HomeMy WebLinkAboutAgenda Council Agenda 101807
City of Palm Beach Gardens
Council Agenda
October 18, 2007
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo Council Member Jablin
Vice Mayor Levy Council Member Valeche
Council Member Barnett
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
October 18, 2007
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
VI. CITY MANAGER REPORT:
VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Clerk prior to this Item)
VIII. CONSENT AGENDA:
a. (Staff Report on Page 6, Resolution on Page 8) Resolution 119, 2007 –
Interlocal Agreement with Palm Beach County. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida approving an Interlocal Agreement
with Palm Beach County to provide swim lessons as part of the Drowning
Prevention Coalition’s Learn to Swim Program; and providing an effective date.
b. (Staff Report on Page 26, Resolution on Page 28) Resolution 122, 2007 -
Interlocal Agreement with the Village of North Palm Beach. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida authorizing the Mayor
and City Clerk to execute an Interlocal Agreement with the Village of North Palm
Beach for building services; and providing an effective date.
c. (Staff Report on Page 35, Resolution on Page 37) Resolution 123, 2007 –
Memorandum of Understanding, A Resolution of the City Council of the City of
Palm Beach Gardens, Florida declaring the intent of the City to allow Voluntary
Employee Beneficiary Association (VEBA) fund or funds for all City employees;
approving and ratifying such Addenda, Memoranda of Understanding, or other
Agreements necessary to establish an interim escrow account for potential VEBA
funding for employee contributions; and providing an effective date.
d. (Page 50) Proclamation – Make a Difference Day.
e. (Page 51) Proclamation – Florida City Government Week.
IX. PUBLIC HEARINGS:
Part I – Non-Quasi-judicial
a. (Staff Report on Page 52, Ordinance on Page 67) Ordinance 24, 2007 - (1st
reading) Amending Chart of Permitted uses. An Ordinance of the City Council of
the City of Palm Beach Gardens, Florida related to permitted uses in the
Commercial General (CG1) Zoning District; amending section 78-159, code of
ordinances, entitled “Permitted Uses, Minor, and Major Conditional Uses, and
Prohibited Uses" to allow ancillary boat, watercraft, and all-terrain vehicle sales
as a major conditional use; providing for codification; and providing an effective
date.
b. (Staff Report on Page 71, Ordinance on Page 98) Ordinance 29, 2007 - (2nd
reading and adoption) PGA Boulevard Corridor Overlay. An Ordinance of the
City Council of the City of Palm Beach Gardens, Florida amending section 78-
221, Code of Ordinances, entitled “PGA Boulevard Corridor Overlay” to clarify
which uses are prohibited within the overlay; providing for codification; and
providing an effective date.
Part II – Quasi-judicial
a. (Staff Report on Page 103, Ordinance on Page 190) Ordinance 30, 2007 – (1st
reading) Gander Mountain PUD. An Ordinance of the City Council of the City of
Palm Beach Gardens, Florida relating to rezoning; rezoning a parcel of land
consisting of 13.18 acres, located on the West side of Sandtree Drive,
immediately South of the Northlake Commons/Home Depot shopping center and
immediately North of the Sandtree residential development and Sandtree office
development, as described more particularly herein, from Commercial General
(CG-1) to Planned Unit Development (PUD) overlay with an underlying zoning
of Commercial General (CG-1) to be known as the Gander Mountain PUD;
amending the zoning district map; providing an effective date.
b. (Staff Report on Page 194, Resolution on Page 204) Resolution 118, 2007 –
Miscellaneous petition. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving a miscellaneous petition to allow for the
clearing of exotic vegetation, relocation of existing native trees, installation of a
buffer wall, and dedication and relocation of existing native palms to City
property, prior to obtaining final site plan approval of the proposed Gander
Mountain Planned Unit Development, to be located on a 13.18-acre parcel, as
described more particularly herein; providing for conditions, and providing an
effective date.
c. (Staff Report on Page 210, Resolution on Page 250) Resolution 78, 2007 –
Chase Bank Building. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida amending Resolution 21, 1998 to allow a total of four additional
tenant wall signs on the Northeast and Southwest elevations of the PGA Financial
Center Building (f.k.a. MacArthur Center Office Building) located at the
Northeast corner of PGA Boulevard and Fairchild Gardens Avenue within the
Regional Center Development of Regional Impact (DRI), as more particularly
described herein; providing an additional waiver; providing an additional
conditional of approval; and providing an effective date.
d. (Staff Report on Page 255, Resolution on Page 272) Resolution 95, 2007 -
Concurrent processing of a Future Land Use Map Amendment (FLUM). A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
allowing the concurrent processing of a Planned Unit Development (PUD) and a
Comprehensive Plan Amendment for the 10-acre parcel located at the Southwest
corner of Hood Road and Interstate 95; approving a concurrent processing
agreement; and providing an effective date.
e. (Staff Report on Page 281, Resolution on Page 328) Resolution 98, 2007 –
PGA Boulevard Streetscape. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving the PGA Boulevard beautification plan for the
Mirasol Planned Community District (PCD) located between PGA Boulevard and
Hood Road, West of the Ronald Reagan Turnpike; authorizing the City Manager
or designee to execute FDOT permits and/or a maintenance Memorandum of
Agreement; providing conditions of approval; and providing an effective date.
f. (Staff Report on Page 331, Resolution on Page 348) Resolution 114, 2007 -
Residential monument signs for the Garden Isles subdivision. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida authorizing the
construction of two residential monument signs within the Larch Avenue right-of-
way; and authorizing the execution of an Easement Agreement for the signs;
providing conditions of approval; and providing an effective date.
X. RESOLUTIONS:
XI ORDINANCES: (For Consideration on First Reading)
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIII. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: September 27,2007
Meeting Date: October 18, 2007
Resolution 11 9, 2007
SubjectlAgenda Item: lnterlocal Agreement with Palm Beach County for the City to
provide swimming lessons at the Palm Beach Gardens Aquatic Complex as part of the
Drowning Prevention Coalition's (DPC) Learn to Swim Program for qualified individuals
[XI Recommendation to APPROVE
Reviewed by:
City Attorney
Administrator
Department
Administrator
ition to DENY
Originating Dept.:
Recreatio Divis' &
Charlotte Presensky,
Recreation Director
Advertised: NIA
Date:
Paper:
[ x ] Not Required
Affected parties
w-.
1 x 1 Not required
~~
costs: $0.00
(Total)
Funding Source:
[ ]Operating
[ ]Other
[ x ] NIA
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ 3 Continued to:
Attachments:
0 Resolution 119, 2007
0 Exhibit A: PBC
lnterlocal Agreement
[ ]None
Date Prepared: September 27,2007
Meeting Date: October 18, 2007
Resolution 119, 2007 .
BACKGROUND: The Drowning Prevention Coalition of Palm Beach County (DPC) is
collaboratively supported by the Board of County Commissioners, Children’s Services
Council of Palm Beach County, Palm Beach County Fire Rescue, and the Quantum
Foundation. The purpose of the DPC is to prevent drownings from occurring, and
educating people about water safety. One preventative approach is teaching individuals of
all ages and abilities how to swim.
The DPC provides certificates also known as “DPC Bucks” to qualified families who cannot
afford swim lessons. These certificates provide for a minimum of six (6) swim lessons,
which will be free to the recipient, up to $50.00 per lesson. Palm Beach County then
reimburses the facility providing the lessons up to $50.00 for each certificate collected.
The DPC sends out a letter to recipients explaining the program, and listing facilities where
they can receive swimming lessons. In the letter, the DPC will list all facilities that can
provide the lessons for up to $50.00 (or “free” swimming lessons). Recipients will have to
pay for any cost above the $50.00. However, at the Palm Beach Gardens Aquatic
Complex, no additional fees will be required. All facilities working with the Learn To Swim
Program must provide a minimum of six (6) swim lessons; however, no maximum number
of lessons is specified. The recipients choose the facility that works best for them. The
certificates are good for a 90-day period, and will be marked with an expiration date.
Currently, there are numerous municipalities and private aquatic centers in Palm Beach
County that are taking part in the Learn to Swim program. This program will bring
numerous people to the Palm Beach Gardens Aquatic Complex to take part in the swim
lesson program. The City offers swim lessons regularly, so staffing is not an issue. By
accepting DPC Bucks, the number of swim lesson participants will increase which will
increase revenues. This program provided an opportunity to seventeen less fortunate
families to learn how to swim from October 2006-September 2007 at the Palm Beach
Gardens Aquatic Complex. The City will not incur any additional expenses by participating
in this program. If approved, these services will become effective October 1,2007 through
September 30,2008.
STAFF RECOMMENDATION:
Staff recommends approval of Resolution 1 19, 2007 as presented.
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RESOLUTION 119,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN INTERLOCAL
AGREEMENT WITH PALM BEACH COUNTY TO PROVIDE SWIM
LESSONS AS PART OF THE DROWNING PREVENTION
COALITION’S LEARN TO SWIM PROGRAM; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Palm Beach County, through its Drowning Prevention Coalition’s
Learn to Swim Program, distributes vouchers to the public which may be redeemed for
swimming lessons at designated aquatic facilities within Palm Beach County; and
WHEREAS, the City desires to enter into an lnterlocal Agreement with the
County, attached hereto and incorporated herein as Exhibit “A, to provide swimming
lessons at the Palm Beach Gardens Aquatic Complex as part of the Learn to Swim
Program; and
WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in
the best interest of the citizens and residents of the City of Palm Beach Gardens to
enter into said Agreement.
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 City Council hereby approves an lnterlocal Agreement with
Palm Beach County for participation in the Drowning Prevention Coalition’s Learn to
Swim Program, and hereby authorizes the City Manager and City Clerk to execute
the Agreement.
SECTION 3. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank.)
Date Prepared: September 12, 2007
Resolution 119, 2007
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PASSED AND ADOPTED this day of , 2007.
CITY OF PALM BEACH GARDENS, FLORIDA
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR LEVY
COUNC ILMEMBER JABLIN
CO U N C I LM E M B E R VALE C H E
COUNCILMEMBER BARNETT
-- AYE NAY ABSENT
G:\attorney-share\RESOLUTlONS\interlocal agrnt with pbc - drowning prevention - reso 11 9 2007.doc
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Date Prepared: September 12, 2007
Resolution 11 9, 2007
EXHIBIT “A”
INTERLOCAL AGREEMENT
FOR SWIMMING LESSONS
This Agreement is made as of the - day of ,200-, by and between Palm Beach County,
a Political Subdivision of the State of Florida, by and through its Board of Commissioners,
hereinafter referred to as the COUNTY, and the City of Palm Beach Gardens, a Florida municipal
corporation located in Palm Beach County, Florida.(hereinafter referred to as “MUNICIPALITY”).
WHEREAS, COUNTY, through its Drowning Prevention Coalition’s (“DPC”) Learn to
Swim Program, distributes vouchers to the public which may be redeemed for swimming lessons at
designated aquatic facilities within Palm Beach County; and
WHEREAS, the parties desire to enter into this Agreement for MUNICIPALITY to provide
swimming lessons as part of the DPC Learn to Swim Program, and to define the parties’
responsibilities relating thereto.
WHEREAS, Section 163.01, Florida Statutes, known as the “Florida Interlocal Cooperation Act of
1969,” authorizes local governments to make the most efficient use of their power by enabling them
to cooperate with other localities on a basis of mutual advantage and thereby to provide services and
facilities that will harmonize geographic, economic, population and other factors influencing the
needs and development of local communities.
NOW THEREFORE, in consideration of the mutual covenants and promises contained
herein, the COUNTY and the MUNICIPALITY agree as follows:
ARTICLE 1 - SERVICES
MUNICIPALITY shall offer and provide swimming lesson classes to individuals who present
vouchers issued by the DPC Learn to Swim Program. Each class to be offered and provided shall
consist of a series of at least six swimming lessons and shall be identified in Exhibit A, attached
hereto and incorporated herein. Exhibit A shall set forth the name, type, swimming level, dates,
location, minimum participation requirements, if any, and MUNICIPALITY’S usual and customary
fee for each class. MUNICIPALITY shall not charge voucher holders for any swim class for which
MUNICIPALITY’S usual and customary fee is $50.00 or less. If MUNICIPALITY’S usual and
customary fee for a swim class is more than $50.00, then the maximum fee that MUNICIPALITY
may charge voucher holders for said class is its usual and customary fee minus $50.00. Said classes
may be open to the public and are not restricted to voucher holders.
The swimming lesson classes shall be provided at MUNICIPALITY’S aquatic facility.
MUNICIPALITY agrees to provide and maintain its facility in a safe, clean and hygienic manner and
in accordance with all safety and health standards and all other applicable laws and regulations.
MUNICIPALITY agrees to provide and maintain in proper working order all equipment necessary to
provide and maintain the services and facility as provided herein. MUNICIPALITY represents and
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warrants that its aquatic facility is in compliance, and shall continue to be in compliance, with
Section 5 14.03 1, Florida Statutes, all applicable rules and requirements of the State and County
Health Departments, and all other applicable laws, rules and regulations. Prior to execution of this
Agreement, MUNICIPALITY must provide to COUNTY copies of the facility’s current operating
permit and most current inspection report, which must evidence a satisfactory inspection.
MUNICIPALITY shall perform the services set forth herein in accordance with all applicable
laws, rules and regulations, and in a competent, professional, safe and responsible manner with full
regard for the safety of the participants. MUNICIPALITY agrees and warrants that all swimming
instructors utilized by MUNICIPALITY to provide lessons hereunder shall be certified as required
by Section 514.071, Florida Statutes, and any other applicable laws, rules and regulations.
MUNICIPALITY shall provide proof of such certifications to COUNTY’S representative upon
request. MUNICIPALITY represents and warrants that it has in place, and shall continue to
maintain, a drug-free workplace policy.
ARTICLE 2 - COMMENCEMENT AND TERM
This Agreement shall commence on October 1,2007 and shall remain in effect until September 30,
2008.
ARTICLE 3 - PAYMENTS TO MUNICIPALITY
A. For swimming classes provided by MUNICIPALITY in exchange for DPC Learn to Swim
Program vouchers, COUNTY shall pay MUNICIPALITY its usual and customary fee per
class as set forth in Exhibit A hereto, up to a maximum of $50.00 per class series provided
to a voucher holder. As provided in Resolution No. R-2005-1906, the total payments to all
swimming lesson providers utilized in the DPC Learn to Swim Program for each fiscal year
shall not exceed the amount budgeted by COUNTY for this purpose for said fiscal year.
B. MUNICIPALITY shall invoice COUNTY monthly based on the number of swimming lesson
classes provided hereunder. Invoices shall include a list of the names and contact
information of students to whom lessons were actually provided, the name, dates, and times
of the classes provided, and any other documentation deemed necessary by COUNTY to
verify that services have been rendered in conformity with this Agreement and any applicable
DPC Learn to Swim Program criteria, policies and procedures.
ARTICLE 4 - TERMINATION
The COUNTY may terminate this Agreement at any time upon written notice to the
MUNICIPALITY with or without cause and without penalty, damages or recourse against
COUNTY. MUNICIPALITY may terminate this Agreement upon thirty days (30) days’ prior written
notice to the COUNTY.
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ARTICLE 5 - PERSONNEL
The MUNICIPALITY represents that it has, or will secure at its own expense, all necessary
personnel required to perform the services under this Agreement. Such personnel shall not be
employees of or have any contractual relationship with the COUNTY.
All of the services required hereunder shall be performed by the MUNICIPALITY or under its
supervision, and all personnel engaged in performing the services shall be fully qualified and, if
required, authorized and permitted under state and local law to perform such services.
The MUNICIPALITY warrants that all services shall be performed by skilled and competent
personnel to the highest professional standards in the field.
ARTICLE 6 - SUBCONTRACTING
MUNICIPALITY may not, without written approval of COUNTY, subcontract any rights,
responsibilities or obligations under this Agreement.
ARTICLE 7 - AVAILABILITY OF FUNDS
The COUNTY’S performance under this Agreement for subsequent fiscal years is contingent upon
annual appropriations for its purpose by the Board of County Commissioners and subject to the
provisions of Palm Beach County Resolution No. R-2005-1906. The MUNICIPALITY’S
performance under this Agreement for subsequent fiscal years is contingent upon annual
appropriations for its purpose by its governing body.
ARTICLE 8 - INSURANCE
Without waiving the right to sovereign immunity as provided by s.768.28js., MUNICIPALITY
acknowledges to be self-insured for General Liability and Automobile Liability under Florida
sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per
Occurrence; or such monetary waiver limits that may change and be set forth by the legislature.
In the event MUNICIPALITY maintains third-party Commercial General Liability and Business
Auto Liability in lieu of exclusive reliance of self-insurance under s.768.28js, MUNICIPALITY
shall agree to maintain said insurance policies at limits not less than $500,000 combined single limit
for bodily injury or property damage.
MUNICIPALITY agrees to maintain or to be self-insured for Worker’s Compensation & Employer’s
Liability insurance in accordance with Chapter 440, Florida Statutes.
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When requested, MUNICIPALITY shall agree to provide an affidavit or Certificate of Insurance
evidencing insurance, self-insurance and/or sovereign immunity status, which COUNTY agrees to
recognize as acceptable for the above mentioned coverages.
Compliance with the foregoing requirements shall not relieve MUNICIPALITY of its liability and
obligations under this Agreement.
ARTICLE 9 - INDEMNIFICATION
Each party shall be liable for its own actions and negligence and, to the extent permitted by law,
COUNTY shall indemnify, defend and hold harmless MUNICIPALITY against any actions, claims
or damages arising out of COUNTY’S negligence in connection with this Agreement, and
MUNICIPALITY shall indemnify, defend and hold harmless COUNTY against any actions, claims,
or damages arising out of MUNICIPALITY’S negligence in connection with this Agreement. The
foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set
forth in Section 768.28, Florida Statutes, nor shall the same be construed to constitute agreement by
either party to indemnify the other party for such other party’s negligent, willful or intentional acts or
omissions.
ARTICLE 10 - SUCCESSORS AND ASSIGNS
Neither party shall assign, delegate or otherwise transfer its rights and obligations as set forth in this
Agreement to any other entity without the prior written consent of the other party.
ARTICLE 11 - REMEDIES
This Agreement shall be governed by the laws of the State of Florida. Any legal action necessary to
enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any
party is intended to be exclusive of 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 in equity, by statute or otherwise. No single or partial exercise by any party of any
right, power, or remedy hereunder shall preclude any other or further exercise thereof. No provision
of this Agreement is intended to, or shall be construed to, create any third-party beneficiary or to
provide any rights to any person or entity not a party to this Agreement.
ARTICLE 12 - CONFLICT OF INTEREST
The MUNICIPALITY represents that it presently has no interest and shall acquire no interest, either
direct or indirect, which would conflict in any manner with the performance of services required
hereunder, as provided for in Chapter 112, Part 111, Florida Statutes. The MUNICIPALITY further
represents that no person having any such conflict of interest shall be employed for said performance
of services.
The MUNICIPALITY shall promptly notify the COUNTY’S representative, in writing, by certified
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mail, of all potential conflicts of interest of any prospective business association, interest or other
circumstance which may influence or appear to influence the MUNICPALITY 'S judgment or
quality of services being provided hereunder. Such written notification shall identify the prospective
business association, interest or circumstance, the nature of work that the MUNICIPALITY may
undertake and request an opinion of the COUNTY as to whether the association, interest or
circumstance would, in the opinion of the COUNTY, constitute a conflict of interest if entered into
by the MUNICIPALITY. The COUNTY agrees to notify the MUNICIPALITY of its opinion by
certified mail within thirty (30) days of receipt of notification by the MUNICIPALITY. If, in the
opinion of the COUNTY, the prospective business association, interest or circumstance would not
constitute a conflict of interest by the MUNICIPALITY, the COUNTY shall so state in the
notification and the MUNICIPALITY shall, at its option, enter into said association, interest or
circumstance and it shall be deemed not in conflict of interest with respect to services provided to the
COUNTY by the MUNICIPALITY under the terms of this Agreement.
ARTICLE 13 - EXCUSABLE DELAYS
MUNICIPALITY shall not be considered in default by reason of any failure in performance if such
failure arises out of causes reasonably beyond the control of MUNICIPALITY or its subcontractors
and without their fault or negligence. Such causes include, but are not limited to, acts of God, force
maj eure, natural or public health emergencies, labor disputes, freight embargoes, and abnormally
severe and unusual weather conditions.
Upon MUNICIPALITY'S request, the COUNTY shall consider the facts and extent of any failure to
perform the work and, if the MUNICIPALITY 'S failure to perform was without its or its
subcontractors fault or negligence, the Agreement schedule and/or any other affected provision of
this Agreement shall be revised accordingly, subject to the COUNTY'S rights to change, terminate,
or stop any or all of the work at any time.
ARTICLE 14 - ARREARS
The MUNICIPALITY shall not pledge the COUNTY'S credit or make it a guarantor of payment or
surety for any contract, debt, obligation, judgement, lien, or any form of indebtedness. The
MUNICIPALITY further warrants and represents that it has no obligation or indebtedness that would
impair its ability to fulfill the terms of this Agreement.
ARTICLE 15 - PUBLIC RECORDS
The MUNICIPALITY shall comply with Florida's Public Records Law with regard to any
documents or other records relating to this Agreement.
ARTICLE 16 - INDEPENDENT CONTRACTOR RELATIONSHIP
The MUNICIPALITY is, and shall be, in the performance of all work services and activities under
this Agreement, an Independent Contractor, and not an employee, agent, or servant of the COUNTY.
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All persons engaged in any of the work or services performed pursuant to this Agreement shall at all
times, and in all places, be subject to the MUNICIPALITY 'S sole direction, supervision, and
control. The MUNICIPALITY shall exercise control over the means and manner in which it and its
employees perform the work, and in all respects the MUNICIPALITY'S relationship and the
relationship of its employees to the COUNTY shall be that of an Independent Contractor and not as
employees or agents of the COUNTY.
The MUNICIPALITY does not have the power or authority to bind the COUNTY in any promise,
agreement or representation.
ARTICLE 17 - CONTINGENT FEES
The MUNICIPALITY warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the MUNICIPALITY to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or
firm, other than a bona fide employee working solely for the MUNICIPALITY, any fee, commission,
percentage, gift , or any other consideration contingent upon or resulting from the award or making
of this Agreement.
ARTICLE 18 - ACCESS AND AUDITS
The MUNICIPALITY shall maintain adequate records to justify all charges, expenses, and costs
incurred in estimating and performing the work for at least three (3) years after completion or
termination of this Agreement. The COUNTY shall have access to such books, records, and
documents as required in this section for the purpose of inspection or audit during normal business
hours, at the MUNICIPALITY 'S place of business.
ARTICLE 19 - NONDISCRIMINATION
The MUNICIPALITY warrants and represents that all of its employees are treated equally during
employment without regard to race, color, religion, disability, sex, age, national origin, ancestry,
marital status, or sexual orientation.
ARTICLE 20 - AUTHORITY TO PRACTICE
The MUNICIPALITY hereby represents and warrants that it has and will continue to maintain all
licenses and approvals required to conduct its business, and that it will at all times conduct its
business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to
the COUNTY'S representative upon request.
ARTICLE 21 - SEVERABILITY
If any term or provision of this Agreement, or the application thereof to any person or circumstances
shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the
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application of such terms or provision, to persons or circumstances other than those as to which it is
held invalid or unenforceable, shall not be affected, and every other term and provision of this
Agreement shall be deemed valid and enforceable to the extent permitted by law.
ARTICLE 22- PUBLIC ENTITY CRIMES
As provided in F.S. 287.132-133, by entering into this Agreement or performing any work in
furtherance hereof, the MUNICIPALITY certifies that it, its affiliates, suppliers, subcontractors and
contractors who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a).
ARTICLE 23 - SURVIVABILITY
Any covenant, agreement, representation, warranty or other provision of this Agreement that is of a
continuing nature or which by its language or its nature imposes an obligation that extends beyond
the term of this Agreement, including but not limited to representations relating to indemnification
and the disclosure or ownership of documents, shall survive the expiration or early termination of
this Agreement and the consummation of the transactions contemplated hereunder.
ARTICLE 24 - NOTICE
All notices required in this Agreement shall be sent by certified mail, return receipt requested, hand
delivery or other delivery service requiring signed acceptance. If sent to the COUNTY, notices shall
be addressed to:
Palm Beach County Fire-Rescue
50 South Military Trail, Suite 10 1
West Palm Beach, FL 33415
Attn: Fire-Rescue Administrator
If sent to the MUNICIPALITY, notices shall be addressed to:
City of Palm Beach Gardens
4404 Burns Road
Palm Beach Gardens, FL 33410
Attn: Karen Partanen
ARTICLE 25 - FILING
A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach
County.
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ARTICLE 26 - ENTIRETY OF CONTRACTUAL AGREEMENT
The COUNTY and the MUNICIPALITY agree that this Agreement sets forth the entire agreement
between the parties, and that there are no promises or understandings other than those stated herein.
None of the provisions, terms and conditions contained in this Agreement may be added to,
modified, superseded or otherwise altered unless agreed to in writing by both parties. This
Agreement shall inure to the benefit of and shall be binding upon the parties, their respective assigns
and successors in interest.
IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and
executed this Agreement on behalf of the COUNTY, and MUNICIPALITY has hereunto set its hand the day and
year above written.
WITNESS
Signature
Name (type or Print)
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
Rv
County Attorney
ATTEST:
By:
City Clerk
PALM BEACH COUNTY, FLORIDA, BY
ITS BOARD OF COUNTY COMMISSIONERS
By:
Herman W. Brice, Fire-Rescue Administrator,
through Robert Weisman, County Administrator
APPROVED AS TO TERMS
AND CONDITIONS
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY /
By:
8
EXHIBIT "A"
9
Learn to Swim
The focus of this American Red Cross program is to give chil-
dren ages 0 months to 12 years the physical skills and safety
knowledge necessary to maximize their enjoyment of the water.
Class size is limited to maintain a ratio of six children per
instructor.'
FEES: $45 Resident/ $59 non resident
Fall 2007 Session
Session I Session II Session 111 Session IV
Sep 1 0-Sep 20* Sep 24-0ct 4* Oct &Oct 18* Oct 22-Nov 1 *
10:15-10:45 AM Parent and Tot NA Parent and Tot NA
2:30-3:OO PM NA Parent and Tot NA Parent and Tot
515- 5:45 PM Level 1P Level 1P Level 1P Level 1P
Level 2P Level 2P Level 2P Level 2P
Level 3P Level 3P Level 3P Level 3P
6:OO- 6:30 PM Level 1 Level 1 Level 1 Level 1
Level 2 Level 2 Level 2 Level 2
Level 3 Level 3 Level 3 Level 3
*Classes run Monday thru Thursday for 2 weeks
Saturday Lessons
Session I Session II
Sept 8-Sept 29 Oct 6-0ct 27
9:00-10:15 AM Level 4 8 5 Level 4 8 5
**Instructor to student ratio for Level 4 8 5 is 1:lO
Where Do I Place My Child?
Parent and Tot
Ages: 6 months-3 years
Parents participate in the water with their children and the class is in-
tended to develop a level of comfort in and around the water. Parents will
be provided with techniques to orient their child to the water. I
ILevel 1P
Ages: 4-5 yrs.
Entering & exiting the water, blowing bubbles supported floating,
alternating arm 8 leg action front & back, water safety rules.
JLevel2P)
Ages: 4-5 yrs.
Retrieve objects, unsupported floating & kicking, begin combined arm &
leg action, introduction to deep water, water safety rules.
/Level 3P)
Ages: 4-5 yrs.
Retrieve objects, front and back glide, tread water, rotary breathing,
coordinating arm action front and back, water safety.
~~~ ~
{Level I)
Ages: 6-12 yrs.
Entering & exiting the water, blowing bubbles, supported floating,
alternating arm & leg action front 8 back, water safety rules.
/Level21
Ages: 6-12 yrs.
Retrieve objects, unsupported floating & kicking, begin combined arm &
leg action, introduction to deep water, water safety rules.
/Level 31
Ages: 6-12 yrs.
Retrieve objects, front and back glide, tread water, rotary breathing,
coordinating arm action front and back, water safety.
JLevel4a5)
Ages: 6-12 yrs.
Front & back crawl, breaststroke, elementary back stroke, sidestroke,
butterfly, flip turns, standing dives.
087480
ANNUAL OPERATI NG PERMIT Permit Number 50-60-03497
POOL / SPA
PALM BEACH COUNTY HEALTH DEPARTMENT
PBG Aquatic Competition Pool
4404 Burns Road Fee $200.00 Issued 07/23/07
Palm Beach Gardens, FL 33410 File No. 3625
Phone 561-355-3070 Issued To:
Mailed To: PBG Aquatic Competition Pool
4404 Burns Road
Palm Beach Gardens, FL 33410
Ex pi res 0613 0/08
Audit Control No. PO5183
lure to comply with all regulations
STATE OF FLORIDA
DEPARTMENT OF HEALTH 087479 FLORIDA DEF'ARTUENT OF
ANNUAL OPERATI NG PE RMlTPermit Number 50-60-03507
EiEzzp
POOL / SPA
PALM BEACH COUNTY HEALTH DEPARTMENT
PBG Aquatic Water Activity
4404 Burns Road
Palm Beach Gardens, FL 33410 File No. 3626
PBG Aquatic Water Activity
4404 Burns Road Expires 06/30/08
Palm Beach Gardens, FL 33410
Phone 561-355-3070
Issued To:
Fee $200.00
Issued 07/23/07
Mailed To:
Audit Control No. PO5185
DEPARTMENT OF HEALTH 034203
ANNUAL OPERATING PERMlTPermit Number 50-60-01676
POOL / SPA
PALM BEACH COUNTY HEALTH DEPARTMENT Phone 561-355-3070
PBG Aquatic Main Pool
4404 Burns Rd
Palm Beach Gardens, FL 33410 File No. 1509
Issued To:
Fee $200.00
Issued 06/11 /07
111 Mailed To: PBG Aquatic Main Pool
10500 N. Military Trail Palm Beach Gardens, FL 33410
Expires 06/30/08
Audit Control No. PO4850
lure to comply with all regulations
STATE OF FLORIDA
DEPARTMENT OF HEALTH
ESTABLISHMENTiFACILITY
~~ STATE OF FLORIDA.
PURPOSE:
ROUTINE 0 REINSPECTI
0 CONSTRUCT 0 CHANGEOF
HEALTH DEPAdTMENT INSPECTOR'
COPY OF REPORTRECEIVED B;
ESTABLISHMENT/FACILITY
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: October 1,2007
Meeting Date: October 18,2007
Resolution 122, 2007
SubjectlAgenda Item: Approve an Interlocal Agreement with the Village of North Palm
Beach for the City of Palm Beach Gardens’ Building Department to provide interim building
related services for the Village of North Palm Beach.
[XI Recommendation to APPROVE
I1 Recommendation to DENY
Reviewed by:
City Attorney
r/
Financ Ad inistrator &
Y
Department
Administrator
city danagd
Originating Dept.:
-/
Resource Manager
Director
Advertised: NIA
Date:
Paper:
[ x ] Not Required
Affected parties
[ ] Notified /
[ x ] Not required
costs:$o.oo
(Total) .c
costs: $0.00
Current FY
Funding Source:
[ ] Operating
[ ]Other
Budget Acct.#:
NA
Council Action:
[ ]Approved
[ ] Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attachments:
0 Resolution 122, 2007
0 Exhibit A: Interlocal
Agreement
[ ]None
Date Prepared: October 1, 2007
Meeting Date: October 18, 2007
Resolution 122, 2007
BACKGROUND:
The Village of North Palm Beach has requested emergency assistance related to building
services. The City of Palm Beach Gardens met with Village staff on September 27,2007 to
explore the possibility of assisting them with building services on an interim basis as the
Village recruits new building division staff. The City currently has the necessary personnel
and resources to provide such services on an interim basis, including plan review,
inspection and building official services, on behalf of the Village.
STAFF RECOMMENDATION: Approve Resolution 122,2007 as presented.
~~
Date Prepared: October 1, 2007
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RESOLUTION 122,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT WITH
THE VILLAGE OF NORTH PALM BEACH FOR BUILDING
SERVICES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 163.01 , Florida Statutes, known as the “Florida Interlocal
Cooperation Act of 1969,” authorizes local governments to make the most efficient use
of their powers by enabling them to cooperate with other localities that will harmonize
geographic, economic, population, and other factors influencing the needs and
development of local communities; and
WHEREAS, the Village of North Palm Beach, at the present time, needs
assistance on an interim basis related to building services within its corporate limits; and
WHEREAS, the City of Palm Beach Gardens has the necessary personnel and
resources to provide such building services on behalf of the Village of North Palm
Beach; and
WHEREAS, the City wishes to enter into the Interlocal Agreement with the
Village of North Palm Beach, which Agreement has been prepared and is attached
hereto; 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.
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 City Council of Palm Beach Gardens, Florida hereby accepts
and approves the Interlocal Agreement with the Village of North Palm Beach for interim
building services and extended services as requested by the Village of North Palm
Beach, and hereby authorizes the Mayor and City Clerk to execute the Agreement.
SECTION 3. This Resolution shall become effective immediately upon adoption.
Date Prepared: October 1, 2007
Resolution 122, 2007
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PASSED AND ADOPTED this day of , 2007.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFlCl ENCY
PV.
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR LEVY
COUNCILMEMBER JABLlN
COUNCILMEMBERVALECHE
COUNCILMEMBER BARNETT
-- AYE NAY ABSENT
G:\attorney-share\RESOLUTlONS\Interlocal agmt with VNPB - reso 122 2007.doc
2
INTERLOCAL AGREEMENT TO PROVIDE
BUILDING INSPECTION AND PLAN REVIEW SERVICES
THIS AGREEMENT is entered into this day of 2007, by
and between the Village of North Palm Beach, a municipal corporation orgakized and
existing under the laws of the State of Florida (“Village”), and the City of Palm Beach
Gardens, a municipal corporation organized and existing under the laws of the State of
Florida (“City”).
WlTN ESSETH:
WHEREAS, the Village needs assistance on an interim basis to provide building
services within its corporate limits; and
WHEREAS, the City possesses the necessary personnel and resources to
provide such building services on behalf of the Village; and
WHEREAS, the Village has determined that it is in the best interests of the
health, safety, and welfare of its residents to contract with the City to provide assistance
with building services on an interim basis; and
WHEREAS, Section 163.01 , Florida Statutes, allows local government to make
the most efficient use of their powers by enabling them to cooperate with each other on
the basis of mutual advantage and thereby provide services and facilities in a manner
that will best serve the needs of each unit of government.
NOW, THEREFORE, in consideration of the mutual obligations set forth below,
and other good and valuable consideration, the Village and the City agree as follows:
SECTION 1. Recitals.
The foregoing recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. Purpose.
The exclusive purpose of this lnterlocal Agreement is to provide the Village with
the expertise and assistance of the City’s Building Division for plan review, inspection of
construction projects, and building official services within the Village’s corporate limits
on an interim basis until such time the Village has sufficient staffing to provide these
services. At such time, the Village may choose to request limited building services from
the City.
SECTION 3. Definitions.
When used in this Agreement, the following terms shall have the meanings set
forth below:
Building Official means the City of Palm Beach Gardens Building Official or
hidher designee.
Code means the provisions of the Florida Building Code, as it may from time to
time be amended, and any local amendments thereto.
Division means the City of Palm Beach Gardens Building Division.
lnspector means any licensed building inspector employed by the City.
Permit means a permit issued by the Village for any construction work.
Permitee means any individual, corporation, or other business entity applying for
and/or holding a valid permit.
SECTION 4. Procedure for Submittal of Plans and Issuance of Permits.
4.01
4.02
4.03
All construction plans shall initially be submitted to the Village by the
Permittee, and the Village shall review the plans for compliance with all
Village ordinances and the Village’s Land Development Regulations.
The City shall review and process the plans for compliance with the Code
and shall determine all necessary subsidiary permits. All permits and
certificates of occupancy shall be approved by the City and issued by the
Village.
The Village and the City shall work together to formulate a procedure for
the submittal and review of plans, the scheduling of inspections, and the
issuance of permits and certificates of occupancy. This procedure may be
amended as necessary by the mutual agreement of the Village and the
City without the necessity of amending this Agreement.
SECTION 5. Obligations of the Village.
5.01 The Village shall be solely responsible for the enforcement of violations of
the Code by persons engaged in construction within the Village.
2
5.02 The Village shall retain primary responsibility for the administration and
processing of all consumer inquiries. The Village shall forward to the
Building Official only those inquiries concerning the plan review and
inspection process, and all others shall remain the responsibility of the
Village.
SECTION 6. Compensation.
As compensation for processing the construction plans and performing building
inspections within the Village, the City shall be compensated at a rate of one and one
half (1 5) times the salary of the City’s employees assigned to work within the Village.
The City shall keep a timesheet of all employees assigned to the Village and submit to
the Village for review and approval. The Village shall provide full payment to the City
within thirty (30) days of approved timesheets.
SECTION 7. Term.
This Agreement shall be for a term of ninety (90) days and shall automatically be
renewed for an additional ninety (90) day term unless either party gives written notice of
its intent not to renew thirty (30) days prior to the expiration of the applicable term.
Notwithstanding the foregoing, either party may terminate this Agreement for any or no
reason with thirty (30) days’ written notice.
SECTION 8. Indemnification.
The parties acknowledge that they are both governmental entities governed by
the provisions of Section 768.28, Florida Statutes. Without waiving any provisions
provided therein, the parties agree that each will, to the extent permitted by law, be
responsible for any damage caused by or arising out of the negligence or willful
misconduct of its employees or agents.
SECTION 9. Notices.
All notices required or contemplated by this Agreement shall be in writing and
shall be hand-delivered or mailed certified mail, return receipt requested to the following
addresses:
For the Village:
Village of North Palm Beach
501 US Highway One
North Palm Beach, Florida 33408
Attention: Village Manager
3
copy to:
Leonard G. Rubin, Village Attorney
Glen Torcivia and Associates
701 Northpoint Parkway, Suite 209
West Palm Beach, Florida 33407
For the City:
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 3341 0
Attention: City Manager
copy to:
Palm Beach Gardens City Attorney
10500 North Military Trail
Palm Beach Gardens, Florida 3341 0
Palm Beach Gardens Building Official
10500 North Military Trail
Palm Beach Gardens, Florida 3341 0
SECTION IO. Miscellaneous Provisions.
10.1
10.2
10.3
10.4
10.5
This Agreement shall not be assigned or transferred by either party
without prior written consent.
All officers and other persons employed by the City and the performance
of the services, functions, and responsibilities described and contemplated
herein are deemed City employees or appointees during the duration of
this Agreement and shall not, under any circumstances, be considered
employees of the Village.
This Agreement constitutes the entire understanding of the parties. It may
not be modified or any of its provisions waived unless such modification
and/or waiver is in writing and is agreed to be signed by both parties.
Nothing contained in this Agreement shall be construed to constitute or
transfer powers in any way whatsoever.
Should any provision of this Agreement be declared invalid by a Court of
competent jurisdiction, same shall be deemed stricken herefrom, and all
other terms and conditions of this Agreement shall continue in full force
and effect as if such invalid provision had never been a part hereof.
4
10.6 This Agreement shall be signed in triplicate and filed for record by the
Village with the Clerk of the Circuit Court of Palm Beach County in
accordance with Section 163.01, Florida Statutes.
IN WITNESS WHEREOF, the parties have executed this Agreement effective on
the date first written above.
ATTEST:
Melissa Teal, Village Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By:
Leonard G. Rubin, Village Attorney
ATTEST:
By:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
UFFICIENCY:
VILLAGE OF NORTH PALM BEACH, a
Florida municipal corporation
By:
Edward M. Eissey, Mayor
CITY OF PALM BEACH GARDENS, a
Florida municipal corporation
By:
Joseph R. Russo, Mayor
G:\attorney-share\AGREEMENTS\lnterlocal Agreement-building insp (FINAL).doc
5
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: October 10,2007
Meeting Date: October 18,2007
Resolution 123,2007
SubjectlAgenda Item: Resolution 123,2007, establishing the intent of the City to
create voluntary employee beneficiary association (VEBA) fund@).
@CJ Recommendation to APPROVE
1 ] Recommendatiop to DENY
/
c
Reviewed by: Originating Dept.:
Administration City Attorney
Adverased: %+ Date:
Human Resources
Administrator
Paper:
Submitted by:
Stacy A. Rundle
Assistant to the Citv v] Not Required
r
costs: $0
(Total)
$0
(Current FY)
Funding Source:
[ X 1 Operating
[ ]Other
Budget, ;ct.#:
2ouncil Action:
J Approved wl
mnditions
: ]Denied
; ] Continued to:
4ttachrnents:
3BA - Memorandum of
Understanding
AFF - Amendment to
CBA
3EIU - Letter of Interest
[ ]None
Date Prepared: October IO, 2007
Meeting Date: October 18,2007
Resolution 123,2007
BACKGROUND:
City staff has been requested to investigate the potential for establishing a
Voluntary Employee Beneficiary Association (VEBA) fund(s) to be funded solely by
employee contributions to provide retirees with a subsidy that would help offset
their cost of health insurance. While the implementation of a VEBA fund for non-
bargaining unit employees can occur in the same fashion as the Florida Retirement
System (FRS) program occurred, the four bargaining units must either approve a
Memorandum of Understanding relative to existing language (Police) or amend the
current contracts (SEIU and IAFF). The recently approved collective bargaining
agreements with the Police Benevolent Association for police officers, sergeants,
and communications officers (Resolution 102, 2007) and police lieutenants
(Resolution 108, 2007) include language in Articles 18 and 16, respectively,
expressing a desire to establish a VEBA fund at no expense to the City. The
collective bargaining agreements with the IAFF and the SEW do not currently
contain similar language; however, both parties have expressed interest in
providing this benefit to their members.
It has been the intent of the staff members assigned to the VEBA Task Force to
research existing plans and determine how to offer this benefit to all employees of
the City. An amendment to the IAFF collective bargaining agreement was ratified
by a majority of the membership and is presented for approval by Council to allow
1% of the scheduled salary increases for the collective bargaining unit members to
be set aside in an escrow account while the VEBA fund 5s established. A
Memorandum of Understanding between the City and the PBA provides the
mechanism to do the same for those bargaining unit members who have already
expressed their desire to fund this benefit in the labor contract The SEIU has
issued a letter of intwerest as they did when the Florida Retirement System was
implemented, so that they can properly research this benefit and present an
amendment to their contract to their membership for ratification. Non-bargaining
unit employees in all departments would participate by virtue of a policy included in
the City’s personnel policies. In all instances, the plans would be funded by the
employee participants, not the City.
Approval of Resolution 123, 2007 will establish the City’s intent to create VEBA
funds for all employees and approve the creation of an escrow account for
potential funding of same.
RECOMMENDATWN: Staff recommends approval of Resolution 123, 2007 as
presented.
Date Prepared: September 17, 2007
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RESOLUTION 123,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA DECLARING THE INTENT OF THE
CITY TO ALLOW VOLUNTARY EMPLOYEE BENEFICIARY
ASSOCIATION (VEBA) FUND OR FUNDS FOR ALL CITY
EMPLOYEES; APPROVING AND RATIFYING SUCH ADDENDA,
MEMORANDA OF UNDERSTANDING, OR OTHER AGREEMENTS
NECESSARY TO ESTABLISH AN INTERIM ESCROW ACCOUNT
FOR POTENTIAL VEBA FUNDING FOR EMPLOYEE
CONTRIBUTIONS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City has been requested to investigate the potential for
establishing a Voluntary Employee Beneficiary Association (VEBA) fund or funds to be
funded solely by employee contributions to provide retirees with a subsidy that would
help offset their cost of health insurance; and
WHEREAS, as an interim measure until such time staff has researched and
received proposals from providers and receives approval from Council to establish a
VEBA trust fund to account for the post-employment health subsidy expenses, the City
can establish an escrow account to retain 1% of scheduled salary increases for
participating employees; and
WHEREAS, the Professional Firefighters/Paramedics of Palm Beach County
Local 2928, Inc. (IAFF) has submitted the addendum to the Collective Bargaining
Agreement approved by Resolution 62, 2006 which is attached hereto as Exhibit “A;
and
WHEREAS, the majority of members of the IAFF have voted in favor of
ratification of the Addendum to the Collective Bargaining Agreement; and
WHEREAS, the Palm Beach County Police Benevolent Association, Inc. (PBA)
has submitted the Memorandum of Understanding to the Collective Bargaining
Agreements approved by Resolution 102, 2007 and Resolution 108, 2007, which is
attached hereto as Exhibit “B”; and
WHEREAS, the majority of members of the PBA have voted in favor of
ratification of the Memorandum of Understanding to the Collective Bargaining
Agreements; and
WHEREAS, SElU has requested the opportunity to participate in discussions
regarding the creation of a VEBA program; and
Date Prepared: September 17, 2007
Resolution 123, 2007
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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:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby establishes its intent to allow a Voluntary
Employee Beneficiary Association (VEBA) fund or funds for all City employees to be
funded solely from employee contributions. The City Council hereby ratifies, confirms,
and approves such addenda, memoranda of understanding, or other agreements
necessary to establish an interim escrow account for potential VEBA funding for
employee contributions, and authorizes the Mayor and City Clerk to execute such
agreements on behalf of the City. The City Manager is directed to take such actions
necessary to create an escrow account to retain employee contributions from all
participating employees on an interim basis until such time as a VEBA fund or funds are
established.
SECTION 3. This Resolution shall become effective immediately upon adoption.
(The remainder of this page intentionally left blank)
2
Date Prepared: September 17, 2007
Resolution 123, 2007
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PASSED AND ADOPTED this day of , 2007.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR LEVY
COUNCILMEMBER JABLIN
COUNCILMEMBER VALECHE
COUNCILMEMBER BARNETT
-- AYE NAY ABSENT
G:\attorney-share\RESOLUTlONS\veba -final - reso 123 007.docx
3
Date Prepared: September 17, 2007
Resolution 123, 2007
EXHIBIT “A”
tp
Professional FirefighterdParamedics
of Palm Beach County, Inc.
IAFF Local 2928
2328 South Congress Avenue Suite 2-C
West Palm Beach, Florida 33406-7674
561 -969-0729 Fax: 561 -969-1 059
www.IAFF2928.com
RECUVED
CITY MANAGER'S OFFICE
~ J' .
October 3,2007
Ron Ferris, City Manager
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410-4698
Dear Mr. Ferris:
The Union conducted a ratification vote on Monday October 1 and Tuesday October 2,
2007 for the Addendum to Article 40 - Salaries. This is to advise you that the Addendum
was ratified.
If you have questions or need any additional information you can reach at the above
captioned number.
Sincerely,
Michael Sedgwick
Executive Vice President
MS/j b
Affiliated with the International Association of Fire Fighters, AFL-CIO, CLC
m
Date Prepared: September 17, 2007
Resolution 117,2007
Amendment to the Collective Bargaining Agreement
between
The City of Palm Beach Gardens
and
The Palm Beach County Professional FirefightersParamedics,
Local 2928, IAFF, Inc.
ADDENDUM TO ARTICLE 40 - SALARlES
It is understood and agreed between the parties effective the first pay period after October
1, 2007, the City of Palm Beach Gardens (City) will contribute 1% of payroll to a retiree health
insurance trust fund to be established by the Palm Beach County Professional Firefighters/
Paramedics, Local 2928, IAFF, Inc. (Local 2928). The 1% contribution will be set aside from the
6% salary adjustment due to employees pursuant to Article 40, Section 1, of this Agreement. The
resulting 5% salary adjustment shall be paid as normal pursuant to Article 40, Section 1.
The City shall pay the 1% contribution to the retiree health insurance fund upon creation
of the trust through the adoption of an Agreement and Declaration of Trust and the opening of an
account to which the contribution may be paid. After the initial contribution is paid to the trust
fund, 1% of total payroll shall be contributed in each successive year. It is understood that the
contribution to the trust hnd was negotiated in lieu of a wage increase. In the event of
termination of the trust fund, the 1% wage increase (the amount the employee would have
received October 1, 2007) shall be added to each bargaining unit employee's then current base
annual pay.
Administration of the retiree health insurance trust fund shall be the sole responsibility of
the Board of Trustees charged with such duty pursuant to the Agreement and Declaration of
Trust. Such administration includes the establishment of eligibility criteridrequirements and
benefits to be provided, except that all employees covered by the Agreement must be eligible to
participate in the trust hnd. Accordingly, the City shall not be responsible for any of the
administrative costs of the trust fund.
2
Date Prepared: September 17,2007
Resolution 1 17,2007
IN WITNESS WHEREOF, the parties have executed this Addendum to the Collective
Bargaining Agreement this 1 b: bs, day of p e - & e c ,2007.
CITY OF PALM BEACH GARDENS
- Rodald M. Ferris: qv Manager
- Peter T. Bzel, Fire Chief
Ratified by the City of Palm Beach Gardens
On the- day of ,2007.
Confirmed:
By:
Mayor, City of Palm Beach Gardens
PROFESSIONAL IFIREF'IGHTERS/
PARAMEDICS OF PALM BEACH
COUNTY LOCAL 2928, INC.
By:
By:; Eduardo Mo n, DVP 6
Ratified by the Union on the day of
,2007.
Confirmed:
By:
President, Local 2928
3
Date Prepared: September 17, 2007
Resolution 123, 2007
EXHIBIT “B”
a
MEMORANDUM OF UNDERSTANDING
WITH REGARD TO ARTICLE 16, SECTION 4 INSURANCE BENEFITS
PERTAINING TO A BARGAINING UNIT OF
SWORN C ERTl FI E D P 0 LICE LIE UTE N TA N TS
SUBJECT OF THE COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE CITY OF PALM BEACH GARDENS, FLORIDA AND
THE PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION, INC.
THE CITY OF PALM BEACH GARDENS, FLORIDA (hereinafter
referred to as “the City”) and the PALM BEACH COUNTY POLICE
BENEVOLENT ASSOCIATION, INC. (hereinafter referred to as “the PBA”)
agree that the City is investigating the possibility to establishing the
Voluntary Employees Beneficiary Association (“VEBA”) or health trust fund
subject of Article 16, Section 4 of the Collective Bargaining Agreement
between the City and the PBA.
The City and the PBA agree further:
1. That the City shall provide a wage increase of five percent (5%) for
all bargaining unit members, effective October 1, 2007;
2. That the City shall fund the VEBA or health trust fund entirely by
paying one percent (1%) of all bargaining unit members’ wages,
effective October 1, 2007, into an escrow account until the VEBA or
health trust fund can be established;
3. That in the event the VEBA or health trust fund is not established or
is terminated, the 1% of wages deducted and diverted into the
aforementioned escrow account shall be restored to the bargaining
unit members;
4. That this Memorandum of Understanding shall be retroactive to
October 1, 2007 through and including September 30, 201 0; and,
5. That the Parties have full legal authority to enter into this
Memorandum of Understanding.
WHEREFORE AND IN WITNESS THEREOF, the Parties have caused this
Memorandum of Understanding to be signed by their duly authorized
representatives on the day of October, 2007.
FOR THE CITY
OFPALMBEACHGARDENS POLICE BENEVOLENT
FOR THE PALM BEACH COUNTY
ASS 0 C I AT I 0 N , I N C .
Ron Ferris, City Manager
Joseph Russo, Mayor
2
MEMORANDUM OF UNDERSTANDING
WITH REGARD TO ARTICLE 18, SECTION 4 INSURANCE BENEFITS
PERTAINING TO A BARGAINING UNIT OF
SWORN CERTIFIED POLICE OFFICERS AND SERGEANTS,
AND SUPERVISORS
SUBJECT OF THE COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE CITY OF PALM BEACH GARDENS, FLORIDA AND
THE PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION, INC.
AND NON-SWORN POLICE COMMUNICATIONS OPERATORS
THE CITY OF PALM BEACH GARDENS, FLORIDA (hereinafter
referred to as "the City") and the PALM BEACH COUNTY POLICE
BENEVOLENT ASSOCIATION, INC. (hereinafter referred to as "the PBA")
agree that the City is investigating the possibility to establishing the
Voluntary Employees Beneficiary Association ("VEBA") or health trust fund
subject of Article 18, Section 4 of the Collective Bargaining Agreement
between the City and the PBA.
The City and the PBA agree further:
1. That the City shall provide a wage increase of five percent (5%) for
all bargaining unit members, effective October I , 2007;
2. That the City shall fund the VEBA or health trust fund entirely by
paying one percent (1%) of all bargaining unit members' wages,
effective October 1, 2007, into an escrow account until the VEBA or
health trust fund can be established;
3. That in the event the VEBA or health trust fund is not established or
is terminated, the 1% of wages deducted and diverted into the
aforementioned escrow account shall be restored to the bargaining
unit members;
4. That this Memorandum of Understanding shall be retroactive to
October 1 , 2007 through and including September 30, 201 0; and,
5. That the Parties have full legal authority to enter into this
Memorandum of Understanding.
WHEREFORE AND IN WITNESS THEREOF, the Parties have caused this
Memorandum of Understanding to be signed by their duly authorized
representatives on the day of October, 2007.
FOR THE CITY
OFPALMBEACHGARDENS
fl Ron Ferris, ity Manager
FOR THE PALM BEACH COUNTY
POLICE BENEVOLENT
ASSOCIATION, INC.
Joseph Russo, Mayor @oJeff Odell, PBA Representative
2
October 9, 2007
Mr. Ron Ferris
City Manager
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
HtCtlVtl, CITY MANAGERS OFFICE
Dear Mr. Ferris:
RE: Voluntary Employees Benefit Association (VEBA) Plan
This is in response to the recent discussions at City Council concerning the
VEBA plan for Police and Firefighters.
As you know, the members of the SEN employed with the City of Palm
Beach Gardens are an integral part of your organization. As such, we
believe that we should be included in any and all discussions regarding the
possibility of this benefit being extended to bargaining unit covered workers
employed by the City of Palm Beach Gardens. It is our desire to request
this inclusion on our members' behalf.
You can imagine that this benefit could potentially aid retired SElU
members, similar to the Florida Retirement System as a designated benefit.
This benefit appeals to us as a tax-free post-retirement medical expense
account used by retirees and their eligible dependents to pay for any
eligible medical expenses.
In light of this information, we look forward to discussing this matter with
your ofice and our members as soon as possible. Thanking you in
advance in this matter of mutual concern.
Sincerely,
Ralph Elkins Kevin Ray'
Union Steward
File
Union Steward
’
mnt is the government cht to most citizens, and the
impcrct upn its residents; and
ministered for and by its citkns; and is
and understahding of its my
and employ- ham, the responaibiiitv to
rvices and their benem; and
pkpd by city government in our lives; and
~%?RERBA$, Flea C%y Gbsvernment Week is a vev important Binae to
ortwlitp to spd the word
influace this bmnch of
it6 member cities hwe joined
about mwticl‘jpdf government through a
offers an &portant opportunity to
convey & all ths! citiztm of Florida thut they can shape and in- government
throughtnsircividirurssuement,
Jwh R. Rwo, Mayor of the City of Azlm Beadt
prdaim the Week of October 21 through 27,2007, aa
of the City of Palm Beach
IN WIz1vESS WHERBOP, I ?uaue herahto set my
hand anif’eausd the Sal oftheC&y of Palm kh be ccifp,rced this 18th hY of
MAYOR JOSEPH R. RUm
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: September 13,2007
Meeting Date: October 18,2007
Ordinance 24,2007
SubjecUAgenda Item:
Ordinance 24, 2007: Code Amendment to Section 78-159, Table 21, Amending Chart of
Permitted Uses.
Public Hearing & First Reading: A request by Brian Cheguis of Cotleur and Hearing, Inc. on
behalf of Oppidan, Inc. / KTJ Limited Partnership 167 for approval of a text amendment to Section
78-1 59, Code of Ordinances, Table 21, entitled “Permitted, Conditional and Prohibited Use Chart.”
The applicant requests to include ancillary, boat, watercraft and all-terrain vehicle (ATV) sales as a
major conditional use within the General Commercial (CG- 1) zoning district and to include special
i
provisions for such a use.
[ X ] Recommendation to APPROVE
[ I Recommendation to DENY
1 Reviewed by: I
City Attorney
Development Compliance
Bahareh Wolfs, AICP
NA --
Growth Manage
Administrator &
Kara Irwin, AICP
Originating Dept.:
Growth Management:
Sh Project
Manager
Stephen Mayer
Sr. Planner
[ 3 Quasi-Judicial
[ X 3 Legislative
[ X ] Public Hearing
Advertised:
Date: 10/5/07
Paper: PB Post
[ X ] Required
-
sfected parties:
[ X ] NIA
FINANCE:
n ”&rR : K. Labossde
Fees Paid [ Yes ]
per memo 811 7/07
Costs: $__N/A-
Total
$___NIA-
Current FY
Funding Source:
[ ] Operating
[XI Other NIA
Budget Acct.#:
NA
PZAB Action:
[NIA] Approved
[N/A] App. w/ conditions
[N/A] Denied
[ ] Rec. approval
[ ] Rec. app. w/ conds.
[ ] Rec. Denial
[NIA] Continued
to:
Attachments:
Applicant’s narrative
Ordinance 24. 2007
Date prepared: September 13,2007
Meeting Date: October 18,2007
Ordinance 24,2007
EXECUTIVE SUMMARY
The subject petition is a request to amend City Code Section 78-159, to allow for ancillary boat,
watercraft and All-Terrain Vehicle indoor sales as a Major Conditional Use in the General
Commercial (CG-1) zoning district. On September 11, 2007, the Planning, Zoning, and Appeals
Board voted 7-0 to recommend approval of the subject petition to the City Council. Staff
recommends approval of Ordinance 24,2007.
BACKGROUND
The applicant is requesting an amendment to the Land Development Regulations (LDRs),
specifically to the chart ofpermitted uses in Section 78-1 59, to allow for the sale ofboats, watercraft
and ATV’s as an ancillary component of a principal use permitted in the CG-1 zoning district,
subject to a Major Conditional Use criteria and provisions which require all sales, storage and
display to be completely enclosed and not clearly visible from the exterior. Staff also notes that the
provisions will cap the maximum floor area at 25% of the principal tenant space and no repair or
maintenance is permitted.
Currently, boats, watercraft and ATV sales would be defined as two separate uses in the chart of
permitted uses: Boat and Marine Sales and Motorcycle Sales and Services. Boat and Marine Sales
is defined in the City Code as “an establishment engaged in the sales, rental, repair, maintenance, and
service of watercraft, including power boats, sail boats, and personal watercraft, and the retail sale of
items associated with boating and marine activities,” and is only permitted in the Intensive
Commercial (CG-2) zoning district. Motorcycle Sales and Sewice is defined as “an establishment
engaged in the sale, rental, maintenance, service, and repair of new or used motorcycles,” and is only
permitted in the CG-2 and Light Industrial (M1 A) zoning districts. Staff considers ATV’s more
similar to motorcycles in size and functionality than automobile or motor vehicles and for the
purpose of the analysis contained in the staff report, classified ATV’s as a type of motorcycle.
Staff notes that the amendment to the City Code is concurrent to a Planned Unit Development
(PUD)/ Site Plan application to allow a 120,000 square-foot retail facility, which will be occupied by
a outdoor goods retailer, known as Gander Mountain. In addition to hunting, fishing, camping and
outdoor recreation clothing, accessories and supplies, the retailer offers the sales of boats, Watercraft
and ATV’s.
CITY CODE AMENDMENT
Staff recommends approval of a text amendment in which Section 78-159 is amended to state the
following: (Deletions are W, new language is underlined):
Date prepared: September 13,2007
Meeting Date: October 18,2007
Ordinance 24,2007
Section 78-159, Table 31: Permitted, Conditional and Prohibited Use Chart
RETAIL & COMMERCIAL
Watercraft
and ATV
Ancillary
Boat.
Sales.
* * * * * * *
Section 78-159. Permitted uses, minor and major conditional uses, and prohibited uses.
(j) Additional standards. The following standards apply to specific uses as indicated in the “Note”
column of Table 2 1. *******
13) Boat, Watercraft, and All Terrain Vehicle Sales, Ancillary. The sale of boats, watercraft, and
all-terrain vehicles as an ancillary component of a principal use permitted in the General Commercial
JCG-1) zoning district shall be allowed as a major conditional use. Such ancillary sale of boats,
watercraft and all-terrain vehicles shall comply with the criteria listed below:
a. Sales, displays and storage shall be contained completely within the enclosed, under-air
portion of the building.
b. There shall be no display areas for boats, watercraft and/or all terrain vehicles that are
intended for view and/or clearly visible from the exterior of the building.
c. The maximum floor area that is to be utilized for the sale, storage or display of boats,
watercraft and/or all-terrain vehicles, collectively, shall not exceed twenty-five percent (25%)
of the gross floor area of the tenant space.
For calculation purposes:
1. The area to be counted towards said maximum area shall include the area
immediately surrounding the boats, watercraft and/or all-terrain vehicles;
2. Such areas shall be divided into a maximum of two (2) separate areas within the
tenant space; and
3. Areas designated for the sale of accessories related to boats, watercraft and/or
all-terrain vehicles shall not be counted towards said maximum. Areas desimated for
the sale of such accessories within a use classified as Boat. Watercraft, and All-Terrain
Vehicle Sales, Ancillary, is limited to an ancillary portion of the overall tenant space.
d. No repair or warranty service shall occur on site.
e. The use is prohibited on all properties within 1000 feet of PGA Boulevard.
STAFF ANALYSIS
Justification for the Text Amendment
The City’s Land Development Regulations define the composition and intent of the General
Commercial (CG- 1) and Intensive Commercial (CG-2) zoning districts below:
Sec. 78-147. CG1- General Commercial district.
(a) Composition and intent. The CG-1 general commercial district provides both the
retail goods and services supplied by the neighborhood business districts and the
wider range of retail goods and services required by residents or a group of
neighborhoods. This district is not intended to be suited for outdoor sales activities.
The district shall be primarily oriented to intersections of major thoroughfares within
the City. To protect the abutting and surrounding residential areas, only certain uses
shall be permitted as provided in this article.
Sec. 78-148. CG2 - Intensive Commercial district.
(a) Composition and intent. The CG-2 intensive commercial district is composed of land
and structures occupied by or suitable for intensive commercial uses primarily
oriented to major arterial roadways. These districts permit uses more intensive than
those permitted in neighborhood and general commercial districts and are intended to
serve a larger area. To protect the abutting and surrounding lower density uses,
certain restrictions are placed on uses.
Staff also notes under Section 78-1 47, the general requirements for enclosed activities of retail sales
within the CG-1 zoning district:
(d) General Requirements
(I) Enclosed activities. Sales, display, retail and business activities, and storage
shall be conducted within a completely-enclosed building. Not more than
30% of gross floor shall be utilized for storage of goods and merchandise.
The proposed text amendment is consistent with the intent of the CG-1 zoning district, as the
proposed sale of boats, watercraft, and ATVs as an ancillary component of a primary use will
provide for a wide range of retail goods and services required by residents and/or group of
neighborhoods. The applicant is proposing safeguards that will protect the activity of the ancillary
use from the abutting and surrounding uses.
Date prepared: September 13,2007
Meeting Date: October 18,2007
Ordinance 24,2007
Date prepared: September 13,2007
Meeting Date: October 18,2007
Ordinance 24,2007
The new proposed use category is more compatible with the intent of the CG-1 zoning district than
that of the Intensive Commercial (CG-2) zoning district. Due to the intended use of the CG-1 district
for general retail trade and services, the district is suited for boat sales as an enclosed ancillary use;
however, staff strongly encourages the recommended provisions that will safeguard the
neighborhood retail environment, the PGA Boulevard Corridor, as well as adjacent residential
zoning district. Unlike the more intensive boat and marine sales, which allow outdoor sales and the
repair and maintenance ofboats, the proposed text amendment will permit boat, watercraft and ATV
sales as an ancillary use (enclosed in and attached to a principal retail building in the CG-1 zoning
district) and does not permit repair and maintenance. Staff recommends the maximum floor area for
the sale, storage or display of boats, watercraft and/or ATV’s shall not exceed twenty-five percent
(25%), as it is less than the general requirements for the storage of goods and merchandize in CG-1,
which allows not more than thirty percent (30%) of the gross floor area.
Comparative Analysis
Staff has analyzed several local municipal City Codes in an effort to determine if it is typical to
permit boat sales facilities in general commercial districts. Staff notes in Table 1 (please see below
and on the followingpage) that three municipalities in the area (City of Boca Raton, City of West
Palm Beach, and the Town of Jupiter) and the Palm Beach County Unified Land Development Code
permit boat sales facilities in the corresponding commercial general district. However, the Town of
Jupiter does not permit the use within the Indiantown Road Overlay Zoning District, which functions
similar to our PGA Boulevard Corridor Overlay. Staff notes that the Village of North Palm Beach
and the City of Lake Worth do not permit boat sales in their comparable commercial general
districts. Also, the City of Riviera Beach has created a specific Marine Commercial (CM) zoning
district for boating activities and services.
[This space intentionally left blank]
Date prepared: September 13,2007
Meeting Date: October 18,2007
Ordinance 24,2007
Table 1: Municipality Comparison
, Lakeworth New Boat Sales High Intensity, Commercial HIC-I and HIC-2 is
(HIC- 1 and HIC-2) comparable to the
Citv’s CG-2
Palm Beach County Vehicle Sales &
Rental
Community Commercial Permitted as a
(CC), General Commercial
Light (CG), and Light districts
Industrial (IL)
conditional use in all
West Palm Beach Marine Retail Sales Neighborhood Commercial West Palm Beach
& Services (NC), General Commercial permits boat sales &
service by-right in all
listed districts with no
(CG) and Marine (CM),
Industrial (IND), and
Northwood Road Overlay provisions
District (NROD)
This research indicates that there are various methods in addressing whether boat and marine sales
are permitted in the commercial general zoning district. Staff recommends adopting restrictive
provisions to reduce the visual impacts of the use and in a similar fashion to the Town of Jupiter,
prohibit the use along PGA Boulevard. Staff notes that the proposed provision to allow boat,
watercraft and ATV sales in enclosed buildings is most similar to Boca Raton’s LDRs, which
permits boat sales and repair in their commercial general district as long as the use is within enclosed
buildings. Unlike Boca Raton, staff assures that this LDR amendment will not permit boat repair
and maintenance in the CG- 1 zoning district
Date prepared: September 13,2007
Meeting Date: October 18,2007
Ordinance 24,2007
Consistency with Comprehensive Plan
Future Land Use Element:
Policy 1.1.1.6.: The City shall maintain devmpment regulations which address the location and extent
of non-residential land uses in accordance with the Future Land Use Map and the policies and
descriptions of types, sizes, densities, and intensities of land uses contained in this element.
As noted in the justification for the text amendment, the applicant is proposing a new non-residential
use category that the current Land Development Regulations do not SpeciJcally address in accordance
with a Commercial Land Use designation on the Future Land Use Map.
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.
Staghas utilized soundplanningprinciples to achieve the desired community character and follow the
goals, objectives andpolicies contained in the Comprehensive Plan in the analysis of the proposed text
amendment. StaKfinds that the proposed new use category of boat and ATV sales is appropriately
directed to areas designated as Commercial on the Future Land Use Map, developed with the
recommended provisions of the proposed text amendment.
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.
As noted in the stqfjanalysis, the code amendment creates opportunities to support existing and, future
regional retail services that may in turn. foster new markets, for neighborhood-based service. The text
amendment is specifically addressing the opportunity to senx a local need,jor water related and other
recreational activities. Because the proposed text permits boat and A TVsales as an ancillary use to a
permittedprincipal use in the CG-I zoning district, the intent ofthe zoning district to serve the need of
the community is not altered.
Date prepared: September 13,2007
Meeting Date: October 18,2007
Ordinance 24,2007
PLANNING, ZONING, AND APPEALS BOARD (PZAB) RECOMMENDATION
On September 11,2007, the PZAB voted 7-0 to recommend approval of the subject petition to the
City Council. Staff has included a citywide map to illustrate all of the CG-1 property that is affected by
the proposed text change (please see attached). Staff notes that the CG-1 property is all of the property
colored red on the map.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance 24,2007
JUSTIFICATION FOR LDR TEXT AMENDMENT
Boat, Watercraft and All-Terrain Vehicle Sales, Ancillary
August 9,2007
Request
Cotleur & Hearing, Inc., on behalf of Oppidan, Inc. / KTJ Limited Partnership 167,
(”Applicant”), applicant for Petition PPUD-07-05-000014: Gander Mountain Retail, hereby
respectfully requests an amendment to the City of Palm Beach Gardens (”City”) Land
Development Regulations (”LDRs”) to create a new use category within the LDRs to allow
for the sale of boats, watercraft and all-terrain vehicles as a Major Conditional Use within
the General Commercial (CGI) zoning district only as an ancillary component of a principal
use permitted within the zoning district, subject to certain criteria.
Background
Section 78-159, Table 21 of the LDRs, entitled ”Permitted, Conditional and Prohibited Use
Chart” contains use categories for Bout and Murine Sales, which is permitted only in the
Intensive Commercial District (CG2), and for Motorcycle Sales and Service, which is
permitted in CG2 and the Light Industrial District (MlA).
Boat and Murine Sales is defined in the LDRs as ”an establishment engaged in the sales,
rental, repair, maintenance, and service of watercraft, including power boats, sail boats, and ~-
personal watercraft, and the retail sale of items associated with boating and marine 0 activities.”
Motorcycle Sales and Service is defined as ”an establishment engaged in the sale, rental,
maintenance, service, and repair of new or used motorcycles.” It should be noted that
”motorcycles” is not defined in the LDRs.
Petition PPUD-07-05-000014: Gander Mountain Retail
The Applicant has submitted a Planned Unit Development/Site Plan application to the City
to allow for the construction of a 120,000 square-foot retail facility (”Facility”) on a 13.18-
acre site located within a CGl zoning district. The building will be occupied by a major
outdoor goods retailer known as ”Gander Mountain.”
Gander Mountain is an outdoor goods retailer with numerous store locations throughout 22
states including Minnesota, North Dakota, Texas and more recently Florida. The store
provides a vast array of retail items for hunting, fishing, camping and outdoor recreation.
In addition to clothing and supplies, Gander Mountain offers the sale of boats, watercraft,
and all-terrain vehicles.
LDR Amendment Justification
August 9,2007
Page 2 of 5
Permitted Use Issues e
As part of the development review process for the Facility, it was made known by the
Applicant that it intended to offer the sale of boats, watercraft and all-terrain vehicles as an
ancillary component of the Facility's primary use (the retail sale of items for hunting,
fishing, camping and outdoor recreation). (It is important to note that City stafi has indicated
that the proposed sale of boats and watercraft is classified under the "Boat and Marine Sales" use
category, and the proposed sale of all-terrain vehicles is classified under the "Motorcycle Sales and
Service" use category.) In response, City staff made a determination that the sale of boats,
watercraft and all-terrain vehicles is not permitted within the CG1 zoning district, based on
the fact that Boat and Marine Sales and Motorcycle Sales and Service are not permitted within
said district.
LDR Text Amendment
It is the Applicant's position that such proposed sale of boats, watercraft anG all-terrain
vehicles as an ancillary component of a primary large-scale retail use, does not meet the
definition of Boat and Marine Sales and Motorcycle Sales and Service as defined in the LDRs.
Further, the applicant believes that such use is consistent with the intent and the general
requirements of the CG1 zoning district, as identified in Section 78-147 of the LDRs, entitled
"CGI - General Commercial District" (please see "Justification" section of this document).
Accordingly, the Applicant is hereby proposing a text amendment to the City's LDRs to
allow for the sale of boats, watercraft and all-terrain vehicles as an ancillarv component of a
principal use permitted within the CG1 zoning district, subject to certain criteria, including
a Major Conditional Use approval by the City Council. (It should be noted that said criteria
includes a requirement that all sales, storage and display take place completely within the enclosed,
under-air portion of the building). The Applicant believes that the criteria being proposed will
provide the City with the needed safeguards to ensure that the proposed use maintains
consistency with the intent of the CG1 zoning district.
Prouosed LDR Text Amendment Language
The Applicant is proposing that the following amendment to the text of the City's LDRs
(language to be added is underlined; language to be deleted is ; language
in red are notes only, not to be included in the LDRs):
(The remainder of this page was intentionally left blank.)
LDR Amendment Justification
August 9,2007
Page 3 of 5
Section 78-159, Table 31: Permitted, Conditional and Prohibited Use Chart
Boat.
N/ Watercraft
and ATV Sales. -
Ancillarv
13 - C' -
*******
Section 78-159. Permitted uses, minor and major conditional uses, and prohibited uses.
(j) Additional standards. The following standards apply to specific uses as indicated
in the "Note" column of Table 21.
***e***
(13) Boat, Watercraft, and All Terrain Vehicle Sales, Ancillarv. The sale of boats,
watercraft, and all-terrain vehicles as an ancillary component of a principal use permitted in
the General Commercial (CG1) zoning district shall be allowed as a maior conditional use.
Such ancillarv sale of boats, watercraft and all-terrain vehicles shall complv with the criteria
listed below:
- a. Sales, displays and storage shall be contained completelv within the
enclosed, under-air portion of the buildinv.
- b. There shall be no disulav areas for boats, watercraft and/or all terrain
vehicles that are intended for view and/or clearlv visible from the exterior of
the building.
- c. The maximum floor area that is to be utilized for the sale, storage or
displav of boats, watercraft and/or all-terrain vehicles, collectively, shall not
exceed twenty-five percent (25%) of the gross floor area of the tenant space.
For calculation puruoses:
- 1. The area to be counted towards said maximum area shall include the
area immediatelv surrounding the boats, watercraft and/or all-terrain
vehicles;
- 2. Such areas shall be divided into a maximum of two (2) separate areas
within the tenant space; and
- 3. Areas designated for the sale of accessories related to boats, watercraft
and/or all-terrain vehicles shall not be counted towards said
maximum. (It is important to note that the scope and intensity of any
areas designated for the sale of such accessories within a use classified
as Boat, Watercraft, and All Terrain Vehicle Sales, Ancillary, is limited to
an ancillary portion of the overall tenant space by definition of said
use.
- d. No reuair or warrantv service shall occur on site.
Justification
As previously stated, the Applicant believes that the proposed use, Boat, Watercraft, and All
Terrain Vehicle Sales, Ancillary, is consistent with the intent and the general requirements of
the CG1 zoning district, and not that of the Intensive Commercial (CG2) zoning district.
Section 78-147 of the LDRs entitled ”CG-1--General Commercial District” reads as follows:
”(a) Composition and intent. The CG-1 general commercial district provides both the retail
goods and services supplied by the neighborhood business districts and the wider range
of retail goods and services required by residents or a group of neighborhoods. This
district is not intended to be suited for outdoor sales activities. The district shall be
primarily oriented to intersections of major thoroughfares within the city. To protect the
abutting and surrounding residential areas, only certain uses shall be permitted as
provided in this article.”
*******
(d) General requirements.
(1) Enclosed activities. Sales, display, retail and business activities, and storage
shall be conducted within a completely-enclosed building. Not more than 30
percent of gross floor shall be utilized for storage of goods and merchandise.
(2) Secondhand merchandise. Sale, display, or storage of secondhand
merchandise is not permitted, except as incidental to the sale of new merchandise.
(3) Retail sales. Establishments allowed as permitted or conditional uses shall sell
products only at retail.”
Applicant Comment: The proposed sale of boats, watercraft, and all-terrain vehicles as an
ancillary component of a primary use will provide for a wide range of retail goods and
services required by residents and/or a group of neighborhoods; no outdoor sales activities
are permitted; safeguards are being included in the proposed text to protect the abutting
and surrounding residential areas; all ancillary sales, storage and display of boats,
watercraft and all-terrain vehicles are required to be contained within a completely-
enclosed building; no secondhand merchandise will be permitted; and all products will be
sold only at retail.
LDR Amendment Justification
August 9,2007
Page 4 of 5 0
LDR Amendment Justification
August 9,2007
Page 5 of 5
Section 78-148(a) of the LDRs entitled "CG-2--Intensive Commercial District" reads as
follows:
"(a) Composition and intent. The CG-2 intensive commercial district is composed of land
and structures occupied by or suitable for intensive commercial uses primarily oriented
to major arterial roadways. These districts permit uses more intensive than those
permitted in neighborhood and general commercial districts and are intended to serve a
larger area.. .."
Applicant Comment: Applicant believes that the sale of boats, vehicles and watercraft as an
ancillary component (maximum 25% of gross floor area) of a primary use permitted in the
zoning district, subject the proposed criteria referenced herein including the limitation to
indoor sales only, does not in any way cause the permitted primary use to be considered a
CG-2 use. Thus, the proposed ancillary use is consistent with the CG1 zoning district.
Closins
The Applicant has identified a use that is not specifically addressed in the LDRs. As
justified herein, the text being proposed to be included in the LDRs will clarify the
allowance of the sale of boats, watercraft, and all-terrain vehicles as an ancillary component
of a permitted, primary use within the CGl zoning district and will provide the City the
safeguards it needs to ensure the compatibility of such use with other CG1 uses. The
proposed amendment is well supported and will be a benefit to the City and its residents.
0 m Z rn
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ORDINANCE 24,2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATED TO PERMITTED USES IN
THE GENERAL COMMERCIAL (CGI) ZONING DISTRICT;
“PERMITTED USES, MINOR AND MAJOR CONDITIONAL USES,
AND PROHIBITED USES” TO ALLOW ANCILLARY BOAT,
MAJOR CONDITIONAL USE; PROVIDING FOR CODIFICATION;
AND PROVIDING AN EFFECTIVE DATE.
AMENDING SECTION 78-1 59, CODE OF ORDINANCES, ENTITLED
WATERCRAFT, AND ALL-TERRAIN VEHICLE SALES AS A
WHEREAS, Section 78-159, Code of Ordinances provides a chart of permitted
uses, minor and major conditional uses, and prohibited uses; and
WHEREAS, Section 78-1 59 currently prohibits boat and marine sales and
motorcycle sales and repair in the General Commercial (CGI) zoning district; and
WHEREAS, the City has received a request (LDRA-07-05-000015) from Brian
Cheguis of Cotluer & Hearing, Inc., on behalf of Oppidan, Inc. / KTJ Limited Partnership
167, for approval of a land development regulations amendment to create a new use
category allowing boat, watercraft, and all-terrain vehicle sales as an accessory in the
General Commercial (CGI) zoning district; and
WHEREAS, the Growth Management Department has reviewed the 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, this Land Development Regulations amendment petition (LDRA-07-
05-000015) was reviewed by the Planning, Zoning, and Appeals Board as the duly
constituted Land Development Regulations Commission at a public hearing on
September 11 , 2007, which recommended its approval by a vote of 7-0; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the residents of the City of Palm Beach Gardens.
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.
Date Prepared: August 16, 2007
Date Prepared: August 16, 2007
Ordinance 24. 2007
RETAIL 8 COMMERCIAL
Watercraft,
and ATV
Sales,
Ancillary
Boat,
1 SECTION 2. Section 78-1 59, Code of Ordinances, entitled “Permitted uses,
2 minor and major conditional uses, and prohibited uses” is hereby amended to read as
3 follows (deleted language is ; new language is underlined):
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Sec. 78-159, Table 21: Permitted, Conditional and Prohibited Use Chart
C* - 12.1 -
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*******
Sec. 78-159. Permitted uses, minor and major conditional uses, and prohibited
uses.
(j) Additional standards. The following standards apply to specific uses as indicated in
the “Note” column of Table 21. *******
112.1) Boat, Watercraft, and All-Terrain Vehicle Sales, Ancillarv. The sale of boats,
watercraft, and all-terrain vehicles as an ancillarv component of a principal use
permitted in the General Commercial (CGI) zoning district shall be allowed as a
maior conditional use. Such ancillary sale of boats, watercraft, and all-terrain
vehicles shall complv with the criteria listed below:
a. Sales, displavs and storage shall be contained completely within the
enclosed. under-air portion of the building.
b. There shall be no display areas for boats, watercraft, and/or all-terrain
vehicles that are intended for view and/or clearlv visible from the exterior of
the building.
c. The maximum floor area that is to be utilized for the sale, storage, or display
of boats, watercraft, and/or all-terrain vehicles, collectivelv, shall not exceed
twentv-five percent (25%) of the gross floor area of the principal use.
2
Date Prepared: August 16,2007
Ordinance 24, 2007
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For calculation purposes:
1. The area to be counted towards said maximum area shall include the
area immediately surrounding the boats, watercraft, and/or all-terrain
ve hicles;
2. Such areas shall be divided into a maximum of two (21 separate areas
within the tenant space; and
3. Areas designated for the sale of accessories related to boats,
watercraft, and/or all-terrain vehicles shall not be counted toward the
25% maximum, but shall be limited to an ancillarv portion of the
principal use.
d. No repair or warranty service shall occur on site.
e. The use is prohibited on all properties within 1,000 feet of PGA Boulevard.
SECTION 3. Codification of this Ordinance is hereby authorized and directed.
SECTION 4. This Ordinance shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
3
Date Prepared: August 16, 2007
Ordinance 24, 2007
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PASSED this day of , 2007, upon first reading.
PASSED AND ADOPTED this day of , 2007, upon
second and final reading.
CITY OF PALM BEACH GARDENS FOR
BY:
Joseph R. Russo, Mayor
AGAINST ABSENT
David Levy, Vice Mayor
Eric Jablin, Councilmember
Hal R. Valeche, Councilmember
Jody Barnett, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
G:\attorney-share\ORDINANCES\gander mountain - ord 24 2007.doc
4
,
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: September 4,2007
Meeting Date: October 18,2007
Ordinance 29,2007
SubjedAgenda Item:
Ordinance 29,2007: Code Amendment to Section 78-221 PGA Boulevard Comdor Overlay
Public Hearing and Second Reading: A City-initiated request for approval of a text amendment to
Section 78-22 1, PGA Boulevard Corridor Overlay, Code of Ordinances. This City Code dent
provides for the revision to the list of permitted and prohibited uses within the overlay to specifl that
nightclubs, bars, or lounges are prohibited uses within the overlay.
p] Recommendation to APPROVE
I 1 Recommendation to DENY m Reviewed by:
Christine civAmmq% Tatum, Esq
Development Compliance
NA
Bahareh Keshavam, AICP
Growth Manag
Administrator *
Kara Irwin, AICP
Originating Dept.:
Manager
KaraL.Invin
GrowthManagernent
Administrator
[ ] Quasi-Judicial
[XI Legislative
[ 3 PublicHearing
Advertised:
Date: 09/26/2007
Paper: PBPost
[ ] Not Required
Affected parties:
[ INot~iied
[XI Not Required
FINANCE:
Costa: $-A
Total
$- NIA-
Current FY
Funding Source:
1 loperating
Mother NIA
Budget A&
NA
PZAB Action:
m/A] Approved
PIA] App. wl conditions
@/A] Denied
[ ]Rec.approval
[ ] Rec. app. wIumds.
[ ]Rec.Denial
[NIA] Continued to:
Attachments:
0 Ordinance 18,2004
e ordinance 25,2006
e Section 78-22 1
0 Ordinance 29,2007
Date Prepared: August 4,2006
Meeting Date: October 18,2006
Ordinance 29,2007
BACKGROUND
On July 25,2007, the City’s Planning and Zoning Division forwarded a letter in response to a request
for written confirmation from the City that the proposed primary use of a night club and lounge were
permitted conditional uses within Harbor Shops (the ‘Property’), which lies within the boundaries of
the PGA Boulevard Corridor Overlay (the ‘Overlay’) and is subject to the regulations thereof The
letter prepared by the City stated that the proposed primary use of night club and lounge was not a
use included in the list of permitted uses within the Overlay. City Code Section 78-22l(d)(l)(a)
states, . , .some uses shall be prohibited within the Overlay which might be permitted in other zoning
districts which are not subject to the Overlay.” Furthermore, it has consistently been the City’s policy
that ifa use is not listed under the list of permitted uses for a particular zoning district/overlay, said
use is not permitted within said districtloverlay. Therefore, it was stafPs determination that a night
club and lounge was not a use permitted within the Property.
The property owner appealed the determination by the Planning and Zoning Division that night club,
bar or lounge was a prohibited use within the Overlay because the underlying zoning district of
General Commercial (CG-1) lists night club and lounge as a major conditional use.
On August 14,2007, the Planning, Zoning and Appeals Board overturned the decision ofthe Growth
Management Administrator relative to the prohibition of a nightclub, bar or lounge within the PGA
Corridor Overlay. The decision of the Board that the use was consistent with the terms of the
Overlay, set a precedent that now allows any and all such ‘night club, bar or lounge’ uses to apply for
conditional use approval, and to locate within any property along PGA Boulevard that has a
commercial zoning designation.
Based on the action of the Planning, Zoning, and Appeals Board, the City Council directed staff to
initiate an amendment to the Land Development Regulations to clarify the language and make it clear
that a ‘night club, bar or lounge’ is considered a prohibited use within the PGA Boulevard Overlay.
The subject petition is a City-initiated request to amend Section 78-221, which is entitled the PGA
Boulevard Corridor Overlay. The purpose and intent of this amendment is to clarify the allowable
and prohibited uses that will Mher enhance the unique character of the City’s main street.
PGA OVERLAY
On August 5,1993, the City Council adopted Ordinance 13,1993, which codified a new section in
the Code of Ordinances entitled “PGA Boulevard Planning and Design Guidelines.” The intent of
this City Code Section was to designate PGA Boulevard as the City’s “Main Street” and to establish
design principles to further enhance this corridor. This section also included a list of prohibited and
permitted uses within the PGA Boulevard Corridor Overlay.
Subsequently, the PGA Boulevard Corridor Overlay was amended on March 8, 1996, with the
adoption of Ordinance 2,1996. This ordinance provided for the approval of an amendment to the list
of permitted and prohibited uses within the overlay, to prohibit discount department stores in excess
of 50,000 square feet. Prior to this City Code amendment, all discount, wholesale, and outlet stores
were prohibited regardless of size.
Date Prepared: August 4,2006
Meeting Date October 18,2006
Ordinma 29,2007
Following the first amendment, on July 20,2000, the City adopted Chapter 78- Land Development
Regulations that was prepared by the Duncan & Associates firm. This City Code amendment
provided for revisions to the PGA Boulevard Corridor Overlay section. Included in these revisions,
was a change to the list of permitted and prohibited uses to allow single-entity retails establishments,
if certain criteria were met. Prior to this City Code amendment, single-entity retail establishments
were prohibited within the PGA Boulevard Corridor Overlay.
The third amendment to the PGA Boulevard Corridor Overlay became effective on August 5,2004,
when the City Council adopted Ordinance 18,2004. The purpose for this amendment was that the
previous language in the overlay did not include several use categories, including personal services, in
the list of permitted uses or the list of prohibited uses. It had been the City’s policy that if a use is not
listed as a permitted use, the use is not allowed. Hence, the previous language was proven to be too
restrictive and &cult to interpret by staff and the business community. For this reason, staff
initiated the code amendment to clan@ the language relating to uses within the overlay.
The fourth and most recent amendment provided for the approval of changes to the boundaries ofthe
PGA Boulevard Corridor Overlay, standards for existing approvals, rezoning requirements, and to the
permitted and prohibited uses within the Overlay. It was adopted by City Council on September 20,
2006, through the adoption of Ordinance 25,2006.
The current amendment provides clarification regarding prohibited uses within the Overlay. It also
specifically adds ‘nightclub, bars, or lounge’ as a prohibited use within the PGA Boulevard Overlay.
CITY CODE AMENDMENT
This City Code amendment provides for the approval of changes to the permitted and prohibded uses
within.
Section 78-22 1 is amended to state the following: (Deletions are new language is underlined):
(a) within the PGA Boulevard corridor overlay.
Scope. The planning and design regulations established in this division shall apply to all lands
* * *
(d) Site clevelopment guidelines.
(1) District Uses.
a. Application. The city wishes to continue to preserve and promote the unique
character of the PGA Boulevard corridor, and to this end, some uses shall be prohibited
within the overlay which might be permitted in other zoning districts which are not
subject to the overlay.
Date Prepared: Auguat 4,2006
Meeting Date: October 18,2006
Ordinance 29,2007
b. Permitted and prohibited uses. Those uses permitted, conditionally permitted, and
prohibited within the PGA Boulevard corridor overlay are listed below:
1. Permitted uses shall consist of the following:
(i) Cultural, entertainment, and recreational uses: private club or lodge*; public
park; and theater** (500-seat ma.)
(ii) Once uses: medical or dental office, clinic or supply sales; optician or
optometrist office; and professional and business office.
(iii) Personal services that are not wholesale or discount in nature: banklhancial
institution (drive-thru lanes shall not face PGA Boulevard); banquet
facility*; beauty salon (excluding stand-alone nail salons); catering service*;
commercial marinas (waterfront only); convenience stores with gas sales
and auto service stations that existed prior to September 20,2006 ($&e-ef
photo studio and processing; picture fiaming; studio* (instructional or
professional); and travel agency.
3c 3 14 * 1386)***; day spa; dry cleaning, pick-up and drop-off only);
(iv) Public and institutional facilities: churches and places of worship* *; college
or university, public or private**; governmental uses; hospital, public or
private**; post office**; and schools, public or private**.
(v) Research andlight i&strial uses: laboratory** (general, dental, or medical,
or industrial research and development); minor utilities and accessory uses;
seK-storage**; and passenger and transit stations**.
(vi) Residential uses: hotel; multifamily dwelling; and single-family dwelling.
(vii) Specialty retail uses that are not wholesale or discount in nature:
antique shop; appliance and/or electronics store; art gallery, museum, and/or
studio; bakery; bookstore; bridaVformalwear store; camera and photography
sales and service; candy, nuts, and confectionary sales; card store; clothing
store; department store (specialty or 111 line); drug store (drive-thru lanes
shall not face PGA Boulevard, provided stand-alone drug stores do not
front upon PGA Boulevard); floral or florist shop; fbrniture store; gift shop;
grocery store (specialty); ice cream shop; interior design (including sales);
houseware sales; jewelry store (including repair of jewelry and clocks);
leather goods and luggage store; music and musical instrument sales; news
and magazine sales; office equipment sales; optical retail sales; pottery shop;
restaurant (no drive-thru; no exterior take-out windows); shoe store;
sporting goods sales; telecommunication equipment sales (for personal use
only); tobacco shop; toy store; and video and video game rental and sales.
Date Prepand: Auguet 4,2006
Meeting Datc: October 18,2006
Ordinance 29,2007
* Minor Conditional Use approval required.
** Major Conditional Use approval required.
Note: The conditional use criteria and additional standards for specific uses
established in this Chapter shall apply to the uses established above.
*** A convenience store with gas sales or an auto service station that existed
prior to 25, XMXj September 20.2006, shall be permitted to
expand its size provided the expansion does not result in more than a one percent
traffic impact or an expansion of the existing land area of the site. Further, an
auto service station shall be permitted to change its use to convenience store with
gas sales.
2. A use not listed in &k-+e&m p araaraph 1 but possessing similar
characteristics as defined in Section 78-159 (Q tkm& may be established upon
approval by the growth management director. Appeals to such determinations
shall be made to the planning, zoningand appeals board.
3. The following uses are prohibited:
(i) Any use not listed as a permitted use, minor conditional use. or mjor
conditional use in (1, above.
(ii) Any use not recognized as a similar use as provided in (2) above.
(iii)Any use not listed as a permitted use. minor conditional use. or maior
conditional use in the underlying zoning district.
.. [iv)By example. but without limitation. any ofthe following uses:
& auto, recreational vehicle, truck, and similar vehicle sales, storage,
and repair; wholesale, discount, and outlet stores; seK storage buildings that
directly front upon PGA Boulevard; outdoor self-storage; stores having a
building footprint in excess of 40,000 square feet; single-entity retail
establishments, unless otherwise provided in this division; intense
commercial and industrial activities characteristic of the CG-2 and M-2
districts; mobile home parks; end drive-in facilities unless as an accessory
use to a bank or drug store, ninht clubs. bars and lounges as defined in
Section 78-75 1.
4. This section shall not be construed or held to affect the rights of (1) any
existing established business, its successors, or assigns, to continue in a use or
structure that may otherwise become a legal nonconformity as a result of the
passage of Ordinance 18,2004, Ordinance 25,2006, or Ordinance 27.2007 or (2)
Date Prepared: August 4,2006
Meeting Date October 18,2006
Ordinance 29,2007
any use specifically approved by a development order granted by the City prior to
the effective date of Ordinance 18,2004 tx Ordinance 25,2006 or Ordinance 27,
2007.
PLANNING, ZONING, AND APPEALS BOARD
On September 11, 2007, the Planning, Zoning, and Appeals Board recommended denial of the
petition with a vote of 5-2.
The Planning, Zoning, Appeals Board did not feel that it was appropriate to recommend approval of
an Ordinance that would negate the appeal that was granted by the Board for the Carmine and
Sheila’s Restaurant (d/b/a Noche) to allow the property owner to request a conditional use approval
for a Nightclub, bar or lounge. The Board did not feel that a Night club, bar or lounge should be a
prohibited use within the PGA Boulevard Overlay.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance 29,2007.
Date Prepared: May 26,2004
As Amended at Second Reading: August 5,2004
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ORDINANCE 18,2004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATING TO THE PGA
221, CODE OF ORDINANCES, ENTITLED “PGA BOULEVARD
CORRIDOR OVERLAY” RELATING TO PERMITTED,
CONDITIONAL, AND PROHIBITED USES WITHIN THE OVERLAY;
PROVIDING FOR CODIFICATION; AND PROVIDING AN
EFFECTIVE DATE.
BOULEVARD CORRIDOR OVERLAY; AMENDING SECTION 78-
WHEREAS, the existing language in the City’s Code of Ordinances relating to
permitted and prohibited uses in the PGA Boulevard Corridor has proven to be difficult
to interpret by City staff and others doing business within the City; and
WHEREAS, the City Council has determined that it is necessary to amend said
language so that future problems relating to the interpretation thereof can be eliminated;
and
WHEREAS, the City’s Land Development Regulations Commission reviewed
said amendment to the City’s Land Development Regulations (LDRs) at its May 11,
2004, meeting and recommended its approval by a vote of 7-0; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby amends Section 78-221, Code of
Ordinances, entitled “PGA Boulevard corridor overlay,” to read as follows:
Section 78-221. PGA Boulevard corridor overlay.
***
(b)(4) Waivers. The city shall not grant any waiver which permits the
establishment of a use not authorized by this division. The citv shall not grant
any waiver of intensity which would allow a theater in excess of 500 seats.
***
(d)(l )b. Permitted and prohibited uses. Those uses permitted, conditionallv
permitted, and prohibited within the PGA Boulevard corridor overlay are listed
below:
<
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Date Prepared: May 26,2004
Ordinance 18,2004
As Amended at Second Reading: August 5,2004
1. Permitted uses shall consist of the followinq:
{il Cultural. entertainment, and recreational uses.' Drivate club or lodqe*;
public park: and theater** (500-seat max).
[ii) Office uses: medical or dental office, clinic or supplv sales; optician or
oDtometrist ofice: and professional and business off ice.
liii) Personal services that are not wholesale or discount in nature:
banwfinancial institution (drive-thru lanes shall not face PGA Boulevard);
banquet facilitv*: beautv salon (excludinq stand-alone nail salonsk
caterina sewice*; commercial marinas (waterfront onlv); dav sDa; dry
cleaninq (not frontinq PGA Boulevard; pick-up and drop-off onlv): photo
studio and Drocessinq: picture framinq; studio* (instructional or
professional): and travel aqencv.
(ivl Public and insfifutional facilities: churches and places of worship**;
collene or university. public or private**; governmental uses: hospital,
public or private**: post office**: and schools. public or private**.
(vl Research and lisht industrial uses: laboratory** (general, dental, or
medical. or industrial research and development): minor utilities and
accessorv uses; and Dassenqer and transit stations**.
(vi) Residential uses: hotel; multifamily dwellinq; and sinqle-familv dwellinq.
&ii) Specialty retail uses that are not wholesale or discount in nature: antique
shop: appliance and/or electronics store; art nallerv, museum, and/or
studio; bakerv; bookstore; bridallformalwear store; camera and
photoqraDhv sales and service; candv. nuts, and confectionarv sales;
card store; clothinq store: department store (specialtv or full line): druq
store (no drive-thru); floral or florist shop; furniture store: qift shop;
grocery store (specialtv); ice cream shop; interior desiqn (includinq
sales): houseware sales; jewelry store (includinq repair of iewelrv and
clocks); leather goods and luqqaqe store: music and musical instrument
sales: news and maqazine sales; office equipment sales: optical retail
sales: potterv shop; restaurant (no drive-thru; no exterior take-out
windows); shoe store: sportinq qoods sales; telecommunication
equipment sales (for personal use onlv); tobacco shop: tov store: and
video and video qame rental and sales.
* Minor Conditional Use approval required.
** Maior Conditional Use approval required
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Date Prepared: May 26,2004
Ordinance 18,2004
As Amended at Second Reading: August 5,2004
Note: The conditional use criteria and additional standards for specific
uses established in this Chapter shall applv to the uses established above.
2. A use not listed in this section but possessina similar characteristics thereto
mav be established won amroval bv the arowth manaaement director.
Aweals to such determinations shall be made to the Dlanninn. zonina and
ameals board.
- 3.2, Prohibited uses shall consist of those prohibited uses in the underlving
zoninq district, as well as auto, recreational vehicle, truck, and similar vehicle
sales, storage, and repair; wholesale, discount, sektaqe and outlet stores m; self storage; stores havinn a building footprint in
excess of 40,000 &QW square feet; single-entity retail establishments,
unless otherwise provided in this division; intense commercial and industrial
activities characteristic of the CG-2 and M-2 districts; mobile home parks; and
drive-in facilities unless as an accessory use to a bank.
4. This section shall not be construed or held to affect the riqhts of (1) any
existinq established business, its successors, or assians, to continue in a use
or structure that may otherwise become a legal nonconformitv as a result of
the passaae of Ordinance 18. 2004 or (2) any use specificallv approved bv a
development order granted by the Citv prior to the effective date of Ordinance
18.2004.
(dm )c. ' Single-entity retail users. Single-entity retail
users mam6A Boulevard corridor overlay, subject to the
requirements of this division and the additional requirements listed below.
***
2. If located within a larger development, the single-entity retail building shall be
intearated into the overall site plan for the parcel and shall be designed and
constructed in a manner that reflects the same architectural style, color,
materials, and treatments of the other buildings within the parcel.
*t*
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Date Prepared: May 26,2004
Ordinance 18,2004
- As Amended at Second Reading: August 5,2004
4. The building within which the single-entity retail use is located shall not have
a buildina footprint in excess of 40,000 EMXWWXW , square feet.
SECTION 3. Codification of this Ordinance is hereby authorized and directed.
SECTION 4. This Ordinance shall become effective immediately upon adoption,
except that the provisions of Section 78-221 (b)(l )b establishing minor conditional uses
shall become effective upon the effective date of Ordinance 18, 2004.
PASSED this Is day of Td W
PASSED AND ADOPTED this 5"+ day of f%!
,2004, upon first reading.
,2004, upon second
and final reading.
GARDENS
Joseph Russo, Vice Mayor
David Levy, Councilmember
ATTEST: -
BY:
Patricia Snider, CitytIerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Fhristine P. Tatum, City Attorney
FOR
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AGAINST ABSENT
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G:bttomey-share\ORDINANCES\pga blvd corr overlay use regulations - ord 18 2004-as amended at second reading.doc
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Date Prepared: June 7,2006
As Amended at First Reading: September 6,2006
ORDINANCE 25,2006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
ENTITLED “PGA BOULEVARD CORRIDOR OVERLAY” OF THE
CITY CODE OF ORDINANCES; PROVIDING FOR CODIFICATION;
AND PROVIDING AN EFFECTIVE DATE.
BEACH GARDENS, FLORIDA AMENDING SECTION 78-221,
WHEREAS, the City Council adopted Chapter 78 “Land Development Regulations”
of the City Code of Ordinances, which includes Section 78-221, entitled “PGA Boulevard
Corridor Overlay,” on July 20,2000, with the adoption of Ordinance 17, 2000; and
WHEREAS, PGA Boulevard is defined as the City’s “Main Street” in Policy 1.1.6.5
of the City’s Comprehensive Plan and therefore is of special interest and concern to the
City; and
WHEREAS, Section 78-221 provides for the regulation of uses within the overlay
and the boundaries thereof; and
WHEREAS, the City Council has determined that it is necessary to amend Section
78-221 to provide for revisions to the list of permitted and prohibited uses within the
overlay, site development guidelines, and the boundaries thereof; and
WHEREAS, this Land Development Regulations amendment petition (LDR-03-06)
was reviewed by the Planning, Zoning, and Appeals Board as the duly constituted Land
Development Regulations Commission at a public hearing on August 8, 2006, which
recommended its approval by a vote of 6-1 ; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
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. Section 78-221, entitled “PGA Boulevard Corridor Overlay” of the
Code of Ordinances of the City of Palm Beach Gardens is hereby amended to read as
follows (deleted language is ; new language is underlined):
Date Prepared: June 7.2006
Ordinance 25.2006
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Sec. 78-221. PGA Boulevard Corridor Overlay.
Scope. The planning and design regulations established in this division shall apply
to all lands within the PGA Boulevard corridor overlay.
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Applicability and Effects.
Applicability.
a. Standards. The standards contained in this division shall apply to all property
which fronts upon or is considered by the city to be functionally oriented to
PGA Boulevard. These standards may apply regardless of whether or not a
property is primarily accessed via PGA Boulevard or where property may not
be accessible via PGA Boulevard.
b. Existing approvals. While existing development and approvals granted prior
to August 18, 1994, are not required to comply with the standards of this
division, any maior amendments to previous approvals, or any redevelopment
rin\mlnnnrlshall conform with these regulations.
c. Affect on nonconformities. Nonconforming buildings, lots, or uses shall be
subject to the provisions of the overlay should they seek any expansion or
modification, or should they suffer damage in excess of 50 percent of their
appraised value.
Boundaries. The PGA Boulevard corridor overlay consists of those lands fronting
or abutting PGA Boulevard, including access drives, for a depth of 1,000 feet from
the edge of right-of-way, within the city limits. If a PUD fronts or abuts PGA
Boulevard and any portion is within 1,000 feet from the edqe of riaht-of-wav, then
all parcels within said PUD shall be included in the overlay resardless of property
depth. All non-residential components of a PCD that front or abut PGA Boulevard
shall be included within the boundaries of the PGA Boulevard Corridor Overlay
regardless of the depth of the parcel.
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Oate Prepared: June 7,2006
Ordinance 25,2006
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Site development guidelines.
District Uses.
a. Application. The city wishes to continue to preserve and promote the unique
character of PGA Boulevard corridor, and to this end, some uses shall be
prohibited within the overlay which might be permitted in other zoning districts
which are not subject to the overlay.
b. Permitted and prohibited uses. Those uses permitted, conditionally permitted,
and prohibited within the PGA Boulevard corridor overlay are listed below:
1. Permitted uses shall consist of the following:
(i) Cultural, entertainment, and recreational uses: private club or
lodge*; public park; and theater** (500-seat max).
(ii) Office uses: medical or dental office, clinic or supply sales; optician
or optometrist office; and professional and business office.
(iii) Personal services that are not wholesale or discount in nature:
banklfinancial institution (drive-thru lanes shall not face PGA
Boulevard); banquet facility*; beauty salon (excluding stand-alone
nail salons); catering service*; commercial marinas (waterfront
only); convenience stores with qas sales and auto service stations
that existed prior to (date of Ordinance 25, 2006Y**; day spa; dry
cleaning (v ; pick-up and drop-off only);
photo studio and processing; picture framing; studio* (instructional
or professional); and travel agency.
(iv) Public and institutional facilities: churches and places of worship**;
college or university, public or private**; governmental uses;
hospital, public or private**; post office**; and schools, public or
private**.
(v) Research and light industrial uses: laboratory** (general, dental, or
medical, or industrial research and development); minor utilities and
accessory uses; self-storaqe**; and passenger and transit
stations**.
(vi) Residential uses: hotel; multifamily dwelling; and single-family
dwelling.
(vii) Specialty retail uses that are not wholesale or discount in nature:
antique shop; appliance and/or electronics store; art gallery,
museum, and/or studio; bakery; bookstore; bridaVforma1wear store;
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Date Prepared: June 7,2006
Ordinance 25.2006
camera and photography sales and service; candy, nuts, and
confectionary sales; card store; clothing store; department store
(specialty or full line); drug store (drive-thru lanes shall not face
PGA Boulevard @e&wMw@, P rovided stand-alone drua stores do
not front upon PGA Boulevard; floral or florist shop; furniture store;
gift shop; grocery store (specialty); ice cream shop; interior design
(including sales); houseware sales; jewelry store (including repair of
jewelry and clocks); leather goods and luggage store; music and
musical instrument sales; news and magazine sales; office
equipment sales; optical retail sales; pottery shop; restaurant (no
drive-thru; no exterior take-out windows); shoe store; sporting
goods sales; telecommunication equipment sales (for personal use
only); tobacco shop; toy store; and video and video game rental and
sales.
* Minor Conditional Use approval required.
** Major Conditional Use approval required.
Note: The conditional use criteria and additional standards for specific
uses established in this Chapter shall apply to the uses established
above.
*** A convenience store with gas sales or an auto service station that
existed prior to (date of Ordinance 25, 2006) shall be permitted to
expand its size provided the expansion does not result in more than a
1% traffic impact or an expansion of the existing land area of the site.
Further, an auto service station shall be permitted to change its use to
convenience store with qas sales.
2. A use not listed in this section but possessing similar characteristics
thereto may be established upon approval by the growth management
director. Appeals to such determinations shall be made to the
planning, zoning, and appeals board.
3. Prohibited uses shall consist of those prohibited uses in the underlying
zoning district, as well as auto, recreational vehicle, truck, and similar
vehicle sales, storage, and repair; wholesale, discount, and outlet
stores; self storage buildinas that directlv front upon PGA Boulevard;
outdoor self-storaae; stores having a building footprint in excess of
40,000 square feet; single-entity retail establishments, unless otherwise
provided in this division; intense commercial and industrial activities
characteristic of the CG-2 and M-2 districts; mobile home parks; and
drive-in facilities unless as an accessory use to a bank or druq store.
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Date Prepared: June 7,2006
Ordinance 25,2006
4. This section shall not be construed or held to affect the rights of (1) any
existing established business, its successors, or assigns, to continue in
a use or structure that may otherwise become a legal nonconformity as
a result of the passage of Ordinance 18, 2004, Ordinance 25, 2006, or
any use specifically approved by a development order granted by the
City prior to the effective date of Ordinance 18, 2004 or Ordinance 25,
2006.
* * *
Special front setback requirements.
a. Consistent with subsection (c) herein, all lands west of Prosperity Farms Road
having frontage on PGA Boulevard shall be subject to the special front
setback requirements listed below.
1. Structures w andpaved areas for motor vehicles, other than for ingress
and egress, shall not be installed or constructed within 55 feet of the road
right-of-way or future expanded right-of-way, whichever is greater. This
requirement may be varied by the City Council to allow for art in public
places, transit stops, and pedestrian amenities such as meandering
sidewalks, kiosks, or signage within the setback, and outdoor seatinq
with or without service for restaurants. Outdoor seatinq for restaurants
shall be located north of the public sidewalk on the north side of PGA
Boulevard and south of the public sidewalk on the south side of PGA
Boulevard. At no time shall outdoor seatinq for restaurants encumber the
public sidewalk.
* * *
(e) Rezonings. Every property owner seeking a development order within the PGA
Boulevard corridor overlay shall rezone the property to a PUD or PCD overlay
zoning district. Property owners of existing developments shall undertake this
rezoning at the time a maior amendment FW&#K&M of an existing approval,
time extension, or maior site plan amendmenti is
initiated or after suffering damage in excess of 50 percent of the appraised
value. Uses permitted within the PUD or PCD shall conform with the
comprehensive plan land use category, the underlying zoning district, and any
development order approved by the city council where not in conflict with the
provisions of this overlay.
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Date Prepared: June 7,2006
Ordinance 25.2006
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SECTION 3. Codification of this Ordinance is hereby authorized and directed.
SECTION 4. This Ordinance shall become effective immediately upon adoption.
PASSED AND ADOPTED this a* day of sp1prcr~\&t, 2006, upon second
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APPROVED AS TO FORM AND
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45 46 GAattorney-share\ORDlNANCE.S~ga blvd corridor overlay - ord 25 2006.doc
ABSENT
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DIVISION 2. PGA BOULEVARD CORRIDOR OVERLAY Page 1 of 11
DIVISION 2. PGA BOULEVARD CORRIDOR OVERLAY
Sec. 78-221. PGA Boulevard corridor overlay.
(a) Scope. The planning and design regulations established in this division shall apply to all
lands within the PGA Boulevard corridor overlay.
(b) Purpose and intent. The purpose and intent of this division is provided below.
(1) Main Street character. The character, magnitude, aesthetics, and uses to be
developed or redeveloped on PGA Boulevard are of special interest to the city because
it is the city's "Main Street." Accordingly, the purpose and intent of this division is to
implement policies regarding the PGA Boulevard corridor as recognized by the city's
comprehensive plan. Policy 1 .I .6.5 of the city's comprehensive plan states that PGA
Boulevard shall be developed using the techniques indicated below.
a. Following completion of the PGA BoulevardlAlternate AI A urban
interchange, a new CRALLS (Constrained Road way at a Lower Level of
Service) level of service standard for PGA Boulevard shall be determined in
coordination with the county, the regional planning council and the state
department of transportation, with the maximum number of lanes being six.
b. The city shall maintain the PGA design guidelines as regulations which
require utilization of landscaping, boulevard strips, pedestrian walkways,
bikeways, buffers, and setbacks to emphasize the various functions of PGA
Boulevard as a divider of different land uses and as a center of the city.
(2) Planning and design guidelines. The city seeks to encourage the development of
specific commercial retail and office uses along PGA Boulevard because it is the city's
"Main Street." Because the PGA Boulevard corridor acts as a divider between land uses,
it is necessary that the city ensure that adequate buffering is provided along this corridor
in a consistent manner. In recognition of the city's desire to create special character and
aesthetics for this corridor, planning and design guidelines and particular uses are
established for the PGA Boulevard corridor. The planning and design guidelines are
intended to achieve the objectives listed below.
a. Create a special identity for PGA Boulevard through the use of planning and
design standards.
b. Ensure high quality, architecturally compatible, consistently landscaped
development along the corridor
c. Regulate uses within the corridor which will create a specific character and
aesthetic quality for the corridor.
d. Ensure that new development or redevelopment projects preserve and
enhance the existing visual character of the corridor.
e. Promote and protect the health, safety and general welfare of the city.
(3) Use regulations. The use regulations in this division are intended to create an urban
environment that displays the highest quality private and public-sector development.
Further, innovative and alternative provisions which lend a sense of integration and
connection to the properties along the corridor shall be encouraged.
(4) Waivers. The city shall not grant any waiver which permits the establishment of a
use not authorized by this division. The city shall not grant any waiver of intensity which
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DIVISION 2. PGA BOULEVARD CORRIDOR OVERLAY
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Page 2 of 11
would allow a theater in excess of 500 seats.
(c) Applicability and effects.
(1) Applicability.
a. Standards. The standards contained in this division shall apply to all property
which fronts upon or is considered by the city to be functionally oriented to PGA
Boulevard. These standards may apply regardless of whether or not a property is
primarily accessed via PGA Boulevard or where property may not be accessible
via PGA Boulevard.
b. Existing approvals. While existing development and approvals granted prior
to August 18, 1994, are not required to comply with the standards of this division,
any major amendments to previous approvals, or any redevelopment shall
conform with these regulations.
c. Affect on nonconformities. Nonconforming buildings, lots, or uses shall be
subject to the provisions of the overlay should they seek any expansion or
modification, or should they suffer damage in excess of 50 percent of their
appraised value.
(2) Boundaries. The PGA Boulevard corridor overlay consists of those lands fronting or
abutting PGA Boulevard, including access drives, for a depth of 1,000 feet from the edge
of right-of-way, within the city limits. If a PUD fronts or abuts PGA Boulevard and any
portion is within 1,000 feet from the edge of right-of-way, then all parcels within said
PUD shall be included in the overlay regardless of property depth. All non-residential
components of a PCD that front or abut PGA Boulevard shall be included within the
boundaries of the PGA Boulevard Corridor Overlay regardless of the depth of the parcel.
(3) Conflicts. To the extent that any conflicts occur between the standards of the
overlay and this chapter or other regulations, the provisions of the overlay shall prevail.
Additionally, where provisions of this overlay are not in conflict with other regulations,
that which is more strict shall prevail.
(d) Site development guidelines.
(1) District uses.
a. Application. The city wishes to continue to preserve and promote the unique
character of the PGA Boulevard corridor, and to this end some uses shall be
prohibited within the overlay which might be permitted in other zoning districts
which are not subject to the overlay.
b. Permitted and prohibited uses. Those uses permitted, conditionally permitted,
and prohibited within the PGA Boulevard corridor overlay are listed below:
1. Permitted uses shall consist of the following:
(i) Cultural, entertainment, and recreational uses: private club or
lodge*; public park; and theater** (500-seat max.)
(ii) Office uses : medical or dental office, clinic or supply sales;
optician or optometrist office; and professional and business
office.
(iii) Personal services that are not wholesale or discount in
nature : bank/financial institution (drive-thru lanes shall not face
PGA Boulevard); banquet facility*; beauty salon (excluding stand-
alone nail salons); catering service*; commercial marinas
(waterfront only); convenience stores with gas sales and auto
service stations that existed prior to (date of Ordinance 25, 2006)
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DIVISION 2. PGA BOULEVARD CORRIDOR OVERLAY Page 3 of 11
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***; day spa; dry cleaning (pick-up and drop-off only); photo studio
and processing; picture framing; studio* (instructional or
professional); and travel agency.
(iv) Public and institutional facilities : churches and places of
worship**; college or university, public or private**; governmental
uses; hospital, public or private**; post office**; and schools,
public or private**.
(v) Research and light industrial uses: laboratory** (general,
dental, or medical, or industrial research and development); minor
utilities and accessory uses; self-storage**; and passenger and
transit stations**.
(vi) Residential uses : hotel; multifamily dwelling; and single-
family dwelling.
(vii) Specialty retail uses that are not wholesale or discount in
nature : antique shop; appliance and/or electronics store; art
gallery, museum, and/or studio; bakery; bookstore;
bridaVformalwear store; camera and photography sales and
service; candy, nuts, and confectionary sales; card store; clothing
store; department store (specialty or full line); drug store (drive-
thru lanes shall not face PGA Boulevard, provided stand-alone
drug stores do not front upon PGA Boulevard; floral or florist shop;
furniture store; gift shop; grocery store (specialty); ice cream shop;
interiordesign (including sales); houseware sales; jewelry store
(including repair of jewelry and clocks); leather goods and luggage
store; music and musical instrument sales; news and magazine
sales; office equipment sales; optical retail sales; pottery shop;
restaurant (no drive-thru; no exterior take-out windows); shoe
store; sporting goods sales; telecommunication equipment sales
(for personal use only); tobacco shop; toy store; and video and
video game rental and sales.
* Minor Conditional Use approval required.
** Major Conditional Use approval required.
Note: The conditional use criteria and additional standards for
specific uses established in this Chapter shall apply to the uses
established above.
*** A convenience store with gas sales or an auto service station
that existed prior to (date of Ordinance 25, 2006) shall be
permitted to expand its size provided the expansion does not
result in more than a one percent traffic impact or an expansion of
the existing land area of the site. Further, an auto service station
shall be permitted to change its use to convenience store with gas
sales.
2. A use not listed in this section but possessing similar characteristics
thereto may be established upon approval by the growth management
director. Appeals to such determinations shall be made to the planning,
zoning and appeals board.
3. Prohibited uses shall consist of those prohibited uses in the
underlying zoning district, as well as auto, recreational vehicle, truck, and
similar vehicle sales, storage, and repair; wholesale, discount, and outlet
stores; self storage buildings that directly front upon PGA Boulevard;
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DIVISION 2. PGA BOULEVARD CORRIDOR OVERLAY Page 4 of 11
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outdoor self-storage; stores having a building footprint in excess of
40,000 square feet; single-entity retail establishments, unless otherwise
provided in this division; intense commercial and industrial activities
characteristic of the CG-2 and M-2 districts; mobile home parks; and
drive-in facilities unless as an accessory use to a bank or drug store.
4. This section shall not be construed or held to affect the rights of (1)
any existing established business, its successors, or assigns, to continue
in a use or structure that may otherwise become a legal nonconformity as
a result of the passage of Ordinance 18, 2004, Ordinance 25, 2006, or
any use specifically approved by a development order granted by the City
prior to the effective date of Ordinance 18, 2004 or Ordinance 25, 2006.
c. Single-entity retail users. Single-entity retail users may be permitted in the
PGA Boulevard corridor overlay, subject to the requirements of this division and
the additional requirements listed below.
1. The building within which the single-entity retail use is proposed to be
located, and the exact nature of the use, shall be approved by the city
co u n ci I.
2. If located within a larger development, the single-entity retail building
shall be integrated into the overall site plan for the parcel and shall be
designed and constructed in a manner that reflects the same architectural
style, color, materials, and treatments of the other buildings within the
parcel.
3. If planned, located, and approved as a freestanding building on a
separate parcel, a single entity retail building shall be designed in a
manner that is consistent with the following standards:
(i) The building shall be designed to appear as a structure
containing multiple tenants or users;
(ii) The design is compatible with the objectives of the PGA
Boulevard corridor overlay;
(iii) The design is consistent with the architectural style of
adjacent bui Id i ng s ;
(iv) The design enhances the appearance of the entire PGA
Boulevard corridor:
(v) The design provides great visual interest through such
techniques as multiple roof lines, architectural details, use of
pedestrian amenities, use of exterior facade treatments, and
similar elements which avoid the creation of monolithic structures;
(vi) The design of the structure provides open space,
landscaping, and similar amenities of a nature and extent that
greatly exceeds the requirements of this chapter; and
(vii) The design provides architectural treatments on all sides of a
structure, and screens or buffers all facilities such as loading
zones, mechanical equipment, and trash and garbage containers.
4. The building within which the single-entity retail use is located shall
not have a building footprint in excess of 40,000 square feet.
5. If located within a larger development, a single-entity retail building
shall, at a minimum, share the following elements with all other buildings
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DIVISION 2. PGA BOULEVARD CORRIDOR OVERLAY Page 5 of 11
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located within the same development:
(i) Common adherence to all conditions of development approval
adopted by the city;
(ii) Shared use of common areas;
(iii) Shared use of pedestrian and vehicular circulation facilities;
(iv) Shared use of all parking facilities and cross access with all
vehicular use areas; and
(v) Shared maintenance responsibilities for all common areas.
d. Site development. Site development regulations shall incorporate design
criteria required by section 78-48 of this chapter to enhance and protect the
health, safety and general welfare of the city.
e. Nonresidential development. Nonresidential development shall blend into the
landscape, deferring to open spaces, existing natural features and vegetation.
f. Commercial strip development discouraged. Minimum lot sizes and limited
access drives shall be used to reduce the potential for commercial strip
development. Neighboring properties are encouraged to link their parking lots
together and to share common driveways.
g. Pedestrian amenities. Uses shall contribute to pedestrian-friendly focal
spaces through the provision of well-designed walking paths, pedestrian spaces
with furnishings, public art, generous plantings, marked crosswalks, and
vehicular parking and circulation areas clearly separated from such pedestrian
amenities.
(2) Special regulations. The city comprehensive plan, including policies 1.1 5.1--1 .I .5A,
establish special regulations to guide the growth, development and redevelopment of the
city. These regulations, pertaining to minimum size, gross density, and rezoning
requirements, apply to properties within the PGA Boulevard corridor overlay.
Development shall only be permitted within the overlay consistent with the objectives
and policies of the comprehensive plan.
(3) Parkway. The portion of PGA Boulevard located between Central Boulevard and the
Beeline Highway has been designated a parkway in the comprehensive plan and on the
future land use map. The PGA Boulevard parkway shall have a minimum right-of-
wayleasement requirement of 400 feet. This right-of-wayleasement shall be reserved by
the abutting landowner or dedicated to the city within the overlay district. Within this
right-of-way/easement sidewalks and pathways shall be provided. These pedestrian and
bike facilities shall be provided as components of the city's linkage plan, as described in
section 78-231.
(4) Special front setback requirements.
a. Consistent with subsection (c) herein, all lands west of Prosperity Farms
Road having frontage on PGA Boulevard shall be subject to the special front
setback requirements listed below.
1. Structures and paved areas for motor vehicles, other than for ingress
and egress, shall not be installed or constructed within 55 feet of the road
right-of-way or future expanded right-of-way, whichever is greater. This
requirement may be varied by the city council to allow for art in public
places, transit stops, pedestrian amenities such as meandering
sidewalks, kiosks, or signage within the setback, and outdoor seating with
or without service for restaurants. Outdoor seating for restaurants shall be
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DIVISION 2. PGA BOULEVARD CORRIDOR OVERLAY
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located north of the public sidewalk on the north side of PGA Boulevard
and south of the public sidewalk on the south side of PGA Boulevard. At
no time shall outdoor seating for restaurants encumber the public
sidewalk.
2. The entire area within the required front setback shall be fully grassed
and landscaped consistent with the requirements of division 7 of article V.
3. Within the 400-foot parkway portion of the corridor, if a greenbelt area
at least 55 feet in width is provided, the %-foot special setback shall not
(e) Rezonings. Every property owner seeking a development order within the PGA Boulevard
corridor overlay shall rezone the property to a PUD or PCD overlay zoning district. Property
owners of existing developments shall undertake this rezoning at the time a major amendment
of an existing approval, time extension, or major site plan amendment is initiated or after
suffering damage in excess of 50 percent of the appraised value. Uses permitted within the
PUD or PCD shall conform with the comprehensive plan land use category, the underlying
zoning district, and any development order approved by the city council where not in conflict
with the provisions of this overlay.
(f) Boulevard landscape theme and parkway guidelines.
apply-
(1) Tree preservation.
a. Vegetation preservation. In an effort to preserve expansive open spaces and
native vegetative communities, development shall be clustered to preserve large
areas of open space and the existing natural vegetation shall be preserved
whenever possible, except invasive exotic plant species.
b. Infrastructure design. Infrastructure design shall integrate existing trees,
understory vegetation, and the natural character of the land. During construction,
existing natural vegetation shall be protected by the developer's implementation
of best management practices consistent with divisions 4 and 7 of article V.
Drainage or elevation changes occurring during infrastructure installation shall
not adversely impact tree preservation. The greenbelt of the PGA Boulevard
corridor can be a relocation site for trees and other plants being moved from
adjacent development. After construction, emphasis shall be placed on the
replacement of dead and unhealthy trees and plants to ensure in perpetuity that
a substantial tree canopy remains.
c. Tree credits. Trees which have been preserved within the PGA Boulevard
corridor shall not be credited toward meeting the city's environmental
preservation requirements unless approved for credit by the growth management
director, consistent with the standards of section 78-250. Retention and detention
drainage and stormwater control facilities shall not be located within the
landscape/buffer areas of the PGA Boulevard corridor. Existing natural
vegetation shall be maintained or managed with the same standards set for new
landscaping. The requirement of 100 percent irrigation may be waived by the city
council within large clusters or stands of natural vegetation where it can be
demonstrated that such coverage is not necessary. There shall be no
construction within native vegetation areas without the city's express approval.
(9) Landscaping theme.
(1) Installation and maintenance. Landscaping shall be installed and maintained
consistent with division 7 of article V and the general guidelines in the city's "Landscape
Work Manual."
(2) Materials. Landscaping within the greenbelt shall be free form design using the
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DIVISION 2. PGA BOULEVARD CORRIDOR OVERLAY Page 7 of 11
following plant list: live oak, slash pine, saw palmetto, wax myrtle, sabal palm, common
grasses, and other materials approved by the department.
(3) Design. Free form design means new trees and shrubs should duplicate natural
patterns with multiple plant sizes, spacing, plant clusters, and single plantings. Grass
shall be planted in all open areas. Mulch shall be used around all trees and plants. The
greenbelt shall have undulating berms, located generally along rights-of-way. Windows
or voids in the landscaping, if not in excess of 60 feet, are acceptable for scenic views of
lakes, art in public places, or signage. Nonmountable curbs shall be used to ensure the
installation and preservation of landscape materials by separating landscape materials
from roads or vehicular circulation areas.
(4) Materials and installation. All trees, plants and any other associated landscape or
outdoor material shall be of Florida No. 1, or better, as classified by the Florida
Department of Agriculture and Consumer Services. All new landscaping shall be 100
percent irrigated. The water source for irrigation shall be approved by the city prior to
installation. All backflow preventers, electrical boxes, lift stations and any other utility
structure shall be screened with landscaping. Intersections, entrances, and building
frontage can be enhanced with additional landscaping not listed in this subsection with
site plan approval.
(5) Pathways and sidewalks. Multiuse pathways and sidewalks shall meander around
vegetation and berms throughout the greenbelt. However, sidewalks shall be setback at
least ten feet from the exterior edge of curbing or paving, as determined by the growth
management director. Nature trails may connect to the sidewalks. Pathways shall be
illuminated pursuant to specifications approved during site plan approval. All
landscaping, irrigation, berms, sidewalks, and lighting within road rights-of-way shall be
approvedby the appropriate jurisdiction.
(6) Maintenance. The responsibility for and cost of maintenance of the greenbelt,
including right-of-way and medians, and buffer areas, shall be the responsibility of the
fronting property owner unless otherwise determined prior to site plan approval.
(7) Corridor landscaping theme. The conceptual landscaping theme is illustrated in
Figure 2. Additional intersectionlentrance landscaping, which is required consistent with
division 7 of article V, also shall be installed.
GRAPHIC LINK:Fiaure 2
(8) Berms. Berming and mounding of the site shall utilize long and gentle slopes. As a rule, the higher the berm, the gentler the slope shall be. Berms five feet or less in height
shall have a maximum slope of 2:l. Berms greater that five feet in height shall not
exceed 3:l in slope.
(9) Fences and walls. Fences and walls shall not be visible from any public rights-of-
way. All fences and walls shall be screened with vegetation from public view.
(IO) Buffer areas between uses. Buffers shall be provided between uses consistent
with requirements of this chapter. Natural vegetation and environmentally sensitive
preserve areas, where appropriate, are encouraged to be utilized as buffers between
uses.
(1 1 ) Parkway and boulevard greenbelt.
a. Vegetation protection. Within parkway rights-of-way or easements,
preservation of all significant vegetation, wetlands, and wildlife habitat shall be
encouraged. The parkway rights-of-way or easements shall serve the functions
noted below.
1. Preservation of significant native ecological communities.
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DIVISION 2. PGA BOULEVARD CORRIDOR OVERLAY Page 8 of 11
2. Location of bicycle and pedestrian circulation paths.
3. Mitigation areas for natural areas disturbed elsewhere.
4. Buffering of adjacent land uses and developments.
b. Design concepts. Consistent with comprehensive plan policy 1 .I .6.5 and the
corridor concept, a boulevard greenbelt including median landscaping shall be
provided to produce the feeling of masses of trees forming green arbors
interrupted by occasional views to open spaces and environmentally sensitive
lands. As a general design principle, the density of vegetation should increase
with the density of development. Priority should be given to retaining existing
natural resources and mature trees.
c. Perimeter landscaping. Landscaping along the parcel perimeter and major
road edges shall be installed consistent with the provisions of division 7 of article
V. Interruptions in perimeter landscaping shall be permitted only by access
driveways and pathways. Structures or parking areas are not to be located in this
landscape area.
d. Pedestrian and bicycle facilities. Pedestrian and bicycle facilities shall be
located throughout the corridor and, wherever possible, shall be located within
the boulevard greenbelt.
e. Median landscaping. Median landscaping shall be provided to continue and
enhance the aesthetics and character of the corridor. Median landscaping shall
meet the requirements listed below.
1. Landscape design, materials and plants shall meet the specifications
of division 7 of article V and approval of the department. The use of
flowering trees, that are consistent with the overall corridor landscaping
theme, is encouraged.
2. Landscaped areas shall be regularly maintained in a neat, orderly and
healthy appearance consistent with section 78-329.
f. Prohibited elements. The following elements are prohibited within the
boulevard greenbelt: chain-link fences in public view, unfinished concrete or
concrete masonry walls excluding architectural concrete, dumpsters, trash
receptacles excluding city-approved street furniture, artificial plants or turf,
decorative or commercial display objects, visible neon, elements with highly
reflective or bright colored surfaces and other objects which are frivolous,
distracting or not in harmony with the overlay landscape and design goals.
g. Transit stops. Transit stops, where applicable, shall be provided by the
property owner within the boulevard greenbelt. These transit stops shall provide
a 144-foot taper in and out of the travel lane, on either side of a 12-foot by 50-
foot transit vehicle stall. Transit stops shall include accessory structures such as
kiosks, sheltered benches or other features.
(1 2) Pedestrian and bicycle facilities.
a. Facilities. Facilities for bicycles and pedestrians shall be provided along and
within the corridor. These facilities shall be designed consistent with the
standards adopted by the American Association of State Highway and
Transportation Officials or other applicable agency.
b. Parkway pathway. Within the parkway, a continuous, interconnected pathway
at least 12 feet wide subject to the following:
1. the overall intent to maintain existing native vegetation
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1
2. the overall intent to re-establish native vegetation;
3. to allow pathways to meander within the required 55 feet corridor
area, provided the pathways are located at least ten feet from the edge of
curbing or pavement, as determined by the growth management director;
4. to generally maintain a pathway located as far as possible from
vehicular traffic; and
5. to allow installation of amenities such as benches, fountains, and
arbors which enhance the pathway.This requirement shall be applied to
adjacent properties not located with the parkway, as permitted by right-of-
way and easement widths, to allow extension of the pathways.
c. Shade trees. The pathway shall be landscaped with shade trees to provide a
continuous canopy. These shade trees shall be supplemented with ground cover
to provide visual and physical buffers between traffic and pedestrians.
d. Street furniture. A bench or resting place shall be provided every 800 feet
along the pathway. Every mile, further amenities such as drinking fountains,
benches and shelters or kiosks shall be provided and are encouraged to be
supplemented with small open spaces.
(h ) Building design guidelines.
(1 ) General design.
a. General design. Buildings shall be designed to be compatible with the
surrounding environment, both manmade and natural. A building shall provide a
positive impact on the surrounding environment.
b. Visible facades. All building facades visible from public rights-of-way and
adjacent properties shall be designed to create a harmonious effect with its
surroundings. This should not be construed as creating look-alike buildings.
Harmony shall be achieved through the proper use of scale, proportions, form,
materials, texture, and color.
c. Unity of character and design. Buildings or structures which are part of an
existing or future complex shall have a unity of character and design.
d. Design character. The design character of buildings shall be such that it is
aesthetically pleasing and without cluttered forms having no apparent system of
organization.
e. Building materials and color. Building materials and color selection shall
achieve visual order through the consistent use of compatible color palettes.
f. Building elevations. All building elevations shall be treated equally as if all
sides were the front of the building. This requirement includes but is not limited to
architectural elements, facade treatment, and landscaping.
(2) Identical buildings. Buildings and structures which, in the opinion of the city council,
are identical or similar in design shall not be permitted. This does not prohibit the
duplication of floor plans and exterior treatments in a planned unit or planned community
development where identical buildings can be used to create an aesthetically pleasing
environment. The intent is to prevent the same building form and elevation repeated
from one development to another and to encourage diverse architectural expressions
along the PGA Boulevard corridor.
(3) Trademark forms and colors. Buildings and structures which use trademark or
symbolic forms and colors and which have a negative impact on the visual environment
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DIVISION 2. PGA BOULEVARD CORRIDOR OVERLAY Page Oofll
of the area, as determined by the city council, shall not be permitted.
(4) Architectural detail. Architectural design shall prohibit large expanses of blank walls
with limited or no windows or architectural embellishments.
(5) Roof overhangs. Unless specifically designed otherwise, roof overhangs including
mansard roof overhangs shall wrap around the building so that there is visual continuity
around the entire building.
(6) Mechanical equipment screening. The highest portion of mechanical equipment,
such as backflow preventers, meters and valves for public utilities operations, satellite
antennas, heating and ventilating, air-conditioning, or other utility hardware on roofs,
ground, or buildings shall be installed at or below the lowest elevation or level of
screening materials. Materials used for screening purposes shall be compatible with the
architectural style, color, and materials of the principal building. This equipmentshall be
located so as not to be visible from any street or adjoining property. Landscape
screening must include a dense planting or earth berming or both, as established in
sections 78-31 3 and 78-31 4.
(7) Gutters and down spouts. Gutters and down spouts shall be painted to match the
surface to which they are attached. Gutters and down spouts may, however, be painted
in such a way so as to become a design element if the color is consistent with the color
scheme of the building.
(8) Service yards, storage yards, and loading docks. All refuse and waste containers,
recycling or compacting containers, dumpsters, oil tanks, bottled gas tanks, service
yards, storage yards, and loading docks shall be located in the rear or side yard. All such
service equipment and service areas shall be screened from view from any street or
adjoining property by means of a wall, landscaping, or other methods approved by the
city council.
(9) Shopping carts. If shopping carts are permitted, shopping cart corrals shall be
required, subject to the standards listed below.
a. Screening. Outdoor cart storage areas shall be screened from view by
means of a wall, substantial landscaping or other methods approved by the city
council.
b. Materials. The corrals shall be constructed of solid walls, and constructed of
materials compatible with the primary structure.
c. Landscaping. Shopping cart corrals shall be landscaped in a manner
compatible with the overall landscape theme.
d. Operations. Shopping carts shall not be allowed to accumulate in any
outside area, including parking lots and loading areas, and shall be removed
from cart corrals in a timely manner and relocated to storage areas.
(1 0) Mailboxes. Mailboxes, including special drop boxes, may be clustered within
buildings, grouped under a kiosk, or individually freestanding. In all cases, the design
and installation of mailboxes shall comply with the standards listed below.
a. Approval. Mail boxes shall be approved by the city council and the U.S.
Postal Service as to size, type, and location.
b. Design and landscaping. Mail boxes shall be landscaped consistent with and
architecturally compatible to the development.
(11) Satellite dishes. Satellite dishes may be installed in any zoning district, provided
the dishes are not visible from any street, and the color is compatible with the
surrounding environment. Communication equipment, such as dishes and antennas, is
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DIVISION 2. PGA BOULEVARD CORRIDOR OVERLAY . I.
Page 11 of 11
encouraged to be accommodated during the planning phase of a project.
(1 2) Telephones, vending machines, newspaper racks, etc. All public telephones,
vending machines, newspaper racks, and facilities dispensing merchandise or services
on private property shall be enclosed within a building, enclosed within a structure,
attached to a building, or enclosed in a separate area. Attached and freestanding
buildings shall be landscaped consistent with and architecturally compatible to the
principal structure.
(i) Underground utilities. All new, reconstructed, or relocated utilities within the PGA Boulevard
corridor occurring as a result of development, including but not limited to electric, telephone and
television cable utilities shall be placed underground. Costs for underground installation shall be
borne by the developer.
(j) Signage and lighting standards.
(1) Signage. All signage proposed shall meet the requirements of division 6 of article V
unless restricted further herein.
(2) Building lighting. Building lighting shall be installed consistent with the standards
listed in section 78-182.
(k) Accesdentry drives.
(1) Limited access. Access, including curb cuts, median openings, signalization, or
entry drives shall, at a minimum, be limited to state department of transportation or Palm
Beach County controlled access criteria. The city engineer may provide additional
standards or criteria to limit access within the corridor.
(2) Shared access. Parcels and adjacent developments shall be encouraged to share
access. This shall be accomplished through shared access agreements, service roads,
or other means approved by the city engineer.
(Ord. No. 17-2000, § 105, 7-20-00; Ord. No. 18-2004, § 2, 8-5-04; Ord. No. 25, 2006, 5 2, 9-20-06)
Secs. 78-222--78-224. Reserved.
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Date Prepared: August 21,2007
As Amended at first reading
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ORDINANCE 29,2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
OF ORDINANCES, ENTITLED “PGA BOULEVARD CORRIDOR
OVERLAY” TO CLARIFY WHICH USES ARE PROHIBITED WITHIN
THE OVERLAY; PROVIDING FOR CODIFICATION; AND PROVIDING
AN EFFECTIVE DATE.
BEACH GARDENS, FLORIDA AMENDING SECTION 78-221, CODE
WHEREAS, the City Council adopted Chapter 78, “Land Development
Regulations” of the City Code of Ordinances, which includes Section 78-221 , entitled
“PGA Boulevard Corridor Overlay,” with the adoption of Ordinance 17, 2000; and
WHEREAS, PGA Boulevard is defined as the City’s “Main Street” in Policy 1 .I .6.5
of the City’s Comprehensive Plan and therefore is of special interest and concern to the
City; and
WHEREAS, Section 78-221 , as originally adopted and subsequently amended,
provides for the regulation of uses within the overlay and the boundaries thereof; and
WHEREAS, the City Council has determined that it is necessary to amend Section
78-221 to provide for revisions to the list of permitted and prohibited uses within the
overlay; and
WHEREAS, this Land Development Regulations amendment petition (LDRA-07-
08-000017) was reviewed by the Planning, Zoning, and Appeals Board as the duly
constituted Land Development Regulations Commission at a public hearing on September
11, 2007, which recommended its denial by a vote of 5-2; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
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. Section 78-221 I entitled “PGA Boulevard Corridor Overlay” of the
Code of Ordinances of the City of Palm Beach Gardens is hereby amended to read as
follows (deleted language is ; new language is underlined):
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Date Prepared: August 21,2006
Ordinance 29,2007
Sec. 78-221. PGA Boulevard Corridor Overlay.
(a)
to all lands within the PGA Boulevard corridor overlay.
Scope. The planning and design regulations established in this division shall apply
* * *
(d) Site development guidelines.
(1) District Uses.
a. Application. The city wishes to continue to preserve and promote the unique
character of the PGA Boulevard corridor, and to this end, some uses shall be
prohibited within the overlay which might be permitted in other zoning districts
which are not subject to the overlay.
b. Permitted and prohibited uses. Those uses permitted, conditionally permitted,
and prohibited within the PGA Boulevard corridor overlay are listed below:
1. Permitted uses shall consist of the following:
(i) Cultural, entertainment, and recreational uses: private club or
lodge*; public park; and theater** (500-seat max),
(ii) Ofice uses: medical or dental office, clinic or supply sales; optician
or optometrist office; and professional and business office.
(iii) Personal services that are not wholesale or discount in nature:
banwfinancial institution (drive-thru lanes shall not face PGA
Boulevard); banquet facility*; beauty salon (excluding stand-alone
nail salons); catering service*; commercial marinas (waterfront
only); convenience stores with gas sales and auto service stations
that existed prior to September 20, 2006 (date c? Orchmce 25,
-"*; day spa; dry cleaning, pick-up and drop-off only); photo
studio and processing; picture framing; studio* (instructional or
professional); and travel agency.
(iv) Public and institutional facilities: churches and places of worship**;
college or university, public or private**; governmental uses;
hospital, public or private"; post office"; and schools, public or
private".
(v) Research and light industrial uses: laboratory** (general, dental, or
medical, or industrial research and development); minor utilities and
accessory uses; self-storage**; and passenger and transit
stations**.
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Date Prepared: August 21, 2006
Ordinance 29, 2007
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(vi) Residential uses: hotel; multifamily dwelling; and single-family
dwelling.
(vii) Specialty retail uses that are not wholesale or discount in nature:
antique shop; appliance and/or electronics store; art gallery,
museum, and/or studio; bakery; bookstore; bridal/formalwear store;
camera and photography sales and service; candy, nuts, and
confectionary sales; card store; clothing store; department store
(specialty or full line); drug store (drive-thru lanes shall not face
PGA Boulevard, provided stand-alone drug stores do not front upon
PGA Boulevard); floral or florist shop; furniture store; gift shop;
grocery store (specialty); ice cream shop; interior design (including
sales); houseware sales; jewelry store (including repair of jewelry
and clocks); leather goods and luggage store; music and musical
instrument sales; news and magazine sales; office equipment
sales; optical retail sales; pottery shop; restaurant (no drive-thru; no
exterior take-out windows); shoe store; sporting goods sales;
telecommunication equipment sales (for personal use only);
tobacco shop; toy store; and video and video game rental and
sales.
* Minor Conditional Use approval required.
** Major Conditional Use approval required.
Note: The conditional use criteria and additional standards for specific
uses established in this Chapter shall apply to the uses established
above.
*f* A convenience store with gas sales or an auto service station that
be permitted to i-xpansion does not result in
more than a one percent traffic impact or an expansion of the existing
land area of the site. Further, an auto service station shall be permitted
to change its use to convenience store with gas sales.
existed prior to nf September 20, 2006, shall
2. A use not listed in #k-+e&w . paragraph 1 but possessing similar
characteristics as defined in Section 78-159 (f) #web may be
established upon approval by the growth management director. Appeals
to such determinations shall be made to the planning, zoning-and
appeals board.
3. The following uses are prohibited:
(i) Anv use not listed as a permitted use, minor conditional use, or
maior conditional use in 1. above.
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Ordinance 29. 2007
{ii) Anv use not recognized as a similar use as provided in 2. above.
{iii) Any use not listed as a permitted use, minor conditional use, or
maior conditional use in the underlvinq zoning district.
liv) Bv example, but without limitation, anv of the following uses:
xw&-as auto, recreational vehicle,
truck, and similar vehicle sales, storage, and repair; wholesale,
discount, and outlet stores; self storage buildings that directly front
upon PGA Boulevard; outdoor self-storage; stores having a building
footprint in excess of 40,000 square feet; single-entity retail
establishments, unless otherwise provided in this division; intense
commercial and industrial activities characteristic of the CG-2 and
M-2 districts; mobile home parks; A drive-in facilities unless as an
accessory use to a bank or drug store; and night clubs, bars, and
lounges as defined in Section 78-751.
nf nr I1 in I I uu I,
4. This section shall not be construed or held to affect the rights of (1) any
existing established business, its successors, or assigns, to continue in a
use or structure that may otherwise become a legal nonconformity as a
result of the passage of Ordinance 18, 2004, Ordinance 25, 2006, or
Ordinance -29, 2007, or (2) any use specifically approved by a
development order granted by the City prior to the effective date of
Ordinance 18, 2004,~ Ordinance 25, 2006, or Ordinance 2729, 2007.
* * *
SECTION 3. Codification of this Ordinance is hereby authorized and directed.
SECTION 4. This Ordinance shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: August 21, 2006
Ordinance 29.2007
PASSED this 4 day of OCmg 4$- , 2007, upon first reading.
PASSED AND ADOPTED this day of , 2007, upon second
and final reading.
CITY OF PALM BEACH GARDENS FOR
BY:
Joseph R. Russo, Mayor
David Levy, Vice Mayor
Eric Jablin, Councilmember
Hal R. Valeche, Councilmember
Jody Barnett, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
AGAINST ABSENT
BY:
Christine P. Tatum, City Attorney
G:\attorney-share\ORDlNANCES\pSa blvd corridor overlay- ord 29 2007.doc
5
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: September 12,2007
Meeting Date: October 18, 2007
Ordinance 30,2007 and Resolution 106, 2007
SubjectlAgenda Item:
Ordinance 30, 2007 and Resolution 106, 2007: Gander Mountain Retail
First Reading: A request by Mr. Donaldson Hearing, of Cotleur & Hearing, on behalf of KTJ
Limited Partnership 167, for approval of the Gander Mountain Retail Planned Unit
Development (PUD) to allow for the construction of a 120,000 square-foot retail building on
a 13.18-acre site and to rezone the property to Planned Unit Development (PUD) overlay
zoning designation with an underlying Commercial General (CG-1 ). The proposed Gander
Mountain PUD is located on the west side of Sandtree Drive, immediately south of the
Northlake Commons/Home Depot shopping center and immediately north of the Sandtree
Residential DeveloDmentBnd Sandtree Office Development. /
K] Recommendatiotyfo APPROVE with 5 waivers
K1 Recommendatiofi to DENY 5 waivers
Reviewed by: /
Wolfs, AlCP
Growth Manage
Administrator
Approved By: A
Originating Dept.:
Growth
Management:
Project
Manager ,?fi
Stephen Mayer
Senior Planner
[XI Quasi -Judicial
[ ] Legislative
[XI Public Hearing
Advertised:
[ ] Required
[X ] Not Required
M-cted parties:
[ ] Notified
[ X ] Not Required
Finance:
Administrator:
Allan Owens
AJh
9: K.l(abossiere
Fees baid [ Yes ]
Funding Source:
[ ] Operating
[XI Other NA
Budget Acct.#:
NA
City Council Action:
Approved
App. wl conditions
Denied
Rec. approval
Rec. app. wl conds.
Rec. Denial
[ 3 Continued to:
Attachments:
Resolution 106,
Ordinance 30, 2007
Applicant Narrative
Reduced Plans
Ordinance 19,1984
(Sandtree Plaza
PUD)
2007
Date Prepared: September 13, 2007
Meeting Date: October 18, 2007
Ordinance 30, 2007 and Resolution 106, 2007
EXECUTIVE SUMMARY
The subject petition requests approval for the construction of a 120,000 square-foot
retail building on a 13.18-acre site and to rezone the property to Planned Unit
Development (PUD) overlay zoning designation with an underlying Commercial General
(CG-I), with ten waivers. On September 11 , 2007, the Planning, Zoning, and Appeals
Board voted 7-0 to recommend approval of the subject petition to the City Council, and
recommends denial of two waiver requests, pertaining to tagline and brand name
signage. Staff recommends denial of five waiver requests, all pertaining to signage.
Staff recommends approval of Ordinance 30, 2007 and Resolution 106, 2007, with only
five waivers as requested, and the conditions therein.
Note: At this time there are outstanding issues with the Application and therefore
Resolution 106, 2007 could not be finalized. Resolution 106, 2007 will be
presented at second readinq of Ordinance 30, 2007. The draft conditions of
approval for Resolution 106, 2007, which are subiect to change, are included in
this staff report.
Note: Ordinance 24, 2007 is a text amendment proposed by the same Applicant.
The proposed Gander Mountain PUD approval cannot be approved by Council
until and unless Ordinance 24,2007 is adopted.
BACKGROUND
The vacant subject property is a vacant parcel located on the west side of Sandtree
Drive, immediately south of the Northlake Commons/Home Depot shopping center and
immediately north of the Sandtree Residential Development and Sandtree Plaza Office
Development.
LAND USE &ZONING
The Property has a Commercial (C) Future Land-Use Map designation and a General
Commercial (GCI ) zoning designation. The applicant is requesting a Planned Unit
Development (PUD) Overlay zoning designation with an underlying zoning of General
Commercial (GCI), consistent with the future land use of Commercial (C).
CONCURRENCY
The subject property has received traffic concurrency approval from the Palm Beach
County Traffic Division and the City’s Traffic Consultants, McMahon Associates, Inc., for
120,000 square-feet of retail space. The build-out date is December 31 , 2009.
PROJECT DETAILS
The subject petition is a request to develop a 120,000 square-foot retail store (“Project”)
2
Date Prepared: September 13, 2007
Meeting Date: October 18, 2007
Ordinance 30, 2007 and Resolution 106, 2007
on a 13.18-acre site located on the west side of Sandtree Drive, immediately south of
the Northlake Commons/Home Depot shopping center and immediately north of the
Sandtree Residential Development and Sandtree Plaza Office Development. The
building will be occupied by a major outdoor goods retailer known as Gander Mountain,
with all-terrain vehicle and sport and leisure watercraft sales as an ancillary use. Staff
notes that approval of the concurrent zoning text amendment (Ordinance 24,
2007) is necessary to allow the ancillary uses.
Proposed Use
Gander Mountain is an outdoor goods retailer that has numerous store locations
throughout 22 states including Minnesota, North Dakota, Texas and more recently
Florida. The store provides a vast array of retail items for hunting, fishing, camping and
outdoor recreation. In addition to clothing and supplies, Gander Mountain sells all-
terrain vehicles and sport and leisure watercraft. Gander Mountain is an established
and well-recognized vendor in this growing market.
Conditional Use Analysis
It is staffs professional opinion that all the criteria in the conditional use analysis have
been adequately justified (please see attached conditional use analysis). The applicant
has demonstrated adequate mitigation of the potential adverse impacts of the ancillary
watercraft, boat and all-terrain vehicle sales in the proposed site plan, landscape plan
and architecture. The applicant has incorporated the proposed provisions of the
concurrent LDRs into the architecture and site design, by fully enclosing the ancillary
uses within a building with seamless architecture. By placing the location of the ancillary
uses on the west side of the Gander Mountain building, the applicant has followed the
direction of staff and the Planning, Zoning and Appeals Board to locate the ancillary
uses as far from the residential property as feasible. The applicant is also proposing to
screen Gander Mountain from residential property with an eight-foot high decorative
wall with mature, native plantings adequately screening both sides of the wall.
Site Lavout
According to the applicant, the irregular shape of the Property played a significant role
in the design of the site layout. The building has been placed towards the south (wider)
portion of the property and the required parking accommodated to the north. The main
entry of the building is located on the north elevation of the building facing the parking
area.
Loadinq Area
Due to potential conflicts with vehicles utilizing the access road leading to the Sandtree
Plaza Office development to the south (please see ‘Hccess to Sandtree 0ffice”portion
of this report) and the close proximity of the residential units to the rear (south) of the
building, the loading area was not encouraged to be placed at the rear of the building.
3
Date Prepared: September 13, 2007
Meeting Date: October 18, 2007
Ordinance 30, 2007 and Resolution 106,2007
The depressed loading dock area was instead located on the east side of the building
and will be screened from view by landscaping and a wall on the east side of the
loading zoning. It will be separated from the adjacent residential development by the
wall and landscaping immediately adjacent to the loading area, the access drive, a lake,
an eight (8) foot-tall screening wall and the required landscape buffer. In order to
provide further separation between the loading activities and the adjacent residential
uses, the applicant has designed the loading area such that the loading activities
outside of the cargo transport vehicles will be fully enclosed by the building. Staff notes
that the applicant is proposing a secondary loading area for quick picklup and delivery
outside of the depressed loading dock area. This secondary loading area is a curb cut
along the Sandtree Plaza Office Development access drive and in staffs opinion
reduces the potential landscaping, negatively impacting the aesthetics of the access
drive. Staff also notes that due to the potential for vehicular conflict from delivery trucks
and vans entering and exiting the secondary loading zone at a point where there is a
long curve in the access, the loading zone negatively impacts the circulation and safety
of the access drive. Staff recommends eliminating the secondary loading zone (please
see conditions of approval).
Site Access
The site is accessed from a +/- 500 foot long entry drive that ties into Sandtree Drive.
There will be a new southbound right-turn lane into the project along Sandtree Drive.
The proposed site access is constrained by property boundary lines and a wet retention
basin on the Northlake Commons Shopping Center property. Therefore, the applicant is
unable to align the access with the existing intersection of Constellation Boulevard and
Sandtree Drive. Staff notes that the new entry is neither aligned, nor is more than 150
feet away from existing intersections, and therefore requires a waiver request. Staff is
recommending conditions of approval to mitigate turning conflicts. (Please see
conditions of approval and waiver requests)
Landscaping
All property boundaries have been provided with sufficiently planted buffers and screen
walls (when adjacent to residential uses) to mitigate for any potential visual and sound
impacts to the adjacent properties. A two (2) to three (3) foot high berm has been
specified along 1-95 for the purpose of screening the parking area at the front of the
center. Landscape diamonds are being provided adjacent to all interior parking spaces
to provide shade and to break up the parking field. A native landscape theme is being
proposed to complement the outdoor recreational use. The center’s frontage will be
planted with larger material to complement the massing of the front faqade. Along the
property line shared with the Sandtree Residential Development, the applicant is
proposing an eight-foot high decorative wall with mature, native landscaping on both
sides. The applicant is proposed to maintain a five-foot setback from the southern
property line along the length of the entrance drive, a 15-foot setback along the length
of the shared property line around the lake, and a 25-foot setback adjacent to the
building for 280 linear feet. In providing 39,352 landscape points, the applicant is above
4
Date Prepared: September 13, 2007
Meeting Date: October 18, 2007
Ordinance 30, 2007 and Resolution 106, 2007
the required 19,794 landscape points, by a total of 19,595 additional points.
Encroachments
Staff notes that the property is encumbered by three fences that are encroaching over
the property line from the Sandtree Residential Development. There are also several
instances of Bellsouth and Adelphia cable utility encroachment as far as 15 feet unto
the Gander Mountain property. Staff strongly recommends that the applicant remove all
encroachments onto the property prior to construction, as these encroachments are
illegal structures that were built off-property and do not meet setback requirements.
Furthermore, the proposed eight-foot wall is in close proximity to the fence
encroachments, and on occasion the utility lines are on the Gander Mountain side of the
proposed eight-foot wall.
Lake Maintenance Easement (LME)
As shown on the proposed landscape plan, the applicant is requesting a 20-foot wide
LME around the lake. A LME has requirements that would normally require prohibiting
the installation of permanent improvements; however, due to several mitigating
circumstances, the applicant is proposing additional plantings (street trees and
relocated native trees) along the east, south and west areas of the LME. Staff notes on
the west side of the lake the applicant is proposing landscaping along the driveway
adjacent to the retaining wall, which will enhance the aesthetics of the driveway. The
applicant is also proposing landscaping within portions of the east and south portions of
the LME for aesthetic purposes and those trees will not affect access from the right-of-
way. The configuration of the plantings will provide for necessary access for
maintenance of the lake and to all sides of the lake bank. A minimum 12-foot-wide
accessible tract shall be left along the east and south LME area for maintenance access
purposes. The area along the retaining wall along the west side of the lake is fully
accessible from the adjacent roadway due to the proposed planting configuration. The
proposed plantings lining the roadway is shown to be Live Oaks, however, staff is
recommending a condition of approval to replace the Live Oaks with Foxtail Palms,
because there is not enough space between the lake retaining wall and the driveway for
the Live Oaks to grow safely.
Pedestrian Connectivity
The pedestrian network consists of a five (5) foot wide sidewalk that commences at
Sandtree Drive and terminates at the main entrance to the retail center. A paver drive
aisle located along the front of the center will provide for traffic calming for patrons and
employees moving between the parking lot and the center.
Parkinq
The center requires 480 parking spaces, all of which have been provided away from the
adjacent residential properties. The site meets all Americans with Disabilities Act
5
Date Prepared: September 13, 2007
Meeting Date: October 18, 2007
Ordinance 30, 2007 and Resolution 106,2007
requirements for access to the adjacent off-site sidewalk system and throughout the site
from the physically challenged parking spaces to the public entrances into the center.
Parking spaces are provided at the 9.5 foot-wide by 18.5 foot long standard size with 25
foot-wide travel aisles. The applicant has provided 36.48 percent (207,386 square feet)
open space, which provides for the required 6,600 square feet of additional open space
for the reduction in the parking space width. ((1.5 ratio x(480~(.5~18.5))=6,600 square
feet)
Architecture
The applicant has engaged a local architect to assist with creating an enhanced building
appearance that incorporates Gander Mountain’s signature rustic appearance and with
significant horizontal and vertical movement with the materials and elements along
those facades visible from 1-95 and from the north. The use of varying colors and
textured materials further enhances this use and provides significant visual interest for
motorists passing along 1-95 as well as for patrons. Vertical elements have been added
to further add visual interest to the building faqade on all sides.
Access to Sandtree Plaza Office PUD
A portion of the project’s south property line abuts the Sandtree Office PUD (Sandtree
Office). Vehicular access to Sandtree Plaza Office is by way of Sandtree Drive through
the Sandtree Residential Development. During the original approval of Sandtree Plaza
PUD, the City included a condition of approval in the project’s development order
(Section 5 of Ordinance 19, 1984) that required the developer, its successors or
assigns, to find an alternative means of vehicular access to either Northlake Boulevard
and/or Sandtree Drive over and through the “contiguous lands,” whereupon the present
entrance from Sandtree Drive shall be closed, and additional landscaping be provided
at said designated area (see attached Ordinance 19, 1984). It is believed that this
condition was placed by the City at the request of the residents of the Sandtree
Residential Development in order to eliminate pass-through traffic within their residential
neighborhood at such time when the subject property was developed. It is important to
note that said condition is being met by Gander Mountain; however, the City will require
the owner of the Sandtree Office Plaza PUD to close the access connection to Sandtree
Residential PUD and replace with landscaping.
During discussions with the property owner of Sandtree Plaza Office and the residents
of the Sandtree Residential Development, it became evident that the provision of a new
vehicular access to Sandtree Plaza Office through the Property would offer a
tremendous benefit to both the residents of the residential development (eliminating
traffic for Sandtree Plaza Office through the neighborhood) and the owners of Sandtree
Office (satisfying a previously imposed condition of approval of the project‘s
development order). In an effort to maintain a positive relationship will all concerned
parties, the Applicant has provided a tree-lined driveway from Sandtree Drive through
the subject property to Sandtree Office. This driveway will eventually become the
primary access to Sandtree Plaza Office, and the existing access at the end of Sandtree
6
Date Prepared: September 13, 2007
Meeting Date: October 18, 2007
Ordinance 30, 2007 and Resolution 106, 2007
Drive will be closed. The logistics and timing of such closure is currently being
negotiated with all affected parties. In addition, directional signage has also been
provided for the benefit of the public accessing the Sandtree Plaza Office.
Sandtree Residential Development Homeowner Concerns
As mentioned above, the applicant has worked extensively with the adjacent residential
property owners in an effort to address any concerns they have relative to the project.
The following list outlines those issues raised by residents, according to the applicant,
and how the applicant has responded:
e:* Common nuisances from a large retail use (Le. sights, sounds, etc.).
Applicant Response: An eight (8) foot-tall buffer wall and a substantially
landscaped buffer will be installed between the Property and the residential
properties to the south prior to the installation of any underground infrastructure
or vertical construction. (please also see the “Loading” section of this report that
discusses the design and screening of the loading area).
*:e Existing traffic for Sandtree Office through the residential neighborhood.
Applicant Response: As described in the “Access to Sandtree Plaza Office PUD”
section of this report, a vehicular access drive will be provided for Sandtree Plaza
Office in order to alleviate traffic within the residential neighborhood.
43 Rear yard encroachments: The survey for the subject property reflects that there
are certain residential properties within the Sandtree Residential Development
whose rear yards actually encroach into the Property.
Applicant Response: The Applicant has set the buffer wall back from the
property line that abuts the residential lots so as not to conflict with any
residential yard encroachments into the Property. Furthermore, the applicant has
come to a verbal agreement with representatives from the Sandtree Residential
Development HOA that the landscape area on the residential side of the buffer
wall will be maintained by the HOA (even though said portion of the buffer is
located within the subject property boundaries). This will allow those residents
whose properties back up to the property to continue the quiet, peaceful
enjoyment of their rear yards (including the portion of the Property on the
residential side of the wall) without intrusion from the adjacent property owner.
Site Lightinq
The applicant has provided a photometric plan for the site which is currently under
review by staff. Staff has included conditions of approval to ensure that the photometric
plan will meet the City’s requirements prior to the City Council first hearing of the
Resolution. Staff also ensures that the lighting will be metal halide in order to provide
7
Date Prepared: September 13, 2007
Meeting Date: October 18, 2007
Ordinance 30, 2007 and Resolution 106, 2007
the necessary security measures, but will be shielded to prevent glare on adjacent
rights-of-way and residential property (please see conditions of approval).
Drainage
The project is located in the C-17 drainage basin within the South Florida Water
Management District. There is an existing 1.09+/- acre lake located adjacent to the
project boundaries south of Home Depot that is currently a part of the surface water
management system for the existing adjacent shopping center development. This lake
will be improved with the addition of a fountain to provide additional aeration.
A network of drainage inlets and culverts utilizing minimal exfiltration will collect and
direct the storm runoff to the proposed on-site lake and dry detention area. The
proposed lake will be connected to the above-referenced existing lake south of Home
Depot. Discharge from the lake system will occur via the existing outfall control
structure located on the Home Depot property, ultimately discharging into the C-17
canal.
The Gander Mountain on-site drainage system will be designed to meet the
requirements of the South Florida Water Management District, Palm Beach County and
the City of Palm Beach Gardens regulations, and to provide a legal positive outfall
meeting the adopted level of service.
CPTED Compliance
Due to the size and nature of the project, the City’s Police Department has been actively
involved in the review process. The Police Department has meet with the applicant on
several occasions in an effort to establish a site plan and security plan that would
provide for the safest, most secure environment possible at the new facility.
In response to the concerns raised by the Police Department, the applicant has
provided a detailed security plan and security measures for the new facility, including for
security during construction. The Police Department has indicated that they are satisfied
with the proposed security measures and will continue to work with the applicant up to
and through the opening of the store.
Further, the Applicant will be required to comply with the Crime Prevention Through
Environmental Design (CPTED) principles recommended by the Police Department
(Please see conditions of approval).
L EEDS Certified Buildinq
The U.S. Green Building Design Council describes LEED as:
“The Leadership in Energy and Environmental Design (LEED) Green Building
Rating System is the nationally accepted benchmark for the design, construction,
8
Date Prepared: September 13,2007
Meeting Date: October 18, 2007
Ordinance 30, 2007 and Resolution 106, 2007
and operation of high performance green buildings. LEED gives building owners and
operators the tools they need to have an immediate and measurable impact on their
buildings’ performance. LEED promotes a whole-building approach to sustainability
by recognizing performance in five key areas of human and environmental health:
sustainable site development, water savings, energy efficiency, materials selection,
and indoor environmental quality. LEED provides a roadmap for measuring and
documenting success for every building type and phase of a building lifecycle.”
The development team for the Project is actively and diligently in pursing LEED
Certification for the proposed development. Staff commends the applicant in their effort
to build a LEED certified building in the City. In staffs opinion, the commitment to
pursue the LEED certification is an appreciated step forward for environmentally-
conscious construction.
Concurrent LDR Text Amendment
Concurrent with the request for approval of a Planned Unit Development and the
associated site plan approval, the Applicant is requesting an amendment to the City’s
Land Development Regulations to allow for limited indoor boat and marine sales to be
permitted in the CGI zoning district as an accessory to a permitted principal use and
subject to other criteria. Numerous surrounding jurisdictions and the County allow for
boat sales in what would be a similarlconsistent general commercial zoning district.
Currently, outdoor boat display and sales are only allowed in CG2 zoning district in the
Gardens. Approval of this request (with appropriate mitigation measures to ensure on-
and off-site impacts are sufficiently addressed) is appropriate for large format retail
users that incorporate a variety of sales at one location.
CONSISTENCY WITH THE COMPREHENSIVE PLAN
The Property is classified as a Commercial; therefore, it is required to comply with the
intent of Commercial land use designation established in the Commercial land use
designation of the City Comprehensive Plan, which states:
The C designation is intended to accommodate a wide range of retail and
general commercial uses. It is a site-specific designation that depicts
commercial uses and proposes future commercial areas at primary
intersections. The specific regulations and uses associated with
development within the areas designated C will be determined during the
zoning of the properties. Commercial land use activities will be limited in
intensity to a maximum lot coverage of 35% of the site and a maximum
building height of 50 feet. The land development regulations may further
restrict intensities.
9
I
Date Prepared: September 13, 2007
Meeting Date: October 18, 2007
Ordinance 30, 2007 and Resolution 106, 2007
Waivers
The applicant is rc
:ODE SECTION
ruestina the following ten (I 0) waivers:
~~
WAIVER DISCUSSION PROVIDED REQUIRED
Centerline
separation not
less than 150
feet apart
Non-alignment of
intersection or 120
feet of required
separation
Three additional signs,
n order to provide one
on each building
elevation
30’’ for the letter height
of one principal tenant
sign, and 36” for the
letter height of three
principal tenant signs
Section 78-508
INTERSECTIONS 30 foot separation
Section 78-285
(Table 4)
SIGN PROGRAM
One (1) principal
Tenant Sign
Request for four (4)
principal tenant signs
Request for one (1 )
sign with a 96” letter
height and (3) signs
with a 72” letter
height
Four (4) principal
tenant signs to be
greater in area than
the permitted 90 s.f.
(One sign at 240 s.f.,
Three signs at 135
S.f.)
36” letter height
for principal
tenant signs
Section 78-285
(Table 4)
SIGN PROGRAM
90 square feet
maximum sign
face area for
principal tenant
signage
150 s.f. for one
principal tenant sign
and 45 s.f. for three
principal tenant signs
Section 78-285
(Table 4)
SIGN PROGRAM
~
Allow for specific
product tagline
signage, such as
“ Hunting , Fish i ng ,
etc.”
Request 11 tagline
signs (1’ 6”) indicating
the types of products
sold, located along the
accent band on the
front elevation.
Request 3 name
brand signs for
products sold, located
on the east, west and
south elevations.
Section 78-285
(Table 4)
SIGN PROGRAM
Sign type not
specifically
addressed
Section 78-285
(Table 4)
SIGN PROGRAM
Sign type not
specifically
addressed
Allow for brand name
signage
Section 78-285
(Table 4)
SIGN PROGRAM
Directional
signage sign
face area
maximum of 16
s.f.
Separation of
monument sign
from residential
property (50’
min.)
Provide up to 2
direction signs larger
than 4’ x 4’
Relief of sign face
area requirements for
2 directional signs (7)
Section 78-285
(Table 4)
SIGN PROGRAM
Relief of 40’ for
separation due to odd
parcel shape (limited
frontage on Sandtree
Drive)
Reduce separation
from residentially
zoned property to IO’
10
Date Prepared: September 13, 2007
Meeting Date: October 18, 2007
Ordinance 30, 2007 and Resolution 106, 2007
WAIVER
Exceeding 2’ in height;
includes offsite
signage under 3’; and
x square feet over
maximum signage
area
Approval of building
permits without an
approved Plat
CODE SECTION DISCUSSION
(9)
(1 0)
Section 78-285
(Table 4)
SIGN PROGRAM
Section 78-427
TIMING OF PLAT
APPROVAL
REQUIRED
Monument Sign
not exceeding
IO’ high; 3’ high
solid base
without signage;
and 60 square
feet in area
Plat approved by
City Council
property prior to
building permit
PROW DED
An dual monument
sign 12’ high;
includes off-site
signage as the solid
base and under the
3’ requirement; and x
square feet in area
Plat approved by City
Council prior to first
Certificate of
Occupancy
Waiver Criteria:
Section 78-758 (i). Criteria. A request for the City Council to approve a waiver from one
or more of the standards and requirements applicable to a planned development, PUD,
or PCD shall comply with a majority of the criteria listed below.
1. The request is consistent with the City’s Comprehensive Plan.
2. The request is consistent with the purpose and intent of this section.
3. The request is in support of and furthers the City’s goals, objectives, and policies to
establish developments possessing architectural significance, pedestrian amenities
and linkages, employment opportunities, reductions in vehicle trips, and a sense of
place.
4. The request demonstrates granting of the waiver will result in a development that
exceeds one or more of the minimum requirements for PUDs.
5. The request for one or more waivers results from innovative design in which other
minimum standards are exceeded.
6. The request demonstrates that granting of the waiver will result in preservation of
valuable natural resources, including environmentally-sensitive lands, drainage and
recharge areas, and costal areas.
7. The request clearly demonstrates public benefits to be derived, including but not
limited to such benefits as no-cost dedication of rights-of-way, extensions of
pedestrian linkages outside of the project’s boundaries, preservation of important
natural resources, and use of desirable architectural, building, and site design
techniques.
8. Sufficient screening and buffering, if required, are provided to screen adjacent uses
from adverse impacts caused by a waiver.
9. The request is not based solely or predominantly on economic reasons.
IO. The request will be compatible with existing and potential land uses adjacent to the
development site.
11.The request demonstrates the development will be in harmony with the general
purpose and intent of this section, and that such waiver or waivers will not be
injurious to the area involved or otherwise detrimental to the public health, safety,
and welfare.
11
Date Prepared: September 13, 2007
Meeting Date: October 18, 2007
Ordinance 30, 2007 and Resolution 106, 2007
Waiver Analysis :
(1) Waiver from Section 78-508, which states that proposed new street intersections
with centerline separation of less than 150 feet shall not be permitted.
Staff analysis: The applicant is proposing a waiver to allow a centerline
separation of 30 feet to a new intersection on Sandtree Drive. This is a waiver
request for a reduction of 120 feet in the separation requirement. Staff notes that
the proposed intersection is due to the applicant’s main entry and that the entry is
constrained by an irregular shaped parcel. The entry configuration is constrained
by property lines and a retention area on the Northlake Commons Shopping
Center. The applicant is also providing an emergency access with a future
connection with the Northlake Commons Shopping Center. Until the future
connection is made, the proposed new intersection is the applicant’s only means
of egress from the right-of-way. Since the applicant has feasibly reduced the
extent of the waiver, staff recommends APPROVAL of the waiver request.
(2) Waiver from Section 78- 285, Table 4, which states that one principal tenant sign
is permitted for a parcel with at least 100 lineal feet of right-of-way.
Staff analysis: The applicant is requesting a waiver to allow four (4) principal
tenant signs, or a tenant sign on each elevation. The Code currently allows only
one (1) principal sign per tenant for the property, because it has 961 lineal feet of
right-of-way along 1-95. This request is made due to the proximity of the
development along 1-95 and due to the unusual point of access to the use on the
property. As this use is located along 1-95, but is only accessible from Sandtree
Drive by way of Northlake Boulevard, the applicant claims it is necessary that first
time users (including both year-round residents and seasonal visitors and
residents) can identify the center while traveling north on 1-95. The applicant
states that the west facing sign will allow patrons the ability to recognize the
location and to safely exit 1-95 onto Northlake Boulevard. Southbound travelers
along 1-95 will only be able to see the north and west facing signage once they
are at the top of the Northlake Boulevard overpass and would have to exit at Blue
Heron Blvd. to return north to the Property. Staff agrees with the applicant with
respect to the justification of the signage facing north and west and would
recommend APPROVAL of the waiver of the aforementioned signs.
A principal tenant waiver for the sign facing east toward the entrance to the
property over 500 feet away from the center is not supported by staff. This sign
faces a roadway (Sandtree Drive), but will be more than 720 feet away from said
right-of-way. Staff does not find that it will assist patrons in identifying this use
more than the monument sign at the point of ingresdegress. Also, staff notes
that this signage will be in closer to residential property (240 feet) than to the
nearest right-of-way (720 feet). Due to the height and size of the sign, staff has
concerns that the residential property will be negatively impacted by this
proposed waiver. Staff strongly recommends DENIAL of the aforementioned
12
Date Prepared: September 13,2007
Meeting Date: October 18, 2007
Ordinance 30, 2007 and Resolution 106, 2007
sign
The last principal tenant sign proposed is facing the south elevation and the
adjacent commercial property to the south. The applicant states that this sign is
proposed to assist those traveling north on 1-95 to see the store location and
allow them time to safely maneuver to the Northlake Boulevard exit. However,
staff finds that this sign is also within 100 feet of a residential park and 190 feet
from residential property. Due to the height and size of the sign, staff has
concerns that the residential property will be negatively impacted by this
proposed waiver. Staff strongly recommends DENIAL of the aforementioned
sign.
Staff recommends PARTIAL DENIAL of the waiver request
(3) Waiver from Section 78-285, Table 4, which states that the letter height of
principal tenant signs is 36”.
Staff analvsis: The applicant is proposing one (1) principal tenant sign with a 96”
(eight-foot) letter height and three (3) principal tenant signs with a 72” (six-foot)
letter height. The applicant states that the waiver request is necessary to allow
signs that are in scale with the building and due to the location of the property.
Staff notes that the eight-foot letter height is 260% of the maximum letter height
allowed and the six-foot letter height is 200% of the maximum letter height
allowed. Staff recommends DENIAL of the waiver as proposed. Staff could
support two principal signs at a lower letter height. The support is specific to the
sign proposed on the front (north) elevation and the elevation fronting 1-95 (west)
with 72” letter height.
(4) Waiver from Section 78-285, table 4, which states that sign letters for principal
signs shall not exceed 90 square feet, or three percent of the affected building
faGade, whichever is less. 90 square feet is the lesser of the two calculations.
Staff analvsis: The applicant is proposing signage that will increase the signage
for the main frontage sign to 240 s.f. (150 s.f. larger than the 90 s.f. maximum
sign area) and 135 s.f. for the three (3) additional principal tenant signs (45 feet
larger than the 90 s.f. maximum sign area). The applicant states that this request
is made to ensure that the signage on the building is in correct proportion with
the overall mass of the building and specifically to the mass and scale of the
enhanced entry features which incorporate log post and beam construction. This
waiver has been permitted on various developments throughout the City where
large buildings and architecture exist, such as Downtown at the Gardens,
however, staff notes that this waiver was justified in circumstances when the sign
was in areas not adjacent to residential districts. Staff recommends DENIAL of
the waiver as requested, however, would reanalyze the request if the waiver
were only for signage on the north and west elevations and if the waiver request
were reduced to a maximum of 135 square feet for both signs.
13
I
Date Prepared: September 13,2007
Meeting Date: October 18, 2007
Ordinance 30, 2007 and Resolution 106, 2007
(5) Waiver from Section 78-285, table 4, which does not include regulation for
product “tag line” signs that indicate the types of product sold, such as “hunting”,
fishing, etc.”
Staff analvsis: The applicant is requesting a total of eleven (11) tag line signs
across the north face of the building identifying products offered by the retailer.
The signs are 1’6” large and examples used in the applicant’s rendering are, for
example: “Hunt”, “Fish”, Camp”, “Firearms”, “Marine”, “Apparel”, “Footware”,
“Watersports”, and “Archery” in a color to match the principal tenant sign. This
request is made to allow for additional product identification on the main frontage
of the building (north elevation). Gander Mountain typically identifies in a tag line
products such as “camp, boats, and fish” along a band at the front of their stores.
The applicant states that this is a standard that exists on all of their stores and
helps patrons understand the outdoor nature of the retailer. This signage is not
permitted by LDR Section 78-285 unless permitted by waiver, and in staffs
opinion is inappropriate as proposed by the petitioner. Staff finds that the
applicant is requesting a waiver to allow four principal tenant signs and is
permitted a monument sign. Staff does not feel it is necessary to clutter the
faqade of the building with any additional signage. Staff also finds that this
request does not have any public benefit and will not be in harmony with how
signage for other big retailers has been approved. Staff recommends DENIAL of
the waiver request.
(6) Waiver from Section 78-285, table 4, which does not include regulation for
product brand name identification signs, such as “Tracker.”
Staff analvsis: This request is made to allow for product brand name identification
in three locations: along 1-95, the store front, and to Sandtree Drive. The signs
will be provided for ease of identification of the location where “Tracker” is located
within the store. Staff is concerned that although each waiver request is taken on
a case-by-case basis, that the City will be forced into honoring a precedent to
allow additional commercial advertising in the form of brand name taglines. The
City currently does not permit this type of sign and does not consider them
necessary for any product identification. Furthermore, staff finds that the waiver
request does not have any public benefit and is purely economic in nature.
Similar big box retailers, such as “Home Depot”, “Sports Authority” and “Costco”,
do not currently have product taglines. However, by allowing Gander Mountain
this advantage in advertising product brand names, staff finds that it may give
other big box retailers the avenue to request similar waiver requests. Staff
recommends DENIAL of the waiver request.
(7) Waiver from Section 78-285, table 4, which states that directional signage shall
be no more than 16 square feet and only 1 directional sign is permitted per
building .
14
Date Prepared: September 13,2007
Meeting Date: October 18, 2007
Ordinance 30, 2007 and Resolution 106, 2007
Staff analysis: This request is to allow a total of five (5) directional signs and for
two (2) of five (5) directional signs to be larger than the code maximum of 16 s.f..
This is required due to the addition of the adjacent Sandtree Office development
on the signage to effectively direct traffic back to the office site located south of
the subject property. The intent is to provide direct access through the Gander
Mountain property for the office users to assist in relieving the Sandtree
residential properties from that office traffic throughout the day. The increased
signage will ensure new clients and patrons of the office building will be able to
safely identify the most direct route to the office building. Due to the complexity of
directing traffic to the Sandtree Plaza Office PUD through the Gander Mountain
site, and the length of the access drive, staff recommends APPROVAL of the
waiver request.
(8) Waiver from Section 78-285, Table 4, which states that a monument sign shall be
located a minimum of 50 feet away from an adjacent residentially zoned property.
Staff analvsis: The applicant is requesting a monument sign be located 10 feet
from a residential zone property line (Sandtree Residential PUD), or a waiver of
40 feet. The applicant’s request to locate a monument sign at the property’s
principal point of ingresdegress is necessary due to the unusual point of access
along Sandtree Drive, and away from Northlake Boulevard. The monument sign
shall be located approximately 10 feet away from the residential property line.
This waiver is necessary as the property is irregular-shaped and there is not an
opportunity to provide the minimum separation. In response to the requirement,
the applicant is providing an eight (8) foot high wall adjacent to the residentially
zoned property. The applicant is requesting relief of 40 feet from the minimum
separation requirement of 50 feet. Because the applicant has minimized the
waiver as much as feasibility possible, and a monument sign is beneficial for the
public to identify the entry to Gander Mountain, staff recommends APPROVAL of
the waiver request.
(9) Waiver from Section 78-285, Table 4, which states that a monument sign shall be
less than IO’ high, must have a 3’ high solid base clear of signage, and shall not
be more than 60 square feet in area.
Staff analysis: The applicant is proposing a monument sign which exceeds the
maximum 60 square-foot area, and the maximum ten-foot height requirement,
and includes an off-site tenant sign (Sandtree Plaza Office), located within the
envelope of the required %foot solid base. Staff notes that the applicant is
providing the signage as a public benefit, to help direct traffic away from the
existing Sandtree Residential Development and to utilize the proposed access
drive through the Gander Mountain PUD. Although Gander Mountain is providing
the off-site sign as a public benefit, staff notes that Gander Mountain is not
decreasing the size of their signage relative to the addition of the off-site sign.
However, due to the indirect route from the 1-95 frontage and a greater need for
15
Date Prepared: September 13,2007
Meeting Date: October 18, 2007
Ordinance 30, 2007 and Resolution 106,2007
patrons to locate the monument sign for both Gander Mountain and Sandtree
Plaza Office, staff recommends APPROVAL of the all three parts of the waiver
request.
(IO) Waiver from Section 78-427, which states that an approved plat is required
prior to the issuance of a building permit.
Staff analysis: The applicant is requesting a waiver to the timing of plat
recordation. Section 78-427 requires that an applicant have an approved
boundary plat prior to the issuance of a building permit. In order to streamline
the lengthy process of platting the property, the applicant is requesting that the
plat be approved and signed 60 days after the issuance of the first building
permit, giving the applicant a grace period to finalize the platting process. Staff
notes that the applicant has submitted a petition for plat approval and working
with staff to resolve all of the issues prior to vertical construction of the building. It
is the intent of the City Code requirement to ensure that a plat is submitted for
every property developed and that all platting issues are addressed prior to
construction. Staff is confident that the applicant will continue to work with staff
and that the grace period will allow the developer a timely opportunity to
construct the buffer wall along the Sandtree Residential development. Staff
supports the waiver with conditions (Please see conditions of approval) that will
ensure a plat is approved 60 days after the issuance of the first building permit.
Staff recommends APPROVAL of the waiver request.
STAFF ANALYSIS
Staff has worked extensively with the applicant on addressing the issues that encumber
this irregularly-shaped parcel. The applicant has made a concerted effort to address
the concerns of the residents, the adjacent property owners, and City staff. However,
at this time there are a number of unresolved issues that need to addressed
before Council consideration of Resolution 106,2007.
PLANNING, ZONING, AND APPEALS BOARD PUBLIC WORKSHOP
The Planning, Zoning, and Appeals Board (PZAB) reviewed the subject petition at a
public workshop on June 26, 2007. The Commission was pleased with many elements
of the architecture and site plan, but there were comments that expressed concern over
the amount of signage, a suggestion to raise the architecture elements for greater visual
impact, and some disparage over the use of a-frame elements, as it was unlike anything
currently approved in the City. A Sandtree PUD resident supported the Gander
Mountain PUD and advised PZAB that the Sandtree Plaza Office PUD is required by
condition to close their access drive through the Sandtree neighborhood when an
alternative access is constructed (that alternative being through Gander Mountain).
Another Sandtree resident expressed concern over increased traffic, but supported the
Gander Mountain project. Finally, a third Sandtree resident supported the project,
closing off the existing Sandtree Plaza Office access, and added that applicant has
16
Date Prepared: September 13, 2007
Meeting Date: October 18, 2007
Ordinance 30, 2007 and Resolution 106, 2007
worked very closely with the resident’s of the Sandtree PUD.
SUMMARY OF PLANNING, ZONING, AND APPEALS BOARD COMMENTS
The Planning, Zoning, and Appeals Board (PZAB) reviewed the subject petition at a
public hearing on September 11, 2007, and voted 7 to 0 to recommend approval to the
City Council, with an approval of five (5) requested waivers and denial of two (2)
requested waivers. The two waivers that PZAB did not recommend approval are
waivers to Section 78-258, Table 4, specific to the request for tagline signs and brand
name signs. Staff notes that is has added two waiver requests in response to new
requests from the Applicant, which is in regard to a new monument sign proposed at
PZAB and for the timing of the plat, which was expressed to staff after the PZAB staff
report was written. Staff has also divided a previous waiver into two separate waivers to
simplify the waiver request, regarding the letter height and signage area of the principal
tenant signs.
The PZAB commended the overall design and architecture of the proposed project, and
praised the developer for coordinating neighborhood meeting and addressing the
concerns of the Sandtree Residential development, as well as responding to the
comments generated at the public workshop. Several residents gave their support of the
project, and specifically identified thru-traffic to the Sandtree Plaza Office as their
concern. Several residents support the Gander Mountain petition because the applicant
has been forthcoming in the process and have pledged off-site improvements, such as:
constructing a gateway sign to the community; providing entry road enhancements
(such as traffic calming improvements); constructing a turn lane into the loading area of
Home Depot on Sandtree Drive; providing the City a wildlife management plan which
accounts for the capture and relocation of wildlife habitat; the construction of an 8-foot
tall buffer wall; and, construction of the cross-access drive to the Sandtree Plaza Office.
The City has added conditions to ensure these off-site improvements are performed. A
citizen did express concern over an existing High School bus stop location on Sandtree
Drive at the approximate location of the proposed Gander Mountain access drive. Staff
will work with the applicant to address this concern.
PZAB raised a concern relative to the overabundance of signage; however, the board
unanimously supported waivers necessary to construct a shared monument sign that
will also direct patrons of the Sandtree Plaza Office through the Gander Mountain
property so that they will utilize the new cross-access drive. Staff notes that a majority
of the commissioners agreed that the waiver to allow 4 principal tenant signs at a size
that relates to the scale of the building are justified. Also, a majority supported the
waiver for five directional signs in order to direct traffic along the long access drive. A
majority of the commissioners did not support the waivers to allow tagline signs and
brand name signs, siting that these signs are not permitted anywhere else, and may set
a precedent to justify this type of signage for other retailers with multiple types of
products (Wal-Mart, Home Depot, etc). Finally, staff notes that a majority of the
commissioners were in support of the applicant’s request to remove staffs condition
#I4 to remove the secondary loading zone from the site plan. PZAB noted that there
17
Date Prepared: September 13,2007
Meeting Date: October 18, 2007
Ordinance 30, 2007 and Resolution 106, 2007
does not seem to be a better location for the secondary loading zone, customarily for
parcel pick-up and drop-off. Two commissioners noted their concern for safety
regarding the location of the secondary loading zone and supported staffs condition to
remove the loading zone and relocate the parcel pick-up and drop-off zone into the
primary loading zone.
Although the majority of the commissioner supported waiver #I, regarding the
separation requirement of intersections, a commissioner expressed concern with the
non-alignment of the new intersection with Constellation Boulevard. The commissioner
requested that the applicant exhaust every attempt to align the intersection, to eliminate
the safety concerns from the turning movements that result in the non-aligned
intersection with only 30 feet of separation from centerline to centerline. Staff supports
the notion that the applicant exhausts every attempt to align the roads, but understands
that it involves the modification of an off-site retention area and cooperation of two
separate land owners. The Commissioner also inquired whether a traffic circle was
considered to alleviate the condition, and the applicant has investigated if a traffic circle
is possible. The applicant suggested that a large enough traffic circle to accommodate
the intersection would result in taking private property.
Staff notes the following concerning the addition of waiver requests after the PZAB staff
report was written:
Staff has divided a waiver for principal signs into two separate waivers for simplicity, a
request for the number of principal tenant signs and a request for the letter height for
principal tenant signs. Originally, waiver #2 included a waiver to the required number
and letter size of principal signs. PZA B supported waiver #2 and therefore supports both
waivers as written in Resolution 706, 2007. Furthermore, at the PZAB meeting, the
applicant requested PZA B provide feedback on an additional waiver request that was
not in the PZAB staff report. The applicant, responding to the needs of the Sandtree
Plaza Office development and to better direct thru-traffic from utilizing the Sandtree
Residential Development, requested the PZA B determine if a waiver request for a taller
monument sign with off-site signage in the three-foot base. PZAB is in support of the
additional waiver request.
Also, the applicant made staff aware after the PZAB staff report was written that they
need to request a grace period in the timing of the plat approval. Therefore, PZAB did
not make a recommendation for waiver #IO. Staff continues to recommend that the
applicant remove the secondary loading zone from the site plan.
STAFF RECOMMENDATION
At this time, Staff recommends approval of Ordinance 30, 2007 and Resolution 106,
2007 with five (5) waivers and denial of five (5) waivers, based on the following findings
of fact, which is subject to the following conditions of approval:
18
Date Prepared: September 13, 2007
Meeting Date: October 18, 2007
Ordinance 30, 2007 and Resolution 106, 2007
Staff notes that there are several outstanding conditions (#I through #5) that
must be addressed prior to Council consideration of Resolution 106, 2007. The
resolution will be finalized for consideration by Council at second reading of
Ordinance 30, 2007. Therefore all conditions of approval are subject to revision,
and additional conditions of approval may be added.
Unresolved Issues
1. The Applicant shall remove the secondary loading zone at the northwest corner
of the building. The applicant shall remove the loading dock area out of sight of
the driveway to the Sandtree Plaza office building and replace with landscaping
up to the vehicular site line. (Planning & Zoning)
2. The applicant shall revise the light pole detail (Sheet 4 of 7) for conformance with
Ordinance 26, 2006 which specifies that the maximum height of the fixture, for
pedestrian areas, shall be 12 feet. The detail currently indicates 15 feet for the
height of fixture in pedestrian areas. (City Engineer)
3. Prior to final City Council approval, the applicant shall provide a signed and
sealed photometric plan which meets City land development regulations. (City
Engineer)
4. Prior to final City Council approval, the applicant shall revise the engineering plan
for consistency with the revised site plan (Sheet 5) by revising the radii of the
southwest curb at the project entrances to meet the minimum 30’ in accordance
with Section 78-508 of the LDR. (City Engineer)
5. Prior to final City Council approval, the Applicant shall revise the site plan and
landscape plans to show a corridor for wire utilities and provide the proposed
locations of switch cabinets and transformers. (Seacoast Utilities)
Planning and Zoning
6. If the Applicant is proposing Art in Public Places on-site, and the art is not
installed prior to the issuance of the first Certificate of Occupancy or by the date
included in the approved art resolution, the City shall have the option of
withdrawing the escrow. (Planning & Zoning)
7. All on-site lighting shall be cast downward and shielded from adjacent properties.
(Planning & Zoning)
8. At no time shall staging of construction vehicles and/or service vehicles occur
within a public right-of-way. (Planning & Zoning)
9. Prior to the issuance of any clearing permit, the Applicant shall install an orange
construction fence along the south property boundary prior to the installation of
the buffer wall in that location of the subject site. Additionally, within 10 days of
the issuance of the clearing permit, the applicant shall install a six-foot tall fence
with an opaque privacy tarp around the perimeter of the remainder of the
property. Once installed, these fences, walls or any portion thereof, shall not be
19
Date Prepared: September 13,2007
Meeting Date: October 18, 2007
Ordinance 30, 2007 and Resolution 106, 2007
removed unless authorized by the Growth Management Department. (Planning &
Zoning )
7O.Prior to the issuance of the first building permit for vertical construction, the
Applicant shall complete the following off-site improvements or submit surety, in
a form acceptable to the City Attorney, in an amount equal to 110% of the
estimated cost of any outstanding improvements, which include: the Sandtree
Residential development entry road enhancements; the Sandtree Residential
gateway signage; the Home Depot retention area aeration and water quality
enhancements; and construction of an emergency vehicle-only entry gate at the
access connection of the Sandtree Plaza Professional Office PUD and Sandtree
Residential Development, which includes the appropriate signage for a dead end
at the entry of the Sandtree Residential Development, as determined by the
Police Department, Fire Rescue and City Engineer. (Planning & Zoning)
11.Prior to the issuance of a Certificate of Occupancy for the Gander Mountain
PUD, all roof top mechanical equipment shall be screened from view, and more
specifically from 1-95 and the 1-95 exit ramp. (Planning & Zoning)
72.Prior to the issuance of a Certificate of Occupancy for the Gander Mountain
PUD, the Applicant shall provide fountains including aeration within all wet
detention areas on-site. (Planning & Zoning)
73.Prior to the issuance of a Certificate of Occupancy for the Gander Mountain
PUD, the applicant shall provide a perpetual cross-access easement to provide
for the potential future access between the Northlake Commons Shopping
Center and the subject site. The future cross access drive shall be barricaded
with landscape andlor pipe bollards until such a time that the City determines a
connection is beneficial to the public and has been reviewed and approved by
the Police Department and the site plan for Northlake CommonslHome Depot
shall be appropriately amended. (Planning & Zoning)
74. The Applicant shall coordinate and receive approval from the Growth
Management Administrator prior to the closing of any public sidewalk. (Planning
& Zoning)
15.Within 60 days of issuance of a building permit for vertical construction, the
Applicant shall have a completed, approved by the City Council and recorded
plat for the subject property. If said plat is not approved and recorded in the time
period and manner acceptable to the City, the City may cease issuing building
permits and/or Certificates of Occupancy until the plat is approved and recorded.
(Planning & Zoning)
16.No outdoor storage, repair, sales or display shall occur at anytime, unless
approved by the City Council. (Planning & Zoning)
20
Date Prepared: September 13,2007
Meeting Date: October 18, 2007
Ordinance 30, 2007 and Resolution 106, 2007
17.All common areas within the PUD, including, but not limited to, parking,
landscaping and drive aisles shall reflect unity of control. (Planning & Zoning)
18.No window signage shall be visible on the west side of the building at any time,
unless approved by the Growth Management Administrator. (Planning & Zoning)
City Forester
79. Prior to the issuance of the first clearing permit, the Applicant shall install barriers
to protect the on-site vegetation. (City Forester)
20.Prior to the issuance of the first clearing permit, the Applicant shall submit a
relocation plan for the Sabal Palms and oak trees for approval by the City
Forester, identifying the exact quantities, locations, and methods of relocation for
all trees to be preserved. Prior to the issuance of a Certificate of Occupancy, the
Applicant shall submit a post-relocation plan, which will show the final locations
of all relocated trees identified in the relocation plan. (City Forester)
21. Prior to the issuance of the first clearing permit, the applicant shall relocate all
encroachments and utilities, including cable and telephone, to the proper areas
to allow the landscaping buffer to be planted with minimal interruption of services
to the adjacent properties. (City Forester)
22.Prior to the issuance of the first clearing permit, the the Applicant shall provide
surety, in a form acceptable to the City Attorney, in the amount of 110% of the
estimated cost for landscaping. (City Forester)
23.Prior to the issuance of a building permit for any vertical construction, the
applicant shall complete the eight-foot tall perimeter wall as shown on the Master
Plan and the buffer landscape and irrigation south of the wall adjacent to the
Sandtree residential community to the satisfaction of the City. (City Forester)
24.Prior to the issuance of the first building permit for the Gander Mountain PUD,
the Applicant shall remove all prohibited and invasive non-native plants from the
site. (City Forester)
25.Prior to the issuance of the first building permit for vertical construction, the
Applicant shall submit FP&L- and SUA-approved landscape plans for review and
approval by the City. (City Forester)
26.Prior to the issuance of a Certificate of Occupancy for the Gander Mountain
PUD, the Applicant shall install all required buffer plantings and roadway
landscaping, including irrigation, in accordance with the approved landscape
plan. (City Forester)
21
Date Prepared: September 13, 2007
Meeting Date: October 18, 2007
Ordinance 30, 2007 and Resolution 106, 2007
27.The eight-foot tall perimeter wall shall be a color to match the building and
acceptable to the Growth Management Department. The concrete material shall
be painted with a graffiti resistant paint. The applicant, successors and assigns
shall remove any graffiti within 48 hours, or within an acceptable time frame as
coordinated through the applicable City department. (City Forester)
28. The applicant shall replace any vegetationlfencing removed from the adjacent
property (Northlake Commons) during the construction and installation of the off-
site drainage structures to the satisfaction of the City Forester and City Engineer.
(City Forester)
29.A minimum of 300 Sabal Palms and a minimum of 25 oak trees shall be
relocated or protected on site. The City shall have the option to salvage any
vegetation in harms way for public use that will not be used in future landscaping
on the site and to have said vegetation transported by the Applicant to public
sites specified by the City, and at no cost to the City. (City Forester)
30. In the event of failure of any of the preserved Sabal Palms or Live Oaks, either in
place or relocated on-site, such trees shall be replaced on a one-to-one basis.
Sabal Palms shall be replaced with a 12’ C.T. and all oak trees replaced with at
least 18 foot tall oaks. (City Forester)
City Engineer
31.The applicant shall provide the City Engineer with copies of correspondence to
and from regulatory agencies regarding issues on the Gander Mountain PUD.
(City Engineer)
32. Prior to the commencement of construction, the applicant shall provide all
necessary construction zone signage and fencing as required by the City
E ng i nee r. (City E ng in ee r)
33,Prior to construction plan approval and the issuance of the first land
clearingpermit, the Applicant shall provide a cost estimate and surety in
accordance with LDR Sections 78-309 and 78-461, and a cost estimate for on-
site project improvements, not including public infrastructure or landscaping and
irrigation costs for review and approval by the City. The cost estimates shall be
signed and sealed by an engineer and/or a landscape architect licensed in the
State of Florida and shall be posted with the City, prior to the issuance of the first
land alteration permit. (City Engineer)
34. Prior to construction plan approval, the Applicant shall schedule a pre-permit
meeting with City staff. (City Engineer)
22
Date Prepared: September 13,2007
Meeting Date: October 18, 2007
Ordinance 30, 2007 and Resolution 106, 2007
35.Prior to the issuance of the first clearing permit, the Applicant shall provide a
signed and sealed pavement marking and signage plan, or provide the same on
the engineering plans. (City Engineer)
36. Prior to the issuance of the first clearing permit for the project the Applicant shall
provide a copy of the NPDES permit for the project and implement the approved
Stormwater Pollution Prevention Plan elements. (City Engineer)
37.Prior to the issuance of the first clearing permit, the Applicant shall provide
construction plans, including, but not limited to, paving, grading, and drainage
plans 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 an engineer licensed in the
State of Florida. (City Engineer)
38.Prior to the issuance of the first clearing permit, the Applicant shall provide a
letter of authorization from the utility companies allowing landscaping and light
poles within their easements. (City Engineer)
39. The applicant shall comply with all Federal Environmental Protection Agency and
State of Florida Department of Environmental Protection permit requirements for
construction activities. (City Engineer)
40.Within 90 days from the date of this Resolution, exclusive of the clearing, tree
relocation and wall construction permit, the Applicant shall complete the right turn
lane (excluding final lift of asphalt) at the project entrance. If said turn lane is not
completed in a time period and manner acceptable to the City, the City may
cease issuing building permits and/or Certificates of Occupancy until the turn
lane is completed. (City Engineer)
41. The construction, operation, and/or maintenance of any elements of the Gander
Mountain PUD shall not negatively impact the existing drainage of the
surrounding areas. If at any time during development it is determined by City
staff that any of the surrounding areas are experiencing negative drainage
impacts caused by the development of Gander Mountain, it shall be the
applicant’s responsibility to resolve said impacts in a period of time and a manner
acceptable to the City. If said impacts are not remedied in a time period and
manner acceptable to the City, the City may cease issuing building permits
and/or Certificates of Occupancy until all drainage concerns are resolved. (City
E ng i nee r)
42.The build-out date for the Gander Mountain PUD shall be December 31 , 2009,
unless extended in accordance with City Code Section 78-61. (City Engineer)
23
Date Prepared: September 13, 2007
Meeting Date: October 18, 2007
Ordinance 30, 2007 and Resolution 106,2007
43.The Applicant shall comply with any and all Palm Beach County Traffic Division
conditions as outlined in PBC Traffic Division equivalency and concurrency
approval letters. (City Engineer)
44.Prior to approval and issuance of the first permit for vertical construction, the
Applicant shall provide an executed copy of the cross access agreement with the
office parcel at the southwest corner of the proposed development and include
an ingress/egress easement dedicated for the perpetual use of the Sandtree
Office Complex, successor and assigns on the “Gander Mountain at Sandtree”
plat. (City Engineer)
45.Prior to approval and issuance of the first permit for vertical construction, the
Applicant shall provide evidence that all existing fences and other
encroachments from the Sandtree development have been removed to the
satisfaction of the City. (City Engineer)
Police Department
46.Prior to the issuance of a Certificate of Occupancy, all associated on-site lighting
shall be installed including exterior pedestrian walkway lighting. All on-site lighting
shall consist of metal halide or equivalent lighting approved by the Police
Department. (Police Department)
47. Within seven (7) days of the issuance of the first clearing permit, the Applicant shall
provide a gate at the temporary construction entrance. (Police Department)
48.Prior to the issuance of the first building permit, the Applicant shall submit a
construction site security and management plan for review and approval by the
Police Department, which shall include access to web cam on site during
construction and after hours site security will be provided once the building is
enclosed to a point where as the building will obscure the site lines of the web
cam. Noncompliance with the approved security and management plan may
result in a stop-work order for the PUD. (Police Department)
49.Prior to the Construction plan approval, the Police Department shall review and
approve the locations of the crash gates, pipe bollards, security grilles, and burglar
bars. Prior to the issuance of a building permit, the Applicant shall submit a detailed
Security Plan for review and approval of the Police Department.(Police Department)
50. Prior to Construction plan approval, the number and location of all security cameras
both interior and exterior to the building will be determined and reviewed by the
Police Department. (Police Department)
51. Prior to the issuance of a building permit, the Applicant shall submit construction
plans demonstrating that all entry doors (non-glass single/dou ble) are equipped
with astragal over the threshold of the locking mechanism and case hardened
24
Date Prepared: September 13, 2007
Meeting Date: October 18, 2007
Ordinance 30, 2007 and Resolution 106, 2007
deadbolt locks are provided on all exteriorhnterior doors with a minimum one (1)
inch throw or mechanical interlock. Doors secured by electrical operation shall
have a keyed-switch or signal locking device to open the door when in the locked
position. Exterior doors shall have a holding force of at least 10001bs. Door
hinges shall employ non-removable hinges, and the main entries to the building
shall be wired for close-circuit digital camera surveillance system. (Police
Department)
52. Prior to the issuance of a Certificate of Occupancy, lighting locations and building
addresses shall not conflict with landscaping, including long-term tree canopy
growth. (Police Department)
53.Prior to the issuance of a Certificate of Occupancy for Gander Mountain,
numerical addresses shall be placed at the front and rear of the building. Each
numerical address shall be controlled by a photoelectric device during the hours
of darkness, or as otherwise approved by the Police Department. All addresses
shall provide for bi-directional visibility from a public right-of-way and shall consist
of twelve (12) inches in height and shall be a different color than the color of the
surface to which it is attached. (Police Department)
54.Prior to the issuance of a Certificate of Occupancy for Gander Mountain, the
Applicant shall place roof top numbers parallel to the addressed street on the
building, only visible from the air. The numerals should be white blocked lettered,
weather resistant material, four feet in height and 18 inches wide. (Police
Department)
55.Prior to the issuance of a Certificate of Occupancy for Gander Mountain, the
Applicant shall provide a timer clock or photocell sensor “dusk to dawn” engaged
lighting above or near the entryways, on all four sides of the building and at all
adjacent to all pedestrian pathways within the PUD. (Police Department)
Miscellaneous
56. Prior to the issuance of the first building permit, the Applicant shall address the fire
flow requirements for the project to the satisfaction of the Director of Operations of
Seacoast Utilities. (Seacoast Utilities)
57. Prior to the issuance of the first vertical building permit, the Applicant shall obtain
off-site easements from both the Northlake Commons project and the Sandtree
Plaza property the south in order to make water and sewer connections.
(Seacoast Utilities)
58.Within 60 days of the issuance of the first vertical building permit, the applicant
shall submit digital files of the approved plat to the Planning and Zoning Division.
Approved civil design and architectural drawings, including floor plans, shall be
submitted prior to the issuance of the first Certificate of Occupancy for the
25
Date Prepared: September 13,2007
Meeting Date: October 18, 2007
Ordinance 30, 2007 and Resolution 106, 2007
building, or as otherwise accepted by the GIS Manager. (GIs Manager,
Development Compliance Officer)
59.The Applicant shall be required to notify the City’s Public Works Division via fax
at least ten (IO) working days prior to the commencement of any
worklconstruction activity within any public right-of-way within the City. In the
case of a City right-of-way, the property owner has at least five (5) working days
to obtain a right-of-way permit. Right-of-way permits may be obtained at the
Building Division. Failure to comply with this condition may result in a stop-work
order of all worklconstruction activity within the public right-of-way and the
subject site. (Public Works)
26
EXISTING ZONll
EXISTING USE
Su biect Property
Vacant
North
Northlake Commons
Shopping Center/Home
Depot
South
Sandtree Residential
DevelopmentISandtree
Plaza Office Development
West
1-95
East
Date Prepared: September 13, 2007
Meeting Date: October 18, 2007
Ordinance 30, 2007 and Resolution 106, 2007
TABLE I
G AND LAND USE DESIGNATIONS
ZONING I LAND USE
General Commercial Commercial
(GC) (C)
General Commercial
(GC)
Commercial
(C)
Residential Medium (RM)/
Professional Off ice (PO)
Residential Medium (RM)/
Professional Off ice (PO)
Right of Way Right of Way
PBC Residential Medium
(RM)
PBC High Residential - 12
Units per acre (HR-12)
I
27
Date Prepared: September 13,2007
Meeting Date: October 18, 2007
Ordinance 30, 2007 and Resolution 106,2007
Code Requirement I Proposed Plan Consistent?
Site = I I
Maximum Building Lot
Coverage: 35%
Minimum Site Width
100 feet:
21 % Yes
961 feet
Setbacks:
Front: 50 feet
Side: 15 feet
Rear: 15 feet
Yes
Front: 750 feet
Side (S): 100 feet
Side (N): 160 feet
Rear: 40 feet
Maximum Building Height:
36 feet
32.5 feet Yes
Yes
Parking Required: 480 480 spaces
28
Yes
NEW STORE SECURITY MEASURES
1. Exterior Considerations
a. Lighting - securify lighffng around building for night lighting
6. Bollardslcrash gates - at all ground level openings
c. Gates - roll down perforated metal at front and side doors, segmented rod or
glass film on all window openings
d. Gas Pipes and Guffers- fastened to building to prevent climbing
e. Outside Storage Areas - securify mesh used to prevent access, alarm cables to
secure display merchandise like A Ns, boatsf etc.
2. Interior Considerations
a. LighfingLAlarm Interface Panel - panel tied to burglar system turns all lights on
6. Cash OfRce - wall to deck or solid ceiling
c. Firearms Department - rifles and shotguns are open merchandised in a special
“comlled” area with tether, frigger lock and €AS fag
d. Firearms Stockroom - plywood walls to deck
e. Firearms Handgun Fixtures - specially made Lexan cases to resist attack for 3-5
minutes
3. Doors, Windows and Other Openings
a. Front Entrance - perforated metal roll down gates, with bollards out front
6. Emergency Exits: Sales Floor - AI1 heavy duty doors and hame, with non-
removable hinges pins, securify stud hinges, 3point alarming exit locks and 15
second delayed egress
c. Emergency Exits; Non-Sales Floor - All heavy duty doors and frame, with non-
removable hinges pins, securify stud hinges, 3-point alarming exit locks
d. Outside Storage - protected wifh securify mesh, 3-point alarming exit locks and
15 second delayed egress, CCN coverage
e. Burglar Bars - used on all openings larger than 8” other than doors and windows
4. Burglar 6 Fire Alarm Systems
a. Door contacts and motion for all perimeter openings
6. Additional protection provided in firearms department and stockroom
c. Digital dialer backed up by a cell phone system
d. Monitored by a central station 2dn
e. Tied into lighffng system - turns all lights on, including parking lot, in alarm
f. Tested quarttedy by store personnel
5. Closed Circuit Television Systems (CCN)
a. Archive system - not roufinely monitored
6. Digital Wdeo Recorders (3) allow up to 48 cameras
c. 30 - 60 video retention
d. Cameras cover all cash registers, perimeter access pointsf 1WA of firearms
department, stockrooms, receiving area, building exterior
6. Merchandise Protecfion Strategies
a. Electronic Alticle Sunreillance Systems (EAS) - Used at store front as a shoplifting
defemnf, most high risk merchandise and all flnearms have an €AS tag
6. High risk merchandise has securify wraps wifh alanns, plastic keeper boxes or is
kept in secured showcases
C:u)ocuments and SefthgskteppOOl \Local Settings\Ternporafy Internet Files\Content.Out~MO3lFl CPmGANDER MTN SECURITY
MEASURES.doc
Cotleur & Hearing -
Monday, July 16,2007
Revised Friday August 3, 2007
Revised Wednesday August 29,2007
Gander Mountain Retail
Narrative - Rezoning to CPUD & Site Plan Approval
Introduction:
Oppidan, KTJ Limited Partnership 167, Inc. (the Applicant), is requesting approval from
the City of Palm Beach Gardens for a Planned Unit Development Overlay District (PUD)
for a 13.18 acre property located on the west side of Sandtree Drive and east of
Interstate 95 in the City of Palm Beach Gardens. The property is just south of Northlake
Boulevard. The Applicant is also seeking a Zoning Text Amendment to modify the City's
Land Development Regulations to allow for undercover retail sales for boats.
The property currently has an underlying future land use designation of Commercial.
The Applicant is permitted-by-right to develop a commercial/retail use with the current
CG1 zoning designation but is required to apply for a Planned Unit Development overlay
designation as specific waivers will be requested for signage. Due to the current City
policy to not allow for the conversion of commercial property to residential uses, the
petitioner finds this proposed use to be fully compatible with the surrounding
commercial uses to the north, the roadway (1-95) to the west and the adjacent office
use to the south. The use has been programmed to provide sufficient buffering from
the residential uses located to the southeast of the site.
Concurrent with the request for approval of a Commercial Planned Unit Development
district overlay designation and site plan approval the Applicant is requesting a zoning
text amendment to allow for the retail sale of boats to be permitted in the CG1 zoning
district. Numerous surrounding jurisdictions and the County allow for boat sales in what
would be a similar/consistent general commercial zoning district. Currently, outdoor
boat display and sales are allowed in CG2 zoning district in the Gardens. Approval of
this request (with appropriate mitigation measures to ensure on- and off-site impacts
are sufficiently addressed) is appropriate for large format retail users that incorporate a
variety of sales at one location.
The site is accessed from a +/- 500 foot long entry drive that ties into Sandtree Drive.
Traffic concurrency has been established for this use at the intensity proposed as
provided for by Palm Beach County Traffic Engineering Department. The Site Plan has
been programmed so as to incorporate cross-connectivity to the adjacent professional
office use located to the south of the subject site and provide ample buffering between
the adjacent residential uses to the south and southwest. An on-site retention lake has
been located between the residential uses to the south and the retail center.
Gander Mountain
CPUD/Site Plan Approval
Submitted: August 01,2007
Project Contact
All correspondence for these requests should be directed to the Agent for the applicant:
Cotleur & Hearing Inc.
Donaldson Hearing, ASLA
1934 Commerce Lane, Suite 1 Jupiter, Florida 33458
Phone: (561) 747-6336 Ext. 113
Specific Requests and Fees
Rezoning CPUD and Site Plan (Base Fee)
Fax: (561) 747- 1377
$3,000.00
Engineering Escrow $3,000.00
Total Fees $7,000.00
Legal Escrow $1,000.00
The Proposed Use
Gander Mountain is an outdoor goods retailer that has numerous store locations
throughout 22 states including Minnesota, North Dakota, Texas and more recently
Florida. The store provides a vast array of retail items for hunting, fishing, camping and
outdoor recreation. In addition to clothing and supplies they sell all terrain vehicles
(AT%) and sport and leisure watercraft (boats). They offer servicing for the vehicles
they sell which makes up approximately 1% of their overall business. The Applicant has
identified this property as being the most amenable site for this type of use which is to
be located along the east side of 1-95. This is a lifestyle center that provides many of
the recreational amenities that South Floridians are accustomed to whether it involves
on-land or on-water recreational activity. Gander Mountain is an established and well-
recognized vendor in this growing market.
Landscaping
All property boundaries have been provided with sufficiently planted buffers and screen
walls (when adjacent to residential uses) to mitigate for any potential visual and sound
impacts to the adjacent properties. A 2-3 foot high berm has been specified along 1-95
for the purpose of hiding the field of parking at the front of the center. Landscape
diamonds shall be introduced throughout the parking lot to provide shade and to break
up the parking field. A strong native theme shall be used complement the outdoor
recreational use being proposed. The center's frontage shall be planted with larger
material to compliment the massing of the front fa~ade.
Pedestrian Connectivity
The pedestrian network consists of a five foot wide sidewalk that commences at
Sandtree Drive and terminates at the main entrance to the retail center. A paver drive
aisle located along the front of the center will provide for traffic calming for patrons and
employees moving between the parking lot and the center.
19Y Cornrn.rc. Lam , 531. t . Jupl1.r. FL ' 33458
361.747633S , 661.747.1377 2
F:Vroject Documents\07-0320 Gander MountainMpplications and SubmittalsUustification statementPUD-SP 8.29.07.d~
Gander Mountain
CPUD/Site Plan Approval
Submitted: Auaust 01.2007
Parking
The center requires up to 480 parking spaces which have been provided away from the
adjacent residential properties. The site meets all Americans with Disabilities Act
requirements for access to the adjacent off-site sidewalk system and throughout the site
from the physically challenged parking spaces to the public entrances into the center.
Parking spaces are provided at the 9.5 foot wide by 18.5 foot long standard size with 25
foot wide travel aisles.
Architecture
The Applicant has engaged a local architect to assist with creating an enhanced building
appearance that incorporates Gander Mountain‘s signature rustic appearance and
nationally recognized signage with significant horizontal and vertical movement with the
materials and elements along those facades visible from 1-95 and from the north. The
use of varying colors and textured materials further enhances this use and provides
significant visual interest for motorists passing along 1-95 as well as for patrons of the
center. Vertical elements have been added to further add visual interest to the building
fasade on all sides.
Signage
Gander Mountain has certain signage standards that they try to adhere to with their
nationally recognized logo C‘Gander Mtn”) at each of their facilities and have made
numerous concessions to adhere to the requirements of the City‘s LDRs, specifically
code section 78-285 for the size, and number of signs permitted. Also, due to the
unusual site configuration and point of ingress/egress for the property the petitioner will
be seeking to locate a monument sign at Sandtree Drive. A waiver will be required to
satisfy the insufficient property frontage necessary to facilitate such a sign. This use
located along 1-95 should have clear name recognition and due to the limited access
opportunities to the site, it is necessary that additional principal tenant identification be
provided for new patrons and part-time residents unfamiliar with the location of this site.
Waivers Requested
The petitioner is requesting eight (8) waivers from section 78-285 of the City’s LDRs for
the additional principal tenant and directional signage and increased building height for
the building and a reduced lake maintenance tract wiaver for the site as outlined herein:
Section78-
I INTERSECTIONS I 5Wb)
Cotleur &. Hearing
1934 Cornmrc. Lam . Sull. 1 . Jupl1.r. FL 33438
311.747 6336 . 56?.7&7.137?
Proposed new
intersections along
one side of an
existing street shall
where practicable,
coincide with any
existing intersections
on the opposite side
3
Request to offset
proposed driveway
access point a
maximum of 28 feet
intersection
alignment due to
existing property
boundary condition
and limited
opportunities to
modify property
boundary
F:\Project Documents\07-0320 Gander Mountainblpplications and SubmittalsUusti fication statementPUD-SP 8.29.07.d~
Gander Mountain
CPUD/Site Plan Approval
Submitted: August 01,2007
SIGNS - SIGN
PROGRAM
SIGNS - SIGN
PROGRAM
SIGNS - SIGN
PROGRAM
SIGNS - SIGN
PROGRAM
SIGNS - SIGN
PROGRAM
SIGNS - SIGN
PROGRAM
LAKE MAINTENANCE
TRACTS
Section 78-285
(table 4)
Justifications for Eight (8) Waiver Requests
Section 78-285
(table 4)
Section 78-285
(table 4)
Section 78-285
(table 4)
Section 78-285
(table 4)
Section 78-285
(table 4)
Section78-
563(e)
One (1) 36" high
Principal Tenant Sign
90 square feet
maximum sign face
area for principal
tenant signage
Not Permitted
Not Permitted
Directional signage
sign face area
maximum of 16 s.f.
Separation of
monumnet sign from
residential property
(50 min.)
Permanent
improvements are
prohibited within lake
maintenance
easements
Request to add up to
(3) additional
principal tenant signs
Four (4) principal
tenant signs to be
greater in area
than the permitted
90 s.f. (1 sign at
240 s.f., 3 signs at
135 s.f.)
Allow for specific
product signage
Allow for brand
name signage
Provide up to 2
direction signs larger
than 4' x 4'
Reduce separation
from residentially
zoned property to 10'
Request to add
additional plantings
within the lake
maintenance
easement along the
west, east and south
sides
Relief to add three
additional signs one
on each building
elevation
Relief of 150 s.f.
for 1 principal
tenant sign and
45 s.f. for 3
principal tenant
signs
Request 11
tagline signs
indicating the
types of products
sold
Request 3 name
brand signs for
products sold
Relief of sign face
area requirements
for 2 directional
signs
Relief of 40' for
separation due to
odd parcel shape
(limited frontage on
Sandtree Drive)
Addition of plantings
within the LME in
order to provide
adequate planting
areas for relocated
native trees and
newly planted street
trees
1. Intersections - Waiver to allow for up to 28 feet of offset between
project drive and existing street intersection at Sandtree Drive and
Constellation Blvd..
Relief is sought from the alignment requirements of Section 78-508(b) New
Intersections to allow for the principal point of access to the subject site to
remain on site, and to limit impacts to adjacent developed properties. The
Petitioner is seeking relief from the above referenced section as limited
opportunities exist to reconfigure the adjacent commercial property's retention
area and compensate for the lake area that would be lost to align the new
driveway to the existing intersection at Constellation Boulevard. The Petitioner is
Cotleur & Hearing
1334 Cemm~rc. bn. . SMl. I . Juplw. FL . 33458
4 361.141 6316 561.111.1317
F:Vroject Documents\07-0320 Gander MountainMpplications and SubmittalsUustificatIon statementPUD-SP 8.29.07.doc
Gander Mountain
CPUDlSite Plan Approval
Submitted: August 01,2007
reviewing options that angle the subject entrance drive (within the subject site
boundary) to more closely align with the existing intersection but a true
alignment would not be possible given the location of the intersection and the
limits of the subject property boundary in relation to the intersection. The traffic
conflicts that could potentially arise due to vehicles turning left from
Constellation Boulevard onto Sandtree Drive to access Gander Mountain or the
Sandtree neighborhood are few. The predominant traffic movements from
Parkway Village onto Sandtree Drive would be right turns to access Sandtree
Drive in order to access Northlake Village. The heavy weekday times for traffic
from Parkway Village would be during the a.m. peak hours as residents went to
work and p.m. peak times when returning from work. Gander Mountain traffic
would have to watch for southbound traffic and northbound traffic and in doing
so would have clear view of the traffic condition at the Constellation Boulevard
intersection. Appropriate signage can be provided that indicates traffic exiting
the subject site must defer to left turning traffic from Constellation Boulevard to
establish a priority stop condition at the point of exit. The need to add a speed
lane on northbound Sandtree Drive from Constellation Boulevard would be
problematic given the current drainage easements and structures that currently
exist on that side of the roadway. The Petitioner believes the proposed site
design and point of ingress and egress, given the surrounding uses and traffic
patterns, will be safe and efficient.
2. Additional Principal Tenant Signage - Waiver to allow three (3)
additional principal tenant signs.
This request is made due to the proximity of the development along 1-95 and
due to the unusual point of access to the use on the property. As this use is
located along 1-95, but is only accessible from Sandtree Drive by way of
Northlake Boulevard, it is imperative that first time users (including both year-
round residents and seasonal visitors and residents) can identify the center while
traveling north on 1-95. The west facing sign will allow patrons the ability to
recognize the location and to safely exit 1-95 onto Northlake Boulevard.
Southbound travelers along 1-95 will only be able to see the north and west
facing signage once they are at the top of the Northlake Blvd. overpass and
would have to exit at Blue Heron Blvd. to return north to the use. This west
facing sign is facing a roadway and is typically supported by Staff due to that
condition.
The second principal tenant waiver sign is facing east toward the entrance to the
property over 500 feet away from the center. This sign also faces a roadway
(Sandtree Drive) and will assist patrons in identifying this use which is well away
from this point of ingress/egress.
The third principal tenant sign proposed for the south elevation will face the
adjacent commercial property to the south. This sign is proposed to assist those
Cotleur& Hearing
1034 Cornm.rc. Lana . lull. 1 , JuPII.~. FL . 13458
561 741.6336 . 56i 747 1177 5
F:\Project Documents\07-0320 Gander MountainMpplications and SubmittalsUustification staternentPUD-SP 8.29.07.d~
Gander Mountain
CPUOlSite Plan Approval
Submitted: Auaust 01.2007
traveling north on 1-95 to see the store location and allow them time to safely
maneuver to the Northlake Boulevard exit.
3. Increased Principal Tenant Signage Area - Waiver to allow increased
sign face area for all principal tenant signs.
This request is made to ensure that the signage on the building is in correct
proportion with the overall mass of the building and specifically to the mass and
scale of the enhanced entry features which incorporate log post and beam
construction. This waiver has been permitted on various developments
throughout the City where large buildings and architecture exist. The specific
request will increase the signage for the main frontage sign to 240 s.f. (150 s.f.
larger than the 90 s.f. maximum sign area) and 135 s.f. for the three (3)
additional principal tenant signs (45 feet larger than the 90 s.f. maximum sign
area).
4. Additional ”tag line” signs to be located on the north elevation. This
request is made to allow for additional product identification on the main
frontage of the building (north elevation). Gander Mountain identifies in a tag
line products such as ”camping, boating and fishing” along a band at the front of
their stores. This is a standard that exists on all of their stores and helps patrons
understand the outdoor nature of the retailer. This signage is not permitted by
LDR Section 78-285 unless permitted by waiver, and it is appropriate for a large
building as proposed by the petitioner. There are a total of eleven (11) tag line
signs across the north face of the building identifying products offered by the
retailer.
5. Three additional ”name brand” signs to be located on the north, west
and east facades of the building. This request is made to allow for
additional product identification along 1-95, the store front and to Sandtree
Drive. The signs will be provided for ease of identification of the location where
Tracker is located within the store.
6. Increased size for directional signage.
This request is to allow for up to two (2) of five (5) directional signs to be larger
than the code maximum of 16 s.f.. This is required due to the addition of the
adjacent Sandtree Office development on the signage to effectively direct traffic
back to the office site located south of the subject property. The intent is to
provide direct access through the Gander Mountain property for the office users
to assist in relieving the Sandtree residential properties from that office traffic
throughout the day. The increased signage will ensure new clients and patrons
of the office building will be able to safely identify the most direct route to the
office buildinq.
Cotleur & Hearing
19Y Cornrn.,~. Lane . Sull. 9 . Jup1I.r. FL 33458
161 717.6336 . 561.747 1377 6
F:\Project Docurnents\07-0320 Gander MountainMppllcations and SubmittalsWustification statementPUD-SP 8.29.07.doc
Gander Mountain
CPUDlSite Plan Approval
Submitted: Augusl 01,2007
7. Monument sign requested less than minimum 50 away from adjacent
residentially zoned property.
The request to locate a monument sign at the property’s principal point of
ingress/egress is necessary due to the unusual point of access along Sandtree
Drive, and away from Northlake Boulevard. The monument sign shall be located
approximately 10 feet away from the residential property line. This wiaver is
necessary as parcel is odd shaped and there is not an opportunity to provide the
minimum separation. In response to the requirement, the Petitioner is providing
an eight (8) foot high wall adjacent to the residentially zoned property and there
are no residential properties directly adjacent to the proposed sign location. The
Petitioner is requesting relief of 40 feet from the minimum separation
requirement of 50 feet.
8. Lake Maintenance Tracts (LME) - Waiver to allow for additional
plantings (trees) within the lake maintenance tract.
Relief is sought from the lake maintenance tract requirement prohibiting the
installation of permanent improvements to allow for additional plantings (street
trees) along the west side of the LME and shrubs along the south end of the LME
adjacent to the perimeter wall. The configuration of the plantings will provide
for necessary access to the lake and allow for maintenance of the lake bank.
The area along the retaining wall along the west side of the lake is fully
accessible from the adjacent roadway and the proposed plantings shall be Foxtail
Palms lining the roadway. A retaining wall shall line the west side of the lake
negating lake bank maintenance along that edge.
Civil Engineering Considerations
The petitioner has an established legal point of outfall to the adjacent Home Depot
property and ultimately to Sandtree Drive by way of existing/established easements. In
order to adhere to the stage storage requirements of South Florida Water Management
District, the Petitioner has provided two on-site lakes. The southernmost lake is located
in the southwest corner of the site effectively providing additional distance between the
retailer and the adjacent residential dwellings located to the south and southwest
(Sandtree PUD). The second smaller lake is located at the north end of the property.
Zoning Text Amendment:
Oppidan, Inc./KTJ Limited Partnershipl67, (“Applicant”), applicant for Petition
PPUD-07-05-000014: Gander Mountain Retail, is requesting an amendment to the City of
Palm Beach Gardens C‘City’’) Land Development Regulations (“LDRs”) to create a new
use category within the LDRs to allow for the sale of boats, watercraft and all-terrain
vehicles as a Major Conditional Use within the General Commercial (CGl) zoning district
only as an ancillary component of a principal use permitted within the zoning district,
subject to certain criteria.
Cotleur & Hearing
7
F:\Project Docurnents\07-0320 Gander Mountain\Applicat~ons and SubmittalsUusti fication staternent PUD-SP 8.29.07.doc
Gander Mountain
CPUDlSite Plan Approval
Submitted: August 01,2007
Backsround
Section 78-159, Table 21 of the LDRs, entitled ”Permitted, Conditional and Prohibited
Use Chart” contains use categories for Boat and Marine Sales, which is permitted only in
the Intensive Commercial District (CG2), and for Motorcycle Sales and Service, which is
permitted in CG2 and the Light Industrial District (MlA).
Boat and Marine Sales is defined in the LDRs as “an establishment engaged in the sales,
rental, repair, maintenance, and service of watercraft, including powerboats, sailboats,
and personal watercraft, and the retail sale of items associated with boating and marine
activities.”
Motorcycle Sales and Service is defined as “an establishment engaged in the sale, rental,
maintenance, service, and repair of new or used motorcycles.” It should be noted that
“motorcycles” is not defined in the LDRs.
Petition PPUD-07-05-000014: Gander Mountain Retail
The Applicant has submitted a Planned Unit Development/SitePlan application to the City
to allow for the construction of a 120,000 square-foot retail facility C‘Facility”) on a
13.18 - acre site located within a CG1 zoning district. The building will be occupied by a
major outdoor goods retailer known as ”Gander Mountain.”
Gander Mountain is an outdoor goods retailer with numerous store locations throughout
22 states including Minnesota, NorthDakota, Texas and more recently Florida. The store
provides a vast array of retail items for hunting, fishing, camping and outdoor
recreation. In addition to clothing and supplies, Gander Mountain offers the sale of
boats, watercraft, and all-terrain vehicles.
Permitted Use Issues
As part of the development review process for the Facility, it was made known by the
Applicant that it intended to offer the sale of boats, watercraft and all-terrain vehicles as
an ancillary component of the Facility’s primary use (the retail sale of items for hunting,
fishing, camping and outdoor recreation). (It is important to note that Cily staff has
indicated that the proposed sale of boats and watercrafl is classified under the “Boat
and Marine Sales”“ use category, and the proposed sale of all terrain vehicles is classified
under the ”Motorcycle Sales and Service” use category.) In response, City staff made a
determination that the sale of boats, watercraft and all-terrain vehicles is not permitted
within the CG1 zoning district, based on the fact that Boat and Marine Sales and
Motorcycle Sales and Service are not permitted within said district.
Cotleur& Hearing
8
F:\Project Docurnenls\07-0320 Gander Mountain\Applications and SubrnittalsUustification staternentPUD-SP 8.29.07.d~
Gander Mountain
CPUDlSite Plan Approval
Submitted: August 01,2007
LDR Text Amendment
It is the Applicant’s position that such proposed sale of boats, watercraft and all-terrain
vehicles as an ancillary component of a primary large-scale retail use, does not meet the
definition of Boat and Marine Sales and Motorcycle Sales and Service as defined in the
LDRs. Further, the applicant believes that such use is consistent with the intent and the
general requirements of the CG1 zoning district, as identified in Section 78-147 of the
LDRs, entitled “CGl-General Commercial District” (please see ‘Yustificaati0n”section of
this document).
Accordingly, the Applicant is hereby proposing a text amendment to the City’s LDRs to
allow for the sale of boats, watercraft and all-terrain vehicles as an ancillary component
of a principal use permitted within the CG1 zoning district, subject to certain criteria,
including a Major Conditional Use approval by the City Council. (It should be noted that
said criteria includes a requirement that all sales, storage and dsplay take place
completely within the enclosed, undeF air poflion of the building). The A p p I i ca n t
believes that the criteria being proposed will provide the City with the needed
safeguards to ensure that the proposed use maintains consistency with the intent of the
CG1 zoning district.
Proposed LDR Text Amendment Lanquaqe
The Applicant is proposing that the following amendment to the text of the City’s LDRs:
I<F,TAIL & COMMERCIAL.?^
Boat,
and ATV+
Ancillar .Ir
- 13 Nl
A e -
Section78-159,Ta ble3l:Permitted,ConditionalandProhi bitedUseChart
Cotleur & 0 Hearing
1934 commerc. L.n. . Suile 1 . Jupller. FL . 33458
561.747.6336 561.747.1377 9
F:Vroject Docurnents\07-0320 Gander Mountainblpplications and SubrnittalsUusti fication staternentPUD-SP 8.29.07.d~
Gander Mountain
CPUDlSite Plan Approval
Submitted: August 01,2007
*******
Section 78-159. Permitted uses, minor and major conditional uses, and
prohibited uses.
(j) Additional standards, The following standards apply to specific uses as
indicated in the 'Note" column of Table 21. *******
{13)Boat, Watercraft, and All Terrain Vehicle Sales, Ancillarv. The sale of boats,
watercraft, and all-terrain vehicles as an ancillarv component of a principal use
permitted in the General Commercial (CGl) zoninq district shall be allowed as a maior
conditional. Such ancillarv sale of boats, watercraft and all-terrain vehicles shall complv
with the criteria listed below:
a. Sales, displavs and storaqe shall be contained completelv within the enclosed,
under-air portion of the buildins.
b. There shall be no displav areas for boats, watercraft and/or all terrain vehicles that
are intended for view and/or clearlv visible from the exterior of the buildina.
c. The maximum floor area that is to be utilized for the sale, storaae or displav of boats,
watercraft and/or all-terrain vehicles, collectivelv, shall not exceed twentv-five Dercent
{25O/o) of the qross floor area of the tenant space. For calculation purposes:
1 The area to be counted towards said maximum area shall include the
area immediatelv surroundinq the boats, watercraft and/or all-terrain
vehicles;
Such areas shall be divided into a maximum of two (2) separate areas
within the tenant space: and
Areas desiqnated for the sale of accessories related to boats, watercraft
and/or all-terrain vehicles shall not be counted towards said maximum.
2.
3.
d. No repair or warranty service shall occur on-site.
Justification
As previously stated, the Applicant believes that the proposed use, Boac Watercraft, and
All Terrain Vehicle Sales, Ancillaty, is consistent with the intent and the general
requirements of the CGl zoning district, and not that of the Intensive Commercial (CG2)
zoning district.
Section 78-147 of the LDRs entitled "CG-1 -- General Commercial District" reads as
follows:
Cotleur & Hearing
10
F:Vroject Docurnents\07-0320 Gander MountainMpplications and SubrnittalsUusti fication staternentPUD-SP 8.29.07.doc
Gander Mountain
CPUD/Site Plan Approval
Submitted: August 01,2007
“(a) Composition and intent. The CG-1 general commercial district provides both the
retail goods and services supplied by the neighborhood business districts and the
wider range of retail goods and services required by residents or a group of
neighborhoods. This district is not intended to be suited for outdoor sales activities.
The district shall be primarily oriented to intersections of major thoroughfares within
the city. To protect the abutting and surrounding residential areas, only certain uses
shall be permitted as provided in this article.”
*******
(d) General requirements.
(1) Enclosed activities. Sales, display, retail and business activities, and storage shall
be conducted within a completely enclosed building. Not more than 30 percent of
gross floor shall be utilized for storage of goods and merchandise.
(2) Secondhand merchandise. Sale, display, or storage of second hand merchandise
is not permitted, except as incidental to the sale of new merchandise.
(3) Retail sales. Establishments allowed as permitted or conditional uses shall sell
products only at retail.”
Applicant Comment The proposed sale of boats, watercraft, and all-terrain vehicles as
an ancillary component of a primary use will provide for a wide range of retail goods and
services required by residents and/or a group of neighborhoods; no outdoor sales
activities are permitted; safeguards are being included in the proposed text to protect
the abutting and surrounding residential areas; all ancillary sales, storage and display of
boats, watercraft and all-terrain vehicles are required to be contained within a
completely - enclosed building; no second hand merchandise will be permitted; and all
products will be sold only at retail.
Section 78-148 (a) of the LDRs entitled “CG-2 -- Intensive Commercial District” reads as
follows:
”(a) Composition and intent. The CG-2 intensive commercial district is composed of
land and structures occupied by or suitable for intensive commercial uses primarily
oriented to major arterial roadways. These districts permit uses more intensive
than those permitted in neighborhood and general commercial districts and are
intended to serve a larger area ....”
Appll’cant Comment: Applicant believes that the sale of boats, vehicles and watercraft as
an ancillary component (maximum 25% of gross floor area) of a primary use permitted
in the zoning district, subject to the proposed criteria referenced herein including the
limitation to indoor sales only, does not in any way cause the permitted primary use to
be considered a CG-2 use. Thus, the proposed ancillary use is consistent with the CGl
zoning district.
Cotleur & Hearing
11
F:Vroject Documents\07-0320 Gander MountainL4ppl1cations and SubmittaisUusti fication statementPUD-SP 8.29.07.d~
Gander Mountain
CPUD/Site Plan Approval
Submitted: August 01,2007
Conclusion
The Petitioner is seeking rezoning of a commercial property from CGl to CPUD/CGl and
site plan approval in the City of Palm Beach Gardens. The subject property is 13.18-
acres in size and is located east of Interstate 95, west of Sandtree Drive and north of
the Sandtree residential neighborhood. The applicant intends to develop a specialty
outdoor recreational retail center that will cater to various outdoor activities including
but not limited to camping, hunting, outerwear, recreational vehicles (including AlVs
and watercraft), and fish supplies. Gander Mountain is a nationally established retailer
in such goods and services and intends to meet and exceed the minimum code
requirements for building and site design programming. The petitioner intends to be a
good corporate neighbor to the existing compatible commercial and office uses located
to the north, northwest and south of the property and to the existing residential
community to the south and southwest of the site. This proposed use is consistent with
the outdoor recreational lifestyle espoused by South Floridians and specifically Palm
Beach Gardens and this use shall become a destination for residents throughout the City
and surrounding areas. As the use is located along 1-95 (a major highway) and has an
unusual point of entry, the Petitioner is requesting that additional signage be provided to
ensure residents and visitors to the City recognize the presence of the center and stop in
Palm Beach Gardens to shop. The Petitioner is anxious to work closely with Staff
throughout the approval process to ensure a successful development is achieved in the
City of Palm Beach Gardens.
Cotleur & Hearing
t9Y Cornrnerc. Lane , Sdl. 1 . Jupw. FL . 114%
12 %1.74?.6116 . 111.147.1117
F:Vroject Docurnents\07-0320 Gander Mountain\Appl~cations and SubrnittalsVust~fication staternentPUD-SP 8.29.07.doc
Cotleur& Hearing
September 20,2007
Mr. Stephen Mayer
Senior Planner
City of Palm Beach Gardens
Growth Management Department
10500 North Military Trail
Palm Beach Gardens, FL 33410
RE: Gander Mountain - Waiver Request for Increased Ground Sign Area and Off-Site Signage
Petition # PPUD-0705-000014
Dear Mr. Mayer:
This letter is written to formally request as part of Petition#PPUD-07-05-0000 14 Gander Mountain
Retail, a waiver from the City’s Land Development Regulations (LDRs), specifically Section 78-285,
Permitted Signs. The required relief from the above referenced Section of the LDRs will allow for the
inclusion of off-site signage for the adjacent Sandtree Professional Office development located to the
south of our proposed development, (which is also gains access through our property).
The Applicant is proposing an overall ground sign height of twelve (12) feet and a width of ten (10) feet.
Relief from the ground sign area requirement shall ensure that adequate sign face area is being provided
for the adjacent professional office use to the south in which their employees and clients must pass
through our site to access their property (pending completion of an on-site roadway to their property and
the closing of their existing access point).
This request is necessary to satisfy the requests of the adjacent residential property owners who share
their access road with the professional office building, and it will satisfy an outstanding condition of
approval that was specified in the original development order for the Sandtree Professional Office to find
an alternative form of access once development on this subject property was under way (Ordinance 19,
1984).
The additional sign area is required to ensure commercial and office use traffic are conveniently and
safely directed away fkom the Sandtree residential neighborhood and into and through the Gander
Mountain property. Further the increased sign height will not adversely affect the adjacent residential
community as it shall be located adjacent to an eight (8) foot tall buffer wall and mature relocated
landscape buffer plantings. The attached sketch outlines the appearance of the proposed signage.
If you have any questions or require additional information, please do not hesitate to contact me.
Sincerely,
Cotleur & Hearing, Inc.
Landscape Architects / Planners / Environmental Consultants
.b
Planner
1
GANDER MNT Campaign
-- p-- - - PALAM BEACH GARDENS FLORIDA
I .I November 13. 1984
October 16, 1984
w October 30, 1984
ORDINANCE 19, 1984
AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS,
FLORIDA, CREATING A PLANNED UNIT DEVELOPMENT
ON CERTAIN LANDS LOCATED WITHIN THE CITY TO BE
KNOWN AS SANDTREE PLAZA WITH PERMITTED USAGE
THEREOF TO BE DESIGNATED AS CPO - COMMERCIAL
PROFESSIONAL OFFICE DISTRICT, SAID LANDS BEING
DESCRIBED HEREIN IN EXHIBIT "A" ATTACHED HERETO
AND MADE A PART HEREOF; PROVIDING FOR PAYMENT
BY THE DEVELOPER TO THE CITY OF PALM BEACH
GARDENS IN THE SUM OF SIX THOUSAND (S600OJ
DOLLARS WITH SAID MONIES TO BE USED BY THE
CITY FOR IMPROVEMENT OF EXISTING PUBLIC ROAD5
IN SANDTREE SUBDIVISION; PROVIDING FOR SURETY
REQUIREMENTS FOR THE CONSTRUCTION OF PAVING,
DRAINAGE AND UTILITY IMPROVEMENTS; PROVIDING
THAT THE LANDS BEING DEVELOPED ARE IN ACCORD-
ANCE WITH A MASTER SITE PLAN ENTITLED "SANDTREE
SISTING OF TWO (21 PAGES, DATED OCTOBER 7,
1984, AND OCTOBER 9, 1984, RESPECTIVELY, WHICH
ANCE WITH THE LANDSCAPE PLAN, PREPARED BY
SISTING OF ONE (1) SHEET, WHICH I5 ATTACHED
HERETO AS EXHIBIT "C"; PROVIDING FOR REPLATTING
OF mcr ~0' OF THE SANDTREE PLANNED UNIT
DEVELOPMENT BY SUBSEQUENT RESOLUTION; PROVIDING
THAT ANY ORDINANCE IN CONFLICT BE AND THE SAME
IS HEREBY REPEALED; AND, FURTHER, PROVIDING FOR
AN EFFECTlVE DATE HEREOF.
PLAZA" PREPARED BY M. J. ANDERSON, INC. , CON-
I5 ATTACHED HERETO AS EXHIBIT "8" AND IN ACCORD-
SIMMONS & WHITE, INC., JOB NO. 84-Ol3Cl CON-
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA.
Section 1. A Planned Unit Development known as SANDTREE
PLAZA be and the same is hereby created upon lands located within
the City of Palm Beach Gardens, Florida, and more particularly
described in Exhibit "A" attached hereto and made a part hereof.
The permitted usage is hereby designated as CPO - Commercial Pro-
fessional Office District.
Section 2. Attached hereto and made a part hereof is
a Master Site Plan entitled "Sandtree Plaza" prepared by M.J.
Anderson, Inc., consisting of two (2) pages, dated October 7, 1984,
and October 9, 1984, respectively, as Exhibit "BtV; further, attached
hereto and made a part hereof is a Landscape Plan, prepared by
Simmons & White, Inc., Job No. 84-013C. consfsting of one flJ
sheet, as Exhibit "Cn. Required parking spaces shall be one hun-
dred thirty (1301 spaces on site. The Sandtree Plaza Planned Unit
Development shall be developed in accordance with the foregoing plans.
'I
v Y
Section 3. The developer of said Planned Unit
Development or its successors and assigns shall pay to the
general fund of the City the sum of SIX THOUSAND fS6,OOO)
DOLLARS, which sum of money shall be used by the City solely
for the improvements of the existing public roads located
within the Sandtree Subdivision; said monies shall be paid to
the City prior to the issuance of the initial Building Permit.
,\ // r -/' . /~-,..,
In addition thereto, the Developer, at his expense
shall grade or cause to be graded to surrounding land elevation
the contiguous tract of land designated for recreational use by
Sandtree Homeowners; and, the Developer agrees to pay to the City
as reimbursement one half of the cost of planting grass seeds thereon;
the grading work shall be performed within six 161 months of date
hereof, and reimbursement for cost of said seeding shall be made
within thirty (30) days of date the City Manager shall deliver a
detailed invoice reflecting the total cost thereof.
Section 4. No Building Permit shall be issued for a
building structure by the Building Official until the following
requirements are met by the Developer;
(a) All drainage, utility improvements and paving
plans for the Planned Unit Development shall be approved by the
City Engineer, and all building requirements in accordance with
the Palm Beach Gardens Code and requirements by other Governmental
agencies shall be met.
fb) A final replat of Tract "H" of the Sandtree Planned
Unit Development approved by Ordinance 7, 1978, shall be approved
by the City Council by subsequent Resolution.
IC) A cash bond, performance bond, letter of credit, or
escrow agreement shall be posted with the City of Palm Beach Gardens
in requisite form in a sum of money to be established for each
building or simultaneously constructed buildings in accordance
with the written recommendations of the City Engineer, as the sum
of monies necessary to assure the construction of paving, drainage
-2-
and utility improvements serving each building structure or
building structures within the Planned Unit Development, prior
to the issuance of a Certificate of Occupancy for such building
or buildings simultaneously constructed.
cash bond or performance bond shall be in the form thereof
where the City of Palm Beach Gardens may appear as an
additional insured.
Requisite form of a
Section 5. The Site Plan provides at the North line
of the Planned Unit Development an area designated as future
drive and green area.
area on a conditional basis until such time that a roadway
easement, either public or private shall be provided in perpetuity
with improvements, and location being determined by accepted
traffic engineering, land use and land planning standards over
and through contiguous lands to and from the North line of
said designated drive to either Sandtree Boulevard or Northlake
Boulevard: whereupon the present entrance from Sandtree Drive
shall be closed, and additional landscaping
The developer shall provide said green
shall be provided at said designated area by the Developer
or such entity as may have title to same.
Section 6. Implementation of the Planned Unit Develop- ..
ment shall commence by issuance of a Building Permit for the
first building structure or building structures within one (1)
year from the effective date hereof: construction of subsequent
building structures shall commence within the (101 months of
issuance of a Certificate of Occupancy on the preceding building
structure or building structures simultaneously constructed: and,
all development in the Planned Unit Development shall be completed
within three (3) years from the effective date hereof; or, the
City Council may establish an appropriate zoning classification
for the undeveloped lands: providing, however, extensions of the
foregoing time periods may be granted by the City Council by
Ordinance for good cause shown.
I-
Section 7. Any revision of the Master Site Plan or emend-
ment of this Ordinance shall be authorized by the City Council only
by subsequent Ordinance.
-3-
Section 8. The City Clerk shall designate the change
of zoning provided herein by coloring or hatching upon the official
zoning map of the City.
Section 9. All Ordinances or parts of Ordinances in
conflict herewith are hereby repealed.
Section 10. This Ordinance shall be effective upon
date of passage.
PLACED ON FIRST READING THE 18th DAY OF OCTOBER, 1984.
PLACED ON SECOND READING THE /s DAY OF "JI,,,,, \ , 1984. yi
' I'
MAYOR CO UNCI1 MA N
V IC€-MA YOR COUNCILMAN '
COUNCIL MAN
ATTEST:
LINDA ARD, CMC, CITY CLERK
..
SCHEDULE "A"
Commencing at the Northwest corner of Section 19, Township 42
South, Range 43 East; Thence S 88 degrees 01'16" E along the
North line of said Section 19 a distance of 1,339.39 feet:
Thence S 02 degrees 04'37" W2, 663.64 feet to the South line
of the Northwest quarter of said Section 19; Thence N 87
degrees 31'10" W along said South line of the N.W. 1/4 of
Section 19 a distance of 941.00 feet to the True Point of
Beginning; Thence continuing N 87 degrees 31'10" W, along
said South line of the N.W. 1/4 of Section 19 a distance
of 240.00 feet to a point in the Easterly Right-of-way line
of State Road No. 9 (1-95): Thence N 01 degrees 53'42" E
along said Right-of-way a distance of 482.01 feet; Thence S
87 degrees 31'10" E 120.00 feet; Thence S 01 degrees 53'42"W
122.00 feet; Thence S 87 degrees 31'10" E 80.00 feet: Thence
S 01 degrees 53'42" W 55.00 feet: Thence S 87 degrees 31'10"
E 40 feet: Thence S 01 degrees 53'42" w 305.01 feet to the True
Point of Beginning.
(Containing an area of 2.27 acre6 more or less).
November 13, 1984
October 16, 1984 w October 30, 1984
ORDINANCE 19. 1984
AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS,
FLORIDA, CREATING A PLANNED UNIT DEVELOPMENT
ON CERTAIN LANDS LOCATED WITHIN THE CITY TO BE
KNOWN AS SANDTREE PLAZA WITH PERMITTED USAGE
THEREOF TO BE DESIGNATED AS CPO - COMMERCIAL
PROFESSIONAL OFFICE DISTRICT, SAID LANDS BEING
DESCRIBED HEREIN IN EXHIBIT "A" ATTACHED HERETO
AND MADE A PART HEREOF; PROVIDING FOR PAYMENT
BY THE DEVELOPER TO THE CITY OF PALM BEACH
GARDENS IN THE SUM OF SIX THOUSAND ($60001
DOLLAR5 WITH SAID MONIES TO BE USED BY THE
CITY FOR IMPROVEMENT OF EXISTING PUBLIC ROADS
IN SANDTREE SUBDIVISION; PROVIDING FOR SURETY
REQUIREMENTS FOR THE CONSTRUCTION OF PAVING,
DRAINAGE AND UTILITY IMPROVEMENTS; PROVIDING
THAT THE LANDS BEING DEVELOPED ARE IN ACCORO-
ANCE WITH A MASTER SITE PLAN ENTITLED "SANDTREE
SISTING OF TWO (21 PACES, DATED OCTOBER 7,
1984, AND OCTOBER 9, 1984, RESPECTIVELY, WHICH
ANCE WITH THE LANDSCAPE PLAN, PREPARED BY
SISTING Of ONE 111 SHEET, WHICH IS ATTACHED
HERETO AS EXHIBIT "C"; PROVIDING FOR REPLATTING
OF TRACT "H" OF THE SANDTREE PLANNED UNIT
DEVELOPMENT BY SUBSEQUENT RESOLUTION; PROVIDING
THAT ANY ORDINANCE IN CONFLICT BE AND THE SAME
IS HEREBY REPEALED; AND, FURTHER, PROVIDING FOR
AN EFFECTIVE DATE HEREOF.
PLAZA" PREPARED BY M. J. ANDERSON, INC.. CON-
IS ATTACHED HERETO AS EXHIBIT "8" AND IN ACCORD-
SIMMONS & WHITE, INC., JOE NO. 84-Ol3Cl CON-
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY oF PALM BEACH
GARDENS, FLORIDA.
Section 1. A Planned Unit Development known as SANDTREE
PLAZA be and the same is hereby created upon lands located within
the City of Palm Beach Gardens, Florfda, and more particularly
described in Exhibit "At1 attached hereto and made a part hereof.
The permitted usage fs hereby designated as CPO - Commercial Pro-
fessional Of ff ce Di strf ct .
Section 2. Attached hereto and made a part hereof is
a Master Sfte Plan entftled "Sandtree Plaza" prepared by M.J.
Anderson, Inc., consisting of two (21 pages, dated October 7, 1984,
and October 9, 1984, respectively, as Exhibit 'fB'l; further, attached
hereto and made a part hereof is a Landscape Plan, prepared by
Simmons & Whfte, InC., Job No. 84-013C. consisting of one (1)
sheet, as Exhibit "C". Required parking spaces shall be one hun-
dred thirty (1301 spaces on site. The Sandtree Plaza Planned Unit
Development shall be developed in accordance wfth the foregoing plans.
Section 3. The developer of said Planned Unit
Development or its successors and assigns shall pay to the
general fund of the City the sum of SIX THOUSAND ($6,000)
DOLLARS, which sum of money shall be used by the City solely
for the improvements of the existing public roads located
within the Sandtree Subdivision; said monies shall be paid to
the City prior to the issuance of the initial Building Permit.
// 7' ,,,.;; .'
In addition thereto, the Developer, at his expense
shall grade or cause to be graded to surrounding land elevation
the contiguous tract of land designated for recreational use by
Sandtree Homeowners; and, the Developer agrees to pay to the City
as reimbursement one half of the cost of planting grass seeds thereon;
the grading work shall be performed within six (61 months of date
hereof, and reimbursement for cost of said seeding shall be made
within thirty (30) days of date the City Manager shall deliver a
detailed invoice reflecting the total cost thereof.
Section 4. No Building Permit shall be issued for a
building structure by the Building Official until the following
requirements are met by the Developer;
(a) All drainage, utility improvements and paving
plans for the Planned Unit Development shall be approved by the
City Engineer, and all building requirements in accordance with
the Palm Beach Gardens Code and requirements by other Governmental
agencies shall be met.
(6) A final replat of Tract "HIf of the Sandtree Planned
Unit Development approved by Ordinance 7, 1978, shall be approved
by the City Council by subsequent Resolution.
(cl A cash bond, performance bond, letter of credit, or
escrow agreement shall be posted with the City of Palm Beach Gardens
in requisite form in a sum of money to be established for each
building or simultaneously constructed buildings in accordance
with the written recommendations of the City Engineer, as the sum
of monies necessary to assure the construction of paving, drainage
-2-
and utility improvements serving each building structure or
building structures within the Planned Unit Development, prior
to the issuance of a Certificate of Occupancy for such building
or buildings simultaneously constructed. Requisite form of a
cash bond or performance bond shall be in the form thereof
where the City of Palm Beach Gardens may appear as an
additional insured.
Section 5. The Sfte Plen provides at the North line
of the Planned Unit Development an area designated as future
drive and green area. The developer shall provide said green
area on a conditional basis until such time that a roadway
easement, either public or private shall be provided in perpetuity
with improvements, and location being determined by accepted
traffic engineering, land use and land planning standards over
and through contiguous lands to and from the North line of
said designated drive to either Sandtree Boulevard or Northlake
Boulevard; whereupon the present entrance from Sandtree Drive
shall be closed, and additionel landscaping
shall be provided at said designated area by the Developer
or such entity as may have title to same.
Section 6. Implementation of the Planned Unit Develop-
ment shall commence by issuance of a Building Permit for the
first building structure or building structures within one f1J
year from the effective date hereof; construction of subsequent
building structures shall commence within the 110) months of
issuance of a Certificate of Occupancy on the preceding building
structure or building structures simultaneously constructed: and,
all development in the Planned Unit Development shall be completed
within three f31 years from the effective date hereof; or, the
City Council may establish an appropriate zoning classification
for the undeveloped lands; providing, however, extensions of the
foregoing time periods may be granted by the City Council by
Ordinance for good cause shown.
i-
Section 7. Any revision of the Master Site Plan or amend-
ment of this Ordinance shall be authorized by the City Council only
by subsequent Ordinance.
-3-
Section 8. The City Clerk shall designate the change
of zoning provided herein by coloring or hatching upon the official
zoning map of the City.
Section 9. All Ordinances or parts of Ordinances in
conflict herewith are hereby repealed.
Section 10. This Ordinance shall be effective upon
date of passage.
PLACED ON FIRST READING THE 18th DAY OF OCTOBER, 1984.
MAYOR COUNCILMAN
. ..' . /'/' I. .. /r cy-
COUNCILMAN VICE -MA YO R
COUNCILMAN
AT JEST:
..
SCHEDULE "A"
Commencing at the Northwest corner of Section 19, Township 42
South, Range 43 East; Thence S 88 degrees 01'16" E along the
North line of said Section 19 a distance of 1,339.39 feet;
Thence S 02 degrees 04'37" W2, 663.64 feet to the South line
of the Northwest quarter of said Section 19; Thence N 87
degrees 31'10" W along said South line of the N.W. 1/4 Of
Section 19 a distance of 941.00 feet to the True Point of
Beginning; Thence continuing N 87 degrees 31'10" W, along
said South line of the N.W. 1/4 of Section 19 a distance
of 240.00 feet to a point in the Easterly Right-of-way line
of State Road No. 9 (1-95): Thence N 01 degrees 53'42" E
along said Right-of-way a distance of 482.01 feet: Thence S
87 degrees 31'10" E 120.00 feet: Thence S 01 degrees 53'42"W
122.00 feet: Thence S 87 degrees 31'10" E 80.00 feet; Thence
S 01 degrees 53'42" W 55.00 feet; Thence S 87 degrees 31'10"
E 40 feet: Thence S 01 degrees 53'42" W 305.01 feet to the True
Point of Beginning.
(Containing an area of 2.27 acre6 more or lees).
J7 P
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Keshavarz & Associates, Inc.
CONSULTING ENGINEERS . SURVEYORS
71 1 North Dixie Highway, Suite 201
Wesf Palm Beach, Florida 33401
Tel 1561) 6i39 8600 Fax 1561) 689-7476 LB 4897
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Keshavarz & Associates, Inc
CONSULTING ENGINEERS SURVEYORS
71 1 North Dixie Highway. Suile 201
West Palm Beach, Florida 33401
Tcl I561)6R98600 Fax (561)KA97476 184897
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Date Prepared: September 13, 2007
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ORDINANCE 30,2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA RELATING TO REZONING; REZONING A PARCEL OF
LAND CONSISTING OF 13.18 ACRES, LOCATED ON THE WEST SIDE OF
SANDTREE DRIVE, IMMEDIATELY SOUTH OF THE NORTHLAKE
COMMONS/HOME DEPOT SHOPPING CENTER AND IMMEDIATELY NORTH
OF THE SANDTREE RESIDENTIAL DEVELOPMENT AND SANDTREE
OFFICE DEVELOPMENT, AS DESCRIBED MORE PARTICULARLY HEREIN,
(PUD) OVERLAY WITH AN UNDERLYING ZONING OF COMMERCIAL
AMENDING THE ZONING DISTRICT MAP; AND PROVIDING AN EFFECTIVE
DATE.
FROM COMMERCIAL GENERAL (CG-1) TO PLANNED UNIT DEVELOPMENT
GENERAL (CG-1) TO BE KNOWN AS THE GANDER MOUNTAIN PUD;
WHEREAS, the City received petition PUD-07-05-000014 from Mr. Donald Hearing of
Cotleur and Hearing, Inc., on behalf of KTJ Limited Partnership 167, for an approval of the
Gander Mountain Planned Unit Development (PUD) to allow the construction of a 120,000-
square-foot retail building on a 13.18-acre site, which is located on the west side of Sandtree
Drive, immediately south of the Northlake Commons/Home Depot Shopping Center and
immediately north of the Sandtree Residential Development and Sandtree Office Development, as
more particularly described herein; and
WHEREAS, the subject site is currently zoned General Commercial (CG-1) and has a land-
use designation of Commercial (C); and
WHEREAS, the Growth Management Department reviewed said petition and determined
that it is sufficient, and has recommended approval; and
WHEREAS, the Planning, Zoning, and Appeals Board held a public hearing on September
11, 2007, and has recommended approval of the rezoning to the City Council with a vote of 7-0;
and
WHEREAS, the City Council, as the governing body of the City of Palm Beach Gardens,
Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the City’s
Land Development Regulations, is authorized and empowered to consider petitions related to
zoning and land development orders; and
WHEREAS, the City Council has considered the evidence and testimony presented by the
Applicant and other interested parties and the recommendations of the various City of Palm
Beach Gardens and Palm Beach County review agencies and staff; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in the best
interest of the citizens and residents of the City of Palm Beach Gardens, Florida; and
~~
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Date Prepared: September 13, 2007
Ordinance 30, 2007
WHEREAS, the City Council has determined that this Ordinance is consistent with the
City's Comprehensive Plan based on the following findings of fact:
1. The proposed rezoning of Planned Unit Development (PUD) Overlay with an
underlying zoning of General Commercial (CG-1) is consistent with the future land-
use designation of Commercial 0.
2. The proposed rezoning is in harmony with the general purpose and intent of the
Comprehensive Plan and the Land Development Regulations, and is compatible
with the intensity and density of the surrounding, existing, and future land uses.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA that:
SECTION 1. The zoning of the following described property is hereby changed from CG-1
to PUD with an underlying zoning of CG-1:
GANDER MOUNTAIN LEGAL DESCRIPTION
A PARCEL OF LAND IN THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 42
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 19, THENCE SOUTH
88'01'16" EAST, ALONG THE NORTH LINE OF SAID SECTION 19, (THE NORTH LINE OF
SECTION 19 IS ASSUMED TO BEAR SOUTH 88"01'16" EAST AND ALL OTHER BEARINGS
ARE RELATIVE THERETO) A DISTANCE OF 408.24 FEET TO A POINT; THENCE SOUTH
NORTHLAKE BOULEVARD; THENCE SOUTH 88'01'16" EAST, ALONG SAID SOUTHERLY
01 '58'44" WEST A DISTANCE OF 100 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF
RIGHT-OF-WAY LINE, A DISTANCE OF 200.00 FEET TO A POINT; THENCE SOUTH 01 '58'44'
WEST, DEPARTING FROM SAID RIGHT-OF-WAY LINE, A DISTANCE OF 200.00 FEET TO A
POINT; THENCE SOUTH 88'01'16" EAST A DISTANCE OF 200.00 FEET TO A POINT;
THENCE NORTH 01'58'44" EAST A DISTANCE OF 200.00 FEET TO A POINT ON SAID
SOUTHERLY RIGHT-OF-WAY LINE OF NORTHLAKE BOULEVARD; THENCE SOUTH
88"01'16" EAST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 471 .I 1 FEET TO A
WEST ONE-HALF OF SAID NORTHWEST QUARTER OF SECTION 19, AND THE WESTERLY
RIGHT-OF-WAY LINE OF SANDTREE DRIVE; THENCE SOUTH 02'04'12" WEST, ALONG SAID
RIGHT-OF-WAY LINE, A DISTANCE OF 1658.81 FEET TO THE POINT OF BEGINNING OF
POINT ON A LINE 60.00 FEET WESTERLY OF AND PARALLEL WITH THE EAST LINE OF THE
THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE SOUTH 02'04'12" WEST A
DISTANCE OF 70.00 FEET TO A POINT; THENCE NORTH 87'29'22" WEST A DISTANCE OF
501 .I9 FEET TO A POINT; THENCE SOUTH 02'04'12" WEST A DISTANCE OF 353.00 FEET
TO A POINT; THENCE NORTH 87'29'22" WEST A DISTANCE OF 622.04 FEET TO A POINT
ON THE EASTERLY RIGHT-OF-WAY OF INTERSTATE 95; THENCE NORTH 01'54'13''EAST,
ALONG SAID RIGHT -OF-WAY LINE, A DISTANCE OF 962.06 FEET TO A POINT; THENCE
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Date Prepared: September 13, 2007
Ordinance 30, 2007
NORTH 15'00'20" EAST, CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A
DISTANCE OF 240.00 FEET TO A POINT; THENCE SOUTH 87'29'22" EAST DEPARTING
SOUTH 02'04'12" WEST A DISTANCE OF 324.63 FEET TO A POINT; THENCE SOUTH
03'16'24" EAST A DISTANCE OF 577.79 FEET TO A POINT; THENCE SOUTH 87'2922" EAST
A DISTANCE OF 408.05 FEET TO A POINT; THENCE NORTH 02'04'12" EAST A DISTANCE
OF 20.00 FEET TO A POINT; THENCE SOUTH 87'20'22" EAST A DISTANCE OF 100.00 FEET
TO THE POINT OF BEGINNING.
FROM SAID RIGHT-OF-WAY LINE, A DISTANCE OF 230.00 FEET TO A POINT; THENCE
SECTION 2. The City Manager is hereby authorized and directed to make appropriate
changes on the zoning district map of the City to effectuate the purpose of this Ordinance.
SECTION 3. This Ordinance shall take effect immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: September 13, 2007
Ordinance 30, 2007
PASSED AND ADOPTED this day of , 2007
PASSED AND ADOPTED this day of , 2007, upon second
and final reading.
CITY OF PALM BEACH GARDENS
BY:
Joseph R. Russo, Mayor
David Levy, Vice Mayor
Eric Jablin, Councilmember
Hal R. Valeche, Councilmember
Jody Barnett, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL S U F FlCl E N CY
FOR AGAINST ABSENT
Christine P. Tatum, City Attorney
G:bttorney-share\ORDlNANCESLeroning - gander mountain - ord 30 2007.doc
4
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: September 19,2007
Meeting Date: October 18,2007
Resolution 118,2007
Subject/Agenda Item:
Resolution 118,2007: Gander Mountain - Request for Early Clearing
Consideration of Approval: A request by Mr. Donaldson Hearing and Mr. Brian Cheguis,
of Cotleur & Hearing, on behalf of KTJ Limited Partnership 167, for approval of a
miscellaneous petition to allow for the clearing of exotic vegetation, relocation of existing
native trees, installation of a buffer wall, and dedication and relocation of existing native
palms to City property, prior to obtaining final site plan approval of the proposed Gander
Mountain Planned Unit Development. The proposed Gander Mountain PUD is located on
the west side of Sandtree Drive, immediately south of the Northlake Commons/Home
Depot shopping center and immediately north of the Sandtree Residential Development
and Sandtree Office Development.
[XI Recommendation to APPROVE
1 Recomhendation to DENY
Reviewed by:
City Attdrney i
ri
. Tatuni
Development
Compliance A 0
Bahareh Keshavarz-Wolfs,
AlCP
Growth Manage
Kara I.. Irwin, AlCP
Administrator &
Approved By:
Ronald M. Ferris / Lg+&
City M, nage
Originating Dept.:
Growth
Management:
Project
Manager %
Stephen Mayer
Senior Planner
[ 1 Quasi -Judicial
[ ] Legislative
I 1 Public Hearing
Advertised:
I 1 Required
[XI Not Required
Affected parties:
&psfiEkd
[XI Not Required
Finance:
Ad m ;,T; tor:
Allan Owens
Fees Paid [ Yes ]
Funding Source:
I 1 Operating
[XI Other NA
Budget Acct.8:
NA
CC Action:
[ ]Approved
[ 1 App. w/ conditions
[ ] Denied
[ ] Rec. approval
Rec. app. wl conds.
Rec. Denial
Continued to:
Attachments:
Applicant Narrative
Resolution 118, 2007
Date Prepared: September 19,2007
Meeting Date: October 18,2007
Resolution 118,2007
EXECUTIVE SUMMARY
Cotleur & Hearing, Inc., on behalf of Oppidan, Inc./KTJ Limited Partnership 167, (the
”Applicant”), hereby respectfully requests approval by City Council for a Miscellaneous
Petition to allow for the clearing of exotic vegetation, relocation of existing native trees,
installation of a buffer wall, and dedication and relocation of existing native palms to City
property, prior to obtaining site plan approval of the proposed Gander Mountain Planned
Unit Development. The Applicant has committed to provide assurances/guarantees in
order to afford the City with an understanding that the Applicant is proceeding at-risk in
this request and that the City has full regulatory authority to halt these activities should a
violation of the approval be enacted by the Applicant.
BACKGROUND
Section 78-303, of the City’s Land Development Regulations (”LDRs”), entitled “Approval
Required” specifies that the commencement of clearing, grubbing or landscaping of a
property under development review shall not occur unless written permission is first
obtained by site plan approval and a permit is obtained. However, Section 78-305(a) of the
LDRs does allow for the submittal of a development application to the City requesting
commencement of clearing, or grubbing of a property that does not yet have site plan or
landscape plan approval for consideration by the City.
DEVELOPMENT APPLICATION PPUD-07-05-000014: GANDER MOUNTAIN RETAIL
The Applicant has submitted a Planned Unit Development/Site Plan application to the
City’s Growth Management Department requesting approval for the construction of a
120,000 square-foot retail facility (”Project”) on a 13.18-acre site located within a CG1
zoning district. The building will be occupied by a major outdoor goods retailer known as
“Gander Mountain.’’
The request is currently scheduled to be heard by the City Council on October 18,2007. As
the request is for approval of a rezoning to a Planned Unit Development by way of
Ordinance 30, 2007, together with Resolution 103, 2007, approving the site plan
development order, the application shall require two (2) readings by City Council. The
Petition was heard by the Planning, Zoning and Appeals Board on Tuesday, September 11,
2007 and received a unanimous recommendation of approval with conditions. Further,
Staff is recommending approval of the petition with conditions, with denial of certain
waiver requests.
It should be noted that the development team for the Project is actively pursing LEED
Certification for the Project.
2
Date Prepared: September 19,2007
Meeting Date: October 18,2007
Resolution 118,2007
MISCELLANEOUS PETITION REQUEST
In order to ensure the development of the Project occurs within the necessary and critical
development and construction timeline of the Project, the Applicant has stated that
preliminary work to provide many of the safeguards and benefits to the adjacent property
owners (please see ”Applicant Justification” section of this report for further detail) must occur
immediately following the first reading of Ordinance 30, 2007, approving the Planned Unit
Development.
Pursuant to Section 78-305 of the LDRs which states “Any person who does not have a site
plan or landscape plan approval pursuant to section 78-304, and who desires to clear
vegetation, plant vegetation, grub, or remove (destroy) a tree or in any way alter a plant
community or previously cleared land shall make a written application to the growth
management department as provided herein,” the Applicant is seeking approval by the
City Council for the clearing of exotic vegetation, relocation of existing native trees,
installation of a buffer wall, and dedication and relocation of existing native palms to pre-
determined City/public property prior to the final approval of the site plan for the Project.
The Applicant is requesting that City Council allow for the pre-clearing and preliminary
development activities subsequent to the first reading of the PUD approval petition, but in
advance of the second and final reading of the PUD approval. The Applicant is willing to
provide the following assurances/guarantees in order to provide the City with an
understanding that the Applicant is proceeding at-risk in this request and that the City has
full regulatory authority to halt these activities should a violation of the approval be
enacted by the Applicant. The specific safeguards that will be provided include the
following items/commitments/activities:
A Native Vegetation Replacement Bond at 110% of the value of all trees scheduled to
be preserved for the eventual development of the property (bond value of
$2,000,000.00) will be provided.
The Applicant will provide a detailed Tree Relocation Plan outlining the final
location of where native trees will be relocated throughout the property.
In order to further the environmentally conscious efforts of the Project, the Applicant
desires to set aside a portion of the native vegetation that exists on the property that
is not planned to be relocated on site. Accordingly, the Applicant has agreed to
relocate certain native palms to a pre-determined City-owned property for the
benefit of the general public at the Applicant’s own expense of no less than one-
hundred (100) Sabal Palms. Coordination with the City Forester and the City’s
Community Services Division will take place to effectuate said relocation.
Prior to any work on site, the Applicant will submit an affidavit of understanding in
which the Applicant acknowledges that any pre-clearing/land alteration prior to
final Site Plan approval is at the risk of the applicant.
0
0
3
Date Prepared: September 19,2007
Meeting Date: October 18,2007
Resolution 118,2007
Prior to any work on site, the Applicant will submit a ”Phasing Plan”, detailing the
extent of the work for the relocation of Sabal Palms.
In the event the site plan for the Gander Mountain PUD is denied, with 30 days of
the denial by City Council, the Applicant must install the 8-foot decorative wall and
provide landscaping outside of the wall to the satisfaction of the City Forester and
hydroseed any cleared areas at the City’s request, or provide surety at 110% of the
value of the buffer wall and landscaping on the phasing plan.
Prior to the issuance of any clearing permit, the Applicant shall install orange
construction fence along the south property boundary prior to the installation of the
buffer wall in that location of the subject site. Additionally, within 10 days of the
issuance of the clearing permit, the applicant shall install a six-foot tall fence with an
opaque privacy tarp around the perimeter of the remainder of the property. Once
installed, these fences or any portion thereof, shall not be removed unless authorized
by the Growth Management Department.
Prior to the issuance of the first land clearing permit, the Applicant shall provide
surety, in the form acceptable to the City Attorney, in the amount of $1,000,000.00 to
secure the permanent drainage outfall or to be used to clean and/or replace the
existing outfall along the north and east sides of Parkway Village.
Prior to the first clearing permit, the applicant shall relocate all encroachments and
utilities, including cable and telephone, to the proper areas to allow the landscaping
buffer to be planted with minimal interruption of services to the adjacent properties.
Within ten (10) days after the land alteration permit, the Applicant shall provide a gate
at the temporary construction entrance.
At no time shall staging of construction vehicles and/or service vehicles occur within
a public right-of-way.
0
JUSTIFICATION
As a part of the site plan development application request, the Applicant has (1) worked
diligently with the surrounding property owners listening to the concerns of each group
and developing strategies to work with them and resolve any and all issues that have
arisen; (2) worked with the adjacent residential property owners to the south of the subject
property to satisfy concerns ranging from provision of an enhanced buffer (8 foot tall buffer
wall), to providing enhanced entry elements into their community, to reduce the potential
for pass-through traffic through the neighborhood; (3) worked with the adjacent Sandtree
Plaza Professional Office building representatives to satisfy an outstanding condition of
approval associated with their original development order requesting that their existing
point of access through the Sandtree residential neighborhood be relocated to the Gander
Mountain property; and (4) worked with the Home Depot property owners to provide off-
site improvements and maintenance within an existing pond to beautify and enhance the
entrance to the subject property to the benefit of the general public and passers-by. All of
the above-referenced actions have been recognized by City Staff and by the Planning
4
Date Prepared: September 19,2007
Meeting Date: October 18,2007
Resolution 118,2007
Zoning and Appeals Board and the surrounding residents and commercial property
owners.
In order to provide the numerous on- and off-site safeguards, amenities and benefits to the
surrounding residential, commercial and office neighbors, and the general public, while
maintaining the critical construction schedule of the Project, the Applicant must begin pre-
clearing of the site immediately following first reading. The property is heavily disturbed
and does not contain any native upland habitat such as an oak hammock or pine flatwoods
(significant invasive exotic vegetation exists throughout the site). The property does
possess numerous native trees, some of which will be incorporated into the final
development plan while others will be relocated off-site to City property at the expense of
the applicant (no less than one-hundred Sabal Palms). The Applicant has developed a tree
clearing and site grading plan that specifies the relocation of numerous native Sabal Palms;
the majority of which shall be relocated into the buffer adjacent to the residential
neighborhood located along the south property boundary. Additional Sabal Palms shall be
located throughout the site and in the other buffers. This relocation effort is being
coordinated with the provision of an eight (8) foot tall buffer wall adjacent to the residential
neighborhood and Sandtree Plaza Professional Office property, which was to be provided
prior to any vertical construction or major site work. Further, the clearing and preliminary
development of the perimeter berms must be completed as a part of provision of the buffer
for the residential neighbors. All pre-clearing work is for the benefit of the adjacent
property owners and the general public (i.e. the west buffer located along 1-95). In addition,
the Applicant shall provide for the relocation of native Sabal Palms to City-owned property
in the interest of preserving as many superior quality native palms and to further the
environmentally conscious efforts of the Project as is practicable for the benefit of the
general public.
The Applicant has developed a pre-clearing development plan in conjunction with an
Existing Tree Relocation Plan identifying large clusters of native palms and canopy trees
that will be protected and carefully relocated throughout the property utilizing best
management practices for tree preservation. The City Forester will conduct a site visit to
approve the trees selected for on-site use and will be able to hand select any of the trees
desired for relocation off-site to City-owned property (i.e. local parks). City staff has
determined that the PGA Park, Lake Catherine Park, Lilac Park, the Municipal complex and
the Sandhill Crane Park can accommodate the one-hundred (100) relocated Sabal Palms.
Preservation and relocation efforts will be overseen by City Staff to ensure all proposed and
approved native trees are successfully relocated and that replacement of any trees that do
not survive is carried out in a timely manner.
5
Date Prepared: September 19,2007
Meeting Date: October 18,2007
Resolution 118,2007
STAFF ANALYSIS
The Applicant is seeking approval of this request to ensure the timely development of their
retail facility. These preliminary efforts are required to satisfy not only the ultimate
development interests of the Applicant but the concerns raised by the residential and non-
residential interests surrounding the property. All necessary protective measures are
proposed to be implemented as part of allowing for the pre-clearing prior to final Site Plan
approval, and the Applicant acknowledges that to proceed with pre-clearing prior to that
approval is to do so at their own-risk. The Applicant has proven to Staff, the Planning
Zoning and Appeals Board, the residents of Sandtree, the owners of Sandtree Professional
Office and their commercial neighbors that they stand by any and all commitments made
and will follow through with any agreed upon plans of action. These commitments to date
have been to the benefit of the surrounding community in an effort to be an exemplary
corporate neighbor. This request is both necessary for the successful and timely completion
of the facility and will ensure adjacent property owners are protected and minimally
affected from the pending development of the retail facility.
STAFF RECOMMENDATION
Staff recommends approval of Resolution 118,2007.
6
1934 Commerce Lane . Suite 1 * Jupiter, FL 33458 ~1.nr.m~ . 561.r4r.im
JUSTIFICATION FOR MISCELLANEOUS PETITION
Site Pre-clearing Prior to Site Plan Approval
September 18,2007
Reyuest
Cotleur & Hearing, Inc., on behalf of Oppidan, Inc./KTJ Limited Partnership 167,
(the ”Applicant”), hereby respectfully requests approval from City Council for a
Miscellaneous Petition to allow for the pre-clearing of exotic trees; relocation of
existing native trees; shaping of berms and detention areas; installation of a
buffer wall; and dedication and relocation of existing native palms to City
property, prior to obtaining site plan approval.
Background
Section78-303, of the City’s Land Development Regulations (LDRs), entitled
”Approval Required” specifies that the commencement of clearing, or grubbing of a
property under development review shall not occur unless written permission is
first obtained by site plan approval and a permit is obtained.
Section 78-305(a) of the LDRs goes on to allow for the submittal of a development
application that requests commencement of clearing, or grubbing of a property
without a site plan or landscape plan approval pursuant to section 78-304 of the
City’s LDRs. Subsection (b)(l) identifies the specific conditions in which a
development application would be considered for Installation, land cleaving and
removal. This section also specifies that an approved Site Plan is required as part
of the of the request for land clearing and/or alteration.
Develoument Auulication (PPUD-07-05-000014:GanderMountainRetail)
The Applicant has submitted a Planned Unit Development/Site Plan application
to the City’s Growth Management Department requesting approval for the
construction of a 120,000 square-foot retail facility (“Facility”) on a 13.18-acre site
located within a CG1 zoning district. The building will be occupied by a major
outdoor goods retailer known as ”Gander Mountain.”
Miscellaneous Petition - Pre-Clearing
Gander Mountain Retail
9/20/2007
The request is currently scheduled to be heard by the City Council on October 18,
2007. As the request is for approval of a Planned Unit Development, the
application shall require two (2) readings by City Council. The Petition was
heard by the Planning, Zoning and Appeals Board on Tuesday September 11,
2007 and received a unanimous recommendation of approval with conditions.
Further, Staff is recommending approval of the petition with conditions.
As a part of the development application request the Applicant has worked
diligently with the surrounding property owners listening to the concerns of
each groups and developing strategies to work with them and resolve any and
all issues that have arisen. The Applicant has worked with the adjacent
residential property owners to the south of the subject property to satisfy
concerns ranging from provision of an enhanced buffer (8 foot tall buffer wall) to
providing enhanced entry elements into their community to reduce the potential
for pass-through traffic through the neighborhood. The Applicant has worked
with the adjacent Sandtree Professional Office building representatives to satisfy
an outstanding condition of approval associated with their original development
order requesting that their existing point of access through the Sandtree
residential neighborhood be relocated. The Applicant has worked with the
Home Depot property owners to provide off-site improvements and
maintenance within an existing pond to beautify and enhance the entrance to the
subject property to the benefit of the general public and passers-by. All of the
above referenced actions have been recognized by City Staff and by the Planning
Zoning and Appeals Board and the surrounding residents and commercial
property owners. In order to ensure the development of the property occurs in a
timely fashion and in keeping with the development and construction timeline of
the Applicant, the preliminary work to provide many of the safeguards and
benefits to the adjacent property owners must occur in as timely a manner as
possible.
Miscellaneous Petition Request
The Applicant is seeking relief from Land Development Code (LDR) Section 78-303
which requires Site Plan approval for the pre-clearing of exotic trees; relocation of
existing native trees; shaping of berms and detention areas; installation of a
buffer wall; and dedication and relocation of existing native palms to pre-
determined City/public property. The Applicant intends to perform the above
listed site modifications prior to obtaining final Site Plan approval, and proposes
to institute additional safeguards to the benefit of the City in order to maintain a
2 of4
Miscellaneous Petition - Pre-Clearing
Gander Mountain Retail
9/20/2007
pre-determined development and construction schedule. The Applicant is
requesting that City Commission allow for the pre-clearing and preliminary
development activities in advance of the second and final reading of the PUD
approval and after the first reading of the PUD approval petition. The Applicant
is willing to provide the following assurances/guarantees in order to provide the
City an understanding that the Applicant is proceeding at-risk in this request
and that the City has full regulatory authority to halt these activities should a
violation of the approval be enacted by the Applicant. The specific safeguards
that will be provided include the following items/commitments/activities:
Provide a Native Vegetation Replacement Bond at 110% of the value of all
trees scheduled to be preserved for the eventual development of the
property (bond value of $2,000,000.00)
Provide a detailed Tree Relocation Plan outlining the final location of
where native trees will be relocated throughout the property.
Donate to the City of Palm Beach Gardens (at the Applicant’s expense)
$25,000 to be used to relocate native palms to pre-determined City-owned
property for the benefit of the general public.
0 Submit an affidavit of understanding in which the Applicant
acknowledges that to proceed with pre-clearing/land alteration prior to
final Site Plan approval is to proceed at-risk.
Justification
In order to provide the numerous on- and off-site safeguards, amenities and benefits
to the surrounding residential, commercial and office neighbors, and the general
public, the Applicant must begin pre-clearing of the site as soon as is practicable.
The property is heavily disturbed and does not contain any native habitat
(significant invasive exotic vegetation exists throughout the site). The property does
possess numerous native trees that will be incorporated into the final development
plan and potentially relocated off-site. The Applicant has developed a tree clearing
and site grading plan that specifies the relocation of up to 375 native Sabal Palms;
the majority of which shall be relocated into the buffer adjacent to the residential
neighborhood located along the south property boundary. The remaining Sabal
Palms shall be located throughout the site and in the other perimeter buffers. This
relocation effort is being coordinated with the provision of an eight (8) foot tall
buffer wall adjacent to the residential neighborhood and Sandtree Professional
Office property, which was to be provided prior to any vertical construction or
major site work. Further, the clearing and preliminary development of the perimeter
berms must be completed as a part of provision of the buffer for the residential
3 of4
Miscellaneous Petition - Pre-Clearing
Gander Mountain Retail
9/20/2007
neighbors. All pre-clearing work is for the benefit of the adjacent property owners
and the general public (i.e. the west buffer located along 1-95). In addition, and at
the request of the City Forester, the Applicant shall provide funding for the
relocation of native Sabal Palms to City owned property in the interest of preserving
as many superior quality native palms as is practicable for the benefit of the general
public.
The Applicant has developed a pre-clearing development plan in conjunction
with an Existing Tree Relocation Plan identifying large clusters of native palms
and canopy trees that will be protected and carefully relocated throughout the
property utilizing best management practices for tree preservation. The City
Forester will conduct a site visit to approve the trees selected for on-site use and
will be able to hand select any of the trees desired for relocation off-site to City-
owned property (Le. local parks). Preservation and relocation efforts will be
overseen by City Staff to ensure all proposed and approved native trees are
successfully relocated and that replacement of any trees that do not survive is
carried out in a timely manner.
Closing;
The Applicant is seeking approval of this request to ensure the timely development
of their retail facility. These preliminary efforts are required to satisfy not only the
ultimate development interests of the Applicant but the concerns raised by the
residential and non-residential interests surrounding the property. All necessary
protective measures are proposed to be implemented as part of allowing for the pre-
clearing prior to final Site Plan approval and the Applicant shall acknowledge that to
proceed with pre-clearing prior to that approval is to do so at their own-risk. The
Applicant has proven to Staff, the Planning Zoning and Appeals Board, the
residents of Sandtree, the owners of Sandtree Professional Office and their
commercial neighbors that they stand by any and all commitments made and
will follow through with any agreed upon plans of action. These commitments
to date have been to the benefit of the surrounding community in an effort to be
an exemplary corporate neighbor. This request is both necessary for the
successful and timely completion of the facility and will ensure adjacent property
owners are protected and minimally affected from the pending development of
the retail facility.
4of4
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RESOLUTION 118,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A MISCELLANEOUS
PETITION TO ALLOW FOR THE CLEARING OF EXOTIC
VEGETATION, RELOCATION OF EXISTING NATIVE TREES,
INSTALLATION OF A BUFFER WALL, AND DEDICATION AND
RELOCATION OF EXISTING NATIVE PALMS TO CITY PROPERTY,
PRIOR TO OBTAINING FINAL SITE PLAN APPROVAL OF THE
PROPOSED GANDER MO U N TAI N PLANNED UNIT
DESCRIBED MORE PARTICULARLY HEREIN; PROVIDING FOR
CONDITIONS, AND PROVIDING AN EFFECTIVE DATE.
DEVELOPMENT, TO BE LOCATED ON A 13.18-ACRE PARCEL, AS
WHEREAS, the City Council, as the governing body of the City of Palm Beach
Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida
Statutes, and the City’s Land Development Regulations, is authorized and empowered
to consider petitions related to zoning and land development orders; and
WHEREAS, Section 78-305(a) of the City’s Land Development Regulations
allows for the submittal of a development application to the City requesting
commencement of clearing, grubbing, and/or landscaping of a property that does not
have site plan or landscape plan approval for consideration by the City; and
WHEREAS, the City received a request by Mr. Donaldson Hearing and Mr. Brian
Cheguis, of Cotleur & Hearing, on behalf of KTJ Limited Partnership 167, for approval of
Miscellaneous Petition to allow for the clearing of exotic vegetation, relocation of
existing native trees, installation of a buffer wall, and dedication and relocation of
existing native palms to City property, prior to obtaining final site plan approval of the
proposed Gander Mountain Planned Unit Development, which is located on the west
side of Sandtree Drive, immediately south of the Northlake Commons/Home Depot
shopping center and immediately north of the Sandtree Residential Development and
Sandtree Plaza Off ice Development, as more particularly described herein; and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient, and has recommended its approval; 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
Date Prepared: September 19, 2007
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Date Prepared: September 19, 2007
Resolution 11 8, 2007
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.
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 development application of Mr. Donaldson Hearing and Mr.
Brian Cheguis of Cotleur & Hearing on behalf of KTJ Limited Partnership 167 for
approval of a Miscellaneous Petition to allow for the clearing of exotic vegetation,
relocation of existing native trees, installation of a buffer wall, and dedication and
relocation of existing native palms to City property, prior to obtaining final site plan
approval of the proposed Gander Mountain Planned Unit Development, which is located
on the west side of Sandtree Drive, immediately south of the Northlake
Commons/Home Depot shopping center and immediately north of the Sandtree
Residential Development and Sandtree Off ice Development, as more particularly
described herein, is hereby APPROVED, subject to the conditions of approval contained
herein, which are in addition to the general requirements otherwise provided by ordinance:
GANDER MOUNTAIN LEGAL DESCRIPTION
A PARCEL OF LAND IN THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP
42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE
PARTI C U LARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 19, THENCE
SOUTH 88'01'16" EAST, ALONG THE NORTH LINE OF SAID SECTION 19, (THE
NORTH LINE OF SECTION 19 IS ASSUMED TO BEAR SOUTH 88'01'16" EAST AND
ALL OTHER BEARINGS ARE RELATIVE THERETO) A DISTANCE OF 408.24 FEET
TO A POINT; THENCE SOUTH 01 "58'44" WEST A DISTANCE OF 100 FEET TO THE
SOUTHERLY RIGHT-OF-WAY LINE OF NORTHLAKE BOULEVARD; THENCE
SOUTH 88'01'16" EAST, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A
DEPARTING FROM SAID RIGHT-OF-WAY LINE, A DISTANCE OF 200.00 FEET TO A
DISTANCE OF 200.00 FEET TO A POINT; THENCE SOUTH 01'58'44" WEST,
POINT; THENCE SOUTH 88'01'16" EAST A DISTANCE OF 200.00 FEET TO A
POINT; THENCE NORTH 01'58'44" EAST A DISTANCE OF 200.00 FEET TO A
POINT ON SAID SOUTHERLY RIGHT-OF-WAY LINE OF NORTHLAKE BOULEVARD;
THENCE SOUTH 88'01'1 6" EAST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE
OF 471.11 FEET TO A POINT ON A LINE 60.00 FEET WESTERLY OF AND
PARALLEL WITH THE EAST LINE OF THE WEST ONE HALF OF SAID NORTHWEST
QUARTER OF SECTION 19, AND THE WESTERLY RIGHT-OF-WAY LINE OF
SANDTREE DRIVE; THENCE SOUTH 02'04'1 2" WEST, ALONG SAID RIGHT-OF-
WAY LINE, A DISTANCE OF 1658.81 FEET TO THE POINT OF BEGINNING OF THE
HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE SOUTH 02'04'12"
2
Date Prepared: September 19, 2007
Resolution 118, 2007
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WEST A DISTANCE OF 70.00 FEET TO A POINT; THENCE NORTH 87'29'22" WEST
A DISTANCE OF 501.19 FEET TO A POINT; THENCE SOUTH 02'04'12" WEST A
DISTANCE OF 353.00 FEET TO A POINT; THENCE NORTH 87'29'22" WEST A
DISTANCE OF 622.04 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF
INTERSTATE 95; THENCE NORTH 01 '54'1 3" EAST, ALONG SAID RIGHT-OF-WAY
CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY-LINE, A DISTANCE OF
SAID RIGHT-OF-WAY LINE, A DISTANCE OF 230.00 FEET TO A POINT; THENCE
LINE, A DISTANCE OF 962.06 FEET TO A POINT; THENCE NORTH 15'00'20" EAST,
240.00 FEET TO A POINT; THENCE SOUTH 87'29'22" EAST DEPARTING FROM
SOUTH 02'04'12" WEST A DISTANCE OF 324.63 FEET TO A POINT; THENCE
SOUTH 03'16'24" EAST A DISTANCE OF 577.79 FEET TO A POINT; THENCE
SOUTH 87'29'22" EAST A DISTANCE OF 408.05 FEET TO A POINT; THENCE
NORTH 02"04'12" EAST A DISTANCE OF 20.00 FEET TO A POINT; THENCE SOUTH
87'20'22" EAST A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING.
SECTION 3. This approval is subject to the following conditions, which shall be
the responsibility of the Applicant, its successors, or assigns:
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Prior to the issuance of the first clearing permit, a Native Vegetation
Replacement Bond, in a form acceptable to the City Attorney, in the amount
of 11 0% of the value of all trees scheduled to be preserved for the eventual
development of the property shall be provided to the City in a form
acceptable to the City Attorney. (Planning & Zoning)
The Applicant shall relocate no fewer than one-hundred (100) Sabal Palms
to a predetermined City-owned property for the benefit of the general public
at the Applicant's own expense. (Planning & Zoning)
Prior to the issuance of the first clearing permit, the Applicant shall submit
an affidavit of understanding to the City, to the satisfaction of the City
Attorney and Growth Management Administrator, in which the Applicant
acknowledges that any pre-clearing/land alteration prior to final Site Plan
approval is at the risk of the Applicant. (Planning & Zoning)
At no time shall staging of construction vehicles and/or service vehicles occur
within a public right-of-way. (Planning & Zoning)
Prior to the issuance of any clearing permit, the Applicant shall install an
orange construction fence along the south property boundary prior to the
installation of the buffer wall in that location of the subject site. Additionally,
within 10 days of the issuance of the clearing permit, the applicant shall install
a six-foot tall fence with an opaque privacy tarp around the perimeter of the
remainder of the property. Once installed, these fences, walls, or any portion
thereof shall not be removed unless authorized by the Growth Management
Department. (Planning & Zoning)
3
Date Prepared: September 19, 2007
Resolution 11 8, 2007
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Prior to the issuance of the first clearing permit, the Applicant shall provide
surety, in a form acceptable to the City Attorney, in the amount of 110% of the
cost of demolition of the buffer wall and replacement of the native vegetation
displaced during clearing or construction activity. In the event the site plan for
the Gander Mountain PUD is denied, within thirty (30) days of the denial by
City Council, the Applicant must remove any portion of the wall, replace all
native vegetation to the satisfaction of the City Forester and hydroseed any
cleared areas at the City’s request. (City Forester)
Prior to the issuance of the first clearing permit, the Applicant shall install
barriers to protect the on-site vegetation. (City Forester)
Prior to the issuance of the first clearing permit, the Applicant shall submit a
detailed Tree Relocation plan for the Sabal Palms and oak trees for approval
by the City Forester, identifying the exact quantities, locations, and methods of
relocation for all trees to be preserved. Prior to the issuance of a Certificate of
Occupancy, the Applicant shall submit a post-relocation plan, which will show
the final locations of all relocated trees identified in the relocation plan. (City
Forester)
Prior to the issuance of the first clearing permit, the applicant shall relocate all
encroachments and utilities, including cable and telephone, to the proper
areas to allow the landscaping buffer to be planted with minimal interruption of
services to the adjacent properties. (City Forester)
Prior to the issuance of the first clearing permit, the Applicant shall provide
surety, in a form acceptable to the City Attorney, in the amount of 110% of the
estimated cost for landscaping. (City Forester)
Prior to any work on site, the Applicant will submit a “Phasing Plan”,
detailing the extent of the work for the relocation of Sabal Palms. (City
Forester)
Prior to the issuance of the first clearing permit, the Applicant shall provide a
cost estimate and surety in a form acceptable to the City Attorney, in
accordance with LDR Sections 78-309 and 78-461, and a cost estimate for
on-site project improvements, not including public infrastructure or
landscaping and irrigation costs for review and approval by the City. The
cost estimates shall be signed and sealed by an engineer and/or a
landscape architect licensed in the State of Florida and shall be posted with
the City, prior to the issuance of the first land alteration permit. (City
Engineer)
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Date Prepared: September 19, 2007
Resolution 11 8, 2007
Prior to the issuance of the first clearing permit, the Applicant shall provide a
signed and sealed pavement marking and signage plan, or provide the
same on the engineering plans. (City Engineer)
Prior to the issuance of the first clearing permit for the project the Applicant
shall provide a copy of the NPDES permit for the project and implement the
approved Stormwater Pollution Prevention Plan elements. (City Engineer)
Prior to the issuance of the first clearing permit, the Applicant shall provide
construction plans, including, but not limited to, paving, grading, and
drainage plans 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
an engineer licensed in the State of Florida. (City Engineer)
Prior to the issuance of the first clearing permit, the Applicant shall provide a
letter of authorization from the utility companies allowing landscaping and
light poles within their easements. (City Engineer)
The construction, operation, and/or maintenance of any elements of the
Gander Mountain PUD shall not negatively impact the existing drainage of
the surrounding areas. If at any time during development it is determined by
City staff that any of the surrounding areas are experiencing negative
drainage impacts caused by the development of Gander Mountain, it shall
be the Applicant's responsibility to resolve said impacts in a period of time
and a manner acceptable to the City. If said impacts are not remedied in a
time period and manner acceptable to the City, the City may cease issuing
building permits and/or Certificates of Occupancy until all drainage concerns
are resolved. (City Engineer)
Within ten (IO) days of the land alteration permit, the Applicant shall provide a
gate at the temporary construction entrance. (Police Department)
Prior to the issuance of the first land clearing permit, the Applicant shall
provide surety, in a form acceptable to the City Attorney, in the amount of
$1,000,000.00 to secure the permanent drainage outfall or to be used to
clean and or replace the existing outfall along the north and east sides of
Parkway Village.
SECTION 4. This approval shall be consistent with all representations made by
SECTION 5. This Resolution shall become effective immediately upon adoption.
the Applicant or Applicant's agents at any workshop or public hearing.
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Date Prepared: September 19, 2007
Resolution 118, 2007
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PASSED AND ADOPTED this day of , 2007.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE: -- AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR LEVY ---
COUNCILMEMBER JABLIN ---
COUNCILMEMBER VALECHE ---
COUNCILMEMBER BARNETT ---
/
/
G:\attorney-share\RESOLUTlONS\gander mountain - early clearing -reso 11 8 2007.doc
6
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: July 11,2007
Meeting Date: October 18,2007
Resolution 78.2007
SubjectlAaenda Item:
Resolution 78, 2007 - PGA Financial Center Building Signage Waiver
Consideration of Approval: A request by Cotleur & Hearing, Inc., agent, on behalf of
Twenty-fifth Palm Beach, LLC, for approval of a waiver to allow four additional tenant signs
on the northeast and southwest elevations of the PGA Financial Center Building (f.k.a.
MacArthur Center Office Building), located at 3399 PGA Boulevard, within the Regional
Center Development of Regional Impact (DRI).
[ ] Recommendation to APPROVE
Development Compliance:
N/A
Bahareh K. Wolfs, AlCP
[ Principal Planner:
I Growth Manaaement
Admi I trator: L
Kara Irwin, AlCP
Approved By:
city?+--
Ronal M. F rris
c -vu&
on to DENY
Originating Dept.:
Growth Management:
Project
Manager:
Planner
[ X ] Quasi-Judicial
[ ] Legislative
[ ] Public Hearing
Advertised: No
Date:
Paper:
[ X ] Not Required
Public Notice:
[ 1 Yes
+*Not required
Finance Dept.:
Man Owens
Administrator
NIA
Fees Paid: [ X ] Yes
Funding Source:
[ ] Operating
[XI Other NA
Budget Acct.#:
NA
City Council Action:
[ ] Approved.
[ ] Approved with/
[ ] Denied
[ ] Continued to:
conditions/waivers
Attachments:
A - Resolution 78, 2007
B - Applicant's Request
w/Photographs
C - LocationMap
D - Resolution 21, 1998
w/approved Site Plan
& Elevations
Date Prepared: July 11,2007
Meeting Date: October 18,2007
Resolution 78,2007
EXECUTIVE SUMMARY
The subject petition is a waiver request from Section 78-285 of the City’s Land
Development Regulations (LDRs) to allow the display of four additional tenant signs above
the second-story floor line of the northeast and southwest elevations of the PGA Financial
Center (f.k.a./ MacArthur Center Office Building). There are already two existing building
identification signs with the words “Chase” and a “Chase” logo on these same elevations.
It is staffs professional opinion that Section 78-285, Table 24, “Flatnlvall Sign for Ground
Floor Users,” is intended to permit signage for those retail tenants who are located on the
ground floor and have separate entrances into retail buildings and commercial shopping
centers.
Regarding building identification signs, staff typically has no objection to more than one
building identification sign, when adequately justified, provided the signs have the same
name and are for the same tenant. However, it is staffs professional opinion that multiple
signs for different tenants on office buildings create an undesirable and cluttered
appearance. Furthermore, it is staffs opinion that multiple signs for a multitude of tenants
is contrary to the intent of the City’s LDR regarding tenant signage. In addition, such signs
constitute a form of advertising instead of providing a means of “way finding” to a particular
destination. Therefore, staff does not support this waiver request.
BACKGROUND
On March 19, 1998, the City Council adopted Resolution 21, 1998, which approved the
development of a four-story, 76,112 square-foot office building known as the MacArthur
Center Office Building, located at the northeast corner of PGA Boulevard and Fairchild
Gardens Avenue within the Regional Center DRI. That approval included waivers
pertaining to the 62-foot building height, the front setback for the ground sign, and the
location of the two existing building identification/principal tenant wall signs above the
second floor line.
LAND USE AND ZONING
The subject site is within the Regional Center DRI and has a future land-use designation of
Professional Office (PO). The zoning district classification is Planned Community District
Overlay (PCD) with an underlying zoning of Professional Office (PO).
SIGNAGE REQUEST
The four tenant signs are proposed to be located between the second and third stories on
the northeast and southwest elevations of the PGA Financial Center. In letters dated May
16, 2007, and April 24, 2007, the applicant discusses the reasons the application is
believed to be in compliance with a majority of the criteria contained in Section 78-1 58(i) of
the City’s LDR. (Please see Attachment A.) The applicant states the names of the future
tenants are not known at this time, but, as leases expire, they wish to offer signage to
prospective tenants in order to be competitive with other office buildings in the area.
2
Date Prepared: July 11 , 2007
Meeting Date: October 18,2007
Resolution 78,2007
Siqn Details
The proposed signs consist of 24” high, internally illuminated, letters. The signs will match
the color and font of the existing “Chase” building identification wall signs, which are white
with blue channels or edges.
Waiver Request:
City Code
Section 78-285,
Table 24:
Permanent
Signs:
FlatMlall Sign
for Ground
Floor Users
Allowed
1 per tenant space or
bay. No maximum
number.
Signs shall not be
located above second
floor line or above
building parapet.
Sign must face ROW
or primary entrance.
Uniform type, color,
material, shape 8,
style.
Letters NMT 24
inches.
Max. 2 lines of copy.
NMT 5% of area of
elevation of tenant
space or bay.
Proposed
4 tenant wall si ns
between the 2n’ 8, 3‘d
stories of the
northeast and
southwest elevations
Waiver Requested
To allow 4 tenant
signs above the 2nd
floor lines on the
northeast and
southwest elevations
Staff
Recommendation
Denial (1)
(I) Staff Analysis:
Section 78-285, Table 24, “FlaWall Sign for Ground Floor Users,” is intended to permit
signage for retail or office users located on the ground floor with separate entrances
into office or retail buildings and commercial shopping centers.
It is staffs professional opinion that multiple signs for additional tenants create an
undesirable and cluttered appearance, as can be seen on certain older buildings that
were approved prior to the adoption of the City’s current LDRs. Furthermore, such
signs constitute a form of advertising instead of providing a means of “way finding” to a
particular destination.
It is staffs goal to protect the integrity of the PGA Boulevard corridor by being
consistent with the requirements and intent of Section 78-221 of the City’s LDRs, which
are to create a unique, high quality and special identity for PGA Boulevard. The
guidelines also call for the preservation of the visual character of the Corridor. It is
staffs opinion that permitting an increase in the number of signs on traditional office
3
Date Prepared: July 11,2007
Meeting Date: October 18,2007
Resolution 78,2007
buildings along PGA Boulevard is incompatible with the visual character of the Corridor.
The existing signage on the PGA Financial Center building is an excellent example of
the high quality and visual character that staff wishes to preserve. For the reasons
stated above, staff does not support this waiver request.
PLANNING, ZONING, AND APPEALS BOARD COMMENTS:
The Planning, Zoning, and Appeals Board reviewed the subject petition at a public meeting
on July 10,2007. The Board voted 6 to 0 to recommend DENIAL to the City Council. The
Planning, Zoning, and Appeals Board had the following comments:
1. The Board agreed with staffs recommendation of denial.
2. The Board commented that too many buildings in the City have already been
negatively impacted with too many signs.
3. The Board commented that this is one of the most beautiful buildings on PGA
Boulevard, and to add additional signage would detract from the building’s
appearance.
4. The Board agreed with staffs efforts to prevent further mistakes from happening
regarding too many signs on buildings.
5. The Board noted that a request for a waiver is not an entitlement, and that the
Board has the right to look at each request individually to determine whether it is
appropriate .
STAFF RECOMMENDATION
Staff recommends DENIAL of Resolution 78, 2007.
J holloman/Case FileslPGA Financial Center/PGA Financial Center-files/Staff report CC.doc
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Attachment B
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Lost Tree Villnge Corporation e
May 16,2007
Ms. Jackie Holloman, AICP, Planner
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 334 10
RE: Petition MISC-07-01-00022
PGA Financial Center Signage
Dear Ms. Holloman:
Pursuant to our telephone conversation I transmit this letter for your consideration in support of
the above referenced application.
Please note that the proposed signage will not utilize race ways and shall be integrated into the
building design such that prestigious corporate tenants may identify their presence to the public.
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In accordance with the provisions of the Code of Ordinances for the City of Palm Beach
Gardens, the application of PGA Financial Center for a waiver in signage requirements is
requested as it complies with a majority of the criteria for approval contained therein as follows:
78-158(i) Criteria. A request for the city council to approve a waiver from one or more of
the standards and requirements applicable to a planned development, PUD, or PCD; shall
comply with a majority of the criteria listed below.
(1) The request is consistent with the city’s comprehensive plan.
Response:
maintain and expand a diversified economy by encouraging growth in targeted cluster industries
that provide high wage employment . . .” As a Class A office building, PGA Financial Plaza’s
strong national, regional and local tenants represent the medical, real estate, banking, investment
and development industries. These industries are well known for their payment of significantly
above average wages and benefits and attract employees and clients with high education levels
and incomes, and location within the City should be encouraged.
Objective 13.1.1 of the City’s comprehensive plan states that the city “shall
3399 PGA Bortlevnrcl, Sitife 260, Pcllni Bench Gnrdens, FL 33410
Office: (.MI) 626-9711 FR-x: (561) 626-9641
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Policy 13.1.1.2 provides that “the City shall assist the retention and growth
of existing businesses within the City, particularly those that provide high-
wage employment or that support or complement those employment
sectors.” For reasons that will be discussed in responses below, the
additional signage supports the businesses that are the tenants of PGA
Financial Plaza, in keeping with the intent of this Policy.
Objective 13.1.2 is to “Moderate Seasonality in Employment.” The
tenants of PGA Financial Plaza do not seasonally adjust their employment,
but rather strive for long term employment of their professional employees
and support staff.
For these reasons the requested waiver is consistent with the
comprehensive plan, encouraging development incorporating aesthetics
and hctionality to promote viable economic development.
(2) The request is consistent with the purpose and intent of this section.
Response: The stated the purpose and intent of Section 78-158, is to encourage projects that
are innovative, creative and utilize planning, design and architectural concepts
that will be of benefit the City. The development of PGA Financial Plaza as part
of a PCD led to a building design that has two fronts and no back. The building
was designed to be attractive from all directions because it has predominate road
frontage on three sides (PGA Boulevard, Fairchild Gardens Avenue and Mall
Perimeter Road). So while the building may be identified by motorists from PGA
Boulevard, a substantial number of visitors identify their destination while
traveling on Mall Perimeter Road and all visitors access the property from Mall
Perimeter Road. A typical office building would have a front with substantial
architectural detail, one or two sides with lesser detail and a back with no detail.
PGA Financial Plaza four-sided design benefits the City by multiple attractive and
expensive-to-construct facades.
(3) The request is in support of and furthers the city’s goals, objectives, and policies to
establish development possessing architectural significance, pedestrian amenities and
linkages, employment, opportunities, reductions in vehicle trips, and a sense of place.
Response: A location on PGA Boulevard and at the Gardens Mall was not intended, nor is it
suitable for substantial pedestrian access. PGA Boulevard was designed with
multiple lanes of traffic in each direction, high traffic counts and vehicles
traveling at relatively high speeds. There is a great deal of development and
activity in the area, which bombards the motorist with many moving and static
images.
3399 PGA Bouiesnrd, Suite 260, Pnlnt Becicii Gumens, FL 33410
Office: (561) 626-9711 F~LY: (561) 626-9641
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As a result the motorist must be able to quickly identify his destination fkom a
distance in order to safely cross travel lanes and turn at the proper locations.
Traveling on PGA Boulevard is not the time to be forced to look for
inconspicuous or nonexistent identifying signage. Proper signage is actually a
safety issue. The requested waiver will provide for wall signage for two
additional major anchor tenants in the building. The signage will furnish a visual
marker for the public to locate these business locations, resulting in better
circulation by eliminating traveler confusion.
(4) that exceeds one or more of the minimum requirements for PUDs.
The request demonstrates that granting of the waiver will result in a development
Response: The existing property originally was permitted for more parking spaces than
required, has greater setbacks than required, and its open areas are greater than
that required. In addition, the property was heavily landscaped when it was
developed and has been well-maintained since it was landscaped resulting in
attractive, mature growth, exceeding landscape requirements.
The request for one or more waivers results from innovative design in which other (5)
minimum standards are exceeded.
Response: The design with road frontage on three sides resulted in a building with multiple
attractive sides, but one that did not provide for adequate identifying signage for
each of the frontage roads. It should be noted that the request is not to place all of
the signage on a single fagade of the building, which would be cluttered and
unattractive. Instead, the request is to place some additional signage on each of
two facades so that there is identifying signage at the main access points. There
will be no viewpoint that would enable seeing the increased signage on the two
facades at the same time.
(6) The request demonstrates that granting of the waiver will result in preservation of
valuable natural resources, including environmentally-sensitive lands, drainage and
recharge areas, and coastal areas.
Response: (not applicable)
(7) The request clearly demonstrates public benefits to be derived, including but not
limited to such benefits as no-cost dedication of rights of way, extensions of pedestrian
linkages outside of the project boundaries, preservation of important natural resources,
and use of desirable architectural, building and site design techniques.
Response: The placement of the requested signage will offer public benefits through the
identification of principle tenants for pedestrian and vehicular travelers outside of the
property boundaries. This will encourage more efficient circulation by eliminating
destination uncertainty.
3399 PGA Boufevnrd, Suite 260, Pafin Berrcft Gardens, FL 33410
Office: (561) 626-9711 Fnu: (561) 626-9641
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The signage is proposed to face the major travel ways (PGA Boulevard and Mall Perimeter
Road). The location below the third floor is requested, as this is the only level devoid of
ornamentional banding on the building exterior. In addition, these locations place the signage
where it is in the line of sight for travelers, but does not have a significant effect or presents
when the building is viewed from a distance.
(8)
from adverse impacts caused by a waiver.
Sufficient screening and buffering, if required, are provided to screen adjacent uses
Response: As illustrated on the proposed elevations the existing site landscaping will buffer
and screen the visual impact of the proposed signage. This will soften and filter
the view from adjacent uses. It should be noted that the proposed signage is
consistent with the signage already in place on adjacent properties.
(9) The request is not based solely or predominantly on economic reasons.
Response: While there is an economic element for the requested waiver, it is not the sole or
predominate reason. Major tenant occupants are not adequately identified to the
public. For example there are currently two additional tenants in the building who
occupy as much or more building area as does the one tenant whose name is
presently on the building. The waiver to allow building signage for such tenants
will promote greater public convenience in finding their destination and
minimizing circulation conflicts from destination. The sign code was designed
for the typical office building that has frontage on one road, so that it is only
necessary to identify the destination from one direction. The sign code did not
consider a situation where there is significant frontage on three roads. There is
simply insufficient signage when access is from multiple directions.
(10) development site.
The request will be compatible with existing and potential land uses adjacent to the
Response: The land uses adjacent to the property are of like use and in fact contain building
signage consistent with this requested waiver. Please refer to submitted exhibits
of signage on adjacent buildings. The area is fully developed, so potential
adjoining land uses are not a consideration.
(11) The request demonstrates the development will be in harmony with the general
purpose and intent of this section, and that such waiver or waivers will not be injurious to
the area involved or otherwise detrimental to the public health, safety, and welfare. (Ord.
No. 17-2000, & 92,7-20-00; Ord. No 17-2004, & 5,6-3-04)
Response: The requested waiver is consistent with the general purpose and intent of Section
78-158 as enumerated herein. The requested waivers, if granted will not be injurious to the area
or detrimental to public health, safety and welfare, but rather will promote public convenience,
and facilitate greater safety through the identification of major destinations.
3399 PGA Boulevard, Suite 260, Palin Bench Gnrdens, FL 3341 0
Office: (561) 426-9711 Fax: (561) 626-9641
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The proposed signage is consistent with existing signage on adjacent properties.
Please feel free to contact me if you require additional information or have any questions
regarding this application. I shall provide you with a copy of the Power Point presentation prior
to the June 12th Planning and Zoning meeting.
Yours truly,
Russell J. Burke, AICP
cc: Bertie Russo, LTV LLC
Doug Marek, Esq.
Guy C. Pelletier, R.A., Strassler Architects, Inc.
3399 PGA Boulevard, Suite 260, Ptrlm Betrclt Gnrdens, FL 3341 0
Office: (561) 626-9711 Far (561) 626-9641
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F Lost Tree Village Corporation
April 24,2007
Jackie Holloman, AICP, Planner
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
Re: Petition MISC-07-01-000022
PGA Financial Center Signage
Dear Jackie,
Please find enclosed updated information on my signage proposal per your request.
First, the reason for the request is that I have been getting numerous requests from tenants
and prospective tenants to add their name to the outside of the building. In order to stay
competitive in this market I need to be able to compete with the surrounding buildings in
my area. Of these buildings, many have 2-3 tenants on the face of their building. Please
find the following pictures of these buildings attached:
Picture 1 is of 11505 Fairchild showing Gehring Group and AG Edwards
Picture 2,3, and 4 are of 3501 PGA, Grand Bank building, showing Grand Bank
Center, Grand Bank & Trust and Fidelity Investments
Picture 5,6 and 7 are of 3001 PGA, Sea Coast Building, showing Seacoast
Banking Centre, CH2Mhill and Prudential Florida WCI Reality (signs do not
match in color or font)
Picture 8,9, and 10 are of 3801 PGA, which show Virtual Bank and UBS as
tenants
Each of these buildings are located within one half (%) mile of the PGA Financial Plaza
and all have more than one name on the building.
As current tenants leases expire, we need to be able to offer this signage right to
prospective tenants to be competitive with like buildings, shown above, that are able to
offer this right.
Also, the entry to the PGA Financial Plaza is on the mall access road. Our monument
sign is located on the mall access road and is not visible from PGA. Our tenants need to
3399 PGA Boulevard, Suite 260, Palm Beach Gardens, FL 33410
Office: (561) 626-971 I Fax: (561) 6269641
have visibility from PGA. This would not only help the Traffic Flow, but will help
promote their business and keep our economy strong.
As an example of what we are looking to do, please find attached Northeast and
Southwest Elevations showing existing signage and proposed signage, a color photo
estimating the proposed signage, and a site plan. We would like to put two (2) additional
signs on the South side of the building, PGA side just above the 2nd floor windows and
two (2) photos on the North side of the building, Mall side, also just above the 2nd floor. I
want to be able to offer this signage space to anyone coming into the building. Using the
same colors, and sign specifications as existing.
I believe you already have my legal description that was e-mailed this past February.
Should you have any further questions, please do not hesitate to contact me directly at
(561) 626-971 1.
Respectfully, --.
Bertie L. Russo, RPA
Lost Tree Village, LLC
As Property Manager for
Twenty-Fifth Palm Beach, LLC
Cc: Russ Burke, AICP
Lost Tree Village, LLC, Vero Beach
3399 PGA Boulevard, Suite 260, Palm Beach Gardens, FL 33410
Office: (561) 626-9711 Fax: (561) 626-9641
Petition MISC-07-01-000022
PGA Financial Plaza Signage Page 1 of3
Action Code: Existing - South side
Existing Sign Type: LIF-WBO-36-s
36l Cap. Ht. - Illum.
Description: Channel letters, Blue
Height Above Grade: 720
Illuminated: Internally Illuminated
Sign#: 2 & 3
Add two signs below 3rd
Action Code: Floor
Existing Sign Type: LIF-WBO-36-s
24" Cap. Ht. - Illum.
Description: Channel letters, Blue
Height Above Grade: 26 9"
Illuminated: Internally Illuminated
New Signage to match existing signage in color and font. Size and name will be difference.
Petition MISC-07-01-000022
PGA Financial Plaza Signage
Exterior - Existing Signage
Sign#: 4
Action Code: Existing - North side
Existing Sign Type: LIF-WBO-36-s
36@ Cap. Ht. - Illum.
Description: Channel letters, Blue
Height Above Grade: 720
Illuminated: Internally Illuminated
Sign#: 5 & 6
Add two signs below 3rd
Action Code: Floor
Existing Sign Type: LIF-WBO-36-s
24l Cap. Ht. - Illum.
Description: Channel letters, Blue
Height Above Grade: 26 9"
Illuminated: Internally Illuminated
Page 2of3
rr
New Signage to match existing signage in color and font. Size and name will be difference.
Petition MISC-07-01-000022
PGA Financial Plaza Signage
Exterior - Proposed Signage
Page 3or3
Sign # Type Description 1
1 LIF-WBO-36-s (36l Cap. Ht.) Mum. Channel letters (Blue) Existing - Leave alone
4 LIF-WBO-36-s (36' Cap. Ht.) Illurn. Channel letters (Blue) Existing - Leave alone
2, 3 LI F-WBO-24-s (24" Cap. Ht.) Illurn. Channel letters (Blue) New Sign
5, 6 LIF-WBO-24-s (24" Cap. Ht.) Illurn. Channel letters (Blue) New Sign
2&3
APPLICANT'S PHOTOGRAPHS OF
OTHER BUILDING SIGNAGE
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http://pbgsgis/webgis/print.do?titleBox=o~&title=PGA+Fi~~~~ci~l+Ce~~ter+&scalebarBox= ~... 2/6/2007
Attachment D
RESOLUTION 21,1998
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR
APPROVAL OF A SITE PLAN FOR THE CONSTRUCTION
OF AN OFFICE BUILDING ON A 5.31 ACRE LOT WITHIN
THE REGIONAL CENTER DEVELOPMENT OF REGIONAL
IMPACT; PROVIDING FOR CONDITIONS OF APPROVAL;
PROVIDING FOR WAIVERS; AND PROVIDJNG FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Palm Beach Gardens has received an application
to approve a site plan for the construction of 76,112 square-feet of ofice on a 5.31+/- acre site
within the Regional Center Development of Regional Impact; and
WI-IEEEAS, the City’s GIowth Management Department has determined that approval of said
application is consistent with the City’s Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA.
~-- Section 1 The City Council of the City of Palm Beach Gardens hereby approves a site plan
for the construction of 76, I 12 square-feet of ofice facility on 5 3 l+/- acres at the northeast corner
of PGA Boulevard and Fairchild Gardens Avenue within the Regional Center Development of
Reaional Impact.
- Section 2 Construction of said development shall be in accordance with following plans on
file with the City’s Growth Management Department.
1 March 4, 3998, Site Plan, Smith and Moore Architects, 1NC , Sheet A-1
2 March 4, 1998, Site Plan with Adjacent Properties, Smith and Moore Architects,
INC , Sheet A-2
3 February 37, Zoning Map, Future Land Use 2010 Map, Vicinity Map, Project
Identification Sign, Dumpster Enclosure Details, Dumpster Enclosure Wall Detail,
Parking Stall Detail, Smith and Moore Architects, INC , Sheet A-3
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eebruary 27, 1998, Building Elevations, Smith and Moore Architects, INC., Sheet
A-4 0 February 27, 1998, Building Elevations, Smith and Moore Architects, INC , Sheet
A-5
6 March 5, 1998, Landscape Plan, Howard F Ostrout Jr , and Associates, Sheet L-1
7 March 5, 1998, Landscape Legend/ Planting Diagrams & Specifications, Howard
F Ostrout Jr , and Associates. Sheet L-2.
8 March 2, 1998, Paving and Drainage Details, LTL Associates, INC , Sheet 4 of 5
9 March 2, 1998, Paving and Drainage Notes, LTL Associates, INC., Sheet 5 of 5
IO March 4, 1998, Paving and Drainage Plan, LTL Associates, TNC., Sheet 3 of 5.
I I. March 4, 1998, Horizontal Control Plan, LTL Associates, INC., Sheet 2 of 5
Section 3 Said site plan approval shall comply with the following condition.
1 Prior to the issuance of the Building Permit, the applicant is required to obtain a 0
Northern Palm Beach County lmprovement District Permit
2 Prior to the issuance of the first Building Permit, the petitioner shall provide public
access dedication for the proposed sidewalk connecting PGA Boulevard to the
Gardens Mall
3 Prior to the issuance of the first building permit, the petitioner shall provide
updated plans deleting all references to covered parking
-- Section 4 The following waivers are hereby granted with this approval.
Resolution 21, 1998
Page 2
1 Waiver of the requirement pertaining to the number of loading spaces,
2 Waiver of the requirement pertaining to the dimensions of the parking
stalls,
3. Waiver of the requirement pertaining to the building height limit;
4 Waiver of the requirements pertaining to the front setback for the signs and
the requirement pertaining to the location of the wall signs.
Section 5. This Resolution shall be effective upon adoption
INTRODUCED, PASSED AND ADOPTED THIS
ATTEST
LINDA V KOSlER
APPROdD AS TO LEGAL FORM AND
SUFFICIENCY
CITY ATTORNEY
BY.
VOTE AYE NAY ABSENT
MAYOR RUSSO -
VICE MAYOR FURTADO
COUNCILMAN ShBATELLO
/. /--
COUNCILMAN JABLIN I//- -
COUNCILMAN CLARK 7- -
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planning:\shortr-l\sp97 18 re
Resolution 21, 1998
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Attachment A
Date Prepared: July 11, 2007
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RESOLUTION 78,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING RESOLUTION 21, 1998
TO ALLOW A TOTAL OF FOUR ADDITIONAL TENANT WALL
SIGNS ON THE NORTHEAST AND SOUTHWEST ELEVATIONS OF
THE PGA FINANCIAL CENTER BUILDING (F.K.A. MACARTHUR
CENTER OFFICE BUILDING) LOCATED AT THE NORTHEAST
CORNER OF PGA BOULEVARD AND FAIRCHILD GARDENS
AVENUE WITHIN THE REGIONAL CENTER DEVELOPMENT OF
REGIONAL IMPACT (DRI), AS MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING AN ADDITIONAL WAIVER;
PROVIDING AN ADDITIONAL CONDITION OF APPROVAL; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on March 19, 1998, through the adoption of Resolution 21 , 1998, the
City Council approved a site plan for the development of a 76,112-square-foot office
building, formerly known as the MacArthur Center office building, on a 5.31+/- acre site
at the northeast corner of PGA Boulevard and Fairchild Gardens Avenue within the
Regional Center Development of Regional Impact (DRI); and
WHEREAS, Resolution 21, 1998 included approval of a waiver pertaining to the
location of two building identification wall signs on the parapet walls of the northeast and
southwest building elevations; and
WHEREAS, the City has received a request from Cotleur and Hearing, Inc.,
agent, on behalf of Twenty-fifth Palm Beach, LLC, for approval to allow a total of four
additional tenant wall signs to be located above the second floor line between the
second and third floors on the northeast and southwest building elevations of the PGA
Financial Center building; and
WHEREAS, the Growth Management Department has reviewed the application,
has determined that it is sufficient, and has recommended DENIAL; and
WHEREAS, the Planning, Zoning, and Appeals Board held a public meeting on
July IO, 2007, and voted 6 to 0 to recommend DENIAL to the City Council; 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
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.
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Date Prepared: July 11, 2007
Resolution 78,2007
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. Four (4) additional tenant wall signs between the second and third
floors of the northeast and southwest building elevations of the PGA Financial Center
(f.k.a. as MacArthur Center office building) are hereby APPROVED on the following real
described property:
LEGAL D ESCRl PTl ON :
A PARCEL OF LAND LYING IN THE NORTHEAST QUARTER OF SECTION 6,
TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER OF SAID SECTION 6; THENCE SOUTH 88’45’08’’
EAST ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 6 (THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION
6 IS ASSUMED TO BEAR SOUTH 88’45’08’’ EAST AND ALL OTHER BEARINGS
STATED HEREIN ARE RELATIVE THERETO), A DISTANCE OF 763.55 FEET;
THENCE DEPARTING SAID SOUTH LINE NORTH 01’14’52” EAST, A DISTANCE OF
70.00 FEET TO THE SOUTHWEST CORNER OF THE PLAT OF THE GARDENS
MALL, AS RECORDED IN PLAT BOOK 70, PAGES 20 THROUGH 22, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, AND THE POINT OF BEGINNING
OF THE HEREINAFTER DESCRIBED PARCEL; THENCE NORTH 46’19’57’’ EAST
ALONG THE WEST LINE OF SAID PLAT, A DISTANCE OF 35.30 FEET; THENCE
NORTH 01°25’01’’ EAST ALONG SAID PLAT LINE, A DISTANCE OF 181.46 FEET TO
A POINT ON THE SOUTH LINE OF SAID PLAT, SAID POINT LYING ON A CURVE
CONCAVE TO THE NORTH, HAVING A RADIUS OF 500.00 FEET, A CENTRAL
ANGLE OF 25’19’59” AND A RADIAL BEARING OF NORTH 04°08’04” EAST;
THENCE WESTERLY ALONG SAID PLAT LINE AND ARC OF SAID CURVE, A
DISTANCE OF 221.07 FEET TO THE POINT OF TANGENCY; THENCE NORTH
60’31’58’’ WEST ALONG SAID PLAT LINE, A DISTANCE OF 436.75 FEET; THENCE
SOUTH 29’38’19’’ WEST ALONG SAID PLAT LINE A DISTANCE OF 43.82 FEET TO
THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST,
HAVING A RADIUS OF 325.00 FEET AND A CENTRAL ANGLE OF 29”19’21”;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AND PLAT LINE A
SOUTH 19’33’44” WEST ALONG SAID PLAT LINE, A DISTANCE OF 44.43 FEET TO
A POINT ON THE EAST LINE OF FAIRCHILD GARDENS AVENUE, AS RECORDED
IN OFFICIAL RECORDS BOOK 5072, PAGES 354 THROUGH 383, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT LYING ON A CURVE
CONCAVE TO THE WEST, HAVING A RADIUS OF 580.87 FEET, A CENTRAL
ANGLE OF 21’15’11” AND HAVING A RADIAL BEARING OF SOUTH 70’09’49’’
WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE AND EAST LINE
DISTANCE OF 166.33 FEET TO A POINT ON A NON-TANGENT LINE; THENCE
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Date Prepared: July 11, 2007
Resolution 78, 2007
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OF FAIRCHILD GARDENS AVENUE, A DISTANCE OF 215.47 FEET TO THE POINT
OF TANGENCY; THENCE SOUTH 01’25’01” WEST, A DISTANCE OF 7.96 FEET;
THENCE SOUTH 43’40’04’’ EAST, A DISTANCE OF 56.65 FEET TO A POINT ON
OFFICIAL RECORDS BOOK 4442, PAGES 856 THROUGH 874, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88’45’08” EAST ALONG
THE NORTH RIGHT-OF-WAY LINE OF P.G.A. BOULEVARD, AS RECORDED IN
SAID RIGHT-OF-WAY LINE, A DISTANCE OF 165.89 FEET; THENCE SOUTH 84’
49’46” EAST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 175.41 FEET;
THENCE SOUTH 88’45’08” EAST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE
OF 297.91 FEET TO THE POINT OF BEGINNING.
PARCEL II:
EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED BY DECLARATION OF
EASEMENTS AND USE RIGHTS RECORDED IN OFFICIAL RECORDS BOOK 10398,
PAGE 646 FOR STORMWATER DRAINAGE PURPOSES OVER, UNDER, AND
ACROSS THE LANDS DESCRIBED IN EXHIBIT C OF SAID DECLARATION OF
EASEMENTS OF USE RIGHTS RECORDED IN OFFICIAL RECORDS BOOK 10398,
PAGE 646.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida
hereby approves the following amendments to the waivers approved by way of
Resolution 21, 1998:
I. Waiver of the requirement pertaining to the number of loading spaces.
2. Waiver of the requirement pertaining to the dimensions of the parking stalls.
3. Waiver of the requirement pertaining to the building height limit.
4. Waiver of the requirements pertaining to the front setback for the signs and
the requirement pertaining to the location of the wall signs.
5. Section 78-285, Table 24, Permanent siqns, to allow four (4) additional
tenant siqns to be located above the second floor lines on the northeast and
southwest buildinq elevations.
SECTION 4. The conditions of Resolution 21, 1998 are amended as follows and
shall be the responsibility of the Applicant, its successors, or assigns:
1. Prior to the issuance of the building permit, the applicant is required to
obtain a Northern Palm Beach County Improvement District Permit.
(SAT1 S F I ED)
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Date Prepared: July 11, 2007
Resolution 78, 2007
2. Prior to the issuance of the first building permit, the Applicant shall provide
public access dedication for the proposed sidewalk connecting PGA
Boulevard to the Gardens Mall. (SATISFIED)
3. Prior to the issuance of the first building permit, the Applicant shall provide
updated plans deleting all references to covered parking. (SATISFIED)
4. The tenant siqnage on the northeast buildinq elevation shall be identical to
the siqnage on the southwest building elevation. (Planning & Zoning)
SECTION 5. This site plan approval shall be in compliance with the following
plans on file with the City’s Growth Management Department:
1. March 4, 1998, Site Plan, Smith and Moore Architects, Inc., Sheet A-I .
2. March 4, 1998, Site Plan with Adjacent Properties, Smith and Moore
Architects, Inc., Sheet A-2.
3. February 27, 1998, Zoning Map, Future Land Use 2010 Map, Vicinity Map,
Project Identification Sign, Dumpster Enclosure Details, Dumpster
Enclosure Wall Detail, Parking Stall Detail, Smith and Moore Architects,
Inc., Sheet A-3.
4. February 27, 1998, Building Elevations, Smith and Moore Architects, Inc.,
Sheet A-4.
5. February 27, 1998, Building Elevations, Smith and Moore Architects, Inc.,
Sheet A-5.
6. March 5, 1998, Landscape Plan, Howard F. Ostrout, Jr., and Associates,
Sheet L-I.
7. March 5, 1998, Landscape Legend/Planting Diagrams & Specifications,
Howard F. Ostrout, Jr., and Associates, Sheet L-2.
8. March 2, 1998, Paving and Drainage Details, LTL Associates, Inc., Sheet 4
of 5.
9. March 2, 1998, Paving and Drainage Notes, LTL Associates, Inc., Sheet 5
of 5.
SECTION 6. This 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.
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Date Prepared: July 11, 2007
Resolution 78, 2007
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PASSED AND ADOPTED this day of , 2007
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL.SUFFlClENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR LEVY
COUNCILMEMBER JABLlN
COUNCILMEMBER VALECHE
COUNCILMEMBER BARNETT
-- AYE NAY ABSENT
G:\attorney-share\RESOLUTlONS\pga financial center bldg - signs - reso 78 2007.doc
5
CITY OF PALM BEACH GARnENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: August 14,2007
Meeting Date: October 18,2007
Resolution 95,2007
SUBJECT/AGENDA ITEM
Resolution 95,2007: Hood Road Residential Parcel PUD - Concurrent Processing Request
Consideration of Approval: A request by Mr. Donaldson Hearing of Cotleur & Hearing, agent for
Palm Bible Chapel of North Palm Beach, Inc. and U.S. Land Holdings, LLC, to allow for the
concurrent processing of a Future Land Use Map Amendment (FLUM) and a Planned Unit
Development (PUD). The 10.43-acre subject site is located at the southwest corner of Hood Road
and Interstate-95.
[XI Recommendation to APPROVE
1 ] Recommendation to DENY
Reviewed by: 1
/n
Administrator
Kara Irwin, AICb
Development Compliance
Bahareh Wolfs, AlCP
NIA
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Approved By: A
Originating Dept.:
Growth Management:
Richard a ro
Planner
[XI Quasi -Judicial
[ ] Legislative
[ ] Public Hearing
Advertised:
[ ] Required
[XI Not Required
L Affected Parties:
[ ]Notified
[XI Not Required
FINANCE: NJA
Costs: $ N/A
Total
$ NIA
Current FY
Funding Source:
[ 3 Operating
[XI Other-
Budget Acct.#:
NIA
City Council Action:
[ ]Approved
[ ] App. w/ conditions
[ ] Denied
[ J Rec. approval
[ ] Rec. app. wl conds.
[ 3 Rec. Denial
[ ] Continued to:
Attachments:
0 Development App
0 Applicant Narrative
0 Resolution 95, 2007
Concurrent
Processing
Agreement
Date Prepared: August 14, 2007
Meeting Date: October 18. 2007
Resolution 95. 2007
EXECUTIVE SUMMARY
The subject petition is a request to allow the concurrent processing of a Planned Unit Development
(PUD) and a Future Land Use Map Amendment (FLUM) for the 10.43-acre parcel located at the
southwest comer of Hood Road and Interstate-95. The subject property has an existing land use
designation of Residential Low (RL), and the applicant is requesting to modify the future land use
designation to Residential Medium (RM). The applicant is proposing to develop the property as a
residential PUD consisting of 74 townhouse dwelling units. In order to allow said development on
the subject site, the applicant has filed and will need to obtain approval for the following:
*:* Petition CPMA-06-0 1-000002: A request for a small-scale land-use change for said 1 0-acre
parcel from Residential Low (RL) land-use designation to Residential Medium (RM) land-
use designation.
*:* Petition PPUD-06-06-000008: A request for a PUD to allow for master plan approval of 74
townhouse dwelling units.
Please note: The application and project narrative has been attached hereto for reference.
CONCURRENT PROCESSING
Section 78-44 of the City's Land Development Regulations, entitled Concurrent processing,
establishes the following criteria that should be considered by the City Council in determining
whether or not to allow the concurrent processing of development applications.
(1)Comprehensive plan amendment (CPA). If a CPA is proposed, whether the proposal:
a. Will result in a land-use which is incompatible with surrounding uses, including land uses
u ithin and outside the city's municipal boundaries;
Stuff' Anulvsis: The existing land-use designation of the subject parcel is Residential Low;
the proposed land-use designation is Residential Medium (RM). The existing land uses
adjacent to the subject site are as follows:
North: Mixed-Use (MXD): Briger Parcel
South: Residential Medium (RM): Westwood Gardens
West: Residential Medium (RM): Westwood Gardens
Interstate-95
The subject property is bounded by Westwood Gardens PUD to the south and west, the
Briger Parcel to the north, and Interstate-95 to the east. Due to its location relative to
existing residential neighborhoods and Interstate-95, it is staffs professional opinion that the
requested Residential Medium land-use designation is compatible with the surrounding
existing land uses.
2
Date Prepared: August 14,2007
Meeting Date: October 18, 2007
Resolution 95,2007
b. Has been the subject of an objection raised via the Interlocal Plan Amendment Review
Committee (IPARC) or the Countywide Issues Forum; and
Staff Analysis: A notice of the proposed amendment relating to the proposed land-use
change was sent from IPARC on January 9, 2006. To date, the City has not received any
objections in writing to the requested land-use change from IPARC or the Countywide
Issues Forum.
c. The proposed CPA is consistent with and furthers the goals set forth in the City's "vision
statement," entitled "Our Vision - A Strategic Plan" dated December 5, 1996.
Stuff'Anulysis: The proposed development is a residential Planned Unit Development (PUD)
and is consistent with the neighboring residential densities. Therefore, it's staffs
professional opinion that the proposed amendment is consistent with the City's Vision
Statement .
(2) DRI, PCD, or PUD application. Whether an application for approval of a DRI, PCD,
or PUD, or amendment thereto, has received an objection from a neighboring jurisdiction
that has been raised through the development review committee process.
StaffAna1ysi.s: To date, the City has not received any objections in writing from a neighboring
jurisdiction.
(3) Level of service. Whether an application for approval of a DRI, PCD, or PUD, or
amendment thereto, complies with adopted level of service standards or complies with the
City's concurrency requirements.
Staff' Analysis: As noted in the attached Level of Service Analysis, the applicant has
demonstrated that the proposed uses and requested land-use designation complies with the
adopted level of service standards and concurrency requirements of the City.
(4) City benefit. Whether concurrent processing will benefit the City and will not cause an
undue burden or adverse impact to the City.
Staff' Analysis: It is staffs professional opinion that the concurrent processing of the
development order application and comprehensive plan amendment for the subject site will
benefit the City by allowing the applicant to present a full picture of the development plan to the
Planning. Zoning and Appeals Board and the City Council. The request for concurrent
processing will not cause an undue burden or have an adverse impact to the City.
(5) Cessation of processing. If at any time during the concurrent processing, an applicant
fails to satisfy any of the criteria of this section, such as the filing of an objection with the
City, then concurrent processing shall immediately cease. The applicant is responsible at
all times to comply with the requirements and criteria for concurrent processing and bears
all risks for failure of an application to proceed in a timely fashion.
Staff Analvsis: The applicant has acknowledged this provision.
3
Date Prepared: August 14,2007
Meeting Date: October 18, 2007
Resolution 95.2007
(6) Concurrent processing agreement. At the City's discretion, an applicant may be
required to enter into a concurrent processing agreement. The agreement shall set forth
any and all conditions which the City deems necessary to ensure master planning or site
planning of the affected site is completed. The City may include reasonable restrictions or
limitations on use of the affected property. Acceptance of the agreement by the applicant
shall be a prerequisite for approval of concurrent processing. The City Council, by
resolution, shall approve all concurrent processing agreements and Amendments thereto.
Stuff'Anulysis: Staff has received a concurrent processing agreement from the applicant and has
included it as an exhibit to Resolution 95,2007
STAFF RECOMMENDATION
It is staffs professional opinion that the subject request to allow for the concurrent processing of a
PUD application and a comprehensive plan amendment satisfies the requirements set forth in
Section 78-44 of the City's LDRs, entitled Concurrent Processing. Therefore, staff recommends
APPROVAL of Resolution 95,2007.
4
CITY - OF PALM BEACH GARDENS
DEVELOPMENT APPLICATION
Planning and Zoning Division
Growth Management Department
10500 North Military Trail
Palm Beach Gardens, FL 334 10
(561) 799-4243 Fax (561) 799-4281
CITY OF PALM BEACH GARDENS
Request:
- Planned Community Development (PCD)
- Planned Unit Development (PUD)
- Amendment to PCD, PUD or Site Plan
-Conditional Use
- Amendment to the Comprehensive Plan
- Administrative Approval
- Administrative Appeal
Project Name: Hood Road Residential PUD
- Annexation
- Rezoning
-Site Plan Review
- Concurrency Certificate
- Time Extension
- Miscellaneous
X Other: Concurrent Processing
Date Submitted:
Owner: U.S. Land Holdings, LLC and Palm Bible Chapel of North Palm Beach
33420-0633 Applicant Address: P.O. Box 30633, PBG, FL
Applicant’s Phone: (561) 366-7000 Fax No.: (561) 630-0374
Agent: Cotleur & Hearing, Inc.
Contact Person: Don Hearing / Alessandria Kalfin E-Mail: akalfin@cotleur-hearing.com
Agent’s Mailing Address: 1934 Commerce Lane, Suite 1, Jupiter, Florida 33458
Agent’s Telephone Number: (561) 747-6336 ext. 113/128 Fax: (561) 747-1377
FOR OFFICE USE ONLY
Petition Number: Date & Time Received:
Fees Received
Application $ Engineering $
Receipt Number:
1
Architect: Affinity Architects Phone Number: (56 1) 750-0445
Engineer: Keshavarez & Associates Phone Number: (561) 689-8600
Planner: Cotleur & Hearing, Inc. Phone Number: (56 1) 747-6336
Landscape Architect: Cotleur & Hearing., Inc. Phone Number: (561) 747-6336
Site Information: Note: Petitioners shall submit electronic digital files of
See attachment for details. approved projects.
General Location: At the southwest corner of Hood Road and Interstate 95
Address: 54 10 and 5490 Hood Road
Section: 35 Township: 41 Range: 42
Property Control Number(s): 52-42-41-35-00-000-1090 and 52-42-41-35-00-000-1060
Acreage: 10.43 Current Zoning: PDA Requested Zoning: PUD
Flood Zone TBD Base Flood Elevation (BFE) - to be indicated on site plan TBD
Current Comprehensive Plan Land Use Designation: RL - Residential Low
Existing Land Use:Vacant/Single Family Res.
Proposed Use(s) i.e. hotel, single family residence, etc.: Residential, Multi-Family
Requested L.U.: RM - Multi Family Residential
Proposed Square Footage by Use: Varies by Unit
Proposed Number and Type of Dwelling Unit(s) i.e. single family, multifamily, etc. (if
applicable): 85 multi-family dwelling units
Justification
Information concerning all requests (attach additional sheets if needed.)
{Section 78-46, Application Procedures, Land Development Regulations}
2
1. Explain the nature of the request:
the same time, an application for Concurrent Processing must be approved bv City Council prior
to scheduling for the Planning and Zoning Adjustment Board. This is required by Section 78-44
of the Land Development Regulation’s.
In order to process the FLUM and the PUD petitions at
2. What will be the impact of the proposed change on the surrounding area? N/A
3. Describe how the rezoning request complies with the City’s Vision Plan and the following elements
of the City’s Comprehensive Plan - Future Land Use, Transportation, Housing, Infrastructure, Coastal
Management, Conservation, Recreation and Open space, Intergovernmental Coordination and Capital
Improvement.
This is a request for concurrent processinp.
4. How does the proposed project comply with City requirements for preservation of natural resources
and native vegetation (Section 78-30 1, Land Development Regulations)?
N/A
3
5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78-
26 1, Land Development Regulations)?
This is not applicable to this request for concurrent processing application.
6. Has project received concurrency certification? NO
Date received: Not Applicable
Legal Description of the Subject Property
See attached deed for legal description.
4
Location
The subject property is located approximately 0 mile(s) from the intersection of Hood Road
and Interstate 95 on the - north, - east, X south, -west side of Hood Road
(s treethoad).
5
Statement of Ownership and Desimation of Authorized Agent
Before me, the undersigned authority, personally appeared
who, being by me first duly sworn, on oath deposed and says:
1. That he/she is the fee simple title owner of the property described in the attached
Legal Description.
2. That he/she is requesting Concurrcnt Processing in the
City of Palm Beach Gardens, Florida.
3. That he/she has appointed Cotleur & Hearing, Inc. to act
as authorized agent on hidher behalf to accomplish the above project.
Palm Bible Chapel of North Palm Beach, Inc. I U.S. Land Holdings, LLC- Name of Owner: - 7,
Signature of Owner
10 107-HUNT-CLUB-LN
Street Address
-- PO Box-30633
P. 0. Box
WPB,-FL-33418
CiG, State, Zip Code
PBG,-FL-33420
City, State, Zip Code
Telephone Number Fax Number
E-mail Address
Sworn and subscribed before me this
My Commission expires:
6
Applicant’s Certification
I/We affirm and certify that I/we understand and will comply with the land development regulations of
the City of Palm Beach Gardens, Florida. I/WE hrther certify that the statements or diagrams made on
any paper or plans submitted herewith are true to the best of my/our knowledge and belief. Further,
I/we understand that this application, attachments, and application filing fees become a part of the
official records of the City of Palm Beach Gardens, Flgrida, and are not returnable.
Applicant is:
- X-Owner
- Optionee
- Lessee
- Agent
- Contrac
Signature of Applicant
Palm Bible Cham1 of NodhEillm Beacklnc. / U.S. Land Holdings, LLC
Print Name of Appiicant -
10107 HUNT CLUB LN / PO Box 30633
Street Address
WPB, FL 33418 / PBG, FL 33420
City, State, Zip Code
36 4-1 3 =,Q
-
Telephone Number
Purchaser
Fax Number
E-Mail Address
7
Statement of Ownership and Designation of Authorized Agent
Before me, the undersigned authority, personally appeared
who, being by me first duly sworn, on oath deposed and says:
I. That he/she is the fee simple title owner of the property described in the attached
Legal Description.
2. That he/she is requesting Concurrent Processing in the
City of Palm Beach Gardens, Florida.
3. That he/she has appointed Cotleur & Hearing, Inc. to act
as authorized agent on hidher behalf to accomplish the above project.
Name of Owner: Palm Bible Chapel of North Palm Beach, Inc. / U.S. Land Holdings, LLC-
J, p / %AJC P4f%.I/f-&--,
By: Name/Title
LL
Signature of Owner
10 107-HUNT-CLUB-LN WPB,-FL-33418
Street Address City, State, Zip Code
-_ PO Box - 30633
P. 0. Box
PB G,-FL-3 3 420
City, State, Zip Code
Telephone Number Fax Number
E-mail Address
Sworn and subscribed before me this
My Commission expires:
6
A p p I ic a n t ’ s C cr t i ti c a t io n
I/We affirm and certify that I/we understand and will comply with the land development regulations of
the City of Palm Beach Gardens, Florida. I/WE further certify that the statements or diagrams made on
any paper or plans submitted herewith are true to the best of my/our knowledge and belief. Further,
I/we understand that this application, attachments, and application filing fees become a part of the
official records of the City of Palm Beach Gardens, Florida, and are not returnable.
,.’-)
Applicant is:
- X-0 wner
- Optionee
- Lessee
Agent
Signature of Applicant
Palm Bible &Del of North Palm BeachJnc. / U.S. Land Holdings, LLC-
Print Name of Appiicant
10107 HUNT CLUB LN / PO Box 30633
Street Address
WPB, FL 33418 / PBG, FL 33420
City, State, Zip Code
3&7 - /OQJ -
Telephone Number
- Contract Purchaser
Fax Number
E-Mail Address
7
March 23, 2007
HOOD ROAD RESIDENTIAL PUD
Miscellaneous Petition for Concurrent Processing
Compliance of Criteria with Code Section 78-44
INTRODUCTION/OVERVIEWt
Introduction,
U.S. Land Holding LLC (the Applicant) is requesting approval of a large-scale future land
use plan amendment as well as approval for a Planned Unit Development (PUD) for a
10.43-acre property located at the southwest corner of Hood Road and Interstate-95.
Due to these applications running concurrent with one another, a Miscellaneous Petition
for Concurrent Processing is required. This petition must be approved by City Council in
order to move forward with the Future Land Use Amendment and the PUD request.
In order for the Concurrent Processing request to be approved, it must meet the criteria
explained in Code Section 78-44 of the Land Development Regulations for the City of
Palm Beach Gardens. Within this justification statement, the applicant will demonstrate
how the request complies with this code section.
Project Contact,
All correspondence in connection with this request should be directed to the Agent for
the applicant:
Cotleur & Hearing Inc.
Donaldson Hearing, ASLA
1934 Commerce Lane
Suite 1
Jupiter, Florida 33458
Phone: (561) 747-6336 Ext. 113
Fax: (561) 747- 1377
Email: dhearing@cotleur-hearing.com
SEC. 78-44. CONCURRENT PROCESSING
Cotleur& Hearing
Hood Road Residential PUD
Concurrent Processing
March 23, 2007
(a) Concurrent processing, The city may accept or process applications for concurrent
approvals of a development order with a comprehensive plan amendment (CPA), a
development of regional impact (DRI), a planned community overlay district (PCD), a
planned unit development overlay district (PUD), or an amendment to any of the
foregoing.
The applicant has submitted a Future Land Use Map Amendment Request in December
2005 and a Planned Unit Development (PUD) application request in June of 2006.
(b) cily council considerations, In determining whether or not to accept or process
concurrent development applications, the city council may consider the following:
(1) Comprehensive plan amendment (CPA). If a CPA is proposed, whether the
proposa I :
a. Will result in a land use which is incompatible with surrounding uses,
including land uses within and outside the city's municipal boundaries;
The subject propetty has an existing land use des@natton of RL - Residential
Low, and the applicant is requesting to modi@ the future land use
designation to RM - Residential Medium. The proposed modjfica~on is
consistent with surroundjng development patterns/ and is suitable given this
property's location adjacent to both Hood Road and lnterstate 95.
b. Has been the subject of an objection raised via the Interlocal Plan
Amendment Review Committee (IPARC) or the Countywide Issues Forum;
and
The subject property has not been the subject of an objectton raised via the
lnterlocal Plan Amendment Review Committee of the Countywide Issues
Forum.
c. The proposed CPA is consistent with and furthers the goals set forth in
the city's "vision statement," entitled "Our Vision - A Strategic Plan" dated
December 5, 1996.
The proposed land use amendment and PUD request is consistent with the
accepted policies of the City of Palm Beach Gardens. The subject property,
based on previous actions by the City/ has always intended to be developed
as residential. The applicant is not proposing to mod@ the use of the site/
but is asking for the land use plan amendment in order to increase the
density on the subject property/ to be consistent with the character of ii3
location and surrounding uses. Furthermore, the proposed land use
amendment and PUD request is consistent with the goal$ policies and
objectives outlined within the Cily's Wsion Statement.
Cotleur& Hearing
Hood Road Residential PUD
Concurrent Processing
March 23, 2007
(2) DRI, PCD, or PUD application. Whether an application for approval of a DRI,
PCD, or PUD, or amendment thereto, has received an objection from a neighboring
jurisdiction that has been raised through the development review committee
process.
At this time, no objection to the PUD application has been received from a
neighboring jurisdktion that has been raised through the development review
committee. All surroundhg property is within the City of Palm Beach Gardens
jurisdiction.
(3) Level of service. Whether an application for approval of a DRI, PCD, or PUD,
or amendment thereto, complies with adopted level of services standards or
complies with the city's concurrency requirements.
A sewer, water, trafic solid waste and drainage analysis has been completed by
the appropriate consultants, hired by the applicant. These studtes have been
included within the FL UM petition submittal.
(4) City benefit. Whether concurrent processing will benefit the city and will not
cause an undue burden or adverse impact to the city.
The applicant is furthering the City's goal to provide safe and sanitary housing to
current and future residents of the City of Palm Beach Gardens. Concurrent
processing will expedte the approval of this goal and will not have an undue
burden or adverse impact to the Uly.
(c) Cessal-ion ofprocessing, If at any time during the concurrent processing, an
applicant fails to satisfy any of the criteria of this section, such as the filing of an
objection with the city, then concurrent processing shall immediately cease. The
applicant is responsible at all times to comply with the requirements and criteria for
concurrent processing and bears all risks for failure of an application to proceed in a
timely fashion.
The applicant acknowledges this requirement and will act accordingly.
(d) Concurrent processing agreement. At the city's discretion, an applicant may be
required to enter into a concurrent processing agreement. The agreement shall set forth
any and all conditions which the city deems necessary to ensure master planning or site
planning of the affected site is completed. The city may include reasonable restrictions
or limitations on use of the affected property. Acceptance of the agreement by the
applicant shall be a prerequisite for approval of concurrent processing. The city council,
by resolution, shall approve all concurrent processing agreements and amendments
thereto.
7he applicant acknowledges the possibility of this agreement and any applicable
restrictions or limital-ions and is ready to act accordingly if necessary.
Cotleur& c9 Hearing
-3-
Hood Road Residential PUD
Concurrent Processing
March 23, 2007
CONCLUSION:
The Applicant is requesting approval of a large scale future land use amendment and a
planned unit development, in order to provide valuable and much-need housing
opportunities for existing and future residents of the City of Palm Beach Gardens. In
order for the City to view these requests side by side, the applicant is also requesting a
Miscellaneous Petition for the approval of a Concurrent Processing.
The proposed use for the site, as a multi-family residential development, is consistent
with surrounding uses and intensities of development. The justification for the increased
density on the subject property is further attributable to the fact that it is situated along
two major roadways in the City, Hood Road to the north, and Interstate 95 to the east.
The easy accessibility to the site, as well as its proximity to goods and services, makes it
an ideal location for further residential development and to foster the goals of the City.
Cotleur& Hearing
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RESOLUTION 95,2007
A RESOLUTION OF THE CITY COUNCIL OF
BEACH GARDENS, FLORIDA ALLOWING
THE CITY OF PALM
THE CONCURRENT
PROCESSING OF A PLANNED UNIT DEVELOPMENT (PUD) AND A
PARCEL LOCATED AT THE SOUTHWEST CORNER OF HOOD
ROAD AND INTERSTATE 95; APPROVING A CONCURRENT
PROCESSING AGREEMENT; AND PROVIDING AN EFFECTIVE
DATE.
COMPREHENSIVE PLAN AMENDMENT FOR THE IO-ACRE
WHEREAS, the City of Palm Beach Gardens has received an application
(CCPR-07-03-000002) from Mr. Donaldson Hearing of Cotleur & Hearing Inc., on behalf
of U.S. Land Holdings, LLC and Palm Bible Chapel of North Palm Beach, to allow the
concurrent processing of a Planned Unit Development (PUD) and a comprehensive
plan amendment for the IO-acre parcel located at the southwest corner of Hood Road
and Interstate 95; and
WHEREAS, Section 78-44, Code of Ordinances, entitled Concurrenf processing,
establishes criteria that should be considered by the City Council in determining
whether or not to accept or process concurrent development applications; and
WHEREAS, the Growth Management Department has reviewed the request for
concurrent processing and determined that it satisfies the aforesaid criteria; and
WHEREAS, the City Council has determined that the concurrent review of a PUD
and a comprehensive plan amendment for the IO-acre subject site will allow the
Applicant to present a full picture of the development plan to the Planning, Zoning, and
Appeals Board and the City Council and, therefore, deemed the approval of this
Resolution to be in the best interest of the citizens and residents of the City of Palm
Beach Gardens; and
WHEREAS, the City Council has determined that a concurrent processing
agreement is in the best interest of the City and has included it as Exhibit “A’, attached
hereto and incorporated herein.
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.
Date Prepared: August 15, 2007
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Date Prepared: August 15, 2007
Resolution 95, 2007
SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby
approves a request to allow the concurrent processing of a PUD and a comprehensive
plan amendment petition for the IO-acre parcel located at the southwest corner of Hood
Road and Interstate 95, as more particularly described below:
LEGAL DESCRIPTION:
A PARCEL OF LAND LYING IN THE WEST THREE QUARTERS OF THE NORTH
HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY,
FLORIDA, LESS RIGHT-OF-WAY FOR THE INTERSTATE 95 (STATE ROAD 9) AS
SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP
SECTION NO. 93220-2474 AND LESS THAT PORTION LYING NORTH OF THE
SOUTH LIMITED ACCESS RIGHT-OF-WAY LINE FOR HOOD ROAD AS SHOWN ON
SAID RIGHT-OF-WAY MAP, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SECTION 35, TOWNSHIP 41
SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA:
THENCE SOUTH OO”48’03” WEST ALONG THE EAST LINE OF SAID SECTION 35
(THE EAST LINE OF SAID SECTION 35 IS ASSUMED TO BEAR SOUTH OO”48’03”
WEST AND ALL OTHER BEARINGS ARE RELATIVE THERETO) A DISTANCE OF
1413.12 FEET TO A POINT ON THE CENTERLINE OF HOOD ROAD AS DESCRIBED
IN DEED BOOK 1139, PAGE 281 , PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; THENCE NORTH 88”06’58” WEST ALONG SAID CENTERLINE A
DISTANCE OF 1646.55 FEET TO A POINT ON THE EAST LINE OF THE WEST
THREE QUARTERS OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE SOUTH OO”49’19”
WEST ALONG THE AFOREMENTIONED LINE A DISTANCE OF 617.99 FEET TO A
SHOWN ON THE DEPARTMENT OF TRANSPORTATION MAP SECTION NUMBER
HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE SOUTH OO”49’19”
WEST A DISTANCE OF 48.21 FEET TO A POINT ON THE SOUTH LINE OF THE
WEST THREE QUARTERS OF THE NORTH ONE HALF OF THE SOUTHWEST ONE
QUARTER OF THE NORTHEAST ONE QUARTER OF SAID SECTION 35; THENCE
NORTH 88’18’22” WEST ALONG SAID LINE A DISTANCE OF 456.57 FEET; THENCE
NORTH OO”50’10” EAST A DISTANCE OF 81.03 FEET; THENCE NORTH 44”09’50
WEST A DISTANCE OF 386.57 FEET; THENCE NORTH 88”18’22” EST A DISTANCE
LINE OF SAID SECTION 35; THENCE NORTH OO”50’10 EAST A DISTANCE OF
POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF INTERSTATE 95 AS
93220-2474, SAID POINT BEING THE POINT OF BEGINNING OF THE
OF 258.06 FEET TO A POINT ON THE NORTH-SOUTH ONE QUARTER SECTION
204.65 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF HOOD ROAD
AS SHOWN ON SAID DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP;
THENCE SOUTH 78”23’03” EAST A DISTANCE 209.95 FEET; THENCE SOUTH
88’06’58” EAST A DISTANCE OF 521.50 FEET TO THE POINT OF INTERSECTION
2
Date Prepared: August 15, 2007
Resolution 95, 2007
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WITH THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF INTERSTATE 95; THENCE
SOUTH 27’59’44 EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 539.61
FEET TO THE POINT OF BEGINNING
CONTAINING 7.00 ACRES, MORE OR LESS
TOGETHER WITH:
THE WEST THREE QUARTERS OF THE NORTH HALF OF THE SOUTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 35, TOWNSHIP 41
WAY FOR INTERSTATE 95 (STATE ROAD 9) AS SHOWN ON FLORIDA
2474 AND LESS THAT PORTION LYING NORTH OF THE SOUTH LIMITED ACCESS
RIGHT OF WAY MAP LESS THE FOLLOWING DESCRIBED PARCEL OF LAND:
SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, LESS RIGHT-OF-
DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION NO. 93220-
COMMENCE AT THE NORTHEAST CORNER OF SECTION 35, TOWNSHIP 41
SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA;
THENCE SOUTH 00’48’03” WEST ALONG THE EAST LINE OF SAID SECTION 35
(THE EAST LINE OF SAID SECTION 35 IS ASSUMED TO BEAR SOUTH 00’48’03”
WEST AND ALL OTHER BEARINGS ARE RELATIVE THERETO) A DISTANCE
1413.12 FEET TO A POINT ON THE CENTERLINE OF HOOD ROAD AS DESCRIBED
IN DEED BOOK 1139, PAGE 281, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; THENCE NORTH 88’06’58” WEST ALONG SAID CENTERLINE A
DISTANCE OF 1646.55 FEET TO A POINT ON THE EAST LINE OF THE WEST
THREE QUARTERS OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE SOUTH 00’49’19”
WEST ALONG THE AFOREMENTIONED LINE A DISTANCE OF 617.99 FEET TO A
SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION MAP SECTION
HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE SOUTH 00’49’19’’
WEST A DISTANCE OF 48.21 FEET TO A POINT ON THE SOUTH LINE OF THE
WEST THREE QUARTERS OF THE NORTH ONE HALF OF THE SOUTHWEST ONE
QUARTER OF THE NORTHEAST ONE QUARTER OF SECTION 35; THENCE
NORTH 88’1 8’22 WEST ALONG SAID LINE A DISTANCE OF 456.57 FEET; THENCE
NORTH 00’50’10” EAST A DISTANCE OF 81.03 FEET; THENCE NORTH 44’09’50
WEST A DISTANCE OF 386.57 FEET; THENCE NORTH 88’18’22’’ WEST A
SECTION LINE OF SAID SECTION 35; THENCE NORTH 00’50’10” EAST A
POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF INTERSTATE 95 AS
NUMBER 93220-2474, SAID POINT BEING THE POINT OF BEGINNING OF THE
DISTANCE OF 258.06 FEET TO A POINT ON THE NORTH-SOUTH ONE QUARTER
DISTANCE OF 204.65 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF
HOOD ROAD AS SHOWN ON SAID DEPARTMENT OF TRANSPORTATION RIGHT-
OF-WAY MAP; THENCE SOUTH 78’23’03” EAST A DISTANCE OF 209.95 FEET;
INTERSECTION WITH THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF
THENCE SOUTH 88’06’58” EAST A DISTANCE OF 521.50 FEET TO THE POINT OF
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G:\attorney-share\RESOLUTlONS\Concurrent processing -reso 95 2007.docx
Date Prepared: August 15, 2007
Resolution 95, 2007
INTERSTATE 95; THENCE SOUTH 27’59’44” EAST ALONG SAID RIGHT-OF-WAY
LINE A DISTANCE OF 539.61 FEET TO THE POINT OF BEGINNING.
CONTAINING 3.425 ACRES, MORE OR LESS.
SECTION 3. This approval shall be consistent with all presentations made by the
Applicant or Applicant’s agent at any workshop or public hearing.
SECTION 4. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this day of , 2007
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL S U F FlCl E NCY
BY:
Christine P. Tatum, City Attorney
VOTE: -- AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR LEVY ---
COUNCILMEMBER JABLIN ---
COUNCILMEMBER VALECHE ---
COUNCILMEMBER BARNETT ---
4
Date Prepared: August 15, 2007
Resolution 95. 2007
EXHIBIT “A”
09/20/2007 THU 13:Ol FAX
k6.r - @I 002
CONCURRENT PROCESSING AGREEMENT
T PROCESSING AGREEMENT (”Agreement”) is made this
, 2007, by and between the CITY OF PALM BEACH
nicipal corporation (“City”), whose address is 10500 North
Military Trail, Palm Beach Gardens, Florida 33410, and U.S. HOLDINGS, LLC and
PALM BIBLE CHAPEL OF NORTH PALM BEACH (the “Applicant”), whose address is
PO Box 30633, Palm Beach Gardens, Florida 33420-0633.
RECITALS
WHEREAS, the City is empowered to and authorized to enter into this
Agreement pursuant to Section 78-44, Code of Ordinances; and
WHEREAS, the Applicant is the owner of the subject Property, which is
described in Exhibit “A,” attached hereto and incorporated herein; and
WHEREAS, the Applicant desires to submit an Application for concurrent
processing of a Comprehensive Plan Amendment (CPA) and Planned Unit
Development with a minor conditional use approval (the PUD) applications concurrently;
and
WHEREAS, the Applicant acknowledges and agrees that the review and
approval of the CPA must occur prior to, or concurrent with, approval of the
aforementioned PUD approval application; and
WHEREAS, the Applicant acknowledges that the City shall not commence
concurrent processing of a site plan application until the CPA is deemed sufficient and
is otherwise found complete by the City; and
WHEREAS, the Applicant acknowledges and agrees that such concurrent
processing is proceeding at its own risk. The PUD is contingent upon the final approval
by the City Council of the CPA. The PUD Development Order is contingent upon the
final approval of the CPA amendment. The PUD approval will not be effective before
final action is taken by the City Council regarding the CPA and when the appeal periods
have expired; and
WHEREAS, the City and the Applicant acknowledge and agree that concurrent
review of the CPA and PUD approval applications will result in a more comprehensively
planned project, as more particularly set forth herein, and that allowing such concurrent
review is in the best interest of the City and the Applicant; and
-~ ~ 09/20/2007 TW 13:02 FAX
WHEREAS, the City finds, as a matter of fact, that processing of the PUD
approval application concurrently with the CPA application is consistent with Resolution
148, 1996 of the City of Palm Beach Gardens, Florida.
NOW, THEREFORE, the City and the Applicant hereby agree as follows:
1. RECITATIONS. The recitations, statements, and agreements set forth
above are acknowledged by the City and the Applicant to be true and correct
statements and agreements, and are incorporated as a substantive and material part of
this Agreement.
2. CONCURRENT PROCESSING. The PUD approval application shall be
reviewed and processed concurrently with the CPA application for the subject Property.
No other PUD approval application shall be concurrently processed with the CPA
application, except with the prior approval of the City Council.
3. SUFFICIENCY OF APPLICATIONS. The City shall not commence review
of the PUD approval application until all requirements of the City's Land Development
Regulations, including, but not limited to, submission requirements, have been complied
with for the PUD approval application.
4. MASTER PLAN. The Applicant agrees that the City may require, at the
City's sole discretion, that the Applicant master plan the subject property by entering
into a Development Agreement pursuant to Section 163.3220, Florida Statutes, at such
time as the City may deem necessary.
5. CITY'S PARTICIPATION. The Applicant acknowledges and agrees that
the City's participation in this Concurrent Processing Agreement is intended to ensure
the overall master planning of the Property, and in no way obligates or binds the City to
approve, or approve with conditions and/or modifications, either application without
recourse as a result of this Agreement.
6. EXPENSESlNO RELIANCE. The Applicant agrees and acknowledges that
it is proceeding "at its own risk" by processing the applications cancurrently and may not
recover from the City any costs or expenses associated therewith in reliance upon this
Agreement.
7. TERM. This Agreement shall continue for a period of twelve (12) months
unless earlier terminated by the City in the event Planning and Zoning issues remain
unresolved in the concurrent processing of the CPA and the PUD Approval applications
after the expiration of the twelve (1 2) month period.
2
09/20/2007 THU 13:02 FAX
8. IPARC. Additionally, should a formal written objection to the CPA
application be filed through the Intergovernmental Plan Amendment Review Committee
(IPARC) pursuant to that Interlocal Agreement entered into by the City pursuant to
Resolution 81, 1993, concurrent processing will terminate until such time as the formal
written objection has been withdrawn or resolved.
9. COMPLIANCE. The Applicant acknowledges and agrees that concurrent
processing as approved by the City Council shall at all times be contingent upon
compliance with all provisions of Section 78-44, Code of Ordinances and other relevant
policies and ordinances, and that failure to so comply with said policies and ordinances
shall result in termination of concurrent processing.
IO. AMENDMENTS. This Agreement may be amended only by mutual written
consent of the parties.
11. SUCCESSORS IN INTEREST. This Agreement and any rights and
responsibilities hereunder are binding and inure to the benefit of the City and the
Applicant, as well as their respective successors in interests and assigns, which may
succeed to or be assigned partial or whole interest.
12. RECORDING. After the City Council has approved this Agreement, the
City shall cause this Agreement to be recorded with the Clerk of the Circuit Court in
Palm Beach County. The Applicant will be responsible for the costs of recording same.
13. GOVERNING LAW. This Agreement shall be governed by the laws of the
State of Florida and judicial review, and jurisdiction or any actions between the parties
to this Agreement shall be in Palm Beach County, Florida.
14. WAIVER. To the extent permitted by law, the Applicant hereby waives any
right to sue the City of any matters associated with this Agreement.
(The remainder of this page left intentionally blank)
3
09/20/2007 THU 13:02 FAX 005
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date set forth above.
ATTEST: CITY OF PALM BEACH GARDENS, a Florida
municipal corporation
By: By:
Patricia Snider, CMC, City Clerk Joseph R. Russo, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By:
WlTN ESSES: U.S. LAND HOLDINGS, LLC
BY
Pri
By: (CORPORATE SEAL)
Printed Name:
WITNESSES: PALM BIBLE CHAPEL OF NORTH PALM
BEACH
Title:
(CORPORATE SEAL)
G:\attorney-share\AGREEMENTS\concurrent processing -us land holdings and palm bible chapel of npb.doc
4
c
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: October 1,2007
Meeting Date: October 18,2007
Resolution 98,2007
Subject/Agenda Item:
Petition MISC-07-05-000029: Resolution 98, 2007
A Resolution of the City Council relating to the Mirasol PCD - PGA Boulevard Streetscape:
A Resolution approving the Mirasol Planned Community District (PCD) beautification plan for
PGA Boulevard and authorizing the City Manager to implement the necessary Florida
Department of Transportation (FDOT) permits and maintenance agreements to complete the
project required by Ordinance 18, 2001, Condition 13.
[XI Recommend approval
[ 1 Recommend denial
Review e d by :
City Attorney
Development Conipliance
N/A
Bahareli Wolfs, AICP
Administrator
Approved By:
Originating Dept.:
Growth Management:
Manager l"fllbk
Mark Hendnckson
City Forester
FIN AN CE :
Costs: $-N/A
Total
$- NIA-
Current FY
[ ] Operating
[XI Other N/A
Funding Source:
Advertised:
Date:
Paper:
Budget Acct.#:
NA Affected parties:
[ ]Notified
[XI Not Required
City Council Action:
[ ]Approved
[ ] App. w/ conditions
[ ]Denied
[ ] Rec. approval
[ ] Rec. app. w/ conds.
[ ] Rec. Denial
[ ] Continued to:
Attachments: . Ordinance 18,2001
1 PGA Blvd. Streetscape . Resolution 98,2007
Plans
Date Prepared: October 1,2007
Meeting Date: October 18,2007
Resolution 98,2007
Page 2 ut4
EXECUTIVE SUMMARY
Ordinance 18, 200 1, Condition 13 required the applicant, Taylor Woodrow Communities @
Mirasol, LTD., to submit a beautification plan for PGA Boulevard and the requirements for the
timing of the completion of said improvements for City Council approval. The proposed
resolution would approve the beautification plans, and it will also authorize the City Manager to
implement the necessary FDOT permits and maintenance agreements on behalf of the City for
landscaping and irrigation to complete the beautification of PGA Boulevard south of the Mirasol
PCD.
BACKGROUND
The MirasoI PCD (f.k.a. Golf Digest) was initially approved by Ordinance 21, 1998, and was
subsequently amended by Ordinance 8, 2000, Ordinance 18, 2001 and Ordinance 14, 2002. The
latest amended Condition 13, from Ordinance 18, 200 1 stated:
“Within ninety (9O)days of the completion of the construction plans for the widening of PGA
Boulevard as required by Condition number 34 or no later than January 31, 2004, the applicant
shall submit a PGA Boulevard right-($way beautlfication plan, consistent with the PGA
Boulevard Corridor Overlay and Parkway Overlay, for City Council approval. Council approval
shall include requirements for the timing of the completion of said right-of-way beautlfication
improvements. The maintenance of the landscaping shall he the obligation of the applican t
and/or successors and assigns. ’’
On January 30, 2004, the applicant submitted a PGA Boulevard right-of-way beautification plan
to satisfy the first part of their requirement. The review of this submittal was deferred for years
due to the anticipation of possible modifications to the construction plans for the PGA Boulevard
widening due to the potential for western development. Last year, the applicant revised the
beautification plan for PGA Boulevard and resubmitted a preliminary plan for staff review on
October 13, 2006. After several meetings with the applicant, the PGA Boulevard right-of-way
beautification plans were revised, and the June 13, 2007 submittal, entitled PGA Boulevard
Streetscape, has been deemed suffkient by City staff.
DISCUSSION
This section of PGA Boulevard adjacent to the Mirasol PCD is the last major area, east of the
City’s Urban Growth Boundary, to implement the PGA Boulevard Corridor and Parkway
Overlays. Part of a State recognized Greenway System, PGA Boulevard has wide landscape
buffers that feature meandering sidewalks, a multitude of hardscape amenities, and mostly
native plant material landscaping the medians fronting on residential and commercial land uses.
The proposed off-site beautification improvements include irrigating and landscaping the median
Date Prepwed: October 1,2007
Meetiig Date: October 18,2007
Resolutiuri Y8,2007
Page 3 of 4
and southern road shoulder to compliment the on-site Mirasol PCD Parkway improvements, and
maintain the PGA Boulevard Corridor standards already in place east of the project like Old
Palm, The Commons, Midtown, Legacy Place and the Regional Center.
The proposed beautification plan, designed by Urban Design Studio, was limited by various
engineering aspects of the roadway construction plans. The applicant worked with FDOT to save
as much existing vegetation within the road right-of way boundary as possible. The existing
native vegetation on both sides of the two-lane PGA Boulevard, which were in conflict with the
new swale and road work, had to be removed. In some cases, this included trees and shrubs
planted in the right-of-way by the developer of the PGA National community that historically
supplemented the twenty-five foot wide PGA National Development of Regional Impact (DRI)
landscaped buffer. It should be recognized that both the applicant and the City were
unsuccessful in an attempt to persuade FDOT to eliminate the sidewalk on the south side of the
PGA Boulevard, which terminates at Ryder Cup Boulevard, so that additional landscaping could
be accommodated.
The design of the southern road shoulder includes a short section of meandering sidewalk south
of the Fairway Office Complex, and then a straight six-foot wide sidewalk adjacent to the road’s
curb per FDOT standards. West of Avenue of the Champions, a drainage swale occurs between
the sidewalk and the northern boundary line of the PGA National DRI with clusters of Sabal
Palms, a few Oak trees, Indian Hawthorn shrubs, and Crepe Myrtle trees for color. The applicant
has been coordinating the location of the plant clusters and species types with the PGA National
Property Owner’s Association representatives for the optimum plant location to hnction as
screening for some of the PGA National residents most impacted by the roadway improvements.
Three new medians will be constructed within PGA Boulevard between the Ronald Reagan
Turnpike intersection and the western terminus of the project just beyond Ryder Cup Boulevard.
The middle median is uninterrupted for approximately three quarters of a mile. The landscape
design of the median landscaping includes plant beds of Slash Pines or Sabal Palms with Crepe
Myrtle, Wax Myrtle, Cord Grass, Indian Hawthorne, Cocoplum, Dwarf Fakahatchee, Crown of
Thorns, and Parsons Juniper. A line of five Oak trees are also alternated between the different
plant beds. At the various bull noses, pavers are proposed. The landscape materials and theme
for the medians adhere to the PGA Boulevard Corridor and Parkway Overlays.
The applicant’s intention is to begin installation of the landscaping upon completion of the
roadway construction. In order to help facilitate this schedule, proposed Resolution 98, 2007
provides the provision that allows the City Manager or designee to implement the necessary
FDOT permits, and if necessary the maintenance memorandum of agreement, as opposed to
requiring additional approvals by City Council.
Date Prepared: October 1,2007
Meeting Date: October 18,2007
Resolution Y8,2007
Page 4 of 4
STAFF RECOMMENDATION
Staff recommends approval of Resolution 98, 2007, including conditions,
Last Revised:
June 7,2001
July 17,2001
June 19,2001
ORDINANCE 18,2001
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, PROVIDING FOR AMENDMENT OF ORDINANCE 8,
2000, THE DEVELOPMENT ORDER FOR THE MIRASOL PLANNED
COMMUNITY DISTRICT (FORMALLY KNOWN AS GOLF DIGEST
PLANNED COMMUNITY DISTRICT), BY ADOPTING AN AMENDED
DEVELOPMENT ORDER; PROVIDING FOR AMENDMENT OF THE
MASTER DEVELOPMENT PLAN TO RECONFIGURE GOLF AND
RESIDENTIAL DEVELOPMENT PARCELS; PROVIDING FOR MODIFIED
CONDITIONS OF APPROVAL; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on October 15, 1998, the City Council adopted Ordinance 21, 1998, which
approved the rezoning of lands located between PGA Boulevard and Hood Road, west of Florida’s
Turnpike, known as “Golf Digest” to Planned Community District (“PCD”); and
WHEARAS, on May 8, 2000, the City Council adopted Ordinance 8,2000, which approved an
amendment to the Golf Digest PCD; and
WHEREAS, the City of Palm Beach Gardens has received an application (Petition PCD-01-01)
from Taylor Woodrow Communities at Mirasol, Ltd., a Florida limited partnership, to amend the
development order for the Golf Digest PCD; and
WHEREAS, the Growth Management Department (the “Department”) has reviewed said
petition and determined that is sufficient; and
WHEREAS, the PCD amendment is consistent with the City’s Comprehensive Plan and Land
Development Regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA:
SECTION 1 The City Council of the City of Palm Beach Gardens, Florida hereby approves
the application of Taylor Woodrow Communities at Mirasol, Ltd., a Florida limited partnership, for
amendments to the approved Golf Digest Planned Community District. The development order, as
amended, is herein restated and modified accordingly:
-1-
1.
2.
The master plan is reconfigured to remove 9 holes of golf;
Conditions 2, 4, 10, 13, 17, 18, 19c, 19d, 26, 28, 33c, and 34 as adopted by Ordinance 8,2000
are modified herein. In addition, two new conditions have been added to the development
order and the conditions have been re-numbered accordingly.
Exhibits have been modified to depict 1 and 2 above, as necessary. 3.
SECTION 2. The following provisions shall apply in this ordinance:
A. For purposes of this ordinance, the term Applicant shall refer to Taylor Woodrow
Communities at Mirasol, Ltd., a Florida limited partnership. The Applicant shall be the sole
party responsible for the obligations herein, unless such obligations are specifically and
expressly assigned by the Applicant, in whole or in part. At such time as the master Property
Owner’s Association (POA) is duly formed and incorporated, the POA shall be made
responsible for those obligations relating to environmental preservation, landscape
maintenance, including buffer, parkway and easement areas, and other related aesthetic
improvements as shall be agreed upon in the POA documents.
Development of this project shall be in conformity with all codes, ordinances, rules and
regulations of the City as such may be amended from time to time, including, but not limited
to, the City’s landscape and natural resources requirements
B.
SECTION 3. The following waivers from the City of Palm Beach Gardens Land Development
Regulations are hereby granted with this approval:
A. PCD Master Plan Submission Requirements
1.
2.
3.
Section ! ! 9 50<2)~.5 23 (Q2f (total land aredopen space)
Section I I!? 50{2)s! 5 23 (Q2k (signage locations)
Ecctior, I!!? 50{2>:: 23 (e)10 (landscape plan)
-2-
Subsequent site plan review and approval shall be required for: 1) the location and amount of open
space included in each residential and nonresidential area; 2) signage locations; 3) detailed landscape
plans in compliance with Chapter 98 for buffers, entrance features and common areas; 4) elevation of
landscapindscreening around pump stations; 5) cross-sectiodlandscape plan for road to the Seacoast
Utility Authority plant; 6) details on the areas between parcels; and 7) details for common areas or
other sites not defined within a parcel (sales center, gatehouse, entrance features).
B. Subdivision Design Standards
1. Section -3 (sidewalks) to allow sidewalks on one side only of streets.
Sidewalks shall be installed consistent with the Sidewalk Location Plan.
C. Zoning Supplementary Regulations
1. Sections ! ! 8 278 75 and 87 (height limitations) to allow a maximum potential height
of 65' for the office use fiom the code limitation of 36'; 45' for the commercial use
from the code limitation of 36'; and 50' for residential high (RH) pods fi-om the code
limitation of 45'.
SECTION 4. Said Planned Community District is approved subject to the following
conditions which are the obligation of the applicant and its successors andor assigns (the conditions
listed in this Section supercede and replace the conditions listed in Section 4 of Ordinance 8,2000):
Project Plans and Uses
1. The height of the office use shall be subject to design and site plan review for final
determination and shall be limited to no more than 65' fiom average elevation at the base of the
building to the top of the parapet.
2. Prior to the issuance of the first residential building permit, development of commercial retail
uses at the 12-acre cormnercial parcel will be prohibited. The commercial retail uses allowed
-3-
.
shall be those uses identified under the CG-1 - General Commercial District in effect at the
time of the adoption of this ordinzxe Ordinance 8,2000.
3. Lots shall not include parkways, landscape easements or buffers, lake maintenance areas or any
water management area, golf course or any other community-serving open space.
4. The gatehouse, sales center and entrance features, including the Golf Club Drive 100-footcross-
section, shall undergo site plan review and consideration by the City Council, without review of
the Site Plan and Appearance Review Committee. The sales center shall be limited to sales and
re-sales of homes within the €bW&ge& Mirasol project. The Sales Center site may
subsequently be used by the Mirasol HOA’s or by the Golf Club for office or recreational use,
or may be sold for low density residential use.
5. Permitted uses within the ‘community facility’ parcel include daycare center, church, recreation
and/or community center, and municipal government uses. Retail commercial uses are
specifically excluded. The uses shall be limited to a total of 10,000 s.f. and 793 total daily trips.
6. Parcel access illustrated on the master plan are conceptual in nature and shall be subject to site
plan review and modification for geometry, operational and safety design details. Parcel
accesses onto Palm Beach County roadways must also be approved by the County.
7. Public road cross-sections, to be dedicated to Palm Beach County, are conceptual in nature and
shall be subject to joint review by Palm Beach County and Palm Beach Gardens.
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8. At a minimum, the developer shall contract with Seacoast Utility Authority (SUA) for enough
reclaimed water to irrigate the golf courses and landscaped areas designed for the PGA
corridor. The storage and distribution of the reclaimed water shall be consistent with a surface
water management system approved by South Florida Water Management District (SFWMD)
and the City.
Environmental Preservation and Landscaping
9. The applicant shall maintain all landscaped areas in compliance with landscape maintenance
performance standards that may be established by the City Forester.
10. All preserve areas, native vegetation and trees to be preserved shall be identified with
protective fencing during construction. The Department shall conduct a site visit prior to
commencement of land alteration or clearing to confirm that the areas identified pursuant to
Chapter 102-1 O(5)e and the approved Preservatioflelocation Plan are protected.
11. Prior to construction plan approval or commencement of land alteration, whichever occurs first,
a preservation or relocation plan shall be submitted and approved by the Department for the
numerous oak trees, dahoon holly and other native canopy species which exist throughout the
property in areas slated for development, Le., outside the proposed upland and wetland preserve
areas.
12. Lighting consistent with a fbture city-selected design for parkways, if and when necessary
according to photometric analysis, shall be installed along all parkway pathways/sidewalks
concurrent with pathwayhidewalk installation. Lighting plans shall be submitted for City
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review concurrent with the submittal of beautificatiodlandscape plans as outlined in conditions
13 and 14.
13. Within ninety (90) days of the zffzctke dzk cf this ~zxzx!ed dr:s!qxzcct
At!: completion of the construction plans for the widening of PGA Boulevard as required by
Condition number 34 or no later than January 31, 2004, the applicant shall submit a PGA
Boulevard right-of-way beautification plan, consistent with the PGA Boulevard Comdor
Overlay and Parkway Overlay, for City Council approval. Council approval shall include
requirements for the timing of the completion of said right-of-way beautification improvements
..th;nh nhnll nnn.3- nn latnr thn- thn t4-4-n nF thn -nvIn.rn.r ;m-rr\.rnmn-tn nc. nrrnn;GnA nn th-
IV1I1VII VllUll VUUUI AIV IUCV1 UIW1 UIV CllAl&llS VL UIV y-rrVVUJ IlllpAW VVIIIVIICU UU UpVVILIyU VI. LIlV
f'nmmn- vVllllllVll Arnn I DI.rnm;nrr llUUlllb Plan. The maintenance of the landscaping shall be the obligation of the
applicant and/or its successors and assigns.
14. Within nine (9) months of the effective date of this amended development order, the applicant
shall submit detailed road right-of-way and parkwayhuffer landscape plans for all public roads
and adjacent common space areas, including pump station screening, for City Council
approval. Further, landscapingheautification plans for the North-South Parkway, from the
north side of the rotary, north of PGA Boulevard, to a line parallel with the southern boundary
of Parcel D, shall necessitate Planning and Zoning Commission review and recommendation
prior to City Council consideration. The landscape plans for public roadways shall include
conceptual median landscape details. The maintenance of the landscaping shall be the
obligation of the applicant andor its successors and assigns. Said landscaping shall be installed
consistent with the Common Area Phasing Plan.
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15. Detailed road right-of-way landscape plans for non-public roadways shall be reviewed and
approved by the Department prior to issuance of a permit to construct said road or phase
thereof.
16. Prior to commencement of land alteratiodconstruction of any golf courses, a conceptual
landscape plan and grading plan for the entire golf area (fairways/roughs, cart path areas, etc.)
to be constructed shall be reviewed by the Department, in consultation with the City
Environmental Consultant. The plans shall detail and locate all golf cart and maintenance
pathways, bridges, golf course structures, utility easements, vegetation to be preserved or
relocated, and new landscaping.
17. Within nine (9) months of the effective date of t!is ~~~ezde:! de*;e!zpzect zrder Ordinance 8,
2o00, the applicant shall submit detailed PCD buffer plans for City Council approval. The
maintenance of the PCD Buffer landscaping shall be the obligation of the applicant andor its
successors and assigns. Buffers shall be installed consistent with the Common Area Phasing
Plan.
18. There shall be a minimum 25' buffer between all parcels and the adjacent collector road
frontage within the wskm-gated residential area (excluding the Mirabella community).
19. Landscape buffers, in addition to the minimum 40' Parkway bufferleasements, shall be
provided within development parcels, outside the Parkways, so that the following minimums
are achieved:
a. There shall be a minimum 15' landscape buffer along 50% of the commercial parcels
frontage of the North-South Parkway.
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I
I
b. There shall be a minimum 15' landscape buffer along the non-water fiontage of Parcels
26 (A), 27 (B) and 29 (D) where they abut the North-South Parkway.
c. Landscape buffers within development parcels shall be a component of the plan details
required by Condition 14. Said landscaping shall be installed concurrent with the
adjacent parkway improvements or with the development of each individual parcel,
whichever occurs first, except for the commercial parcels which shall be installed with
the development of the commercial parcel. During each parcel's site plan review,
additional screening, if necessary, will be added to the 15' landscape buffer.
d. The 15' landscape buffer maintenance shall be im-mkwd the responsibility of the same
entity responsible for the parkway landscaping maintenance.
..
20. All internal buffer details shall be submitted and approved by the Department concurrently with
the associated parcel or common area site plan.
2 1. Preserves and buffers shall be unencumbered by maintenance, utility or drainage easements,
except as otherwise approved in the cross-sections or as may be permitted in certain locations
subject to Department approval.
22. Within twelve (12) months of the effective date of this amended development order, the
applicant shall submit a project signage program for City Council approval.
23. All utilities shall be placed underground and within public road rights-of-way, unless
specifically approved by the Department.
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__ .... . . .
24. Native vegetation within the road rights-of-way shall be protected, where possible. Clearing
shall not occur until road cross-sections (construction plans) are approved by the Department.
In order to receive a clearing permit, the applicant and/or its successors and assigns shall
identify for Department approval areas where existing vegetation can be preserved within the
road rights-of-way.
25. Prior to burning of vegetative debris, the applicant and successors and/or assigns shall secure
all necessary permits and approvals from the City and all other applicable agencies provide at
least 48 hours written notice to the governing boards of the Eastpointe Homeowners
Association, Old Marsh Homeowners Association and PGA National Property Owners
Association.
26. Within thirty (30) days of the effective date of this amended development order, the applicant
shall submit a detailed landscape plan indicating additional landscaping within the swale area
of the Hood Road Parkway right-of-way, to be approved by the Growth Management
Department. Said landscaping shall be installed concurrent with the approved Hood Road
Parkway landscaping (Planning and Zoning).
Dedications / Improvements
27. The applicant and/or its successors or assigns shall be responsible to construct a 9100 s.f.
fire/police station pursuant to City design requirements on the parcel illustrated on the master
plan. Upon completion and issuance of certificate of occupancy, the station shall be dedicated
to the City (fully operational with all utilities). Such dedication shall occur prior to issuance of
the fkst looth certificate of occupancy for the project (excluding the sales center, and golf
maintenance shed), and/or opening of a golf course, whichever occurs first.
28. The applicant shall be responsible for park and recreation impact fees in the following manner:
a. The applicant and/or its successors or assigns shall construct a 15-acre park (on the
parcel illustrated on the master plan), subject to City design standards, and shall
dedicate said improved park to the City prior to issuance of the 5OOth residential
certificate of occupancy. The park improvements, which may be modified by the City
Manager, shall include the following:
0 a half mile-long jogging trail with vitae course along the perimeter of the site
with pedestrian level lighting
2 lighted multi-use (100 yard x 70 yard) fields 0
0 1 lighted softball field
0
0
0
6 fencedlighted regulation sand volleyball courts
1 1,600 s.f. play structure with safety surface
2 pavilions and clustered picnic areas, with maintenance storage capabilities and
public restrooms at one pavilion
0 4 basketball courts
0
0
0
a lighting system adequate to illuminate the four (4) basketball courts
parking lot (lighted) constructed in accordance with city requirements
landscaping (perimeter and interior), turf and irrigation
b. Said; park design shall be approved by the City Manager with review by the Parks and
Recreation Advisory Board. Upon approval of the Park design, the applicant shall provide a
detailed estimate of all costs related to the construction of the Park. Upon dedication of the 15-
acre park, the cost of the park improvements and land shall be credited against park and
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. . .... . - .. - . -. . . .. . .. - . . . . ... . -.
recreation impact fees due for the project. Construction costs shall be determined by the
submission and approval of detailed cost estimates to the Director of Parks and Recreation. In
no event shall the credit received be more than 115% of the approved detailed cost estimates
plus *the agreed upon fair market value of the land. The agreed upon fair market land value has
been determined to be $720,000. Park lighting design and specifications shall be approved by
the City, FPL-leased lights shall not be permitted. Parkway improvements and lighting
installation shall be the responsibility of the applicant.
Upori issuance of this amended development order, the applicant is entitled to issuance of up to
499 residential certificates of occupancy without a park and recreation impact fee payment.
After the 499th certificate of occupancy has been issued, no residential building permits shall be
issued until the park improvements are complete and the park land has been dedicated to the
City.
The applicant andor its successors or assigns shall also provide the City with a cash payment
in lieu of improved recreation land equivalent to the 14.5 acres due pursuant to Section 114-421
of the City’s Codes. These monies shall be due prior to issuance of the l,OOOth residential
certificate of occupancy and shall be paid to the City in a total lump sum, however, in no event
shall the aggregate amount of the park land, park improvement costs and lump sum payment
exceed the $2,867,400 impact fee due.
c.
d.
29. The .applicant and its successors and/or assigns shall provide the School District of Palm Beach
County with a warranty deed for the 32-acre school site by Dece~hcr 3!,2!?28 within sixty
(60) days of the effective date of this amended Development Order. The developer shall plat
and dedicate the school site to the Palm Beach County School District prior to conveying the
deed, and shall have satisfied each of the following conditions prior to deed conveyance:
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. ..
a.
b.
C.
d.
e.
h.
Applicant to provide a title policy insuring marketable title to the Palm Beach
County School District.
All ad valorem real estate taxes and assessments for the year of closing shall be
pro-rated at the day of acceptance of the deed for the civic site; acceptance date
to be determined by the School District Planning and Real Estate Department.
School site shall be free and clear of all trash and debris at the time of
acceptance of the warranty deed.
The applicant shall provide perimeter landscaping around the school site
including the east boundary in accordance with City requirements prior to the
opening of the first school.
The 90-foot parkway, including the pathway, shall be designed and landscaped
by the applicant in accordance with City requirements and School District’s
review and completed prior to the opening of the first school.
The site shall be a developable site free of environmental constraints.
Applicant shall provide all retention, detention, and drainage required for any
future development of the proposed school site by the School District.
Applicant shall specifically address the following issues:
1. The discharge of surface water from the proposed school site into the
Applicant’s water retention basins.
Provide for easements across the Applicant’s property fiom the proposed
school site to the retention basins, if required.
2.
Applicant to prepare school site to build able grade under the School Districts
Program Management Department supervision.
1. Applicant to provide water and sewer stubbed out to the school site property line.
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j. Applicant to provide a 15-foot stabilized easement to provide for secondary access to
the elementary and middle schools.
The Applicant shall provide the School District with an Environmental Assessment Statement,
which describes the environmental conditions of the property including Wellfield Protection
2one:s by Nzvex.=,bc: !5, 2000 within thirty (30) days of the effective date of this amended
Development Order.
If by March 31,2006, the School Board has not committed to construction of a school as part
of thr: “Five Year Plan”, the school site shall be deeded back to the applicant within ninety (90)
days. If by March 31, 2006, construction of a school has been included in the “Five Year
Plan”, a contract must be let and notice to proceed issued for construction of at least one school
by March 3 1 2008 or the school site shall be deeded back to the applicant within ninety (90)
days. Use of the school site by the applicant will be for residential use at a density subject to
the conversion of traffic capacity reserved for the school site of 1836 net new external trips to a
residential equivalent.
30. The following conditions shall be satisfied as terms of conditional concurrency certification:
a. No more than 10,367 net new external daily trips shall be generated from the referenced
project prior to widening Alternate A1A to a 6-lane roadway from Hood Road to PGA
Boulevard.
No greater than 17,504 net new external daily trips shall be generated from the
referenced project prior to the construction of a second eastbound left turn lane and a
second westbound left turn lane at the intersection of Donald Ross Road and Alternate
A1A.
With regard to Hood Road and Alternate A1A intersection improvements:
b.
c.
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1. No more than 10,367 net new external trips shall be generated from the
referenced project until a signal warrant analysis has been performed for the
intersection of Hood Road and Alternate AlA. This signal warrant analysis
shall be continued on an annual basis until the signal is warranted or buildout of
the referenced project, whichever occurs first. The analysis shall be submitted
to and approved by the City.
An intersection capacity analysis shall be performed to determine the need for
additional turn lanes including, but not limited to, second northbound left turn
lane and second eastbound right turn lanes.
Within six (6) months of the analysis showing the signal is warranted at the
intersection, a contract shall be let and a notice to proceed shall be issued for
installation of a traffic signal at this intersection including all appropriate lane
geometry (as determined in the above referenced intersection capacity analysis),
pavement markings, signage, lighting, etc., as approved. Said installation shall
be completed and fully operational within 6 months of the letting of the contract.
Compliance with Palm Beach County Traffic Performance Standards is
contingent upon restricting membership to the private golf course(s) to residents
of the development. Modification to the private status of the golf course(s) shall
require a Development Order modification and shall require the review and
approval of the Palm Beach County Traffic Division.
2.
3.
4.
31. The following shall be the required lane geometry and signalization at the project entrances.
The specified improvements shall be completed concurrent with each project entrance.
a. Hood Road and Project Entrance:
Northbound 1 Through Lane
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. - . . . .- .- . .
1 Right-Turn Lane
Southbound 1 Through Lane
Westbound 1 Left-Turn Lane
1 Right-Turn Lane
b. PGA Boulevard and East Project Entrance:
Traffic Signal
Northbound 1 Through Lane
1 Right-Turn Lane
Southbound 1 Left-Turn Lane
1 Through Lane
Eastbound 2 Through Lanes
1 Left Turn Lane
Westbound 1 Left-Turn Lane
2 Through Lanes
1 Right-Tum Lane
c. PGA Boulevard and West Project Entrance:
Traffic signal if warranted on or before the specified build-out date contained in the
traffic impact analysis prepared by Kimley-Horn and included as Exhibit number 13.
Northbound 1 Through Lane
1 Right-Turn Lane
Southbound 1 Left-Turn Lane
1 Through Lane
Eastbound 1 Left-Turn Lane
1 Through Lane
1 Right-Turn Lane
Westbound 1 Left-Turn Lane
1 Through Lanes
1 Right-Turn Lane
Further, subject to DOT approval, a pedestrian cross-walk crossing PGA Boulevard shall be provided
at the Ryder Cup Boulevardwestern project entrance.
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32. The 200-foot rotary section geometry, striping and signage shall be approved by the City
Engineer during construction plan review.
33. No more than 16,733 net new external daily trips shall be generated from the referenced project
until the following improvements are constructed at the intersection of Prosperity Farms Road
and PGA Boulevard: Dual left turn lanes East and West Approach.
34. a. In order to comply with the mandatory Traffic Performance Standards, the applicant
shall fund and/or cause commencement of the construction (let a contract and issue a
notice to proceed) of PGA Boulevard as a four lane divided roadway on or before
January 31, 2004 or prior to issuance of building permits which generate more than
17,276 net new external daily trips based upon the traffic impact analysis prepared by
Kimley Horn, referenced as exhibit 13 in Section 4 of this ordinance, whichever occurs
first. The applicant shall prepare the construction plans for the four laning of PGA
Boulevard from the Avenue of the Champions to Ryder Cup Boulevard and obtain the
necessary permits in a time frame to allow the road construction to commence on or
before January 3 1, 2004 or prior to issuance of building permits which generate more
than 17,276 net new external daily trips, whichever occurs first. The applicant shall
enter into an escrow agreement with Palm Beach County that will cause to be placed in
an escrow account road impact fee monies which are due at the time of obtaining
building permits for development within the project. The monies accumulated in the
escrow account will be used to fund the plans preparation and construction costs of the
road improvement.
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b. If the monies in the escrow account are insufficient to adequately hnd plans preparation
and/or construction costs, the applicant will advance the payment of road impact fee
monies and any other monies sufficient to cover the necessary expenditures.
To guarantee plans preparation and construction of the four lane PGA Boulevard
improvement, the applicant xq ;equest thzt the existing surety -;;it!! t!x 5% be
c.
-nlnno-rl Lwlwuuyu UALVI romlnnnmnnt Iw~IUwwLIIvII, has provided and shall maintain surety B+w&M to Palm
Beach County which is in a form acceptable to the City and which appmi&+
retains the City’s interest in said surety & which shtd4-b & in the amount of 110
percent of the estimated cost for plans preparation and construction of the PGA
Boulevard four lane improvement until construction is complete. The amount of the
surety may be reduced as work is completed as provided for in the surety documents.
35. The applicant shall dedicate the Jog Road right-of-way by October 31, 2000 or upon
recordation of the first residential plat, whichever occurs first. Jog Road Right-of-way
landscaping shall remain the installation and maintenance responsibility of the applicant and/or
its successor and assigns.
36. During the course of development, all property within the PCD shall be platted.
Surface Water Management
37. No construction of any portion of the surface water management system shall be undertaken
without first submitting to the City’s plans, specifications, and supporting computations for
review and approval by the City.
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38. Any proposed changes to the South Florida Water Management District Conceptual Surface
Water Management permit shall be concurrently submitted to the City for review and City
approval.
39. The applicant has represented to the City and to South Florida Water Management District that
the project area will be a unit of the Northern Palm Beach County Improvement District. Prior
to the issuance of the first building permit, excluding permits for infrastructure improvements,
golf course maintenance facilities, sales center, gatehouse, entry features (landscape, project
identification walls and the like), all criteria required by law to assess, operate, and maintain
said unit must be confirmed in writing to the City by Northern Palm Beach County
Improvement District .
40. The applicant shall comply with all Federal 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 storm water Notice of Termination.
41. The: applicant shall diligently process its application to SFWMD (SFWMD #990129-8) for a
water use permit to withdraw, via pump, 10.4 MGD Maximum Daily Flow (MDF) from the C-
18 CanaVLoxahatchee Slough into the project lakes. This application shall be consistent with
(1) the water use permit issued to SUA to increase the allocation for the Hood Road Wellfield
fiorn 10.4 MGD Average Annual Daily Flow (AADF) up to 13.8 MGD AADF and (2) the
augmentation of groundwater/wellfield recharge.
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42. The construction, operation and/or maintenance of any elements of the subject project shall
not have any negative impacts on the existing drainage of surrounding areas including but not
limited to East Pointe, Old Marsh, Hood Road, PGA Boulevard, and the Turnpike. If, at any
time during 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 in a manner acceptable to the City.
43. Until such time as a water use permit for a minimum rate of 7.0 MGD MDF, or such lesser
amount agreed to by the applicant, SFWMD, City Engineer and SUA, is issued to the Applicant
by SFWMD to provide water from the C-l8/Loxahatchee Slough (the “Water Use Permit”) to
the project and facilities are constructed and operational to transfer said water into the water
management system consistent with the ERP, the existing eastlwest canal or an approved
equivalent alternate gravity conveyance acceptable to SFWMD and the City (the “Gravity
System”), shall remain in service as a recharge facility to SUA’S Hood Road wellfield.
44. Any temporary construction associated with phasing the proposed surface water management
system improvements shall be undertaken so as not to impact native vegetation in designated
buffer areas, preserve areas, and parkway areas.
45. All areas designated for maintenance of the surface water management system shall be no less
than 20 wide (minimum) with graded slopes no steeper than 8: 1 (horizontal:vertical), or as
may be otherwise required by the Northern Palm Beach County Improvement District. No
construction or landscaping shall be permitted in the maintenance areas that will in any way
restrict, impede, or otherwise limit the use of these areas for their intended purpose.
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46. Prior to the issuance of the first building permit, excluding permits for infrastructure
improvements, the applicant shall provide surety acceptable to the City in the amount of 110%
of the estimated cost of constructing the surface water management system included in the
South Florida Water Management District Conceptual Environmental Resource permit for this
project.
47. Priolr to ,jsuance of building permits for construction of residential homes, golf club facilities
and’or commercial areas, a contract shall be let and a notice to proceed shall be issued by the
applicant for construction of that portion of the surface water management system such that
legal positive drainage, required levels of service, and performance standards for flood
protection in accordance with the City’s codes and ordinances are achieved so that in the event
the project is temporarily delayed or permanently discontinued, the partially constructed
system will meet all required surface water management system levels of service and
performance standards. No Certificates of Occupancy will be issued until the approved
phased portion of the Surface Water Management System has been completed, certified by the
engineer of record, and determined acceptable by the City Engineer, Northern Palm Beach
County Improvement District (NPBCID), and SFWMD.
48. No constructiodland alteration shall occur until a environmental resource permit for
construction and operation of the water management system, or portions thereof are issued by
SFWMD and approved by the City.
49. If necessary and beneficial, as determined by the City Engineer, the Applicant and/or NPBCID
shall implement the “Isolated Lake Plan” contained in the conceptual ERP and shown on the
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attached exhibit entitled 1999 Conceptual Water Management Plan Revision #9 and dated 3-
27-00 when directed by the City Engineer.
50. The water management system shall be designed to accommodate and accept a minimum of 8.1
cfs of discharge from the Turnpike drainage system into the Golf Digest project until such time
as an alternative discharge route is available outside the project (to be provided by others) or a
discharge is not necessary as determined by the City Engineer, and subject to Condition No. 42.
Additionally, the conveyance system will gate off flows into the Turnpike ditches when water
levels exceed 15.0’ NGVD or as otherwise set forth in an operational schedule to be formulated
by thLe City, SUA and NPBCID and as permitted by SFWMD. The structure will be operated by
NPBCLD. If necessary, as determined by the City Engineer, a pump shall be installed by the
applicant andor NPBCID to accept the Turnpike discharge.
51. The water management system shall continue to be analyzed and designed using a dynamic
anallisis acceptable to the City, accounting for piping systems and flood routing in order to
establish minimum road, berm and finished floor elevations. These elevations shall be
documented in tabular form including sub-basin number and master plan parcel identification
on the drainage plans approved by the City. Water surface elevations determined from the
dynamic model analysis shall prevail and supersede those contained in the SFWMD conceptual
Environmental Resource Permit. A building permit for a permanent sales center may be issued
when the results of the dynamic model are accepted by the City.
Water and S-r
52. The existing lo” SUA PVC reclaimed water main, located in the PGA Blvd. Right-of-way,
shall. be relocated concurrent with the project’s PGA Boulevard improvements. The location of
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-. -. . . . .. .. .
the main shall be coordinated with the City Forester, prior to final approval of the construction
plans;, to avoid conflicts, where possible, with landscaping.
Prior to the issuance of any building permits, excluding building permits relating to
infimtructure improvements, golf course maintenance facilities, sales center, gatehouse, entry
features (landscape, project identification walls and the like), applicant shall provide documents
sakfactory to the City and Seacoast Utility Authority (SUA) that modifies Condition number
30 in the conceptual South Florida Water Management District (SFWMD) permit and
Condition #9 in the COE Permit such that it clearly allows SUA the right to access, operate,
maintain and repair the utility lines in the area known as Nursery Lane without having to obtain
any additional permits to work in and/or disturb designated preservation areas; reference
Applkation drawing number 41-2-32-21 as prepared by Mock-Roos and dated September,
1999.
53.
54. Prior to the issuance of any building permits, excluding building permits relating to
infrastructure improvements, golf course maintenance facilities, sales center, gatehouse, entry
features (landscape, project identification walls and the like), the applicant shall conclude
arrangements mutually satisfactory to the developer, SUA and the City that provide an
easeiment or right-of-way for the construction and operation and access for maintenance and
repair of a transmission main from the Northwest comer of the SUA WWTP site to Hood
Road.
55. NPBCID Plan of Improvement for this project shall include all elements of the master surface
water management system including but not limited to the mitigation plan, isolated lake plan
and turnpike pumping station. Said plan of improvements meeting this requirement and
adopted by NPBCID shall be supplied to the City prior to issuing the 1'' building permit,
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exclulding infrastructure improvements, golf course maintenance facilities, sales center,
gatehouse, and entry features. (landscape, project identification walls and the like)
56. Prior to the issuance of any building permits, excluding building permits relating to
infrastructure improvements, golf course maintenance facilities, sales center, gatehouse, entry
features (landscape, project identification walls and the like), the applicant shall: (1) modify the
conceptual ERP to include acceptance of drainage from the SUA WWTP site including wet
weather discharge from the percolation ponds and (2) provide assurance acceptable to the City
that the existing conditions of drainage for the “Bonnett Property” and Hood Road are not
negatively impacted by the development of the project.
57. Upon receipt of all necessary approvals (the cost of which shall be born by the applicant as a
“cost to cure”) and prior to acceptance of the surface water management system, or any portion
thereof, by NPBCID and the City, the applicant shall construct a water control structure for the
SUA WWTP and fill the SUA WWTP site to a minimum elevation of 17.5 NGVD or as
otherwise determined from the dynamic model and (2) relocate the existing SUA WWTP
perimeter landscaping or implement an alternative landscape plan acceptable to the City.
58. The access road to SUA treatment plant site shall be designed to local road specifications with
a minimum crown of road to be at a level of flood protection consistent with a 25 year, one day
stomn.
59. The applicant and/or NPBCID shall furnish and install continuous lake stage recorders
including telemetry equipment meeting NPBCID guidelines. In addition, the stage recorders
and telemetry equipment shall be configured such that the City shall have the capability to
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- - _. _-
instal.1 separate transmitters to monitor lake stages. Installation shall be concurrent with the
acceptance of the water management system by NPBCID for all, or any portion of the system.
The locations and number of stage recorders shall be in accordance with a monitoring plan
mutually acceptable to the City and NPBCID.
60. Prior to the City’s acceptance of the dynamic model of the surface water management system,
the drainage areas (1) stated in the SFWMD conceptual environmental resource permit, (2) as
shown on the 1999 Conceptual Water Management Plan, Revision #9 and dated 3-28-00, and
(3) included in the Conceptual Water Management Calculations must be reconciled to the
satisfaction of the SFWMD and the City.
61. As a requirement, a sum total of area(s) constituting no less than 15% nor more than 25% of the
total shoreline distance shall be constructed as littoral shelf at the ratio of 10 square feet of shelf
per running foot of shoreline.
Public Safety
62. The applicant and/or its successor and assigns shall provide on-site private security until the
roadways are completed to deter construction theft.
63. Crirne Prevention Through Environmental Design (CPTED) principles established through
cooperation with the City’s Crime Prevention Division shall be utilized during the site
planning of the development parcels.
64. The applicant and/or its successor and assigns shall provide a stabilized road base, subject to
City standards, for fire/emergency access to each development parcel prior to the start of
construction within said parcel.
Disclosure
65.
66.
67.
68.
Pursuant to School Board requirements, a sign shall be posted in all sales offices/model homes
which provides notice of annual school boundary assignments for students of this project.
This 1 l"x17" notice shall be provided by the School Board.
A prominent statement, such as the one shown below, shall be includec. in sales and marketing
materials and property owners association documents:
Golf Digest (or specific property location) is located within 4.5 miles of North County
Airport, a general aviation reliever airport. Airplanes operating to, from and/or near
North County Airport will be noticeable and airplane noise may be objectionable.
A disclosure shall be included in sales and marketing materials and property owner's
asxiciation documents which identifies that the N-S Parkway and E-W Parkway will be
dedicated to Palm Beach County in the future, and that these thoroughfares have the potential
of becoming six-lane facilities. The disclosure document shall be approved by resolution of
the City Council prior to the first residential sale.
Disclosure shall be provided to all potential home buyers and a statement shall be contained in
all property owners association documents and initial sales documents which identifies the
proximity of the Seacoast Utility Authority Wastewater Treatment Facility and the potential
odors that may be emitted therefrom. The disclosure document shall be approved by resolution
of the City Council prior to the first residential sale.
69. A prominent statement acceptable to the City shall be recorded into the public records of Palm
Beach County and contained in all property owners association documents and sales documents
which identifies that the levels of all water bodies in the surface water management system may
fluctuate dramatically during very wet or very dry periods and that the priority purpose of these
water bodies is to fulfill surface water management, not aesthetics. The disclosure document
shall be recorded and approved by resolution of the City Council prior to first residential sale
and subsequently recorded in the public records.
Performance: Standards
70. The golf course(s) shall be designed and constructed by a nationally-recognized golf entity for
the first five (5) years of operation, and maintained at the direction of a head golf professional
who shall be a class “A” member of the Professional Golfer’s Association of America or other
national certification of equal value, who shall have at least five (5) years of experience in the
Southern region. The golf management services/administration personnel shall include
professional turf consultants, entomologists, plant biologists and such other professional
specialists required to care and maintain the course(s).
71. PrioI to the issuance of the first residential building permit, the master property owners
association documents and restrictions 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.
- 26 -
Buildout
72. Consistent with Chapter 118-46, recordation of all plats, installation of all infiastructure,
common area improvements and landscaping, and dedication of facilities, rights-of-way and
easements shall be completed prior to December 31, 2004. Time extensions are subject to the
criteria set forth in Chapter 118 of the City's Land Development Regulations, and any time
extension request shall include a Traffic Impact Analysis to identify additional roadway
improvements which may be required to extend the buildout of the project. Additional
roadway improvements, if any, shall be incorporated into the'Development Order.
Monitoring
73. An annual report shall be submitted to the Growth Management Department by February
Fourteenth of each year, until the project has reached buildout, that describes the project's
current status and compares its progress with the provisions of the development order.
-- SECTION 5. Construction of the Planned Community District shall be in compliance with the
following PliWS on file with the City's Growth Management Department:
1. June 7,2001 Master Plan, Urban Design Studio, 1 Sheet.
2. June 7,2001 Common Area Phasing Plan, Urban Design Studio, 1 Sheet
3. June 7,2001 Development Phasing Plan, Urban Design Studio, 1 Sheet
4. January 2 1, 1997
5. May 20, 1998 Littoral Planting Adjacent to Selected Areas, Urban Design Studio, 1 Sheet
Hood Road Perimeter Buffer, Urban Design Studio, 1 Sheet
- 27 -
6. April 11,2000 North-South Parkway System, Urban Design Studio, 1 Sheet
7. October 13, 1999 PGA Boulevard & East West Parkway System, Urban Design Studio, 1 Sheet
8. November 15, 1999 Roadway/Access Easement Sections, Urban Design Studio, 1 Sheet
9. April 6,2001 Roadway / Buffer Section Location Map, Urban Design Studio, 1 Sheet
10. (A) October 13, 1999 Roadway / Buffer S ections--Section A-Al’, A-A2’ & B-B’, Urban Design
Studio, 1 Sheet
(B) October 13, 1999
Sheet
(C) October 13, 1999
Roadway / Buffer Sections--Section C-C’ & D-D’, Urban Design Studio, 1
Roadway / Buffer Sections--Section E-E’ & F-F’, Urban Design Studio, 1
Sheet
(D) November 15, 1999 Roadway / Buffer Sections-- Section G-G’, H-H’ & I-I,, Urban Design
Studio, 1 Sheet
(E) September 24, 1998 RoadwayBuffer Section - East-West & North-South Parkway 4 Lane
Ultimate ROW, Urban Design Studio, 1 Sheet
1 1.
12. June 7,2001 Sidewalk Location Map, Urban Design Studio, 1 Sheet
13. July, 1998, as revised July 30, 1998, September 2, 1998, and by the October 7, 1998 ‘growth rates
revision’ letter to Dan Weisberg from Joseph Pollock,, Jr. Traffic Impact Analysis - Golf Digest -
Palm Beach Gardens, Kimley-Horn and Associates, Inc., 46 Pages.
14. July 12, 1999 Typical Residential Buffer Plan (40’ Parkway & 15’ Buffer), Urban Design Studio, 1
Sheets.
15. July 12, 1999 Typical Residential Buffer Section (40’ Parkway & 15’ Buffer), Urban Design Studio,
1 Sheets.
16. October 13, 1999 Typical Parkway 4 lane Ultimate R-0-W Section, Urban Design Studio, 1 Sheet.
17. September, 1999 Typical Maintenance Pathway Section, Mark Roos and Associates, Sheet 3 of 3.
September 29, 1997 Seacoast Utility Site Buffer (Scheme A &B), Urban Design Studio, 1 Sheet
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18. March 19136 AERIAL, 1 Sheet
19. March 1 1 1996 TOPO, Kevin L. Erwin Consulting Ecologist, Inc. , 1 Sheet
20. August 3 1 , 1996 Boundary Survey, Mock. Roos, Engineers. Surveyors. Planners, 2 Sheets
21. November 21, 1996 Seacoast Utilities Hood Road Wellfield Location Map, Howard L. Searcy
Consulting Engineers, Inc. , 1 Sheet
22. October 1996 Preliminary Market Overview, Cotton & Company, 7 pages +August 1996, Palm
Beach County Market Study, WCI Communities, 40 Pages
23. November, 1996 Application for Alternation of Environmentally Significant Lands Environmental
Assessment, Kevin L. Erwin Consulting Ecologist, Inc. , 15 Pages +
Map A Site Location Map, Higgins Engineering, Inc., 1 Sheet
Map B Aerial Photography, 1 Sheet
Map C Existing Terrestrial And Aquatic Vegetation.
Map D F’reservation Plan, 1 Sheet
Map E LJSDAJSCS Soils Map, Higgins Engineering, Inc., 3 Sheets
24. April 30, 1997 Environmental Review of the Proposed Golf Digest PCD, James F. Schnelle, JR.,
PE, 14 Pages
25. March 28, 1995 South Florida Water Management District Jurisdictional Determination for Parcels
18 and 30 of the MacArthur Foundation & Vegetation Map, Kevin L. Erwin Consulting Ecologist,
Inc., 11 Sheets
26. December 20, 1996 Interim Report Water Level Monitoring Results, DunkelbergerEngineering &
Testing, Lvc., 5 Pages
27. November 1, 1996 Eastern Retained Property Relative Wetland Quality Map, Kevin L. Erwin
Consulting Ecologist, Inc., 1 Sheet
28. November 12, 1996 Eastern retained Property Refined Plan Wetland Impact Analysis, Kevin L.
Erwin Consulting Ecologist, Inc., 1 Sheet
-29-
29. January 8, 1997 Loxahatchee Slough, Higgins Engineering, Inc., 26 Pages
30. January 28, 1997 received by City of P.B.G., Eastern Retained Property Refined Plan Wetland
Impact Analysis By FLUCFCS, 4 Pages
3 1. March 18., 1997 received by City of P.B.G., Eastern Retained Property Project Wetland (WL) And
Other Surface Water (SW) Summary, 8 Pages
32. January 17, 1997 Eastern Retained Property Vegetation And Listed Wildlife Species Map, Kevin L.
Erwin Consulting Ecologist, Inc., 1 Sheet
33. March 18, 1997 received by City of P.B.G. Coverage By Exotic Species Within The Eastern
Retained Property, The Loxahatchee Slough, the Eastern Retained Parcel and Loxahatchee Slough,
5 Pages
34. March 16, 1995 US. Corps of Engineers Jurisdictional Determination for Parcels 18 and 30 of the
MacArthur Foundation ( Deter. No. 199501610) & Vegetation Map, Kevin L. Erwin Consulting
Ecologist,, Inc., 1 1 Sheets
35. November 11, 1996 Mitigation Areas Map, Kevin L. Erwin Consulting Ecologist, Inc., 1 Sheet
36. November 12, 1996 Eastem Retained Property Site And Preservation Plan, Kevin L. Erwin
Consulting Ecologist, Inc., 1 Sheet
37. June 22, I999 PGA Boulevard Roadway Sections, Urban Design Studio, 1 Sheet.
38. August 2, 1999 Typical Parkway Buffer, Water Management Tract Adjacent to Preserve or Golf
Course and Commercial Parcels, Krent Wieland Design, Inc., 1 Sheet.
39. August 2, 1999 Typical Parkway Buffer, Water Management Tract adjacent to Residential Parcel,
Krent Wieland Design, Inc., 1 Sheet.
40. October 28, 1999 Parkway Buffer, Water Management Tract Adjacent to Turnpike (4 sheets), Krent
Wieland Design, Inc., 1 Sheet
41. Golf Digest 1999 Conceptual Water Management Plan and Details (3 sheets), Higgins Engineering,
Inc, Shee:t 1 dated March 27,2000, Sheet 2 dated February 9,2000, Sheet 3 dated April 12,2000
- 30 -
- -. . . . .. . .. ..
42. April 11 , 2000 SFWMD Staff Report, 39 pages, 25 exhibits
43. April 13,2000 SFWMD Staff Report Addendum, 2 pages, 2 exhibits
44. May 3,2000 Army Corps of Engineer Permit, Cover Sheet
45. April 20, 2000 South Florida Water Management District Permit, Cover Sheet
46. May 17, ;!OOO Northern Palm Beach County Improvement District Permit, Cover Sheet
47. July, 19913 Littoral Zone Plantings Master Plan, Mock Roos, 1 Sheet
-- SECTION 6. The final approval of any on-site andor off-site plans for improvements shall
require the applicant to deposit with the City Manager surety in the amount prescribed by the City, in
accordance with industry standards for the purposes of assuring the completion of all improvements
including on-site roadways, drainage, utility improvements, common area landscaping/buffer and entry
features. The required documentation thereof shall be in requisite form and approved by the City
Manager. The executed mylar of a plat shall not be accepted until the required bond, letter of credit or
deposit is filed with and approved by the City Manager in accordance with industry standards. The
amount of the surety shall be in an amount to be determined by the City Engineer and City Forester to
be sufficient to assure completion of the required improvements. From time to time, as improvements
are completed and approved by the City of Palm Beach Gardens, the City Manager may reduce the
amount of the surety by a proportionate amount.
-- SECTION 7. If any part or portion of this Ordinance is found to be void or defective, the
remainder of the Ordinance shall continue in full force and effect.
-- SECTION 8. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
~- SECTION 9. This Ordinance shall be effective upon adoption.
PLACED ON FIRST READING THIS &6AY OFJJ,~~ 200 1.
PLACED ON SECOND READING THIS DAY OF 2001.
I.
-31 -
PASSED AND ADOPTED THISdI'DAY OF (CaJCUC 2001.
.. COUNCILWOMAN LAUREN FURTADO
COUNCILMAN DAVID CLARK
COUNCIL 6) AN CARL SABATELLO
ATTEST BY:
APPROVED AS TO LEGAL
FORM ANI) SUFFICIENCY BY:
VOTE: AYE NAY ABSENT
MAYOR RlJSSO J
VICE MAY OR JABLIN J
COUNCILMAN CLARK J
COUNCILWOMAN FURTADO J
COUNCILMAN SABATELLO I/
- 33 -
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RESOLUTION 98,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE PGA BOULEVARD
BEAUTIFICATION PLAN FOR THE MIRASOL PLANNED
COMMUNITY DISTRICT (PCD) LOCATED BETWEEN PGA
BOULEVARD AND HOOD ROAD, WEST OF THE RONALD
REAGAN TURNPIKE; AUTHORIZING THE CITY MANAGER OR
DESIGNEE TO EXECUTE FDOT PERMITS AND/OR A
MAINTENANCE MEMORANDUM OF AGREEMENT; PROVIDING
CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on October 15, 1998, the City Council approved Ordinance 21,
1998, which approved the “Golf Digest” Planned Community District (PCD); and
WHEREAS, on August 2, 2001 , the City Council amended Ordinance 21 , 1998
by approving Ordinance 18, 2001 ; and
WHEREAS, Ordinance 18, 2001, contains Condition 13, which requires Taylor
Woodrow Communities at Mirasol, Ltd. to submit a PGA Boulevard beautification plan
for City Council approval; and
WHEREAS, the City of Palm Beach Gardens has received an application
(Petition MISC-07-05-000029) from Taylor Woodrow Communities at Mirasol, Ltd., a
Florida limited partnership, to satisfy Condition 13 of Ordinance 18, 2001 ; and
WHEREAS, to facilitate installation, the City Council designates the City
Manager and/or designee to have the authority to execute the required Florida
Department of Transportation (FDOT) permits and/or maintenance Memoranda of
Agreement; and
WHEREAS, the Growth Management Department has reviewed the application
and has determined that it is sufficient; 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.
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.
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Date Prepared: October 1, 2007
Resolution 98, 2007
SECTION 2. The beautification plan for PGA Boulevard as required by Condition
13 of Ordinance 18, 2001 for the Mirasol Planned Community District is hereby
APPROVED, as more particularly described herein, subject to the conditions of
approval contained herein, which are in addition to the general requirements otherwise
provided by ordinance:
SECTION 3. The City Council hereby authorizes the City Manager or designee
to execute any documents necessary to obtain any required FDOT permits and to
execute agreements as allowed under Section 78-324 of the City’s Land Development
Regulations:
SECTION 4. The beautification plan for PGA Boulevard is approved subject to
the following conditions, which shall be the responsibility of the Applicant, its
successors, or assigns:
1.
2.
3.
4.
5.
The Applicant shall submit a letter of credit or other surety, in a form,
acceptable to the City Attorney, within one month of the effective date of this
Resolution, equal to 110% of the cost of landscape and irrigation installation
and one full year of maintenance.
The Applicant shall apply for all required FDOT permits through the City to
accomplish the beautification of PGA Boulevard within one month of the
effective date of this Resolution.
The Applicant shall complete the beautification of PGA Boulevard within one
year of the effective date of this Resolution. Extensions may be approved
by the Growth Management Administrator upon a showing of good cause by
the Applicant.
The Applicant shall coordinate and complete all required FDOT paperwork,
including permits, plans, agreements, and inspections for the City Manager
or designee to sign or approve, as required by FDOT.
The Applicant shall design the irrigation system for medians as an
independent system so that the system is capable of being operated by the
City in the event the Applicant and the City enter into a maintenance
agreement.
SECTION 5. The beautification plan for PGA Boulevard shall be constructed in
compliance with the following plans on file with the City’s Growth Management
Department:
1. PGA BLVD Overall Landscape Plan, August 27, 2007, prepared by Urban
Design Studio, Sheets 1 through IO.
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Date Prepared: October 1, 2007
Resolution 98, 2007
SECTION 6. This 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.
PASSED AND ADOPTED this day of , 2007.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE: -- AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR LEVY
---
---
COUNC ILMEMBER JABLl N ---
C 0 U N C I LM E M B E R VAL EC H E
COUNCILMEMBER BARNETT ---
---
G:\attorney-share\RESOLUTiONS\streetscape - rnirasol pcd - reso 98 2007.docx
3
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: September 21, 2007
Meeting Date: October 18, 2007
Resolution 114, 2007
SUBJECT/AGENDA ITEM
Resolution 114, 2007: Garden Isles: Miscellaneous request for the installation of two residential
monument signs within a public right-of-way.
Consideration for Approval: A request from Ed Heselton, President of the Garden Isles
Homeowner’s Association, for approval to install two residential monument signs for the
Garden Isles subdivision within the Larch Avenue right-of-way.
[XI Recommendation to APPROVE with one waiver.
[ ] Recommendation to DENY
Reviewed byq
City Attorney
Christine P. T
Finance Administrator $1 A
Allan Owens
Development
Com plia nce
Bahareh Keshavarz-Wolfs,
AICP
Growth Manag
Administrator &
Kara Irwin, AIC
Approved By:
Originating Dept.:
Growth
Management:
Project
Manager-
Todd M. Miller, AlCP
Principal Planner
[XI Quasi -Judicial
[ ] Legislative
[ ] Public Hearing
Advertised :
Date: NIA
Paper: Palm Beach
Post
[ ] Required
[XI Not Required
Affected Parties:
[ ] Notified
[ x] Not Required
FINANCE:
Finance
Ad m;\tmt-o r:
Allan Owens
BY
K. Labossiere
Fees Paid: [ ]
Date:
Budget Acct.#:
NIA
City Council Action:
[ ]Approved
[ ] App. w/ conditions
[ ] Denied
[ ] Rec. approval
[ ] Rec. app. w/ conds.
[ ] Rec. Denial
[ ] Continued to:
Attachments :
1. Project Application
& Details
2. Easement
Agreement
3. Site Plan
4. Letter from adjacent
property owners
Resolution 114, 2007
Date Prepared: September 21, 2007
Meeting Date: October 18, 2007
Resolution 1 14, 2007
EXECUTIVE SUMMARY
The Garden Isles Homeowner’s Association has submitted a Miscellaneous petition for approval of
the construction of two residential monument signs within the Larch Avenue public right-of-way.
Included in the petition is a request for a waiver from Section 78-285 of the City Code, entitled
“Permitted signs”, to permit a second residential entry sign. The signs were previously approved for a
Military Trail Grant in the amount of $5,000, but require City Council approval to be located within a
public right-of-way, per Section 78-283(c). Therefore, the applicant is requesting permission to locate
the signs (See Attachment 1) within the Larch Avenue right-of-way, per the attached site plan (See
Attachment 3). Specifically, the signs will be located within the Larch Avenue right-of-way,
approximately 225 feet west of the intersection of Military Trail and Larch Avenue. Staff is
recommending approval of Resolution 114, 2007.
BACKGROUND
In July of 2004, the Garden Isles Homeowner’s Association was approved for a Military Trail Home
Improvement Grant in an amount not to exceed $1,500. The Association was granted a total of two
six month extensions to their contract. However, the applicant did not initiate construction prior to the
expiration of the second extension on September 30, 2005. Therefore, the Improvement Grant was
void and nullified after September 30, 2005. The applicant submitted a new Military Trail
Improvement Grant application in December 2005/January 2006. The application was granted
approval in March of 2006 in the amount of $5,000. However, a contract for the grant was never
signed. Instead, the applicant was informed they would be required to obtain approval from the City
Council to construct the signs within a public right-of-way, pursuant to Section 78-283(c) of the City
Code.
Currently, staff has coordinated with the applicant to bring forward the subject petition for the
construction of two residential monument signs within the Larch Avenue right-of-way, and a waiver for
a second residential entry sign. Staff has provided a resolution approving the construction of the
signs within the right-of-way, and the requested waiver. The resolution also includes provisions
waiving all Miscellaneous petition fees and all building permit fees associated with this petition, as it is
typical for all permitting fees to be waived for projects which have been approved for a Military Trail
Grant. Staff has included this provision in the resolution as only the City Council can waive fees. In
addition, the applicant and staff have developed an “Easement Agreement” (See Attachment 2) for
the property on which the applicant will place the signs. The agreement details the access and
maintenance rights and responsibilities of the applicant, as well as indemnifying the City against any
liability claims arising from the use of the easement.
SIGN DETAILS
The two proposed signs are of identical size and design (see Attachment I), and are 10’ tall, and 2 ’!h
feet wide. The signs include a graphic design of a magnolia bloom and the text “Garden Isles, Private
Resid en ce s . ”
The exact location of the signs will have to be field located due to the existence of numerous utilities
within the area. Furthermore, staff has requested and the applicant has agreed that due to there
being no curb in this location, the signs will be located behind the guardrails for the bridge in order to
protect any errant vehicles. Therefore, staff has recommended a condition of approval that the
2
Date Prepared: September 21, 2007
Meeting Date: October 18, 2007
Resolution 1 14, 2007
applicant field locate the signs to avoid any conflicts with utilities and vehicles, and that the exact
location of the signs be subject to staff inspection and approval.
LAND USE AND ZONING
The property has a Residential Medium (RM
Density 2 (RL-2) zoning classification.
land use designation, and has a Residential Low
STAFF ANALYSIS
DRC Review
Staff has distributed the application to the applicable departments for their review, but did not receive
any adverse comments. Initially several departments did raise concerns regarding the location of the
proposed signage. Specifically, the Construction Services and Engineering Departments noted there
is no curbing along Larch Avenue in this area. Therefore, those Departments recommended the signs
be setback further from the right-of-way in order to ensure there would be no conflicts between the
signs and any errant vehicles. It was recommended the signs be located behind the guardrails to
provide the maximum amount of protection. Furthermore, several departments recommended the
signs include the language “Private Residences” in lieu of “Private”, and the signs be located such
that canal access is not impeded.
Precedent
Please note that there are many existing residential monument signs located within City rights-of-way.
In order to avoid requiring each existing sign to be approved for any repair or replacement through
City Council, last year the Council approved Resolution 81, 2006. The resolution granted staff the
authority to approve the replacement of existing signs within a public right-of-way. Subsequently, staff
administratively approved the repair and replacement of two existing residential signs at the
Westwood Gardens subdivision. In addition, the City Council did grant specific approval for a
monument sign within the Fairway Drive right-of-way to the Shoppes on the Green project within the
PGA National DRI via Resolution 17, 2006 on Februaryl6, 2006.
Impacts
The impacts to the surrounding neighbors will be minimal, as the adjacent property owner at 10868
Larch Court has a 6’ high wooden fence around their rear yard, blocking any view of the proposed
sign on the north side of Larch Avenue. The property owner at 4068 Larch Avenue has a 6’ hedge
along their eastern property line, effectively blocking their view of the proposed sign on the south side
of Larch Avenue. In addition, the applicant has contacted those residents, and has provided a letter
signed by both homeowners indicating their approval. (Attachment 4)
Waivers
Section 78-285 of the City Code permits only one residential entry feature or sign per entry into a
residential subdivision. However, the applicant is requesting to be allowed a second entry sign, one
on each side of Larch Avenue. Therefore, the applicant is requesting the following waiver:
Code Section Rea u i red Reuuested I Recommendation I
3
Date Prepared: September 21, 2007
Meeting Date: October 18, 2007
Resolution 114, 2007
2 residential entry
signs per entry
Only one
residential entry
sign per entry
Section 78-285 entitled Permitted
Signs
1. Section 78-285 of the City Code - Waiver to permit a second residential entry sign.
Applicant’s Justification: Section 78-285 of the City Code permits only one residential entry
feature or sign per entry into a subdivision. The applicant is requesting to be allowed a second
entry sign, one on each side of Larch Avenue. The applicant has indicated the second entry
sign will be an aesthetic improvement to both the subdivision entrance and the canal right-of-
way, and will provide a balanced entrance into their community.
STAFF RECOMMENDATION
The applicant has agreed to staffs recommended modifications to the design and location of the
signs, and has revised the plans accordingly. Therefore, based upon staffs analysis and the
subsequent modifications, staff recommends APPROVAL of Petition Resolution 1 14, 2007 with one
waiver.
4
ATTACHMENT 1
CITY PALM BEACH GARDENS
. .I,' 6
Planning and Zoning Division
CITY OF PALM BEACH GARDENS
10500 North Military Trail
Palm Beach Gardens, FL 33410
(561) 799-4243 Fax (561) 799-4281
mc, t t1 ' Growth Management Department .-
Request:
- Planned Community Development (PCD)
- Planned Unit Development (PUD)
- Amendment to PCD, PUD or Site Plan
- Conditional Use
- Amendment to the Comprehensive Plan
- Administrative Approval - Aiscellaneous
I Administrative Appeal Other
Project Name: 14 ) A , Sd L Y
Owner: LA, zqrr/ -ESLrS Mob4
- Annexation
- Rezoning
- Site Plan Review
- Concurrency Certificate
Time Extension -
Date Submitted:
-7- 5lG/J 1, 4. L/ */,La lfzrVwr& 7 (.</2fi,-t /c~fi/~/L/cp~~~
4 -e
30 fiOY0 -
Address: YzzY JC?A-~N~/L~ i?, ~7.) ?/sG 33Vt e
;. , .- Applicant (if not Owner): &'L- c+,- )I,)? CC--r-c-& c-+-c
Agent:A,n b& da Ir --J-
c
Applicant's Address: "CO Lid 13 d 'W Telephone No. =53/ - fb3 - 74qb
(2A-1 &Cct i?L.<k'U_. iL 3.3 YO(/ c
Cd (cj.#~k&..q .- cb Contact Person: ,.Y -&J ' -&s&TJ E-Mail: &- ( -
Agent's Telephone Number: 3% / - 5'b 3 74 6 Fax Number: 5& / - yqf -33 7c;
FOR OFFICE USE ONLY
Petition Number:
Fees Recived
Date & Time Received:
4pplication $ Engineering
Receipt Number:
Architect: Phone Number:
1
Engineer: I -’ Phone Number:
Planner: +/I+ Phone Number:
Landscape Architect: fJ/h Phone Number:
Site Information: Note: Petitioners shall submit electronic digital files of
See attachment for details. approved projects.
‘5 ,L, ndc tY 52.. LJJS, h r / - / General Location: 1~4r’rcw #+\/J J fF ,l, *, c
Address: SrfCJ /7- Iff ?
Section: Township: Range:
Property Control Number(s):
Acreage: +,/p Current Zoning: JLll - Requested Zoning: ry/ b4
Flood Zone Base Flood Elevation (BFE) -to be indicated on site plan
Current Comprehensive Plan Land Use Designation: fir.
Requested Comprehensive Plan Land Use Designation: W/A
Existing Use(s) of Land: < I Ck 7 o f / u fi.~
Proposed Use(s) i.e. hotel, single family residence, etc.: z+ /& &K,O‘* 0 F c JrakluQ c ItGLdr
SC pf Proposed Square Footage by Use: L 6-5 r ZA .rl tf & I
Proposed Number and Type of Dwelling Unit(s) Le. single family, multifamily, etc. (if
applicable): Jd) f+
Justification
Information concerning all requests (attach additional sheets if needed.)
{Section 78-46, Application Procedures, Land Development Regulations}
1. Explain the nature of the request: Kc.;’ fo ,wJ/dL(JhJ,d7r 0- AoGo3.
2
2. What will be the impact of the proposed change on the surrounding area? ru b r,d-
3. Describe how the rezoning request complies with the City's Vision Plan and the following
elements of the City's Comprehensive Plan - Future Land Use, Transportation, Housing,
Infrastructure, Coastal Management, Conservation, Recreation and Open space,
Intergovernmental Coordination and Capital Improvement.
4. How does the proposed project comply with City requirements for preservation of natural
resources and native vegetation (Section 78-30 I, Land Development Regulations)?
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5.
(Chapter 78-26 I. Land Development Regulations)?
How will the proposed project comply with City requirements for Art in Public Places
/A- I
6. Has project received concurrency certification?
Date received:
\
Legal Description of the Subject Property
(Attach additional sheets if needed)
Or see attached deed for legal description.
Location
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The subject property is located approximately yv mile(s) from the intersection of ? t 11
131 v 0 , on the aorth, - east,
+ PIIL tz-, L* , TA (streethoad) .
Statement of Ownership and Designation of Authorized Agent
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Before me, the undersigned authority, personally appeared
who, being by me first duly sworn, on oath deposed and says:
I. That he/she is the fee simple title owner of the property described in the
attached Legal Description.
&. 3 That he/she is requesting in
the City of Palm Beach Gardens, Florida.
3. That he/she has appointed
to act as authorized agent on hisher behalf to accomplish the above project.
c
Name of Owner: ,-/,"'+,? /jd-,- c- 5.Ld'l-
7
I 12 o'S, JL-r
Signature of Owner By: Name/Title
3 3'i(? 7 ! l.5 G
City, State, Zip Code
P. 0. Box City, State, Zip Code
c- oy \ k 1 - b-2-2 O/>d
Telephone Number Fax Number
/-
L', 3 )/( Lqd-4 &,La C2b-
E-mail Address
Sworn and subscribed before me this day of 9
Notary Public
My Commission expires:
6
Applicant’s Certification
I/We affirm and certify that ]/we understand and will comply with the land development
regulations of the City of Palm Beach Gardens. Florida. I/WE further certify that the statements
or diagrams made on any paper or plans’submitted herewith are true to the best of my/our
knowledge and belief. Further. I/we understand th t this application, attachments, and
application filing fees become a part of the official rec ds of the City of Palm Beach Gardens,
Florida. and are not returnable. ,? 1’ 4 P
Applicant is:
- Owner
- Optionee
- Lessee
- 4gent
Signature of Applicant
+% - ‘dL 3 - 74/L/b
Telephone Number
- Contract Purchaser ai1 - SYB 22 70
Fax Number
7
I ib
,
September 20, 2007
Mr. & Mrs. Breen
10868 Larch Court
Palm Beach Gardens, FL 33410
Mr. and Mrs. Masterson
4068 Larch Avenue
Palm Beach Gardens, FL 33410
Dear Mr. and Mrs. Breen and Mr. and Mrs. Masterson:
Per my previous conversations with you, the Garden Isles Homeowner‘s Association has petitioned the
City of Palm Beach Gardens for permission to install two residential entry feature signs on the north
and south side of Larch Avenue, due east of your homes. (Please see the attached graphic) The City
has requested that I provide them with written verification of your consent to the petition and the
placement of the signs as described in the attachments. Therefore, if you agree to the proposed signs
and their location, please sign on the lines below indicating so, and return this letter to me at your
earliest convenience.
Thank you.
Mr.‘ or Mrs. Patrick Masterson Ed @Hd Heselton, President
Mr. or Mrs. Todd Breen
Attachments: Aerial Site Plan
Proposed Sign Design
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RESOLUTION 114,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA AUTHORIZING THE
CONSTRUCTION OF TWO RESIDENTIAL MONUMENT SIGNS
AUTHORIZING THE EXECUTION OF AN EASEMENT
AGREEMENT FOR THE SIGNS; PROVIDING CONDITIONS OF
APPROVAL; AND PROVIDING AN EFFECTIVE DATE.
WITHIN THE LARCH AVENUE RIGHT-OF-WAY; AND
WHEREAS, the Garden Isles Homeowner’s Association (the “Applicant”) was
previously approved for a Military Trail Grant for the construction of two residential
monument signs within the Larch Avenue right-of-way; and
WHEREAS, the City’s current Land Development Regulations (the “LDRs”)
prohibit the placement of signs within City rights-of-way without the express approval of
the City Council; and
WHEREAS, the City has received a request from the Applicant for the
construction of two residential monument signs; and
WHEREAS, the Growth Management Department has reviewed the application,
has determined that it is sufficient, and has recommended approval; and
WHEREAS, the City Council has considered the evidence and testimony
presented by staff 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.
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. Two (2) residential monument signs within the Larch Avenue right-of-
way are hereby APPROVED on the following described real property:
Date Prepared: September 12, 2007
Resolution 114, 2007
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LE GAL DES C R I PTI 0 N :
A PORTION OF TRACT A OF PLAT NO. 1 OF THE PGA NATIONAL GOLF CLUB
RECORDS OF PALM BEACH COUNTY, FLORIDA.
ESTATES, AS RECORDED IN BOOK 27, PAGES 206-207 OF THE OFFICIAL
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following waiver:
1. Section 78-285, Table 24, Permiffed signs, to permit a second residential
entry featurelsign for the Garden Isles subdivision.
SECTION 4. This approval is subject to the following conditions, which shall be
the responsibility of the Applicant, its successors, or assigns:
1. The Applicant shall field locate the signs to avoid any conflicts with
utilities and vehicles, and the exact location of the signs shall be subject
to staff inspection and approval through the building permit process.
(Planning & Zoning)
SECTION 5. The signage shall be constructed in compliance with the following
plans on file with the City’s Growth Management Department:
1 Sign Details, prepared by Baron Sign Manufacturing, 1 sheet total, received
and stamped by the City on August 16, 2007.
SECTION 6. The City Council hereby authorizes the Applicant to construct two
residential monument signs within the Larch Avenue right-of-way, approves an
easement agreement for said signs, and waives all development application and
building fees associated with the subject petition.
SECTION 7. This approval shall be consistent with all representations made by
the Applicant or Applicant’s agents at any workshop or public hearing.
SECTION 8. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: September 12, 2007
Resolution 114, 2007
PASSED AND ADOPTED this day of , 2007.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFlCl ENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR LEVY
COUNCILMEMBER JABLlN
COUNCILMEMBER VALECHE
COUNCILMEMBER BARNETT
AYE NAY ABSENT
G:\attorney-share\RESOLUTlONS\garden isles monument signs - reso 1 14 2007.doc
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This instrument prepared by:
and return to:
Gardenlsles Homeowners Association, Inc.
4224 Magnolia Street
Palm Beach Gardens, Florida 3341 0
Do not write above this line -this space reserved for recording purposes
EASEMENT AGREEMENT
This Easement Agreement (“Agreement”) is made and entered into this day of
, 2007, by and between the City of Palm Beach Gardens, a municipal
corporation organized and existing under the laws of the State of Florida, whose mailing address
is 10500 North Military Trail, Palm Beach Gardens, Florida (“City”), and Gardenlsles
Homeowners Association, Inc. , whose mailing address is 4224 Magnolia Street, Palm Beach
Gardens Florida (“Gardenlsles”).
WHEREAS, Gardenlsles, in connection with its operation of its association, proposes to
install a monument sign upon the City’s property; and
WHEREAS, Gardenlsles has requested a perpetual easement across a portion of the
City’s property for the installation, operation, maintenance, and repair of said monument sign for
the benefit of its residents, visitors, and the general public; and
WHEREAS, the City is the fee title owner of certain real property lying herein described in
Exhibit “A”, attached hereto and made part hereof, and desires to grant to Gardenlsles, its
successors, and assigns a non-exclusive, perpetual easement in, on, over, under, and across a
portion of its property for the purposes described herein; and
WHEREAS, the parties desire to establish the rights and responsibilities of the parties
with respect to the easement created herein; and
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($1 0.00) and other good
and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby
agree as follows:
1. The City hereby represents that it is the fee simple owner of the real property
described in Exhibit A, attached hereto and made part hereof (the “Property“); that
it has the right to enter into this Agreement; and that the person signing this
Agreement has the authority to sign and execute this Agreement on behalf of the
City. The City and its successors-in-interest to the City Property are referred to
herein as the “City.”
1
2. The City hereby grants and conveys to Gardenlsles, its successors, and assigns a
perpetual, non-exclusive easement (hereinafter referred to as the “Easement“) for
access in, on, over, under, and across the Property, which shall permit Gardenlsles
and its officers, agents, employees, servants, and independent contractors the right
and authority to enter upon the Property any time to use, install, operate, service,
maintain, construct, reconstruct, remove, relocate, repair, and replace two (2)
Gardenlsles’ signs and to maintain landscaping on the Property and maintain the
landscaping at a standard at least as great as the City’s standard for landscaping
public medians. The legal description of the Easement is more specifically
described in Exhibit A, and the location of the Easement is depicted on the location
sketch attached hereto as Exhibit B, both of which are made a part hereof.
3. Gardenlsles shall, at its sole cost and expense, install, maintain, and repair its
signs. Gardenlsles shall perform its obligations described herein, in a manner so as
to minimize damage, disruption, and inconvenience to the Property.
4. Gardenlsles, its successors, or assigns shall maintain the entrance of Larch Avenue
road shoulders, and the landscaping within the median (surrounding the monument
signs) erected at the entrance of Larch Avenue, on the north side of the Larch
Avenue entrance to the south side of the Larch Avenue entrance. The parties
hereto further agree that this maintenance obligation may be amended by a
separate agreement with the City.
5. Gardenlsles and its officers, agents, employees, servants, and independent
contractors shall install, maintain, repair, and replace the signs in a proper operating
and reasonably safe condition. The City shall maintain and repair all other portions
of the Property of which the Easement is a part, in a proper and reasonably safe
condition, except that Gardenlsles shall be responsible for maintenance of
landscaping on the Property.
6. Gardenlsles indemnifies the City against, and holds it harmless from, any and all
claims, demands, actions, suits, losses, damages, expenses, judgments (including
court costs and reasonable attorney’s fees at all levels) and claims of liability which
arise of the use and/or occupancy of the Easement and the Property by
Gardenlsles.
7. The Easement hereby created, granted, and conveyed includes the creation of all
incidental rights and easements reasonably necessary for the use and enjoyment of
the Easement by Gardenlsles for its intended purposes. The Easement shall be
perpetual and non-exclusive, shall be binding upon the City, and shall run with and
be binding upon the Property. The City may, for its own purposes, utilize the
Property and shall retain a right of free ingress and egress under, over, and upon
the Property; provided, however, that the City shall not grant any easement, lease,
license, nor make any covenants or agreements permitting the use or occupancy of
the Easement or Property, which may in any way interfere with or impede the
2
Easement or the exercise of the rights granted to the City under this Agreement or
which may violate the terms of this Agreement, except as may be necessary to
serve transportation or public utility purposes.
8. This Agreement shall be governed by, construed under, and interpreted and
enforced in accordance with the laws of the State of Florida with venue for any
litigation concerning this Agreement to be in a court of competent jurisdiction
located in Palm Beach County, Florida. The parties hereby consent and submit to
the exclusive jurisdiction of any such court and agree to accept service of process
outside the State of Florida in any matter to be submitted to any such court pursuant
hereto.
9. The prevailing party in any action or proceeding in any court to enforce the terms of
this Agreement shall be entitled to receive its reasonable attorney’s fees and other
reasonable costs and expenses from the non-prevailing party.
IO. This Agreement (including the Exhibits) constitutes the entire agreement between
the parties and supersedes all prior written and verbal agreements, representations,
promises, or understandings between the parties. Neither this Agreement nor the
Easement may be terminated and/or otherwise modified except by a writing
executed by the City and Gardenlsles and recorded in the Public Records of Palm
Beach County, Florida.
1 1. Upon full execution by the parties, this Easement Agreement and Exhibits A and B,
attached hereto, shall be recorded by Gardenlsles in the Public Records of Palm
Beach County, Florida with Gardenlsles to pay the costs of recording.
12. If any provision of this Agreement is invalid or unenforceable with respect to any
party, the remainder of the Agreement or the application of such provision to
persons other than those as to whom it is held invalid or unenforceable, will not be
affected, and each provision of this Agreement will be valid and enforceable to the
fullest extent permitted by law.
3
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
“ G ARD EN IS L ES” “CITY”
By: By:
Name:
Title: .
Add res s:
Name:
Title:
Address:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of
Association, Inc.
, 200, by
as of Gardenlsles Homeowners
(AFFIX NOTARY SEAL)
Notary Public
Printed Name:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of
2007, by as of City of Palm Beach
Gardens, Florida.
I
(AFFIX NOTARY SEAL)
Notary Public
Printed Name:
G:httorney-share\AGREEMENTS\Easernent Agreement-garden isles monument signsdoc
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EXHIBIT A
-- L
v)
EXHIBIT B
City of Palm Beach Gardens
Council Agenda
October 18,2007
CounciI Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo
Vice Mayor Levy
Council Member Jablin
Council Member Valeche
Council Member Barnett
J L
i
I
._-
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
October 18,2007
7:OO P.M.
PLEDGE OF ALLEGIANCE
YII. ROLLCALL
II III. ADDITIONS, DELETIONS, MODIFICATIONS:
J IV ANNOUNCEMENTS / PRESENTATIONS:
I/ V. ITEMS OF RESIDENT INTEREST AND BOARDKOMMlTTEE REPORTS:
JVI. CITY MANAGER REPORT:
VIL COMMENTS FROM THE PUBLIC: (For Items Not on the Apenda. Dlease submit
reuuest form to the Citv Clerk Drior to this Item)
a.
b
JStaff Report on Page 6, Resolution on Page 8) Resolution 119, 2007 -
Interlocal Agreement with Palm Beach County. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida approving an Interlocal Agreement
with Palm Beach County to provide swim lessons as part of the Drowning
Prevention Coalition's Learn to Swim Program; and providing an effective date.
(Staff Report an Pwe 26, Resoltition on Page 28) Resolution 122, 2007 -
Interlocal mment with the Village of North Palm Beach. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida authorizing the Mayor
and City Clerk to execute an Interlocal Agreement with the Village of North Palm
Beach for building services; and providing an effective date.
C. Staff Reeort on ge 35, ioii : Page 37) Resolution 123, 2007 -
Lemomdum of unclerstandmg, A KeGkmon of the City Council of the City of
Palm Beach Gardens, Florida declaring the intent of the City to allow Voluntary
Employee Beneficiary Association (VEBA) fund or funds for all City employees;
approving and ratifLing such Addenda, Memoranda of Understanding, or other
Agreements necessary to establish an interim escrow account for potential VEBA
funding for employee contributions; and providing an effective date.
d. /Pape 50) Proclamation - Make a Difference Day.
e. (Page 5 1) Proclamation - Florida City Government Week.
IX. PUBLIC HEARINGS:
Part I - Non-Ouasi-judicial
,Staff ReDort on Paoe 52, Ordinance on PaPe 67) Ordinance 24, 2007 - (1st
reading) Amending Chart of Permitted uses. An Ordinance of the City Council of
City of Palm Beach Gardens, Florida related topemitted uses in the F ommemid General (CGI) Zoning District; amending section 78-159, code of
prbces, entitled “Permitted Uses, Minor, and Major Conditional Uses, and
lhhibited Uses” to allow ancillary boat, watercrafi, and all-terrain vehicle sales
as a major conditional use; providing for codification; and providing an effective
B
-Staff Report on Page 71, Ordinance on Page 98) Ordinance 29, 2007 - (2nd
readin? -nd adoption) PGA Boulevard Corrid- Overlay. An Ordinance of the
City Council of the City of Palm Beach Gardens, Florida amending section 78-
22 1 , Code of Ordinances, entitled “PGA Boulevard Corridor Overlay” to clarify
which uses are prohibited within the overlay; providing for codification; and
providing an effective date.
Part I1 - Ouasi-iudicial
-. Ltji~2i I vu 1 Ordinance 30, LUU I - \ 1st
Ordinance of the City Council of the City of
Palm Beach Gardens, Florida relating to rezoning; rezoning a parcel of land
/-0 5 consisting of 13.18 acres, located on the West side of Sandtree Drive,
immediately South of the Northlake CommonSMome Depot shopping center and
immediately North of the sandtree residential development and Sandtree office
development, as described more particularly herein, from Commercial General
(CG-1) to Planned Unit Development (PUD) overlay with an underlying zoning
of Commercial General (CG-1) to be known as the Gander Mountain PUD;
amending the zoning district map; providing an effective da1
YStaff Re-- ,n Pag- l!!M.-n--\- fr;tion on Page 204) nwuiuiiuii 110. LVUI -
LK:scellan )etitioIl. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving a miscellaneous petition to allow for the
clearing of exotic vegetation, relocation of existing native trees, installation of a
buffer wall, and dedication and relocation of existing native palms to City
property, prior to obtaining final site plan approval of the proposed Gander
Mountain Planned Unit Development, to be located on a 13.18-acre parcel, as
described more particularly herein; providing for conditions, and providing an
effective date.
I- -- -
IA Kesoiuuon 01 me uty Louncil or the City of Palm Beach
Gardens, Florida amending Resolution 2 1, 1998 to allow a total of four additional
tenant wall signs on the Northeast and Southwest elevations of the PGA Financial
Center Building (Ek.a. MacArthur Center Office Building) located at the
Northeast comer of PGA Boulevard and Fairchild Gardens Avenue within the
Regional Center Development of Regional Impact (DRI), as more particularly
described herein; providing an additional waiver; providing an additional
conditional of appro Val; and providing an effective date.1
J-ResotUtion 95, 2
:nament (FLuM). A
aff Report on Pape iesolu
ncurrent processing c 'uture
Resolution of the City Council of the City of Palm Beach Gardens, Florida
allowing the concurrent processing of a Planned Unit Development (PUD) and a
Comprehensive Plan Amendment for the 10-acre parcel located at the Southwest
comer of Hood Road and Interstate 95; appmvine a concurrent nrocessinn
agreement; and providing an effective date.
&Staff Report on Page 281, Resolutioi LResoiution 98, 2007 -
PGA Boulevard Streetscape. A Resolution of the City Council of the City of Palm
bh Gardens, Florida approving the PGA Boulevard beautification plan for the
Mho1 Planned Community District (PCD) located between PGA Boulevard and
Hood Road, West of the Ronald Reagan Turnpike; authorizing the City Manager
or designee to execute FDOT permits andor a maintenance Memorandum of
A -*- Beswidipe conditions of approval; w-pvidhg an effective da1
aff Report on Page 331. Resolution -on Parre 348) Resolution 114, 2007 -
Residential monument signs for the Garden Isles subdivision. A Resolution of the
City Council of the City of Pabn Beach Gardens, Florida authorizing the
construCti.on of two residential monument signs within the Larch Avenue right-of-
way; and authorking the execution of an Easement Agreement for the signs;
providing conditions of approval; and providing an effective date.
vd
54
X. RESOLUTIONS:
XI ORDINANCES: (For Consideration on First Reading)
XII. ITEMS FOR COUNCIL ACTIONlDISCUSSION:
Xm. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED thut if any interested party wishes to appeal
any decision by the City Council with respect to any ma#er considered at this public
hearing, such interested persons wiU need a record of the procdngs and may need to ensure
that a verbatim recod is made, inchding the testimony and evidence upon which the appeal is
to be based
In accordance with the Americans with Disabilities Act and Section 286.26, FIorida Statutes,
persons with disabilities needing sped accommodaao ns in order to pakipate in this
proceeding are entitled to the provision of certain assistance at no cost PIeaSe call the City
Clerk’s Ojj5ce at 561-799-4122 no later than 5 dzysprior to the hewing if this assistance is
required For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
City of Palm Beach Gardens
Council Agenda
October 18,2007
9; 13
Ma yo r Ru s so
Vice Mayor Levy
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Council Member Jablin
Council Member Valeche
Council Member Barnett
A
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
October 18,2007
7:OO P.M.
I. PLEDGE OF ALLEGIANCE
11. ROLLCALL
111. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
9-0
V. ITEMS OF RESIDENT INTEREST AND BOARDKOMMITTEE REPORTS:
VI. CITY MANAGER REPORT:
7: /7 VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the Citv Clerk prior to this Item)
VIII. CONSENT AGENDA:
IStsff ReDor t on Page 5. Reso lytion on Pse e 8) Resolution 119, 2007 -
Interlocal Agreement with Palm Beach County. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida approving an Interlocal Agreement
with Palm Beach County to provide swim lessons as part of the Drowning
Prevention Coalition’s Learn to Swim Program; and providing an effective date.
7:ay
5- *
b. jStaff RePort on PaPe 26. Resolution on Page 28) Resolution 122, 2007 -
Interlocal Agreement with the Village of North Palm Beach. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida authorizing the Mayor
and City Clerk to execute an Interlocal Agreement with the Village of North Palm
Beach for building services; and providing an effective date.
Report on Page 35, Resolution on Page 37) Resolution 123, 2007 -
Palm Beach Gardens, Florida declaring the intent of the City to allow Voluntary
approving and ratifying such Addenda, Memoranda of Understanding, or other
Memorandum of Understanding, A Resolution of the City Council of the City of
Employee Beneficiary Association (VEBA) fund or funds for all City employees;
Agreements necessary to establish an interim escrow account for potential VEBA
funding for employee contributions; and providing an effective date.
d.
e.
jPape 50) Proclamation - Make a Difference Day.
JPape 51LProclamation - Florida City Government Week.
IX. PUBLIC HEARINGS:
Part I - Non-Ouasi-iudicial
a. 7: 201
90
7:3(
5-0
lStaff Report on Page 52, Ordinance on Pape 67) Ordinance 24, 2007 - (1st
reading) Amending Chart of Permitted uses. An Ordinance of the City Council of
the City of Palm Beach Gardens, Florida related to permitted uses in the
Commercial General (CG1) Zoning District; amending section 78-1 59, code of
ordinances, entitled “Permitted Uses, Minor, and Major Conditional Uses, and
Prohibited Uses” to allow ancillary boat, watercraft, and all-terrain vehicle sales
as a major conditional use; providing for codification; and providing an effective
date.
JStaff Report on Page 71, Ordinance on Page 98) Ordinance 29, 2007 - (2nd
reading and adoption) PGA Boulevard Corridor Overlay. An Ordinance of the
City Council of the City of Palm Beach Gardens, Florida amending section 78-
22 1, Code of Ordinances, entitled “PGA Boulevard Corridor Overlay” to clarify
which uses are prohibited within the overlay; providing for codification; and
providing an effective date.
Part 11,- Ouas i-iudicial
a. fhff ReDoxt on Pape 103.0 rdtnance on Pwe 190) Ordinance 30, 2007 - (1 st
reading) Gander Mountain PUD. An Ordinance of the City Council of the City of
Palm Beach Gardens, Florida relating to rezoning; rezoning a parcel of land
consisting of 13.18 acres, located on the West side of Sandtree Drive,
immediately South of the Northlake Commons/Home Depot shopping center and
immediately North of the Sandtree residential development and Sandtree office
development, as described more particularly herein, from Commercial General
(CG-1) to Planned Unit Development (PUD) overlay with an underlying zoning
of Commercial General (CG-I) to be known as the Gander Mountain PUD;
amending the zoning district map; providing an effective date.
3%
b.
gi
54
C. 8! 3-1
{Staff Report on Page 194, Resolution on Page 2041 Resolution 118, 2007 -
Miscellaneous petition. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving a miscellaneous petition to allow for the
clearing of exotic vegetation, relocation of existing native trees, installation of a
buffer wall, and dedication and relocation of existing native palms to City
property, prior to obtaining final site plan approval of the proposed Gander
Mountain Planned Unit Development, to be located on a 13.18-acre parcel, as
described more particularly herein; providing for conditions, and providing an
effective date.
(Staff Report on Pape 210, Resolution on Pape 2501 Resolution 78, 2007 -
Chase Bank Building. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida amending Resolution 2 1, 1998 to allow a total of four additional
tenant wall signs on the Northeast and Southwest elevations of the PGA Financial
Center Building (f.k.a. MacArthur Center Office Building) located at the
Northeast corner of PGA Boulevard and Fairchild Gardens Avenue within the
Regional Center Development of Regional Impact (DRI), as more particularly
described herein; providing an additional waiver; providing an additional
conditional of approval; and providing an effective date.
d. {Staff,,Report on PaPe 255. Re solution on Page 272) Resolution 95, 2007 -
Concurrent processing of a Future Land Use Map Amendment (FLUM). A
do< -M @'@ Resolution of the City Council of the City of Palm Beach Gardens, Florida
allowing the concurrent processing of a Planned Unit Development (PUD) and a
Comprehensive Plan Amendment for the IO-acre parcel located at the Southwest
corner of Hood Road and Interstate 95; approving a concurrent processing
agreement; and providing an effective date.
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/Staff ReDort on Page 281, ResoIution on Page 3281 Resolution 98, 2007 -
PGA Boulevard Streetscape. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving the PGA Boulevard beautification plan for the
Mirasol Planned Community District (PCD) located between PGA Boulevard and
Hood Road, West of the Ronald Reagan Turnpike; authorizing the City Manager
or designee to execute FDOT permits and/or a maintenance Memorandum of
Agreement; providing conditions of approval; and providing an effective date.
g:Ts
fitaff ReDort on ,Pwe 331. Resolution on Fane 3481 Resolution 114, 2007 -
Residential monument signs for the Garden Isles subdivision. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida authorizing the
construction of two residential monument signs within the Larch Avenue right-of-
way; and authorizing the execution of an Easement Agreement for the signs;
providing conditions of approval; and providing an effective date.
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X. , RESOLUTIONS:
XI ORDINANCES: (For Consideration on First Reading)
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIII. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk's Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8 771 (TDD) or 800-955-8 770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
Please Name: Print COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print . Name: Address: Subject: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print --. < Name: Jdd, Address: kd L fklrd %Lk @- c City: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Name: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
Please Name: COMMENTS FROM THE PUBLIC Request to Address City Council Address: City: Subject: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
Please Name: COMMENTS FROM THE PUBLIC Request to Address City Council Print City: PRG Members of the public may address the City Council during the ‘Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
ADDITIONS:
CITY COUNCIL MEETING 10/18/07
PROPOSED ADDITIONS, DELETIONS AND MODIFICATIONS
DELETIONS:
Under Items for Council Action/Discussion:
Jupiter Economic Development Advisory Board.
The Town of Jupiter earmarked $3 million as a
source of seed funding for life science
businesses/education in the Life Science Corridor,
and they will be forming an ad hoc Advisory
Board to assist the Town Council in finalizing
policies for the distribution of funds, grants and
loans in the Life Science Corridor.
They have asked that all applications be submitted
to their office no later than Monday, October
29th.
Applications are available from the City Clerk’s
office
Under Part I1 -Quasi-iudicial
Item c. Resolution 78,2007 - Chase Bank
Building
The applicant for this petition has requested a
postponement until date certain of November 15,
2007.
A copy of the letter has been provided for each
member of Council.
MODIFICATIONS: NONE
CITYOF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor and City Council Members
THRU Ron Ferris, City Manager
DATE. October 18,2007
FROM: Kara L. Irwin, Growth Management Administrator w
SUBJECR Town of Jupiter Economic Development Advisory Board
Per an Interlocal Agreement, the Town of Jupiter has set aside funds to finance an
Economic Development Fund for the disbursement by the Town Council with a
recommendation provided by an advisory board. Per the Agreement, the Town has
proposed an advisory board to provide recommendations to the Town Council regarding
the distribution of the Economic Development Funds in accordance with the criteria
agreed upon by the County and the Town.
The Town has provided for representation on the board by; one representative
designated by the County, one representative of the "Paragon Foundation Board" (the
non-profit board established to manage the five million dollar ($5,000,000.00)
privately funded foundation), and five representatives of the biotech/business
community (three Jupiter business owners or residents and two non-residents from the
North County Corridor, which includes the Glades Region).
In conclusion, the Town is currently in the process of establishing the advisory board for
the Economic Development Fund and accepting applications for membership on the
Board. Representatives of the biotech/business community in the North County Corridor are eligible for up to two positions on the proposed board. Attached, please
kd a copy of the application and criteria for the distribution of funds from the Town of
Jupiter. The Town of Jupiter has requested that all interested parties submit an
application by October 29,2007.
If you have any additional questions or comments regarding the application process,
please contact me at (561) 799-4243.
C: Stacy Rundle, Assistant to the City Manager Patricia Snider, City Clerk
TOWN OF JUPITER
BOARDS AND COMMITTEES
APPLICA TION
IMPORTANT:
Pleas,
Ple8se Print
.plete this application in lieu of submitting a resume. Thank you for your cooperation.
Name:
Home Address:
Home Phone Number:
Cell Phone Number:
Work Phone Number:
Town resident: 0 Yes No Email:
Name of Boards I Committees you'd like to serve on (number in order of preference):
0 Artcommittee Beach Committee
Construction Board of Adjustments 0 Economic Development Fund
0 Planning and Zoning Commission 0 Historic Resources Board
and Appeals Advisory Board
Police Pension Board
Qualification for specific category:
Business Address: Occupation:
Education:
Briefly describe why your service on the requested Board(s) or Committee(s) would be
beneficial to the Town of Jupiter:
(ifnecessary, use the back for additional space)
TURN PAGE b
0
i -.
Boards and Committees
Application
Page 2
Name of any Town of Jupiter Boards I Committees you currently serve on or have
served on in the past (list dates):
.Additional Comments:
Date: Applicant Signature:
Return to:
Town of Jupiter
Sally M. Boylan, Town Clerk, CMC
21 0 Military Trail
Jupiter, FL 33458
sallyb@lupiter fl us
KMOAFtDS and COMMIlTEES\I-B&C APPLICATION.doc
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Cotleur & 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
October 18, 2007
Ms. Jackie Holloman
City of Palm Beach Garden
10500 N Military Trail
Palm Beach Gardens, FL 33410
Re: Chase Bank Building (PGA Financial Plaza) Regional Center
City Council Meeting Postponement
Dear Ms. Holloman,
On behalf of Lost Tree Village Corporation, please accept this letter as our written
request to postpone the Chase Bank Building a enda item from the October 18th,
2007 City Council meeting to the November 15', 2007 City Council meeting. We
understand that it too late to be assigned to the November lSt, 2007 agenda and will
be happy to have this item scheduled for the November 15th, 2007 City Council
meeting. Thank you for your cooperation.
Sincerely,
(signed)
Donaldson Hearing, ASLA
Cotleur 8 Hearing, Inc.
Cc: Lost Tree Village Corporation
F:\Project Docurnents\07-0806 Chase Bank Building\Correspondence OUT\070806-Lost tree-2nd CC Postponernent.doc
WILDLIFE MANAGEMENT PLAN
Busch Wdlife Sanctuary Wildlife Management Report
Wildlife Trapping and Relocation Project
GANDER MOUNTAIN SITE
PALM BEACH COUNTY, FLORIDA
JUPITER, TLORIDA d
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Gander Mountain Site Map
Trapping Zones
.
Raccoon
I Trapped in Zone #3
Opossum
Trapped in Zone #2
Domestic Cat
Trapped in Zone #3
Glass Lizard
-
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BuschWildlie@aol.com
1011 812007 02: 16 PM
To bcheguis@cotleur-hearing.com
cc
bcc
Subject Gander Mountain 10-1 8-07 update
10-1 8-07
1 gray fox
1 raccoon
See what's new at AOL.com and Make AOL Your Homepaqe.
CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, city government is the government closest to most citizens, and the
one with the most direct daily impact upon its residents; and
WHEREAS, city government is administered for and by its citizens,· and is
dependent upon public commitment to and understanding of its many
responsibilities; and
WHEREAS, city government officials and employees share the responsibility to
pass along their understanding of public services and their benefits,· and
WHEREAS, Florida City Government Week is a very important time to
recognize the important role played by city government in our lives; and
WHEREAS, this week offers an important opportunity to spread the word to
all the citizens of Florida that they can shape and influence this branch of
government which is closest to the people; and
WHEREAS, the Florida League of Cities and its member cities have joined
together to teach students and other citizens about municipal government through a
variety of different projects and information,· and
WHEREAS, Florida City Government Week offers an important opportunity to
convey to all the citizens of Florida that they can shape and influence government
through their civic involvement.
NOW, THEREFORE, I, Joseph R. Russo, Mayor of the City of Palm Beach
Gardens, Florida, do hereby proclaim the Week of October 21 through 27, 2007, as
FLORIDA CITY GOVERNMENT WEEK
and urge all residents, government officials and employees of the City of Palm Beach
Gardens, Florida to acknowledge this week.
A~#:(
PArniCSNIDER, CMC, CITY CLERK
IN WITNESS WHEREOF, I have hereunto set my
hand and caused the Ol of the City of Palm Beach
Gardens, Florida, 'this Day of
October, 2007.
CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, the foundation of a humane and just society is the people's
willingness to work together for the common good; and
WHEREAS, our country's volunteer force is a great treasure; and
WHEREAS, self-sacrificing individuals mobilized to help others can stem
the tide of poverty, hunger, lwmelessness, abuse, and other problems that afflict
society; and
WHEREAS, the giving of one's service empowers the giver and the
recipient; and
WHEREAS, it is the duty of our citizens to find opportunities to make a
difference in the lives of tlwse around them and dedicate time and resources to
their community;
NOW, THEREFORE, I, Joseph R. Russo, by virtue of the autlwrity vested
in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim
Saturday, October 27, 2007 as
"MAKE A DIFFERENCE DAY"
In the City of Palm Beach Gardens and urge citizens to engage in projects
benefiting the community.
Atte~
Patricia Snider, CMC, City Clerk
IN WITNESS WHEREOF, I have
hereunto set my hand and caused
the Seal of the City of Palm Beach
Gardens, Florida, to be affixed on
this 18th day of October, Two
Tlwusand and seven.