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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 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ;: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 a 46 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. 1. 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 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 Page 2 0 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 :: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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. 0 0 0 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 Page 4 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ;: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 - 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. 0 0 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. this page intentionally left blank.) PLANNING, ZONING AND APPEALS BOARD REGULAR MEETING 07 .22 .08 Page 5 1 IX. ADJOURNMENT 2 3 4 5 APPROVED: 6 7 Craig Kunkle, Chair 8 9 10 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. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Douglas Pennell, Vice Chair Dennis Solomon 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 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 e e :: 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 VI. RECOMMENDATION TO CITY WORKSHOP a a a a 0 a a a a a a a a a (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 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 a 23 Joy Hecht Amir Kanel J J 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 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 e 51 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 i j I x 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 t I 4 ” \. 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 Mi 747 6336 Fax 767 1327 does not affkct bea -5- b b facilities, equipment a m Ba\\en \s\es Outparce\ Pa\m Beach Gardens, T\orida Jwlter, R 3345.9 Phone 581-747-8336 1 inch equals 400 feet Lhp DDCUmaII: (FWcMap-RoWsW42MOUmENS PL&%\AERIAL mxd) W2uzCQ7 - 2 13 33 PM Far 6R4-?A7-4?77 6 5 5 II I P 4 f i s 3 I 1 inch equals 200 feet Ba\\en \s\es Outparce\ 1934 mmerG9 Lae Pa\m Beach Gardens, F\or'\da Map OoWnuI" (F UrsMap-PIubd#3~12BALLEN ISLES WTPIRCELUERUL mxd) 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 4 5 -6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 1 0: 4 5 6- 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 $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 3 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 1 2 3 4 5 6 7 $12,142,585 $4,488,748 $3,226,348 $13,566,648 $4,632,438 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 4 Date Prepared: September 18,2008 Ordinance 28, 2008 1 4 5 6 7 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 8 10 11 12 13 14 15 16 17 18 19 20 21 @j 26 Page 1 of 7 5 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 6 PaQe 2 d? 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 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 7 Date Prepared: September 18,2008 Ordinance 28, 2008 SDPE Boa& Adopted, September 10, 2008 6 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 8 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 1 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 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 9 Page 5 of 7 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 1,402,155 ~.000,0Ml 35.000 a;soo,82s 503.559 3,443,219 20,000 100.000 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 10 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 11 355,000 500,000 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 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 4: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 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 0: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 6: 26 27 28 29 30 * 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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: 3 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. 17 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” 18 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. 19 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. 20 8. 9. 0 10. 11. 12. 13. 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 21 Date Prepared: June 9,2005 RESOLUTION 94,2005 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 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 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 WHEREAS, the City has received 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: 01 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 a: 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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) 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 4: 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 6. 7. 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 8. 9. 10. 11. 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) 3 Date Prepared: June 9,2005 Resolution 94,2005 2 3 5 6 7 8 9 10 11 12 13 14 1s 16 17 18 19 20 21 - -4- ai; 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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) 4 Date Prepared: June 9,2005 Resolution 94,2005 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 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: 1. 24 25 26 27 2. 28 29 30 31 3. 32 33 34 35 4. 36 37 38 39 5. 40 41 42 43 44 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. 5 Date Prepared: June 9,2005 Resolution 94,2005 01 6. 2 3 4 5 6 7. 7 8 9 10 8. 11 12 13 14 9. 15 16 17 18 19 20 21 6: 24 25 26 27 28 29 30 31 32 33 1. 34 35 36 2. 37 38 39 3. 40 41 42 4. 43 44 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. 5. 2 3 --4-- 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 3: 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Date Prepared: June 9,2005 Resolution 94,2005 6. October 3, 2002, Photometric Plan by KTD Consulting Engineers, sheet ES- 1. 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. 7 Date Prepared: June 9,2005 Resolution 94,2005 01 2 3 4 - 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 4: 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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). 8 Date Prepared: June 9,2005 Resolution 94,2005 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 3: 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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) 9 . Date Prepared: June 9,2005 Resolution 94,2005 PASSED AND ADOPTED this 77” day of SJL~ , 2005. 2 3 4 CITY OF PALM BEA 5 6 7 BY: 8 9 ATTEST: I1 13 14 12 BY: 15 16 17 LEGAL SUFFICIENCY 18 A 1 APPROVED AS TO FORM AND 19 20 BY: 21 Christine P. Tatum, City Attorney 25 VOTE: 26 27 MAYOR RUSSO 28 29 VICE MAYOR JABLIN 30 -- AYE NAY ABSENT J --- J --- 31 COUNCILMEMBER LEVY J-- 33 COUNCILMEMBER VALECHE --- r/ 35 COUNCILMEMBER BARNElT --- 32 34 36 37 38 39 40 41 42 43 44 J G:hnorney-share\RESOLUTIONS\gables doa - reso 94 2005.doc 10 I I I 89/25/2883 15$36:38 2003Wl7b851 P11m Beach County, Florida aR EK 15893 ffi 1447 0 ----- ---. - ., .. ., . .. .- 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. I i i ,i I -1- 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 -2- 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 r / 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 # 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, -2- ..' .. . . . . , ., . ,+...2 ...' . , ,,.>.q,,!: :a'..-'. ....._ . .* :,. . .., ' ' .. . ,: . .. (.' . .,I._ :fV':.,.: , ; :. , :c' . , ..;, ..: , 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. -3- . '. *.,. &$.'.. .. '. ' .. . , :: :. e-. ... . :. . _.. . 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. I r / * 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. -4- .. :: . . .x. : : , . .. i .. , ...i . ... .;.*. I .._.' '.';l.:.;. . ; . . . . .. . ..;yc. ., ..:. . . I .. __._ 7.. . ..., . . , , :. '. BOOK 15093 PCIGE \454 e I 1- i I 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 -5- . '. . :, . ~.... . 1 .... ,' 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. I 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. -6- 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. I 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 -7- 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 .. -9 - .. '. .. . ,.. . . .. . I ,, . .. ... I %.!: __.... .. t ~ BOOK 15893 PRGE 1459 0 EXHtQlT 1 City Center Linkages Pian and Timetable .. 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 I r 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. I __ 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 0 L- 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 I___c_ 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.). 0 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: 1. 2, 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 3, 4. 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 0 - 5. 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 b. .. .I 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. I. .. I .t Witness PQA NORTH II OF FLORIDA LLC, 0 By: Diver Management, Inc., ~ RCA CE-OF FLORIDA LLC Witness PGA GATEWAY, LTD, 4 Witness MALL PROPERTIES, LTD. A 0 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 4 5 -6- 7 8 9 io 11 12 13 14 15 16 17 18 19 20 21 22 23 e5 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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. 3 4 5 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY -73- OF PALM BEACH GARDENS, FLORIDA that: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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. 2 Date Prepared: October 19,2005 Resolution 166, 2005 3 4 5 6 7 8 9 io 11 12 13 14 15 16 17 18 19 20 21 22 23 -. 26 27 28 29 30 31 32 33 34 35 36 37 39 40 41 42 43 44 45 46 3a 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 3 Date Prepared: October 19.2005 Resolulion 166, 2005 4 5 6- 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 6 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 3. 4. 5. 6. 7. 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) 4 Dale Prepared: October 19, 2005 Resolution 166. 2005 I a. 4 5 -6--- 7 8 9 9. 10 11 12 13 14 15 16 10. 17 18 19 20 11. 21 22 23 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) 27 28 12. 29 30 31 32 33 34 35 36 37 38 13. 39 40 41 42 43 44 45 46 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) 5 Date Prepared: October 19,2005 Resolution 166,2005 3 3 4 5 -6- 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 a 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) 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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) 6 Date Prepared: October 19,2005 Resolution 166, 2005 3 4 5- 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 a Q 26 27 28 29 30 31 32 33 34 35 36 37 30 39 40 41 42 43 44 45 46 Engineering 19. 20. 21. 22. 23. 24, 25. 26. 27. 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) 7 Date Prepared: October 19,2005 Resolulion 166.2005 28. The Applicant shall comply with the following: 3 4 5-- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 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) 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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) 8 Date Prepared: October 19,2005 Resolution 166, 2005 3 3 4 5 6- 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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) 9 Dale Prepared: October 19,2005 Resolution 166,2005 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 445 26 27 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 28 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. 10 4 5 -6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 3% 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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 11 PGA North // of fforida, Ltd Palm 0cBch Gardms. Flon2a -I- -- A& I I \ . I I i I I I SHRUBlGROUNDCOVER PLANTING DFTAIL "7s LANDSCAPE SPEUFICARONS (conr.) I! il c As Amended by Council: January 6,2005 Date Prepared: September 17,2004 RESOLUTION 196,2004 3 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 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 8 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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: 4 5 1. The applicant has met the intent of the City's Comprehensive Plan, and the proposed development is consistent with the Comprehensive Plan. 6- 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 26 27 28 29 30 31 32 33 34 3s 36 37 38 39 40 41 42 43 44 45 46 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 2 Date Prepared: September 17,2004 Resolution 196,2004 3 4 5 6- 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 26 27 28 29 30 31 32 33 34 35 36 37 38 44 45 46 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 3 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 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ii 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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: I. 2. . 3. 4. Waiver to Section 78-441 (c), Plat, to allow issuance of permits for model homes for the project prior to adoption of the Plat. The City's Land Development Regulations require adoption of a project plat prior to issuance of permits for development. Waiver to Section 78-141, Minimum lot area, to allow a reduction in the minimum lot area to 3,220 square feet for the townhomes and 6,000 square feet for the 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%. 4 4 5 - --e- 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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: 5 Date Prepared: September 17,2004 Resolution 196,2004 4 5 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 -3 __ 0 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 e 4. 5. 6. 7. a. 9. (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) 6 Date Prepared: September 17,2004 Resolutlon 196,2004 Transportation I Traffic Concurrency 3 4 . 5--- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 8 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 10. 11. 12. 13. 14, 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) 7 Date Prepared: September 17,2004 Resolution 196,2004 3 4 5- 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 8 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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) 8 Date Prepared: Seplernber 17,2004 Resolution 196, 2004 1 4 5 7 8 9 LO 11 12 13 14 15 16 17 18 19 20 21 22 23 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 22. The applicant shall construct the development in accordance with Crime Prevention Through Environmental Design (CPTED) principles, which consist of the following: (a) Landscaping shall not conflict with lighting, including long-term tree growth. (b) A timer clock or photocell sensor engaged lighting shall be installed above or near entryways to residences and all sidewalks. (c) Pedestrian walkways shall use lighting that is no greater than fourteen (14) feet in height. (d) Numerical addresses shall be illuminated for nighttime visibility, shall have bi-directional visibility from the roadway, and shall be a minimum of six (6) inches in height. (Police) Miscellaneous 23. 24. 25. 26. 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 9 Date Prepared: September 17,2004 Resolution 196.2004 4 5 -6 - 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 e 26 . 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 :: 45 46 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 28. 29. 30. 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) 10 Date Prepared: September 17,2004 Resolution 196, 2004 1 31. 4 5 6- 32. 7 8 9 10 33. 11 12 13 14 15 16 34. 17 18 19 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) 22 23 3p 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 20 21 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. 3. 4. 5. 6. 7. a. 9. 10. 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 4 5 7 15. Design Guidelines for Paloma Townhomes, I page. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 14. Design Guidelines for Paloma Single-Family Homes, 2 pages. --3 ~ 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) e 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 12 1 4 5 - --ti 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 @ 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 I 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 13 I I Date Prepared: November 9,2004 1 RESOLUTION 21 6,2004 4 5 -6- 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ’46 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 4 5 6-0F PALM BEACH GARDENS, FLORIDA that: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 e’ 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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. 2 Date Prepared: November 9,2004 Resolution 216, 2004 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 a 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 7. 8. 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 I. 2. 3. 4. 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) 3 Date Prepared: November 9,2004 Resolution 216,2004 1 0 4 5 . 6- 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Q 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 6. 7. 8. 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) 4 1 1 Date Prepared: November 9,2004 Resolution 216, 2004 13. Kyoto Gardens Drive 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 --6- 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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. 5 , 1 Date Prepared: November 9,2004 Resolutlon 216, 2004 14. 5B Road 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 - __ 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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. 6 . Oate Prepared: November 9,2004 Resolution 216, 2004 4 5 -6 - 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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) 7 d 4 5 -6- 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 4i 27 28 29 30 31 32 33 34 35 36 37 1Q 46 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 8 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. 4 5 been approved. 7 8 ~ -6- 9 10 11 12 13 14 I5 16 17 18 19 20 21 22 23 26 27 28 29 30 31 32 33 34 35 b. C. d. e. f. 9. h. 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. 45 46 9 Date Prepared: November 9,2004 Resolution 216. 2004 1 4 5 -6- - 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 26 27 28 29 3 0 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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) 10 Date Prepared: November 9,2004 Resolution 216,2004 1 4 5 6 7 8 9 10 11 12 I3 14 15 16 17 18 19 20 21 22 23 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) 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 11 Date Prepared: November 9, 2004 Resolution 216,2004 1 * 4 5 6- 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 4 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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) - 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). 12 Date Prepared: November 9,2004 Resolullon 216.2004 PASSED AND ADOPTED this Idp day of 8yt ,2004. J 4 5 6 7 8 9 10 ATTEST: ClTY OF PALM BEACH GARDENS, FLORIDA m 15 16 17 18 LEGAL SUFFICIENCY APPROVED AS TO FORM AND 19 20 21 BY: 1 22 Christine P. Tatum, City Attorney 23 26 27 VOTE: 28 29 MAYOR JABLIN 30 31 VICE MAYOR RUSSO 32 33 COUNCILMEMBER DELGADO 34 35 COUNCILMEMBER LEVY 36 37 COUNCILMEMBER VALECHE 38 39 40 41 42 43 44 45 -- AYE NAY ABSENT J --- / --- 46 \\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. http://library 1 .municode.com/default/DocView/11062/1/147/153 10/22/2008 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) http :/Ai brary 1 . muni code. com/default/DocVi ew/ 1 1 062/ 1 / 1 47/ 1 5 3 10/22/2008 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). http://library 1 .municode. com/default/DocView/11062/1/ 147/153 10/22/2008 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) http :/Ai brary 1 . municode. com/default/DocView/ 1 1 062/ 1 / 147/ 1 5 3 10/22/2008 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. http:/Aibmy 1 .municode. com/defaultDocView/ 1 1 062/ 1/147/ 1 53 10/22/2008 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 http ://library 1 .municode. com/default/DocView/l 1 062/ 1/147/ 1 53 10/22/2008 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) http://library 1 .municode.com/default/DocView/l1062/1/147/153 10/22/2008 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) http://library 1 .municode.com/default/DocView/l1062/1/147/153 10/22/2008 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, 10/22/2008 http://libmy 1 municode. com/default/DocView/l 0 1454 /150/ 1 62 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. http : /Ai brary 1. muni code. com/default/DocVi ew/ 1 0 1 45/ 1 / 1 5 O/ 1 62 10/22/2008 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) http :/Ai braxy 1. muni code. com/defaultDocVi ew/ 1 0 1 4 5/ 1 / 1 5 O/ 1 62 10/22/2008 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) http://li brary 1. municode. com/default/DocView/ 1 0 1 45/ 1 / 1 50/ 1 62 10/22/2008 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 http://library 1 .municode. com/default/DocView/ 1 0 145/ 1/150/ 1 62 10/22/2008 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)) http://library 1 .municode.com/default/DocView/l 0 145/1/150/162 10/22/2008 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 http:/Aibrary 1 .municode.com/defaultfl)ocView/lO 145/1/150/162 10/22/2008 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. http : /Ai brary 1 . municode. comldefau1tll)ocVi ewl 1 0 1 4 51 1 / 1 5 O/ 1 62 1012212008 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 10/22/2008 http://library 1. municode. com/default/DocView/ 1 0 145/1 / 1 5 O/ 1 62 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) http ://library 1 .municode. com/defaultfl)ocView/lO 149 1 /150/162 10/22/2008 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. httpJAibrary 1 .municode. com/default/DOcView/10 145/ 1/ 1 50/162 10/22/2008 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) http://library 1 .municode.com/default/DocView/l 0 145/1/150/162 10/22/2008 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: hUpd/library 1 .municode.com/default/DocView/lO 145/1/150/162 -!, . " 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 http://li brary 1. municode. com/default/DocView/l 0 1 45/ 1 / 1 50/ 1 62 10/22/2008 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. 1 .municode. com/default/DocView/ 10 145/1/ 1 50/ 162 10/22/2008 ARTICLE XI. INDUSTRIAL DISTRICTS* 0) Pulp or paper mills. (Code 1966, Q 25-80(3)) http :/Ai brary 1. muni code. com/defaultDocView/lO 145/ 1 / 1 5 O/ 1 62 Page 4 of 4 10/22/2008