Inc. (DEI), through its a
property and perform a small-scale compre
property following the voluntary annexatio
minor conditional use of “Convenience Store
located at the southwest corner of
The following petitions will be pre
Petition ANNX-07-12-000003:
er-Glas of Gentile,
1 of land currently located
site plan approval to allow a 2,600-square-foot
the location of the property, history of the site, proposed
Management Administrator, explained the process for annexation,
land-use, zoning and the site plan all going forward at one time and stated the motions
must follow the agenda one by one. The City Council did approve concurrent processing,
thereby allowing all four petitions to be heard at one time.
Stephen Mayer, Senior Planner, explained the location of the property and the details of
the voluntary annexation (Petition No. Am-07-1 2-000003). Staff recommends
approval of the annexation.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
07.22 .08
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MOTION
Dennis Solomon made a motion for approval of the Recommendation to City Council of
Petition No. AM-07-12-000003 as submitted by staff. Michael Panczak seconded. Motion
approved unanimously, 7-0.
Member Amrove Deny
Craig Kunkle, Chair J
Douglas Pennell, Vice Chair J
Barry Present J
Randolph Hansen
Dennis Solomon
Michael Panczak
Joy Hecht
0 Stephen Mayer, Senior Pla
0
MOTION
Dennis Solomon made a motion
approved unanimously, 7-0.
Member
Craig Kunkle, Chair
Amendment (Petition No. C
Chair Kunkle opened the pub
one wishing to speak, Chair Kunkle closed
. Staff recommends
endation to City Council of
Michael Panczak
plained the details of Rezoning to a Planned Unit
g zoning designation of General Commercial (Petition
02). Staff recommends approval.
a discrepancy in the RENZ-07- 12-000002 petition, which shows
ther documentation states 0.71 acres. Richard Marrero stated a
n asked for clarification that the canopy color will be changed from
yellow to white.
Douglas Pennell asked for clarification between the petition building size of 2,600
square feet and the presentation stated size of 3,000 square feet. Richard Marrero
explained the building size changed to 3,000 square feet with elimination of the drive-
through.
Chair Kunkle opened the public hearing for Petition No. RENZ-07-12-000002.
Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, commented positively
on the project.
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46 0 With no one else wishing to be heard, Chair Kunkle closed the public hearing.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 3
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MOTION
Dennis Solomon made a motion for approval of the Recommendation to City Council of
Petition No. RENZ-07-12-000002 as submitted by staff. Randolph Hansen seconded. Motion
approved unanimously, 7-0.
Member Approve Deny
Craig Kunkle, Chair J
Douglas Pennell, Vice Chair J
Barry Present J
Randolph Hansen J
Dennis Solomon J
Michael Panczak J
Joy Hecht
0 Richard Marrero, Planner, explained the de
to allow for the development of a 3,000
for a total of 12 fuel pumps (Petition
approval.
0 Chair Kunkle opened the public hearing for P
0 With no one wishing to be he
MOTION
Dennis Solomon made a motion fo
unanimously, 7-0.
cht J
expansion to the existing building. The 1.37-acre site is located at the southwest comer of 1-95
and Northlake Boulevard.
0
The Board offered comments about the building design and signage.
Richard Marrero, Planner, gave a presentation on the redevelopment of the Diver’s Direct
project .
The following waivers are requested:
- Minimal landscape buffer required by Code for the East and North property lines
- Existing flag pole and dive flag to remain on site
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
07 .22 .08
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- Minimum driveway separation required by Code for the Southern most access drive - Minimum side setback required for the building
- Minimum number of required loading spaces
- One new sign on the East elevation - One existing sign on the tower feature.
Staff recommended approval of Petition No. PPUD-08-03-000019 with six waivers and
denial of the “Learn to Dive” sign.
Chair Kunkle opened the public hearing. With no one wishing to be heard, Chair Kunkle
closed the public hearing.
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MOTION
Douglas Pennell made a motion recommending approv
Randolph Hansen seconded. Chair Kunkle calle
approved unanimously, 7-0.
Member
Craig Kunkle, Chair
Douglas Pennell, Vice Chair
Barry Present
Randolph Hansen
Michael Panczak
Dennis Solomon
Joy Hecht
Council of Petition No.
s. The motion was
VII. OLD BUSINESS
VIII.
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PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
07 .22 .08
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1 IX. ADJOURNMENT
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7 Craig Kunkle, Chair
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There being no further business to come before the Board, Chair Kunkle adjourned the meeting
at 7:34 p.m. The next regular meeting will be held August 12,2008.
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Douglas Pennell, Vice Chair
Dennis Solomon
Randolph Hansen
I3tmld Krzan, 2nd Alternate
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.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
07 .22 .08
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CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
REGULAR MEETING
SEPTEMBER 23,2008
The September 23,2008 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.
II.
111.
IV.
V.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
The Municipal Services Coordinator called the roll.
Members Present: Craig Kunkle, Chair
Douglas Pennell, Vice C
Barry Present
ate
Members Absent: None
Also Present: Kara Irwin, Growth Management Administrator
Stephen Mayer, Senior Planner
R. Max Lohman, Interim City Attorney
REPORT BY KARA IRWIN, GROWTH MANAGEMENT ADMINISTRATOR
None.
APPROVAL OF MINUTES
MOTION
A motion was made by Barry Present for approval of the June 24, 2008 minutes. The motion
was seconded by Douglas Pennell. Motion passed unanimously, 7-0.
The Municipal Services Coordinator swore in all those wishing to speak at tonight’s meeting.
Chair Kunkle requested members of the public wishing to speak at tonight’s meeting fill out a
public comment card.
Chair Kunkle requested ex parte communication. Randolph Hansen reported a conversation
with Donaldson Hearing regarding Christ Fellowship.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING Page 1
09 .23 .08
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VI. RECOMMENDATION TO CITY WORKSHOP
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(Ex Parte Communication) (Public Hearing)
1. Petition No. CUMJ-08-068-000014: Seacoast Utilities Authority (SUA) Maior
Conditional Use A request from Seacoast Utilities Authority (SUA) for approval of the major
conditional use to allow modifications to the site plan for the expansion of an existing use
known as the Seacoast Utilities 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 and a Public/Institutional
zoning designation.
Michael Panczak recused himself from this portion
Chair Kunkle invited Amir Kanel to join the Boar
meeting.
Anne Booth of Urban Design Studio, on behalf of SUA, desc
property, history of the site, proposed changes and upgrades an
construction.
Rim Bishop, Executive Director of the SUA,
information on the new state-of-the-art water
design and color selections.
Stephen Mayer, Senior Planner, ex evision to condition one.
estions regarding odor and noise.
evaluate what the expected noise levels will be and
MOTION
Randolph Hansen made a motion for approval of the Recommendation to City Council:
Petition No. CUMJ-08-06-000014 Seacoast Utility Authority major conditional use with one
condition which is to provide a balancing architecture element on the North side of the
elevation that would similar to the architectural element that serves as the entrance to the
building. Amir Kanel seconded. Motion approved unanimously, 7-0.
Member Approve DenV
Craig Kunkle, Chair J
Douglas Pennell, Vice Chair J
Bany Present J
Randolph Hansen J
Dennis Solomon J
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
09 .23 .08
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Joy Hecht
Amir Kanel
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Anne Booth acknowledged Dennis Solomon’s retirement from the Board and wished him
the best.
Michael Panczak returned to the dais and Amir Kanel returned to the front table,
RECOMMENDATION TO CITY COUNCIL
(Ex Parte Communication) (Public Hearing)
2. Petition No. MISC-08-09-000048: Paint Color Modifications to the Christ Fellowship
Buildinas A request by Mr. Donaldson Hearing of Cotleur & Hearing, Inc., as the agent for
the Christ Fellowship Planned Unit Development, for approval for paint color modifications to
the Christ Fellowship North Campus building. The existing 20-acre North Campus is
generally located on the north side of Northlake boulevard approximately one (1) mile west of
Military Trail.
Donaldson Hearing of Cotleur & Hearing, introduced David Kush, Director of Planning
for Christ Fellowship, Ali Kalfm of Cotleur
Donaldson Hearing described the property e of the project and the new colors
being proposed.
Discussion ensued with positive co regarding the paint color
modifications.
Chair Kunkle opened the public hearing. With no one wishing to be heard, Chair Kunkle
closed the public hearing.
Stepehen Mayer, Senior Planner, stated a letter has been received from the Northlake
Coalition in support of the color change.
MOTION
Douglas Pennell made a motion recommend
09-000048: Paint Color Modifications
seconded. Chair Kunkle called for a vo
g, and Mike Pate, architect.
roval to City Council of item MISC-08-
st Fellowship Buildings. Barry Present
n was approved unanimously, 7-0.
Member Approve Denv
Craig Kunkle, Chair J
Douglas Pennell, Vice Chair J
Barry Present J
Randolph Hansen J
Michael Panczak J
Dennis Solomon J
Joy Hecht J
Donaldson Hearing acknowledged Dennis Solomon’s retirement from the Board and
wished him well.
VII. OLD BUSINESS
None.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
09 -23 .08
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VIII. NEW BUSINESS
0 Dennis Solomon stated he has enjoyed his 11 years serving on the Planning, Zoning
and Appeals Board. He thanked the City Council for allowing him to serve.
Other Board members thanked Dennis Solomon and wished him well.
(The remainder of this page intentionally le@ blank)
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
09 .23 .08
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IX. ADJOURNMENT
There being no further business to come before the Board, Chair Kunkle adjourned the meeting
at 7:30 p.m. The next regular meeting will be held October 14, 2008.
APPROVED:
Craig Kunkle, Chair
Douglas Pennell, Vice Chair
Barry Present
Dennis Solomon
Randolph Hansen
Michael Panczak
Joy Hecht
Amir Kanel, 1 st Alternate
Donald Krzan, 2nd Alternate
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.
PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING
09 .23 .08
Page 5
Cheryl Levy
From:
Sent: ~
To:
cc:
Subject:
maureen barber [maureenbbarber@msn.com]
Tuesday, October 28,2008 9:36 AM
Cheryl Levy
Kara Irwin
Postpone varaince meeting
To: Planning and Zoning Board
Re: 1609 Nature Court
I have to postpone my meeting with the Planning and Zoning Board until November 10th. I apologize for
the inconvenience, I am waiting to hear back from the Evergrene HOA President who, I am told, has been
out of town.
Maureen Barber
Maureen Barber, Realtor
RE/MAX Northern Palm Beaches
Direct: (561) 799-1002 Cell: (561) 389-7600
www.MaureenBarber.com or www.PaImBeachCountvReaItors.com
.
MAILING FOR THE GREATER GOOD pg
Join me
1
J. HNSTON GROUP
October 28,2008
Ms. Kara Irwin
Growth Management Administrator
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Re: Petition LDRA-08-05-000015: Request for Postponement
Dear Ms. Irwin:
Our office has reviewed the staff report ("Report") for the above-referenced petition provided
to us last Friday (October 24, 2008) with our client, Riverside Drive investors, LLC ("Applicant").
Due to the fact that the Report contains information that had not been provided to the
Applicant prior to receipt of the Report, we feel that it is in the best interest of all if the Petition
scheduled for a public hearing at tonight's Planning, Zoning and Appeals Board meeting be
postponed for 30 days. The postponement is being requested to provide an opportunity for the
Applicant to address and provide clarification to the items contained in the Report and to meet
with staff in an effort to reach mutually agreed upon Code language to be presented to the
Planning, Zoning and Appeals Board and the Ci Council. Accordingly, please accept this letter
as a formal request for same.
In the meantime, we are preparing a written response to the items contained in the staff that
will be forwarded to your office, subsequent to which the Applicant would appreciate a
meeting with you and the City Attorney to discuss these issues.
Should you have any questions or comments regarding this request, please do not hesitate to
contact me.
Regards,
Michael J. Sanchez
Project Manager
PLANNING, ZONING AND APPEALS BOARD MEETING 10/28/08
PROPOSED ADDITIONS. DELETIONS AND MODIFICATIONS
ADDITIONS:
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:
0 A variance fiom 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
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 fiom the side property line.
The Evergrene PCD is located south of Donald Ross Road, between North
Military Trail and Alternate A1 A.
, .- .
0
Project Manager: Kara Irwin, Growth Management Administmtor Irirwinkbbd .corn (799-4243)
Copies of the Resolutions and application have been provided for each member of
the Board
DELETIONS: NONE
MODIFICATIONS : NONE
CITY OF PALM BEACH GARDENS
PLANNING, ZONING, AND APPEALS BOARD
Agenda Cover Memorandum
Meeting Date: October 14,2008
Petition: PVAR-OS-07-000006
SubjectIAgenda Item:
Petition PVAR-0&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:
0 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
A variance fkom 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 fkom the side property line.
The Evergrene PCD is located south of Donald Ross Road, between North Military Trail and
Alternate Alk
[ ] Recommendation tc
Recommendation tc
Mewed by:
City Attorney
APPrOd By:
RonaldM Ferris
NIA
City Managex
Date: 10/3/08
m Notified
[ ] Not reqnired
Affectedparties:
NA
PZAB Action:
Appnrved
App. w/ conditions
Denied
continuedto:
Attachments:
VarianceApplication
ApplicantNmtive
Lot4Surveys
Photos
Finalorder
EXECUTIVE SUMMARY
Meeting Date: October 14,2008 I
Petition: PVAR-08-07400006
FINAL ORDER-08-07-000006
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 fws 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-bily
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 2,5 12
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
(10) 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 (1 0) feet, and locate it abutting the preserve area, directly on
the rear property line (see affached 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 fiom the City.
Approximately two (2) months after 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, fiom which, the Applicant is seeking a variance.
1
SITE MK1 ATION
Meeting Date: October 14,2008
Petitiox PVAR-0847-000006
FTNAL ORDER-08-07M)oo06
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 Oficial Records Book (see attached survey), 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.
The applicant is requesting a ten (10) foot variance fiom Section 78-316Q) 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 fiom 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.
yhCD
PreserveAreas-
Pard 8 Site Plan -
Rear Fence Setback
Evergrene PCD
Parcel 8 Site Plan - NIA 6 Feet 0 Feet 0 Feet
Side Clear Zone
Minimum Separation and 10 Feet 10 Feet 0 Feet 10 Feet
Section 78-53@) provides that as a basis of approval, the Board must find that the applicant
complies with &I eight variance (8) criteria. The following illustrates StafPs analysis of the
required 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.
2
Meeting Date: October 14,2008 *
Petitiox PVAR-08-07-000006
FINAL ORDER-08-07-000006
Applicant’s Justification
T;he rear ymd is approximately 14 feet in depth @om the rear property line to the covered
putio). Tiae qplicant states that if the 10’ setback where to be observed only a 4’ rear yard
would be provided for by fencing the rear yam! The applicant contends that some propertie8 in
the area are not required to adhere to this IO’ setback, while other properties are. The applicant
states that the pie shape lot contributes to the unique situation.
Staffs Findings DOES NOT COMPLY
Parcel 8 contains 105 singlafamily homes that are placed on 50’ X 105’ minimum sized lots.
Properties in the surroundmg 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 cmted
by any actions of the applicant.
Applicant’s Justification
Tiae applicant states that the fencing setback creates a small sized bacRymdl which provids for
limited we of the proprty and hs not allm for acikquate area to phy ami exercise hgs. In
&tion, the applicant contends that the HONACC approved the fence to be located along the
rear property line.
SWs Findinas DOES NOT COMPLY
Staff cannot find adequate justification that shows that a hardship exists for this site. Although
the site is pisshaped, it is consistent with other lots within the development that are under the
same regulations. Therefore, it is SWs professional opinion that no bardship 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
MeetingDate: October 14,2008
petitio^ PVAR4847M)o6
FINAL ORDEX4847M)06
ADDliCant’s Justification
?%e appliamt feels that literal interpretation of the regulation does not provide them the right to
filly enclose the rear yard of the property as enjoyed by other homeowners in the neighborhood
that do not back up to apreserve.
SWs Findings 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 atkzchedphotm); 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 justiification for this criterion. The applicant on& indicates, “not
every property in the community is the same” and “my neighbors nQt only approve of my fence,
they want to ab the same.”
Staffs Findings DOES NOT COMPLY
Neighboring properties have adhered to this setback requirement (see attachedphotos); the
granting of this variance would coder 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
33re applicant argues that with the configuration the home on the pie-shaped lot, this is the
minimum variance required to make &pate use of the property. The applicant conted that
the fence configuration on this property is more jknctional and aesthetically pleasing than others
in the mrrounding area.
4
Meting Date: October 14,2008 1 ,
Petitioa PVAR-0847400006
FINAL ORDER-08-07-000006
Staffs Findinas DOES NOT COMPLY
It is StafPs 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.
SWs Findims 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.
ADplicant’s Justification
The applicant hus i&nt@ed the $5,000+ cost of the fence and the potential cost of moving to a
new home as finamcia1 hardships. AaUitionally, she has indicated her intent to pursue Bulldog
Fence Company for any/all expenses incurred
Staffs Findinns 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: PVAR48-07-000006
FINAL ORDER48-07-000006
Applicant’s Justification
The applicant asserts, “The public will not be Mected by this at all, just me and my abgs.
Staff“ s 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 Stas professional opinion
that in case of emergency, the fbnctionality of these setbackdaccess 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
Mer a detailed analysis, Staff finds that the proposed variance requests do not meet the eight (8)
criteria found in Section 78-53 @) 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
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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 asked him to come to the house and see what an eyesore this was. He
came over right away and agreed that 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 very 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
Company.
My neighbors are not at all opposed to the fence, as a matter of fact two of them wanted to do the
same thing. I 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.
Sincerely,
yhwi4/bq
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
ResDonselJustification to Variance Criteria bv Maureen Barber, Amlicant - sent via email on
8/25/2008
VARIANCE CRITERIA
I. SPECIAL CQNDITIONS:
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 10' 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 conflguration 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 otherthan myself. I can not understand
WHY this is a property has this IO' restriction when it is extremely private and not visible
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.
1 9f AT PAGES 11 44 THROUGH 147, OF THE PUBLIC RECORDS OF PALM BEACH 'COUNTY, FLORIDA. NOTES 1. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. WHOLE OR IN PART WITHOUT WRITTEN AUTHORIZATION. 2. THIS SKETCH IS THE PROPERTY OF CARNAHAN-PROCTOR-CROSS, INC., AND SHALL NOT BE USED OR REPRODUCED II 3. 4. 5.
6.
7.
a.
9.
10.
THE LANDS SHOWN HEREON ARE SUBJECT TO ALL EASEMENTS, RESERVATIONS, RIGHTS-OF-WAY, AND RESTRICTIONS OF RECORD. ALL EASEMENTS SHOWN HEREON ARE PER THE RECORD PLAT UNLESS OTHERWISE NOTED. EASEMENTS, RESERVATIONS, AND OTHER SIMILAR MATTERS 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 LINE OF SECTION 25, TOWNSHIP 41 SOUTH, RANGE 42 EAST,
BEARING SOUTH 89"51'14" EAST, ACCORDING TO THE PLANE 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, !4 MILE SOUTH OF DONALD ROSS ROAD, 222 FEET SOUTH OF THE ENTRANCE TO A
SCHOOL; ELEVATION: 13.322 FEET
THE ELEVATIONS SHOWN HEREON ARE FOR THE PURPOSE OF INDICATING THE GROUND ELEVATIONS ONLY AT THE
POSITICINS SHOWN AND IN NO WAY INDiCATE ELEVATIONS AT ANY OTHER POINTS THAN AS SHOWN HEREON.
FLOOD ELEVATION INFORMATION:
A. COMMUNITY NO. : 120192 E. SUFFIX :B
B. FIRM MAP INDEX DATE : JUNE 2.1992 F. BASE FLOOD ELEVATION : N/A
THIS SKETCH WAS PREPARED WITHOUT BENEFIT OF A TITLE SEARCH. FOR INFORMATION CONCERNING RIGHTS-OF-WAY,
C. FIRM ZONE :B
D. PANEL NUMBER : 0120
11. ADDRESS: 1609 NATURE COURT, PALM BEACH GARDENS, FLORIDA 33410
12. AREA OF THIS 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
ABBREVIATIONS
A = ARC LENGTH
A/c = AIR CONDITIONER SLAB
ADJ = AWACENT
B.C.R. = BROWARD COUNTY RECORDS
B.D.I.C.
(C) = CALCULATED
= BRASS DISC IN CONCRETE
CA.T.V. = CABLE JUNCTION BOX
C.E.S. = CONCRETE BLOCK STRUCTURE
C.L.F. = CHAIN LINK FENCE
C.M.E. = CANAL MAINTENANCE EASEMENT
CONC. = CONCRETE
D = DELTA (CENTRAL ANGLE) D.E. =.DRAINAGE EASEMENT
E.O.P. = EDGE OF PAVEMENT
cn. =CHORD
E.O.W.
EL.
Ff.
F.P.L.
FND.
GAR.
H.C.
VR 8 C.
IWR
L.E.
L.M.E.
(M) N.G.V.D.
N.TS.
ND
= EDGE OF WATER
= ELEVATION = FINISHED FLOOR = FLORIDA POWER 8 LIGHT CO. = FOUND = GARAGE
= HANDICAPPED = IRON ROD AND CAP
= IRONROD
= LANDSCAPE EASEMENT = LAKE MAINTENANCE EASEMENT = MEASURED
= NATIONAL GEODETIC VERTICAL DATUM
= NAIL AND DISK
= NOTTO SCALE
NIT
O.R.B.
P.B.
P.B.C.R.
P.O.B.
P.O.C.
P.R.M.
PROP.
PVMT.
R. ww
SMY
SW. . T.O.B.
U.E.
W.L.E.
W.M.M.E
= NAIL AND TAB = OFFICIAL RECORD BOOK = PIATBOOK
= PALM BEACH COUNTY RECORDS
= POINT OF BEGINNING
= POINT OF COMMENCEMENT
= PERMANENT REFERENCE MONUUENT = PROPOSED = PAVEMENT
= RADIUS = RIGHT-OF-WAY
= SIDEWALK = STORY
= TOP OF BANK = UTlLrrY EASEMENT = WATER LINE EASEMENT = WATER MANAGEMENT MAINTENANCE
EASEMENT
> -I
SU RVEY OR'S C ERTl Fl CAT1 ON
I HEREBY CERTIFY THAT THE SURVEY SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL
STANDARDS FOR SURVEYS AS CONTAINED IN CHAPTER 6lG17-6. FLORIDA ADMINISTRATIVE CODE. *-
PROFESSIONAL SURVEYOR AND MAPPER DATE OF LAST FIELD WORK: 12-19-03
FLORIDA LICENSE NO. LS 3348
w:\projects\990901 bhWsgalsWot004.doc
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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
” ‘-p- d
,..
‘I
*-
I* .. .. a
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
Petition: 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
Meeting Date: October 14, 2008
Petition: PVAR-08-07-000006
1609 Nature Court - Site Photos
: , ''2
Standing at west side property line - looking south, towards the preserve area
ORDER OF THE PLANNING, ZONING, AND APPEALS BOARD
OF TEIE 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 OFJ?ICE
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 staff, members of the public and other
interested persons at a hearing called and properly noticed, hereby makes the following
findings of fbct:
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
punsuant to the Evergrene Planned Community Development (PCD) Pard 8 Site
and the Land Development Regulations Section 78-316 a), made a part
aocordance with Section 78-158 (g) of the Land Development Regulations,
requests &om the applicable PCD development standard(s) are allowed fbr single-
family homes.
. This applicant seeks a Variance pursuant to the City’s Land Development
oris.
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 fiom 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 fiom circumstance not the result of actions of the applicant;
c) Literal Interpretation would constitute an unnecessary and undue hardship;
d) No Special Privilege confmed;
e) Minimumvariance;
f) In harmony with the Purpose and Intent of the Land Development Regulations;
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 develoDment order. Resolution 201.2002. which requires a ten (10)
foot mullmum separation between structures and a preserve area. The petitioner is recluesting
variance of ten (10) feet to allow a four (4) foot tall fence at the rear property line. which is
..
adiacent to an existing preserve and requires a ten (10) foot setback; and
0 A variance fiom the Evermene Planned Community District IpCD) 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
groDertv line. which requires a six (6) foot setback from the side property line.
c
2.
The decision has been based upon our opinion that the additional area needed to effectively
delv build a fence does not create a special condition or hardship. This decision
would codex uDon the applicant a special Drivilege throuah the literal internretation of the
Code. It is also our opinion that this request is neither the minimum variance needed. nor is
it in harmony with the Pumse and Intent of the Land DeveloPment Reaulations.
The reasons for the denial of this variance are as follows:
DONE AND ORDERED this 14th day of October 2008.
ATTEST BY:
Debbie Andrea
Recording Secretary
Chair Mi. Craig Kunkle
Planning, Zoning, and Appeals Board
City of Palm Beach Gardens
Cotleur & a Hearing Landscape Architects I Land Planners I Environmental Consultants 1934 Commerce Lane Suite 1 Jupiter, Florida 33458 Ph 561.747.6336 . Fax 561.747.1377 . Lic.#LC-C000239 Wednesday October 22,2008 Ms. Kara Irwin, Growth Management Department
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 3341 0-4698
Re: Petition No. CPSS-07-08-000001: Ballenlsles West Outparcel Future Land-
Use Map Amendment CH Project #03-0612
Dear Kara:
The Applicant for the above referenced is respectfully requesting a postponement of said
petition from the October 28, 2008 Planning, Zoning and Appeals Board hearing. This
request is to allow the Applicant additional time to evaluate alternative means of
addressing technical concerns identified by City Staff. We would request that this item be
postponed to the January 27th, 2009 PZAB hearing. Please provide a written response
acknowledging Staffs receipt of this request and provide further direction as to what is
required of the applicant to execute this request. We shall attend the October 28th, 2008
PZAB hearing should the item be required to be opened and postponed to the date certain
hearing.
Should you require any additional information or have any questions please don't hesitate
to call me directly at 561-718-4512.
Your assistance in this matter is greatly appreciated.
Sincerely yours,
Cotleur 8 Hearing, Inc. \ H Brian Chegu , enio and Planner
BClnt
CC: John Gary
John Tiffany
Don Hearing
Enclosures: none
[Emailed and Hand Delivered 10-22-20081 cl~y @. ~44 EH @J$
CITY OF PALM BEACH GARDENS LOCAL PLANNING AGENCY- Agenda Cover Memorandum 0 Date Prepared: September 30,2008 Meeting Date: October 28,2008 Petition No. CPSS-07-08-00001 SUBJECT/AGENDA ITEM Petition No. CPSS-07-08-000001: Ballenlsles West Outparcel Future Land-Use Map
Amendment
Public Hearing and Recommendation to City Council: A request by Cotleur & Hearing,
Inc., agent for E. W. Outparcels, LLC, for a Small Scale Comprehensive Plan Map
Amendment to modify the Future Land Use Map to change the designation from a
Residential Low (RL) Future Land Use category to a Professional/Office (PO) Future Land
Use category of an approximately 7.31-acre vacant parcel of land, known as the
Ballenlsles West Outparcel, generally located at the southwest corner of the intersection of
PGA Boulevard and Ballenlsles Drive.
[ ] Recommendation to APPROVE
[ X ] Recommendation to DENY
Reviewed by:
Planning Manager:
Nilsa Zacarias, AlCP
Interim City Attorney:
Max Lohman
Development Compliance:
Bahareh K. Wolfs, AICP
NIA
Growth Management
Approved By:
City Manager:
Ronald M. Ferris
Originating Dept.:
Growth
Management:
Project Manager
Stephen Mayer
Sr. Planner
SA
[ X] Quasi-Judicial
[ ] Legislative
[ X] Public Hearing
Advertised:
Date: NIA
Paper: NIA
[ ] Not Required
Finance Dept.:
NIA
411an Owens,
-4dministrator
Senior Accountant:
BY
Tresha Thomas
Fees Paid: [ ]
Date:
Funding Source:
[ ]Operating
[XI Other NA
Budget Acct.#:
NA
Local Planning
Agency Action:
[ ]Approved
[ ] App. w/ conditions
[ ] Denied
[ ] Rec. Approval
[ ] Rec. Approval with
conditions
[ ] Rec. Denial
[ ] Continued to:
Attachments:
Applicant's
Location Map
Existing & Proposed
Justification Statement
Future Land Use Maps
and Surveys
Traffic Analysis
Comparative Analysis
IPARC Executive
of Impacts
Summary
Petition CPSS-07-08-00001 Dated Prepared: September 30,2008 Meeting date: October 28, 2008 BACKGROUND The subject site known as the Ballenlsles West Outparcel is located at the southwest 0 corner of the intersection of PGA Boulevard and Ballenlsles Drive and consists of 7.31 acres of vacant land. The Ballenlsles West Outparcel is currently designated with a Residential Low (RL) Future Land Use category within the Residential Low Density-3 (RL- 3) zoning district. The applicant is proposing to amend the Future Land Use Map to designate the property with the ProfessionaVOffice (PO) Future Land Use category. The proposed Comprehensive Plan Map amendment is necessary because the applicant is
proposing to construct an ofice park on the property.
FUTURE LAND USE COMPATIBILITY WITH SURROUNDING AREA
The applicant is proposing non-residential development in an area that is currently not
within a Planned Community Development (PCD). The subject property is envisioned by
the City’s Vision Plan, Future Land Use Map, and Zoning Map as Residential Low. A
majority of the PGA corridor between Military Trail and the Turnpike interchange consists
of residentially designated property, including property that has since been redesignated to
Mixed Use (PGA Commons and Midtown/Borland Center PUDs).
To the north across from PGA Boulevard is a large residential development known as Old
Palm Golf Club Planned Community Development (PCD) and consists of single family
homes, and is designated with a Residential Medium (RM) FLU category within the PCD
zoning district. Abutting the property to the south is the Ballenlsles PCD, which consists of
single family homes and designated with a mix of Golf, Residential Low and Residential
Medium FLU categories within the PCD zoning district. To the east and across from
Ballenlsles Drive is an undeveloped commercial outparcel, designated with the
Commercial FLU category within the Commercial Neighborhood zoning district. To the
west is a small tract of land utilized for a maintenance facility, designated the Residential
Low FLU category within the Residential Low Density-3 (RL-3) zoning district.
0
The requested PO land use is not complementary with the surrounding area on three sides
and is not compatible with the vision of PGA Boulevard in this area. The Applicant’s
request to add professional office at this site would bring non-residential intensity to both
sides of Ballenlsles Drive and create a new non-residential node at the intersection of PGA
Boulevard and Ballenlsles Drive. Although the applicant contends that PO is the most
compatible land use on the basis that PO is a transitional use between residential and a
major arterial, the character of PGA Boulevard west of Military trail is not non-residential in
character and the transition is not necessary in this location. Examples of residential land
use along this segment of PGA include, PGA National, Mirasol PCD, Old Palm Golf Club
PCD, Woodland Lakes, and the residential components of the Midtown and Commons
Mixed Use projects.
Furthermore, Ballenlsles Drive does not function to support the additional intensity of a
non-residential node. The only examples of straight non-residential nodes in this 2 mile
stretch of PGA Boulevard include Mirasol Walk/Shoppes on the Green at PGA Boulevard 0 and Fairway Drive and Gardens Square Shops at Military Trail and PGA Boulevard. The
2
Petition CPSS-07-08-00001 Dated Prepared: September 30, 2008 Meeting date: October 28, 2008 intersection of Military Trail and PGA Boulevard is an intersection that consists of two major arterials and does not share similarities to Ballenlsles Drive and PGA Boulevard. The intersection at Fairway Drive and PGA Boulevard is an intersection that consists of a residential entrance into gated communities (such as Ballenlsles Drive is for Old Palm and Ballenlsles), however, the difference is that this intersection was planned for non- residential development at the inception of the Mirasol and PGA National developments. Through the Development of Regional Impact (DRI) process, this non-residential node was designed and planned for to minimize impact to the residents utilizing this entrance, and a second entrance was planned for residential traffic farther west in both instances. During
the development process, this intersection was not designed to handle all residential traffic
from PGA into Ballenlsles and Old Palm and non-residential on both sides of Ballenlsles
Drive. Therefore, staff notes that the intensification of professional office at this intersection
is not like any other on this segment of PGA Boulevard.
COMPATIBILITY WITH THE VISION PLAN
The City’s Vision Plan serves as a land-use guide for all land-use designation changes in
the City. The Vision Plan designates the subject site as Residential. Therefore, the
change to PO is not consistent with the intent and objective of the Vision Plan for this area.
CONSISTENCY WITH COMPREHENSIVE PLAN
The proposed Future Land Use Map amendment is not consistent with the Goals,
Objectives, and Policies of the Future Land Use and Transportation elements of the City’s
adopted Comprehensive Plan. An example of some of the goals, objectives and policies
that are not consistent with and do not support the proposed amendment, are listed below:
Future Land Use Element
Goal 1 .I 5.: Future growth, development and redevelopment shall be directed to
areas depicted on the Future Land Use Map, consistent with: sound planning
principles; minimal natural limitations; the goals, objectives, and policies contained
within this Comprehensive Plan; and the desired community character.
The proposed change in the Future Land Use map is not consistent with sound planning
principles, as it will intensify the use in an area predominately residential on segment of
PGA that is designed for mixing of uses. This segment of PGA (west of Military Trail) is
characterized as having nodes of non-residential development, or commercial and
professional office intensity contained within mixed use development and therefore utilizing
internal trip capture. This segment already has three such nodes, one at Military Trail (four
corners), the other at Central Boulevard (two corners) and the final at Fairway Drive (four
corners).
The focation of professional office uses directly abutting residential uses and the increased
intensity of uses allowed in the Professional Office Land Use category at this intersection
3
Petition CPSS-07-08-00001 Dated Prepared: September 30,2008 Meeting date: October 28,2008 will create a node of non-residential on both sides of Ballenlsles Drive that does not provide an appropriate transition of uses. This intersection has historically been for residential traffic entering and exiting the Ballenlsles PCD. Furthermore, the proposed professional office use will require access off of Ballenlsles Drive for traffic making a left turn coming from the east, and traffic exiting the site going to the west (toward the Turnpike). If the FLUM amendment is approved, Ballenlsles Drive will have accessibility issues due to the proximity of their private gate, the intersection of two non-residential properties and the intersection with PGA Boulevard within approximately 750 feet.
Transportation Element
Objective 2.1.1.: To maintain specific level of service (LOS) standards on the
roadways
As demonstrated in the applicant's traffic analysis, the proposed maximum development
potential of the land use change will have a significant level of impact on segments of
roadways that are projected to fail the adopted LOS standard D. Furthermore, other
segments and intersections that are close to falling below LOS D are significantly impacted
by the FLUM amendment.
HISTORICAL AND ARCHEOLOGICAL RESOURCES
No historical and/or archeological resources have been identified on site, according to the
applicant.
ENVIRONMENTAL ISSUES AND LAND SUITABILITY FOR PROPOSED LAND-USE
The site contains disturbed land consisting of undeveloped open area with some Banyan
trees along the southern end of the property. Existing vegetation at the southeast corner of
the site and will be incorporated and protected if possible into the site design of any future
development. Wildlife is scarce and no signs of hydrology exist on site and habitat for
threatened and endangered species is lacking.
The environmental analysis indicated that the property has suitable soil for the proposed
development. The site was previously permitted by JDM Country Club (Ballenlsles Country
Club). The Master Stormwater Management System for Ballenlsles provides water quality
treatment and stormwater attenuation for this project consistent with the Stormwater
Management Sub-Element of this Comprehensive Plan.
MAXIMUM DEVELOPMENT POTENTIAL UNDER EXISTING FUTURE LAND-USE
CATEGORY
The maximum development potential that is allowed under the existing FLU category of
Residential Low is outlined in the table on the following page. In accordance the
Comprehensive Plan, the maximum allowable density is 4 units per acre. Therefore, the
maximum allowable development under the existing Palm Beach Gardens FLUM on the
approximately 7.31 acres would be 29 dwelling units.
4
Max. Max. External Recreation1 Development Density/ Trip Parks Potential In tensity 0 290 Trips .I acres du/ AADT* 29 Single- family units acres *Average Annual Daily Traffic Petition CPSS-07-08-00001 Dated Prepared: September 30,2008 Meeting date: October 28, 2008 Sanitary Potable Solid Sewer Water Waste 7,447.2 13,294 GPd 1 gpd 1 lb%lay 1
MAXIMUM DEVELOPMENT POTENTIAL UNDER PROPOSED LAND-USE
DESlG NATION
The proposed FLUM amendment for the 7.31 acre property is to change to the
ProfessionaVOffice (PO) FLU category, which allows a maximum allowable development
of 35% of the site and a maximum height of 36 feet. Therefore, the maximum allowable
development under the existing Palm Beach Gardens FLU category for a three story
building (36 ft I 10 ft per story) on the approximately 7.31 acres would be (7.31 x 43,560 x
0.35 x 3) or 334,344 sq. ft. However, the Professional Office Zoning District does not
permit 3 stories without a waiver and therefore, staff has accepted a lower reasonable
maximum potential. Because the maximum allowable development under the
corresponding zoning district is a two story building, the accepted maximum allowable
development for the land use change is 222,896 sq ft.
Max. External RecreationlParks Sanitary Potable Solid
Sewer Water Waste 0 Max. Development Density I Trip
Potential Intensity (garbage
only)
22,290 22,290 3,358.71
GPd gpd I bs/day
222,896 2,349 - story square AADT* N/A
Trips feet office building
*Average Annual Daily Traffic
IMPACT POTENTIAL UNDER PROPOSED CHANGE
Increased Increased Increased RecreationlParks Increased Increased Increased
Developmen Density I External Sanitary Potable Solid
t Potential Intensity Trips Sewer Water Waste
+2,059
+ 14,842.8 +8,996 +2,787.7 1 PO -two 222,896 AADT*
building feet office PM Peak gpd gpd Ibs/day story office square Trips (289 N/A
hour)
*Average Annual Daily Traffic
Below is a summary of the applicant's traffic analysis prepared by Kimley-Horn and
Associates. A Comprehensive Plan Map amendment should be analyzed utilizing the
proposed maximum Land Use development (two floors of office at 35% lot coverage)
5
Petition CPSS-07-08-00001 Dated Prepared: September 30, 2008 Meeting date: October 28, 2008 because it accurately reflects the applicant's Future Land Use Map entitlement. Whether an applicant can gain concurrency or site approval should not be considered in the analysis, as the decision to modify the FLUM must be made independent from proposed site plans. The tables below highlight the roadway segments. The maximum development shows significant levels of impact on 2007 and 2025 Average Annual Daily Traffic (AADT) link analysis due to the proposed FLUM amendment. 2007 AADT LINK ANALYSIS
The maximum development shows significant levels of impact on 2007 AADT link analysis
for the Florida Turnpike and the segment does not meet adopted LOS D. Furthermore, two
segments on PGA Boulevard are significantly impacted by the development; however they
currently meet the adopted LOS D. 0
2025 AADT LINK ANALYSIS
Roadway Project LOS Existing Project Significant
From - To Traffic Volume Impact Impact
/Capacity on LOS
PGA Boulevard
Jog Road - Fairway Drive 235 D .85 .42% No
Fairway Dr. - Ballenlsles Dr. 352 E I .03 .63% No
Ballenlsles Dr. - Central Blvd 1,950 E 1.06 3.47% Yes
Central Blvd - Militarv Trail 1.597 D .89 2.85% No
S Central Boulevard
PGABlvd - Hood Road 352 D .98 .63% No
The proposed maximum development also shows significant levels of impact on 2025
AADT link analysis for PGA Boulevard on the Ballenlsles Drive and Central Boulevard
segment. Furthermore, this segment does not meet LOS D standard in 2025. The
maximum development also potentially increases 309 trips on the PGA Boulevard Fairway
Drive/Ballenlsles Drive segment, which is projected to fall below LOS standards.
The two way peak hour traffic link analysis also shows that two segments of PGA
Boulevard, Ballenlsles Drive to Central Boulevard and Central Boulevard to Military trail
are significantly impacted.
6
Petition CPSS-07-08-00001 Dated Prepared: September 30,2008 Meeting date: October 28,2008 LEVEL OF SERVICE STANDARDS The amlicant has not demonstrated to the satisfaction of the City‘s traffic consultant and staff that the proposed land-use designation meets all of the level of service standards established in the City’s Comprehensive Plan. Copies of the level of service analysis were forwarded to the City’s Police, Fire and Community Service’s Departments. To date, the Growth Management Department has received response letters from the City’s Fire and Police Departments stating that the proposed land-use change will not negatively impact the levels of service of said Departments. The applicant has provided letters from
Waste Management and Seacoast Utilities stating there are adequate capacities to
service the proposed development at their respective adopted levels of service.
The petitioner’s analysis demonstrates that there will be significant, adverse impacts on
the adopted Level of Service (LOS) standards for traffic. In the County’s review of the
Comprehensive Plan Map Amendment, they expressed concern about the projected
peak-hour traffic impacts on the congested Military Trail and PGA Boulevard intersection.
Although the City has not adopted intersection LOS standards, the County’s concern
raises additional potential impacts.
The petitioner’s analysis demonstrates that there will be no adverse impacts on water,
sewer, solid waste, police and fire services; however, demand on these services will
increase due to the land use change. The demand for sanitary sewer will double, and the
demand for solid waste will increase five-fold.
NEARBY LOCAL GOVERNMENT COMMENTSlOBJECTlONS
The Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC)
has reviewed the proposed amendment and has raised no objections to date. Staff has
received nearly four hundred letters in regards to the Comprehensive Plan Map
amendment from residents of the Ballenlsles community. The overwhelming majority of the
residents’ letters object to the subject petition. Because of the large number and variety of
comments, staff will request to place in record a digital copy of all of the letters received to
date at each public hearing.
STAFF COMMENTS
The proposed FLUM designation of the Professional/Office category is incompatible with
the adjacent properties, with the City’s Comprehensive Plan and with the City’s Vision
Plan. The change in FLU will be a substantial increase in intensity and will create a
significant impact on a segment of PGA below adopted LOS. The location of non-
residential uses directly abutting residential uses provides an inappropriate transition and
the increased professional office intensity on this intersection will create a node of non-
residential on both sides of Ballenlsles Drive. This intersection has historically been for
residential traffic entering and exiting the Ballenlsles PCD.
Furthermore, the proposed professional office use will require access off of Ballenlsles
Drive for traffic making a left turn coming from the east, and traffic existing the site going to
7
Petition CPSS-07-08-00001 Dated Prepared: September 30, 2008 Meeting date: October 28, 2008 the west (toward the Turnpike). The traffic statement indicates that the proposed change will result in an increase in the number of trips generated by the site and will create a significant impact on a segment of PGA that is projected to fall below adopted LOS. LOCAL PLANNING AGENCY On August 25, 2008 the Planning and Zoning Commission, acting as the Local Planning Agency voted unanimously (7-0) to postpone the subject petition, as requested by the applicant.
STAFF RECOMMENDATION
Staff recommends DENIAL of the proposed land-use amendment Petition No. CPSS-07-
08-000001.
8
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Ba\\en \s\es Outparce\
Pa\m Beach Gardens, T\orida Jwlter, R 3345.9
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N TRAFFIC ANALYSIS FOR 0 COMPREHENSIVE PLAN AiUENDMZZNT
BALLEN ISLES OUTPARCEL
PALM BEACH COUNTY, FL
Prepared for:
John C. Bills Enterprises, Ine.
Palm Beach Gardens, FL
144155001
July 2007
0 Kimley-Horn and Associates, Inc.
CA Number OoooO696
1690 South Congress Avenue
Delray Beach, K 33445
56113302245 FAX
561/330-2345 TEL
amn Kimtey-Horn I and Associates, Inc.
S61p330-2245 FAX
General Oflico
Single Family Dctwhd
cdmp Plan Is - Revked Eeh 2008 Page 9
FIGURE 2
e
e
CITY OF PALM BEACH GARDENS
PLANNING, ZONING AND APPEALS BOARD
Agenda Cover Memorandum
____-
] Recommendation to 1
Reviewed by:
Date Prepared: September 18,2008
Meeting Date: October 28,2008
Ordinance 28,2008
Subject/Agenda Item:
Ordinance 28,2008: Text Amendment to the Capital Improvements Element (CIE)
Public Hearing & Recommendation to City Council: A City-initiated request for the adoption of
amendments to the Capital Improvements Element (CIE) of the City of Palm Beach Gardens
Comprehensive Plan to update the CIE to be consistent with the current City budget in accordance
with Chapter 163.3 177, Florida Statutes.
[XI Recommendation to APPROVE
Interim City Attorney
Max Lohamn
Development
Compliance
Bahareh Keshavarz-Wolfs,
AICP n
Growth Manag
Administrator
Kara L. Irwin, AICP
City Engineer 9
P.E.
Approved By:
Ronald M. Ferris
City Manager
ENY
Originating Dept.:
Growth Management:
Project
Manager s&
Stephen Mayer
Sr. Planner
[ ] Quasi-Judicial
[ X ] Legislative
[ X ] Public Hearing
Advertised:
Date: 10/17/08
Paper: PB Post
[XI Required
Affected parties:
[ ]Notified
[XI Not Required
FINANCE:
Finance Administrator
Allan Owens
Costs: $N/A
Total
$- NIA-
Current FY
Funding Source:
[ ] Operating
[XI Other N/A
Budget Acct.#:
NA
City Council Action:
Approved
App. w/ conditions
Denied
Continued to:
Attachments:
Ordinance 28,2008
Data and Analysis
0 Five Year Projection
0 CIE Support Document
0 Resolution 94,2005
0 Resolution 180,2002
0 School concurrency
service area report
0 Ordinance 3 1,2007
Other Reviewers:
Pete Bergel, Fire Chief
Stephen Stepp, Police
Chief
Date Prepared: September 21,2007
Meeting Date: October 28,2007
Ordinance 3 1,2007
Page 2 of 8
BACKGROUND
The proposed amendments to the CIE have been revised to be consistent with the recently approved
Capital Improvement Program in accordance with Chapter 163.3 177, Florida Statutes. Staff has
attached the most recently approved CIE update to the staff report (please see attachment Ordinance
3 1,2007).
The City is required by Chapter 163 of the Florida Statutes to maintain an updated Capital
Improvements Element well-coordinated with the rest of the elements of the Comprehensive Plan.
Furthermore, staff must include the Five-Year Schedule of Capital Improvements that are needed to
implement the Comprehensive Plan and ensure that adopted Level of Service (LOS) standards are
achieved or maintained. Staff is also impelled to analyze the new mandatory general components of
the Schedule: fiscal responsibility and identification of proportionate fair share projects for
transportation.
SUMMARY OF PROPOSED CAPITAL IMPROVEMENT ELEMENT AMENDMENTS
Table 9A: This Table has been updated to be consistent with the current Capital Improvement Plan.
(Attached in Ordinance 28,2008)
Table 9B: This Table has been updated to support Objective 9.1.4 concerning Palm Beach County
School District Level of Service (LOS) and proposed school construction schedules.
(Attached in Ordinance 28,2008)
STAFF ANALYSIS
Staff analyzed the following additional requirements of the annual CIE update and the consistency
with the City’s, County’s and State Comprehensive Plans, and the Strategic Regional Policy Plan.
Fiscal Responsibility
The City is required to provide the revenue sources that will be used to fund each project and
supporting data must demonstrate that sufficient revenues are currently available or will be available
from committed funding sources for projects included in the first three years of the schedule. Staff
has indicated the funding sources as part of the schedule (Table 9A). The City has transportation
projects that are not funded by expected funding sources, such as ad valorem taxes or impact fees.
Date Prepared: September 21,2007
Meeting Date: October 28,2007
Ordinance 3 1,2007
Page 3 of 8
The City has attached the Development Order for those development projects that will be the
expected fimding source of road improvement projects (see attached “Data and Analysis”). The City
demonstrates the anticipated funding sources and expenditures (Attached “Five Year Projection”),
which illustrates that the City maintains excess revenues for every year within the planning period.
Those projects funded by expected funding sources (such as ad valorem taxes) are identified as being
funded by general funds or impact fees and have been demonstrated to be financially feasible.
Proportionate Fair Share
The City is expected to identify any project that utilizes a proportionate-share process with regard to
transportation concurrency. Currently, the City does not have any projects listed in the Schedule
utilizing a proportionate fair share process. Please be advised that pursuant to Ordinance 3 1,2006,
the City has adopted Land Development Regulations in order to adopt a proportionate-share program
as required by Florida Statutes.
Summary of De Minimis Records Report
Pursuant to Section 163.3180 (6), F.S. Statutes, the City is required to submit a summary of de
minimis records to the Department of Community Affairs (DCA) with the annual CIE update. The
summary should include the definition and approval process of developments having de minimis
impact; existing conditions and deficient road links; de minimis trip activity on all applicable road
links; and planned improvements included in the City’s CIE that resolve any existing deficiencies.
Summary of the De Minimis Impact Records: Florida Statute section 163.3 180(6) requires a report to
be included with the City’s annual updated CIE element when the city opts to adopt a de minimis
exception to traffic concurrency. The City of Palm Beach Garden’s code allows specific projects to
be exempt from traffic concurrency under certain conditions. The code, however, does not permit
the exception of concurrency based on de minimis. None of the land development projects within
the City were granted a traffic concurrency approval through an exemption based on a de minimis
determination. No summary of de minimis records is required because no de minimis based
approvals were granted.
Date Prepared: September 21,2007
Meeting Date: October 28,2007
Ordinance 3 1,2007
Page 4 of 8
Adoption of Projects by Reference
Pursuant to Section 163.3177 (3)(a) F.S., Section 163.3180(13)(d)l F.S., and Section 163.3177
(6)(c), F.S. Statutes, the City is required to adopt specific FDOTNPO, School District and Water
Management District (WMD) projects by reference if the City is relying on these projects to ensure
concurrency. The City shall adopt WMD projects within 18 months of the update to the South
Florida Water Management District Regional Water Supply Plan, which is an issue included in the
EAR-based amendments. However, staff must also include by reference the adopted Palm Beach
County School Board 5-Year Facilities Plan and have attached the concurrency service area report of
the County’s 5-Year Facility Plan for schools serving Palm Beach Gardens. Staff will include by
reference any FDOTNPO projects specific to meeting City concurrency, however, staff is not aware
of any FDOT/MPO project specifically addressing City roadways.
CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN
The proposed CIE amendment is consistent with the Goals, Objectives and Policies contained
within the City’s Comprehensive Plan. These changes described below provide for internal
consistency between the amended CIE and the City’s Comprehensive Plan.
Transportation Element:
GOAL 2.1.1.: TO MAINTAIN SPECIFIC LEVEL OF SERVICE STANDARDS ON THE
ROADWAYS.
Staff Comment: Table 9A of the CIE proposed amendment describes several roadway links to be
constructed within the next 5 years to maintain the City’s LOS as growth occurs.
Recreation and Open Space Element:
Objective 7.1.1.: The City shall provide active and passive recreation facilities and areas for
residents of Palm Beach Gardens in a timely manner so as to comply with the LOS standards set
forth by this element and to maintain such compliance in subsequent years.
Staff comment: The proposed amendmentfilJills the objective to provide Recreation and Open Space
by dejhing the year of the construction of certain infiastructure. a
Date Prepared: September 21,2007
Meeting Date: October 28,2007
Ordinance 3 1,2007
Page 5 of 8
Future Land Use Element:
Objective 1.1.6.: The City’s economic base shall be expanded by promoting commercial and
industrial activities as planned and illustrated on the Future Land Use Map, and by ensuring adequate
sites and timely provision of public utilities and services to stimulate such growth.
Staff comment: The proposed amendment fulfills the objective to provide utilities and services by
defining the year of the construction of certain inpastructure.
Public Safety Element:
Objective 10.1.2.1 The City shall provide an initial emergency fire and rescue response to all of the
urban service area in an average time of 5.0 minutes or less. This standard shall be met in 90% of all
calls and shall be measured on a district basis. The rural service area shall have an average 8.0
minute response time.
Objective 10.1.2.2 The City shall maintain an acceptable service standard index not to exceed 1,150
calls per officer per year to serve the urban area. Community policing philosophy shall be utilized in
the urban area and rural crime control strategies shall be utilized in the rural area.
Staffcomment: The proposed amendment fuIJills the objective to provide emergency fire, rescue and
police response by defining the year of the construction of certain inpastructure that facilitates those
objectives.
CONSISTENCY WITH PALM BEACH COUNTY COMPREHENSIVE PLAN
The proposed CIE amendment is consistent with certain Goals and Objectives within the Palm
Beach County Comprehensive Plan as demonstrated by the following listed examples from that
Plan:
Transportation Element Goal 1. A Level of Service
It is the GOAL of Palm Beach County to provide an interconnected multimodal transportation
system which moves people, goods, and services in a safe, efficient, convenient and economical
manner with minimal adverse impact to the environment. a
Date Prepared: September 21,2007
Meeting Date: October 28,2007
Ordinance 31,2007
Page 6 of 8
Staff Comment: The proposed CIE amendment is consistent with Palm Beach County’s goal. The
CIE defines the year of the construction of certain roadway segments which allow the City and
County to meet LOS while having the development community pay its pro-rata share.
Capital Improvement Element Goal 1. Uses of the Capital Improvement Program
It is the GOAL of Palm Beach County to utilize a capital improvements program to coordinate the
timing and to prioritize the delivery of public facilities and other capital projects; a program that
supports the growth management Goal, Objectives and Policies of the Palm Beach County
Comprehensive Plan and encourages efficient utilization of its public facilities and financial
resources.
Staffcomment: The proposed CIE amendment will allow the City to coordinate with the County on
the timing of facility’ infiastructure and service improvements.
CONSISTENCY WITH THE STRATEGIC REGIONAL POLICY PLAN
The proposed CIE amendment is consistent with the overall Treasure Coast Regional Planning
Council’s Strategic Regional Policy Plan as demonstrated by the following listed goals:
Regional Goal 7.3 - Reduce vulnerability to disasters and increased public safety.
Staff Comment: The proposed CIE amendment includes the scheduled construction of a City
thoroughfare roadway which will allow for an additional arterial to the State designated evacuation
roadways. The proposed CIE also has identij?ed a schedule for certain public safety improvements
to improve the Police and Fire Departments.
Regional Goal 5.1 - Lives and Property which are less susceptible to disasters.
Staff Comment: The proposed CIE amendment includes scheduled improvements to the City’s
drainage system to reduce the number of high water andflooding incidents.
?
CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN (CHAPTER 187, Florida
Statutes)
The proposed land-use amendment is consistent with the overall intent of the State
Date Prepared: September 21,2007
Meeting Date: October 28,2007
Ordinance 3 1,2007
Page 7 of 8
Comprehensive Plan. The following State Goals and Policies are specific examples of that
consistency:
Public Facilities - Florida shall protect the substantial investments in public facilities that already
exist and shall plan for and finance new facilities to serve residents in a timely, orderly, and efficient
manner.
Staff Comment: The CIE amendment is consistent with the State ’s public facilities goal because the
City has developed and will implement a schedule ofpublic facility and infiastructure needs which
includes the anticipatedjnancing sources.
Transportation - Florida shall direct future transportation improvements to aid in the management
of growth and shall have a State transportation system that integrates highway, air, mass transit, and
other transportation modes.
Staff Comment: The proposed CIE amendment has scheduled the construction of local roadways that
allow for alternate routes to major attractors and act as reliever roads to Military Trail and PGA
Boulevard, both of which are State roads; thus reducing the need to expand either roadway.
NEARBY LOCAL GOVERNMENT COMMENTS/OBJJXTIONS:
On September 20, 2008, the Palm Beach County Intergovernmental Plan Amendment Review
Committee (IPARC) was notified of the proposed amendment as a courtesy to our neighboring
communities.
STAFF RECOMMENDATION:
Staff recommends APPROVAL of Ordinance 28, 2008, which provides for the adoption of the
proposed amendments to the Capital Improvements Element of the City’s Comprehensive Plan,
based on the following:
0 The proposed CIE amendment is consistent with the existing Goals, Objectives and Policies
of the City’s Comprehensive Plan; and
The proposed CIE amendment is consistent with the existing Goals, Objectives and Policies
of the Treasure Coast Regional Planning Council Strategic Policy Plan; and
The proposed CIE amendment is consistent with the existing Goals, Objectives and Policies
Date Prepared: September 21,2007
Meeting Date: October 28,2007
Ordinance 3 1,2007
Page 8 of 8
of Palm Beach County’s Comprehensive Plan; and
The proposed CIE amendment is consistent with the existing Goals, Objectives and Policies
of Florida State Comprehensive Plan (Chapter 187, Florida Statutes.)
Date Prepared: September 18,2008
Ordinance 28, 2008
1 ORDINANCE 28,2008
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA ADOPTING AN AMENDMENT TO ITS
COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH
THE MANDATES SET FORTH IN SECTION 163.3184, ET SEQ.,
FLORIDA STATUTES, PURSUANT TO A CITY INITIATED
AMENDMENT WHICH PROVIDES FOR THE AN ANNUAL UPDATE TO
THE FIVE YEAR CAPITOL IMPROVEMENT SCHEDULE WITHIN THE
CAPITAL IMPROVEMENTS ELEMENT, INCLUDING REVISED TEXT
NECESSARY TO UPDATE TABULAR DATA IN THE CAPITAL
IMPROVEMENTS ELEMENT; PROVIDING THAT THE TEXT AND
DATA, AS AMENDED OR REVISED, SHALL BE SUBSTITUTED FOR
AND REPLACE THE EXISTING TEXT OR DATA IN THE CAPITAL
IMPROVEMENTS ELEMENT; PROVIDING FOR TRANSMITTAL TO
THE STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS
CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE FOR OTHER PURPOSES.
WHEREAS, the City Council adopted the City of Palm Beach Gardens
Comprehensive Development Plan on January 4, 1990; and
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WHEREAS, the City Council adopted Ordinance 8, 2005 on June 16, 2005,
which required an annual update of the Five Year Schedule of Capital Improvements;
and
WHEREAS, Policy 9.1 .I .I. of the City's comprehensive development plan
requires all capital facility projects (renewal and replacement) needed to achieve and
maintain the adopted level of service and which are over $50,000 in estimated costs to
be included in the Five-Year Schedule of Capital Improvements; and
WHEREAS, the City Council has determined that it is necessary to repeal Table
9A & Table 9B of the capital improvements element and readopt same, as revised in
order to update the capital improvements element consistent with Policy 9.1.1. 'l . and
Ordinance 8, 2005; and
WHEREAS, on October 28, 2008, the Planning, Zoning, and Appeals Board,
sitting as the Local Planning Agency, recommended approval of this amendment to the
capital improvements element of the comprehensive plan by a vote of ---; and
WHEREAS, the City of Palm Beach Gardens has held all duly required public
hearings the City has received public input and participation through public hearings
before the Local Planning Agency and the City Council in accordance with Section
163.3184, et seq., Florida Statutes; and
Date Prepared: September 18,2008
Ordinance 28, 2008
ResurfacelReconstruction Program
Gardens Drive Turn Lanes
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$230,000 $230,000 $230,000 $230,000 I $230,000 GasTax
$500,000 Impact Fees
WHEREAS, the City Council finds that this amendment is consistent with the
City’s comprehensive development plan; and
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 that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The Capital Improvements Element of the City’s Comprehensive
Plan is hereby amended by repealing Tables 9A and 9B and readopting same as revised;
providing that Tables 9A and 9B shall hereinafter read as follows:
Table 9A
CITY OF PALM BEACH GARDENS
CAPITAL IMPROVEMENTS ELEMENT
(this replaces the old Table 9a)
FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS
I
200812009 2009M010 201012011 2011/2012 201212013 SOURCE e-
2
Date Prepared: September 18,2008
Ordinance 28, 2008
rota/ $3,564,737 $600,000 $250,000 $720,000 $755,000
Fire Rescue Unit - Replacements
FIRE RESCUE
I I I 1 I I I 1
Fleet Maint. - $195,000 - $195,000 Fund
rota/ $223,748 $273,748 $763,748 $73,748 $73,748
rota/ $368,700 $369,300 $369,200 $368,400 $369,800
PUBLIC FACILITIES
I
$0 $795,000 $0 $795,000 rota/ $0
PARKS 8 RECREATION
I I I I I
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Date Prepared: September 18, 2008
Ordinance 28, 2008
PGA Park Phase Ill-Prior Year Carry Forward
PGA Park Phase IV FRDAP GRANT
City Park Phase 111 FRDAP GRANT
Gardens Park Sports Lighting
$332,000 Impact Fees
$400,000 Impact Fees
$400,000 Impact Fees
- $1,360,000 General Fund
Grand Total All Elements
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$12,142,585 $4,488,748 $3,226,348 $13,566,648 $4,632,438
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Date Prepared: September 18,2008
Ordinance 28, 2008
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Table 9B
CITY OF PALM BEACH GARDENS
Summary of Capital Improvements Program
(This replaces the old Table 9b)
SDPBC &as8 Adopted, September lQ, 2008
Special Millage
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Date Prepared: September 18,2008
Ordinance 28, 2008
o1
Pine ~og Environmental
Plumcsa 8 - 8
Rivttra Beach High (OZMMM)
Wsst Boca Ekm
33,733,046 33.733,O
27.419.424 27,419.4
Forest Park Elem ModernitaUon 31,655,184 31,655.1
FLllure School Modernizations 15D,b00 fJO#OO
Galaxy Elm Modernization
Gladeview Elem Moderniraticm
Gold Coasl Modernizatlon
Gove Elem Modemiratton
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Date Prepared: September 18,2008
Ordinance 28, 2008
Banyan Creek Ekm Core Expansion
Banyan Creek Elem Additlon
Belle Glade Elem Addition PM
Benoist Farms Elem Pre-K
Baca Raton High Career Amy
Boca Raton High Stadium
Born Raton High SWnmlng Paat
Boynton Beach Hgh Academy
Canal Point Elem Brick Remedath
Carver Middle Core Addbm
Chdlee Lake Elem PwK
Citrus Cove Elem Addiiifm
Crestmod Middle Corn
Cypress Trails Elem
Del Prado Elem Bnc
Ed Plant Survey 8 Fadity Conditiofl Aseesamt
l-ulton Holland WIIxloW Project
Glades Central High Atademy
H L. Johnsm Ekm Addition
Indian Pines Elcm Addition
Indian Pines Elem PreX
Jeny momas Elem AddltM
JF Kennedy Mddle Athletic Ffeltls
Carver Middle Addition
4,689,965
13.794.581
l,Z66,119
15,860,405
2.310.WQ
1 .n 1,549
1,#28M
i,oo,aoa
2"310,0W
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Date Prepared: September 18,2008
Ordinance 28, 2008
SDPE Boa& Adopted, September 10, 2008 6
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Date Prepared: September 18,2008
Ordinance 28,2008
Survivor's Facility Leas 3,448.392 1,857,000 ;: ,'. . 1,591,392 1 509,800 630,192 551,400
Subtotal Debt Service 1,281,876,588 281.098.766 I - 1,000.777.822 I 293.289.261 208,153,886 183,441,118 183,708,497 172,185,060
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Maihtenaneo
Fire & Life %My Systems
Lake Shale Annex
LCD Projector lnstallatlon
Maintenance Projects
Minor Projects
NO8 Carryover
preventive Mainfemme
Relocalables - LePlShg
Relocalables - Relocation
1 S,56$WO
694,672
2,940.874
5,636,858
1,408,000
1,500,006
15,033,597
37.155258
5,000,005
6,429.600
54.600
4,818,400
5,000,000
2.079.600
54,600
4,818.400
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Date Prepared: September 18,2008
Ordinance 28, 2008
SRPBC BuaYd Adopted, September 10, ZOO8 e:
e
Destiny Textbook Manager
Digital Video Repository
Distanca Learning. VrtualSfAW. TrncnO
Call Center Snffware
Classmom Data Cablinp
1,402,155
1,000,wo
35,w0
ro.w.258
9.192.09s
a.i~n.zz8
20.w0 1oo.DQo
"' LU.OP~
300,730
z000.000
9,200
81,900
200,000
560,000
160 000
300,000 2
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~.000,0Ml
35.000
a;soo,82s
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20,000
100.000
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Date Prepared: September 18, 2008
Ordinance 28, 2008
3
Student System Enhancement
Web Forms
240,000
%,076,500
47.000
128,743
25,000
50 500
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355,000
500,000
1,472,000
100.000
100,000
4,880,628
3.532.235
15,000
692,942
11884,051
135,000
240.000
76,500
203,398
3,521,256
422,000
47,000
728,743
25,000
50,500
1.500,000
100,000
Date Prepared: September 18,2008
Ordinance 28, 2008
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SECTION 3. The City's Growth Management Administrator is hereby directed to
transmit one (1) copy of the amendment to the current Comprehensive Development Plan
to the State Land Planning Agency within ten (IO) working days of adoption, along with a
copy of the executed adopting ordinance, ordinance effective date, a copy of the public
hearing notice and all other necessary documents in accordance with Section 163.3187, et
seq., Florida Statutes. A copy of the above shall also be sent to the Treasure Coast
Regional Planning Council and to any other unit of local government that has filed a written
request for same.
SECTION 4. All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
SECTION 5. 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 6. >This amendment shall become effective thirty-one (31) days after
adoption. No development orders, development permits or land uses dependent on this
amendment may be issued or commence before it has become effective. If the
Ordinance is timely challenged by an "affected person" as defined in Chapter 163,
Florida Statutes, the amendment does not become effective until a final order is issued
finding the amendment in compliance.
(The remainder of this page left intentionally blank)
12
Date Prepared: September 18,2008
Ordinance 28, 2008
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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
BY:
Eric Jablin, Mayor
David Levy, Vice Mayor
Joseph Russo, Councilmember
Jody Barnett, Councilmember
Bert Premuroso, Councilmember
AGAINST ABSENT
ATTEST:
BY:
Patricia Snider, CMC
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, Interim City Attorney
13
DATA AND ANALYSIS
Staff analyzed the following additional requirements of the annual CIE update and the
consistency with the City’s, County’s and State Comprehensive Plans, and the Strategic Regional
Policy Plan.
Fiscal Responsibility
The City is required to provide the revenue sources that will be used to fund each project and
supporting data must demonstrate that sufficient revenues are currently available or will be
available from committed funding sources for projects included in the first three years of the
schedule. Staff has indicated the funding sources as part of the schedule (Table 9A). The City has
transportation projects that are not funded by expected funding sources, such as ad valorem taxes
or impact fees. The City has attached the Development Order for those development projects that
will be the expected funding source of .road improvement projects (see attached “Data and
Analysis”). The City demonstrates the anticipated funding sources and expenditures (Attached
“Five Year Projection”), which illustrates that the City maintains excess revenues for every year
within the planning period. Those projects funded by expected funding sources (such as ad
valorem taxes) are identified as being funded by general funds or impact fees and have been
demonstrated to be financially feasible.
Proportionate Fair Share 0
The City is expected to identify any project that utilizes a proportionate-share process with
regard to transportation concurrency. Currently, the City does not have any projects listed in the
Schedule utilizing a proportionate fair share process. Please be advised that pursuant to
Ordinance 31, 2006, the City has adopted Land Development Regulations in order to adopt a
proportionate-share program as required by Florida Statutes.
Summary of De Minimis Records Report
Pursuant to Section 163.3180 (6), F.S. Statutes, the City is required to submit a summary of de
minimis records to the Department of Community Affairs (DCA) with the annual CIE update.
The summary should include the definition and approval process of developments having de
minimis impact; existing conditions and deficient road links; de minimis trip activity on all
applicable road links; and planned improvements included in the City’s CIE that resolve any
existing deficiencies.
Summary of the De Minimis Impact Records: Florida Statute section 163.3180(6) requires a
report to be included with the City’s annual updated CIE element when the city opts to adopt a
de minimis exception to traffic concurrency. The City of Palm Beach Garden’s code allows
specific projects to be exempt from traffic concurrency under certain conditions. The code,
however, does not permit the exception of concurrency based on de minimis. None of the land
development projects within the City were granted a traffic concurrency approval through an
exemption based on a de minimis determination. No summary of de minimis records is required
because no de minimis based approvals were granted.
Adoption of Projects by Reference
Pursuant to Section 163.3177 (3)(a) F.S., Section 163.3180(13)(d)l F.S., and Section 163.3177
(6)(c), F.S. Statutes, the City is required to adopt specific FDOTNPO, School District and
Water Management District (WMD) projects by reference if the City is relying on these projects
to ensure concurrency. The City shall adopt WMD projects within 18 months of the update to the
South Florida Water Management District Regional Water Supply Plan, which is an issue
included in the EAR-based amendments. However, staff must also include by reference the
adopted Palm Beach County School Board 5-Year Facilities Plan and have attached the
concurrency service area report of the County’s 5-Year Facility Plan for schools serving Palm
Beach Gardens. Staff will include by reference any FDOTMPO projects specific to meeting City
concurrency, however, staff is not aware of any FDOTMPO project specifically addressing City
roadways.
0
CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN
The proposed CIE amendment is consistent with the Goals, Objectives and Policies
contained within the City’s Comprehensive Plan. These changes described below provide
for internal consistency between the amended CIE and the City’s Comprehensive Plan.
Transportation Element:
GOAL 2.1.1.: TO MAINTAIN SPECIFIC LEVEL OF SERVICE STANDARDS ON THE
ROADWAYS.
Staff Comment: Table 9A of the CIE proposed amendment describes several roadway links to be
constructed within the next 5 years to maintain the City s LOS as growth occurs.
Recreation and Open Space Element: 0
Objective 7.1.1.: The City shall provide active and passive recreation facilities and areas for
residents of Palm Beach Gardens in a timely manner so as to comply with the LOS standards set
forth by this element and to maintain such compliance in subsequent years.
Staff comment: The proposed amendment fulJills the objective to provide Recreation and Open
Space by defining the year of the construction of certain infrastructure.
Future Land Use Element:
Objective 1.1.6.: The City’s economic base shall be expanded by promoting commercial and
industrial activities as planned and illustrated on the Future Land Use Map, and by ensuring
adequate sites and timely provision of public utilities and services to stimulate such growth.
Staff comment: The proposed amendment fulJills the objective to provide utilities and services by
defining the year of the construction of certain infrastructure.
Public Safetv Element:
Objective 10.1.2.1 The City shall provide an initial emergency fire and rescue response to all of
the urban service area in an average time of 5.0 minutes or less. This standard shall be met in
90% of all calls and shall be measured on a district basis. The rural service area shall have an
average 8.0 minute response time.
Objective 10.1.2.2 The City shall maintain an acceptable service standard index not to exceed
1,150 calls per officer per year to serve the urban area. Community policing philosophy shall be
utilized in the urban area and rural crime control strategies shall be utilized in the rural area.
Staff comment: The proposed amendment fulJlls the objective to provide emergency fire, rescue
and police response by defining the year of the construction of certain infrastructure that
facilitates those objectives.
CONSISTENCY WITH PALM BEACH COUNTY COMPREHENSIVE PLAN
The proposed CIE amendment is consistent with certain Goals and Objectives within the
Palm Beach County Comprehensive Plan as demonstrated by the following listed examples
from that Plan:
Transportation Element Goal 1. A Level of Service
It is the GOAL of Palm Beach County to provide an interconnected multimodal transportation
system which moves people, goods, and services in a safe, efficient, convenient and economical
manner with minimal adverse impact to the environment.
Staff Comment: The proposed CIE amendment is consistent with Palm Beach County’s goal.
The CIE defines the year of the construction of certain roadway segments which allow the City
and County to meet LOS while having the development community pay its pro-rata share.
Capital Improvement Element Goal 1. Uses of the Capital Improvement Program
It is the GOAL of Palm Beach County to utilize a capital improvements program to coordinate
the timing and to prioritize the delivery of public facilities and other capital projects; a program
that supports the growth management Goal, Objectives and Policies of the Palm Beach County
Comprehensive Plan and encourages efficient utilization of its public facilities and financial
resources.
Staff Comment: The proposed CIE amendment will allow the City to coordinate with the County
on the timing of facility, inpastructure and service improvements.
CONSISTENCY WITH THE STRATEGIC REGIONAL POLICY PLAN
The proposed CIE amendment is consistent with the overall Treasure Coast Regional
Planning Council’s Strategic Regional Policy Plan as demonstrated by the following listed
goals:
Regional Goal 7.3 - Reduce vulnerability to disasters and increased public safety.
Staff Comment: The proposed CIE amendment includes the scheduled construction of a City
thoroughfare roadway which will allow for an additional arterial to the State designated
evacuation roadways. The proposed CIE also has identiJied a schedule for certain public safety
improvements to improve the Police and Fire Departments.
Regional Goal 5.1 - Lives and Property which are less susceptible to disasters.
Staff Comment: The proposed CIE amendment includes scheduled improvements to the City’s
drainage system to reduce the number of high water andflooding incidents.
CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN (CHAPTER 187,
Florida Statutes)
The proposed land-use amendment is consistent with the overall intent of the State
Comprehensive Plan. The
consistency:
Public Facilities - Florida
following State Goals and Policies are specific examples of
shall protect the substantial investments in public facilities
that
that
already exist and shall plan for and finance new facilities to serve residents in a timely, orderly,
and efficient manner.
Staff Comment: The CIE amendment is consistent with the State’s public facilities goal because
the City has developed and will implement a schedule ofpublic facility and infrastructure needs
which includes the anticipated financing sources.
Transportation - Florida shall direct fhre transportation improvements to aid in the
management of growth and shall have a State transportation system that integrates highway, air,
mass transit, and other transportation modes.
Staff Comment: The proposed CIE amendment has scheduled the construction of local roadways
that allow for alternate routes to major attractors and act as reliever roads to Military Trail and
PGA Boulevard, both of which are State roads; thus reducing the need to expand either
roadway.
NEARBY LOCAL GOVERNMENT COMMENTS/OBJECTIONS:
On September 20, 2008, the Palm Beach County Intergovernmental Plan Amendment Review
Committee (IPARC) was notified of the proposed amendment as a courtesy to our neighboring
communities.
CIT BEACH GARDENS
GENERALFUND
Revenues
SPECIAL REVENUEFUNDS
Revenues
Expenditures
ling
Transfers
Subtotal Expenditures
FUNDS
Revenues
Expenditures
Personnel & Operating
Capital Outlay
FLEET FUND
Revcnues
Expenditures
Personnel & Opera
Transfers
Subtotal' Expenditures
TOTAL REVENUES
TOTAL EXPENDITURES
Balancc Carryforward
Current Year Change
Ending Balance
2009 2010 201 1 2012 2013
1
18 7
5,255,O
5,19
399,000 - * - .-
4,88 1,884 3,074,938 2,132,686 2,674,O 18 2,210,490
- - -
5, 2,467,000 750
2,162,747 2,227,629 2,294,458 2,363,292 2,434,191
102 2,952,305
$81,736,336 $80,956,082 $82,299,599 $85,948,652 $88,782,990
$82,976,116 $82,137,120 $82,592,682 $85,90 1,019 $89,457,183
CITY OF PALM BEACH GARDENS
COMPREHENSIVE PLAN
CAPITAL IMPROVEMENTS ELEMENT
SUPPORT DOCUMENT
I
TABLE OF CONTENTS
Section
List of Tables
I. INTRODUCTION
Purpose
Projected Growth
It. DATA AND ANALYSIS
Level of Service (LOS) Definitions
Location and Timing
Existing Sources of Revenue and Expenditures
Taxes
Intergovernmental Revenues
Charges for Services
0
Fines and Forfeitures
Miscellaneous Revenues
Other Miscellaneous Revenues
Special Assessments
Borrowing
Grants
Data Analysis
fiscal Implications of Existing and Projected Deficiencies
Page
Assessment of Ability to Finance Improvements
TABLE OF CONTENTS (continued)
II I. CAPITAL IMPROVEMENTS IMPLEMENTATION
Transportation
Sanitary Sewer and Potable Water
Solid Waste
Surface Water Management
Recreation
Public Safety
Implementation Programs
IV. MONITORING AND EVALUATION
Table
LIST OF TABLES
Paqe
9-1 Level-of-Service Standards
9-2 Projected Revenues
9-3 Debt Service Data and Ratios
9-4 Five-Year Schedule of Capital Improvements for
which the City has Financial Responsibility
9-5 Recreation Facility Standards
CITY OF PALM BEACH GARDENS
COMPREHENSIVE PLAN
CAPITAL IMPROVEMENTS ELEMENT
SUPPORT DOCUMENT
I. INTRODUCTION
Purpose
Section 163.31 77 (3), Florida Statutes, 1987 Ed., requires all local comprehensive plans
to contain a “....Capital Improvements Element designed to consider the need for and
the location of public facilities in order to encourage the effective utilization of said
facilities”.
The purpose of the Capital Improvements Element is then to implement the provisions
of the City of Palm Beach Gardens Comprehensive Plan by:
1. Using timing and location of capital projects to provide services to support growth
in areas where the City can efficiently and effectively provide services, and to
avoid placement of capital facilities in locations which would promote growth in
areas which cannot be efficiently served.
2. Establishing a system of examining and assigning priorities to the needs of the
City, assuring the most essential improvements are provided first.
Coordinating the timing and location of capital improvements with other local
governments, special districts, and state agencies to maximize the benefit from
public capital improvement expenditures, minimize the disruption of services to the
public, and implement land use and infrastructure decisions.
3.
0
4. Allowing time in advance of actual need to provide for sufficient facility planning,
design, and construction.
5. Coordinating financial planning to maximize the benefit of public funds.
6. Providing cost information on a timely basis for the evaluation and formulation of
alternative financing programs.
7. Providing for a concurrency management program.
Projected Growth
Table 1-1 indicates the permanent population of the City of Palm Beach Gardens is
projected to increase 21% over the period 2000 to 2005. However, a large demand for
public facilities will come from those persons who will travel from surrounding
communities to work or shop in the ever-increasing commercial and mixed-use
developments that are projected to occur during the same time period.
2
II. DATA AND ANALYSIS
Level of Service (LOS) Definitions
Level-of-Service (LOS) standards are indicators of the extent or degree of service
provided by, or proposed to be provided by, a facility based on and related to the
operational characteristics of the facility. LOS standards indicate the capacity per unit
of demand of each public facility. They are, in short, a summary of existing or desired
public facility conditions.
Chapter 163, Florida Statutes, and Rule 9J-5, Florida Administrative Code (FAC), now
require LOS standards to be included for public facilities addressed by local
governments in their comprehensive plans. Specifically, these LOS standards will be
established for the purpose of issuing development orders or permits to ensure that
adequate facility capacity will be maintained and provided for future development.
LOS standards can affect the timing and location of development by encouraging
development in areas where facilities may have excess capacity. On the other hand,
development will not be permitted unless needed facilities and services are provided
concurrent with the impact of the development. However, such provision and
development may occur in phases over time.
The City is divided into two distinct service areas by the Urban Growth Boundary. This
boundary, which is currently located at the Loxahatchee Slough, separates the City into 0 the ”urban” area to the east and the “rural” area to the west. The City has established
dual LOS standards for the distinct urban and rural areas of the City. The urban area is
served by a full complement of public services and facilities where efficient and cost-
effective service delivery can be accomplished. The rural area has limited services.
Land uses in the rural area will receive public services at levels coinciding with the
desired rural characteristic of the area. Some serviceslfacilities, such as recreation
facilities, will not be provided within the rural area at all. Table 9-1 contains LOS
standards for the City of Palm Beach Gardens which will be used to evaluate and
monitor the implementation of this Comprehensive Plan:
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Table 9-1
LEVEL OF SERVICE STANDARDS
TRAFFIC CIRCULA TlON
Facility Type
Neighborhood Collector
City Collector
County Minor Arterial
State Minor Arterial
State Principal Arterial
FlHS Roads
Beeline Highway
Excepted Links per Table 2A
SEWAGE SERVICE
Generation per capita:
Collection:
DRAINAGE
WATER SERVICE
URBAN AREA RURAL AREA
LOS for Peak Period in Peak Season
D
D
D
E
D
D
D
SANITARY SEWER
107 gallons per day
per capita
7.1 3 Ibs per day
Twice per week
3 day, 25 year event
event
POTABLE WATER
I91 gallons per day
per capita
RECREATION AND OPEN SPACE
3.7 acres of improved
neighborhood and
community parks
per 1,000 permanent
residents
SEPTIC TANKS
Pei DEP and Public
Health Department
Regulations
7.13 Ibs per day
Once per week
3 day, 25 year
WATER WELLS
Per DEP and Public
Health Department
Regulations
D
D
D
E
D
C
Park and recreation
facilities will be located
to serve the entire city
population, and in most
cases will be in the urban
area.
4
PUBLIC SAFETY
Fire/EMS e
Police:
5 minute response Require well-based
time to 90% of all
calls, on a district basis
sprinklers for all
structures; fire service with
tanker trucks; 8 minute
average response time.
11 50 service calls per
officer crime control strategies
per year;
Community Policing Philosophy
Zone patrol based on rural
PUBLIC SCHOOLS llOo/o utilization rate or up to 120%, per Policies
11 .I .I .I and 11 .I .I .4 of the PSF Element
Location and Timinq
Location and Timing of Services and Facilities
As well as divide the City into distinct service areas, the Urban Growth Boundary (UGB)
shall be used to guide the timing and location of construction, extension, or increases in
capacity of each public facility. Generally, public services shall not be extended at
urban levels of service within the rural area. A super majority vote of Council is required
to approve the extension of urban services or use of alternative service mechanisms in
the “rural” area. The Loxahatchee Slough provides a physical divide in the City.
Extension of most services and facilities west of the Slough will not be as cost-effective
as in the urban area. The difference in the cost of service delivery should be borne by
the use. While the Slough represents the logical boundary between urban and rural, the
location of the UGB may be evaluated every five years with the Evaluation and
Appraisal Report. Redesignation of the UGB must be supported by data which
demonstrates, at a minimum, the logical extension of services and facilities west of the
Slough, the availability of facility capacities to serve additional land uses, and the
appropriate timing of service extension given the amount and location of developed land
in the existing urban area.
Growth Strategies
The City’s Future Land Use Map and accompanying growth strategies prevented urban
sprawl within the community during the Evaluation and Appraisal Report period (1 990-
2003). However, much of the credit to preventing urban sprawl can be given to the
City’s concurrency management system and market conditions.
The City had used a Planned Development Area (PDA) zoning designation as the
mechanism for the Comprehensive Plan growth strategy. The designation had been
applied to all undeveloped land in the City, which have no active
other than vested status granted by the City or Palm Beach County.
development order
5
The PDA zoning designation created a “holding zone” for these areas until development
is requested. Theses areas can only be developed as a Planned Community District or
Planned Unit Development. This allowed for more innovative and beneficial projects
being approved by the City and subsequently developed.
Environmental lands within the City received additional protection during the evaluation
period as Palm Beach County began the negotiating process to purchase approximately
10,715 acres of environmentally-sensitive lands in the City through the County’s
Environmentally Sensitive Lands Acquisition Program. This land, which is
approximately 31 percent of this City’s acreage, will be set aside for conservation
purposes. This will preserve these environmentally-sensitive lands from future
development pressures.
In addition, the City adopted its Natural Resources and Environmentally Significant
Lands Code in 1993. This code calls for the minimum 25% preservation of upland
native plant communities within a proposed development site. The Code also calls for
the preservation of wetlands, and it allows the mitigation of wetlands only if specific
criteria are met. Since the Code adoption, all developments have been required to
preserve large quantities of environmentally-sensitive lands on the development sites.
The City Codes not only help prevent urban sprawl within the community, they also
preserve the City’s natural resources.
In addition to the PDA concept, the UGB concept is an implementation strategy that
controls growth by specifying the type and level of public services that will be provided
in the rural and the urban areas. Persons and businesses desiring a full complement of
services should locate east of the UGB within the urban area.
Existing Sources of Revenue and Expenditures
The City of Palm Beach Gardens has available to it a number of revenue sources for
operating costs and capital improvements.
Most of these sources are discretionary and may be used by the City for whatever
purpose deemed appropriate, while other sources may be used only for specific
programs. Therefore, except for the designated funds, the City uses a lump sum total
for all discretionary funds for budgeting purposes and does not assign specific
discretionary revenue sources to specific expenditures.
The following section lists revenue sources currently available to the City and indicates
whether their use is discretionary or dedicated.
6
Ad valorem, or property taxes, are based on two types of property: real property (land
and improvements) and tangible personal property (business fixtures, equipment, and
machinery). Ad valorem tax rates are expressed as a millage rate, which is applied to
taxable values to calculate the property tax to be paid. One mil is the equivalent of $1
per $1,000 of assessed value or 0.1 percent. Revenue from the ad valorem taxes may
be used to fund both operating expenditures and capital projects.
The value of property for tax purposes is established by the County Property Appraiser,
an elected and constitutionally established officer. All property is appraised at its just
value according to Sections 192.042 and 193, Florida Statutes, limiting each taxing
entity to a maximum millage of 10 mils, excluding voter-approved debt service.
Current Status: Ad valorem revenues represent the City of Palm Beach Gardens’
largest single revenue source. These funds are discretionary in their use. The City
millage rate, excluding voter-approved debt service, for fiscal year 1997-1 998 is 3.91 47.
The 1997-1998 aggregate assessed value is $3.089 billion, a 5.0% increase over the
previous fiscal year. The increase is due to re-evaluation of existing construction and to ’
new construction.
-
The total City taxes, including noted debt for FY 97/98, are expected to be $12.298
million.
Local Ootion Tax
The State provides for a twelve-cent local option gas tax. State statutes call for the
revenue to be used for transportation expenditures. In Palm Beach County, all twelve
cents of the local option gas tax are currently being used to finance the five-year road
program. The County receives approximately two-thirds of the local option gas tax
revenues; the remaining one-third is shared locally among municipalities based on
interlocal agreements.
Current Status: The twelve-cent local option gas tax generates approximately $48.5
million per year. Palm Beach Gardens receives over $400,000 annually.
Franchise Tax
Franchise taxes are levied on the revenues received within the City by Florida Power
and Light, Southern Bell and Telegraph, Adelphia Cable Television Company, and the
Solid Waste Authority. a
7
Current Status: Franchise taxes generate approximately $2.363 million annually.
Licenses and Permits
These fees are collected by the Planning and Zoning, Building, and Code Enforcement
Divisions for the issuance of building permits, occupational and contractor licenses, and
plan reviews.
Current Status: Approximately $3.52 million per year is generated by these fees. The
use of these funds is discretionary.
Intergovernmental Revenues
State Sources
The City of Palm Beach Gardens receives annual disbursements from the State of
Florida to supplement its annual operating and capital budget revenues. The City
currently receives shares of the State’s cigarette tax, alcoholic beverage tax, half-cent
sales tax, and other miscellaneous State-shared revenues. These revenues contribute
approximately $2.277 million annually to the City.
Current Status:
Cigarette Tax - Cigarettes are currently taxed at 33.9 cents per pack, of which 5.8% of
the net collections is placed in a Revenue Trust Fund for cities. The City of Palm Beach
Gardens received approximately $1.8 million in fiscal 1994.
Alcoholic Beverage Tax - This fund generates approximately $24,000 annually in
revenues for the City.
Half-Cent Sales Tax - The current sales tax in Florida is 6% and is levied upon retail
sales, commercial rental, admission fees to entertainment facilities, and motor vehicles
sales. One-half cent is returned to municipal governments. The City of Palm Beach
Gardens receives $1.5 million annually.
Mobile Home Licenses - This fund generates approximately $1 5,000 annually in
revenues for the City.
County Occupational Licenses - These licenses contribute approximately $65,000
annually for the City.
Other State-Shared Revenues - This category includes all other miscellaneous State-
shared revenue sources such as fuel tax refund, motor vehicle licenses, motor boat
licenses, beverage license tax, and insurance license tax. These revenues total
approximately $500,000 annually for the City.
8
Charqes for Services
User charges are designed to recoup the costs of public facility services by charging
those who directly benefit from them. They are employed in many areas of local
government service to defray the cost of constructing and maintaining public facilities
and are a common source of funds for paying off revenue bonds.
As a tool for affecting the pace and pattern of development, user charges may be
designed according to the quantity and location of the services provided.
Current Status: The City of Palm Beach Gardens collects fees for the use of cultural
and recreation facilities such as swimming pools and tennis courts. These fees
generate approximately $40,000 in revenues annually. In addition, fees are currently
being collected for EMS transport, false alarms, engineering, parkway tree sales,
administrative services, and the use of the City’s golf course, The golf course fees
amount to approximately $1.8 million annually, while the other fees contribute
approximately $1.4 million annually to the City.
Fines and Forfeitures
The City collects $200,000 annually for minor violations of City ordinances and 0
regulations.
Miscellaneous Revenues
Imr>act Fees
Impact fees, as they have been used in Florida, assess to new development a pro rata
share of the cost of providing the additional public facilities required to meet the needs
of the new development. These fees are designed to pay for infrastructure needs, but
not operating costs, which result directly from new development. In order to comply
with legal standards, impact fees must be reasonable (fairly reflect the cost of the
improvements) and equitable.
Current Status:
Road Impact Fee - The City currently collects a Road Impact Fee for Palm Beach
County. These funds are transferred to the County for transportation improvements in
the County’s Zones A through D. Approximately $1 .I million are added annually to this
fund. Currently, the City is considering a city road impact fee for fiscal year 199811 999. 0 No fee generation figures are available.
9
In 1995, the City began to collect impact fees from new development for police and fire
protection. It is estimated that a total of $80,000 will be collected during the I99511996
fiscal year. No projections have been made for these revenues. The City’s Code of
Ordinances was recently amended by Ordinance 39, 1997 to include EMS and park and
recreation facility impact fees and increase police and fire protection impact fees. No
collected dollar amounts are yet available for these revenues. However, according to a
memorandum by James Duncan and Associates, the increase in police and fire fees is
expected to raise annual revenues by 100°/~ to 123%. The commencement of the park
and recreation facility impact fee is anticipated to increase annual revenues by 54%.
Interim Service Fees
Interim service fees are collected from all new development prior to their addition to the
tax roles. The funds are used to finance solid waste disposal services and amount to
more than $30,000 annually in the City.
Interest
The City pools significant amounts of cash and investments so as to maximize earnings
and facilitate management. Cash and investments of certain funds are maintained
separately due to legal and bond requirements. The interest earnings of each fund are
dedicated back to the fund which provided the invested case.
Current Status: The City currently earns approximately $600,000 annually in interest.
Other Miscellaneous Revenues
Current Status: Approximately $1 50,000 in various revenues is anticipated annually for
the City.
Special Assessments
Special assessments are levies approved against certain properties which will directly
benefit from a new service or facility. Revenues from special assessments help defray
the cost of specific improvements on services. These improvements on services are
presumed to be of general benefit to the public and of special benefit to the assessed
properties themselves.
Current Status: The City of Palm Beach Gardens levies no special assessments
currently. However, several special assessment districts under the jurisdiction of the
North Palm Beach County Improvement District (NPBCID) are located within the City
limits. The assessments in these districts would pay for roads, canals, and stormwater
management systems within large developments such as PGA National, Frenchman’s
10
Creek, and the Regional Shopping Center. The MacArthur Foundation has proposed
establishing special assessment districts in the areas that are to be annexed by the City
of Palm Beach Gardens. The NPBCID would collect the assessments and fund the
construction of the roads, canals, stormwater management system, and the proposed
naturelpedestrian trails. Growth would then pay for itself. Some revenues, however,
would be shared with the cities to improve existing arterials.
0
Borrowing
General Obligation Bonds
These bonds are backed by the full faith and credit of the local government and may be
issued only if approved by voter referendum. General obligation bonds are among the
most stable financial instruments and are available to individual and institutional
investors at low interest rates. Revenues collected from ad valorem taxes on property
and other sources of revenue, including sales taxes, are used to service the
government’s debt. Capital improvements financed through general obligation bonds
should benefit the entire community rather than particular areas or groups.
Current Status: The City issued a bond in the amount of $4,400,000 in December 1996
to partially pay for the cost of a new City Hall, police station, an addition to the main fire
station, recreational improvements to Gardens Park, and the acquisition of Westminster
Presbyterian Church. The bonds have an interest rate of 4.95%, and principal 0 payments will be made from December 1, 1997, through December 1, 2016. More
bonds will continue to be issued through September 1997 until a total of $12 million -
$14 million in obligation is reached.
Revenue Bonds
Revenue bonds can be broken down into two categories: nonself-supporting debt and
self-supporting debt. Non-self supporting debt refers to those bond issues which are
supported from specific revenue sources other than property taxes and enterprise
earnings. Self-supporting debt refers to bonds of enterprise operations which generate
sufficient revenues to meet the debt service requirements.
Revenues obtained from the issuance of these bonds are used to finance publicly-
owned facilities. Charges collected from users of these facilities are used to retire the
bond obligation. Interest rates tend to be higher than those of general obligation bonds,
and the issuance of the bonds may be approved by the City Council without voter
referendum.
Current Status: A revenue bond was issued in 1990 for the purchase of the City’s golf
course for approximately $8.1 million. As of September 1996, the City had an
outstanding balance of $7.5 million, with an interest rate which varied from 6.6% to a 7.25%.
Grants
The City of Palm Beach Gardens is eligible to apply for both federal and state grant
funding. Grants are awarded to local governments for community and social service
needs and capital improvements. These grants may be received directly or may be
passed through from an agency to be administered by the City in accordance with
appropriate guidelines.
Current Status: The City received $1 50,000 from the State of Florida for the conversion
to natural gas fuel for City vehicles. In fiscal year 1997/1998, the City will receive
$210,000 from the State for the construction of a fueling station at the public works site.
Data Analvsis
Local Practices for Guiding Public Facility Improvements
The City of Palm Beach Gardens uses the annual budgeting process to identify capital
improvements and staffing requirements. Each of the City’s departments identifies
staffing and capital improvement needs they wish to have funded in the next fiscal year.
The City Manager assembles all funding requests and presents a prioritized list to the
City Council. The Council then holds public hearings, hears public input, and then votes
on the improvements and staffing levels to be adopted as part of the City’s budget
process.
Not included in the process are capital improvements that are funded through long-term
bonds or services and facilities that are provided by private suppliers and other public
agencies. The direct costs of these facilities are paid for by the service user through
impact fees, users fees, or other special assessment.
The City prioritizes requests for capital improvements using two factors: the immediate
need for improvement and the availability of funds. Those improvements, which if not
completed will have significant impact on public health, safety, and welfare, take priority.
Additionally, adopted LOS standards will guide the location and timing of capital
improvements to support efficient development and the goals, objectives, and policies of
the Future Land Use Element. The plans of other agencies, including the South Florida
Water Management District, Palm Beach County Traffic Division, and Seacoast Utility
Authority will also be considered and will assist in guiding the location and timing of
capital projects. Those improvements for which a specific revenue source is available
are given priority over those requiring discretionary funds. The amount of discretionary
funds available and the need for the improvement will determine which of the remaining
improvements will be funded.
12
Fiscal Implication of Existiw and Projected Deficiencies
Existina and Proiect Deficiencies
As discussed in other elements of this Comprehensive Plan, the City of Palm Beach
Gardens has no existing deficiencies. However, there are projected needs in parks and
recreation facilities and police and fire/EMS services. It is expected that impact fees
and developer contributions will meet most of these needs; however, a bond issue may
be necessary for a new fire station.
Police, fire/EMS, and parkslrecreation impact fees will ensure that growth will pay its pro
rata share of facility improvements. The impact fees will also ensure that no negative
fiscal impacts will be incurred by the City. The recreation needs, costs, and revenues
and police and fire needs, costs and revenues are discussed in more detail in the
Capital Improvements Implementation section of this Element.
Public Education and Health Facilities
The City Council adopted an interlocal agreement between the municipalities of Palm
Beach County, Palm Beach County, and the School District of Palm Beach County on
December 21, 2000. This interlocal agreement established a county-wide public school
concurrency requirement to limit public schools from overcrowding. This agreement
included requirements for intergovernmental coordination, planning for new school
facilities, schools opening concurrently with residential developments, and the ability of
the School District of Palm Beach County to review all development order requests for
consistency with the district’s Five-Year Capital Facilities Plan.
As required by the interlocal agreement, on December 6, 2001, the City Council
adopted a Public Schools Facilities Element in the Comprehensive Plan. The purpose of
this element is to ensure that adequate public school facilities exist for student growth.
This element is implemented by utilizing the adopted Level of Service Standards (LOS)
for school capacity. The element also takes into account demographic changes,
population growth, and development trends.
The School Board of Palm Beach County has three elementary schools, two middle
schools, and two high schools within the City of Palm Beach Gardens. Palm Beach
Gardens Elementary on Riverside Drive generally serves the northwestern portion of
the City. Allamanda Elementary on Allamanda Drive provides educational services east
of the FEC railroad tracks. Timber Trace Elementary generally serves the City’s
developing areas north of PGA Boulevard. Other portions of the City are served by
schools within the boundaries of North Palm Beach. Howell Watkins Middle School on
MacArthur Boulevard, Watson B. Duncan Middle School off Central Boulevard, Palm
Beach Gardens High School on Holly Drive, and Dwyer High School on North Military
13
Trail serve students citywide. The School Board establishes school attendance
boundaries to achieve racial balance objectives. As a result, proximity to a school is not
an indicator of attendance assignment to the school.
A branch campus of Palm Beach Community College, located on PGA Boulevard east
of AIA, provides continuing education services to the northern portion of Palm Beach
County. On February 19, 1999, the City Council approved plans that expanded this
facility. The expansion included a 12,000 square-foot edu-care facility and a 32,000
square-foot media technology center.
Florida Atlantic University has recently opened the Macarthur campus at the Abacoa
Town Center in Jupiter. This full service campus is utilized by residents of the City and
surrounding areas.
Palm Beach Gardens Medical Center on Burns Road is the primary health care facility
within the City. This facility provides health and emergency care services to the
residents of the City and the surrounding areas. A multi-phase expansion project began
on May 12, 1997, and was completed on December 5,1997. This expansion included a
cauterization laboratory and an expansion of the intensive care unit.
Assessment of Ability to Finance Improvements
0 General Budset
Although the City of Palm Beach Gardens has few projected facility deficiencies for
which it is responsible, revenue and expenditure projections are important for the
planning of improvements and programs it wishes to undertake. The most important
source of revenue is the ad valorem tax. Although the City’s millage rate has decreased
slightly since 1987, the assessed valuation has continued to increase. The major
factors which have influenced the increase in assessed property values are the
revaluation of existing construction, land adjusted to current market values, the addition
of developed properties in annexation areas, and new construction which is added
annually to the tax rolls.
Of Florida cities with greater than 25, 000 residents, Palm Beach Gardens is the fastest
growing municipality (by percentage) in the State. According to the University of Florida
Bureau of Economic and Business Research (BEBR), the City’s population grew
38.95% from1 990-1 996. This statistic is supported by the City’s records of single-family
building permits issued between 1990 and 1995. Based on a high of 1,517 and a low of
505 permits issued, the average was 761 permits per year. The City is witnessing the
addition of 800 single-family residences valued at $250,000 to over $1 million, 400
multi-family units, and over 600,000 square feet of commercial space per year. Total
projected revenues from all sources are shown in Table 9-2.
14
Net General Obligation Debt to Taxable Property Values
The first ratio presented in Table 9-3 is the ratio of net general obligation debt to taxable
property values. This ratio indicates the proportion of general obligation debt, net of any
debt service reserves, to the taxable values that can be assessed to support that debt.
Ratios in the range of 3% to 5% are considered acceptable. Palm Beach Gardens
currently has a ratio of 0.01 %. This ratio is projected to increase to 0.31 YO in fiscal year
199611997, and then increase once again in 1998 with the expected issuance of bonds
to finance construction of a fire station, public works facility, and the purchase of a
district park.
Net General Obliaation Debt Per Capita
This ratio indicates the net amount of general obligation debt per person in the City. Per
capita debt ratios of $300 to $500 are considered acceptable. The City’s current ratio in
fiscal year 199511 996 was $7.1 8. It is projected to increase significantly in future years
(to $495.34 by fiscal year 199811 999).
Ill. CAPITAL IMPROVEMENTS IMPLEMENTATION
This section addresses public facility deficiencies for which the City has financial
responsibility in accordance with Rules 9J-5.005 (1) (c) and 9J-5.016 (4), Florida
Administrative Code. As discussed in the other elements of this Comprehensive Plan,
there are only limited facilities for which the City has financial responsibility. These
include all local roads and two collectors, a limited drainage network, police, fire/EMS,
and recreational facilities. Major transportation links and potable water, sanitary sewer,
solid waste, and drainage systems are under the jurisdiction of other public agencies.
Thus, while some of these systems have existing and projected deficiencies, they are
the financial responsibility of other agencies. As a result, these system deficiencies will
not be addressed in this section.
TransDortation
All arterial roads within the City belong to either the County or the State. The City is
responsible for only the local streets and two collectors. Only one of these City facilities
has either an existing deficiency or a deficiency projected within the next five years. As
is discussed further in the Transportation Element, Burns Road cannot be expanded to
its planned cross-section until 1-95 is widened and the Burns Road underpass is of a
width appropriate for a four-lane collector. This 1-95 improvement will not occur within
15
the next five years; therefore, Burns Road is a temporarily constrained facility. The only
expenditure necessary for the City-owned street system is ongoing maintenance. The
maintenance costs are covered under the operations portion of the City budget and do
not meet the cost threshold ($50,000) established by this Comprehensive Plan to be
classified as capital improvements.
The City’s traffic standards, concurrency management system, and the Countywide
Traffic Performance Standards require deficiencies and needs to be met prior to
additional impact. Should project-generated roadway needs occur in the future, the City
shall require as a condition of approval, all improvements to be programmed for
completion or be carried out by the specific development(s).
Sanitary Sewer and Potable Water
The potable water and sanitary sewer systems within the City are owned by the
Seacoast Utility Authority (Utility Authority). The Utility Authority was previously under
private ownership but was purchased by a consortium of cities, including Palm Beach
Gardens and the County. However, the Utility Authority is a separate entity with its own
revenues, expenditures, and staff.
Therefore, the City of Palm Beach Gardens has no fiscal responsibility concerning the
operation, maintenance, or expansion of the potable water or sewer systems.
Solid Waste
Through the use of an independent contractor, the City of Palm Beach Gardens
provides residential solid waste pick up. However, under statutory agreement, all solid
waste generated in the City must be taken to facilities owned and operated by the Solid
Waste Authority of Palm Beach County (SWA). Thus, the City has no financial
responsibilities for any sold waste disposal facilities.
Surface Water Management
The City owns portions of a small drainage system located in the oldest portions of the
City. No existing deficiencies have been identified, as the existing development meets
the established LOS standards. While the areas served by the facilities are almost built
out, any redevelopment or new development will conform to the LOS standards
established for new development. Therefore, no deficiencies are projected. Sub-basin
drainage studies and post-October 1995 flood system assessments may identify
improvements needed to maintain level of service. A few of these improvements may
be needed in the City’s limited portion of the surface water management system. At this
time, the only expenditures necessary for the system are ongoing maintenance.
16
The maintenance costs are covered under the operations portion of the City budget and
do not meet the cost threshold ($50,000) established by this Comprehensive Plan to be
classified as capital improvements.
The remainder of the drainage system in the City is under the jurisdiction of the
Northern Palm Beach County Improvement District (NPBCID) which is responsible for
the system operation, maintenance, and expansion. Existing development conforms to
the established LOS standards; therefore, no deficiencies have been identified. All
future development areas of the City are expected to be serviced by NPBCID systems.
These systems shall meet the LOS standards for new development.
Recreation
The City of Palm Beach Gardens is entirely responsible for providing recreation facilities
to residents of the City. The County provides some regional facilities in areas near the
City; however, the recreation LOS standard established by this plan includes only City-
owned neighborhood and community facilities. Therefore, the City is solely responsible
for insuring the LOS standard is met.
Table 7-5 in the Recreation and Open Space Element Support Document of this
Comprehensive Plan indicates the City will have needs for additional improved park
land during the next five years. As discussed in that element, this deficit is to be made
up through new development dedications and fees collected through the recently-
enacted recreation impact fee. The recreation impact fee is to be designed such that all
new development will contribute land and/or funds at a level necessary to maintain the
adopted LOS of 3.7 acres of park land improved with recreation facilities per 1,000
permanent residents.
Table 9-4 indicates the amount of acreage and expenditures needed to address the
projected parks and recreation deficit. As the table shows, there are some land needs
beginning in the year 2000. This deficiency may be eliminated through the
improvement of an 8-acre parcel on Howell Lane that was dedicated to the City for
recreation purposes, yet remains vacant. The City also has a 9-acre parcel which it just
purchased on Lilac Street which is being planned for recreation facilities. Improvement
of this site will eliminate the projected deficiency in 2001, and reduce the need in 2002.
The acreage needs are calculated by multiplying the projected population for each year
by the adopted LOS and then subtracting the inventory from the previous year. The
population projections are for the permanent population as shown in Table 1-2 of the
Future Land Use Element. The precise location of the proposed park improvements
cannot be shown at this time since the park sites will be acquired and developed as the
vacant land is developed. Almost all of the park improvements shown in Table 9-4 are
expected to be located east of the Florida’s Turnpike with a majority located east of 1-95.
All of the recreational improvements, as shown in Table 9-4, are consistent with other
elements of the Comprehensive Plan.
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The cost per acre presented in Table 9-4 is calculated by adding the projected land
costs plus improvement costs. For the purposes of this calculation, land is estimated to 0 average $60,000 per acre and improvements at $95,000 per acre for a total of $155,000
per acre improved recreation facilities. The land costs used herein are based on the
average value of an acre of land within the City.
The facility improvements costs are based on the estimated development costs of an
acre of park land according to calculations derived for the parks and recreation impact
fee. Depending on the amount of land and number of facilities obtained and improved
at any one time, economies of scale are expected that may either reduce or exceed
these projected costs.
Larger-sized parks are more in keeping with the City’s current desire to develop more
large-scale, full-service community centers. The City is currently working on a parks
and recreation master plan which will identify future park sites and desired facilities.
The loss of the municipal complex park and recreational facilities contributes to the
ongoing capital need. Table 9-5 identifies the ideal level of improvements that the City
would like to offer to its residents. These are objectives which are used for facility
planning and annual budgeting purposes. The City would like to be in a situation where
it can adopt these objectives as formal LOS standards in the Comprehensive Plan.
Until the facilities that are eliminated due to the municipal complex are replaced, the
City is not prepared to formally adopt these objectives. 0
Public Safety
The Future Conditions section of the Public Safety Element identifies fire stations, police
facilities, and equipment that will be required as capital projects to maintain the adopted
levels of service as Palm Beach Gardens develops (Tables 10-4 and 10-8). These LOS
standards will not be a requirement of the concurrency management program.
Approximately 23% of the City is currently vacant or undeveloped. The development of
these areas, with the inclusion of parcels through annexation, will necessitate additional
public safety services and facilities. The City shall undertake measures to ensure that
adequate land and equipment is available for police, fire, and emergency assistance
facilities to serve its current and future residents. The Police and Fire Departments are
funded primarily through ad valorem taxes. The use of impact fees is the preferred
method to ensure that new development offsets the need for public services created by
such development.
Additional capital expenditures will be necessary to maintain the adopted levels of
service (Table 9-4). These have been projected based upon the adopted urban LOS
standards of 1 ,I 50 service calls/responding officer and a five-minute response time to
90% of all calls, per district. Police and fire capital costs have most recently been
estimated for Palm Beach Gardens in a “Fire/EMS, Police and Park Impact Fee Study”
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prepared by James Duncan and Associates, May 1997. These costs are expected to
be met by fees collected through police and firelEMS impact fees. The new station
needed to serve District 3 is expected to be funded via a bond issue. Should the bond
issue fail, the City will need to fund this capital project with general revenues which will
most likely necessitate a tax increase.
Implementation Prorrrams
The most obvious tool to implement the Capital Improvement Element is the capital
improvements program which the City will update on a regular basis. Additionally, in
accordance with the goals, objectives, and policies of the elements of this
Comprehensive Plan, the City will maintain or adopt new land development regulations
and procedures to ensure the levels of service standards adopted by this Plan are met
or exceeded. These regulations and procedures will require that all public facilities
necessary to service new development at the adopted LOS standards are available
prior to or concurrent with the impacts of the new development. Furthermore, the
regulations will be designed to simplify and streamline the existing regulatory programs.
The regulations and procedures to be maintained or newly adopted include, but are not
limited to:
0 traffic (City road impact fees yet to be adopted) and recreation impact fee
ordinances;
revised development application procedures which require an assessment of the
ability of existing facilities to accommodate proposed development;
0 regulations which permit the phasing of development in concert with the provision
of necessary public facilities;
0 the preparation of a capital improvements budget as part of the City's annual
budget to ensure all facility deficiencies are identified and addressed;
0 an annual monitoring and evaluation process to update the capital improvements
element and any deficiencies addressed therein;
the prioritizing of capital expenditures to ensure facility deficiencies take priority
over non-health and safety capital projects;
0 an assessment of the City's fiscal capabilities to schedule and implement capital
improvement projects; and
0 an annual review of the Comprehensive Plan for significant changes in growth
projections and/or facility requirements.
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These regulations and procedures are identified in more detail in the goals, objectives,
and policies section of each element of this Plan, plus other sections of the text of this
Element. In all cases, the City will not approve development which would cause the
public facilities addressed by this Comprehensive Plan to operate below their adopted
LOS standards.
IV. MONITORING AND EVALUATION
Chapter 163, Florida Statutes, requires the Capital Improvement Element to be
continuously monitored and evaluated.
Therefore, this Element will be reviewed on an annual basis to ensure that required
fiscal resources will be available to provide the public facilities needed to support the
adopted LOS standards.
The annual review will be the responsibility of the City Manager, the City Finance
Director, the Local Planning Agency, with assistance by the Growth Management
Department. This group’s findings and recommendations will be presented to the
Mayor and City Council at a public meeting. The City Council will then direct staff to
take appropriate actions based upon the review committee’s findings and
recommendations.
The City, in conducting its annual review of the Capital Improvements Element, will 0 consider the following factors and will amend the Element accordingly:
1. Any corrections, updates, and modifications concerning costs; revenue sources;
acceptance of facilities pursuant to dedications which are consistent with the
Element; or the date of construction of any facility enumerated in the Element.
2. The Capital Improvement Element’s consistency with other elements of the
Comprehensive Plan and its support of the Future Land Use Map.
3. The priority assignment of existing public facility deficiencies.
4. The City’s progress in meeting those needs determined to be existing deficiencies.
5. The criteria used to evaluate capital improvement projects in order to ensure that
projects are being ranked in their appropriate order of priority.
6. The City’s effectiveness in maintaining the adopted LOS standards.
7 The City’s effectiveness in reviewing the impacts of plans and programs of State
agencies and water management districts that provide public facilities within the
City’s jurisdiction.
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The effectiveness of impact fees for assessing new development a pro rata share
of the improvement costs which they generate.
The impacts of special districts and any regional facility (DRI) and service
provision upon the City's ability to maintain its adopted LOS standards.
Efforts made to secure grants of private funds, whenever available, to finance the
provision of capital improvements.
The transfer of any unexpected account balance.
The criteria used to evaluate proposed plan amendments and requests for new
development of redevelopment.
Capital improvements needed for the latter part of the planning period for inclusion
in the five-year Schedule of Improvements.
In an effort to make the annual Comprehensive Plan review efficient and effective, the
Council will require it to be completed prior to the beginning of the annual budgeting
process.
All departments within the City will be directed to provide up-to-date information and to
make staff available to assist in the review. Formal recommendations for 0 Comprehensive Plan amendments will be made in conjunction with the submittal of the
annual budget.
G:bttorney-share\Cornplan\CIE SUPPORT DOCUMENT.doc
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Date Prepared: June 9,2005
RESOLUTION 94,2005
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A RESOLUTION OF THE CITY COUNCIL OF THE GIN OF PALM
BEACH GARDENS, FLORIDA APPROVING AMENDMENTS TO
RESOLUTION 207, 2002, THE DEVELOPMENT ORDER FOR
COMMUNITY DISTRICT (PCD) LOCATED ON THE WEST SIDE OF
THE RONALD REAGAN TURNPIKE, SOUTH OF NORTHLAKE
BOULEVARD, AND NORTH OF THE BEELINE HIGHWAY, AS
MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR
AN AMENDED CONDITION OF APPROVAL; AND PROVIDING AN
EFFECTIVE DATE.
“PARCEL A - SINGLE-FAMILY” WITHIN THE GABLES PLANNED
WHEREAS, on July 18, 2002, the City Council adopted Ordinance 3, 2002,
which approved the rezoning from Planned Development Area (PDA) to a Planned
Community District (PCD) Overlay with an underlying zoning of Residential Low (RL-3),
known as the Gables Planned Community District; and
WHEREAS, on November 21, 2002, the City Council approved 450 multi-family
units in Resolution 206, 2002 and 200 single-family units in Resolution 207,2002; and
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WHEREAS, the City has received an application (MISC-05-05) from Mr. Marty
Minor, agent for Northlake Boulevard, LLC and Gables Construction, Inc. and MI1
Homes, for approval of a request for an extension of the requirement for the completion
of the single-family recreation facility prior to the issuance of the 60’ Certificate of
Occupancy (30%) to the issuance of the 97* Certificate of Occupancy (50%) for the
single-family homes within “Parcel A - Single-Family” of the Gables PCD, which is
located on the west side of the Ronald Reagan Turnpike, south of Northlake Boulevard,
and north of Beeline Highway, as more particularly described herein; and
WHEREAS, the site is currently zoned Planned Community District (PCD)
Overlay with underlying zoning of Residential Low 3 (RL-3), and has a future land-use
designation of Residential Low (RL); and
WHEREAS, the Growth Management Department has reviewed said application
and has determined that it is sufficient; and
WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
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Oate Prepared: June 9,2005
Resolution 94,2005
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The amended condition of approval for Parcel A - Single-Family
within the Gables Planned Community District (PCD) is APPROVED on the following
described real property, subject to the conditions of approval contained herein, which are
in addition to the general requirements otherwise provided by ordinance:
LEGAL DESCRIPTION:
GABLES AT NORTHLAKE, ACCORDING TO THE REPLAT NO. 1 THEREOF,
RECORDED IN PLAT BOOK 96 PAGE 194 THROUGH PAGE 199 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID LANDS SITUATE AND
LYING, IN THE CITY OF PLAM BEACH GARDENS, PALM BEACH COUNTY,
FLORIDA.
SECTION 3. Said Site Plan is approved subject to the following conditions,
which shall be the responsibility of the applicant, its successors, or assigns.
Landscaping and Maintenance
1. The single-family main recreation area shall be completed prior to the
issuance of the 97 60' Certificate of Occupancy for a single-family unit.
(Planning & Zoning)
2. Prior to the issuance of the first single-family or multi-family Certificate of
Occupancy, the main entry signage and landscaping shall be installed.
(Planning & Zoning)
3. The applicant shall maintain a six (6) foot clearance zone between buildings
while determining the placement of mechanical equipment and accessory
structures. (Planning & Zoning)
Transportation I Traffic Concurrency
4. Pursuant to the terms of Ordinance 10. 2003, Tlhe project build-out date is
December 31,20082. (City Engineer)
5. Prior to the issuance of the first building permit, excluding permits for
clearing of exotic vegetation, the applicant shall submit a Master Sign and
Pavement Construction Plan for review and approval by the City. (Planning
& Zoning)
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Date Prepared: June 9,2005
Resolution 94,2005
Prior to the issuance of the first building permit, the applicant shall submit to
the City for review and approval a Pavement Marking and Signage Plan
which identifies the location of all proposed signage and markings, such as
stop signslbars, pedestrian crosswalks and signage, directional signage,
etc. A registered engineer licensed in the State of Florida shall certify the
Pavement Marking and Signage Plan. (City Engineer)
Prior to the issuance of the final Certificate of Occupancy, the applicant,
successors, or assigns shall conduct signal warrant studies of the Hiatt
Drive and Northlake Boulevard intersection beginning at the issuance of the
50th Certificate of Occupancy and every six (6) months thereafter until the
issuance of the final Certificate of Occupancy. Should the warrant indicate
a need for a signal, the applicant, successor, or assigns shall be required to
provide a pro-rata share of installation costs as determined by the City
Engineer. (City Council)
Miscellaneous
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Prior to the issuance of the first Certificate of Occupancy of a residential
unit, the applicant shall submit the Property Owners Association and
Homeowners Association documents for review and approval by the City
Attorney. (City Attorney)
Within ninety (90) days from the issuance of the first Certificate of
Occupancy of a dry model, the sales center located off of Northlake
Boulevard shall be removed and the area restored to the approved Planned
Community District (PCD) Buffer Plan. (Planning & Zoning)
The applicant, successors, or assigns shall require all homeowners to
maintain a minimum six (6) foot clear zone, within at least one side-yard
setback for each home, which shall be maintained free from air conditioning
equipment, fencing, and landscaping obstructions between all structures.
This restriction shall be incorporated within the Gables Master Declaration
of Covenants, Conditions, and Restrictions and recorded in the public
records as a restriction against the property. Building permits for individual
homes shall show all landscaping, fencing, and mechanical equipment, and
shall show the six (6) foot clear zone. (Planning 81 Zoning)
, Until such time as the issuance of the certificate of completion for the first
dry model, the applicant, successors, or assigns shall use the sales center
off of Northlake Boulevard for customer parking, and shall use a sales
representative to escort prospective home buyers to the models on site. No
access by the general public shall be allowed to a model unit until the
certificate of completion is issued. (Planning & Zoning, Code Enforcement)
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Date Prepared: June 9,2005
Resolution 94,2005
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12. The applicant shall restrict rear screen enclosures to only allow bronze-
colored structures. (Planning & Zoning)
1-3, The applicant shall construct the developrvrent irr accordance with Crime
Prevention Through Environmental Design (CPTED) principles, which
consist of the following:
a. The applicant shall provide metal halide lighting within the entire amenity
(recreation) areas and along the spine road. The applicant shall provide
high-pressure sodium lighting within the single-family community not
fronting on the spine roadway around the central lake feature.
b. Landscaping, including long-term tree growth, shall not conflict with
lighting .
c. A timer clock or photocell sensor engaged lighting shall be installed
above or near entryways to residences and all sidewalks.
. d. Street and pedestrian walkways shall use lighting that is no greater than
14 feet in height.
e. Numerical addresses shall be illuminated for nighttime visibility, shall
have bi-directional visibility from the roadway, and shall be a minimum of
six inches in height.
f. The applicant shall provide all necessary construction zone signage and
fencing as required by the City Engineer. (Police)
14. Prior to the issuance of any building permit, the applicant shall:
a. Provide a street address system depicting street names and residential
numericals for emergency response purposes. Address system
depiction shall be in 8.5 X 11" map format. (Police)
b. Install and have operational, temporary roadways and fire hydrants
approved by the City Engineer and Fire Department for all of the dry
models, (City Engineer, Fire Rescue).
c. Provide canopy trees at the rear of the lots along Jog Road extension
and Northlake Boulevard in lieu of a cluster of palms. (Planning &
Zoning)
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Date Prepared: June 9,2005
Resolution 94,2005
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15. The applicant shall post surety prior to the issuance of a building permit for
the model homes for lots 15, 16, and 17 (&foot models); lots 47 and 48
(60-foot models); lots 47 and 48 (townhouse model lots); and the sales
trailer on lot 5 for the purposes of demolition and lien protection to remain in
effect until the plat is recorded. The amount of the letter of credit shall equal
a total of one-third (113) of the hard costs of construction of all of the
proposed models. (City Engineer)
16. Prior to December 31 of every year following said project's approval, the
applicant, successors, or assigns shall submit to the Growth Management
Department, Planning and Zoning Division, an annual report of the status of
the project, including, but not limited to, the number of permits issued, the
number of certificates of occupancy issued, and the compliance or status of
any conditions of approval placed on the project by this approval and any
future approval until the project is completed. (Planning & Zoning)
17. All single-family homes shall comply with the design guidelines, which are
attached hereto as Exhibit "6." (Planning & Zoning)
SECTION 4. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following waivers:
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Section 78-141, Residential Zoning District Regulations, Lot Coverage, to
allow 50% lot coverage. The Land Development Regulations allow a
maximum of 35% lot coverage.
Section 78-141, Residential Zoning District Regulations, Lot Width, to allow
30-foot lot widths. The Land Development Regulations require a minimum
of 65 feet in width.
Section 78-141, Residential Zoning District Regulations, Lot Area, to allow a
minimum 3,090-square-foot lot area. The Land Development Regulations
require a minimum of 6,500 square feet in area.
Section 78-141, Residential Zoning District Regulations, Front Setback, to
allow for a minimum 12-foot front setback. The Land Development
Regulations require a minimum 25-foot front setback.
Section 78-1 41, Residential Zoning District Regulations, Side Setback, to
allow for a minimum 0-foot side setback. The Land Development
Regulations require a minimum of 7.5 feet or 10% of the lot width,
whichever is greater, for the side setback.
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Date Prepared: June 9,2005
Resolution 94,2005
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Section 78-141, Residential Zoning District Regulations, Side Street
Setback, to allow for a minimum 10-foot side setback. The Land
Development Regulations require a minimum of 20 feet for the side street
setback.
Section 78-1 41, Residential Zoning District Regulations, Rear Setback, to
allow for a 5-fOOt rear setback. The Land Development Regulations require
a minimum 10-foot rear setback.
Section 78-285, Signs for Residential Development, to allow two (2) sign
faces on the entrance signage. The Land Development Regulations allow a
maximum of one (1) sign face per development.
Section 78-498, Minimum Rights-of-way and Pavement Widths, to allow for
a 20-foot minimum right-of-way pavement width. The Land Development
Regulations require a minimum 40-foot right-of-way width.
10. Section 78-341, Intent (off-street parking), to allow for on-street parking.
The Land Development Regulations do not provide for on-street parking.
11. Section 78-441 (c), Plat Approval Prior to Dry Model Permits, to allow for the
issuance of building permits for model homes prior to platting. The Land
Development Regulations require that no building permits be issued prior to
recordation of a plat with Palm Beach County.
12. Section 78-506, to allow for sidewalks on one side of the street. The Land
Development Regulations require sidewalks on both sides of the street.
SECTION 5. Said Site Plan within a Planned Community District (PCD) shall be
constructed in compliance with the following plans on file with the City’s Growth
Management Department:
October 4, 2002, Site Data and Site Plan by Shah Drotos & Associates,
sheets SP-1 through SP-7.
October 4, 2002, Paving, Grading and Drainage Details by Shah Drotos &
Associates, sheets SP-8 through SP-9.
October 4, 2002, Preliminary Engineering Plan by Shah Drotos &
Associates, sheets CE-1 through CE-5.
September 3, 2002, Landscape Plan by Murakami Landscape Architects,
Inc. and Urban Design Studio, sheets L-1 through L-7.
July 2, 2002, Main Entrance Plan by Murakami Landscape Architects, Inc.,
sheet L-8.
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Date Prepared: June 9,2005
Resolution 94,2005
6. October 3, 2002, Photometric Plan by KTD Consulting Engineers, sheet ES-
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Z.-- June 1-4, 2002, Typical Lot Landscape Plans by Cotleur -Hearing, Inc.,
sheets 1 through 5.
8. June 24, 2002, Recreational Facility Site Plan by Cotleur Hearing, Inc., one
sheet.
9. June 14, 2002, Recreation Area and Open Space Landscape Plans by
Cotleur Hearing, Inc., two sheets.
10. July 3, 2002, Temporary Sales Trailer Plan by Cotleur Hearing, Inc., one
sheet.
11. July 5, 2002, Temporary Sales Trailer Elevations by Steven J. Bruh,
Architect, sheet 1 of 1.
12. June 10,2002, Plot Plan for 45' Lot Homes by MI1 Homes, two sheets.
13. June 10, 2002, Floor Plans and Elevations for 45' Lot Home Type "D" by M/I
Homes, sheets 0-1 through D-4 (0-2 & 0-4 dated December 20,2001).
14. June 10,2002, Floor Plans and Elevations for 45' Lot Home Type "E" by MI1
Homes, sheet E-1 .
15. June 11,2002, Floor Plans and Elevations for 45' Lot Home Type "E" by M/I
Homes, sheet E-2.
16. December 20, 2001, Floor Plans and Elevations for 45' Lot Home Type "E"
by M/I Homes, sheet E-3.
17. June 11 , 2002, Floor Plans and Elevations for 45' Lot Home Type "F" by MA
Homes, sheet F-1 .
18. December 20, 2001, Floor Plans and Elevations for 45' Lot Home Type "F"
by MA Homes, sheets F-2 through F-3.
19. December 20, 2001, Floor Plans and Elevations for 45' Lot Home Type "H"
by MA Homes, sheets H-1 through H-2.
20. June 11, 2002, Floor Plans and Elevations for 45' Lot Home Type "J" by MA
Homes, sheet J-1 .
21. December 20, 2001, Floor Plans and Elevations for 45' Lot Home Type "J"
by MI1 Homes, sheets J-2 through J-3.
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Resolution 94,2005
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22. June 11 , 2002, Floor Plans and Elevations for 45' Lot Home Type "K" by MA
Homes, sheet K-I.
23-.- December 20, 2001 ,. FJoor Plans and Elevations for 45' Lot Home Type "K"
by MA Homes, sheet K-2.
24. June I1 , 2002, Floor Plans and Elevations for 45' Lot Home Type "L" by M/I
Homes, sheet L-1.
25. December 20, 2001, Floor Plans and Elevations for 45' Lot Home Type "L"
by M/I Homes, sheets L-2 through L-3.
26. June 10,2002, Plot Plan for 60' Lot Homes by MI1 Homes, one sheet.
27. June IO, 2002, Floor Plans and Elevations for 60' Lot Homes Scheme
"2778" by MI1 Homes, sheet 1.
28. December 20,2001 , Floor Plans and Elevations for 60' Lot Homes Scheme
"2778 by M/I Homes, sheets 2 through 3.
29. December 20,2001, Floor Plans and Elevations for 60' Lot Homes Scheme
"2938" by M/I Homes, sheets 1 and 3.
30. June 11, 2002, Floor Plans and Elevations for 60' Lot Homes Scheme
"2938 by MA Homes, sheet 2.
31. December 20,2001 , Floor Plans and Elevations for 60' Lot Homes Scheme
"2941" by M/I Homes, sheets 1 and 3.
32. June 11, 2002, Floor Plans and Elevations for 60' Lot Homes Scheme
"2941" by MA Homes, sheet 2.
33. June 10, 2002, Floor Plans and Elevations for 60' Lot Homes Scheme
"3194" by MA Homes, sheet 1.
34. December 20,2001 , Floor Plans and Elevations for 60' Lot Homes Scheme
"3194" by MA Homes, sheets 2 through 3.
35. June IO, 2002, Plot Plans for Townhouses by M/I Homes, one sheet.
36. December 28, 2001, Floor Plans and Elevation for Townhome Type "I" by
MA Homes, sheets 1-1 through 1-6 (sheets 1-1 and 1-4 dated June 11,
2002).
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Resolution 94,2005
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37. December 28, 2002, Floor Plans and Elevations for Townhome Type "2" by
M/I Homes, sheets 2-1 through 2-6 (sheets 2-1 and 24 dated June 11,
2002).
38. December 28, 2002, Floor Plans and Elevations for Townhome Type "3" by
M/I Homes, sheets 3-1 through 3-6 (sheets 3-1 and 3-4 dated June 11,
2002).
SECTION 6. Said approval shall be consistent with all representations made by
the applicant or applicant's agents at any workshop or public hearing.
SECTION 7. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: June 9,2005
Resolution 94,2005
PASSED AND ADOPTED this 77” day of SJL~ , 2005. 2
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4 CITY OF PALM BEA
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7 BY:
8
9 ATTEST:
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12 BY:
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17 LEGAL SUFFICIENCY
18 A 1
APPROVED AS TO FORM AND
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20 BY:
21 Christine P. Tatum, City Attorney
25 VOTE:
26
27 MAYOR RUSSO
28
29 VICE MAYOR JABLIN
30
-- AYE NAY ABSENT
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31 COUNCILMEMBER LEVY J--
33 COUNCILMEMBER VALECHE --- r/
35 COUNCILMEMBER BARNElT ---
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G:hnorney-share\RESOLUTIONS\gables doa - reso 94 2005.doc
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89/25/2883 15$36:38 2003Wl7b851
P11m Beach County, Florida aR EK 15893 ffi 1447 0
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CJTY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION l8Ol2O02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE
CITY AND MALL PROPERTIES, LTD., PGA GATEWAY, LTD., RCA
CENTER ll OF FLORIDA, LLC AND PGA NORTH II OF FLORIDA, CLC
FOR THE ASSURED CONSTRUCTION OF LINKAGE ROADS AND
AUTHORIZING THE MAYOR AND ClTY COUNClL TO EXECUTE SAME;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Mali Properties, Ltd., a Florida limited partnership, PGA Gateway, Ltd., a
Florida limited partnership, RCA Center II of Florida, LLC, a Florida limited liability
company, 8nd PGA Norlh II of Florida, LLC, a Florida Ilrnkfd liebllity company ("Owners")
are the Owners of certafn parcels of property within the City ("Propertles"); and
WHEREAS, in lieu of paying all or portion of the City's road impact fee, Owners seek to
construct roadways depicted on the City Center Linkages Plan running thrQugh or
immediately adjacent to the Properties ("Linkage Roadways") and to receive credit against
the amount of road impad fees lhat would otherwise be due to the City; and
WHEREAS, through Ihe enactment of Resolution 25,2001, the City Council approved the
pooling of road impad fees for the Properties; and
0
WHEREAS, the City and Owners wish lo provMe for a method by whlch the pooled impact
fees will be credited and for the assured construction of all the Linkage Roadways within
a time frame established by the City; and
WHEREAS, the City Coun'ciltinds the adoption of this Resolution to.be in the best interests
of the residents and cltlzens of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORiDA THAT
SFCTIW. The foregolng 'WEREAS" clauses are hereby ratified and confirmed as
being true and cdrrect and are hereby made a specific part of this Resolution.
SECTION 2 : The City Councll of the City of Pah Beach Gardens hereby approves the
Agreement for Assured Construction of Linkage Roads between the Clty and Owners
attached hereto as Exhibit 'A' and Incorporated herein by reference and authorizes the
Mayor and Clty Clerk to execute said Agreement on behalf of the City and take all action
necessary to effectuate the terms of the Agreement.
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BOOK 15893 PW 1448
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed
to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution is held by
any court of competent jurisdiction to be unconstitutional or invalid, in part or application,
it shall not-affect the validity of the remaining portions or applications of this Resolution.
SECTION i5:gThis Resolution shall become effective immediately upon adoption.
____.__-
VOTE: ABSENT
MAYOR JABLIN
r) VICEMAYORSABATELLO - - -
COUNCILMEMBER CIARK -
COUNCILMEMBER RUSSO v
COUNCILMEMBER DELGADO 4
L/
Date prepared: September 23,2002
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BOOK 15893 PM 1449
Meeting Date: October 3,2002
Resolution: 180,2002
EXHIBIT A
..,. .. . .. .... . .. . . . . . . .____ _-
BMH( 15893 PgGE 1450
AGREEMENT FOR ASSURED CONSTRUCTION OF
LINKAGE ROADS
REEMENT ("Agreement") is made and entered into as of the& day
, 2002, by and between the City of Palm Beach Gardens, a Florida
ration ("City"j and Mall Properties, Ltd., a Florida limited partnership, PGA
Gateway, Ltd., a Florida limited partnership, RCACenter \I of Florida, LLC; a Florida \imited
liability company, and PGA North II of Florida, LLC, a Florida limited liability company,
(collectlvely "Owners").
RECITALS
WHEREAS, in lieu of paying all or portion of the City's road impact fee, section 78-
99(d)(l) of the City Code of Ordinances a\lows a property owner seeking to develop its
property to construct certain road improvements identified in the City Center Linkages Plan,
which is attached hereto as Exhibit "I" and incorporated herein; and 1
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/ WHEREAS, Owners own certain properties located in the City, as described on
I Exhibit "2" attached hereto and incorporated herein ("Property" or "Properties"); and
WHEREAS, in lieu of paying City road impact .fees for development of the
Properties, Owners seek to construct the roadways depicted on the City Center Linkages
Plan running through or immediately adjacent to the Properties, as listed on Exhibit "3"
attached hereto and incorporated herein ("Linkage Roadways"), and. to receive credlt
against the amount of road'impact fees that would othewise be due to the City; and 0
WHEREAS, in circumstances where the cost of the improvements exceeds the total
amount of road impact fees due, section 78-99(d)(5) of the City Code of Ordinances
authorizes the City Council to allow property owners construcling such road improvements
to pool impact fees for multiple developments: and
WHEREAS, through the enactment of Resolution No. 25,2001, a copy of which is
attaaed hereto as €xhibit "4" and incorporated herein, the City Council approved the
pooling of impact fees for the Properfies; and
WHEREAS, the City and Owners wish to provide for a method by which the pooled
impact fees will be credited and for the assured construction of all the Linkage Roadways
to be constructed by Owners; and
WHEREAS, in order to effectuate the timely construction of the Linkage Roadways
without regard to the actual date of development of each Property, the Owner of Parcel 5k
has agreed to dedicate to the City the right-of-way for the construction of the Kyoto
Gardens Drive extension, and, in exchange, the City has agreed to convey to the Owner
Boa( 15893 PW€ 1451
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of Parcel 27.12 the right-of-way lor the construction of the Lake Victoria Gardens Drive
extension to effectuate the dedication of a perpetual public easement.
NOW, THEREFORE, for and in consideration of the premises and the mutual terms
and conditions set forth herein and other good and valuable consideration, the receipt and
suficiency of which are hereby acknowledged, the City and Owners hereby covenant and
agree as follows:
A. Recitals.
The above recitals are true and correct and incorporated herein by this reference.
6. IrnPact Fee Credits.
1. Owners shall apply for City road impact fee credits for construction of each
of the Linkage Roadways in accordance with section 78-99(~)(3) of the City Code of
Ordinances. These credits skall apply collectively to the Properties specifically identified
in Resolution 25, 2001 and more particularly described in Exhibit "2."
2. The City shall establish a road impact fee credit bank ("Credit Bank") based
on the total amount of creditable costs for the construction of each of the Linkage
Roadways, as certified by the City Engineer in accordance with sections 78-99(c) and 78-
99(d) of the City Code of Ordinances. Once the City Engineer certifies the cost of a
Linkage Roadway, the certified cost shall be added to the Credit Bank. At the time building
permits are issued for the Properties, the road impact fees due for each permit shall be
deducted from the Credit Bank.
3. The Clty acknowledges that road impact fees for development of the
Properties have been or will be paid to Ihe City prior to the establishment of the Credit
Bank. The City and Owners agree that any City road impact fees paid with respect to the
Properties prior to the establishment of the Credit Bank shall be deemed to have been paid
to the City in escrow and shall be available for reimbursement to Owners to pay toward the
certified cast of the Linkage Roadways. Any 6ums to be reimbursed to the Owners shall
be reimbursed at the time of building permit for the Linkage Roadway improvements.
4. Owners acknowledge and agree that the total impact fee credits available
shall not exceed the amount established by the Credit Bank. If the total amount of City
road impact fee credits available, as established by the Credit Bank, is less than the total
amount of impact fees due from the Properties in the aggregate, Owners shall be
responsible for the balance of any City road impact fees in accordance with all City Code
requirements. Once aft impact fees have been paid for the Properties, the balance In the
Credit Bank shall be reduced to zero and the City shall have no additional obligation to
Owners,
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, BOOK 15893 POG€ 1452
5. Owners shall not assign any portion of the Credit Bank to persons or entities
not a party to this Agreement without prior written approval of the Cily Manager or his/her
designee.
6. Owners shall provide surety to the Cily to ensure the complelion of ail
~I;inkage Roadways in accordance with the schedule established by the City Engineer as -
fully set forth in Section C below.
C. Construction Schedule.
1. In accordance with section 78-99(d)(3) of the City Code of Ordinances, and
as a condition precedent to the utilization of road impact fee credits by Owners, the City
Engineer has established a timetable for the commencement of construction for the
Linkage Roadways. These fixed dates are established in Exhibit "1." Owners shall
commence construction of the Linkage Roadways by the first day of the month and year
J identified on the Linkages Plan. r
I a. For the purposes of this Agreement, the term "commence construction" shall /
mean the actual installation of infrastructure.
b. The City Engineer may extend the commencement of construction date for
any Linkage Roadway for a period not to exceed six (6) months, provided
that Owners demonstrate that they have proceeded in good faith to obtain
all necessary permits and approvals and have encountered non self-imposed
delay. Owners must request any such extension in writing at least one (I)
month3 prior to the commencement of construction date established by the
City Engineer or Owners' ability to make such a request shall be waived.
2. As an additional condition precedent to the utilization of road Impact fee
credits, Owners shall, within thirty (30) days of the certification of the total cast of each
Linkage Roadway by the City Engineer, provide'surety to ensure that construction of the
Linkage Roadway commences in accordance with the timetable established In Exhibit "1"
and in an amount equal to one hundred and ten percent (110%) of the certified cost
estimate established by the City Engineer for each Linkage Roadway.
a. The Chy shaV be entlt\ed to draw down on the surety if Owners: fail to
commence construction of any Linkage Roadway within the established time
frame, subject to any time extensions granted by the City Engineer in
accordance with section C.l .b: fail to complete construction within twelve
(1 2) months of commencement; or are in material breach and default of this
Agreement and fail to cure same wilhin fifteen (15) days.
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9OOK 15893 PQGE 1453
b. The form of surety provided by Owners to the City pursuant to this
Agreement shall be subject to approval by the City and in the same format
as surety generally required for infrastructure Improvements in accordance
with Section 78-461 of the City Code of Ordinances.
1. Within thirty (30) days of the execution of this Agreement, the City shall
transfer to the Owner of Parcel 27.12, by quit-claim deed, the right-of-way for LakeVictoria
Gardens Avenue, as conveyed to the City by Northern Palm Beach County Improvement
District ("Norlhern").
a. The City makes no warranties whatsoever with respect to the Property or the
existence of any encumbrances.
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b. The City and Owners acknowledge that the right-of-way to be conveyed by
the City is subject to an easement granted to Seacoast Utilib Authority
immediately prior to the conveyance by Northern to the City.
2. Wdhin sixty (60) days of the execution of this Agreement, Owners shall
dedicate to the City by plat a one hundred and ten foot (1 10') wide right-of-way traversing
Parcel 5A, to be utilized for the extension of Kyoto Gardehs Orive from Alternate A-1-A to Military Trail. ..
a. The City shall work with Owners to detorrnine the precise location for the
roadway ahd shall make every effort to accommodate such alignment during
the development approval process for Parcel 5A. However, the City and
Owners acknowledge that the final decision with respect to the ultimate
aJignment of the right-of-way is within the discretion oi the City Council.
Should it be necessary to alter the alignment of the roadway, Owners shall
be responsible for themst of any replat.
b. To the extent necessary, Owners shall accommodate the drainage for such
roadway within Parcel 5A and grant to the City whatever easements 8re
necessary to effectuate such dralnage.
c. Upon dedication of Ihe roadway to the City, Owners shall have use of such
roadway for the development of Parcel 5A in accordance with all applicable
City requirements and regulations for the construction of all improvements
thereon and the installation of utilities.
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BOOK 15093 PCIGE \454
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E. Asslqnment.
1. This Agreement may be assigned by Owners to successors in title to the
Properties.
2. Owners shall notify the City in writing of any change in ownership of the
Properties within thirty (30) days of conveyance. Any assignment of Owners' rights and
obligations pursuant to the terms of this Agreement shall not be effective until Owners
provide the City with written notification of such assignment.
F. JAlscellaneous Provisions.
I. The provisions of this Agreement may not be amended, supplemented,
waived, or changed orally. Any such amendment, supplement, waiver, or change shall be
in writing signed by each party to this Agreement. This Agreement constitutes the entire
understanding and agreement between the parties with respect to the subject matter
hereof.
2. All of the terms and provisions of this Agreement, whether so expressed or
not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and
their respective legal representatives, successors, and permitted assigns.
3. All notices or other communications required, contemplated or permitted
under this Agreement shall be in writing and shall be hand delivered or mailed via overnight
delivery to the following addresses:
As to th, e ClN: ' As to the Owners:
CITY OF PALM BEACH GARDENS ! MALL PROPERTIES, LTD.,
10500 North Military Trail
Palm Beach Gardens,' FL 33410
Attention: Ron Ferris, City Manager
4300 Catalfumo Way
Palm Beach Gardens, FL 33410
Attention: Daniel S. Catalfumo
copy to:
Watterson & Hyland, P.A.
4 100 RCA Boulevard, Suite 100
Palm Beach Gardens, FL 33410
Attentlon: Len Rubin, City Attorney
PGA Gateway, Ltd.
a Florida limited partnership
Attention: Daniel S. Catalfurno
4300 Catalfumo Way
Palm Beach Gardens. FL 334 10
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LBFH, Inc.
2090 Palm Beach Lakes Boulevard
Suite 600
West Palm Beach, FL 33410
Attention: Dan Clark, City Engineer
~~
BOOK 15893 PW 1455
RCA Center II of Florida, LLC,
a Florida limited liability company
Attention: Daniel S. Catalfurno
4300 Catalfumo Way
Palm Beach Gardens, FL 33410
PGA North II of Florida, LLC
a Florida limited liability company
Attention: Daniel S. Catalfumo
4300 Catalfumo Way
Palm Beach Gardens, FL 33410
Any party may change an address by sending written notice of such to the other parties,
in which case that new address shall be utilized.
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r 4. This Agreement shall be construed and governed by the laws of the State of
Beach County, Florida. No remedy conferred upon'any party is intended to be exclusive;
any other remedy, and each and every such remedy shall be cumulative and shall be.in
addition to every other remedy given hereunder or now.or hereafter existing at law or
equity or by statute or otherwise. No single or partial exercise by any party of arly right
power, or remedy hereunder shall preclude any other or-further exercise thereof.
8 Florida. Any and all legal action necessary to enforce this Agreement shall be in Palm I
5. If any part of this Agreement is contrary to, prohibited by.or deemed invalid
under applicable law or regulation, such provision shall be inapplicable and deemed
omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not
be invalidated thereby and shall be given full force and effect so far as possible.
6. The effective date of this Agreement shall be as of the date it has been
executed by all parties hereto.
7. A party's failure to enforce any provision of this Agreement shall not be
construed as a waiver of the right to later enforce that or any other provision of this
Agreement.
8. Only the parties to this Agreement shall have standing to enforce it.
9. This Agreement may be executed in counterparts, each of whicti shall be
deemed an original, and all of which together shall constitute one (1) and the same
instrument.
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BOOH 15893 PW 14%
10. The parties acknowledge that each has shared equally in the drafting and
preparation of thls Agreement and, accordingly, no Court or Administrative Hearing Officer
construing this Agreement shall construe it more strictly against one party than the other
and every covenant, term and provision of this Agreement shall be construed simply
according to its fair meaning. The headings contained in this Agreement are for
convenience of reference only, and shall not limit or otherwise affect in any way the
meanlng or interpretation of th\s Agreement.
1 1. Failure to comply with any provision of this Agreement shall be considered
a material breach and a default which shall entitle the parties to all rights and remedies at
law or equity. Prior to lnitiatlng any action for an alleged breach, an initiating party shall
notify all other parties of the alleged breach at least fifteen (15) days prior to initiating such
action.
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12. It is hereby understood and agreed that in the event any lawsuit in the judicial
system, federalor state, is brdught to enforce compliance with this Agreement or interpret
same, or if any administrative proceeding is brought for the same purposes, the non-
prevailing party pay to the prevailing party reasonable attorney's fees and costs, including
appella'te fees and costs.
IN WITNESS WHEREOF, the undersigned have hereunto set their hand and seals
the day and year first above written.
ARDENS, a Florida
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Owners:
MALL PROPERTIES, LTD.,
a Florida limited partnership
By: Catalfurno Management and Investments, Inc.
~
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, a person authorized to take acknowledgments, personally appeared
Daniel S. Catalfumo, as president of Catalfumo Management and Investment, Inc., as
cuted the foregoing i
s personally known
*
PGA GATEWAY, CTD.,
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, a pers 5 .- S
authorized to take acknowledgments, personally appeared de& Diver Management, Inc., as general partner
.Ltd., who execu
.
/1 n RCA CENTER II OF FLORIDA, LLC,
a Florida limited liability company
By: PGA Gateway, Ltd., sole member
STATE OF FLORIDA
COUNN OF PALM BEACH
BEFORE ME, a pers authorized to take acknowledgments, personally appeared dS,c&J&Ql,J& as %pRCsldd- of Diver Management, Inc., as general partner
PGA NORTH ll*OF FLORIDA, LLC,
STATE OF FLORIDA
COUNTY OF PALM BEACH
take acknowledgments, personally appeared
of Diver Management, Inc., as general partner
of PGA Gateway, Ltd., as sole member P A North II o'f Florida, LLC,
as identification.
rument this 3 day of %Kiy:s produced ..
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~ BOOK 15893 PRGE 1459
0 EXHtQlT 1
City Center Linkages Pian and Timetable
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CXTY CENTER LINKAGES
"Vehicular Tnffic Connections"
Fixed Data for Consevcrian SIM
- - ASSURED CONSTRUCTION
MISTING ROADWAY
8001( 15893 PWX 1462
COMPOSITE EXHIBIT 2
Legal Descriptions of Properties
parcel 28.01, according to the plat th&reof, recorded in Plat Book 90, Page 119-121 of the
Public-Records of Palm Beach Cuunty, Florida.
Parcel 27.03, according to the plat thereof, recorded in Plat Book 88, Pages 11 6-1 17 of the
Public Records of Palm Beach County, Florida,
Parcel 27.04, according to the plat thereof, recorded in Plat Book 90, Page 1-2 of the
Public Records. of Palm Beach County, Florida.
parcel 27.0 5 ar\d Parcel 2 7,06, according to the plat thereof, recorded in Plat Book 88,
Page 104-105 of the Public Records of Palm Beach County, Florida.
Parcel 27,108, according to the plat thereof, record4.h Plat Book 88, Pages 118-1 19 of
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8 the Public Records of Palm Beach County, Florida. /
Parcel 27.12 fincludinn Parcel 27.141, according to the plat thereof, recorded in Plat Book
94, Pages 4042 of the Public Records of Palm Beach County, Florida.
Parcel SA (attached) 0 Parcel 5B (attached)
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM is executed this 39 day of December, 2004 by and
between PGA NORTH I1 OF FLORIDA LLC, a Florida limited liability company, RCA
CENTER II OF FLORIDA LLC, a Florida limited liability company, PGA GATEWAY,
LTD., a Florida limited partnership, and MALL PROPERTIES, LTD. a Florida limited
partnership (sometimes collectively referred to herein as “Catalfumo Entities’) and the
CITY OF PALM BEACH GARDENS, a political subdivision of the State of Florida
(“City”).
Background
1. The Catalfumo Entities and the City entered into a certain Agreement for Assured
Construction of Linkage Roads dated October 3, 2002 (the “Assured
Construction Agreement“). The City previously sued the Catalfumo Entities for
specific performance of the Assured Construction Agreement, which lawsuit will
be stayed pending completion of the Kyoto Drive Improvements described below.
2. RCA Center II of Florida LLC has obtained from the City, Site Plan Approval
pursuant to Resolution 216, 2004 (the ‘PUD Approval“) for a certain planned unit
development also known as Parcel 58.
3. Pursuant to the City’s Land Development Regulations and the PUD Approval, the
Catalfumo Entities are required to construct a 2-lane road from Alternate AlA to
Military Trail known as Kyoto Gardens Drive Extension (“Kyoto Drive
Improvements”). The City has requested that Kyoto Drive Improvements be
constructed as a 4-lane road to provide for future road capacity and the City has
agreed to fund the difference in cost between a 2-lane road and a 4-lane road
concurrently with the construction of the Kyoto Drive Improvements as set forth
on Exhibit ’A” attached hereto
4. CataHumo Entities and City agree that it is critical that construction of the Kyoto
Drive Improvements commence on or before March 31,2005 I The understanding of the parties is as follows:
1. Catatfurno Entities will contract separately for the construction of the bridge
portion of the Kyoto Drive Improvements and the road portion of the Kyoto Drive
Improvements located withln the City’s Road Rlglrt-of-Way In order to expedite the
commencement of construction, It being understood that the bridge portion of the
construction will be able to commence most expeditiously in this fashion. Catalfumo
Entities shall commence construction of the bridge portion of the Kyoto Drive
Improvements on or before March 31, 2005 and shall use its best efforts to complete
the Kyoto Drive Improvements prior to December 31 , 2005 and in any event as soon as
practicable thereafter. In order to assist Catatfurno Entities in completing the Kyoto
OriSe Improvements and the other linkage roads through Parcels 5A and SB, City shall
use its best efforts to review and permitt road plans submitted by Catalfumo Entities in
connection with said road work and as soon as practicable issue work permits as
necessary to allow Catalfurno Entities to meet the required time schedules.
2. Catalfumo Entities shall be responsible for the cost of constructing a 2-lane
divided (similar to the 58 Roadway approved by Resolution 216, 2004 PUD Approval)
road only with the City obligated to pay the increased costs caused by the City's
requirement that the Kyoto Drive Improvements provide 4 lanes when first constructed.
City shall also be obligated to pay for the cost of the FEC railroad crossing and related
improvements. The City agrees to reimburse the Catalfumo Entities its share of the
monthly contractor invoice in accordance with the Estimates attached hereto as Exhibit
"A" (as contempfated by Paragraph 13a of Resolution 216) exclusive of the City's
payments to the FEC.
3. Catalfumo Entities shall provide a Bond satisfactory to the City Manager in the
estimated amount required to construct its 2-lane share of the Kyoto Drive
Improvements in a format acceptable to the City Attorney and as required in PUD
Approval. Catalfumo Entities hereby agrees that should the City call the bond and
assume the responsibility For construction of the roadway; the City may use a two
square awe area of land immediately north of the north Kyoto Gardens Drive Right-of-
Way line (in the vicinity of the bridge) for the purposes of draining the road. Further, this
agreement maybe used to demonstrate to permitting agencies that water quality
requirements maybe met within that two acre area and that the City has the legal rights
to excavate and use that acreage for drainage purposes.
4. Catalfumo Entitles and its contractors shall Comply with all aspects of the
construction requirements as set forth in the Stipulated Final Order and other related
documents for Kyoto Gardens Drlve on both the east and west sides of the FEC
trackbed. All correspondence with FEC will be copied to the City Attorney and all phone
calls to FEC will be logged and a call log will be forwarded to the City with each request
for reimbursement of construction costs.
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5. Catalfumo Entities shall be entitled to impact fee reimbursements and credits
which shall be pooled and credited In accordance with the Assured Construction
Agreement for both the bridge and road improvements provided the projects are
completed within the times established in this agreement.
6. City shall be entitled to a right of approval of the contractors selected for
construction of the Kyoto brive Improvements. If possible, the contractors selected
shall be ones that have current, ongoing, public construction projects that the City can
"piggy-back' onto in order to satisfy the waiver requirements for the public bidding of the
City's portion of the Kyoto Drive Improvements. It is acknowledged that, in any event, it
is not practicable to obtain separate contractors to bid on the expanslon of the Kyoto
Drive Improvements from 2-lane road improvements required to be constructed by the
Catalfumo Entities to the 4 lanes requested by the City. I
IN WITNESS WHEREOF, the parties execukd this Memorandum of 0 Understanding as of the date set forth above.
Witness PGA NORTH I1 OF FLORIDA LLC,
Its general partner
- By: Diver Management, Inc.,
Witness RCA CENTER ll OF FLORIDA LLC
PGA GATEWAY, LTD,
MALL PROPERTIES, LTD.
By: Catalfumo Management and
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CITY OF PALM BEACH GARDENS
- Estimate -
Kyoto Gar dene Drive Conshuction Co ste Summary
KIEM
2-Lane Road Constructton Cast
2-Lane Bridge Construction Cost
Landscaping k Irrigation
CQSr
$ 1,094,875
$ 2,490,000
$ 360,475
TohI bhne Option Cost $ 3,945,350
(-Lane Road Construction Cost
&he Bridge Construction Cost
landscaping Q Irrigation
Total 4-Lane Option Cost: $ 4,838201
Upgrade of Road to Pour Lanes Conslruaion Cost $ 142,951
Upgmde of Bridge to Four LMCS Construction Cost $ 750,OOo
Sub-Total Conelrucdon Cost of Upgrade to 4 Lanes: $ 892,951
Upgrade to 4 Lanes Engineering/Survey/Ceokch Costs $ 21,982 112 of item costs
Upgtadc to 4 tancs Clesrtng Cost $ 16,425 1/2ofitemcost
Upgrade to Pour Lanes Military Trail Signalization .. Cosl $ 225,000 112 of item cost
Sub-TOW Derign, Cleuing & Slgnd Upgrade Cost $ 263A407
Sub-TOM Design & Construcdon Upgrade Cost: f 1,156,358
15% Condgency: S 173,451
15%Adminietration: $ 173,454
BondCost(2%): 6 30,065
Notes:
Total Cost of Upgrade to 4 Lmel: $ 1333,331
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I. The above figures do not indude the cost of design and construction
of the FEC rallroad crosslng and related lmprovemmb whtch ate to be
paid 100% by the City of Palm Beach Gardens.
2. -qwa-*Hqp vv
3. Estimated costs arc based on 2004 materials and labor costs.
EXHIBIT "A"
PAYMENT AND PERFORMANCE BOND
FOR INFRASTRUCTURE COMPLETION I
Know all men by these presents:
That we, PGA NORTH II OF FLORIDA LLC, a Florlda llrnlted liability company, RCA
CENTER I1 OF FLORIDA LLC, a Florida limited liability company, PGA GATEWAY
LTD., a Florlda limited partnership, and MALL PROPERTIES, LTD., a Florida limited
partnership (herelnafter called "PRINCIPAL"), and Liberty Mutual Insurance'Company,
authorized to do buslness In the State of Florida, (herelnafter referred to as "SURnr")
are held and flrmly bound unto the City of Palm Beach Gardens (herelnafter called the
0 "CIW), a politlcaI subdivision of the State of Florlde, In the full and just sum of
Dollars ($ 4,734,420.00
Four Hllllon Seven Hundred lhitty Four Thourand, Four Hundred Twenty and OO/lOO---
) lawful money of the Unlted
States of America, to be paid to the CITY to which payment will and truly be made, we
blnd oureelves, our heirs, executors, adminietrators, successors and asslgns, jointly and
severally, flrmly by these presents:
WHEREAS, the above bound PRINCIPAL has executed an agreement for
Assured Construction of Llnkege Roads with the Clty dated October 3,2002 ("Assured
Construction Agreement') and RCA CENTER II OF FLORIDA LLC, has obtalned from
the CITY, Site Plan approval pursuant to Resolutlon 216 , 2004 (hereinafter called the
'PUD Approval") for 8 certain planned unit development known as Parcel 58 and has
agreed as a condition of the Assured Construction Agreement at the PUD Approval to
complete the Required Improvements (as hereinafter defined).
Required Improvements consist of constructing a two-lane portlon of a four-lane road
known as the Kyoto Gardens Drive Extension (Resolution 216, Section 4 Engineering
Item 14a.).
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WHEREAS, the
WHEREAS, this Payment and Performance Bond for Infrastructure Completion *
Four Hllllon Seven Hundred Thirty Four Thousand, Four Hundred Twenty and OO/lOO--
(herelnafter called the 'Bond") Is in the full and just sum of
I Dollars ($ 4 B734D420ma0 ) lawful money of the Unlted States of America, said sum
being the estimated cost to complete the responslblllty of PRINCIPAL for its share of
the construction of the Requlred Improvements.
NOW, THEREFORE, the SURETY agrees as follows:
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The foregoing recitals are incorporated hereln by reference,
The condltlon of thls obligation of SURETY Is such that if the PRINCIPAL
shall, in all respects, fully comply wlth, carry out, construct, erect and build
Its share of the Required Improvements in substahtiel conformity with the
plans, spedflcatlons and schedules covering sald work and such
approved additions, amendments or alterations a8 may be rnede In the
plans, 3peciflcations and schedules for sald work (It being understood that
the SUREM shall remaln bound under this Bond although not Informed of
any such additions, amendments or alternations), and shall commence
and complete ail of said work in accordance with the Contract for
construction of the work and, provided it receives prompt payment from
the Clty for the City’s share of the cost of the work, or is otherwise
compensated by the Clty as the parties may subsequently mutually agree
In writing may promptly make payment to all persons supplying the
PRINCIPAL, Its contractors or subcontractors with any labor, services,
materlal andlor suppllas used directly or indirectly by them or some or any
of them In the prosecution of said work, then this obllgatlon has be void,
oth6Wl6e remaining In full force and effect.
SUREM, for consldemtion recetved, hereby stipulates and agrees that no
changes, extenslons of tlme, alterations or addltlons to the work or the
plans, apecltlcatlons and schedules coverlng the same, or in the term or
mode of payment forthe same, shall In anywise affect Hability or.payment
under thls Band, and It does hereby wake notice of any and all such
changes, cxtenslons of time, alterattons and addltlons to the work or to
the plans, ~pacm~atlon3 and schedules coverlng sald work.
The prlncipat amount of thls Bond will be reduced, from time to tlme, only
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a6 and when (a) the PRINCIPAL provides the CIp/ with evidence of
partial completion and payment costs and eipenses of the Project
reasonably satisfactory to the CITY, such as by way of example, release
of llen and certlflcation of payment, and (b) the PRINCIPAL pravldes the
CITY an engineering estlmate of costs to complete the Required
Improvements, or (c) CITY draws down payments from SURETY under
this Bond in accordance with the provisions of paragraph 5c below. The
PRINCIPAL shell provide the CITY wlth a list of all contractors,
subcontractors and material contractors, eubcontractors and material
suppliers, together with a certlflcate of the general contractor certlfying
such list is complete. The CWf shall not have the obligatlon to reduce the
prlnclpal amount of this SURElY, if It has reasonably concluded the costs
of cornpletlon wlll exceed the originel cost estlmate or evldence of
payment and partlal completion Is not satisfactory to the CITY. To obtaln
a reduction in the prlnclpal sum of the Bond, the PRINCIPAL shall obtain
from the CITY authorization for a reduction, which shall be forwarded to
the SURETY. Any reduction in Bond value shall be consldered effected
and binding agalnst CITY.
Whenever the PRINCIPAL shall have failed or refused to commence or
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complete the sald work by the dates set forth In the Contracts for the
work, the CITY may declare the PRINCIPAL'to be in default and the
SURETY may remedy the default within thirty days, or shall within thirty
days:
a. Complete or begin completlon of the said work in accordance with
the specifications and schedules covering said work and such
approved additions, amendments or alterations as may be made In
the plans, speclflcatlons and schedules covering said work,
completing the work in a prompt manner, or
Obtaln a bid or blds for subrnlssion to the CIW for cornpletlon of
sald work in accordance with the plans, speclfleattons and
6chedUleS cqverlng said work, and such approved additions,
amendments or alterations as may be made in the plans,
specifications and schedules for said work, and upon determlnatlon
by the CITY and the SURETY of the lowest responsible bldder,
arrange for a contract between such bldder and the SURETY, and
psy to such bldder as work progresses (event should there be a
default or a successlon of defaults under the contract or contracts
of completion arranged under thls paragraph) the funds requlred to
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pay the costs of completion of said repalr or maintenance work as
herein described.
Alternatively, the parties hereto undwstend that upon default by
PRINCIPAL, CITY may elect to assume the contracts for the
construction of the work, in which event CITY shall be entitled to
draw from SUREN the amounts due on a monthly basls In order
for CITY to cover PRINCIPAL'S share of the cost of the work
regardless of the fact that the cost of the Required Improvements
may exceed the amount of thls Bond. If CHy elects to assume the
contracts for construction of the Requlred Improvements, this Bond
shall be modHied as necessary to comply wlth the provlalons of
F.S. 255.05.
c.
8, The CITY shall be entitled to thelr reasonable attorney's fees and oosts In
any acUon at law or equlty, including appellate court actlons, to enforce
the CITY'S rights under thls Bond.
IN WITNESS WHEREOF, the PRINCIPAL and SUREW have executed these
presents thls 28th day of December, 2004.
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Witness PQA NORTH II OF FLORIDA LLC, 0 By: Diver Management, Inc.,
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RCA CE-OF FLORIDA LLC
Witness PGA GATEWAY, LTD,
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Witness MALL PROPERTIES, LTD. A
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SUREW.
Llberty Mutual Insurance Company
By:
Brett Rosenhaur , Attarnny In Fact/FL Rsrideht Countersigned by; Brett Rotenhaus Agent
Address: 4oM) South 57th Ave. Sta. 201
Lake Worth, FL 33463
~~ORMS\PsymanUndPorlwmsncsREDUNE.wpd
Liberty Mulual Surely Bond Number $d OO@ 3.q
NOTICE FROM SURETY REQUIRED BY
TERRORISM RISK INSURANCE ACT OF 2002
In accordance with the Terrorism Risk Insurance Act of 2002 (referred to
hereinafter as the "Act"), this disclosure notice is provided for surety bonds on
which one or more of the following companies is the issuing surety: Liberty
Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM
Insurance Corporation; The girst Liberty Insurance Corporation; Liberty
Insurance Corporation; Employers Insurance Company of Wausau (formerly
'EMPLOY€ RS INSURANCE OF WAUSAU A Mutual Company"); Peerless
Insurance Company; and any other company that is a part of or added to the
Liberty Mutual Group for which surety business is underwritten by Liberty Mutual
Surety (referred to collectively hereinafler as the "Issuing Sureties").
NOTICE FORMS PART OF BOND
This notice forms part of surety bonds issued by any one or more of the Issuing
Sureties.
DISCLOSURE OF PREMIUM
The premium attributable to any bond coverage for "acts of terrorlsm" as defined
in Section 102(1) of the Act is Zero Dollars ($0.00).
0
DISCLOSURE OF FEDERAL PARTICIPATION
IN PAYMENT OF TERRORISM LOSSES
The United States will reimburse the Issuing Sureties for ninety percent (90Y0) of
any covered losses from terrorist acts certified under the Ad exceeding the
applicable surety deductible.
LMIC-6539 I 111 5/04
... 1
THIS POWER OF AllORNEY IS NOT VALID UNLESS IT IS PAINTED ON RED BACKGROUND. 1486470
Thls Power of Altorney limit3 the am of thole named herein, ond they hove no euthorily lo blnd he Company except In the manner and to
the extent hemin ~tated.
UBERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
POWER OF ATTORHEY m KNOW ALL PERSONS BY THESE PRESENTS: The1 Llberty Mutual Insurance Company (tho 'Company'), a Massachusetts SI& insurance compeny, puwnt Io and by nultwhy of the By-taw and Authcdzalhn hereinafler Set forth. does hereby name, COnsUMe and appoint
RICHARD M. BWN, KAREN L DEBARDAS, BRETT' ROSENHAUS, MEUNDA ROSENHAUS, ALL OF THE CrrY OF
_WEST PALM BEACH, STATE OF FLORIDA .......................................................................................................................... .............................................................................................................................. ".......,.....~..................,..............................
, each hdiiually I lherb be mom than one named, It3 true and lam 8ttO~eYh-laCl lo make, executa. seal. admowiedpe and deliver. lor and on b
behell an sure md ES b act and deed, my md Ell1 undemklngs, bonds, recognlzances and other sure OM1 allons In the penal sum no1 exceeding FlRY MILU8N AND OOflOO"'^"*~ ^*'H' ) each, and the
~~etUtl~n of rwh undethkhgs. bards, recognbzames and olher surety obligalions. In pursuance of these presents, shell be as blding upon the
Company as H mey had been duly sioned by the presldonl and atlested by the secrelary of the Company in lheir own proper persons.
DOLLARS ($ 50,0&I,%0.dM***
The1 thls power Is made and execuled pursuanl to and by authodly of the following By-law and Authorizallon:
AATICLE Xlll - Exearlkn d Conlracts: Seclbn 5. Surety Mds and Underlakings.
Any oMcar d the Company unhorfzed lor lhal purpose In wrltlng by he chalnnan w the presidenl and subject to wch llmltations u me
chalrman or Ihe presldent mey prescribe, shall appoint such allarneys-In-fad. &5 may be necessary to ad In behalf of the Company lo make,
execute, red, aclolowredge and dellver as surety my end ell undertakings, bonds, recognizences and other surety obligations. Such
attorneys-lmfacl, subjecl la the IMIAUons sel forth In their respective powera of fUlomey, shell have lull power lo bind the Company by tholr
slgnalors and execuuon of amy sud~ lnslmsnb and lo attach thereto Ihe seal of \he Company. When so executed such Instruments shall be
as blndlng as If slgned by fie presldenl and allesled by Ihe sectelafy.
Punuanl lo Adds XIII, Sech 5 of the By-Laws. Gamel W. Ellion, Asdslanl Secrelaty of Liberty Muhral Insurance Company, Is hereby
authorized 10 appdnl such 8tlomeys-ln.facl as may be necessary lo act In bohalf of Ihe Company to make. execvte. seal, acknowledge and dethrer as eurety nny and all undertakings, bonds, recognizances end other suroly obllgalkns.
the Authorirelicn $01 btth above are true copies (hereof and nre now In M1 force and effect.
this poww of Anomy has bean subscribed by en authorlzed omcer w mal 01 he Company and me carporate seal 01
ha, been BfRxed hereto In PlymWm Meeting, Pennsylvnnla Ihlo 23rd day a( March
LIBERTY MUTUAL INSURANCE COMPANY
COMMONWEALTH OF PENNSYLVANIA 14 COUNTY OF MOHTQOMEFW
On Wr day of lo me known, and adarOw(ed0w
tha he Is M klslsbnl Secrelary d UborCy Muhrd Insurance -, that he knows he sed of tald corpwatlon; and Umt he exsarted fie &bm
, m, before ma, a Notary Public, pe~onally came
seal al PlymouU~ Meeting, PeMsylvda, on the day and yra
1 Thls certlflcate and the above pwer of anomdy tnny be signed by facslmlle or mechanlcaWy refimducod rlgnatwes under and by aU(h0clty d (ha Iollmlng vola d tho board of dlrsclon of UtJorty Mulual Insurance Cornpany a1 a meetrng ddy wfled and held on ihe 12th day of March. 1980.
VOTEb mal the Iac3hrle or meohwlcally reproduced Mgnature of any ssslstanc secretary of the ampany. wherever rpprrdng upan a
certified copy of my pcmar d attorney Issued hy the campany In mnnecUon wlth surety bonds, &dl be valid srd blnding qxm lhe corrpany
wlth Ihe same forcr and effect as though manually ehlxed.
1
m ,Iy)
hereunto rubscrlbed my name and aMxed he carporale seal of he said pmpany, thls d6' day ,of
A /
Date Prepared: October 19,2005
As Amended December 1.2005
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RESOLUTION 166,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE MASTER
DEVELOPMENT PLAN FOR THE 78.96-ACRE PGA CORPORATE
CENTER PLANNED COMMUNITY DEVELOPMENT (PCD)
GENERALLY BOUNDED BY INTERSTATE 95 RIGHT-OF-WAY AND
MILITARY TRAIL TO THE WEST, THE WINCHESTER COURTS
AND GARDEN WOODS RESIDENTIAL DEVELOPMENTS TO THE
NORTH, ALTERNATE AIA TO THE EAST, AND PGA BOULEVARD
TO THE SOUTH, AS MORE PARTICULARLY DESCRIBED HEREIN,
TO ALLOW THE OEVELOPMENT OF 240,000 SQUARE FEET OF
OFFICE USE AND 600,000 SQUARE FEET OF LIGHT INDUSTRIAL
USE, INCLUDING A MAXIMUM OF 42,000 SQUARE FEET OF
ANCILLARY COMMERCIAL USE, ON 17 INDIVIDUAL PARCELS;
PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF
APPROVAL; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City has received a request from Mr. Ryan Johnston of
Catalfumo Construction and Development, Inc., on behalf of PGA North II of Florida,
LLC, for approval of a master development plan for the 78.96-acre PGA Corporate
Center Planned Community Development (PCD) generally bounded by Interstate 95
right-of-way and Military Trail to the west, the Winchester Courts and Garden Woods
residential developments to the north, Alternate AIA to the east, and PGA Boulevard to
the south, as more particularly described herein, to allow the development of 240,000
square feet of office use and 600,000 square feet of light industrial use, including a
maximum of 42,000 square feet of ancillary commercial use, on 17 individual parcels;
and
WHEREAS, the subject site has a Planned Community District Overlay (PCD)
zoning designation with an underlying zoning designation of Research and Light
Industrial Park (MI) and has a land-use designation of Industrial (I); and
WHEREAS, the Growth Management Oepartrnent has reviewed said application,
has determined that it is sufficient and consistent with the City’s Comprehensive Plan
and Land Development Regulations, and has recommended its approval; and
WHEREAS, the Planning, Zoning, and Appeals Board reviewed said petition at
its October 11, 2005, meeting and recommended its approval by a vote of 7-0; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Applicant and other interested parties and the recommendations of the
various City of Palm Beach Gardens review agencies and staff: and
Dale Prepared: Oclober 19,2005
Resolution 166, 2005
WHEREAS, the City Council has determined that adoption of this Resolution is in 6 the best interest of the citizens and residents of the City of Palm Beach Gardens.
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5 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
-73- OF PALM BEACH GARDENS, FLORIDA that:
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SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2: The master development plan application of Mr. Ryan Johnston, of
Calalfumo Construction and Development, Inc., on behalf of PGA North I1 of Florida,
LLC, is hereby APPROVED on the following described real property, to permit the
development of 240,000 square feet of office use and 600,000 square feet of light
industrial use, including a maximum of 42,000 square feet of ancillary commercial use,
on 17 individual parcels within the 78.96-acre PGA Corporate Center PCD generally
bounded by Interstate 95 right-of-way and Military Trail to the west, the Winchester
Courts and Garden Woods residential developments to the north, Alternate A1A to the
east and PGA Boulevard to the south, subject to the conditions of approval contained
herein, which are in addition to the general requirements otherwise provided by ordinance:
LEGAL DESCRIPTION:
ALL THAT PORTION OF SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST
AND SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA, LYING SOUTHERLY OF PLAT NO. 4 OF THE CITY OF PALM BEACH
GARDENS, AS RECORDED IN PLAT BOOK 27, PAGES 4 THROUGH 6, AND ALSO
SOUTHERLY OF THE PLAT OF WINCHESTER COURTS, AS RECORDED IN PLAT
BOOK 37, PAGES 153 THROUGH 155, ALL OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; AND LYING EASTERLY OF THE EASTERLY RIGHT-
OF-WAY LINE OF INTERSTATE HIGHWAY 1-95; AND LYING NORTHERLY OF THE
NORTHERLY LiMlTED ACCESS RIGHT-OF-WAY LINE FOR SAID INTERSTATE
HIGHWAY 1-95 AND NORTHERLY OF THE NORTH RIGHT-OF-WAY LINE OF PGA
BOULEVARD; AND LYING WESTERLY OF THE WESTERLY RIGHT-OF-WAY LINE
OF THE FLORIDA EAST COAST RAILROAD.
LESS AND EXCEPTING THEREFROM THE FOLLOWING PARCEL AS IDENTIFIED
AS PARCEL 100, AS RECORDED IN OFFICIAL RECORD BOOK 10839, PAGE 1477,
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
LESS AND EXCEPTING THEREFROM THE PARCEL OF LAND CONVEYEO TO THE
OFFlCtAL RECORD BOOK 17322, PAGE 1841, AND OFFICIAL RECORDS BOOK
18372, PAGE 1906, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLO RI 0 A.
CITY OF PALM BEACH GARDENS BY THE RIGHT-OF-WAY DEED RECORDED IN
CONTAINING 3,439,345 SQUARE FEET OR 78.956 ACRES, MORE OR LESS.
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Date Prepared: October 19,2005
Resolution 166, 2005
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SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following two (2) waivers:
1. Section 78-506, Sidewalks, to allow a sidewalk on only the south side of
Kyoto Gardens Drive.
2. Section 78-563, Lake maintenance tracts, to allow for landscaping within the
Lake Maintenance Easement (LME) on the south side of the lake as
reflected on the approved site plan.
SECTION 4. Said approval is subject to the following conditions, which shall be
the responsibility of the Applicant, its successors, or assigns:
Planninq and Zoning
I. At the time of platting, the Applicant shall dedicate a 10' x 30' easement
along Kyoto Gardens Drive for a bus/trolley shelter. Within sixty (60) days
of a written determination from Palm Tran or the City Council that a
busltrolley shelter will be utilized on the subject site, the Applicant, its
successors, or assigns shall submit an application for an administrative
approval to allow for review and approval of the site plan, landscape plan,
and building elevations for the bus shelter. The bus shelter design shall be
consistent with the City Council's previous approval of such shelters. The
Applicant, its successors, or assigns shall be responsible for the
construction of a bus shelter in a timely manner to accommodate Palm
Tran's or the City's needs for the bus shelter. The bus shelter shall be
constructed within six (6) months of the approval of the administrative
amendment, unless another time frame is established in the administrative
approval. (Planning 8, Zoning)
2. Prior to the issuance of each permit for vertical construction, the Applicant
shall contribute one percent (1%) of the construction cost of the building(s)
towards art in public places regardless of whether or not said building(s)
exceeds the $1,000,000 threshold for vertical construction costs. Prior to
the issuance of each permit for vertical construction, the Applicant shall
submit to the City documentation showing that a deposit was made with the
developer's attorney into an escrow account in an amount of money equal
to the art fee. All of the art in public places funds collected on the Property
shall be utilized to create an art piece or series of art pieces that satisfy the
art in public p\aces requirements for all buildings on site. Said art shall be
approved by the City in accordance with the provisions of the LDRs; shall be
installed at the intersection of Kyoto Gardens Drive and RCA Center Drive,
subject to the approval of the City Engineer and City Forester, unless
otherwise determined by the Art in Public Places Advisory Board and the
City Council; and shall be installed prior to the last Certificate of Occupancy
on site, The parcels adjacent to the intersection shall dedicate an easement
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Date Prepared: October 19.2005
Resolulion 166, 2005
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on each lot for art in public places at the corners of the intersection during
the replat process for the parcels. The size of the easement shall be
determined during the site plan review process. Should the Applicant
choose not to provide the art on site, the Applicant shall instead contribute
the required funds to the City’s art account. If the Applicant chooses the
option of providing art funds, (1) the Applicant shall provide notification to
the City in writing that it has chosen the art funds option prior to the
issuance of the first building permit for vertical construction; (2) the
Applicant will have no input in the use of such funds; and (3) the art in public
places easements shall be abandoned. (Planning & Zoning)
Prior to the issuance of the first Certificate of Occupancy on site, the
Applicant shall obtain approval of a Master Signage Program for the
Property. (Planning & Zoning)
The Applicant shall provide vehicular connections between sites, where
appropriate and feasible, to the satisfaction of the Growth Management
Administrator and City Engineer, so that vehicles parked within the site that
wish to access RCA Center Drive may do so without having to utilize Kyoto
Gardens Drive. (Planning & Zoning)
The development on site shall be limited to a maximum of 600,000 square
feet of light industrial use and a maximum of 240,000 square feet of office
use. Any proposed increase in the office square footage that is determined
by staff to meet the thresholds established in the Florida Statutes for
Development of Regional Impact review shall be accompanied by a Letter of
Interpretation from the Florida Department of Community Affairs confirming
that the project is not required to undergo Development of Regional Impact
review. Any increase in the office square footage shall also be subject to
review by the City Council. (Planning & Zoning)
Prior to the issuance of each occupational license or building permit for
interior improvements to tenant spaces, the Applicant, its successors, or
assigns shall submit a breakdown, by use (office, industrial, and any
ancillary commercial), of the gross square footage within the PCD for
approval by the Planning and Zoning Division. (Planning & Zoning)
Retail sales and consumer services establishments are allowed only as
accessory uses to any permitted or conditional use within the M1 zoning
district. However, the commercial uses shall not occupy more than five
percent (5%) of the gross floor area of all buildings within the development.
(Planning & Zoning)
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Dale Prepared: October 19, 2005
Resolution 166. 2005
I a.
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During the period of effectiveness of this development order, the Applicant
shall annually provide the City with a status report on all the approved
elements of the PCD, including a summary of completed construction, a
schedule of proposed construction over the remaining life of the
development order, and verification of compliance with all conditions of
approval. The annual report should be provided each year prior to the
anniversary date of the approval of this Resolution. (Planning & Zoning)
Prior to the issuance of first Certificate of Occupancy on site or within sixty
(60) days of the acceptance of the Kyoto Gardens Drive construction by the
City, whichever comes first, the Applicant shall install at least two (2)
fountains within the lake, to the satisfaction of the City Engineer, at locations
approved by the Growth Management Administrator. (Planning & Zoning,
City Engineer)
The Public Access Easements that provide access to certain parcels from
Kyoto Gardens Drive shall have sidewalks on both sides, with a minimum
width of five (5) feet. (Planning & Zoning)
s 26 Landscaping
Applicants requesting site plan approval for the individual parcels within the
PCD shall send public notices via regular mail to all property owners within
500 feet of the PCD boundaries at least ten (10) days prior to any Planning,
Zoning, and Appeals Board or City Council meeting at which said site plan
application will tie heard. (Planning & Zoning)
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By January 30, 2006 (sixty (60) days from the date of this approval), the
Applicant shall submit a landscape plan, to the satisfaction of the City
Forester, for (I) the supplemental landscaping within the ten (10) acre
preserve and the landscape buffer on the north side of Kyoto Gardens
Drive; (2) the portion of RCA Center Drive extending from the Property to
the northern boundary of the RCA Center PUD located to the south of the
Property; (3) the western road shoulder of Alternate A1A from PGA
Boulevard to the northern boundary of the Property; and (4) the 'Alternate
A1A median from PGA Boulevard to Kyoto Gardens Drive. (City Forester)
Within six (6) months of the acceptance of the Kyoto Gardens Drive
construction by the City, the Applicant shall remove the exotics from and
install the supplemental landscaping within the ten (10) acre preserve in
accordance with the \andscape plan for the same approved by the City
Forester. (City Forester)
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Date Prepared: October 19,2005
Resolution 166,2005
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14. Within sixty (60) days of the acceptance of the Kyoto Gardens Drive
construction by the City, the Applicant shall remove the exotics from and
install the supplemental landscaping within the buffer on the north side of
Kyoto Gardens Drive adjacent to the lake in accordance with the landscape
plan for the same approved by the City Forester. (City Forester)
15. Prior to any clearing within the individual development parcels within the
Property, the Applicant shall obtain a Clearing Permit from the City Forester.
The clearing of the individual parcels shall not occur until such time when
the site plan and plat for the specific parcel are approved by the City
Council, and infrastructure construction plans for the parcel are approved by
the City Enginettr. Notwithstanding the foregoing, the Applicant may obtain
a Clearing Permit from the City Forester to clear portions of the individual
parcels prior to the approval of the site plan and plat for the specific parcel,
which clearing shall be strictly for the purposes of road andlor public
infrastructure construction. (City Forester)
16. The Applicant, its successors, or assigns shall be responsible for the
maintenance of the landscaping within (1) the portion of Kyoto Gardens
Drive from Military Trail to Alternate A1 A; (2) the western road shoulder and
one-half (1/2) of the median of Alternate A1A from PGA Boulevard to the
northern boundciry of the Property; and (3) the northern road shoulder and
one-half (112) of the median of PGA Boulevard from Alternate AlA to
Interstate 95. (City Forester)
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17. The landscaping within the road shoulder and medians of Kyoto Gardens
Drive and RCA Center Drive located within the Property, as well as the
portion of RCA Center Drive extending from the Property to the northern
boundary of the RCA Center PUD located to the south of the Property, shall
be completed when the construction of said roads are accepted by the City.
The landscaping within the western road shoulder of Alternate A1A from
PGA Boulevard to the northern boundary of the Property and the Alternate
A1A median from PGA Boulevard to Kyoto Gardens Drive shall be installed
within six (6) months of the issuance of the first clearing permit for an
individual parcel within the PCD. (City Forester)
18. In the event the City of Palm Beach Gardens, or another entity, forms a
special district pertaining to the landscape maintenance of contiguous
rights-of-way, then the PGA Corporate Center Property Owners Association,
its successors, or assigns shall automatically become a member of such
special district. This condition may be amended at any time by separate
agreement between the Applicant and the City of Palm Beach Gardens.
(City Forester)
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Date Prepared: October 19,2005
Resolution 166, 2005
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The build-out date for this project is December 31,2005. (City Engineer)
Prior to the issuance of the first land alteration permit, the Applicant shall
provide written authorization from all appropriate utility agencies for the
construction/landscaping/lighting within the respective utility easements.
(City Engineer)
Prior to the issuance of the first Certificate of Occupancy, reflectors per
FDOT Index 17349 shall be constructed at the temporary dead end of the
north-south roadway within Parcel 5A (if the roadway construction is not
fully completed to the south). (City Engineer)
Prior to the issuance of the final Certificate of Occupancy, the Applicant
shall construct littoral zones at the locations shown on the PCD Master
Plans. Fifty percent (50%) of the littoral zones, based on linear feet of lake
bank, shall be a shelf with a slope no steeper than one (1) foot vertical to
ten (IO) feet horizontal (?:10) to a distance no deeper than two (2) feet
below the control elevation. (City Engineer)
All trees planted within the littoral zone areas shall be restricted to the 1O:l
littoral shelves and must be approved by the City Forester. Trees shall be
planted in clusters no greater than 30 feet wide: and cluster trees cannot be
closer than 40 feet to another cluster; and single or cluster trees shall not be
planted closer than 75 feet to a drainage structure. (City Engineer)
By April 17, 2006 (four (4) months from the approval of this Resolution), the
Applicant shall plat the Property. No site plan applications for the individual
parcels within the PCD will be reviewed by the City’s Development Review
Committee until such time when the plat for the Property is approved by the
City Council. (City Engineer)
Within one hundred twenty (120) days from the issuance of each building
permit for vertical construction for an individual parcel, the parcel shall be
replatted. (City Engineer)
The Applicant shall copy to the City all permit and permit applications,
certifications, and approvals. (City Engineer)
The Applicant shall provide all necessary construction zone signage and
fencing as required by the City Engineer. (City Engineer)
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Date Prepared: October 19,2005
Resolulion 166.2005
28. The Applicant shall comply with the following:
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a. No building permits shall be issued for more than 3,137 daily external
trips until the provision of exclusive northbound dual left-turn lanes and
eastbound right-turn lane has commenced at the intersection of
Alternate AlA and Hood Road. This roadway improvement is not an
assured construction. Any approval above the 3,137 trips limit will be
contingent on the execution of a public facilities agreement for the
funding of this roadway improvement. (PBC Traffic Division)
b. No building permits shall be issued for more than 3,644 daily external
trips until the linkage roadway segment between Military Trail and
Alternate A1A (Kyoto Gardens Drive Extension), and the segment
running underneath the PGA flyover (RCA Center Drive) west of
AIternate A1A connecting Kyoto Gardens Drive to RCA Boulevard has
commenced. (PBC Traffic Division)
c. No building permits shall be issued for more than 4,100 daily external
trips until the addition of an eastbound right-turn lane, westbound right-
turn lane, and northbound right-turn lane has commenced at the
intersection of Alternate A1A and RCA Boulevard. (PBC Traffic
Division)
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d. No building permits shall be issued for more than 4,562 daily external
trips until the widening of Alternate AIA to six (6) lanes from PGA
Boulevard to RCA Boulevard has commenced. This roadway
improvement is not an assured construction. Any approval above the
4,562 trips limit will be contingent on the execution of a public facilities
agreement for the funding of this roadway improvement. (PBC Traffic
Division)
e. No building permits shall be issued for more than 4,948 daily external trips until the addition of a southbound through lane has commenced at
the intersection of Alternate A1A and Donald Ross Road. This roadway
improvement is not an assured construction. Any approval above the
4,948 trips limit will be contingent on the execution of a public facilities
agreement for the funding of this roadway improvement. (PBC Traffic
Division)
f. Prior to the issuance of the building permit for vertical construction for
any parcel, the Applicant shall submit a trip generation analysis
identifying the number of trips generated by all existing development
within the PCD and the trips generated by the parcel under development
consideration. (City Engineer)
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Date Prepared: October 19,2005
Resolution 166, 2005
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29. Prior to construction plan approval or the issuance of the first land alteration
permit, whichever occurs first, the Applicant shall provide surety for public
infrastructure and all landscaping and irrigation costs for the overall project
infrastructure which are not included in the previously-submitted bonds for
the public roads within the Property (Bond No. 964004234). The required
surety shall be based on a cost estimate for the project, including public
infrastructure and all landscaping and irrigation costs, that shall be reviewed
and approved by the City in order to establish surety. The cost estimate
shall be signed and sealed by an engineer and landscape architect
registered in the State of Florida. Surety will be based on 110% of the total
combined approved cost estimates and shall be posted with the City prior to
the issuance of the first building permit. This surety is separate from that
which will be required for each individual lot as each is developed. (City
Engineer)
30. Prior to construction plan approval or the issuance of the first land alteration
permit, whichever occurs first, the Applicant shall provide a cost estimate for
the on-site project improvements for the overall project, not including public
infrastructure, landscaping, and irrigation costs, for review and approval by
the City. Said cost estimate is separate from those cost estimates which will
be required for each individual lot as each is developed. The cost estimate
shall be signed and sealed by an engineer and shall be posted with the City
prior to the issuance of the first building permit. (City Engineer)
31. The Applicant shall comply with all Federal EPA and State of Florida
Department of Environmental Protection NPOES permit requirements,
including, but not limited to, preparation of a stormwater pollution prevention
plan and identification of appropriate Best Management Practices, as
generally accepted by the Environmental Planning Agency (EPA) andlor
local regulatory agencies, for construction activities, submission of a Notice
of Intent to EPA or its designee, implementation of the approved plans,
inspection and maintenance of controls during construction, and submission
of a Notice of Termination. (City Engineer)
32. Prior to the issuance of the first land alteration permit, the Applicant shall
provide a construction plan for review and approval. All plans and support
documentation, submitted by the Applicant for review by the City Engineer,
shall be signed and sealed by a professional engineer licensed in the State
of Florida. (City Engineer)
33. Prior to construction plan approval and the issuance of the first land
alteration permit, the Applicant shall provide a paving, grading, and drainage
plan along with surface water management calculations and hydraulic pipe
calculations for City review and approval. The paving, grading, and
drainage plan and calculations shall be signed and sealed by a professional
engineer licensed in the State of Florida. (City Engineer)
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Dale Prepared: October 19,2005
Resolution 166,2005
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34. Prior to construction plan approval and the issuance of the first building
permit, the Applicant shall schedule a pre-permit meeting with City staff.
(City Engineer)
35. Whenever possible, development application submittals made to the Growth
Management Department for the individual parcels within the PCD shall
include both electronic and hard copies of all documents submitted to the
satisfaction of the City Engineer and Growth Management Administrator.
Notwithstanding the foregoing, CAD files of the areas designated on a site
as open space shall be included in all development submittals to the
satisfaction of the City Forester. (City Engineer)
Miscellaneous
36. Required digital files of the approved PCD master plan and plat shall be
submitted to the Planning and Zoning Division prior to the issuance of the
first Certificate of Occupancy, and approved civil design and architectural
drawings for each site shall be submitted prior to the issuance of the
Certificate of Occupancy for each site. (GIs Manager, Development
Compliance Officer)
37. Prior to the issuance of the first Certificate of Occupancy, the master
property owners association documents and restrictions, which shall include
' disclosure language regarding the potential widening of the RCA Center
Drive to four (4) lanes, shall be furnished by the Applicant to the City
Attorney for review and approval prior to such documents being recorded in
the Public Records of Palm Beach County. (City Attorney)
38. Any office space within an individual parcel that is ancillary to a principal
industrial use on the parcel shall be limited to a maximum of 40% of the
square footage on site in order to be classified as being ancillary to the
industrial use. Any office space beyond said threshold shall be required to
count towards the office use on site. (Planning & Zoning)
SECTION 5. This Planned Community Development shall be constructed in
compliance with the following plans on file with the City's Growth Management
Department:
1. Sheets 2 of 6 through 6 of 6: Site Plans and Details, prepared by Cotleur
Hearing, last sealed on November 18, 2005, and received and stamped by
the City on November 18,2005.
2. Sheets 1 of 4 through 4 of 4: Roadway Landscape Plans and Details,
prepared by Cotleur Hearing, last sealed on November 18, 2005, and
received and stamped by the City on November 18,2005.
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Oate Prepared: October 19,2005
Resolufion 166, 2005
SECTION 6, This approval shall be consistent with all representations made by
SECTION 7, This Resolution shall become effective immediately upon adoption.
the Applicant or Applicant's agents at any workshop or public hearing.
$r PASSED AND ADOPTED this day of DEh gb?L ,2005.
ATTEST: Y
BY:
Patricia Snider, CMC, City tlerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
VOTE: AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR JABLIN ---
COUNCILMEMBER LEVY ---
COUNCILMEMBER VALECHE ---
COUNCILMEMBER BARNETT ---
\\PbgsBleWttorney\atlcmey-share\RESOLUTlONS\SA - reso 166 2005-as amended-1 2- 1 .OS.doc
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LANDSCAPE SPEUFICARONS (conr.)
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c
As Amended by Council: January 6,2005
Date Prepared: September 17,2004
RESOLUTION 196,2004
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4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
5 __ BEACH GARDENS, FLORIDA APPROVING THE MASTER
DEVELOPMENT PLAN FOR THE PALOMA PLANNED UNIT 6
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DEVELOPMENT (PUD), GENERALLY LOCATED SOUTH OF HOOD
ROAD, WEST OF MILITARY TRAIL, EAST OF CENTRAL
BOULEVARD, PARCEL 31.04 (MXD), AND INTERSTATE HIGHWAY
95, AND NORTH OF THE SABAL RIDGE PLANNED UNIT
DEVELOPMENT (PUD), AS DESCRIBED MORE PARTICULARLY
HEREIN, TO ALLOW FOR 199 SINGLE-FAMILY DWELLING UNITS,
196 MULTI-FAMILY DWELLING UNITS, AND ACCESSORY
STRUCTURES I USES; PROVIDING FOR WAIVERS; PROVIDING
FOR CONDITIONS OF APPROVAL; AND PROVIDING AN
EFFECTIVE DATE.
WHER€AS, the City Council, as the governing body of the City of Palm Beach
Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida
Statutes, and the City’s Land Development Regulations, is authorized and empowered
to consider petitions related to zoning and land development orders; and
WHEREAS, the City of Palm Beach Gardens received an application (PUD-04-
05) for a rezoning to Planned Unit Development (PUD) with an underlying zoning district
of Residential Low (RL-3) and approval for a master site plan for 199 single-family units
and 196 multi-family units on an approximately 156.46-acre site, generally located at the
southwest corner of Hood Road and Military Trail, which lies within the municipal
boundaries of the City of Palm Beach Gardens, as more particularly described herein;
and
WHEREAS, the subject site has been zoned to Planned Unit Development
(PUD) Overlay with an underlying zoning of Residential Low (RL-3); and
WHEREAS, the Master Development Plan was reviewed by the Planning,
Zoning, and Appeals Board at a public hearing conducted on July 27, 2004, which
recommended approval of the Master Development Plans to the City Council with a
vote of 5-0; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Petitioner and other interested parties and the recommendations of
the various City of Palm Beach Gardens review agencies and staff; and
WHEREAS, the City Council has determined that adoption of this Resolution is in
the best interest of the citizens and residents of the City of Palm Beach Gardens; and
Date Prepared: September 17,2004
Resolution 196.2004
WHEREAS, the City Council has determined that this Resolution is consistent 6 with the City's Comprehensive Plan based on the following findings of fact:
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1. The applicant has met the intent of the City's Comprehensive Plan, and the
proposed development is consistent with the Comprehensive Plan.
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2. The applicant has demonstrated compliance with the City's Land
Development Regulations.
3. The proposed use is not a detriment to the public safety and welfare within
the City of Palm Beach Gardens.
4. The applicant has provided adequate screening and buffering in order to
mitigate the impact of the proposed development,
5. The proposed uses and site plan are in harmony with the general purpose
and intent of the Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The Master Development Plan application for Paloma Planned Unit
Development (a.k.a. Parcel 318) is hereby APPROVED on the foltowing described real
property to permit the development of 199 single-family dwelling units and 196 multi-
family townhomes, with accessory structures, on a 156.46-acre site located at the
southwest comer of Hood Road and Military Trail, subject to the conditions of approval
contained herein, which are in addition to the general requirements otherwise provided by
ordln a n ce:
LEGAL DESCRIPTION:
PARCEL 31.03
A PARCEL OF LAND SITUATE IN SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42
EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS,
PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICUMRLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF
SAID SECTION 1; THENCE SOUTH 88'34'52'' EAST, ALONG THE NORTH LINE
LINE OF INTERSTATE 95 AND THE POINT OF BEGINNING OF THE HEREIN
WAY LINE, A DlSTANCE OF 484.81 FEET: THENCE SOUTH 31'40'34" EAST,
OF SAID SECTION, A DISTANCE OF 694.49 FEET TO THE EAST RIGHT-OF-WAY
DESCRIBED PARCEL; THENCE SOUTH 30'31'49" EAST, ALONG SAID RIGHT-OF-
CONTINUING ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 1,199.30 FEET
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Date Prepared: September 17,2004
Resolution 196,2004
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TO A CURVE HAVING A RADIAL BEARING OF NORTH 58'19'26" EAST, A RADIUS
OF 3,180.04 FEET, AND A CENTRAL ANGLE OF 1'05'46"; THENCE PROCEED
WAY LINE, A DISTANCE OF 60.84 FEET TO THE END OF SAID CURVE; THENCE
DISTANCE OF 280.19 FEET: THENCE NORTH 01'43'40 I' EAST, A DISTANCE OF
1,466.97 FEET TO THE NORTH LINE OF SAID SECTION; THENCE NORTH
88'34'52" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 1,233.20 FEET TO
THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL.
SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE AND RIGHT-OF-
SOUTH 88'32'18" EAST, DEPARTING FROM SAID RIGHT-OF-WAY LINE, A
TOGETHER WITH A PORTION OF PAKCELS 31.04 AND 31.05;
A PARCEL OF LAND SITUATE IN SECTION 36, TOWNSHIP 41 SOUTH, RANGE 42
EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS,
PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER
OF SAID SECTION 36, THENCE NORTH 88'34'52" WEST, ALONG THE SOUTH LINE
OF SAID SECTION 36, A DISTANCE OF 107.00 FEET TO THE POINT OF
BEGINNING. THENCE NORTH 88'34'52" WEST, ALONG SAID SOUTH LINE, A
95 AS DESCRIBED IN OFFICIAL RECORD BOOK 5805, PAGE 181 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 30'31'49
DISTANCE OF 456.20 FEET; THENCE NORTH 01'25'08 WEST, A DISTANCE OF
341.92 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE WEST
HAVING A RADIUS OF 3,100.00 FEET AND A CENTRAL ANGLE OF 13'25'31";
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF
726.38 FEET TO A POINT OF A REVERSE CURVE CONCAVE TO THE EAST,
HAVING A RADIUS OF 1,146.00 FEET AND A CENTRAL ANGLE OF 28'21'19";
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF
567.15 FEET; THENCE NORTH 16'20'57" EAST, A DISTANCE OF 957.79 FEET TO A
RADIUS OF 1,149.42 FEET, A RADIAL BEARING OF NORTH 15'07'32" EAST AND A
CENTRAL ANGLE OF 09'27'21"; THENCE WESTERLY ALONG THE ARC OF SAID
CURVE, A DISTANCE OF 189.70 FEET; THENCE NORTH 66'38'32'' WEST, A
CENTRAL BOULEVARD AS SHOWN ON ROAD PLAT BOOK 6, PAGE 88 AND AS
OESCRIBED IN OFFICIAL RECORD BOOK 5104, PAGE 945 OF SAID PUBLIC
RECORDS, SAID POINT BEING ON A CURVE HAVING A RADIAL BEARING OF
NORTH 82'01'30" WEST, A RADIUS OF 1,969.86 FEET, AND A CENTRAL ANGLE
DISTANCE OF 1,827.08 FEET TO THE EAST RIGHT-OF-WAY LINE OF INTERSTATE
WEST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 30.29 FEET; THENCE
DEPARTING SAID EAST RIGHT-OF-WAY LINE NORTH 88"34'52" WEST, A
POINT ON A NON-TANGENT CURVE CONCAVE TO THE NORTH, HAVING A
DISTANCE OF 316.95 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF
OF 27'1 1'16; THENCE PROCEED ALONG THE ARC OF SAID CURVE AND RIGHT-
OF-WAY LINE, A DISTANCE OF 934.73 FEET TO THE END OF SAID CURVE;
THENCE NORTH 00'47'15" EAST, CONTINUING ALONG SAID RIGHT-OF-WAY
LINE, A DISTANCE OF 217.50 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF
HOOD ROAD AS DESCRIBED IN DEED BOOK 1083, PAGE 141 OF SAID PUBLIC
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Date Prepared: September 17,2004
Resolution 196,2004
RECORDS; THENCE SOUTH 88'08'02" EAST, ALONG SAID SOUTH RIGHT-OF-
WAY LINE, A DISTANCE OF 1,476.78 FEET TO A POINT ON THE WEST RIGHT-OF- 6 3 WAY LINE OF MILITARY TRAIL AS DESCRIBED IN DEED BOOK 815, PAGE 581,
4 OFFICIAL RECORD BOOK 2353, PAGE 1542, AND OFFICIAL RECORD BOOK 7483,
5 PAGE 1746 OF SAID PUBLIC RECORDS; THENCE SOUTH 43'26'57" EAST,
-6 ALONG- SAID RIGHT-OF-WAY LIN€ DESCRIBED IN OFFICIAL RECORD BOOK
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7483, PAGE 1746, A DISTANCE OF 56.25 FEET; THENCE CONTINUING ALONG
FEET; THENCE SOUTH OO"18'53" WEST A DISTANCE OF 250.03 FEET TO A
IN OFFICIAL RECORD BOOK 2353, PAGE 1542; THENCE SOUTH Ol"13'53" WEST
THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST, HAVING A
RADIUS OF 22,858.31 FEET AND A CENTRAL ANGLE OF 02'34'09'; THENCE
DISTANCE OF 1,025.00 FEET TO A POINT OF REVERSE CURVATURE OF A
CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 22,978.31 FEET AND A
WAY LINE AND ARC OF SAID CURVE A DISTANCE OF 832.17 FEET TO THE
POINT OF TANGENCY; THENCE SOUTH 01'43'37'' WEST A DISTANCE OF 200.84
FEET TO THE POINT OF BEGINNING.
SAID RIGHT-OF-WAY LINE SOUTH 01'13'53'' WEST A DISTANCE OF 261.11
POINT ON THE WEST RIGHT-OF-WAY LINE OF MILITARY TRAIL AS DESCRIBED
ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 1,252.43 FEET TO
SOUTHERLY ALONG SAID RIGHT-OF-WAY LINE AND ARC OF SAID CURVE A
CENTRAL ANGLE OF 02"04'30"; THENCE SOUTHERLY ALONG SAID RIGHT-OF-
CONTAlNlNG 6,815,592.28 SQUARE FEET OR 156.46 ACRES, MORE OR LESS.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the fo\lowing waivers:
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Waiver to Section 78-441 (c), Plat, to allow issuance of permits for model
homes for the project prior to adoption of the Plat. The City's Land
Development Regulations require adoption of a project plat prior to issuance
of permits for development.
Waiver to Section 78-141, Minimum lot area, to allow a reduction in the
minimum lot area to 3,220 square feet for the townhomes and 6,000 square
feet for the slngle-family homes. The City's Land Development Regulations
require a minimum lot area of 6,500 square feet.
Waiver to Section 78-141, Minimum lot width, to allow a reduction in the
minimum lot width to 28 feet for the townhomes and 50 feet for the single-
family homes, The City's Land Oevelopment Regulations require a
minimum lot width of 65 feet.
Waiver to Section 78-141 , Minimum lot coverage, to allow an increase in the
maximum lot coverage to 50% for the townhomes and 45% for the single-
family homes. The City's Land Development Regulations require minimum
lot coverage of 35%.
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Oate Prepared: September 17,2004
Resolution 196,2004
5. Waiver to Section 78-141 , Minimum side setback, to allow a reduction in the
minimum side setback to 7.5'10' feet for the townhomes and 5 feet for the
single-family homes. The City's Land Development Regulations require a
minimum side setback of 7.5' or 10% of the lot width, whichever is greater.
6; Waiver to Section 78-141 , Minimum rear setback, to allow a reduction in the
minimum rear setback to 5 feet (screensldecks) for the townhomes and 5
feet (screensldecks) I 7 feet (pool) setbacks for the single-family homes.
The City's Land Development Regulations require a minimum rear setback
of 10 feet.
7. Waiver to Section 78-285, Signs for residential development, to allow a
double-faced sign within the entry median to each residential parcel. The
City's Land Development Regulations allow one sign face.
SECTION 4. Said Planned Unit Development is approved subject to the
following conditions, which shall be the responsibility of the applicant, its successors, or
assigns:
Landscaping and Maintenance
1. Landscaping and irrigation within medians and adjacent roadway shoulders
for Military Trail, Central Boulevard, and Hood Road shall be installed within
six (6) months of the issuance of the first clearing permit. A one-time six (6)
month extension to complete buffer and improvements may be granted by
the Growth Management Director upon review of sufficient justification. The
Growth Management Department shall inspect the supplemental planting for
the presewe areas and buffers where voids in groundcover and shrubs
occur in order to screen the project. The City Forester and Landscape
Architect of Record shall work together on a plan, if necessary, to fill any
voids with additional landscaping, as required, achieving said screening for
the preserve area. (City Forester)
2. Landscaping and irrigation within medians and adjacent roadway shoulders
for the East-West Roadway and the North-South Roadway shall be installed
prior to the issuance of the first Certificate of Occupancy. A one-time six (6)
month extension to complete buffer improvements may be granted by the
Growth Management Director upon review of sufficient justification. (City
Forester)
3. The applicant, successors, or assigns shall be responsible for the landscape
maintenance of the medians (including irrigation) and road shoulders, as
well as maintenance of lighting and hardscape within those sections of
public rights-of-way adjacent andlor contiguous to the Paloma Planned Unit
Development (PUD), including:
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Date Prepared: September 17,2004
Resolution 196,2004
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(a) Military Trail from the southern terminus of the site to Hood Road. The
applicant shall pay the City its pro-rata share of the total cost of
maintenance of the median.
(b) Hood Road from Military Trail to Central Boulevard. The applicant shall
pay the City its pro-rata share of the total cost of maintenance of the
median.
(c) The internal East-West Roadway and North-South Roadway within the
internal limits of the Planned Unit Development.
(d)Central Boulevard from Hood Road to the southern terminus of the site,
(City Forester)
The applicant shall be required to provide pedestrian scale (maximum
fourteen foot (14') height) lighting along the pedestrian pathways along
Military Trail, Hood Road, and Central Boulevard. The lighting plan for the
meandering pedestrian sidewalk within the parkwaylpreserve area shall be
submitted within thirty (30) days of approval. (Planning & Zoning)
The applicant shall place all utility lines underground along Military Trail and
any utility lines along Central Boulevard that cross City roadways. (City
Forester, Planning & Zoning)
Development Order Condition No. 3 may be amended by separate
agreement with the City. (City Forester)
Within six (6) months of issuance of the clearing permit, the applicant shall
replace all existing Ribbon Palms with Sabal Palms within the adjacent
Military Trail medians. (Planning & Zoning)
The recreation area in Parcel B (including, but not limited to, building
facilities, pool, landscaping, hardscape, and accessory structures) and the
entry road landscaping for Parcels A and B (pod of development) shall be
completed and Certified for Occupancy prior to issuance of the Certificate of
Occupancy for the ninety-eighth (9Sa) residential unit within Parcels A and €3
combined. The recreation area and entryway improvements in Parcel C
shall be completed prior to the issuance of the Certificate of Occupancy for
the one hundredth (100') residential unit in Parcel C. (City Forester)
Prior to the issuance of the final Certificate of Occupancy, the applicant shall
remove all exotic vegetation from the preserve areas. No non-native plant
may be established in a preserve area. (City Forester)
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Date Prepared: September 17,2004
Resolutlon 196,2004
Transportation I Traffic Concurrency
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The project buildat date is December 31 , 2007. (City Engineer)
Applicant shall comply with any and all Palm Beach County Traffic
Division Concurrency conditions as outlined in the PBC Traffic Concurrency
approval. (City Engineer)
No more than 3,260 net new external daily trips shall be permitted until the
contract has been let for the construction of Kyoto Gardens Drive from
Military Trail to Alternate A1 A. (City Engineer)
The applicant, successors, or assigns shall monitor traffic operations studies
(supplemental operations analysis) of the East-West Roadway and Military
Trail intersection beginning during peak season after the issuance of the
first certificate of occupancy and every six (6) months thereafter until the
build-out date. Should the study indicate a need for any
roadwaylintersection improvements as determined by the City Engineer, the
applicant, successors, or assigns shall be responsible. The City shall
reimburse the applicant for the cost of any roadway improvements to the
extent that the City collects pro-rata funds from other developments having
an impact on the intersections as determined in their development orders.
(City Engineer)
For all improvements that are not assured construction, the developer shall
enter into a Public Facility Agreement (PFA) with Palm Beach County for
funding of the roadway improvements in a form acceptable to the County
Engineer, within six (6) months of the issuance of the development order
and before the first permit is issued. (Palm Beach County)
15. Prior to the issuance of the first building permit for any structure, the
applicant shall provide surety, acceptable to the City, for the construction of
the public improvements. The applicant shall provide an annual evaluation
and adjustment of the surety for the public improvements to account for
inflation and fluctuations of construction costs. The annual evaluation and
adjustment shall be performed prior to the anniversary of the Development
Order approval of each year. (City Engineer)
16. Upon receipt of this development order and continuing through substantial
completion of construction, the petitioner shall bi-annually provide the City
with a status report on all the approved elements of the PUD, including, but
not limited to, the compliance or status of any conditions of approval placed
on the project by this approval and any future approval until the project is
completed, as well as a summary of completed construction and schedule
of proposed constmtion over the remaining life of the development order.
(Planning & Zoning, City Engineer)
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Date Prepared: September 17,2004
Resolution 196,2004
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17. Commencing after the issuance of certificates of occupancy for fifty percent
(50%) (197 dwelling units) of the residential units, the applicant shall
perform and submit an annual Signal Warrant Study for the intersection of
the East-West Roadway and Military Trail. The methodology of the traffic
analysis shall be determined by the City Engineer. The annual traffic
analysis shall be conducted until such time as signals are warranted at the
above-described intersections or until two (2) years after issuance of
certificates of occupancy for ninety percent (90%) or 355 dwelling units of
the project. Should the warrant indicate a need for a signal at the East-
West Roadway and Military Trail, the applicant, successors, or assigns shall
be required to install the signal. The signal shall be installed to be fully
operational, including all appropriate lane geometry (as determined by Palm
Beach County and the Florida Department of Transportation), pavement
markings, signage, and lighting. The City shall reimburse the applicant for
the cost of the signal and installation to the extent that the City collects pro-
rata funds, as determined by the City Engineer, from other developments
having an impact on the intersections as determined in their development
orders. (City Engineer)
18. The plats for Paloma, the North-South thoroughfare, and the East-West
thoroughfare, including the dedications for the drainage easements and
roadway easements, shall be submitted to and approved by the City and
placed in the official record books of Palm Beach County prior to the
issuance of the first building permit, excluding clearing permits and model
homes. (City Engineer)
19. The applicant, successors, or assigns shall pay their fair share (pro-rata
share) for a traffic light as determined by the City Engineer when one is
warranted and approved by Palm Beach County for the intersection of the
East-West roadway and Central Boulevard. (Planning & Zoning)
20. Prior to the issuance of the first Certificate of Occupancy, the East-West
thoroughfare (from Military Trail to Central Boulevard) and the North-South
thoroughfare (from Hood Road south to the southern terminus of the
western entrance of Parcel C) must be completed (including irrigation,
hardscape, and landscaping) and accepted by the City. (City Engineer, City
Forester)
Crime Prevention Throuqh Environmental Design (CPTEDI
21. The applicant shall provide metal halide lighting within the entire amenity
(recreation) area and along the entryway leading into the recreation area.
The applicant may provide high-pressure sodium lighting within the
remainder of the residential community. (Police)
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Date Prepared: Seplernber 17,2004
Resolution 196, 2004
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22. The applicant shall construct the development in accordance with Crime
Prevention Through Environmental Design (CPTED) principles, which
consist of the following:
(a) Landscaping shall not conflict with lighting, including long-term tree
growth.
(b) A timer clock or photocell sensor engaged lighting shall be installed
above or near entryways to residences and all sidewalks.
(c) Pedestrian walkways shall use lighting that is no greater than fourteen
(14) feet in height.
(d) Numerical addresses shall be illuminated for nighttime visibility, shall
have bi-directional visibility from the roadway, and shall be a minimum of
six (6) inches in height. (Police)
Miscellaneous
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Prior to the issuance of any building permit, the applicant shall:
(a) Provide a street address system depicting street names and residential
numericals for emergency response purposes. Address system
depiction shall be in 8.5” X 11“ map format. (Police)
(b) Install and have operational temporary roadways and fire hydrants
approved by the City Engineer and Fire Department for all of the dry
models. (Engineering, Fire).
Required digital files of the approved plat shall be submitted to the Planning
and Zoning Division prior to the issuance of the first building permit, and
approved civil design and architectural drawings shall be submitted prior to
the issuance of the first Certificate of Occupancy. (GIS Manager,
Development Compliance Officer)
Prior to the issuance of the first Certificate of Occupancy of a residential
unit, the applicant shall submit the Master Property Owners Association and
HOmeOWn8rS Association documents to the City Attorney for review and
approval prior to such documents being recorded in the Public Records of
Palm Beach County. (City Attorney)
Prior to issuance of the first building permit, the petitioner shall submit to the
City Attorney and the Planning and Zoning
demonstrating unity of control by the petitioner or
association over the entire PUD, (City Attorney)
Division documents
the property owners
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Date Prepared: September 17,2004
Resolution 196.2004
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27. Prior to issuance of the first Certificate of Occupancy, the applicant,
successors, or assigns shall install an aeration system within all lakes
located within the subject project and shall bear the perpetual responsibility
of maintenance of such system. (Planning & Zoning)
Endnee ring
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Six (6) months after issuance of the first residential building permit and
semiannually thereafter until issuance of the final certificate of occupancy
the applicant, successors, or assigns shall submit a report showing the
number of approved permits and certificates of occupancy issued to date.
(City Engineer)
The applicant shall provide all necessary construction zone signage and
fencing as required by the City Engineer. (City Engineer)
The applicant shall submit construction plans for City review and approval
and surety for demolition and lien protection prior to the issuance of the
building permit for any dry models. Prior to occupancy, the plat shall be
approved and construction of a stabilized emergency access drive shall be
completed and accepted by the City Engineer and City's Fire Department.
The following standard dry model conditions of approval apply:
(a) Prior to the issuance of the first building permit, the applicant shall post
a letter of credit for the model units in the amount of one-third (113) the
construction cost per model for the purposes of demolition and lien
protection, to be determined by the City Engineer, to remain in effect
until the plat is recorded. (City Engineer)
(b) No access by the general public shall be allowed to a model home until
the Certificate of Completion is issued. (Code Enforcement)
(c) No individual lots shall be allowed to transfer title until the plat has been
recorded. (City Engineer)
(d) The applicant acknowledges that the waiver granted from the
platting requirement is at the applicant's risk and that any potential
construction changes to the model homes due to the eventual plat
recordation is the sole responsibility of the applicant. (City Engineer)
(e) Prior to the issuance of the first Certificate of Occupancy for the model
units, the applicant shall construct accessible and operational fire
hydrants and a stabilized road base, subject to City standards, for
firehmergency access, both of which shall be approved by the City
Engineer and Fire Department. (City Engineer, Fire Rescue)
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Date Prepared: September 17,2004
Resolution 196, 2004
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Prior to the issuance of the first building permit, the applicant shall provide
construction plans of the Temporary Sales Center and Temporary
Construction Center for review, and shall provide a cost estimate for City
review and approval for demolition and lien protection. (City Engineer)
Prior to the issuance of the first building permit, the applicant shall provide a
pavement marking and signage plan for review and approval. (City
Engineer)
Prior to issuance of the first building permit, including the building permit for
clearing and grubbing, the applicant shall provide drainage calculations and
design data, to the satisfaction of the City Engineer, for the suitability of the
20-foot and 25-foot pass-through drainage easements from lands lying
south of Sable Ridge subdivision to the canal right-of-way. (City Engineer)
Prior to Construction Plan review, the applicant shall provide a Paver Block /
Concrete Ribbon detail for review meeting the City's structural number
requirements in accordance with LDR Section 78-499. (City Engineer)
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SECTION 5. Said Planned Unit Development shall be constructed in compliance
with the following plans on file with the City's Growth Management Department:
1. Paloma Overall Site Plan, Site Data & Details, 08.02.2004, UDS, Sheets 1
through 7.
2. Paloma Gateway & Entrance Details, 08.02.2004, UDS, Sheets SD-1
through SD-10.
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11.
Paloma Parcel A, B & C Entrance Planting Plan, Common Area, &
Prototype LandscapinglPlanting Plans, 08.02.2004, Sheets Ll through L21,
Buffer Plans, 06.1 1.2004, UDS, Sheets L-01 through L-14.
Single-Family Product Design 21 42, 11. IO.04, Harrington, 4 sheets.
Single-Family Product Design 2790, 11.10.04, Harrington, 4 sheets.
Single-Family Product Design 2641 , 11.10.04, Harrington, 4 sheets.
Single-Family Product Design 3017, 11.10.04, Harrington, 4 sheets.
Single-Family Product Design 3325, 1 1.10.04, Harrington, 4 sheets.
Single-Family Product Design 3521, 11.10.04, Harrington, 4 sheets.
Townhome Product Design 'A", 11.01.04, Harrington, 8 sheets.
Date Prepared: September 17,2004 Resolution 196, 2004
12. Townhome Product Oesign "E!", 11.01.04, Harrington, 8 sheets.
13. Townhome Product Design "C". b
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SECT\ON 6. Said approval shall be consistent with all representations made by
SECTION 7. This Resolution shall become effective immediately upon adoption,
the applicant or applicant's agents at any workshop or public hearing.
(The remainder of this page left intentionally blank)
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Date Prepared: September 17,2004
Resolution 196,2004
PASSED AND ADOPTED this 6.p day of T%JW ,2005.
ATTEST:
BY: - Patricia Snider, Cityklerk
BY:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
VOTE: AYE NAY ABSENT
J --- MAYOR JABLIN
/ VICE MAYOR RUSSO ---
COUNCILMEMBER DELGADO
-I_- /
COUNCILMEMBER VALECHE --- J
--- / COUNCiLMEMBER LEVY
FLORIDA
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I
Date Prepared: November 9,2004
1
RESOLUTION 21 6,2004
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
-BEACH GARDENS, FLORIDA APPROVING THE MASTER
PROPERTY, KNOWN AS THE “RCA CENTER PUD” (A.K.A.
“PARCEL 58’9, LOCATED AT THE SOUTHWEST CORNER OF
ALTERNATE AIA AND PGA BOULEVARD, AS MORE
PARTICULARLY DESCRIBED HEREIN, TO ALLOW THE
DEVELOPMENT OF ~~0,~Oo SQUARE FEET OF RETAlL USE,
100,000 SQUARE FEET OF OFFICE USE, AND 50,000 SQUARE
FEET OF INDUSTRIAL USE; PROVIDING FOR WAIVERS;
PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING
AN EFFECTIVE DATE.
DEVELOPMENT PLAN FOR THE APPROXIMATELY 30=ACRE
WHEREAS, the City Council, as the governing body of the City of Palm Beach
Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida
Statutes, and the City‘s Land Development Reguiations, is authorized and empowered
to consider petitions related to zoning and land development orders; and
WHEREAS, the City has received an application (PUD-04-04) from Mr. William
D. Waters of REG Architects, Inc., on behalf of RCA Center Ill LLC, for master
development approval to allow the development of 150,000 square feet of retail use,
100,000 square feet of office use, and 50,000 square feet of industrial use on an
approximately 30-acre parcel of land, known as the “RCA Center PUD” (a.k.a. “Parcel
5B”), generally located on the southwest corner of Alternate AIA and PGA Boulevard,
as more particularly described herein; and
WHEREAS, the subject site has been rezoned to a Mixed Use Planned Unit
Development (MXD PUD) with an underlying zoning of Mixed Use (MXD); and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that It is sufficient and is consistent with the City’s Comprehensive Plan
and Land Development Regulations, and has recommended its approval; and
WHEREAS, the Planning, Zoning and Appeals Board reviewed said petition at its
November 23,2004, meeting and recommended its approval; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Petitioner and other interested parties and the recommendations of
the various City of Palm Beach Gardens review agencies and staff; and
Date Prepared: November 9,2004
Resolution 216, 2004
I WHEREAS, the City Council has determined that adoption of this Resolution is in
the best interest of the citizens and residents of the City of Palm Beach Gardens. 0
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6-0F PALM BEACH GARDENS, FLORIDA that:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
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SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The Master Development Plan application of Mr. William D. Waters
of REG Architects, Inc., on behalf of RCA Center II, LLC, is hereby APPROVED on the
following real described property, to permit the development of 150,000 square feet of
retail use, 100,000 square feet of office use, and 50,000 square feet of industrial use on
an approximately 30-acre parcel of land, known as “Parcel 5B,” generally located on the
southwest corner of Alternate A1A and PGA Boulevard, subject to the conditions of
approval contained herein, which are in addition to the general requirements otherwise
provided by ordinance:
LEGAL DESCRIPTION:
ALL OF THE PLAT OF THE MACARTHUR PARCEL 56, RECORDED IN PLAT BOOK
96, PAGE 79, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
CONTAINING IN ALL 1,308,146 SQUARE FEET OR 30.03 ACRES, MORE OR LESS.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following eight (8) waivers:
1.
2.
3.
4.
Section 78-563, Lake maintenance tracts, to allow encumbrances with
certain Lake Maintenance Easements (LME) in .specific areas identified on
the approved development plan.
Section 78-285, Permitted signs, to allow for certain retail tenants in
buildings containing multiple street frontages to have two (2) signs per
tenant, and buildings containing multiple street frontages to have two (2)
principal tenanvbuilding ID signs, subject to the conditions relating to the
same contained herein.
Section 78-285, Permitted signs, to allow for principal tenanvbuilding ID
signs to be located above the first story.
Section 78-508, Intersections, to allow for street intersections with a
centerline separation of less than 150 feet.
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Date Prepared: November 9,2004
Resolution 216, 2004
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Section 78-306(d), Easement encroachment, to allow for 12 feet of a
required 20-foot landscape buffer along the easternmost property line to be
encumbered by a utility easement.
Section 78-374(h), Location, to allow for 13 covered parking spaces to be
located within 100 feet of PGA Boulevard.
Section 78-287(e), General standards, to allow for tenants having federally
registered trademark signs to use their registered color scheme on signs
facing the parking areas,
Section 78-344(1)( 1 ), Minimum dimensions, to allow 9.5-foot-wide parking
spaces at certain locations at reflected on the approved site plan.
SECTION 4. Said approval is subject to the following conditions, which shall be
the responsibility of the applicant, its successors, or assigns:
Enaineerinq
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3.
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5.
Prior to construction plan approval and the issuance of the first land
alteration permit, the applicant shall provide written authorization from utility
owners allowing landscaping within their existing andlor proposed utility
easements. (City Engineer)
Prior to the issuance of the first land alteration permit, the applicant shall
provide a Roadway Signage and Marking Plan for review and approval.
(City Engineer)
Prior to the issuance of the first land alteration permit, the applicant shall
provide a Photometric Plan, signed, and sealed by a professional engineer
licensed in the State of Florida, meeting the requirements of LDR Section
78-182. Said plan shall provide pedestrian scale lighting along all walkways
and thoroughfares, including PGA Boulevard. (City Engineer)
Prior to the issuance of the first land alteration permit, the applicant shall
provide a construction plan for review and approval. All plans and support
documentation, submitted by the applicant for review by the City Engineer,
shall be signed and sealed by a professional engineer licensed in the State
of Florida in accordance with Section 78-448 of the LOR. (City Engineer)
Prior to construction plan approval and the issuance of the first land
alteration permit, the applicant shall provide a paving, grading, and drainage
plan along with surface water management calculations and hydraulic pipe
calculations for City review and approval. The paving, grading, and
drainage plan and calculations shall be signed and sealed by a professional
engineer licensed in the State of Florida. (City Engineer)
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Date Prepared: November 9,2004
Resolution 216,2004
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6.
7.
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9.
Prior to construction plan approval and the issuance of the first land
alteration permit, the applicant shall provide a cost estimate for the project,
including public infrastructure and all landscaping and irrigation costs for
review and approval by the City in order to establish surety. The cost
estimate shall be signed and sealed by an engineer and landscape architect
registered in the State of Florida. Surety will be based on 110% of the total
combined approved cost estimates and shall be posted with the City prior to
the issuance of the first land alteration permit. (City Engineer)
The applicant shall provide all necessary construction zone signage and
fencing as required by the City Engineer. (City Engineer)
The applicant shall provide the City copies of all permit applications and
approvals, (City Engineer)
The applicant shall comply with all Federal Environmental Protection
Agency (EPA) and State of Florida Department of Environmental Protection
NPDES permit requirements, including, but not limited to, preparation of a
stormwater pollution prevention plan and identification of appropriate Best
Management Practices (BMP) for construction activities, submission of a
Notice of Intent to EPA or their designee, implementation of the approved
plan, inspection and maintenance of controls during construction, and
submission of a stormwater Notice of Termination. (City Engineer)
10. The construction, operation, and/or maintenance of any elements of the
subject project shall have no negative impacts on the existing drainage of
surrounding areas. If, at any time during the project development, it is
determined by the City that any of the surrounding areas are experiencing
negative drainage impacts caused by the project, it shall be the applicant's . responsibility to cure said impacts in a period of time and a manner
acceptable to the City prior to additional construction activities. (City
Engineer)
11. The applicant shall comply with any and all Palm Beach County Traffic
Division conditions as outlined in the PBC Traffic Division concurrency
approval letter issued for this property. (City Engineer)
12. Prior to the issuance of the first land alteration permit, the applicant shall
schedule a pre-permit meeting with City staff. (City Engineer)
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Date Prepared: November 9,2004
Resolution 216, 2004
13. Kyoto Gardens Drive
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a. The applicant shall deliver to the City surety in a form acceptable to the
City Attorney, which surety shall ensure the construction of the Kyoto
Gardens Drive Extension. The Kyoto Gardens Drive Extension shall
consist of a four (4) lane divided roadway with landscaped m-edians,
approximately 2,300 feet in length, connecting Military Trail to Alternate
AlA, including an at-grade crossing of the FEC trackbed. The applicant
shall be responsible for the costs of design and construction of this
roadway as a two (2) lane roadway, and the City shall be responsible for
reimbursing the applicant for the costs of design and construction of the
additional two (2) lanes, as set forth in the engineering estimate attached
as Exhibit "A" to the Memorandum of Agreement. Said construction shall
commence no later than March 31, 2005, and completion of said
improvements as set forth in the Memorandum of Agreement. As
additional assurance, the applicant shall submit, no later than December
30, 2004, a Memorandum of Agreement in a format acceptable to the
City Attorney on behalf of the City, and the following entities: RCA
Center II of Florida LLC, PGA Gateway LTD., and Mall Properties, LTD
to further define the obligations relating to the roadway design and
construction.
b. The applicant shall continuously and diligently work with the City and the
required outside agencies in order to obtain the issuance of all
necessary permits in order to begin construction of Kyoto Gardens Drive
on or before March 31 , 2005.
c. The applicant shall, upon the request of the City, deliver assurances, in a
form acceptable to the City Attorney, from the owners of Parcel 5A that
the City will be permitted to expand the existing lake north of the Kyoto
Gardens Drive right-of-way for the purposes of providing drainage for the
Kyoto Gardens Drive roadway and to provide the fill for construction of
the roadway at no cost and without restriction.
d. The applicant shall, upon the request of the City, deliver assurances, in a
form acceptable to the City Attorney, from the owners of Parcel 5A that
they will sign and support all permit applications as required to design
and build Kyoto Gardens Drive. I
e. All contracts for design and construction of the Kyoto Gardens Drive
extension shall be submitted to the City for review and approval by the
City Engineer and City Attorney. Said construction contracts shall
contain a provision that makes such contracts fully assignable to the
City.
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Date Prepared: November 9,2004
Resolutlon 216, 2004
14. 5B Road
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a. The applicant shall, prior to December 30, 2004, deliver a deed in a
format acceptable to the City Attorney conveying an 80-foot right-of-way
for that portion of RCA Center Drive that is shown on the Linkage Plan
between the present northern tefminus of said road and the north
boundary of Parcel 58. This parcel and all other portions of the
NorthlSouth Road owned by FDOT and NPBCID are hereinafter referred
to as the "56 Road."
b. The applicant shall, prior to the issuance of the first Certificate of
Occupancy for Parcel 58, design, build, and construct the "58 Road" as
a two (2) lane divided roadway with landscaped median within a fifty (50)
foot right-of-way. The east 15 feet and the west 15 feet of the 80-foot
right-of-way may be utilized for landscape buffer calculations and
setback requirements.
15. 5ARoad
a. The applicant shall, prior to December 30, 2004, deliver a deed in a
format acceptable to the City Attorney conveying an 80-fOOt right-of-way
for that portion of RCA Center Drive that is shown on the Linkage Plan
connecting the 5B Road to Kyoto Gardens Drive, hereinafter referred to
the '5A Road."
b. The applicant shall, prior to the issuance of the first Certificate of
Occupancy for Parcel 5B, design, build, and construct the "5A Road" as
a two (2) lane divided roadway with landscaped median within a 50-foot
right-of-way. The east 15 feet and the west 15 feet of the 80-foot right of
way may be utilized for landscape buffer calculations and setback
requirements.
c. The applicant shall deliver to the City surety, in a form acceptable to the
City Attorney, to ensure the construction of the 5A Road at the time the
surety described in Condition 6 is submitted to the City.
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Oate Prepared: November 9,2004
Resolution 216, 2004
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16. Within six (6) months of the issuance of the first clearing permit, the
landscaping shall be installed within: (1) the medians and adjacent road
shoulders within the portions of PGA Boulevard and RCA Boulevard
-adjacent to the property, unless landscaping is installed in said areas by the
FDOT as part of the PGA Flyover project; and (2) the landscape buffers
along PGA Boulevard, RCA Boulevard, and Alternate A1A. The Growth
Management Administrator shall be authorized to grant up to two (2), three
(3) month extensions to this requirement upon demonstration by the
applicant of a good-faith effort to satisfy the same in a timely manner. (City
Forester)
17. Prior to the issuance of the first Certificate of Occupancy, the landscaping
shall be installed within the medians and road shoulders within both the
north/south and the eastlwest thoroughfares within the property. (City
Forester)
18. The applicant, its successors, or assigns shall be responsible for the
maintenance of the landscaping within: (1) the medians and adjacent road
shoulders within the portions of PGA Boulevard and RCA Boulevard
adjacent to the property; and (2) the medians and road shoulders within
both the northlsouth and the eastlwest thoroughfares within the property.
(City Forester)
19. In the event the City of Palm Beach Gardens, or another entity, forms a
special district pertaining to the landscape maintenance of contiguous
rights-of-way, then the RCA Center Property Owners Association, its
successors, or assigns shall automatically become a member of such
special district. This condition may be amended at any time by separate
agreement between the applicant and the City of Palm Beach Gardens.
(City Forester)
20. The installation of the covered parking structures, if approved by the City
Council, shall not conflict with landscaping, including long-term tree growth.
(City Forester)
Police
21. Lighting shall not conflict with landscaping, including long-term tree growth.
(Police)
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Date Prepared: November 9,2004
Resolution 216, 2004
22. All lighting for streets, parking lots, parking garages, and pedestrian
walkways shall be metal halide. Metal halide lighting shall be used for the
multi-use pathways and sidewalks within the site and shall be lit at a
minimum of 0.6-foot candles. (Police)
23. Non-glare building lighting shall be installed around the entire building
perimeter and on pedestrian walkways. (Police)
24. Entry signage shall be lighted. (Police)
25. Timer clock or photocell lighting shall be provided for nighttime use above or
near entryways and all exits, including emergency exits. (Police)
26. Numerical addresses shall: (I) be illuminated for nighttime visibility and be
unobstructed; (2) have bi-directional visibility from the roadway; and (3) be
placed at the front and rear of each business. (Police)
27. All structures shall use the following target hardening techniques:
a. Buildings shall be pre-wired for an alarm system.
b. Doors shall be equipped with metal plates over the threshold of the
locking mechanism.
c. Glass perimeter doors shall be equipped with case hardened guard
rings to protect the mortise lock cylinder.
d. Rear doors shall have 180degree peephole viewers.
e. All perimeter doors shall be equipped with hinges that utilize non-
removable hinge pins. (Police)
28. Prior to the issuance of the first building permit for vertical construction, the
applicant shall work with the Police Department to develop a high-resolution
color digital closed-circuit security surveillance system with monitoring and
photo printout capabilities. The Police Chief shall have flnal approval on the
required number of cameras and locations thereof within the site. (Police)
Plannina and Zoninq
29. Within 90 days of (the effective date of this Resolution), the applicant
shall submit revised development plans to include the items listed below.
Said development plans shall be approved administratively by staff as long
as: (1) all items listed below are included on the development plans to the
satisfaction of the Growth Management Administrator; and (2) any exterior
building modification(s) is architecturally consistent with the approved
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Date Prepared: November 9,2004
Resolution 216, 2004
1 buildings. Should any of the aforesaid not be adequately satisfied, the
revised development plans shall be reviewed and approved by the City
Council by way of an amendment to the PUD's master plan of development.
No building or land clearing permits shall be issued until revised plans have
a. The applicant shall revise the building elevations to include three (3)
color palette combinations for the buildings on site.
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b.
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1.
The applicant shall revise the easternmost landscape buffer adjacent to
the parking area so that a maximum of 12 feet of the buffer is
encumbered by utility easements.
The applicant shall revise the building elevations to clearly reflect all
exterior building colors and materials.
The applicant shall submit an amenities package that includes
illustrations and details of project-wide shared elements, including
common hardscape themes, street furniture, lighting fixtures, special
intersections, plazas, fountains, decorative trellises, and thoroughfare
enhancements. A "Key Plan" depicting the location of the amenities on
site shall also be included.
The applicant shall submit a lighting plan, signed and sealed by a
professional engineer registered in the State of Florida, that includes
pedestrian scale lighting along all pedestrian walkways and
thoroughfares, including PGA Boulevard.
The applicant shall provide additional landscaping within the vacant area
north of Building #2 to the satisfaction of the City Forester.
The applicant shall provide additional pedestrian linkages between the
buildings along RCA Boulevard and the sidewalk along said roadway.
At a minimum, sidewalks shall be included at every building entrance
along RCA Boulevard, as reflected on the building elevations.
The applicant shall provide at least 20 additional pedestrian benches
throughout the site and label them on the plan accordingly.
The applicant shall include a bus shelter easement on the site plan in a
location consistent with the Palm Tran letter dated May 18, 2004,
relating to the same, which is on file with the Growth Management
Department.
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Date Prepared: November 9,2004
Resolution 216. 2004
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j. The applicant shall submit a revised signage program that adequately
reflects the signage requirements approved by the City Council for the
subject property through the adoption of this Resolution.
30. All rooftop mechanical equipment shall be screened from view. (Planning &
Zoning )
31. Within sixty (60) days of a written determination from Palm Tran that a bus
shelter will be utilized on the subject site, the applicant, its successors, or
assigns shall submit an application for an administrative approval to allow
for review and approval of the site plan, landscape plan, and building
elevations for the bus shelter. The bus shelter design shall be consistent
with the City Council's previous approval of such shelters. The applicant, its
successors, or assigns shall be responsible for the construction of a bus
shelter in a timely manner to accommodate Palm Tran's needs for the
same. (Planning & Zoning)
32. Each building shall be allowed two (2) building identification or principal
tenant signs, so long as (1) said signs are not located on the same building
elevation; and (2) the second of the two signs has a copy area of no more
than 75% of the first sign. (Planning & Zoning)
33. Retail ground floor users shall be allowed a maximum of two (2) signs per
tenant, only if (I) any two signs for the same tenant are not located on the
same building elevation; and (2) said signage is affixed directly to the
elevation of the tenant bay it identifies. (Planning & Zoning)
34. Tenants having federally registered trademark signs and logos shall be
allowed to use their registered color scheme on signs facing the parking
areas. Signs and logos facing the adjacent and internal rights-of-way shall
be consistent with the color approved in the master sign program.
(Planning & Zoning)
35. Prior to the issuance of the first certificate of occupancy, the property shall
Said replat shall dedicate the thoroughfares within the be replatted.
property to the City. (Planning & Zoning)
36. Wall signs shall not exceed 70% of the immediate vertical and horizontal
surface area to which they are attached. (Planning & Zoning)
37. Medical or Dental Office use is not allowed unless the applicant submits a
traffic equivalency analysis for review and approval by the City Engineer.
The applicant shall also be required to demonstrate compliance with parking
requirements of the City Code, (Planning & Zoning)
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Date Prepared: November 9,2004
Resolution 216,2004
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38. Prior to the issuance of each occupational license or building permit for
interior renovations of tenant spaces, the applicant or its agent shall submit
a breakdown by use (retail, office, and industrial) of the gross square
footage for lease for approval by the Planning and Zoning Division to ensure
compliance with the City’s Nonresidential Mixed Use Planned Unit
Development intensity measures. (Planning & Zoning)
39. Outdoor storage within the site is prohibited. (Planning & Zoning)
40. Uses on site shall be limited to those uses allowed within the PGA
Boulevard Corridor Overlay, as may be amended from time to time.
(Planning & Zoning)
41. No striped awnings shall be permitted on site. (Planning & Zoning)
42. Prior to issuance of the first building permit, the applicant shall comply with
Section 78-262 of the City Code relative to Art in Public Places. The
applicant shall provide art on site or make a payment in lieu thereof. The
Art in Public Places Advisory Board shall review and make a
recommendation to the City Council on any proposed art on site. If the
applicant is providing public art on site, the art shall be installed prior to the
issuance of the first Certificate of Occupancy, with the exception of the art
located east of the NorthlSouth Road, which shall be installed prior to the
issuance of the first Certificate of Occupancy for any buildings located east
of the NorthlSouth Road. (Planning & Zoning)
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43 Within 90 days of the effective date of this Resolution, the applicant shall
work in conjunction with the Treasure Coast Regional Planning Council
(TCRPC), the South Florida Regional Transportation Authority (SFRTA),
and the City to make any and all necessary modifications to the
development plans for the portion of land lying east of the NorthlSouth Road
to accommodate the potential of a Tri-Rail transit station. Said modifications
shall be approved administratively by staff so long as any exterior elevation
changes are architecturally consistent with the approved buildings. Should
the final results of the Jupiter Corridor Alternatives Analysis determine that a
Tri-Rail station will be constructed on the subject property, the applicant, its
successors, or assigns shall work cooperatively with the SFTRA and the
City to facilitate the construction of said station and all ancillary
uses/structures in a timely manner. Said modifications shall be approved by
the City prior to the issuance of the first Certificate of Occupancy. (Planning
& Zoning)
44. The applicant shall, within 30 days of the effective date of this Resolution,
submit an easement, in a form acceptable to the City Attorney, with the
property owner for the Gardens Station property to the south. The
easement agreement shall provide for the right of use, construction, and
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Resolution 216,2004
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maintenance of the shared vehicular access from RCA Boulevard, as well
as of the vehicular connections between the two (2) parcels, and shall
include provisions for cost recovery. The costs for constructing and
maintaining the access from RCA shall be equally shared by Gardens
Station and the subject property. Said easement shall be recorded in the
Public Records of Palm Beach County within 90 days of the effective date of
this Resolution. (Planning & Zoning, City Attorney)
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Miscellaneous
45. Required digital files of the approved replat shall be submitted to the
Planning and Zoning Division prior to the issuance of the first certificate of
occupancy, and approved civil design and architectural drawings shall be
submitted prior to the issuance of the first Certificate of Occupancy. (GIs
Manager, Development Compliance Officer)
46. Prior to the issuance of the first Certificate of Occupancy, the master
property owners association documents and restrictions, which shall include
disclosure language regarding the potential transit station and the widening
of the RCA Center Drive to four (4) lanes, shall be furnished by the applicant
to the City Attorney for review and approval prior to such documents being
recorded in the Public Records of Palm Beach County. (City Attorney)
SECTION 5. Said Planned Unit Development shall be constructed in compliance
with the following plans on file with the City's Growth Management Department:
1. Sheets 1 through 12 of 12: Site Plan and Landscape Plan, prepared by
Cotleur Hearing, last revised on December 9, 2004, and received and
stamped by the City on December 10,2004.
RCA Center Architectural Package, prepared by REG Architects, Inc., last
revised on July 1, 2004, and received and stamped by the City on
November 9,2004.
2.
3. RCA Center Signage Package, prepared by REG Architects, Inc., last
revised on November 9, 2004, and received and stamped by the City on
November 10,2004.
SECTION 6. Said approval shall be consistent with all representations made by
the applicant or applicant's agents at any workshop or public hearing.
SECTION 7. This Resolution shall become effective immediately upon receipt by
the City of all of the following items: the surety described in Condition 13(a) and the
deeds described in Conditions 14(a) and 15(a).
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Date Prepared: November 9,2004
Resolullon 216.2004
PASSED AND ADOPTED this Idp day of 8yt ,2004.
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ClTY OF PALM BEACH GARDENS, FLORIDA m
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18 LEGAL SUFFICIENCY
APPROVED AS TO FORM AND
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22 Christine P. Tatum, City Attorney
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29 MAYOR JABLIN
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31 VICE MAYOR RUSSO
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33 COUNCILMEMBER DELGADO
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35 COUNCILMEMBER LEVY
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37 COUNCILMEMBER VALECHE
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-- AYE NAY ABSENT
J ---
/ ---
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\\Pbgslile~~wnsy\atmey_share\RESOLUTIeso 21 6 2004 final dean.doc
13
MEMORANDUM OF UNOERSTANOING
THIS MEMORANDUM is executed this 3i' day of December, 2004 by and
between PGA NORTH II OF FLORIDA LLC, a Florida limited liability company, RCA
CENTER II OF FLORIDA LLC, a Florida limited liability company, PGA GATEWAY,
LTD., a Florida limited partnership, and MALL PROPERTIES, LTD. a Florida limited
partnership (sometimes collectively referred to herein as "Catalfumo Entities") and the
CITY OF PALM BEACH GARDENS, a political subdivision of the State of Florida
("City").
e
Backaround
1. The Catalfumo Entities and the City entered into a certain Agreement for Assured
Construction of Linkage Roads dated October 3, 2002 (the "Assured
Construction Agreement"). The City previously sued the Catalfumo Entities for
specific performance of the Assured Construction Agreement, which lawsuit will
be stayed pending completion of the Kyoto Drive Improvements described below.
2. RCA Center II of Florida LLC has obtained from the City, Site Plan Approval
pursuant to Resolution 216, 2004 (the 'PUO Approval") for a certain planned unit
development also known as Parcel 58.
3. Pursuant to the City's Land Development Regulations and the PUD Approval, the
Catalfumo Entities are required to construct a 2-lane road from Alternate A1A to
Military Trail known as Kyoto Gardens Drive Extension ("Kyoto Drive
Improvements"). The City has requested that Kyoto Drive Improvements be
constructed as a 4-lane road to provide for future road capacity and the City has
agreed to fund the difference in cost between a 2-lane road and a 4-lane road
concurrently with the construction of the Kyoto Drive Improvements as set forth
on Exhibit "A" attached hereto
e
4. Catalfumo Entities and City agree that it is critical that construction of the Kyoto
Drive improvements commence on or before March 31,2005 I The understanding of the parties is as follows:
1. Catalfumo Entities will contract separately for the construction of the bridge
portion of the Kyoto Drive Improvements and the road portion of the Kyoto Drive
Improvements located within the City's Road Right-of-way in order to expedite the
commencement of construction, it being understood that the bridge portion of the
construction will be able to commence most expeditiously in this fashion. Catalfumo
Entities shall commence construction of the bridge portion of the Kyoto Drive
Improvements on or before March 31, 2005 and shall use its best efforts to complete
the Kyoto Drive Improvements prior to December 31,2005 and in any event as soon as
practicable thereafter. In order to assist Catalfumo Entities in completing the Kyoto
Drive Improvements and the other linkage roads through Parcels 5A and 56, City shall
use its best efforts to review and permitt road plans submitted by Catalfumo Entities in
connection with said road work and as soon as practicable issue work permits as
necessary to allow Catalfumo Entities to meet the required time schedules.
2. Catalfumo Entities shall be responsible for the cost of constructing a 2-lane
divided (similar to the 5B Roadway approved by Resolution 216, 2004 PUD Approval)
road only with the City obligated to pay the increased costs caused by the City's
requirement that the Kyoto Drive Improvements provide 4 lanes when first constructed.
City shall also be obligated to pay for the cost of the FEC railroad crossing and related
improvements. The City agrees to reimburse the Catalfumo Entities its share of the
monthly contractor invoice in accordance with the Estimates attached hereto as Exhibit
"A (as contemplated by Paragraph 13a of Resolution 216) exclusive of the City's
payments to the FEC.
0
I
3. Catalfumo Entities shall provide a Bond satisfactory to the City Manager in the
estimated amount required to construct its 2-lane share of the Kyoto Drive
Improvements in a format acceptable to the City Attorney and as required in PUD
Approval. Catalfumo Entities hereby agrees that should the City call the bond and
assume the responsibility for construction of the roadway; the City may use a two
square acre area of land immediately north of the north Kyoto Gardens Drive Right-of-
Way line (in the vicinity of the bridge) for the purposes of draining the road. Further, this
agreement maybe used to demonstrate to permitting agencies that water quality
requirements maybe met within that two acre area and that the City has the legal rights
to excavate and use that acreage for drainage purposes. 0
4. Catalfumo Entities and its contractors shall comply with all aspects of the
construction requirements as set forth in the Stipulated Final Order and other related
documents for Kyoto Gardens Drive on both the east and west sides of the FEC
trackbed. All correspondence with FEC will be copied to the City Attorney and all phone
calls to FEC will be logged and a call log will be forwarded to the City with each request
for reimbursement of construction costs.
5. Catalfumo Entities shall be entitled to impact fee reimbursements and credits
which shall be pooled and credited in accordance with the Assured Construction
Agreement for both the bridge and road improvements provided the projects are
completed within the times established in this agreement.
6. City shall be entitled to a right of approval of the contractors selected for
construction of the Kyoto Drive Improvements. If possible, the contractors selected
shall be ones that have current, ongoing, public construction projects that the City can
"piggy-back" onto in order to satisfy the waiver requirements for the public bidding of the
City's portion of the Kyoto Drive Improvements. It is acknowledged that, in any event, it
is not practicable to obtain separate contractors to bid on the expansion of the Kyoto
Drive Improvements from 2-lane road improvements required to be constructed by the 1 Catalfumo Entities to the 4 lanes requested by the City.
I a
IN WITNESS WHEREOF, the parties executed this Memorandum of 0 Understanding as of the date set forth above.
Witness PGA NORTH I1 OF FLORIDA LLC,
By: Diver Management, Inc.,
Its general partner
Daniel S. Cat mo, President
RCA CENTER II OF FLORIDA LLC
PGA GATEWAY, LTD,
MALL PROPERTIES, LTD.
L-
CITY OF PALM BEACH GARDENS
By:
C. Countersigned by: %an dd . tewis
- Estimate -
Kyoto Gardens Drive Construction Casts Summary
UEM
2-Lane Road Construction Cost
2-Lane Bridge Construction Cost
Landscaping & Irrigation
S'SST
$ 1,094,875
$ 2,490,000
$ 360,475
Total 2-Lane Option Cost $ 3,945,350
4-Lane Road Construction Cost
4-Lane Bridge Construction Cost
Landscaping L Irrigation
$ 1,237,826
$ 3,240,000
s 360,475
Total 4bne Option Cost: $ 4,838,301
Upgrade of Road to Four Lanes Construction Cost
Upgrade of Bridge to Four Lanes Construction Cost
s
$
Sub-Total Construction Coet of Upgrade to 4 Lanes: $
.Upgrade to 4 Lanes Engineering/Survey/Geotech Costs $
Upgrade to 4 Lanes Clearing Cost s
Upgrade to Four Lanes Military Trail Signalization Cost S
Sub-Total Design, Clearing dc Signal Upgrade Cost: $
Sub-Total Design & Consburtion Upgrade Cost: $
15% Contigency: $
15% Administration: $
Bond Cost (2%): $
142,951
750,000
892,951
21,982 112 of item costs
16,425 1/2 of item cost
225,000 1/2 of item cost
263,407
1,156,3358
173,454
173,454
30,065
Notes:
Total Cost of Upgrade to 4 Lanes: $ 1,533,331
1. The above figures do not include the cost of design and construction
of the FEC railroad crossing and related improvements which are to be
paid 100% by the City of Palm Beach Gardens.
2*-wq~u-*~-~ 3-w
3. Estimated costs are based on 2004 materials and labor costs.
EXHIBIT "A"
PAYMENT AND PERFORMANCE BOND
FOR INFRASTRUCTURE COMPLETION
Know all men by these presents:
That we, PGA NORTH II OF FLORIDA LLC, a Florida limited liability company, RCA
CENTER II OF FLORIDA LLC, a Florida limited liabllity company, PGA GATEWAY
LTD., a Florida llmlted partnership, and MALL PROPERTIES, LTD., a Florida limited
partnershlp (herelnafter called "PRINCIPAL"), and Liberty Mutual Insurance'Company,
authorized to do business in the State of Florida, (hereinafter referred to as "SURET)
are held and flrmly bound unto the Clty of Palm Beach Gardens (hereinafter called the
"ClrV"), a political subdivision of the State of Florida, In the full and just sum of
Dollars ($ 4,734,420.00
Four Mlllion Seven Hundred Thftty Four Thousand, Four Hundred Twenty and OO/lOO---
) lawful money of the United
States of America, to be pald to the CITY to which payment wlll and truly be made, we
blnd outselves, our heirs, executors, administrators, successors and asslgns, jointly and
severally, flrmly by these presents:
WHEREAS, the above bound PRINCIPAL has executed an agreement for
Assured Construction of Llnkage Roads with the City dated October 3, 2002 ("Assured
Construction Agreement') and RCA CENTER I\ OF FLORIDA LLC, has obtalned from
the CITY, Site Plan approval pursuant to Resolution 216 , 2004 (hereinafter called the
'PUD Approval") for a certain planned unit development known as Parcel 58 and has
0 agreed as a condition of the Assured Construction Agreement at the PUD Approval to
complete the Required Improvements (as hereinafter defined).
Required Improvements consist of constructing a two-lane portlon of a four-lane road
known as the Kyoto Gardens Drive Extension (Resolution 216, Section 4 Engineering
Item 14a.).
WHEREAS, the
WHEREAS, this Payment and Performance Bond for Infrastructure Completion *
Four H11 I ton Seven Hundred Thl rty Four Thousand, Four Hundred Twenty and 00/100--
(herelnafter called the "Bond") 16 in the full and just sum of
Dollars ($ ) lawful money of the United States of America, said sum
being the estimated cost to complete the responslblllty of PRINCIPAL for its share of
the construction of the Required Improvements.
I 4,734,420-00
NOW, THEREFORE, the SURETY agrees as follows:
1.
2,
The foregolng recitals are incorporated herein by reference.
The conditlon of this obligation of SURETY Is such that if the PRINCIPAL
shall, in all respects, fully comply with, carry out, construct, erect and build
its share of the Required Improvements In substantial conformity with the
plans, specificatlons and schedules covering said work and such
approved additions, amendments or alterations as may be made in the
plans, speclflcations and schedules for said work (it being understood that
the SURETY shall remain bound under this Bond although not Informed of
any such additions, amendments or alternations), and shall commence
and complete all of said work in accordance with the Contract for
construction of the work and, provided It receives prompt payment from
the City for the City's share of the cost of the work, or is otherwise
compensated by the City as the parties may subsequently mutually agree
In writing may promptly make payment to all persons supplying the
PRINCIPAL, Its contractors or subcontractors with any labor, servlces,
materlal and/or supplies used directly or indirectly by them or some or any
of them in the prosecutlon of said work, then this obligatlon has be void,
otherwise remaining in full force and effect.
SUREW, for consideration received, hereby stipulates and agrees that no
changes, extenslons of tlme, alterations or additions to the work or the
plans, specifications and schedules covering the same, or in the term or
3.
mode of payment forthe same, shall In anywise affect liability or.payment
under this Bond, and It does hereby waive notlce of any and all such
changes, extenslons of time, alterations and additions to the work or to
the plans, speclflcatlons and schedules covering sald work.
The principal amount of thls Bond will be reduced, from time to time, only 4.
as and when (a) the PRINCIPAL provides the CIN with evidence of
partial completion and payment costs and eicpenses of the Project
reasonably satisfactory to the CITY, such as by way of example, release
of lien and certification of payment, and (b) the PRINCIPAL provides the
CIW an engineering esttmate of costs to complete the Required
Improvements, or (c) CITY draws down payments from SURETY under
this Bond in accordance with the provisions of paragraph 5c below. The
PRINCIPAL shall provide the CITY with a llst of all contractors,
subcontractors and material contractors, subcontractors and material .
suppliers, together with a certificate of the general contractor certifying
such list is complete. The CITY shall not have the obligation to reduce the
prlnclpal amount of this SURETY, if it has reasonably concluded the costs
of completlon wlll exceed the original cost estlrnate or evldence of
payment and partial completlon Is not satisfactory to the CITY. To obtain
a reduction in the principal sum of the Bond, the P RlNClPAL shall obtaln
from the CITY authorization for a reduction, which shall be forwarded to
the SUR€TY. Any reduction in Bond value shall be considered effected
and binding agalnst CITY.
Whenever the PRINCIPAL shall have failed or refused to commence or 5.
..
e complete the sald work by the dates set forth in the Contracts for the
work, the CITY may declare the PRINClPAL'to be in default and the
SURETY may remedy the default within thirty days, or shall within thirty
days:
a. Complete or begin completion of the said work in accordance with
the specifications and schedules covering said work and such
approved additions, amendments or alterations as may be made in
the plans, speclflcatlons and schedules covering said work,
completing the work in a prompt manner, or
Obtain a bid or bids for submission to the CITY for completion of b.
said work in accordance with the plans, specifications and
schedules covering said work, and such approved additions,
amendments or alterations as may be made in the plans,
specifications and schedules for said work, and upon determination
by the CITY and the SURETY of the lowest responsible bidder,
arrange for a contract between such bldder and the SUREm, and
pay to such bldder as work progresses (event should there be a
default or e successlon of defaults under the contract or contracts
of completion arranged under this paragraph) the funds required to
.. .
.I
pay the costs of completion of said repair or maintenance work as
herein described.
c. Alternatively, the parties hereto understand that upon default by
PRINCIPAL, CITY may elect to assume the contracts for the
construction of the work, in which event CIlY shall be entitled to
draw from SURETY the amounts due on a monthly basis in order
for CITY to cover PRINCtPAL's share of the cost of the work
regardless of the fact that the cost of the Required Improvements
may exceed the amount of this Bond. If City elects to assume the
contracts for construction of the Requlred Improvements, this Bond
shall be modified as necessary to comply with the provisions of
F.S. 255.05.
6. The CITY shall be entitled to their reasonable attorney's fees and costs In
any action at law or equity, including appellate court actions, to enforce
the CITY'S rights under this Bond.
IN WITNESS WHEREOF, the PRINCIPAL and SURETY have executed these
presents this 28th day of December, 2004.
Witness PGA NORTH II OF FLORIDA LLC,
By: Diver Management, Inc.,
RCA CE OF FLORiDA LLC
Witness PGA GATEWAY, LTD,
4 Y/S
Witness MALL PROPERTIES, LTD.
Dan el S, alfumo, President
J
SURETY:
Liberty Mutual Insurance Company
By:
Brett Rosenhaus, Attorney In Fact/FL Resldeht Counters\gned by: Brett Rosenhaur Agent
Address: 4000 South 57th Ave. Ste. 201 0
Lake Worth. FL 33463
L:\FORMS\PeymentAndPo~o~anceREOLlNE .wpd
*’ . , a.
I
.I
Liberty Mutual Surely Bond Number :@/ 3.v
NOTICE FROM SURETY REQUIRED BY
TERRORISM RISK INSURANCE ACT OF 2002
In accordance with the Terrorism Risk lnsurance Act of 2002 (referred to
hereinafter as the “Act”), this disclosure notice is provided for surety bonds on
which one or more of the following companies is the issuing surety: Liberty
Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM
Insurance Corporation; The First Liberty Insurance Corporation; Liberty
Insurance Corporation; Employers Insurance Company of Wausau (formerly
“EMPLOYERS INSURANCE OF WAUSAU A Mutual Company”); Peerless
Insurance Company; and any other company that is a part of or added to the
Liberty Mutual Group for which surety business is undewritten by Liberty Mutual
Surety (referred to collectively hereinafter as the “Issuing Sureties”).
NOTICE FORMS PART OF BOND
This notice forms part of surety bonds issued by any one or more of the Issuing
Sureties.
DISCLOSURE OF PREMIUM
The premium attributable to any bond coverage for “acts of terrorism” as defined
in Section 102(1) of the Act is Zero Dollars ($0.00).
0
DISCLOSURE OF FEDERAL PARTICIPATION
IN PAYMENT OF TERRORISM LOSSES
The United States will reimburse the Issuing Sureties for ninety percent (90%) of
any covered losses from terrorist acts certified under the Act exceeding the
applicable surety deductible.
LMIC-6539 11/15/04
...... .... -. __-
.I I, 1
L 0
8
3
. 1486470 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney llmlts the acts of those named herein, and they have no authority to bind the Company except in the manner end to
the extent hereln rtsted.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
POWER OF ATTORNEY a ALL PERSONS BY THESE PRESENTS: That Uberty Mutual insurance Company (the 'Company'), a Massachusetts stock Insurance
company, pursuant to and by authority of the By-law and Authorization hereinaner set foflh, does hereby name, constltute and appoint
L E -
6 e
RICHARD M. BUTIN, KAREN L DEBARDAS, BRETT ROSENHAUS, MELINDA ROSENHAUS, ALL OF THE CITY OF
WEST PALM BEACH, STATE OF FLORIDA .......................................................................................................................... 1
t On thls 3rd day of March ,=, before me. a Nolaw Publlc, personally came -, to me known, and acknowledOed 2 !
that he Is M Assistant Secretary of Uberty Mutual lnswance Company; that he knows the seal of said mrporatlon; and that he executed the above 9
Power of Attorney and efflx~fporate real of Uberty Mutual Insurance Company thereto with the auMorlty and at the direction 01 said corporation. 3 f
...............................................................................................................................................................................................
, each lndlvldualy If there be more than one named, Its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its
behalf as sure and as Its act and deed an? and all undertakings. bonds, recognizances and other surelJ 0:18?!,~s In the penal sum not exceeding FI~Y UILLI~N AND 0011 oo********d*** ****&** ) each, and the
executlon 01 such undertaklngs. bonds, recognizances and O!Mr surety obligations, in pursuance of these presents. shall be as binding upon the
Company as if they had been duly signed by the presldenl and attested by the secretary of the Company in their own proper persons.
That lhls power Is made and executed pursuant to and by authority of the fdlowing Bylaw and Authorization:
DOLLARS ($ 50,000, 00 0
I
ARTICLE Xlll - Executlon of Contracts: SecUon 5. Surety Bonds and undertakings.
Any onker of the Company authorized for that purpose in wrlUng by the chalrman or the president, and subject to such llmitations as the
chalrman or the presldent may prescrlbe, shall appolnl such attorneys.ln-fact, as may be necessary to act In behalf of the Company lo make,
execute. seal, acknowledge and dellver as surety any and all underlakings, bonds, recognizances and other surety obllgations. Such
attorneys-In-fact, subject to the limitations sal forth In thelr respective powers of attorney, shall have full power to bind the Compeny by thelr
slgnature and execution of any such Instruments and to attach thereto the seal of the Company. When so executed such Instruments shall be
as bindlng as 11 slgned by the presldenl and attested by the secretary. 1
By the followlng Instrument the chalnnan or the president has aulhorized the officer or other official med therein to appoint attorneys-In-lack
5
Pursuant lo Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby
authorlzed to appoint such attorneys-In-fact as may be necessary lo act In behalf of the Company lo make, execute. seal, acknowledge and
dellver as surety any and all undertakings. bonds. recognizances and other surety obllgattons.
I That the By-law and the Aufhodzation set forth above are lrue copies thereof and are now in full force and effect.
this Power of Attorney has been subscribed by an authorized oKar or oKdat of the Company and the corporate seal of
Liberty Mutual Insurance Company has been amxed thereto In Plymouth Meeting, Pennsylvania thls 23rd day d March
LIBERTY MUTUAL INSURANCE COMPANY
subSCrlbed my name and affixed my notart81 seal at Plymouth Meeting, Pennsylvanla. on the day and year 12
I. the underslgoed, Assls&Sl6& of Uberty Mutual Insurance Company. do hereby certify thal the dginal power of attorney of which the loregdng I
Is a full. true and correct copy. Is in full fwce and elfecl on the date of this certificate; and I do further certify that the offlcer of offidal who executed the
sald power of attorney Is an Assistant Secretary speclatty authorlzed by the chalrman or the presldenl to appoint attorneys-In-facl as provided In Article
XIII. Sectlon 5 of the By-laws of Uberty Mutuel Insurance Company.
Thls certlRCate end the above power of attorney may be slgned by facslmlle or mechanically reproduced slgnatures under and by aulhorlty of the
followlng vote of the bard of dlrecton of Uberty Mutual Insurance Company et a meeUng duly caned and held on the 12th day of March, 1980.
VOTED that the facsimile or rnechantcaly reproduced signature 01 any asslstant Secretary of the company, wherever appearing upon a
certlfled copy of any power of attorney Issued by the company in connection with surety bonds, shall be valid and blndlng upon tho company
day of
wlth the same force and effect as though manually affixed.
REV hymnto subscribed my name and amxed the corporate seal 01 the raM company, thls
16
17
43
44
45
B 46
N H - B
8 R
1 f
CONSTRUCTION HISTORY
School Modernizations/Replacements
Constructed in Palm Beach Co. FY2001- FY2009
SY - School t
Elementary ! Budget Middle ! Budget High 1 Budget Year Opened I
zoo0 - 200 I Lincoln 15,XJJ,36?. Lnkcsliorc 25,420,12 I
I
North Grade I 1,5 17,825
South Grade 11,149,163
ZOO2 - 2003 Boca Katon 10,299,l 84
Forest Hill 13,732,161
Palmetto 17,888,635
West Gate 13,664,039
Greenacres 1 1,935,727
Jupiter 12,606,617
Roosevelt 19,609,709
UB Kinsey/ Palmview 13,502,695
Meadow Park 16,033.408 11. I,. Watkins 25,645,391
Palm Beach Public 16,809,000
S. D. Spady 15,616,943
Congress 33,733,046 John I. 1.eonaid 70566,095
I I I I I I
33,121,028 John F. Kennedy
Palm Springs 35,692.663
DD Eisenhower 27,691,468
Rolling Green 26,536,387
30,319,279 Hagen Road
P.B. Gardens 30,243,141
Forest Park 31,665,184
Westward 32,342,878
CITY OF PALM BEACH GARDENS
PLANNING, ZONING, AND APPEALS BOARD
Agenda Cover Memorandum
Date Prepared: October 22,2008
Meeting Date: October 28,2008
Petition: LDRA-08-03-000018
Subject/Agenda Item:
LDRA-08-05-000015: Code Amendment to Section 78-159, Table 21, Amending Chart of
Permitted Uses.
Public Hearing & Recommendation to City Council: A request by Johnston Group Land
Development Consultants, Inc., on behalf of Riverside Drive Investors, LLC (“Applicant”), the
owner of property in the M1 -A “Light Industrial District” within the City of Palm Beach Gardens, to
amend the City’s Land Development Regulations (“LDRs”) in order to allow retail sales to the
general public as an accessory use so long as such use is clearly subordinate and customarily
associated with the principal use and to allow Instructional Studios and Professional Studios as
Minor Conditional Uses in the M-1A Light Industrial District.
[ XI Recommendation to APPROVE
[ XI Recommendation to DENY
Development Compliance
Bahareh Keshavarz-Wolfs,
AICP
NA
Administrator
Kara Irwin, AICP
Approved By:
Ronald M. Fems
City Manager
Originating Dept.:
Growth Management:
Manager & Project
Kara L. Irwin
GMA
[ 3 Quasi-Judicial
[ X 3 Legislative
[ X ] Public Hearing
Advertised:
Date: 10/17/08
Paper: PB Post
[ X ] Required
Affected parties:
[ X ] N/A
Finance Dept.:
Allan Owens
Administrator
NIA
Senior Accountant:
Tresha Thomas
FeesPaid: [ ]Yes
Funding Source:
[ ] Operating
[XI Other NA
Budget Acct.#:
NA
PZAB Action:
[N/A] Approved
[N/A] App. wl conditions
[N/A] Denied
[ 3 Rec. approval
[ ] Rec. app. w/ conds.
[ 3 Rec. Denial
[N/A] Continued
to:
Attachments:
Applicant’s Narrative
Industrial District
Regulations
Table21
McMahon & Associates
Technical memo
Town of Jupiter Policy
Corbett and White
memo RE: Cod and
Capers Seafood Appeal
Municipal Industrial
Zoning District
Regulations
Date prepared: October 22,2008
Meeting Date: October 28,2008
Petition: LDRA-08-03-000018
Page 2 of 13
BACKGROUND
The Applicant is requesting an amendment to the Land Development Regulations (LDRs),
specifically to the chart of permitted uses in Section 78- 1 59, to allow retail sales to the general public
as an accessory use so long as such use is clearly subordinate and customarily associated with the
principal use and to allow Instructional Studios and Professional Studios as permitted uses in the
M-1 A Light Industrial District. Staff also notes that the provisions will cap the maximum floor area
for accessory uses at 20% of the gross floor area of the building or groups of buildings occupied by
such use.
Currently, the Land Development Regulations for the M-1A zoning district does not have a
provision, such as the M-1 zoning district that allows for retail sales and consumer service
establishments as accessory uses to any permitted or conditional uses. The aforementioned accessory
commercial uses within the M- 1 zoning district are not permitted to occupy more than five percent
(5%) of the gross floor area of all buildings on any lot or group of contiguous lots in common
ownership or as approved as part of one development order. According to the Applicant, the change
is requested in order to allow for the retail sale of goods by building supply wholesalers that may
want to locate within the M-1A zoning district. The Applicant contends that the City’s LDRs
currently allow for uses within the District that contain a retail component. However, according to
the Applicant the classification of certain uses listed above, as established in the City’s LDRs, does
not specifically identify that such use may offer the sale of items to the general public, when in fact
such use is customarily an accessory retail component.
In addition, the Applicant is requesting to add “Instructional Studio” and “Professional Studio” as
permitted uses within the M- 1A zoning district in order to accommodate prospective tenants for their
sites in Palm Beach Gardens.
PROPOSED CITY CODE AMENDMENTS:
City staff has evaluated the requests separately due to the diverse nature of the requests. The analysis
of the addition of Studio, Instructional and Professional uses to the M- 1 A zoning district will be
evaluated first, followed by an analysis of the Applicant’s request to provide for 20% ancillary
(accessory) retail sales within the M-1A zoning district.
INSTRUCTIONAL STUDIO AND PROFESSIONAL STUDIO USES
The Applicant is requesting approval to add “Instructional Studio” and “Professional Studio” as
permitted uses within the M- 1A zoning district. Staff is agreeable to the addition of the uses to the
M-1A zoning district, but recommends that the uses be categorized as minor conditional uses in
Date prepared: October 22,2008
Meeting Date: October 28,2008
Petition: LDRA-08-03-000018
Page 3 of 13
CATEGORY/
USE
order to allow staff the ability to evaluate the impacts of the additional uses on the zoning district.
Staff recommends approval of a text amendment in which Section 78-1 59 is amended to state the
following: (Deletions are W, new language is underlmed):
9 kTg 82%
Section 78-159, Table 31: Permitted, Conditional and Prohibited Use Chart
CATEGORY/
USE 9 kTg 82%
*******
RETAIL & COMMERCIAL
Studio,
Instructional
Studio,
Professional
PP
P PP
Section 78-159. Permitted uses, minor and major conditional uses, and prohibited uses. 0) Additional standards. The following standards apply to specific uses as indicated in the “Note”
column of Table 21. * * * * * * *
- C - 44.1
- C P - 44.2
RETAIL & COMMERCIAL
Studio,
Instructional
Studio,
Professional
PP
P PP
(44.1) Studio, Instructional. A commercial establishment providing training or instruction for
compensation in martial arts, exercise, ~~mn astics. and related activities shall be allowed within the
Light Industrial District (M- 1A) as a minor conditional use. Such instructional studios shall comply
with the criteria listed below:
a. Public retail sales of clothing, equipment and supplies shall not be permitted.
b. All studio activity shall be located indoors.
c. Bicycle parking. Growth Management staff may require bicycle racks or similar
egubment as required by the use.
d. Hours of Ooeration. Growth Management staff shall have the ability to limit hours of
operation to minimize impacts on adiacent residential zoninp districts and uses.
e. At least 80 percent of the occupancy shall be used for instructional area.
f. Such use shall permit competition provided that noncurrent parking agreements that
1. provide for adequate parking facilities are in force and effect.
$. Traffic impacts. Growth Management staff shall have the ability to request information - regarding the traffic impacts and require conditions to mitigate the impacts of such impacts.
- C - 44.1
- C P - 44.2
J44.2) Studio, Professional. An establishment used in the practice of artistic pursuits. including
instruction for fine arts, music, photography, painting, sculpture, drama, speech, and dance shall be a
Date prepared: October 22,2008
Meeting Date: October 28,2008
Petition: LDRA-08-03-000018
Page 4 of 13
allowed within the Light Industrial District (M-1 A) as a minor conditional use. Such Professional
studios shall comply with the criteria listed below:
a. Public retail sales of art and dance sumlies shall not be permitted.
b. All studio activity shall be located indoors.
c. Bicycle parking. Growth Management staff may require bicycle racks or similar
eauipment as required by the use.
d. Hours of Omration. Growth Management staff shall have the abilitv to limit hours of
operation to minimize impacts on adiacent residential zoning districts and uses.
e. At least 80 percent of the occu~ancy shall be used for instructional area.
f. Such use shall Permit art-related exhibits provided that noncurrent parking aaree ments that
provide for adequate parking facilities are in force and effect.
g. Traffic impacts. Growth Management staff shall have the ability to reauest information
regardinp the traffic impacts and require conditions to mitigate the impacts of such hmacts.
*******
Staff Analvsis
The two proposed uses are currently permitted within the City’s commercial zoning districts (CG-1
and CG-2). The Professional Studio use is also permitted within the Professional Office (PO) and
Public & Institutional (P&I) zoning districts within the City. Currently, these uses can function
within the commercial zoning district as permitted uses with minimal impacts and do not require any
standard conditions of approval or impacts to mitigate. The proposed uses can also be appropriate
and compatible within the M- 1 A zoning district, which have similar parking demands as a majority
of the permitted uses already within the M-1A zoning district. Staff agrees with the Applicants
statements regarding the appropriateness of the industrial structures for uses as opposed to the
restrictiveness of the typical commercial bays. While these uses can hction within the commercial
district, facilities within the M- 1A zoning district would provide more flexibility.
In order to support the uses within the district, staff proposes notations as part of the minor
conditional use approval process to allow staff to have the ability to control any potential negative
effects of the proposed uses and their unknown impacts within the M- 1A zoning district.
CONSISTENCY WITH EXISTING GOALS, OBJECTIVES AND POLICIES WITHIN THE
CITY’S COMPREHENSIVE PLAN
The proposed LDR text amendment permits Studio, Instructional and Professional as minor
conditional uses within the M-1A zoning district, which is consistent with the Goals,
Objectives, and Policies of the City’s adopted Comprehensive Plan. An example of some of the
goals, objectives and policies that are consistent with and furthered by the proposed
Date prepared: October 22,2008
Meeting Date: October 28,2008
Petition: LDRA-08-03-000018
Page 5 of 13 -
amendment, are listed below.
Economic Development Element
Policy 13.1.5.1.: The City shall encourage balance and growth in retail trade and services by continuing
to support existing regional retail services while implementing planned growth patterns to foster
neighborhood-based services to serve local needs.
Staff Analysis of Consistency with Comprehensive Plan: As noted in the staff analysis, the code
amendment creates opportunities to support existing and future services that may in turn foster new
markets for neighborhood-based service. The text amendment is specifically addressing the opportunity
to serve a local need for art and physical activities.
Overall, the applicant’s request is consistent with the character and composition of the M-1 A zoning
district and staff can support the text amendment with the conditional use limitations.
ANCILLARY (ACCESSORY) RETAIL USES WITHIN M-1A LIGHT INDUSTRIAL
DISTRICT a
Awlicant’s Proposed Text Amendment
The Applicant is requesting Code Section 78-1 5 1 be amended to state the following: (Deletions are
&w&, new language is underlined)::
Sec. 78-151. M-1A-Light industrial district.
(a) Composition and intent. The M-1A light industrial district is composed of land and
structures suitable for light manufacturing, wholesaling, and similar uses. These districts shall have
convenient access to present and future arterial roadways, highways, and railway lines. These
districts are usually separated from residential areas by business districts or by natural barriers. The
district should be buffered fiom adjacent residential and nonresidential uses through the use of
opaque walls, landscaping, berms, or any combination of such techniques.
(b) Permitted uses. Permitted uses are described in the chart in Table 21. Uses permitted in
the district may offer the sale of items to the general public so long as such sale is clearly subordinate
and incidental to and is customarily associated with the principal use permitted within the zoning
district. Notwithstanding the preceding, the retail sale of items that would be considered to create a
Date prepared: October 22,2008
Meeting Date: October 28,2008
Petition: LDRA-08-03-000018
Page 6 of 13
redar and consistently recurring draw of a repeat patron to the proiect site that is outside of the light
industrial character of the district, whether or not such sale is considered ancillary (accessory) to the
princiDal use, is prohibited. Any floor area directly associated with such permitted ancillary
[accessory) retail sale that would not otherwise exist for the Drincipal use. including any area utilized
by employees specifically to serve the ancillary (accessory) retail component, shall be limited to no
more than 20% of the aoss floor area of the building or groups of buildings occupied by such use.
The Citv’s Growth Management Administrator may request demonstration of same prior to the
issuance or renewal of business tax receipt for the principal use.
(c) Property devezopment regulations. Property development regulations, including building
site area and width, lot coverage, required setbacks, height limits, etc., are provided in Table 12.
(d) District setbacks. The minimum setback for principal and accessory structures abutting a
residential district shall be 75 feet. * * * * * * *
Staff Analysis
City staff does not support the proposed language as written for the accessory retail component. It is
the position of the Growth Management Department that the proposed changes to Section 78-1 5 1 ,
Permitted uses, are (1) not consistent with the overall composition and intent of the City’s Industrial
Districts; (2) undermine the opportunities for employment center uses within the Light Industrial
District (M-1 A); (3) the language as proposed is contrary to the definition accessory uses as currently
permitted within this zoning district and others; and (4) traffic impacts fiom the amendment would
have a negative impact on the existing infrastructure.
(I) Contrary to the Composition and Intent of the City’s Industrial Districts
The Industrial zoning districts are designed to transition in scale fiom a less intense industrial zoning
district as established in the “M-1 - Research and light industrial park district” to the most intense
industrial zoning district, “M-2 - Heavy industrial district.” The permitted uses and district
regulations increase in industrial focus and manufacturing intensity as they transition fiom M- 1 ,
through M-1A to M-2. The uses become purely industrial and more suitable for heavy
manufacturing and related materials.
Date prepared: October 22,2008
Meeting Date: October 28,2008
Petition: LDRA-08-03-000018
Page 7 of 13
The City Industrial districts are outlined accordingly:
* * * * * * *
Sec. 78-150. M-1-Research and light industrial park district.
a) Composition and intent. The M-1 research and light industrial park district is composed of
and and structures suitable for light manufacturing, research and educational facilities,
wholesaling, and similar uses, developed in a planned park-like development, and compatible
with adjacent residential and nonresidential uses.
b) Permitted uses. Permitted uses are described in the chart in Table 2 1.
c) Property development regulations. Property development regulations, including building site
area and width, lot coverage, required setbacks, height limits, etc., are provided in Table 12.
d) District boundary setbacks. The minimum setback for principal and accessory structures
abutting a residential district shall be 75 feet.
e) General requirements. Retail sales and consumer service establishments are allowed as
accessory uses to any permitted or conditional use. However, the commercial uses shall not
occupy more than five percent of the gross floor area of all buildings on any lot or group of
contiguous lots in common ownership or approved as part of one development order
approval.
Sec. 78-151. M-1 A-Light industrial district.
a) Composition and intent. The M-1A light industrial district is composed of land and
structures suitable for light manufacturing, wholesaling, and similar uses. These districts
shall have convenient access to present and future arterial roadways, highways, and railway
lines. These districts are usually separated from residential areas by business districts or by
natural barriers. The district should be buffered fiom adjacent residential and nonresidential
uses through the use of opaque walls, landscaping, berms, or any combination of such
techniques.
b) Permitted uses. Permitted uses are described in the chart in Table 2 1.
c) Property development regulations. Property development regulations, including building site
area and width, lot coverage, required setbacks, height limits, etc., are provided in Table 12.
d) District setbacks. The minimum setback for principal and accessory structures abutting a
residential district shall be 75 feet.
Date prepared: October 22,2008
Meeting Date: October 28,2008
Petition: LDRA-08-03-000018
Page 8 of 13
Sec. 78-152. M-2-Heavy industrial district.
(a) Composition and intent. The M-2 heavy industrial district is composed of land and
structures occupied by or suitable for heavy manufacturing and related activities. Located for
convenient access to present and future arterial roadways and railway lines, these districts are
usually separated from residential areas by business districts or natural barriers. The district
should be buffered fiom adjacent residential and nonresidential uses through the use of
opaque walls, landscaping, berms, or any combination of such techniques.
(b) Permitted uses. Permitted uses are described in the chart in Table 21.
(c) Property development regulations. Property development regulations, including building site
area and width, lot coverage, required setbacks, height limits, etc., are provided in Table 12.
(d) District setbacks. The minimum setback for principal and accessory structures abutting a
residential district shall be 75 feet. *******
The M-1- Research and light industrial park district is consistent with a planned industrial park
development, such as the NorthCorp Planned Community District (PCD). The M-1 zoning district
permits retail sales and consumer service establishments within the zoning district while limiting
such retail and consumer uses to no more than five percent (5%) of the gross square footage. The M-
1 A light industrial district is intended to provide a transition from the research and light industrial
uses permitted in the M-1 zoning district to the heavy industrial uses permitted in the M-2 industrial
district. The Applicant’s proposed code change would allow four times more retail sales and
consumer services (20% vs. 5%) within the M- 1A zoning district, than is currently allowed in the M-
1 district. Currently, no retail sales or consumer service establishments are allowed in the M-1A
zoning district. The language reverses the transition from less intensive industrial to more intensive
industrial, which is contrary to the composition and intent of the established districts.
(2) Undermine the opportunities for employment center uses within the Light industrial
district (M-1A)
Permitting retail sales and consumer services establishments within the M- 1 A zoning district would
allow commercial uses, not customarily permitted within the zoning district, to locate within the less
expensive industrial zoning district. Allowing such uses in the M-1A district would effectively
reduce opportunities for industrial andor employment center uses in the very zoning district in which
they are currently planned for and would force them to compete for the available industrial space
with retail users.
Date prepared: October 22,2008
Meeting Date: October 28,2008
Petition: LDRA-OS-03-000018
Page 9 of 13
The district is within the City’s Bioscience Overlay, which was created to secure opportunities for
job creation and provide incentives to develop a cluster of the bioscience research / biotechnology
industry planned for the northern end of Palm Beach County. Creating opportunities for economic
development is consistent with the City’s current goal of diversifying the existing land-use
designations City-wide to provide for more sustainable development in the future. Allowing for
additional non-targeted uses, such as commercial retail or residential, diminishes the opportunities
for economic development.
(3) The language, as proposed, is contrary to the definition of accessory uses as currently
permitted within this zoning district and others within the City.
Accessory uses (aka ancillary uses) are permitted in every zoning district with the exception of
Commercial Recreation (CR). The LDRs do not have a quantitative limit for accessory uses since
the uses are limited by definition, to a use that is customarily incidental and subordinate to the
principal use. The accessory use is not permitted to function outside of the principal use, such as a
childcare facility as an accessory use to a large-scale office or industrial development. The child care
facility serves the principal use only and may not advertise for outside customers that would increase
the intensity of the use by drawing an additional customer base. The applicant is requesting that the
City provide a maximum gross area of 20% for accessory uses within the M-1A zoning district,
which would change the character of the zoning district by establishing a right to such accessory
uses, which currently does not exist. The applicant has confused the definition of accessory use with
the LDR provision that permits up to 5% retail sales and consumer service establishments as part of a
planned industrial park, which is provided for within the M-1 zoning district but not the M-1A (see
attached memo from R. Max Lohman).
The Research and Light Industrial Park District (M-1) is consistent with a planned industrial park
development, such as the NorthCorp Planned Community District (PCD). The M-1 zoning district
language permits retail sales and consumer service establishments as accessory uses to any permitted
or conditional use with a limitation of no more than five percent (5%) of the gross floor area of all
buildings on any lot or group of contiguous lots in common ownership or approve as part of one
development order. These retail uses are meant to serve the industrial uses to cut down or minimize
trips by providing internal capture, not as a draw for regional or local traffic. Instead of traveling
outside the complex for lunch or dry cleaning services, users can access those uses internally, such as
in the case of NorthCorp where a 4,000 square foot deli was approved within the planned industrial
park.
The Applicant’s contention that the existing code language does not permit a sales component or
Date prepared: October 22,2008
Meeting Date: October 28,2008
Petition: LDRA-08-03-000018
Page 10 of 13
accessory retail use that is clearly subordinate to the principal use, such as the Applicant’s example
of the veterinary office selling dog collars, simply is not true. While the M-1A Light industrial
district does provide not for an overall allocation of 5% for retail uses within the district, it does
permit those sales that are customary and incidental to the principal use, such as the sale of dog
collars or dog food within the lobby of a veterinary office. However, in order for such uses to be
permitted as accessory uses, they must serve and be subordinate to the principal use. This
determination is made by evaluating impacts created by a proposed accessory use, including but not
limited to the following; size, area, number of employees required, traffic generated, and parking
generated.
Specifically, it is the definition of “wholesale” that limits the ability to sell goods and services from
the wholesaler to retailers for resale to consumers. The Applicant is permitted to categorize a tile
company under the Lumber yard and building materials, which is classified under the retail section of
Table 2 1 and the definition does not limit to whom the products may be sold.
Ultimately, the Applicant is not required to amend the Land Development Regulations in order to
permit a tile company to sell in bulk to contractors, as well as the occasional customer re-tiling their
bathroom as a weekend project.
(4) Traffic impacts from the amendment would have a negative impact on the existing
infrastructure and general character of the zoning district
As outlined in the technical memorandum from the City’s traffic consultant, it is impossible, at this
juncture, to determine whether permitting aretail component within the M-1A light industrial district
of 20% of the gross floor area of the buildings or group of buildings occupied by the principal use
would generate additional external traffic or simply provide for internal capture of the existing traffic
(see McMahon Associates Memo dated September 12,2008). However, the conversion of 20% of
the existing industrial space to retail space would clearly have a negative impact on the roadways
within the M1-A zoning district. The majority of the roadway infrastructure within the district is
limited to two-lanes; and as such, is simply not designed to support the volume of traffic which retail
uses typically generate.
The City Traffic Engineer did not accept the proposed changes to the City’s Land Development
Regulations.
Based on the four aforementioned positions, City staff cannot support the change to the text code.
Specifically, because the uses set forth by the Applicant are not restricted in the sale of goods to
Date prepared: October 22,2008
Meeting Date: October 28,2008
Petition: LDRA-08-03-000018
Page 11 of 13
retailers for resale, such as Wholesale and warehousing, general uses the proposed amendment is
unnecessary to meet the Applicant’s objection to lease to a tile company.
ComDarative Analysis
Staff has analyzed other local municipal codes in an effort to determine if it is customary to allow
retail sales in the Industrial districts. Staff notes that two municipalities in the area (City of Boca
Raton and the Town of Jupiter) and the Palm Beach County Unified Land Development Code do not
prohibit retail and wholesaling for specific uses. However, the City of Palm Beach Gardens does not
limit accessory uses of other permitted and conditional uses within the M-1A industrial district,
unless specified in the definition of the use.
Staff notes that the Town of Jupiter’s policy (attached), as referenced in the Applicant’s narrative,
does not permit the 20% accessory retail sales in the industrial districts as claimed by the Applicant.
The policy limits the accessory retail use to a maximum of 2,000 square feet for the sale of
intermediate products that are processed, assembled, distributed or stored within the zoning district.
CONSISTENCY WITH EXISTING GOALS, OBJECTIVES AND POLICIES WITHIN THE
CITY’S COMPREHENSIVE PLAN
The proposed LDR text amendment to permit a maximum of 20% accessory retail uses within
the M-1A zoning district is inconsistent with the Goals, Objectives, and Policies of the City’s
adopted Comprehensive Plan. An example of some of the goals, objectives and policies that the
request is inconsistent with and furthered by the proposed amendment, are listed below.
Future Land Use Element
Objective 1.1.5.: Future Growth, development, and redevelopment shall be directed to areas as
depicted on the Future Land Use Map, consistent with: sound planning principles; minimal natural
limitations; the goals, objectives and policies contained within this Comprehensive Plan; and the
desired community character.
Staff Analysis: The proposed language is not consistent with the City’s Comprehensive Plan, which
encourages a balanced and diversified economy. Staff has utilized sound planning principles to
achieve the desired community character and follow the goals, objectives and policies contained in the
Comprehensive Plan in the analysis of the proposed text amendment. Staff finds that the proposed
amendment to the Code does not follow sound planning principles. It is purely to provide for
additional uses so that the pool of possible tenants may be expanded for the Applicant.
Date prepared: October 22,2008
Meeting Date: October 28,2008
Petition: LDRA-08-03-000018
Page 12 of 13
Economic Development Element
Objective 13.1.1.: Balanced and Diversified Economy
Palm Beach Gardens shall maintain and expand a diversified economy by encouraging growth in
targeted cluster industries that provide high-wage employment and complement changing economic
conditions by supporting existing businesses and by retaining and improving resource-based sectors,
such as tourism, retirement, and recreation.
Policy 13.1.1.1.: The City shall continue to attract industries and employers in cluster industries such
as biotechnology, communications, information technology, medical products, marine biology,
aerospace research, and associated ancillary businesses:
Policy 13.1.1.4.: The City shall allocate adequate commercial, industrial, and residential acreage
through mechanisms such as zoning and land use plans to meet future needs of a diversified
economy.
Policy 13.1.1.8.: The City shall ensure that an adequate amount of land is designated and zoned to
categories that permit Bioscience Uses.
Staff Analysis: Although limited, the inclusion of retail sale of items creates opportunity for retail
uses, while diminishing opportunities for economic development by creating competition for
available lands within the community. Overall it undermines the City’s Industrial district and limits
the City on encouraging a balanced and diversified land use plan.
STAFF RECOMMENDATION
Staff recommends APPROVAL of the Studio, Professional and Instructional uses.
Staff recommends DENIAL of the text amendment to the M- 1A Light industrial district to provide
for 20% accessory (accessory) retail uses based on the following findings:
9 The proposed text amendment is inconsistent with the existing Goals, Objectives and
Policies of the City’s Comprehensive Plan;
The proposed text amendment is inconsistent with the overall composition and intent of the
City’s Industrial Districts;
The proposed text amendment undermines the opportunities for employment center uses
within the Light Industrial District (M- 1 A);
The language, as proposed, is contrary to the definition of accessory uses as currently
0
0
Date prepared: October 22,2008
Meeting Date: October 28,2008
Petition: LDRA-08-03-000018
Page 13 of 13
permitted within this zoning district and
The traffic impacts from the
the City; and
0 a negative impact on the existing
infrastructure.
JOHNSTON GROUP
Land Development Consultants, Inc. [I
JUSTIFICATION FOR LDR TEXT AMENDMENT
USES WITHIN THE M-IA LIGHT INDUSTRIAL DISTRICT:
Ancillary Retail Component of Uses Already Permitted;
Studio, Instructional; and Studio, Professional
Revised Septembe r io. 2008
REQUESTS
Johnston Group Land Development Consultants, inc., on behalf of Riverside Drive Investors, LLC
(“Applicant”), owner of industrially-zoned property within the City of Palm Beach Gardens, hereby
respectfully requests an amendment to the City’s Land Development Regulations (“LDRs”) to provide
for (I) uses that are already allowed within the City’s M-iA Light industrial District to be permitted to
offer the sale of items to the general public so long as such sale is clearly subordinate and customarily
associated with the principal use; and (2) Instructional Studios and Professional Studios to be
considered Minor Conditional Uses in the M-iA tight industrial District (“District”).
mRY RFTW COMPONENT OF PERMlllED USES
Peb ..
The following is a list of the permitted and conditional uses of the District as established in the City’s
LDRs. As a reference for a subsequent section of this narrativeljustification, uses that by their very
nature would contain a retail component, whether as the principal use or a Use that is ancillary to, yet
customarily associated with, the principal use have been identified in bold italics.
Auto Repair, General
Auto Service Station and Minor Repairs
Barber/Beauty Supplies and Equipment Sales
Bicycle Sales and Repair
Farm Equipment and Sales
Feedston
Landscape, Nursery, and Garden Supplks
Lumber Yard and Building Materials
Machinery, Tools, and Construction Equipment Sales
and Service
Medical and Dental Supply Sales
Motorcycle Sdes and Service
Pet Grooming Shop
Restaurant, General
Animal Boarding Kennel (Conditional Use)
AutolTruck Body Repair Shop
Painting and Decorating Contractor
Picture Framing
Print Shop
Lawn Mower Sales and Repair
Self Service Storage
Office, Professional and Business
Veterinary Office and Clinic (Conditional Use)
College or University, Public or Private
Post Office (Conditional Use)
Churches and Places of Worship (Conditional Use)
Post Office, Accessory
Satellite College or University (Conditional Use)
Schools, Publk and Private (Conditional Use)
Golf Course, Public or Private (Conditional Use)
Park, Public
Bullding Supply, Wholesale
601 Heritage Drive, Sulte 127 luplter. FL 33458. 561.691 4552 p . 561 691 0553 f. iiifo:~johnstongroupinc.com www.johnstorigioul,tii~ (mil
LDR Amendment Justification
September IO, zoo8
Page 2 of 5
Automatic/Self-Serve Car Wash
Boat Repair
BuskJ Trade and Vocational Schools
cold Storage Facility
Data Processing Service
Day Care, Child and Adult (Conditional Use)
Dry Cleaning
Electronic Repair
Express or Parcel Delivery Distribution Center
Housekeeping and Janitorial Services
Laboratory, General
Laboratory, Dental or Medical
Contractor3 Storage Yard
Laundry, Linen Supply and Cleaning Service
Locksmith
Machine Shop
Motion Picture Studio
Accessory Uses
Satellite Dishes, Accessory
MnJ sales
Florist
Food P
Whole
Fumiti
Labora
OrthoF
Printill
Sportir
Tool M
Well di
Autom
(Condi
Freighi
Utility
Utilitle
Wirele
Mobile
Trailer
TOY Mi
Uses wkMn the Mi-A -I Dlstrb
As evidenced by the uses listed above in bold text, the (
District that contain a retail component. However, the
established in the CityJs LDRs, does not specially identify t
general public, when in fact such use customarily contains
“Pet Grooming Shop” or a ‘Veterinary Office or Clinic” H
for pets to its patrons; a “Golf Course” would generally c
equipment and accessories to its patrons; a “Picture Frar
sale of picture frames to its patrons; an “Automobile Ref
accessories to their patrons; a building materials “Whole
merchandise directly related to its wholesale businm to
their primary wholesaling business; a “Self Service Storag
padlocks and associated items, and so on. Due to the f
specifically identify the ancillary retail component of such
the LDRs to allow for such retail uses that are subordinate
use permitted within the District, it has been the City’s p
are ancillary to a permitted use within the District are not
Based on the information contained in the preceding
amendment to the City’s LDRs to include specific languai
the District to offer the sale of items to the general publi
the principal use. The Applicant understands that the C
within the district to contain a retail component that WOI
site above and beyond that which would customarily visit
oducts, Wholesale Storage and Sales
ale and Warehousing, General
.e Manufacturing, Repair and Restoration
:ory, Research and Development
edic Brace Manufacturing and Repair
[and PubllsMng
g Goods Manufacturing
mufaduring
nufacturing
lling Company
)bile, RV, and Boat Storage, Commercial
ional Use)
Depot
’lant and Major Substations (Conditional Use)
Minor
s Teletommunication Facilities
Home, Temporary (Conditional Use)
, Construction
t
ity’s LDRs currently allow for uses within the
classification of certain uses listed above, as
iat such use may offer the sale of items to the
an ancillary retail component. For example, a
ould customarily offer the sale of accessories
mtain a pro shop that offered the sale of golf
ling” establishment would generally offer the
air” establishment may offer the sale of auto
ding” business may offer the sale of certain
the public as a supplementary component of
?’ business may offer the sale of boxes, tape,
ict that (I) certain uses in the district do not
aes; and (2) there is not a specific provision in
to and customarily associated with a principal
,sition in the past that certain retail uses that
illowed.
paragraph, the Applicant is requesting an
e that will allow for uses already permitted in
ty may not desire to open the door for uses
Id create a substantial draw of patrons to the
:he light industrial use(s) on-site. Accordingly,
: so long as such sale is clearly subord j5& to
LDR Amendment Justification
September io, zoo8
Page 3 of 5
the applicant is proposing the following language that strictly limits the scope of the ancillary retail
component, yet allows light industrial uses to offer the sale of items to general public as an ancillary and
customary component of their business:
Sec. 78-151. M-iA-Light industrial district.
(a) Composition and intent. The M-iA light industrial district is composed of land and structures
suitable for light manufacturing, wholesaling, and similar uses. These districts shall have convenient
access to present and future arterial roadways, highways, and railway lines. These districts are
usually separated from residential areas by business districts or by natural barriers. The district
should be buffered from adjacent residential and nonresidential uses through the use of opaque
walls, landscaping, berms, or any combination of such techniques.
(b) Permitted uses. Permitted uses are described in the chart in Table 21. Uses per-d in the
district may offer the sale of items to the general public so long as such sale is clearly sub ordinate
district. Notwithstandine the preceding, the retail sale of items that wo uld be considered to create
a regular and consistently recurring draw of a repeat patron to the p ro iect site that is outside of the
trial Wacter of the district, whether or not such sale is considered mry to the
ipal use. IS Drohiblfied. Anv floor area directly associated with -d anallarv retarl
sale that would not othe rwise exist for the principal us e, including any a rea utilized by employees
serve the an- retail wonent <hall be bited to no Wre th- of the pros -
Manag ement Administrato r mav rea .uest demonstration of same prior to the issuance or renewal of
(c) Property development regulations. Property development regulations, including building site
area and width, lot coverage, required setbacks, height limits, etc., are provided in Table 12.
(d) District setbacks. The minimum setback for principal and accessory structures abutting a
residential district shall be 75 feet. Sec. 78-151. M-iA-Light industrial district.
I to and is customarilv associated with the prinu use permitted within .. ..
.. .. ..
..
floor area of the building or groups of buildings occupied by such use. The Ci ‘t ys Growth
.. CCUDWI license for the Drinopal use,
The Applicant is the owner of property within the City that is zoned M-iA and contains approximately
100,ooo square feet of vacant space. When entertaining prospective tenants, the Applicant has found
that several business that would currently be permitted with the District customarily have a small
component of their business that involves the sale of items to the general public. It is not the intent of
the Applicant to change the composition or character of the District with the proposed amendment. It
is merely the Applicant’s intention to have the ability to inform prospective tenants that the customary
sale of retail items as an ancillary component of their business is permitted within the District, subject to
certain restrictions. The proposed text amendment provides for same while providing the City the
assurance that businesses will not abuse the allowance by establishing a retail use that is neither
customarily associated with the principal use nor consistent within the character of the District.
It should be noted that the proposed text is either consistent with or more restrictive than certain other
municipalities in the area in terms of the percentage of ancillary retail allowed as evidenced below:
1. Palm Be ach County: The Palm Beach County Unified Land Development Code (“ULDC”) states
that “Accessory uses and structures shall not exceed 30 percent of the GFA and or business
receipts of the principal use or uses, whichever is more restrictive. It should also be noted that
LDR Amendment Justification
September IO, zoo8
Page 4 of 5
As previously stated, the Applicant is currently performihg
comprising almost 100,ooo square feet of industrialloffice
individual tenants. The Applicant has recently been appr
the description of either an Instructional Studio or a
since said uses are not currently permitted in the District.
As reflected on the map found on the following page,
Burns Road to the north, the Thompson River to the south
the “heart” of the City. Existing uses within the
include but are not limited to office, light industrial, retai,
The District is not comprised of heavy industrial uses tt
description of Professional and/or Instructional Studios.
is generally comprised of older, industrial-type structures
the ULDC also states that (I) the retail sale of
as an accessory use in an Industrial
ancillary retail in it’s Industrial
allied products) may be
supplies (as an example) is permitted only
(demonstrating that the County allows
sales of building materials (lumber and
but must be clearly accessory
to the primary use.
renovations to two sites within the District
space that will be available for lease to
>ached by multiple prospective tenants that fit
Professional Studio but has had to turn them away
tie City’s Mi-A District is generally bounded by
and west, and the FEC Tracks to the east, in
approximately 22 parcels that comprise the District
personal service, medical office, and schools.
at would be incompatible to uses that fit the
In fact, the existing fabric of the District which
lends itself to Studios since such uses (I) may
. iter: As a policy set forth in Februa of 2000, the Town of Jupiter allows up to 20%
of the floor area of a particular use in its lndust al Districts to be allocated to accessory retail
sales so long as such retail sale in clearly subordl P ate and incidental to the industrial use.
2. JownofJu~
Given the fact that the LDRs currently do not provide f r accessory retail uses in the District, the City
and its business/property owners are at a disadvanta e when it comes to attracting certain light
industrial uses, such as a tile wholesaling business, that would customarily contain a retail component
that is ancillary and customarily associated with the prin ipal use. Yet, such a use would be a perfect fit
within the District if it were permitted in its entirety. e proposed Code language will bring the City
and its property owners more in line with the curre t market demands for certain uses without
compromising the intent of the District. i
The proposed amendment is well supported and will be 4 benefit to the City and its residents.
Jmucno~lu STUDIOS AND PROFESSIONAL Swoids
The LDRs deflne an “Instructional Studio” as “a co mercial establishment providing training or
instruction for compensation in marital arts, exercise, mnastics, and related activities,” and define a
“Professional Studio” as “an establlshment used in the p actice of artistic pursuits, including instruction,
for fine arts, music, photography, painting, sculptur , drama, speech, and dance.” Currently,
Instructional Studios and Professional Studios (colle ively “Studios”) are neither permitted nor
conditionally permitted in the District. Rather lnstructi nal Studios are only permitted in the General
Commercial (CCi) and the Intensive Commercial (CG2 districts; and Professional Studios are only
permitted in the General Commercial (CGi), Intensive C mmercial (CG2), Professional Office (PO) and
Public/lnstitutional districts. f
LDR Amendment Justification
September io, 2008
Page 5 of 5
square-foot basis than light industrial sites; and (2) often require large interior spaces typically found in
the District’s industrial buildings. Further, the District is located within close proximity to residential
areas within the City which could be well served by Studios located within the District.
L 3
It is for the reasons outlined in the preceding paragraph that the Applicant is proposing an amendment
to the LDRs to allow for Professional Studios and Instructional Studios to be considered permitted uses
in the MIA zoning district. Studio uses are consistent with and will be a compliment to the other uses in
the District and will not alter the character thereof.
In summary, the Applicant is working diligently to secure tenants to occupy nearly 100,ooo square feet
of space in the City and feels that the aforementioned amendments to the text of the City’s LDRs are
critical to the success of its projects. The proposed amendments will have a positive effect on the
properties within and adjacent to the District and will encourage businesses to locate to the City that
may not otherwise do so given the existing limitations in the City’s Code with respect to uses In the
District.
ARTICLE IV. ZONING DISTRICTS
City of Palm Beach Gardens
Sec. 78-150. M-1-Research and light industrial park
(a) Composition and intent. The M-1 research and
uses, developed in a planned park-like
(b) Permitted uses. Permitted uses
(c) property development
and width, lot coverage,
(d) District boundary abutting a
(e) General
nonresidential uses.
park district is composed of land and
facilities, wholesaling, and similar
with adjacent residential and
including building site area
residential district shall be 75 feet.
is composed of land and structures
These districts shall have convenient
access to present
buffered from adjacent residential and
(b) Permitted uses. Permitted
(c) Property development
and width, lot
berms, or any combination of such techniques.
lines. These districts are usually
The district should be
of opaque walls, landscaping,
residential district shall be 75 feet.
(Ord. No. 17-2000, 3 85, 7-20-00)
Sec. 78-152. M-2-Heavy industrial district.
(a) Composition and intent. The M-2 heavy industri
occupied by or suitable for heavy manufacturing and
present and hture arterial roadways and railway line
residential areas by business districts or natural bani
residential and nonresidential uses through the use
combination of such techniques.
(b) Permitted uses. Permitted uses are described in the
(c) Property development regulations. Property
and width, lot coverage, required setbacks, height
(d) District setbacks. The minimum setback for
residential district shall be 75 feet.
(Ord. No. 17-2000, 9 86, 7-20-00)
is composed of land and structures
vities. Located for convenient access to
cts are usually separated from
ct should be buffered from adjacent
, landscaping, berms, or any
http://library 1 .municode. com/default/DocView/1284 1/1/ \40/ 144 10/24/2008
9 78-169 PALM BEACH GARDENS CODE
Table 21: Permitted, Conditional, and Prohibited Use Chart
p:
C = Minor Conditional Use C* = Mqjor Conditional Use P = Permitted Use
Blank = Prohibited
PUDs and PCDs = Permitted Uses by Development Order Apprw by City Council
Supp. No. 17 CD78:116
LAND DEVELOPMENT REGULATIONS 8 78-169
c). supp. NO. 22 CD78:117
0 78-159 PALM BEACH GARDENS CODE
Supp. No. 22 CD78: 118
e LAND DEVELOPMENT REGULATIONS 8 78-159
Q Supp. No. 22 CD78:118.1
c
c
LAND DEVELOPMENT REGULATIONS 5 78-169
c
Supp. No. 21 CD78:119
Q 78-169 - PALM BEACH GARDENS CODE
DeliV-
Extermination Service
Weight Reduction, and
Housekeeping and Jani-
torial Senrices L- Laboratory, General
Laboratory, Dental or I Medical
Laundry, Self Service
Laundry and dry-clean-
ing Pickup Station
Laundry, Linen Supply :T- and Cleaning Service
I Locksmith
~
Machine Shop
~~
Mail and Packing Store,
Private
I Marina, Commercial
Marina, Private Mooring I or Dock
leacent Facility
40
' 41
P 42
c
Supp. No. 21 CD78:120
G
0
LAND DEVELOPMENT REGULATIONS 8 78-169 L1
Supp. No. 17, Rev. CD78: 121
Q 78-169 PALM BEACH GARDENS CODE -
f
i
Supp. No. 17, Rev. CD78:122
c)
0
G
0
LAND DEVELOPMENT REGULATIONS 8 78-169
Supp. No. 17, Rev. CD78: 122.1
0
-
I
LAND DEVELOPMENT 8 78-159
Supp. No. 17 CD78:123
9 78-159 PALM BEACH GARDENS CODE
(1) Home Occupations. Home occupations are commercial or occupational uses performed
in a residential dwelling unit by a resident or family member. Home occupations are
subject to the standards listed below.
a.
b.
Only lawful residents of the dwelling unit shall be engaged in the occupation.
The use of the premises for the home occupation shall be clearly incidental and
subordinate to its use for residential purposes by its occupants. The use shall not
change the residential character of the premises.
c. There shall be no change in the outside appearance of the building or premises,
or other visible evidence of the conduct of the home occupation.
d. Home occupations shall not be conducted in any accessory building or structure,
or any open porch or carport which is attached to and part of the principal
structure.
e. Home occupation shall not occupy more than 15 percent of the floor area of the
dwelling unit, excluding any open porch, attached garage, or similar space not
suited or intended for occupancy as living quarters.
f. Traffic shall not be generated by the home occupation in greater volumes than
would normally be expected in a residential neighborhood.
Vehicle parking shall be located on the same lot or premise as the home
occupation.
Equipment or processes which create noise, vibration, glare, fumes, odors, or
electrical interference detectable to the normal senses at any lot line shall not be
used in a home occupation. In addition, equipment or processes shall not be used
g.
h.
Supp. No. 11 CD78:124
‘I L
66 CMAHON . :..
TO:
FROM
SUBJECT:
DATE:
HcMAHON ASSOCIATES. INC.
7741 N. Mititay Tra# I Mtt 5 I Pah Beach Gardens, R 33410
www .ncmtrant.com
p 561-840-8650 I f 561-840-8590
TECHNICAL MEMORANDUM
Kara Irwin, Growth Management Administrator
City of Palm Beach Gardens
John P. Kim, P.E., ROE, Senior Project Manager
LDR Text Amendment - Riverside
McMahon Project No. M06344.62
September 12,2008
PRINCIPALS
Joseph w. MoMahon, P.E.
RodnyP. Plarde,Ph.D., P.E.
Joseph J. Dehnns. P.E., PTOE
JohnS.DePdma
Wlh T. Steffens
Casey A. We, P.E.
ASSO CI ATES
Gay R. McNauphtar, P.E., PTOE
John J. Mltchal, P.E.
John F. Yacapsln, P.E.
Tholnar A. Wl
Mark A. Rdh, P.E.
chiistopher J. wnibmr, P.E.
McMahon Associates, Inc. (McMahon) has been asked to review a request to amend the City of
Palm Beach Gardens' Land Development Regulations (LDR) to permit retail sales to the general
public in the Light Industrial District if the sale is subordinate and customarily associated with
the principal use. McMahon has reviewed the justification letter prepared by Johnston Group
dated August 7,2008 and offers the following comments:
The City's LDR's presently has a specific list of conditional and permitted uses for the M-1A
Light Industrial District that do have a retail component. The applicant is suggesting a text
amendment that would allow up to 20 percent of industrial building(s) area to permit andlary
retail sales. From a traffic engineering/planning perspective, this should not be permitted. It
would be extremely difficult to determine whether the retail use in question would generate
new traffic or simply feed off of the vehicular traffic generated by the principal industrial land
use. Vehicle parking could also become a major issue if this text amendment is approved.
The General Light Industrial land use category of the Institute of Transportation Engineers (ITE)
7* Edition Trip Generation publication, which is typically used to develop vehicle trip
generation characteristics for traffic impact analyses, does not include retail as a component or
ancillary use. Their definition for the light industrial land use category (110) is as follows:
Light industrial facilities employ fewer than 500 persons, they have an emphasis on activities
other than manufacturing and typically have minimal office space. Typical light industrial
actfoid'lcs include printing, material testing and assembly of data processing equipment. ntese
ma free standing facilities devoted to a single use. General heavy industrial (Land Use 120),
Industrial park (Land Use 130) and manufacturing (Land Use 140) are related land uses.
Corporate Headquarters: Fort Washinqton, Pennsylvania
Serving the East Coast from 11 offices throughout New England, the Mid-Atlantic, and Florida
LDR Text Amendment -Riverside
September 12,2008
Page 2 of 2
It is the trip generation equations from this land use description that is accepted for traffic
impact studies when they propose light industrial uses. No retail component, ancillary or
otherwise, is taken into account. Should the proposed text amendment be accepted, additional
trip generation rates may have to be applied to account for the potential of new vehicle trips
generated by the retail mmponent of the principal industhl, especially given the difficulty of
verifyhg the nature of traffic generated by the retail portion of the building(s).
The justification letter presents excerpts from Palm Beach County and one town to justify its
request, but fails to provide the entire code section of even reference which section of the code
they were taken from. The fact that the County or Town of Jupiter may permit a blanket
percentage of retail in the industrial district should not be a basis for the City of Palm Beach
Gardens to follow suit.
The City‘s code specifies a number of land uses for the Light Industrial District that have a retail
component. Amending the code to permit any and all uses to have 20 percent of their building
area for ancillary general retail sales to the public has the potential of underestimating the traf6c
implications for proposed developments in this industrial district and causing unforeseeable
traffic circulation, operations and parking issues.
The industrial district needs to be IILaintained as an industrial area and not enowrage the
eventual convefsion of industrial uses to retail uses. From a traffic engineering/planning
perspective, the text amendment should not be accepted or approved.
Please contact me with any question you may have regarding this review.
A A
DATE:
To:
FROM=
SUBJECT:
TOWN OF JUPITER
TOWN MANAGER'S OFFICE
February 14,2000
Councilor Barbara Henderson
lee R. Evett, Town Manager
Actersory Uses - In order to address your mmms related to accessoty uses, staff has provided the follms
inhination as to how such uses are determined.
The zoning code states an 'aaceaory use mean the use of a structure or lot, or portions thereof,
which is custrrmarily incidental and subordinate to the main use of the structure or lot, but not
induding a home occupation."
An example in the code is bund in the industria! zoning districts. The I-1 and C2 districts use-byr&ht
table pllaws the "prucessing, assembly, distrii, storage or warehousing involving the finishing of
irttermediaeeprrxlucts"andbelowthatrrse"wholesaleorretailsalesof~li~maderiator~wIed
produclr' is atlawed. In the I-3 district retail sales are prohibiaed 'except as incidental to a permitted
use praviding the maximum size shall be 2,000 square f&." For example, a manufaduring business
drat assembles or fabricates furniture in the industrial district could be permitted to sell the furniture
assembled or fabricated onsite as on accessory use.
a
For ddret areas, as a matter of policy the Planning and Zoning Director has identified twenty percent
as the typical benchmark for the maximum area an acmssory use can occupy. Additional
mMeration may be given b other facton such as a limited volume of sales and business location to
avoid having this poky abused. An example of how the policy is administered is as follows: an
opeometristlocated in thecommerdal offie district would be permitted to sell eye glasses to customers
without a special exception for retail sales, provided the area of the business dediciitd to this use is
not over 20 percent
I bust this information has addressed your concerns.
Respectfully submitted, t Town R. Manager Even
i! c The Honorable Mayor and Members of the Town Council
Diretor of Planning and Zoning I.
i
To.
FROM:
DATE
RE:
July 16,2008
I
i
1
Jul 17 2008 l0:54AM Corbett and White 391 -Joo-JoL 1 r--
2
A
r. Jul 17 2008 10:54AM Corbett and Wnite 391 -JoO-Jol I
3
ARTICLE VI. DISTRICTS Page 1 of 2
Town of Jupiter
DIVISION 11. INDUSTRIAL PARK LIGHT INDUSTRY (1-1) e
Sec. 27-646. Intent.
The purpose and intent of the 1-1 park industrial district is to provide areas in appropriate
locations for certain types of business, light manufacturing, processing or fabrication of
nonobjectionable products not involving the use of material, processes or machinery likely to cause
undesirable effects upon nearby or adjacent residential or commercial property.
(Ord. No. 10-88, 9 510.1, 3-1-88)
Sec. 27-647. Use regulations.
(a) Uses by right. In the 1-1 park industrial district, land, buildings or premises may be used by
right only for one or more of the following:
(1) Research office or laboratory.
(2) Processing, assembly, distribution, storage or warehousing involving the finishing of
intermediate products.
(3) Business or professional offices.
(4) Restaurant.
(5) Auto paint and body shop.
(6) Lumber and building supply.
(7) Warehouses and Self-service storage facilities.
(8) Printing and publishing.
(9) Wholesale or retail sale of above material or finished products.
(IO) Upholstery shop.
(1 1) Auto repair station.
(12) Kennels (see division 22 of article X of this chapter).
(13) Truck rental and leases.
(14) Public uses (see division 10 of article X of this chapter).
(15) Adult entertainment establishments.
(16) Veterinary clinics.
(b) Special exceptions. The following uses may be permitted or denied in this district after
review by the Planning and Zoning Commission and provided the Town Council determines that
the application meets the criteria contained in section 27-98, all other applicable provisions of
law, and does not otherwise adversely affect the public.
(1) Bakeries and food processing.
(2) Dairy processing or bottling plant.
(3) Woodworking shop.
(4) Machinery shop.
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ARTICLE VI. DISTRICTS Page 2 of 2
(5) Utility services and transmission towers (see division 21 of article X of this chapter).
(6) Club.
(7) Day care and preschool facilities (see division 23 of article X of this chapter).
(8) Churches and other places of worship.
(9) Indoor recreation.
(10) Auction.
(1 1) Outdoor storage yard, primary (see division 39 of article X of this chapter).
(Ord. No. 10-88, Q 510.2, 3-1-88; Ord. No. 38-98, Q 6, 11-17-98; Ord. No. 46-98, Q 3, 9-8-98; Ord. No.
16-99, Q 2,6-1-99; Ord. NO. 27-99, Q 2, 10-19-99; Ord. NO. 37-99, Q 15, 10-19-99; Ord. NO. 45-07, 5 3,
3- 18-08)
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AK'I'ICLE V1. UlSl'KlCTS Page 1 of 2
DIVISION 12. INDUSTRIAL, GENERAL (1-2) Town of Jupiter
Sec. 27-676. Intent.
The purpose and intent of the 1-2 general industrial district is to provide areas in appropriate
locations where various light and heavy industrial operations can be conducted without creating
hazards to surrounding land uses.
(Ord. rc)o.'10-88, § 51 1.1 , 3-1-88)
Sec. 27-677. Use regulations.
(a) Uses by fight In the 1-2 general industrial district, land, buildings or premises may be used
by right only for one or more of the following:
(1) Any manufacturing, processing, repair or fabrication uses, except those listed as
special exceptions.
(2) Business offices.
(3) Warehouses and self-service storage facilities.
(4) Restaurant.
(5) Gasoline service or filling station (see division 4 of article X of this chapter).
(6) Lumberyard or builders supply (wholesale or retail).
(7) Industrial parks.
(8) Auto and motor repair stations.
(9) Kennels (see division 22 of article X of this chapter).
(IO) Public uses (see division 10 of article X of this chapter).
(11) Any use-by-right or special exception listed in the 1-1 district shall be permitted as
a use-by-right in this district except those uses which are specifically iisted as a special
exception in this district.
(12) Adlrlt entertainment establishments.
(b) Special exceptions. The following may be permitted or denied in this district after review by
the Planning and Zoning Commission and provided the Town Council determines that the
application meets the criteria contained in section 27-98, all other applicable provisions of law,
and does not othewise adversely affect the public.
(1) Asphalt and concrete mixing and product manufacturing.
(2) Utility services and transmission towers (see division 21 of article X of this chapter).
(3) Salvage (see division 16 of article X of this chapter).
(4) Airports and heliports (see division 18 of article X of this chapter).
(5) Marine facilities (see division 17 of article X of this chapter).
(6) Club.
(7) Day care and preschool facilities (see division 23 of article X of this chapter).
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ARTICLE VI. DISTRICTS Page 2 of 2
(8) Churches.
(9) Auction.
(IO) Outdoor storage yard, primary (see division 39 of article X of this chapter).
(Ord. No. 10-88, Q 51 1.2, 3-1-88; Ord. No. 84-90, Q 2, 10-16-90; Ord. No. 38-98, Q 7, 11-17-98; Ord.
No. 46-98, Q 3,9-8-98; Ord. No. 27-99, Q 3, 10-19-99; Ord. No. 37-99, Q 16, 10-19-99; Ord. No. 45-07,
Q 6, 3-18-08)
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ARTICLE VI. DISTRICTS
DIVISION 13. INDUSTRIAL, HIGH TECHNOLOGY ri
Page 1 of 3
Town of Jupiter
See. 27-706. Intent.
(a) The purpose and intent of the 1-3 high technology industrial district is to provide areas
within the Town where high technology and research uses may be located. Further, it is the
intent of this district to create a unique, campus-like setting which provides an alternative to the
conventional commercial and industrial zoning approach.
(b) It is essential that the regulations and requirements applying to this district are sufficiently
flexible in structure so as to encourage creative and imaginative designs in planning and
development. Finally, all development within this district shall be in support of the Town's
adopted comprehensive plan.
(Ord. No. 10-88, Q 512.1, 3-1-88)
Sec. 27-707. Use regulations.
(a) Uses by right. In the 1-3 higll technology industrial district, buildings or premises may only
be used for one or more of the following specified uses: research uses or light industrial uses, or
office uses which are related to high technology activities; limited warehousing; limited business
or professional office uses; and activities incidental and accessory thereto.
(1) Research uses, including theoretical and applied research in all of the sciences,
product development and testing, engineering development and marketing development.
(2) Light industrial uses, including manufacturing, fabricating, processing, converting,
altering and assembling, and testing of products, provided that such uses meet the
performance standards of this section.
(3) Office uses including, but not limited to, those office uses related to scientific or
industrial research, product development and testing, engineering development and
marketing development, and such other office uses which are ancillary to and
compatible with high technology uses.
(4) Limited public uses.
(5) Distribution facilities of 10,000 square feet or more.
(6) Adult entertainment establishments.
(7) Business or professional office, not to exceed 30 percent of the gross floor area of
any building.
(8) Warehousing (indoors), not to exceed 20 percent of the gross floor area of any
building.
(b) Accessory uses, Those uses, buildings or structures customarily related to those permitted
uses above as uses by right, may be permitted, provided that they meet all of the development
standards as herein set forth.
(1) Sales rooms for wholesale distribution of items manufactured on the premises.
(2) Garages for storage and maintenance of company vehicles and for storage of
gasoline and lubricating oils needed for operation of these vehicles, and for the
maintenance of company, plant and machinery located thereon.
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ARTICLE VI. DISTRICTS Page 2 of 3
(3) Parking facilities, including multi-level structures.
(4) Maintenance and utility shops for the upkeep and repair of buildings and structures
on the site.
(5) Utility facilities; those electrical, water, sewage, fire protection, etc., facilities that
may be required to operate the main use.
(6) Educational facilities for training and study.
(7) Storage buildings.
(8) Communication facilities.
(9) Living facilities for custodians and caretakers, there shall be a limit of one such
facility per building site. The living area of such a facility shall not exceed 600 square
feet.
(10) Data processing facilities.
(1 1) Employee credit unions.
(12) Cafeterias.
(c) Uses prohibited. The permitted uses enumerated in subsection (a) of this section shall not
be construed to include, either as a main or accessory use, any of the following uses:
(1) Automotive vehicle or trailer sales.
(2) The storage, service, repair or garaging of motor vehicles other than company
motor vehicles.
(3) Auto laundries.
(4) Mortuaries.
(5) Drive-in fast food restaurant.
(6) Bulk sales, storage or display of lumber or building materials or supplies.
(7) Outdoor displays.
(8) Drive-in theaters.
(9) Plumbing shops or sheet metal shops with less than 20,000 square feet or having
outdoor storage.
(10) Cabinet shops or carpenter shops with less than 20,000 square feet or having
outdoor storage.
(1 1) Outdoor storage or warehousing uses, except as incidental to a permitted use.
(12) Retail stores for sales to the general public, except as incidental to a permitted use
providing the maximum size shall be 2,000 square feet.
(1 3) Package stores selling alcoholic beverages.
(14) Wholesale outlets, except those established for the sole purpose of selling items
manufactured, fabricated, processed, converted or assembled on the premises.
(15) Bars or cocktail lounges that are not accessory uses to a permitted or conditional
commercial use.
~ (16) Self-service storage facilities.
(d) Special exceptions. The following uses may be permitted or denied in the 1-3 zoning
district, after review by the Planning and Zoning Commission and provided the Town Council
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L1
ARTICLE VI. DISTRICTS Page 3 of 3
determines that the application meets the criteria contained in section 27-98, all other applicable
provisions of the law, and does not othetwise adversely affect the public. It is the intent that
these uses not exceed 15 percent of the total gross floor area.
(1) Banks and financial institutions.
(2) Private clubs (health, dining, etc.)
(3) Duplicating, copying, letter and secretarial service establishments.
(4) Personal services.
(5) Laundry and drycleaning pick up shops and dry cleaning and pressing
establishments.
(6) Restaurants.
(7) Gasoline filling stations (see division 4 of article X of this chapter).
(8) Hotels and motels.
(9) Heliports (see division 18 of article X of this chapter).
(IO) Retail and service uses (maximum of 40,000 square feet of floor area).
(11) Uses to any of the above uses including the outdoor storage of passenger cars, panel or pick up trucks, or other items used in the business in such areas as designated
on the approved site plan and screened from view from all roadways by a masonry wall,
berm, hedge or other landscaped screen.
(12) Day care facilities, as an accessory use to a permitted use.
(13) Medical or dental clinic.
(Ord. No. 10-88, Q 512.2, 3-1-88; Ord. No. 38-98, Q 8, 11-17-98; Ord. No. 46-98, Q 3, 9-8-98; Ord. No.
37-99, Q 17, 10-19-99; Ord. No. 15-05, Q 2, 5-17-05)
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ARTICLE VI. DISTRICTS Page 1 of 1
Town of Jupiter
DIVISION 13-1. INDUSTRIAL, HIGH TECHNOLOGY LIMITED (1-4)
Sac. 27-725. Purpose and intent.
(a) The purpose and intent of the 1-4 high technology limited industrial district is to provide
areas within the Town where high tech, laboratory and office research uses may be located.
(b) It is the intent of this district to establish regulations which are flexible so as to encourage
creative and imaginative designs in planning for development.
(Ord. NO. 60-04, Q 2, 12-21-04)
Sec. 27-726. Use regulations.
(a) Uses by right. Land, buildings or premises, in the 1-4 high technology limited industrial
district, may only be used for the following uses, and those activities incidental and accessory
thereto.
(1) Research uses, including theoretical and applied research in all of the sciences,
product development and engineering.
(2) High tech laboratory research.
(3) Office uses related to scientific, laboratory, or limited industrial research, product
development and testing, engineering development and marketing development, and
such other office uses which are ancillary to high technology uses occurring on-site.
(b) Special exceptions. The following uses are special exception uses which are permitted in
the district, provided they meet the criteria set forth in section 27-98 of the Town Code.
(1) Those light industrial uses, involving manufacturing, fabricating, processing,
converting, altering and assembling, which are directly related to high technology uses
occurring on-site.
(2) Day care facilities, as an accessory use to a permitted use.
(3) Clinical research hospital.
(4) Limited living facilities for scientists, laboratory technicians, custodians and
caretakers that are demonstrated to be necessary to carry out a permitted use in this
district.
(5) Heliports (see division 18 of article X of this chapter).
(6) Limited public uses.
(Ord. No. 60-04, Q 2, 12-21-04)
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ARTICLE XII. INDUSTRIAL DISTRICTS*
City of Boca Raton
DIVISION 2. LlRP LIGHT INDUSTRIAL AND RESEARCH PARK DISTRICT
*Cross references: Sign regulations, Q 24-96; district boundary line plots, Q 28-304; building intensity
regulations, Q 28-307.
Sec. 28-976. Scope.
districts.
(Code 1966, Q 25-77.1; Ord. No. 4162, Q 2, 7-12-94)
The regulations in this division shall apply in all light industrial and research park (LIRP)
Sec. 28-977. Permitted uses.
No building, structure, or part thereof shall be erectec, altered or used, nor shall the premises
be used in whole or in part in LlRP districts for other than 1 or more of the following specified uses:
research uses or light industrial uses, or office uses which are related to LlRP activities, and activities
incidental and accessory thereto.
(a) Research uses shall include theoretical and applied research in all the sciences,
product development and testing, engineering development and marketing development.
(b) Light industrial uses shall include manufacture, fabricating, processing, converting,
altering and assembling, and testing of products, provided that no such uses shall:
1. Cause or result in dissemination of dust, smoke, gas or fumes, odor, noise,
vibration or excessive light beyond the boundaries of the lot on which the use is
conducted; menace by reason of fire, explosion, radiation or other physical
hazards; harmful discharge of waste materials; or unusual traffic hazards or
congestion due to type or amount of vehicles required by or attached to the use.
The performance standards for this paragraph shall be those set forth in section
2. Be dangerous to the comfort, peace, enjoyment, health or safety of the
community or the abutting areas or tend to their disturbance or annoyance.
28-1328.
3. Be inconsistent with the appropriate and orderly development of the city and
adjacent areas.
(c) Office uses that; contribute to sustaining the LlRP district as a viable zoning district,
encourage a mix of uses and are consistent with the comprehensive plan future land use
map category of IL (Light Industrial), as follows:
1. Office uses related to scientific or industrial research, product development
and testing, engineering development and marketing development;
2. Corporate offices providing, however, that they do not provide services or
uses to the general public on premises;
3. Professional offices, contingent upon compliance with the following
procedures and standards:
a. Such uses do not include medical offices, real estate offices or banks,
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ARTICLE XII. INDUSTRIAL DISTRICTS* Page 2 of 4
b. Such uses are limited to 33 percent of the gross floor area available
for lease in any structure,
c. The building containing professional office uses must:
(i) Have received a certificate of occupancy after September 1,
2004, or
(ii) Be reconstructed or refurbished (the entire building not just
the portion proposed for professional office use) to substantially
improve the appraised value, site design and appearance of the
lot and structure. For purposes hereof, reconstruction or
refurbishment shall be satisfied by (I) building improvements with
verified costs equal to at least 50 percent of the assessed value of
the building (assessed value of improvements only, not including
land), and (11) a change to the "quality designation" of the building
from class "B" office to dass ''A" office or class "C" office to class
"B office (as defined in the Urban Land Institute, Office
Development Handbook, Washington: Urban Land Institute,
1982). The change in designation referenced in II, above, must be
verified by the submission of a "letter of opinion" prepared by a
state certified general appraiser who is a member of an approved
appraisal organization,
(iii) Provide, at a minimum, 5,000 square feet of professional
office use;
d. The petitioner shall participate in the city's transit programs, including
but not limited to the payment of an annual fee, and must continue to
comply with the city's transportation demand management ordinance
criteria; and
e. Professional office use shall not be commenced, or continued unless
and until approval for same has been granted by the planning and zoning
board pursuant to chapter 28, article II, division 2, site plans; and
4. Other office uses, including support services, as well as uses which are
accessory to and compatible with LlRP uses. Support services for the purposes
of this zoning district shall be defined as companies which supply services
utilized wholly by other companies located in the industrial zoning districts. These
include clerical service companies, office equipment maintenance services,
janitorial services, corporate travel agencies, corporate credit unions, corporate
training facilities, and other similar uses.
(d) Permitted incidental and accessory uses shall include offices, salesrooms for the
wholesale distribution of items manufactured on the premises, garages for storage and
maintenance of company motor vehicles and for storage of gasoline and lubricating oils
needed for operation of these vehicles and for the maintenance of the company's plant
and machinery located therein; parking facilities; maintenance and utility shops for the
upkeep and repair of buildings and structures on the site and equipment used on the
site; central heating and power plants for furnishing heat and energy to structures on the
site; facilities for water, drainage, sewerage, fire protection, electrical, telephone, and
other utilities; educational facilities for training and study; storage buildings, helistops
and heliports, as herein defined, subject to the provisions of section 28-1451 et seq.;
communications facilities including antenna masts; clinics; cafeterias; recreational
facilities; custodians and caretakers; data processing facilities; and employee credit
unions.
(e) Child care and adult care centers subject to provisions of section 28-1416 et seq.
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ARTICLE XII. INDUSTRIAL DISTRICTS* Page 3 of 4
(9 The production, assembly, manufacture or the distribution of original works of art,
including, but not limited to, a room or series of rooms devoted exclusively to the display
of original works of art which are available for purchase.
(9) Personal services provided to the employees located in the industrial zoning district so long as the aggregate square footage of such permitted uses shall not exceed 10
percent of the gross floor area available for lease in any structure which uses shall
include drug stores, florists, newsstands, retail shops, laundry and garment services,
beauty and barber shops, indoor automated teller machines, cafeterias, restaurants, and
such other similar uses. Said uses shall not have access except through the main
entryways and shall not be provided with any exterior building sign other than directory
identification as is provided for other tenants of the structure.
(h) Sharing of corporate-owned facilities shall be permitted provided the company with
which the facility is to be shared is located within the LlRP zoning district. The facilities to
be shared include those permitted in section 28-977(d).
(i) Gas stations provided they are not located within 1,000 feet as measured from
property line to property line in any direction from a parcel of property which is used for
residential purposes nor within 2,000 feet as measured from property line to property line
in any direction from a parcel occupied by another gas station and that no more than one
station will be permitted at any ooe intersection, and they shall further be subject to the
criteria set forth in section 28-1387.
0) Telecom web-hosting facilities.
(k) Production studios for cinema, television, video and radio; sound stages; and
accessory post production facilities, including, without limitation, facilities for the
distribution of materials produced in said studios, sound stages, or facilities. No portion
of any production studio, sound stage, or related facility shall be designed or used to
allow for an audience or an observation area regardless of whether audience or
observer attendance is free or for consideration.
(Code 1966, Q 25-77.1(A); Ord. No. 3964, Q 1, 10-21-91; Ord. No. 4162, Q 3, 7-12-94; Ord. No. 4290, Q
20, 10-29-96; Ord. No. 4540, Q 1, 9-14-00; Ord. No. 4573, Q 8,4-10-01; Ord. No. 4871, 5 1, 5-24-05;
Ord. NO. 4998, Q 1, 9-25-07)
Sec. 28-978. Conditional uses.
Conditional use approval may be requested by the owner of the properly in LlRP districts in
(a) Land or structures used exclusively or primarily for amateur recreational uses and
movie theaters.
accordance with Division 4 of Article II for the following uses:
(b) Warehousing, showroom and wholesale provided that these uses are in conjunction
with a permitted use. The total floor space of the warehousing, showroom or wholesale
uses shall not exceed 50 percent of the total square footage of the occupant.
(c) Public, private and parochial nursery, kindergarten, elementary and high schools.
(d) Production studios for cinema, television, video and radio, and other facilities
permitted pursuant to section 28-977(k), with facilities designed or used to allow for an
audience or an observation area.
(Ord. No. 4162, Q 4,7-12-94; Ord. No. 4323, Q 20, 5-1-97; Ord. No. 4540, Q 2, 9-14-00; Ord. No. 4567, Q I, 2-13-01; Ord. NO. 4871, Q 1,5-24-05)
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ARTICLE XI. INDUSTRIAL DISTRICTS* Page 4 of 4
Sec. 28-979. Prohibited uses.
The permitted uses for LlRP districts enumerated in section 28-977 shall not be construed to
include, either as a main or accessory use, any of the following uses:
(a) Truck or trailer sales; the storage, service, repair of or garaging of motor vehicles
other than company motor vehicles; used-car lots; auto laundries.
(b) Mortuaries.
(c) Drive-in refreshment stands.
(d) Bulk sales storage or display of lumber or building materials and supplies.
(e) Outdoor displays of merchandise, except that displays of art may be permitted, after
community appearance board approval of the location thereof.
(9 Drive-in theaters.
(9) Plumbing shops or sheet metal shops with less than 10,000 square feet or having
outdoor storage.
(h) Animal hospitals and veterinary clinics.
(i) Cabinet shops or carpenter shops with less than 10,000 square feet or having
outdoor storage.
(i) Storage or warehouse uses, except as incidental to a permitted use.
(k) Retail stores for sales to the general public.
(I) General real estate sales offices.
(m) Package stores, selling alcoholic beverages.
(n) Wholesale outlets, except those established for the sole purpose of selling items
manufactured, fabricated, processed, converted or assembled on the premises.
(0) Bars or cocktail lounges that are not accessory to a permitted conditional
commercial node use.
(Code 1966, Q 25-77.1(8); Ord. No. 3964, Q 2, 10-21-91; Ord. No. 4162, Q 5, 7-12-94)
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Pslue 1 nf 3
City of Boca Raton
ARTICLE XI. INDUSTRIAL DISTRICTS*
DIVISION 4. W-1 WAREHOUSE DISTRICT a
%for8 references: Sign regulations, Q 24-96; district boundary line plots, 3 28-304; building intensity
regulations, Q 28-307.
$8~. 28-1016. Scope.
(Code 1966, Q 25-78.1)
The regulations in this division shall apply in all W-I districts.
Sec. 28-1017. Pewitted uses.
No building or structure or part thereof shall be erected, altered or used, or premises used, in
(a) Warehouses or storage buildings, and normal incidental and accessory uses
thereof.
whole or in part, in W-I districts for other than I or more of the following specified uses:
(b) Wholesaling, when incidental to a warehouse or storage area.
(c) Child care, adult care and specialized care centers subject to the provisions of
section 28-1416 et seq.
(d) Office uses related to scientific or industrial research, product development and
testing, engineering development and marketing development, corporate offices;
providing, however, that they do not provide services or uses to the general public on
premises, and such other office uses, including support services, as well as uses which
are accessory to and compatible with research and light industrial uses. Support
services for the purposes of this zoning district shall be defined as companies which
supply services utilized wholly by other companies located in the industrial zoning
districts. These include clerical service companies, office equipment maintenance
services, janitorial services, corporate travel agencies, corporate credit unions, corporate
training facilities, and other similar uses. Support service uses shall not exceed 10
percent of any structure devoted to a permitted or conditional use.
(e) Regulated uses (adult entertainment establishments as set forth in section 28-1616
et seq.).
(Code 1966, Q 25-78.1 (A); Ord. No. 4290, Q 21 , 10-29-96; Ord. No. 431 7, Q 1 , 4-8-97; Ord. No. 4882, Q
4,8-9-05)
. Accessory uses.
Permitted incidental and accessory uses in W-I districts shall include offices primarily related to
the warehouse function, garages for storage and maintenance of company motor vehicles, and for the
storage of gasoline and lubricating oil needed for operation of these vehicles and for the maintenance
of the company's plant and machinery; parking facilities, maintenance and utility shops for the upkeep
end mpair of buildings and structures on the site and equipment used on the site; central heating and
cooling and power plants for furnishing energy to structures on the site; collection and distribution
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ARTICLE XI. NDUSTRIAL DISTRICTS* Page 2 of 2
facilities for water, drainage, sewerage, electrical, telephone, and other utilities for the site; fire
protection facilities for the site; and communications facilities, including antenna masts.
(Code 1966,Q 78.1(8))
Sec. 28-1019. Conditional uses.
Conditional use approval may be requested by the owner of the property in W-1 districts for the
following uses in accordance with Division 4 of Article II:
(1) Research uses. Research uses shall include theoretical and applied research in all the
sciences, product development and testing, engineering development and marketing
development.
(2) Light industrial uses. Light industrial uses shall include manufacture, fabricating,
processing, converting, altering and assembling of products, provided that no such use shall:
(a) Cause or result in dissemination of dust, smoke, gas or fumes, odor, noise, vibration
or excessive light beyond the boundaries of the plot on which the use is conducted;
menace by reason of fire, explosion, radiation, or other physical hazards; harmful
discharge of waste material or unusual traffic hazards or congestion due to type or
amount of vehicles required by or attracted to the use. The performance standards for
this paragraph shall be those set forth in section 28-1328.
(b) Be dangerous to the comfort, peace, enjoyment, health or safety of the community
or the abutting areas or contribute to their disturbance and annoyance.
(e) Be inconsistent with the appropriate and orderly development of the City and
adjacent areas.
(3) Telecom web-hosting facilities.
(Code 1966, Q 25-78.1(C); Ord. No. 4323, Q 23, 5-1-97; Ord. No. 4573, Q 9,4-10-01)
Sec. 28-1020. Restrictions on warehouse or storage buildings.
(1) Warehouse or storage buildings constructed in W-I districts shall be used only for
temporary, long-term, static or in-and-out storage of products of all types except the following:
(a) Products classified as flammable, explosive, radioactive, corrosive, restricted or
dangerous.
(b) Products designated as hazardous by the fire chief of the city, according to the
criteria established by the national fire prevention codes adopted by the city.
(2) Such warehouses may be divided into walled bays of not less than 6,000 square feet for
sale or lease to separate individuals or entities for the uses permitted herein.
(Code 1966, Q 25-78.1 (D))
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Page 1 of 2 ARTICLE MI. INDUSTRIAL DISTRICTS*
City of Boca Raton
DMSION 5. IG/Sl INDUSTRIAL GENERAL-SPECIAL DlSTRlCT #I* 0
.Cross mferences: Sign regulations in the industrial general-special district number 1 , Q 24-98;
district boundary line plots, 3 28-304; building intensity regulations, 9 28-307.
Sec. 28-1041. Intent.
It is the intent of the IG/S1 district to provide industrial development areas for unique land
configurations which may also sew8 as compatible buffer zones for residential areas. It will recognize
the need for special landscaping and special uses which will have limited traffic and noise generation
and limited access to and from major thoroughfares.
(Code 1966, Q 25-78.2(1))
Sec. 28-1042. Permitted uses.
No building or structure or part thereof shall be erected, altered or used in IG/SI districts for
other than 1 or more of the following specified uses:
(a) Warehouses or storage buildings, including mini warehouses, and accessory uses
thereto.
(b) Contractor's office and inside storage.
(c) Bicycle repair.
(d) Sign painting and sign shops.
(e) Repair shops for household appliances.
(9 Carpenter and cabinetry making shops.
(9) Upholstering shops.
(h) Pottery and other ceramic products, utilizing kilns fired only by electricity or gas.
(i) Wholesale builder's supply without outdoor storage.
(i) Any other light industrial use not requiring conditional approval, and which is
approved by the city manager, shall be permitted in this district upon adoption of a
resolution, after a public hearing, by the planning and zoning board.
(k) As to any use for which outdoor storage is not otherwise prohibited, there shall be
no outdoor storage of materials, products or other articles except in an area completely
screened from off-premises view by walls or buildings, and not visible above the
screening walls and buildings.
(I) Child care and adult care centers subject to provisions of section 28-1416 et seq.
(Code 1966, § 25-78.2(2); Ord. No. 4290, 3 22, 10-29-96)
Sac. 28-1043. Conditional uses. a
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ARTICLE XU. INDUSTRIAL DISTRICTS* Page 1 of 4
DIVISION 6. M-I LIGHT INDUSTRIAL DISTRICT City of Boca Raton
*Editor's note: Section 4 of Ordinance No. 2484, adopted Sept. 26, 1978, and effective upon date of
adoption, provides for uses rendered nonconforming by that ordinance and reads substantially as
follows:
"Section 4. (1) With respect to any use existing in an M-I or M-2 district on the effective date of this
ordinance which is not specifically declared by this ordinance to be a permitted use but which is in full
compliance with all other requirements of the city Code of Ordinances applicable on that date:
(a) If the use is specifically declared herein to be a use which may be permitted as a conditional use,
the existing use may continue as if formal conditional approval of the use had been granted by city
council.
(b) If the use is not specifically declared herein to be a permitted or conditional use, the existing use
shall be deemed a nonconforming use and shall be subject to the protections, limitations and
restrictions imposed upon nonconforming uses by article V of chapter 28, of this Code of Ordinances.
(2) With respect to any use existing in an M-I or M-2 district on the effective date of this ordinance
which is not in full compliance with all requirements of the city Code of Ordinances applicable on that
date, the existing use shall be deemed a nonconforming use and shall be subject to all the protections,
limitations and restrictions imposed upon nonconforming uses by article V of chapter 28, city Code of
Ordinances. Provided, that if the existing use is not specifically declared by this ordinance to be a
permitted or a conditional use, the existing use may not be extended to any other part of the building
not so used as of the effective date of this ordinance, and the time allowed for the period of
discontinuance or abandonment as specified in section 28-192(1) and (2), Code of Ordinances, shall be
reduced from six (6) months to thirty (30) days.
(3) For the purpose of this section, a use described in section 261073(c) or section 281098(d) of the
Code as created by this ordinance is not "specifically" declared to be a use which may be permitted as
a conditional use.
(4) In the case of any existing use deemed herein to be a nonconforming use, the owner or operator
may at any time establish the use as a conforming use by obtaining conditional use approval from the
city council or by complying with all applicable Code of Ordinance requirements, or both as the case
may require.
(5) As an exception to the foregoing, if an existing use is found to be not in compliance with any
applicable requirement of chapter 7, Code of Ordinances, or of any life safety code adopted therein, the
existing use shall not be permitted to continue beyond the expiration date of the current occupatlonal
license for said use without good reason shown."
The section numbers referenced in that ordinance have been conformed to this Code.
Cross references: District boundary line plots, Q 28-304; building intensity regulations, Q 28-307.
Sec. 28-1 071. Scope.
(Code 1966, Q 25-78)
The regulations in this division shall apply in all M-I districts.
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ARTICLE XII. INDUSTRIAL DISTRICTS* Page 3 of 4
(z) Car laundries in enclosed buildings.
(aa) Service and repair garages.
(bb) Truck sales, machinery sales, construction and farm implement sales.
(cc) Tire vulcanizing and recapping with no open storage.
(dd) Food catering establishments, preparation and storage only.
(ee) Warehouse and storage buildings.
(ff) Railroad transfer and storage; truck transfer and storage.
(gg) Drycleaning plants and dyeing plants, laundry and drycleaning pickup shops, and
drycleaning and pressing establishments that:
I. Use only nontoxic and nonflammable fluorocarbon solvents in equipment
which requires no venting or emissions of fumes or gases into the atmosphere;
2. Utilize a total of not more than 5 full- or part-time employees; and
3. Utilize no pickup or delivery facilities to the establishment except those from
members of the consuming public seeking the service at the site of the
establishment.
(hh) Laundries, including coin-operated laundries.
(ii) Creameries.
(jj) Soft drink bottling.
(kk) Frozen food storage and warehousing, including lockers for individual use.
(11) Carpet cleaning without equipment rental.
(mm) Boatbuilding, boat sales and repair in enclosed buildings.
(nn) Bakery plants.
(00) Plumbing shops.
(pp) Sign painting and sign shops.
(qq) Newspaper and magazine distributors, storage and office.
(rr) Taxidermist.
(ss) Research and testing laboratories.
(tt) Public utility substations, subject to the approval of the city council upon the
recommendation of the planning and zoning board after public hearing.
(uu) Retail sales occupying, in the aggregate, no more than 1,000 square feet of gross
floor area in any plot. The maximum floor area limitation established herein shall not be
applicable to retail sales which are incidental to bona fide wholesale uses.
(w) Athletic training facilities within enclosed buildings.
(ww) A dwelling unit on the premises for an owner, manager or caretaker of an
industrial use, provided that:
1. Only 1 dwelling unit per industrial complex or development shall be permitted.
2. The dwelling unit shall conform to all applicable residential building and life-
safety codes.
3. The dwelling unit shall not be located near dangerous materials, equipment
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ARTICLE XI. INDUSTRIAL DISTRICTS* Page 4 of 4
or operations.
0 (xx) Child care and adult care centers subject to provisions of section 28-1416 et seq.
(yy) Uses accessory to permitted uses, excluding living quarters for an owner, manager
or caretaker.
(zz) Telecom web-hosting facilities.
(Code 1966, Q 25-78(A); Ord. No. 4166,s 1,8-23-94; Ord. No. 4290, Q 23, 10-29-96; Ord. No. 4573,s
11 , 4-1 0-01)
Sec. 28-1073. Conditional uses.
following uses in accordance with Division 4 of Article II:
Conditional use approval may be requested by the owner of the property in M-I districts for the
(a) Eating and drinking establishments, not including curb service.
(b) Sale and incidental bulk storage of lumber and building supplies in a completely
enclosed building or within an area enclosed on all sides with a solid fence or by
landscaping which screens from view the lumber and building supplies. The gross floor
area of any sales or storage facility approved pursuant to this subsection shall not
exceed 20,000 gross square feet. Any fence shall be not less than 5 feet in height or
greater than 7 feet in height, any other limitation upon the height of fences to the
contrary notwithstanding.
(c) Retail uses compatible with the overall intent and purpose of the industrial district
which occupy, in the aggregate, more than 1,000 square feet of gross floor area in any
plot; provided, however, the gross floor area of any retail uses approved pursuant to this
subsection shall not exceed 20,000 gross square feet.
(d) Business, professional and governmental offices.
(e) Any use not hereinbefore specified which is determined after public hearings and
consideration by the planning and zoning board and the city council to be in accordance
with the general spirit and purpose of the industrial zoning districts as described in the
comprehensive plan of the city and designed in such a manner as to protect the areas
surrounding the subject proposal and promote the general welfare of the City.
(Code 1966, Q 25-78(B); Ord. No. 4323,s 25, 5-1-97; Ord. No. 4615, Q 1, 12-11-01)
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ARTICLE XU. INDUSTRIAL DISTRICTS* Page 1 of 2
DIVISION 7. M9 GENERAL INDUSTRIAL DISTRICT a City of Boca Raton
*Cross references: Sign regulations, Q 24-96; district boundary line plots, Q 28-304; building intensity
regulations, Q 28-307.
Sec. 284096. Scope.
(Code 1966, Q 25-79)
The regulations in this division shall apply in all M-2 districts.
Sec. 28-1097. Permitted uses.
No building or structure, or part thereof shall be erected, altered or used or premises used, in
whole or in part, in an M-2 district for other than 1 or more of the following specified uses:
(a) Any uses permitted in M-I districts.
(b) Fruit packinghouses.
(c) Bulk storage and sales of fuels, gasoline, benzine, kerosene and the like, subject to
section 28-1329.
(d) Mattress factories.
(e) Public utility service yards.
(9 Blacksmith and machine shops.
(9) Welding shops.
(h) Ice or ice cream plants.
(i) Motor freight terminals, trucking, hauling or cartage yards.
(j) Canning or preserving factories.
(k) Bulk storage of building materials and supplies (including, but not limited to, roofing
materials and supplies), subject to section 28-1 330.
(I) Furniture and upholstering manufacturing.
(m) Brewing or distilling alcoholic beverages.
(n) Metal buffing, plating and polishing.
(0) Millwork, lumber and planing mills.
(p) Leather goods and luggage manufacturing.
(4) Electroplating or galvanizing.
(r) Storage yards of building and construction contractors, subject to section 28-1 330.
(s) Paint and varnish manufacture.
(1) Public utilities.
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ARTICLE XI. INDUSTRIAL, DISTRICTS* Page 2 of 2
(u) Motorcar fuel service stations (filling stations), subject to the provisions of section
28-1386 et seq.
(v) Battery repair, sale and assembly.
(w) Stamping, dieing, shearing or punching of metal.
(x) Uses accessory to a permitted use, excluding living quarters for an owner, manager
or caretaker.
(y) Bakery plants.
(z) Telecom web-hosting facilities.
0
(Code 1966,s 25-79(A); Ord. No. 4166,s 2,8-23-94; Ord. No. 4573, Q 12,4-10-01)
Sec. 28-1098. Conditional uses.
following uses in accordance with Division 4 of Article II:
Conditional use approval may be requested by the owner of the property in M-2 districts for the
(a) Eating and drinking establishments, not including curb service.
(b) Sale and incidental bulk storage of lumber and building supplies in a completely
enclosed building or within an area enclosed on all sides with a solid fence or by
landscaping which screens from view the lumber and building supplies. The gross floor
area of any sales or storage facility approved pursuant to this subsection shall not
exceed 20,000 gross square feet. Any fence shall be not less than 5 feet in height or
greater than 7 feet in height, any other limitation upon the height of fences to the
contrary notwithstanding.
(c) Retail uses compatible with the overall intent and purpose of the industrial district
which occupy, in the aggregate, more than 1,000 square feet of gross floor area in any
plot; provided, however, the gross floor area of any retail uses approved pursuant to this
subsection shall not exceed 20,000 gross square feet.
(d) Business, professional and governmental offices.
(e) The manufacture of concrete and concrete products, and concrete mixing plants.
(9 Any use not hereinbefore specified which is determined after public hearings and
consideration by the planning and zoning board and the city council to be in accordance
with the general spirit and purpose of the industrial zoning districts and designed in such
manner as to protect the surrounding areas of the subject proposal and promote the
general welfare of the city.
(Code 1966, 9 25-79(8); Ord. No. 4323,s 26, 5-1-97; Ord. No. 4626, Q 1, 1-23-02)
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ARTICLE XII. INDUSTRIAL DISTRICTS* Page 1 of 4
City of Boca Raton
DIVISION 8. 1111-3 MANUFACTURING INDUSTRIAL DISTRICT a
b *Editor's note: Ord. No. 1977, Q 1, adopted June 25,1974, amended this Code by repealing former
Q 28-1 121 pertaining to special industrial M-3 districts. Said former Q 28-1 121 was derived from Ord.
No. 672, § 1, adopted Dec. 12,1961 and Ord. No. 1034, QQ 18 and 19, adopted Nov. 9,1968. Ord. No.
2941,s 1, adopted June 23, 1981 , added Q 28-1121. Section 2 of Ord. No. 3593, adopted Jan. 13,
1987, which amended subsection (2) of this section, reads as follows:
"Section 2. It is the intent of the city council that, with respect to any approved conditional use, and with
respect to any conditional use for which application was made to the city's planning advisory committee
prior to October 28,1986, which is affected by this ordinance:
(1) If the use has been approved, but has not yet been instituted, then the use may be instituted and
may commence existence as a legal conforming use and continue existence, subject to the applicable
provisions of the city Code existing as of the date of the approval and further subject to the limitations,
restrictions and time limitations set forth in the approving resolutions.
(2) If the use is one for which an application has been made to the planning advisory committee prior to
October 28, 1986, then the use may continue to be processed and may, if it receives all appropriate
approvals and permits pursuant to the regulations as they existed as of the date the application was
made, commence existence as a legal conforming use and continue existence, subject to the
applicable provisions of the city Code as it existed at the time the application was made and further
subject to the limitations, restrictions and time limitations set forth in the approving resolutions."
Cross references: District boundary line plots, Q 28-304; building intensity regulations, Q 28-307.
Sec. 28-1 121. Purpose.
The purpose of the M-3 district is to establish an industrial area compatible with comprehensive
plan directives of large lot industrial, manufacturing and warehouse development. Major areas of
implementation should include areas with convenient railroad and highway facilities.
(Code 1966,s 25-80)
Sec. 28-1122. Scope.
(Code 1966, Q 25-80)
The regulations in this division shall apply in all M-3 districts.
:. 28-1123. Permitted uses.
A building, structure or part thereof shall only be erected, altered or used in M-3 districts for 1 or
(a) Manufacturing, fabricating, processing, converting, altering and assembling of
products, provided that no such use shall:
1. Cause or result in dissemination of dust, smoke, gas or fumes, odor, noise,
vibration or excessive light beyond the boundaries of the lot on which the use is
mom of the following specified uses:
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-!, . "
10/22/2008
ARTICLE XU. INDUSTRIAL DISTRICTS* Page 2 of 4
conducted; endanger health or cause a safety hazard by reason of fire,
explosion, sanitation, pollutants or other physical hazards; cause harmful,
obnoxious, damaging or unnecessary discharge of waste material; or cause
traffic hazards, traffic congestion, inadequate parking or storage of vehicles or
equipment as a result of the amount of vehicles required by or attracted to the
use.
2. Be inconsistent with the character of the community as a whole and the
codes of the city and the orderly development of the city and adjacent areas.
(b) Warehouses and storage buildings, provided, however, that such structures shall be
used only for storage of items, materials and products, excluding living things, such
items as are classified as flammable or explosive in nature, or such items which may be
governed by (a) above; and provided, further, that a warehouse or storage building shall
not serve in any manner as a rental ofice, business, commercial or retail establishment
of any kind.
(c) Child care and adult care centers subject to provisions of section 28-1416 et seq.
(d) Schools providing gymnastic instruction to children, provided at least 80 percent of
such occupancy is in open gymnastic training and instruction areas, or in competitive
gymnastic competition. Children shall mean any person regularly enrolled in elementary
or high school, or persons engaged in competitive gymnastic competition. This use
specifically excludes aerobics instruction to adults. Such permitted use shall include
competition uses only if nonconcurrent parking agreements providing for adequate
parking facilities are in force and effect.
(e) A recreational facility providing amateur jai alai instruction and training to children
and students, provided at least 80 percent of such occupancy is in open jai alai training
and instruction areas or in amateur recreational jai alai competition. This use specifically
excludes any professional jai alai play. Such permitted use shall include amateur
competition uses only if nonconcurrent parking agreements providing for adequate
parking facilities are in force and effect.
(9 Support services located in office buildings permitted as part of a planned
commercial development or a development of regional impact, as well as uses which are
accessory to and compatible with permitted office uses. Support services for the
purposes of this zoning district shall be defined as companies which supply services
utilized wholly by personnel located in the industrial zoning districts. These shall include
clerical service companies, office equipment maintenance services, janitorial services,
corporate credit unions, corporate training facilities and other similar uses.
(9) Personal services provided to the employees located in the industrial zoning
districts so long as the aggregate square footage of such permitted uses shall not
exceed IO percent of the gross floor area available for lease in any structure which uses
shall include drug stores, florists, tobacco stores, newsstands, retail shops, laundry and
garment services, beauty and barber shops, and such other similar personal services.
Cafeteria and restaurants are permitted except for property which has master plan
approval under separate resolution of city council in connection with an annexation. Said
uses shall be located within structures predominantly devoted to permitted uses, shall
not have access except through the main entryways, and shall not be provided with any
exterior building sign or other advertising other than directory identification as is provided
for other tenants of the structure.
(h) Accessory sales shall be permitted provided that a separate and distinct area is set
aside for this purpose and provided that said area occupies less than 5 percent of the
total space of a permitted use. The accessory sales shalt be accessory to either a
wholesale, showroom or manufacturing use permitted in the zoning district and shall be
limited to replacement and repair parts only. Said accessory sales shall not’be permitted
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ARTICLE MI. INDUSTRIAL DISTRICTS* Page 3 of 4
separate signage.
(i) Regulated uses (adult entertainment establishments as set forth in Section 28-1616
et seq.).
(Code 1966, § 25-80(1); Ord. No. 3865, 9 1, 8-28-90; Ord. No. 3934, 2, 7-9-91; Ord. No. 3991,s 1,2-
25-02; Ord. No. 4162, Q 11, 7-12-94; Ord. No. 4290, Q 24, 10-29-96; Ord. No. 4540, Q 3, 9-14-00; Ord.
NO. 4882,s 5,8-9-05)
Sec. 28-1 124. Conditional uses.
following uses in accordance with Division 4 of Article 11:
Conditional use approval may be requested by the owner of the property in M-3 districts for the
(a) Any use which includes or will include outdoor storage of any kind.
(b) Any use which will store, service, repair or clean motor vehicles or other motorized
equipment.
(c) Public utility service yards.
(d) Any permitted M-3 use fronting on Congress Avenue, Clint Moore Road, Seaboard
Coastline Railroad, Military Trail, N.W. 2nd Avenue, Dixie Highway, U.S. No. 1, N.W.
20th Street, Glades Road or Spanish River Boulevard.
(e) Motorcar fuel service stations, subject to the provisions of section 28-1386 et seq.
Q Wholesale establishments.
(9) Private clubs, lodges, fraternities and similar private uses.
(h) Public, private and parochial nursery, kindergarten, elementary and high schools.
(Code 1966, 25-80(2); Ord. No. 3991, § 2, 2-25-92; Ord. No. 4162, Q 12, 7-12-94; Ord. No. 4323, Q
27, 51-97; Ord. No. 4567, Q 2,2-13-01)
Sec. 28-1 125. Prohibited uses.
The permitted and conditional uses enumerated in this division for M-3 districts shall not be
construed to include, either as a main or accessory use, any of the following uses, all of which are
expressly prohibited:
(a) Unscreened storage or parking of commercial vehicles or equipment. No storage of
materials, vehicles or equipment shall be visible above the buffering used.
(b) Residential uses other than quarters for manager or owner.
(c) Acid manufacturing.
(d) Manufacturing or storage of explosives.
(e) Slaughterhouses.
(9 Storage or transfer of petroleum other than as an accessory use to a permitted or
conditional use.
(9) Refining of petroleum.
(h) Stockyards.
(i) Rendering plants or glue works.
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ARTICLE XI. INDUSTRIAL DISTRICTS*
0) Pulp or paper mills.
(Code 1966, Q 25-80(3))
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