HomeMy WebLinkAboutAgenda Council Agenda 050406
City of Palm Beach Gardens
Council Agenda
May 4, 2006
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo Council Member Jablin
Vice Mayor Barnett Council Member Levy
Council Member Valeche
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
May 4, 2006
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
a. Recognition of Sid Forbes, Gardens Mall.
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. (Page 5) Approve Minutes from the April 6, 2006 Regular City Council meeting.
IX. PUBLIC HEARINGS:
Part I – Quasi-judicial
a. (Staff Report on Page 13, Resolution on Page 121) Resolution 26, 2006 - RCA
Center PUD Revisions to Approved Development Plans. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving an amendment to
the Master Development Plan for the approximately 30-acre RCA Center Planned
Unit Development (PUD) (A.K.A. “Parcel 5B”), approved by way of Resolution
216, 2004, generally bounded by the PGA Flyover to the North, the Florida East
Coast (FEC) Railway to the East, the Gardens Station PUD to the South, and
RCA Boulevard to the West, as more particularly described herein, to modify
certain conditions of approval and to allow: a reallocation of square footage
between certain buildings on site; revised footprints and elevations of certain
buildings; addition of a parking structure; and other minor changes to the site and
landscape plans; providing additional waivers; providing additional conditions of
approval; and providing an effective date.
b. (Staff Report on Page 137, Resolution on Page 143) Resolution 49, 2006 –
Granting Conditional Use approval on the Vavrus Ranch site. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida granting Conditional
Use approval for certain agricultural uses for the approximately 4,760-acre
Vavrus Ranch site located approximately five miles West of S.R. 710 (Beeline
Highway) on the North side of Northlake Boulevard and East of Grapeview
Boulevard, as more particularly described herein; providing conditions of
approval; and providing an effective date.
Part II – Non-Quasi-judicial
a. (Staff Report on Page 155, Ordinance on Page 168) Ordinance 6, 2006 – (2nd
reading and Adoption) Amending the Property Maintenance Standards in the
Code of Ordinances. An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida creating a new Chapter 79 of the Palm Beach Gardens Code of
Ordinances to be entitled “Property Maintenance Standards”; repealing Section
86-27 Code of Ordinances, entitled “Housing Code Adopted”; repealing Sections
34-123 through 34-128 of Article V, Code of Ordinances, Entitled “Weeds,
Rubbish, Unsanitary Conditions”; providing for codification; 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
REGULAR MEETING
April 6, 2006
The April 6, 2006 Regular Meeting of the City Council of the City of Palm Beach Gardens,
Florida, was called to order at 7:02 P.M. in the Council Chambers of the Municipal
Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor
Russo, and opened with the Pledge of Allegiance.
ROLL CALL: The City Clerk called the roll and the following elected officials were found
to be in attendance: Mayor Russo, Vice Mayor Barnett, Councilmember Jablin,
Councilmember Levy, and Councilmember Valeche.
ADDITIONS, DELETIONS, MODIFICATIONS: Mayor Russo announced the following
modifications: to move Resolution 37, 2006 following Presentations, and to postpone
Resolution 26, 2006 to the May 4, 2006 City Council meeting. Councilmember Levy moved
additions, deletions, and modifications as read into the record by Mayor Russo. Motion was
seconded by Vice Mayor Barnett and carried by unanimous 5-0 vote.
ANNOUNCEMENTS / PRESENTATIONS:
Energy Conservation Efforts – Operations Director for Public Works Mike Morrow
discussed energy conservation efforts by the City, reporting that FPL had identified
opportunities to increase energy savings, and a plan had been implemented to increase fuel
efficiency in new and replacement vehicles. Mr. Morrow reviewed the items which the City
was implementing to save electricity and for more efficient vehicle operation. FPL had
committed to assist in review of cost savings measures throughout the year, and energy
savings opportunities would continue to be identified.
Audit Report – Finance Administrator Allan Owens presented the Comprehensive Annual
Financial Report for the year ended September 30, 2005. Mr. Owens reported this was the
first year that auditors McLandry and Pullon had done the audit, which had been completed
more timely with no management letter comments. Auditor Bob Feldman reviewed
highlights of the report, which reflected a very sound financial picture and a clean opinion
from the auditors.
RE-ORDERED AGENDA ITEM
Resolution 37, 2006 - Florida Parks, Recreation, and Public Safety Equipment Revenue note.
A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the
issuance of a not-to-exceed $2,600,000 City of Palm Beach Gardens, Florida Public
Improvement Note, Series 2006, to finance the cost of certain improvements to the City’s
Parks and Public Safety Facilities; awarding such note to Wachovia Bank, National
Association, by negotiated sale; fixing the denomination, maturity, interest rate, redemption
provisions, and other details with respect to such note; designating the City as the paying
agent and registrar for such note; and providing an effective date. Finance Administrator
Allan Owens reviewed the purpose and details of the loan. Vice Mayor Barnett asked if 1250
funds could be designated to other uses, which was confirmed. City Manager Ferris advised
a copy of the State statute would be distributed to Council. Mayor Russo recognized Boy
Scout Troop 155 at this time, and called for public comment. Tory Buckley commented this
could be approved without his comments. Ruth Peeples, 184 Bent Tree, spoke in favor of
Resolution 37, 2006. Councilmember Jablin moved approval of Resolution 37, 2006.
Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/6/06
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ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
Vice Mayor Barnett reported she had spoken to Boy Scout Troop 132 during the past week,
and had also attended for the first time the Community Aesthetics Board as a liaison.
Councilmember Levy reported he had attended the Loxahatchee River Management
Coordinating Council meeting, and advised the river management and restoration plan was
in final draft form and would go before the South Florida Water Management District board
this month. Councilmember Levy also reported that SFWMD owned one million acres in
South Florida which would be preserved for environmental restoration, and reuse water
would be used for parcel 19. Councilmember Levy commented he had attended River Fest,
provided a report on the Recreation Advisory Board meeting, and announced the
Loxahatchee River Science Symposium at Jupiter Town Hall on April 26 and 27.
Councilmember Valeche advised he had misspoken at the last meeting and the Northern
Palm Beaches Chamber of Commerce Affordable Housing Task Force had not been
disbanded. Councilmember Jablin reported he attended the Frenchman’s Creek concert and
they had committed to doing it again next year. Councilmember Jablin showed a DVD he
had made of Dancing under the Stars. Mayor Russo thanked everyone who attended the
Town Hall Meeting, reported he had attended a meeting of the North County Scripps group
and the cities were on target with everything they had to do, and also had attended a meeting
with Jupiter, the North Palm Chamber, and a representative from the Business Development
Board to discuss how to shorten the process when prospects came through. Mayor Russo
reported he would be attending a meeting with the new Honda Classic event coordinator to
address issues which would affect the City. Mayor Russo asked the City Council to meet to
critique each department head’s budget in a 3-night public workshop process during June.
Vice Mayor Barnett requested that it be an interactive process, where the Councilmembers
could ask questions. Consensus was to hold the workshops the middle of June, which would
allow 2 weeks to digest the information in the City Manager’s budget. Councilmember
Valeche noted he had an alternative budget process proposal as discussed in a workshop and
this would be a nice addition.
CITY MANAGER REPORT:
City Manager Ferris reported the County Commission had transmitted a comprehensive plan
amendment for the coastal residential exemption area which affected the affordable housing
issue. City Attorney Tatum noted the new language had only been received the previous day
and the effect on the City was not yet known; however, there was a process for objection if
the City wished to do so. Discussion ensued regarding putting the County on notice that the
City planned to object, in order to preserve their rights to object. Councilmember Jablin
made a motion to authorize the City Manager to write a letter to the appropriate Palm Beach
County person to reserve the City’s place and giving the City’s intent to object to their
amendment. Councilmember Levy seconded the motion, which carried by unanimous 5-0
vote.
COMMENTS FROM THE PUBLIC:
Suzanne Archer of Sandalwood, asked what was happening with Sandalwood/Meridian Park
regarding the replacement roofs, code enforcement issues, and asked who the contractor was
and if they were licensed. City Manager Ferris advised two members of staff would meet
with Ms. Archer now and would help with what they could.
Paula Magnuson of Sandalwood asked that code enforcement discuss the roof and a/c skirt
issue with the Sandalwood board, and presented photos of the condition of the damaged
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/6/06
3
skirts. City Manager Ferris advised staff would do what they could to help.
Dennis Berg of Sandalwood reported the contractor had indicated he would be back after
reviewing hurricane damage, but they had not seen him, and advised the residents could get
no action from their board. Mayor Russo asked Mr. Berg to join the staff and other residents
who were meeting on this issue.
Vito DeFrancesco, Shady Lakes, reported on results of his request for information regarding
the Borland Center, and stated his rights had been violated since the process had not been
properly followed. Staff explained the minor and major conditional use processes. Mayor
Russo requested a report incorporating the sections of the code where these processes could
be found.
Roger Blangy, Garden Woods, asked for landscaping in the median on Military Trail from
PGA to The Isles. The process for maintaining the medians was explained, and the Mayor
asked staff to research this section of the median. The City Manager reported once it was
approved by the county, the landscaping would be installed. Angela Wong stated she would
meet with Mr. Blangey outside.
CONSENT AGENDA: Councilmember Jablin moved approval of the consent agenda.
Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. Therefore,
the following items were approved on the consent agenda:
a. Approve Minutes from the March 2, 2006 Regular City Council meeting.
b. Approve Minutes from the March 16, 2006 Regular City Council meeting.
c. Resolution 36, 2006 – Amend and reinstate Interlocal Agreement. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the second amendment to the amended and restated Interlocal
Agreement between the Village of North Palm Beach, the City of Palm
Beach Gardens, and Palm Beach County, adding the Town of Lake Park as a
participant; and providing an effective date.
d. Resolution 39, 2006 – Contract award to Musco lighting, LLC for installation
of sports lighting at the Tennis Center. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida approving a contract award to
Musco lighting, LLC for the purchase and installation of sports lighting at the
Tennis Center facility via an existing agreement with the City of
Jacksonville, Florida; and providing for an effective date.
e. Resolution 40, 2006 - Contract award to Total Maintenance Building
Services, Inc. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving a contract award to Total Maintenance Building
Services, Inc. for Canal Long-Line Mowing Services; authorizing the Mayor
and City Clerk to execute the contract; and providing an effective date.
f. Resolution 41, 2006 - A Resolution of the City Council of the City of Palm
Beach Gardens, Florida designating the City Manager and the City’s
Economic Development Director as the official representatives of the City of
Palm Beach Gardens authorized to receive and distribute confidential
information pursuant to section 288.075, Florida Statutes, relating to plans,
intentions, or interests of a private corporation, partnership, or person to
locate, relocate, or expand any of its business activities in the state of Florida;
and providing an effective date.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/6/06
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g. Proclamation – Declaring April as Read Together Palm Beach County
Month.
h. Proclamation – Declaring the Month of April as Florida’s Water
Conservation Month.
i. Proclamation – Declaring the Month of April as Fair Housing Month.
PUBLIC HEARINGS: Mayor Russo announced the procedures that would be followed for
the quasi-judicial cases on tonight’s agenda. The City Clerk swore in all those intending to
offer testimony in any of these cases.
Part I – Quasi-judicial
Ordinance 10, 2006 – (2nd reading and adoption) Application for abandonment of a portion
of Fairview Lane. An Ordinance of the City Council of the City of Palm Beach Gardens,
Florida approving an application for the abandonment of the 40’ wide by 161’ long,
North/South portion of Fairview Lane (also known as Fairway Lane), generally located at
the Southwest corner of PGA Boulevard and the Florida Turnpike within the PGA National
Resort Planned Community Development (PCD); and providing an effective date.
[Resolution 23, 2006 is a companion item to Ordinance 10, 2006 and will require
Council action] Resolution 23, 2006 – Site Plan Amendment. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving a site plan amendment for
Gardens Home Management Services located within the PGA National Planned Community
Development (PCD) located at the Southwest corner of PGA Boulevard and the Florida
Turnpike, as more particularly described herein, to allow the conversion of a 4,486 square-
foot former fire station to a professional office; providing waivers; providing conditions of
approval; and providing an effective date. The City Clerk read Ordinance 10, 2006 on
second reading by title only and Resolution 23, 2006 by title only. Mayor Russo declared the
public hearing open and called for any ex-parte communication. No ex-parte communication
was reported. It was confirmed there were no changes since the last meeting. Hearing no
comments from the public, Mayor Russo declared the public hearing closed. Councilmember
Jablin made a motion to adopt Ordinance 10, 2006 on second reading by title only.
Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote.
Councilmember Jablin made a motion to approve Resolution 23, 2006. Councilmember Levy
seconded the motion, which carried by unanimous 5-0 vote.
Resolution 26, 2006 - RCA Center PUD Revisions to Approved Development Plans. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an
amendment to the Master Development Plan for the approximately 30-acre RCA Center
Planned Unit Development (PUD) (A.K.A. “Parcel 5B”), approved by way of Resolution
216, 2004, generally bounded by the PGA Flyover to the North, the Florida East Coast
(FEC) Railway to the East, the Gardens Station PUD to the South, and RCA Boulevard to
the West, as more particularly described herein, to modify certain conditions of approval and
to allow: a reallocation of square footage between certain buildings on site; revised
footprints and elevations of certain buildings; addition of a parking structure; and other
minor changes to the site and landscape plans; providing additional waivers; providing
additional conditions of approval; and providing an effective date. Mayor Russo declared the
public hearing open. Jeff Marshall, Catalfumo Construction, asked that this item be
postponed to the April 20, 2006 City Council meeting. Interim Growth Management Dan
Clark explained that would not allow enough time for staff review. Hearing no further
comments, Councilmember Jablin made a motion to continue the hearing for
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Resolution 26, 2006 to the May 4, 2006 City Council meeting. Councilmember Levy
seconded the motion, which carried by unanimous 5-0 vote.
Ordinance 13, 2006 – (1st Reading) - Trinity United Methodist Church. An Ordinance of the
City Council of the City of Palm Beach Gardens, Florida approving an amendment to
Ordinance 2, 1992, as amended by Resolution 6, 1993, Resolution 143, 1994, and Ordinance
15, 1998, relating to the Trinity United Methodist Church master site plan; transferring the
master site plan and related conditions to resolution 35, 2006; and providing an effective
date. [Resolution 35, 2006 is a companion item to Ordinance 10, 2006 and will require
Council action at second reading.] Resolution 35, 2006 - Trinity United Methodist Church.
A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the
conditional use approval of the Trinity United Methodist Church master plan to allow
construction of a two-story Elementary School for grades K-5 with a one-story gymnasium
for a maximum of 240 students; approving the phase 7 site plan on the South Parcel;
providing conditions of approval; and providing an effective date. The City Clerk read
Ordinance 13, 2006 on first reading by title only. Mayor Russo declared the public hearing
open. The following ex-parte communications were reported: Councilmember Levy reported
he met with Rick Wagner and discussed various items. Councilmember Valeche reported he
had spoken with Ms. Weise Roberson, who was affiliated with United Methodist. Mayor
Russo reported he had spoken with Tim Vaughn and with Dr. Eissey. Councilmember Jablin
reported he had shaken Dr. Eissey’s hand. Rick Warner provided a presentation on behalf of
the applicant. Bob Fink, BallenIsles, indicated the BallenIsles board was very concerned
with the traffic aspect and would work with the applicant. Hearing no further comments from
the public, Mayor Russo declared the public hearing closed. Councilmember Jablin moved to
place Ordinance 13, 2006 on first reading by title only. Councilmember Levy seconded the
motion, and asked the applicant to continue to work with BallenIsles on a regular basis to see
if there were ways of improving for mutual benefit. Motion carried by unanimous 5-0 vote.
Resolution 38, 2006 - Southampton Plat. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida approving the Southampton Plat; and providing an effective
date. The City Clerk read Resolution 38, 2006. Mayor Russo declared the public hearing
open. Hearing no comments from the public, Mayor Russo declared the public hearing
closed. Councilmember Jablin moved approval of Resolution 38, 2006. Councilmember
Levy seconded the motion, which carried by unanimous 5-0 vote.
RESOLUTIONS:
Resolution 42, 2006 - Appointing members to the Bioscience Land Protection Advisory
Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida
appointing one regular member and one alternate member to the Bioscience Land Protection
Advisory Board; and providing an effective date. Councilmember Jablin recommended that
the Mayor and Vice Mayor be the regular and alternate members. Councilmember Levy
stated he was uniquely qualified for this position. Mayor Russo responded that the board had
requested the same people for continuity, and this board’s function was not allowing changes
in zoning from industrial to residential. Discussion ensued. Councilmember Jablin made a
motion to appoint Joe Russo as the regular member and David Levy as the alternate. Vice
Mayor Barnett seconded the motion, which carried by unanimous 5-0 vote.
Workshop - Evaluation and Appraisal Report (EAR) 2005 “Major Issues”. Brad Wiseman
presented the staff report, advised there was a new major issue to encourage economic
development for bioscience users, and commented staff would be working on comprehensive
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/6/06
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plan amendments for workforce housing and transit prior to adoption of the EAR report. The
major issues were reviewed. Vice Mayor Barnett suggested redevelopment east of the urban
service boundary is added as a major issue. Discussion ensued. Councilmember Jablin made
a motion to accept the staff proposal and going forward to add the Vice Mayor’s comment.
Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote.
Resolution 46, 2006 – City Attorney Employment Agreement. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving an employment agreement
between Christine P. Tatum and the City of Palm Beach Gardens; and providing an effective
date. Tom Sosey commented the Council relied heavily on staff and the attorney, and he was
concerned about individual rights, and asked that this item be postponed until answers were
obtained to questions regarding citizen’s rights. Councilmember Jablin made a motion to
approve Resolution 46, 2006. Councilmember Levy seconded the motion. During discussion
of the motion, Vice Mayor Barnett asked to discuss Section 7 of the contract, stating the City
shall contribute 15% of the attorney’s fees to the retirement fund, and stated she was not
happy about the 15%. The other members of the Council indicated they were okay with the
contract terms, and this was not the place to negotiate the contract. Councilmember Valeche
and Mayor Russo indicated they both thought the salary increase could have been done in
stages instead of such a large jump, however, that was the going rate in the private sector.
Motion carried 5-0. Councilmember Levy indicated in light of Mr. Sosey’s comment that the
City did comply with the Sunshine law. Attorney Tatum thanked the City Council and
advised there would be times her opinion differed from that of others, but her client was the
City.
ORDINANCES:
Ordinance 6, 2006 - Amending the Property Maintenance Standards in the Code of
Ordinances. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida
creating a new Chapter 79 of the Palm Beach Gardens Code of Ordinances to be entitled
“Property Maintenance Standards”; repealing Section 86-27 Code of Ordinances, entitled
“Housing Code Adopted”; repealing Sections 34-123 through 34-128 of Article V, Code of
Ordinances, Entitled “Weeds, Rubbish, Unsanitary Conditions”; providing for codification;
and providing an effective date. The City Clerk read Ordinance 6, 2006 on first reading by
title only. David Reyes, Community Services, provided the staff report. Vice Mayor Barnett
asked that in the title for Section 79-5 titled “Maintenance and Appearance Standards for all
Structures” to add “and Landscape”; and in Section 5 under it to add at the end “as per
Section 78-329 of the Palm Beach Gardens code”. Staff agreed. Councilmember Jablin
moved to place Ordinance 6, 2006 on first reading by title only including the amendments as
read into the record by Vice Mayor Barnett. Councilmember Levy seconded the motion,
which carried by unanimous 5-0 vote.
Ordinance 11, 2006 – Amending the Firefighters’ Pension Plan in the Code of Ordinances.
An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to the
Firefighters’ Pension Plan; amending Section 38-54, Code of Ordinances, entitled “Finances
and Fund Management,” to permit investments of up to 10% of the Pension Plan’s assets in
real estate; providing for codification; and providing an effective date. The City Clerk read
Ordinance 11, 2006 on first reading by title only. Finance Administrator Allan Owens
presented the request and reported the staff recommendation was 5%, and verbiage that
would allow investments in real estate mutual funds such as REITs or commingled funds,
and recommended approval with those modifications. Ed Morejohn, secretary for the
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/6/06
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pension board, indicated the board agreed with the verbiage suggested by Mr. Owens but
asked to permit 10% in investments. David West, Bogdahn Consulting, provided an update
on the investment returns of the pension fund, and expressed agreement with the language
restricting real estate investments to REIT’s or commingled funds, but recommended a 10%
asset allocation. Councilmember Valeche reported he was an investor advisor representative,
and wanted to assure he was not liable for giving advice. Discussion ensued. Councilmember
Jablin made a motion for approval with the understanding that the Ordinance could be fine-
tuned before second reading. Councilmember Jablin made a motion to place Ordinance 11,
2006 on first reading by title only. Councilmember Levy seconded the motion which carried
by unanimous 5-0 vote.
Ordinance 14, 2006 - Amending the City of Palm Beach Gardens’ budget for fiscal year
2005/2006. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida
amending the City of Palm Beach Gardens’ budget for the fiscal year beginning October 1,
2005, and ending September 30, 2006, inclusive; and providing an effective date. The City
Clerk read Ordinance 14, 2006 on first reading by title only. Finance Administrator Allan
Owens could not locate the staff power point presentation. Mayor Russo noted the
presentation could be made at second reading. Councilmember Jablin made a motion to place
Ordinance 14, 2006 on first reading by title only. Councilmember Levy seconded the motion,
which carried by unanimous 5-0 vote.
ITEMS FOR COUNCIL ACTION/DISCUSSION:
Charter Review – Extending the preliminary report from April 1, 2006 to June 15, 2006.
Patricia Snider, City Clerk, reported the proposed extension would not allow time to get any
amendments on the November ballot, and reviewed the items that staff had to accomplish
before the election. The preliminary report would have to be made to City Council May 18,
submitting the final report on July 6, first reading on July 20, second reading August 3, to
meet the time requirements. Terry Brady, a member of the Charter Review committee,
reported the committee planned to finish their review on Monday. Discussion ensued. Vice
Mayor Barnett made a motion to extend the deadline of the preliminary report of the Charter
Review committee from April 1, 2006 to June 15, 2006. Councilmember Levy seconded the
motion, which carried 4-1 with Councilmember Jablin opposed.
Affordable Housing - Councilmember Jablin reported he had met with a representative of
Hilltop Mobile Home Park, and proposed that City Council direct staff to develop an RFQ to
see if anyone was interested in building on that land to utilize the City’s 6.12 acre parcel for
attainable housing development. Councilmember Valeche agreed this was a very good idea,
and asked that staff come back with parameters. City Manager Ferris provided background
on the current application from Hilltop, and advised staff could investigate and come back
with parameters for affordable housing within the City. It was concluded there was not
enough information to move on with this matter.
Mayor Russo reported he would attend the CAN meeting on April 11, and asked if another
Councilmember could attend the Jupiter Tequesta Hobe Sound Association of Realtors
meeting on the same date, as well as the Frenchman’s tea. Consensus was it would be
worked out so the attendees could be put on the calendar.
CITY ATTORNEY REPORT:
City Attorney Tatum reported the City had received another favorable ruling in yet another
Vavrus appeal, and upheld the award of attorney’s fees to the City.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/6/06
8
ADJOURNMENT
There being no further business to discuss, the meeting was adjourned at 10:11 p.m.
APPROVAL: ____________________________________
MAYOR RUSSO
____________________________________
VICE MAYOR BARNETT
____________________________________
COUNCILMEMBER JABLIN
____________________________________
COUNCILMEMBER LEVY
____________________________________
COUNCILMEMBER VALECHE
ATTEST:
____________________________________
PATRICIA SNIDER, CMC
CITY CLERK
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
I
Date Prepared: April 17,2006
Meeting Date: May 4,2006
Resolution 26,2006
SUBJECT/AGENDA ITEM
Resolution 26,2006: RCA Center PUD - Revisions to Approved Development
Plans
Consideration for Approval: A request by Mr. Jeffery P. Marshall, of RCA Center I1 of
Florida, LLC, for approval of an amendment to the RCA Center Planned Unit Development
(PUD) to allow for (I) a reallocation of square footage between certain buildings on site; (2)
revised footprints and elevations of certain buildings to accommodate the changes in
square footage; (3) the inclusion of a parking structure; (4) other minor changes to the site
and landscape plans; and (5) modifications to certain conditions of approval. The
approximately 30-acre RCA Center PUD is generally bounded by the PGA Flyover to the
north, the Florida East Coast (FEC) Railway to the east, the Gardens Station PUD to the
south, and RCA Boulevard to the west.
[XI Recommendation to APPROVE with two (2) requested waivers and
conditions of approval
[ ] Recommendation to DENY
Reviewed by: I Originating Dept.: I FINANCE: N/A
City Christine Attorney P. Tatum T/rJ
Finance
Administrator
Allan Owens
Manager
Michael J. Shchez
TEinning Manager
[XI Quasi - Judicial
[ ] Legislative
[XI Public Hearing
I Advertised:
Costs: $ N/A
Total
$N/A
Current FY
Funding Source:
AICP [ 3 Operating
[XI OtherLA
Date: February 15,
Paper: Palm Beach Post Daniel P. Cla
Approved By: [XI Required
[ 3 Not Required
Affected Parties:
[XI Notified
[ ] Not Required
Budget Acct. # :
N/A
CC Action:
[ ]Approved
[ ] App. w/ conditions
[ 3 Denied
[ ] Rec. approval
[ ] Rec. app. w/ conds.
[ ] Rec. Denial
[ ] Continued to:
Attachments:
Applicant’s Waiver
Justification
TCRPC Comment
Memo
Letter from Seacoast
Utility Authority
Resolution 216, 2004
Currently Approved
Site Plan
Site Plan
Landscape Plan
Building Elevations
and Floor Plans
Resolution 26, 2006
Date Prepared: April 16, 2006
Meeting Date: May 4,2006
Resolution 26,2006
EXECUTIVESUMMARY
The applicant is requesting an amendment to the RCA Center PUD to allow for (I) a
reallocation of square footage between certain buildings on site; (2) revised footprints and
elevations of certain buildings to accommodate the changes in square footage; (3) the
inclusion of a parking structure; (4) other minor changes to the site and landscape plans;
and (5) modifications to certain conditions of approval. Certain modifications to the site
are a result of input from the Treasure Coast Regional Planning Council relative to the site
design in anticipation of a future Tri-Rail station that is planned for the site.
Staff is recommending APPROVAL of the subject petition with two (2) requested waivers
and conditions of approval.
BACKGROUND
On March 16, 2000, the City Council approved Resolution 20, 2000, thereby granting the
30.03-acre subject property, referred to as “Parcel 5B”, a waiver from the mandatory
residential requirement for Mixed-Use (MXD) projects.
On February 1, 2001, the City Council approved Resolution 1, 2001 providing for the
approval of a ten (io) acre conceptual upland preserve set aside for Parcel 28.01, Parcel
28.02, Parcel 5A, and the subject property to be located within Parcel 5A in order to satisfy
the minimum 25% upland preserve requirement for the four (4) aforementioned parcels.
On December 16,2004, the City Council approved Resolution 216,2004 thereby approving
the development order for the subject property referred to as the “RCA Center Planned
Unit Development” (PUD) (the “Project”). The originally approved site plan shown on the
following page consisted of 150,000 square feet of retail use, 100,ooo square feet of office
use, and 50,000 square feet of light ndustrial use within 13 buildings ranging from one (1)
to three (3) stories in height.
(The remainder of this page was intentionally left blank.)
2
Date Prepared: April 16,2006
Meeting Date: May 4,2006
Resolution 26,2006
LAND USE & ZONING
The land-use designation of the subject site as shown on the City’s Future Land Use Map is
Mixed Use (MXD). The site is zoned Mixed-Use Planned Unit Development (MXD/PUD)
Overlay with an underlying zoning of Mixed-Use (MXD).
CONCURRENCY
The original concurrency approval for the Project contained 150,000 sf of retail use;
100,ooo sf of office use; and 50,000 sf of light industrial use (300,000 sf total). As part of
the currently proposed site plan amendment, the applicant submitted a traffic equivalency
statement that was approved by the Palm Beach County Traffic Division and the City’s
traffic consultant that allowed for the development of 105,400 sf of professional office use;
15,000 sf of medical office use; 25,000 sf of retail/shopping center use; 59,200 sf of light
3
Date Prepared: April 16,2006
Meeting Date: May 4, 2006
Resolution 26.2006
industrial use and 178,647 sf of furniture store use (383,247 sf total). The increase in
square footage permitted within the project is due to the fact that furniture store uses
generate less traffic than regular retail uses. The applicant has been advised that if all of
the approved square footage is constructed on site, the furniture store uses cannot be
converted to a more intense use, such as regular retail, in the future without obtaining
additional traffic concurrency and providing the number of parking spaces required by the
City’s LDRs. A condition of approval relating to the same has been included.
CONDITION # 43 OF RESOLUTION 216,2004: TRI-RAIL TRANSIT STATION
Prior to the original site plan approval of the Project, the South Florida Regional
Transportation Authority (SFRTA) began conducting a study, referred to as the “Jupiter
Corridor Alternatives Analysis,” to determine the feasibility of extending Tri-Rail from its
current northernmost station in Mangonia Park to Jupiter. As part of the study, the
SFRTA identified a possible location for a Tri-Rail transit station in the vicinity of the
intersection of PGA Boulevard and the Florida East Coast (FEC) Railway.
In December of 2003, staff met with representatives from the South Florida Regional
Transportation Authority to identify possible sites for a Tri-Rail transit station within the
City in close proximity to PGA Boulevard. Two (2) sites were identified: Parcel 5A
(northwest corner of PGA Boulevard and Alternate AiA) and Parcel 5B (southwest corner
of PGA Boulevard and Alternate Ad).
At the City Council meeting of March 18,2004, at which the possible future Tri-Rail station
was discussed, while an official vote was not taken, certain members of the City Council
made it be known to staff that it preferred the transit station to be located on Parcel 5B,
rather than on Parcel 5A. It was the opinion of certain City Council members that a
passenger transit station on Parcel 5A would adversely affect the adjacent Garden Woods
neighborhood.
In an effort to bring the possible Tri-Rail station to fruition, staff had several meetings and
discussions with representatives from the SFRTA and the Treasure Coast Regional
Planning Council (TCRPC), as well as meetings with the land owner, to come up with a
strategy to accommodate a station within the development plans for the Project. The
strategy that was agreed upon, which was made a condition of approval (#43) in the
approving resolution for the Project, was that, subsequent to the approval of the Project in
December of 2004, the applicant would work in conjunction with the TCRPC, the SFRTA,
and the City to make any and all necessary modifications to the development plans for the
portion of land lying east of RCA Center Drive (North/South Road) to accommodate the
potential of a Tri-Rail transit station. The modifications would be approved
administratively by staff so long as any exterior elevation changes were architecturally
consistent with the approved buildings. The condition of approval further stipulated that if
the final results of the Jupiter Corridor Alternatives Analysis determine that a Tri-Rail
station will be constructed on the subject property, the applicant, its successors or assigns
were required to work cooperatively with the SFTRA and the City to facilitate the
construction of said station and all ancillary uses/structures in a timely manner.
4
Date Prepared: April 16, 2006
Meeting Date: May 4,2006
Resolution 26,2006
CURRENTLY APPROVED SITE PIAN
In accordance with the aforesaid condition, the applicant worked with the TCRPC, the
SFRTA and the City to modify the originally approved site plan to accommodate a transit
station. The results of such negotiations were as follows:
*:* The applicant would relocate all of the square footage located on the east side of
RCA Center Drive to the western portion of the site; and
*:* The applicant would provide a conceptual site plan for the transit station on the east
side of RCA Center Drive to include a bus loop, the transit station, and vacant
developable land, the use of which would be approved at a later date.
In order to satisfy the terms of the condition, the applicant submitted the currently
approved site plan that encompassed the items listed above (please see attached site plan
labeled as “APPROVED”). However, at the request of the TCRPC, the applicant would
continue to work with the TCRPC in an effort to redesign the western portion of the site to
make it as compatible to a transit station as possible, or “transit ready.”
TCRPC ROLE IN SITE PIAN REVIEW
The above-mentioned Jupiter Corridor Alternatives Analysis has recently developed into a
broader, more comprehensive study called the “South Florida East Coast Corridor Transit
Study” (the “Study”) that seeks to reduce roadway congestion and improve mobility by
providing local and regional passenger transit service for Miami-Dade, Broward and Palm
Beach counties. The Study is expected to be completed between 2008 and 2010 and
construction of improvements completed between 2012 and 2019. Staff attended a kickoff
meeting for the Study in December of 2005, at which time representatives from the Florida
Department of Transportation (FDOT) who manage the Study stated that the extension of
Tri-Rail north of Mangonia Park to Jupiter through Palm Beach Gardens poses less
roadblocks than other improvements under review by the Study and could be completed by
2012.
The TCRPC has been contracted by the FDOT to visit the municipalities along a two (2)
mile transit corridor from Miami to Jupiter (generally east of Interstate 95) in an effort to
create land-uses along the corridor that encourage mass transit ridership referred to as
“Transit Oriented Developments” (TOD) (see following section). Consequently, TCPRC
representatives have continued to work with the applicant to modify the site plan to
incorporate the concepts of a TOD. One (1) major component that the TCRPC strongly
recommends be added to this and any TOD site plan is higher-density residential dwelling
units, of which the applicant has indicated they are in favor. However, the introduction of
high-density residential units to this site requires certain amendments to the City’s
Comprehensive Plan and LDRs. TCRPC is currently working with City staff to come up
with language in the City’s Comprehensive Plan and LDRs relating to TODs for review by
the PUB and the City Council in the near future. Should the TOD concept and
accompanying Comprehensive Plan and LDR language be adopted by the City Council, the
applicant would submit a subsequent site plan amendment application to include
residential units on site.
5
Date Prepared: April 16, 2006
Meeting Date: May 4, 2006
Resolution 26,2006
TRANSIT ORIENTED DEVELOPMENT (TOD)
A Transit Oriented Development is typically a pedestrian-friendly, mixed-use development
designed to complement a transit station or transit corridor. TODs typically encompass a
quarter- to half-mile ring around transit (io to 15-minute walking distance), providing an
appropriate venue for regional destinations, multi-modal transit hubs (buses, taxis, Palm
Tran, etc.), and both attainable (workforce especially) as well as market-rate housing.
TODs are characterized by easy mobility for pedestrians and bicyclists and are often
complemented by collector transit systems, such as trolleys and buses. Parking within
TODs is typically reduced and managed within the TOD district to further encourage
transit ridership.
PROJECT DETAILS
The proposed changes to the approved development plans incorporate some of the
recommendations made by the TCRPC during their review of the approved plan (please see
attached comment memorandum from TCRPC dated April I, 2005). Other changes
proposed are a result of tenant requests. The proposed changes were deemed by the
Growth Management Administrator to warrant the review of the PZAB and the City
Council.
Said changes are as follows:
1.
2.
3.
4.
5. 6.
7.
8.
9.
Building 2 has been increased from 45,000 sf to 60,000 sf. The elevation will
generally remain the same; however, the building will increase from three (3) stories
to four (4) stories. This building has been rotated and shifted to the east;
Building 3 has increased from 24,000 sf to 52,600 sf and from one (1) story to two
(2) stories;
Building 4 has increased from 8,550 sf to 12,250 sf. An arcade feature has been
introduced between Buildings 3 and 4;
A new parking structure has been added within the northern portion of the site.
This structure will include architectural elements on the North, East and West side
to enhance aesthetics (see attached). The south side of garage will be masked by a
three (3) story building which will include ground floor retail/commercial space.
The upper stories will be designed as loft style commercial spaces;
The lakes have been slightly reconfigured as shown on the master plan;
A new plaza area located at the intersection of the two (2) City roadways has been
added for public gathering;
At the request of staff, a small “pocket park” with large shade trees, benches and a
sodded area has been introduced between Buildings 1 and 5;
The location of a future parking garage has been shown on the southwest corner of
the site plan. This parking garage will be utilized at such time when future
residential uses and the transit station are introduced. Said garage and any future
development on the eastern portion of the site would require the review of the PZAB
and the City Council;
A net increase in the overall square footage of the project by 83,247 square feet,
which is permissible by the approval of a traffic equivalency analysis; and
6
Date Prepared: April 16,2006
Meeting Date: May 4,2006
Resolution 26,2006
io. The introduction of “Furniture” and “Medical Office” uses in the traffic concurrency
approval for the Project.
StqffAnalusis of Proposed Site Plan Changes
Due to the idea of increasing the intensity of the site from that previously approved by
incorporating a transit station and future residential uses on site, the applicant has been
willing to work with the City and the TCRPC to modify the site plan in accordance with
recommendations made by the TCRPC in the attached memorandum. As stated
previously, the introduction of multi-family residential uses to the site is strongly
encouraged by the TCRPC; however, such a change will be brought before the PUB and
the City Council at a later date since a comprehensive plan amendment is required.
The currently proposed major change to the plan is the relocation of all of the parking for
the currently proposed uses to the portion of the site lying west of RCA Center Drive so that
the eastern portion of the site can remain vacant until such time when it is determined
whether Tri-Rail will be extended north and a transit station built on the subject site. The
applicant incorporated some of the changes recommended by the TCRPC in the attached
memo such as (1) the relocation of all retail uses to the western portion of the site; (2) the
introduction of a parking structure that is fronted by retail and office uses; (3) the
reduction of landscape berms and planting areas adjacent to retail storefronts in order to
promote pedestrian activity in these areas; (4) the provision of a small urban “pocket
park”; (5) the increase in building height of certain buildings on site (Building 9 had been
increased from one story to two stories by way of an administrative approval subsequent to
the preparation of the comment memorandum by the TCRPC); and (6) the reservation of
land on the eastern portion of the site for future residential uses collocating with the Tri-
Rail station.
It is staffs professional opinion that the site plan changes further staffs goals of a
achieving a transit-ready development. In conclusion, staff does not have any objection to
the proposed site plan changes.
Architecture
The elevations and floor plans of Buildings 2, 3, 4 and 12 have been modified to
accommodate the changes in square footage and design. In staffs professional opinion,
the architecture proposed for the new buildings is consistent with the level of architecture
approved for the remaining buildings. Staff, including the Police Department, has worked
very closely with the applicant in coming up with a design for the parking structure that
provides the maximum safety to its users while maintaining a visually pleasing facade on
all sides. Staff is generally pleased with the proposed architecture.
Landsca pinq
The applicant has maintained the approved landscape theme throughout the Project. The
applicant has satisfactorily addressed the concerns of the City Forester relative to the
proposed plan revisions.
7
Date Prepared: April 16,2006
Meeting Date: May 4,2006
Resolution 26,2006
Due to the urban nature of the proposed plan, the applicant is requesting a waiver to allow
for a reduction in foundation landscaping adjacent to certain buildings. This waiver
request is discussed further in the “Waivers” section of this report.
Sianaae
The applicant is not proposing any changes to the approved sign program, the terms and
conditions of which will apply to the new structures.
Parkins
The surface parking spaces on site were previously approved by the City Council at both
nine and one-half (9.5) and io feet in width. The applicant is requesting a waiver to allow
for nine and one-half (9.5) foot parking spaces in the new parking structure. This waiver is
further discussed in the “Waivers” section of this report.
The number of parking spaces on site associated with the proposed uses is consistent with
the terms of the City’s LDRs.
CPTED Compliance
Crime Prevention Through Environmental Design (CPTED) is a branch of situational crime
prevention that maintains the basic premise that the physical environment can be designed
or managed to produce behavioral effects that will reduce the incident and fear of crime.
The development order for the project has several conditions relating to CPTED that will
apply to the amended plan.
Due to the introduction of a parking structure, the Police Department has worked
diligently with the Planning and Zoning staff and the applicant to design the garage in a
manner that achieves the goals of CPTED principles while maintaining functionality and
aesthetic qualities. Examples of such design provisions include (1) an open design along
the perimeter of all levels of the garage to allow light, air and visual access and natural
surveillance into the structure; (2) glass fixtures within and adjacent to the doors leading
into the stairwells in order to allow visual access into and natural surveillance of the
stairwell; and (3) the introduction of a high resolution, closed circuit security system with
recording and photo processing picture or video printout capabilities within the garage.
MODIFICATIONS TO CONDITIONS OF APPROVAL
The applicant is requesting the following modifications to certain conditions of approval
established in the Development Order, as noted in the attached letter prepared by the
applicant dated April 11,2006:
*:* Existing Condition 14 (b): “The Applicant shall, prior to the issuance of the first
Certificate of Occupancy for Parcel 5B, design, build, and construct the “5B Road” as
a two (2) lane divided roadway with landscaped median within a fifty (50) foot
right-of-way. The east 15 feet and the west 15 feet of the 80-foot right-of-way may
be utilized for landscape buffer calculations and setback requirements.”
8
Date Prepared: April 16,2006
Meeting Date: May 4, 2006
Resolution 26, 2006
Note: The “5B Road” is defined in the Development Order as that portion of RCA
Center Drive that is shown on the Linkage Plan (future north/south road extending
from RCA Boulevard through the Project underneath the PGA Flyover to the future
extension of Kyoto Gardens Drive) from its present northern terminus (portion of
right-of-way extending north of RCA Boulevard between Hilda Flack Interiors and
the Hampton Inn) to the northern boundary of the Project.
Applicant’s Request and Justification (as stated by the applicant in the attached
narrative): The applicant is requesting to modify the above condition due to the
limited access on Parcel a. As shown in the attached plan, entitled “Construction
Trafic/Access,” the NE corner of Parcel 5B is the only viable access point to Parcel
@for construction trafic because of the existing lake along Military Trail and the
FEC Railway along Alternate Aul. Therefore, the applicant is required to use the
northern half of RCA Center Drive within Parcel 5B for hauling construction
materials required to build Kyoto Gardens Drive and the associated bridge. The
size and weight of the required construction vehicles would signijicantly damage
the new road with landscaped median.
Therefore, the applicant is hereby requesting to revise Condition 14 (b) to require
completion of the portion of RCA Center Drive north of its intersection with Design
Center Drive (East/West Road) by the last Certificate of Occupancy west of the
RCA Center Drive or by the completion of Kyoto Gardens Drive, whichever comes
first.
Staff Recommendation: Staff agrees with the applicant’s justification that
construction traffic for Kyoto Gardens Drive may cause some damage to a finished
roadway with curbing and landscaped medians, however does not recommend that
the construction of said portion of RCA Center Drive be delayed until the issuance of
the last Certificate of Occupancy (CO) on site. Access across the north portion of the
Project to Parcel 5A is only needed until such time when the bridge on the west end
of Kyoto Gardens Drive adjacent to Military Trail is completed. Once constructed,
the bridge will be the primary access for construction vehicles to access Parcel 5A to
complete the construction of Kyoto Gardens Drive and the 5A Road. It is staffs
opinion that the bridge’s construction should be a priority for the applicant.
Staff recommends that the condition be amended such that the portion of RCA
Center Drive north of its intersection with Design Center Drive should be completed
prior to the first CO for the portion of the site bounded by PGA Boulevard to the
north, RCA Boulevard to the west, Design Center Drive to the south, and RCA
Center Drive to the east (hereinafter referred to as the “Northwest Pod”). The
remaining portion of the 5B Road will still be required to be completed prior to the
first CO for the Project.
Staff recommends that the condition read as follows:
“The Applicant shall, prior to the issuance of the first Certificate of
Occupancy for Parcel 5B, design, build, and construct the “5B Road,”
9
Date Prepared: April 16,2006
Meeting Date: May 4,2006
Resolution 26,2006
with the exception of the portion of said road north of its intersection
with Design Center Drive, which shall be completed prior to the first
Certificate of Occupancy within the Northwest Pod. Said road shall be
constructed as a two (2) lane divided roadway with landscaped median
within an eiphty Aagr (850) foot right-of-way. The east 15 feet and the
west 15 feet of the So-foot right-of-way may be utilized for landscape
buffer calculations and setback requirements. (City En&-ieer)”
*:* Existing Condition 15 (b): “The Applicant shall, prior to the issuance of the first
Certificate of Occupancy for Parcel 5B, design, build, and construct the “5A Road” as
a two (2) lane divided roadway with landscaped median within a 50-foot right-of-
way. The east 15 feet and the west 15 feet of the 80-foot right of way may be utilized
for landscape buffer calculations and setback requirements.”
Note: The ‘‘a Road” is defined in the Development Order as that portion of RCA
Center Drive connecting the 5B Road to Kyoto Gardens Drive.
Applicant’s Request and Justification: The applicant is requesting to revise this
condition due the projected construction traffic on this road due to the limited
access to Parcel @. Similar to the 5B Road, the @ Road will be used for hauling
construction materials required to build Kyoto Gardens Drive and the associated
bridge. The size and weight of the required construction vehicles would
significantly damage the new road with landscaped median.
Additionally, permitting for the Road has been delayed due to new information
received on February 22, 2006, from the Seacoast Utility Authority (SUA)
regarding their request to place transmission lines within the Parcel @ roads (see
attached letter). The applicant agreed to revise their plans to accommodate SUA;
however, this information required significant changes to the plans, slowing the
approval process and construction timeframes.
Therefore, the applicant is hereby requesting to revise Condition 15 (b) to allow
construction of the @ road to be completed prior to the first Certificate of
Occupancy for Parcel or by the completion of Kyoto Gardens Drive, whichever
comes first.
Staff Recommendation: Staff agrees with the applicant’s justification that the
construction of the 5A Road will be delayed due to the recent request by SUA to
place utilities within the road and other unforeseen complications associated with
the permitting of the road. However, staff does recommend that the
construction of said road be delayed until the issuance of the first CO for Parcel 5A.
The timely construction of the 5A Road and Kyoto Gardens Drive are of utmost
importance to the City. Staff recommends that the condition be amended as
follows:
“BV January 1, 2008, tThe Applicant shall:
design, build, and
substantiallv complete txm&me# the “a Road” and the portion of Kvoto
10
Date Prepared: April 16,2006
Meeting Date: May 4,2006
Resolution 26,2006
Gardens Drive connectinn the .iA Road to Military Trail. The r;A Road
shall be constructed as a two (2) lane divided roadway with landscaped
median within an 850-foot right-of-way. The east 15 feet and the west 15
feet of the So-foot right-of-way may be utilized for landscape buffer
calculations and setback requirements. Failure of the applicant to meet
this deadline shall result in the issuance of a stoD work order for the
proiect for all construction activities not required for the construction
of said roads as well as the ceasing of issuance of Certificates of
Occupancy for the proiect until such time when the roads are comdete.
The issuance of a ston work order shall be in addition to any other
enforcement methods available to the City to ensure compliance with
this condition. (City Ensneer)”
*:* Existing Condition 16: “Within six (6) months of the issuance of the first clearing
permit, the landscaping shall be installed within: (I) the medians and adjacent road
shoulders within the portions of PGA Boulevard and RCA Boulevard adjacent to the
property, unless landscaping is installed in said areas by the FDOT as part of the
PGA Flyover project; and (2) the landscape buffers along PGA Boulevard, RCA
Boulevard, and Alternate Aul. The Growth Management Administrator shall be
authorized to grant up to two (2), three (3) month extensions to this requirement
upon demonstration by the Applicant of a good-faith effort to satisfy the same in a
timely manner. (City Forester)”
Applicant’s Request and Justification: The applicant has been working with both the
City of Palm Beach Gardens and the Treasure Coast Regional Planning Council to
redesign the site consistent with the principles of a Transit Oriented Development
(TOO). This redesign has altered the requirements for the landscape buffers, and the
installation of the buffers at this time would be premature as the revised plans have
yet to be approved. Additionally, the redesign promoted by both the City and TCRPC
required the reconfiguration of Lake #I, and therefore, the applicant has been unable
to install master irrigation system for the project due to the required changes.
The reality is that the installation of the landscaping 6 months after the issuance of the
clearing permit does not coincide with typical construction sequencing. This condition
was specifically problematic for this project as the applicant is utilizing tilt-up
construction methods combined with an urban development plan which located
buildings very close to the street. Any landscaping installed between the ROW and
building would be destroyed during construction.
Therefore, the applicant is hereby requesting to revise Condition 16 to require each
portion of the buffer along RCA Drive to be completed with thefirst Certificate of
Occupancy for the adjacent pod. The buffer along PGA Boulevard will be
completed prior to the first Certificate of Occupancy for the Northwest Pod. See
attached plan.
Please be aware that the applicant satisfied Part I of Condition 16 on March 15, as
the required landscaping within the ROW was installed along RCA Drive.
11
Date Prepared: April 16,2006
Meeting Date: May 4, 2006
Resolution 26,2006
Staff Recommendation: Based on recent issues with the installation of buffers
during the construction phase of projects of this nature with buildings adjacent to
the buffers, staff has reevaluated its previous policy of requiring buffers to be
installed within six (6) months of clearing and prior to the construction of adjacent
buildings. Instead, staff will request that buffers within projects of this nature be
installed prior to the Certificate of Occupancy for the adjacent buildings. (Note:
Conditions related to the same may differ slightly from project to project based on
differences in site plans, site locations, etc.). Staff agrees with the applicant’s
justification and recommends that the condition be deleted in its entirety and
replaced by the following conditions:
“Prior to the first Certificate of Occupancy for the Northwest Pod. all
of the landscaping buffers within the Northwest Pod shall be
completed. with the excention of those buffers immediatelv adiacent
to Buildings 3 and 4, which shall be completed prior to the
Certificates of Occupancv for those buildings. (City Forester)”
“Prior to the first Certificate of Occupancy for the portion of the site
bounded bv Design Center Drive to the north, RCA Center Drive to
the east. RCA Boulevard to the west. and the Gardens Station PUD to
the south. herein after referred to as the “Southwest Pod”, all of the
landscaping buffers for the Southwest Pod and the landscaning
surrounding Lake #2, including the east and south buffers shall be
installed. The remainder of the landscape buffers within the portion
of the site east of RCA Center Drive shall be installed concurrentlv
with the develonment of that portion of the site. (City Forester)”
*:* Existing Condition 17: “Prior to the issuance of the first Certificate of Occupancy,
the landscaping shall be installed within the medians and road shoulders within
both the north/south and east/west thoroughfares within the property.’’
Staff Recommendation: Based on the above-referenced modifications to Conditions
14(b) and 15(b), this condition is no longer required and should be deleted in its
entirety.
*:* New Condition Requested by Staff: Based on a recent policy by the City to
require construction fencing with a privacy tarp around construction sites in order
to provide screening for passers-by, staff is requesting that the applicant provide the
same on site within six (6) weeks of the approval of the subject petition.
Staff Recommendation: Staff recommends that a new condition be included in the
approving resolution that reads as follows:
“Bv (six (6) weeks from the adoption of this resolution), the
apnlicant shall erect a six (6) foot tall construction fence with a privacv
tarp along the entire property line adiacent to RCA Boulevard and anv
portion of PGA Boulevard that is below the height of the fence. Failure
bv the anplicant to comply with this deadline shall result in the ceasing
12
Date Prepared: April 16,2006
Meeting Date: May 4,2006
Resolution 26.2006
Section 78-344 (l)(i), entitled
Minimum dimensions (of off-street
parking)
of inspections or issuance of permits for the project bv the City, which
shall be in addition to anv other enforcement methods available to the
Citv to ensure compliance with this condition. (Planning and Zoning).”
432 spaces within
the parking
structure at 9.5’
wide
io’ wide
WAIVER REQUESTS
Section 78-320(b), entitled
Foundation landscaping and
planting
The applicant is requesting approval of the following waivers, which are in addition to the
waivers previously granted to the Project by the City Council pursuant to Resolution 216,
2004 (attached). The applicant’s justification for the waivers is attached hereto for
reference.
SUMMARY OF REQUESTED WAIVERS
Foundation
not be less than
30% of height of
building
planting width Less than required
in certain
I Code Section 1 Required I Provided Recommendation
Approval (1)
Approval (2)
1. Waiver from Section 78-344 (l)(i), entitled Minimum dimensions (of off-street
parking), to allow for 432 nine and one-half (9.5) foot-wide parking spaces within
the parking structure. City Code requires parking stalls to be at least 10 feet in
width.
StaffAnalusk: It is important to note, as explained in the subsequent section this
report, that the applicant had previously requested that the spaces within the garage
be permitted at nine (9) feet in width. During the public hearing for the subject
petition, the PZAB recommended that the applicant modify the development plans
to include at least nine and one-half (9.5) foot-wide spaces in the garage. The
applicant has complied with this request and provided all spaces within the garage
at nine and one-half (9.5) feet in width.
The City’s LDRs state that the City Council may approve a reduction in parking stall
width to nine and one-half (9.5) feet for retail uses. The applicant has provided an
increased drive isle width (26 feet) to accommodate for the reduced stall width.
Other commercial parking structures that have been approved with reduced parking
space width include (1) the top two floors of parking structure within the
commercial portion of the Legacy Place PCD (9’ wide); and (2) Downtown at the
Gardens (retail) (9 V2’ wide).
Based on (1) past precedent set by the City Council for parking within a parking
structure; (2) the fact that the applicant has worked with the City and agreed to
13
Date Prepared: April 16, 2006
Meeting Date: May 4,2006
Resolution 26,2006
relocate the square footage and parking approved on the eastern portion of the site
to the western portion to accommodate a future transit station; and (3) the TOD
concept that may be applied to this site in the future encourages compact, efficient
developments with increased intensity and density, staff does not object to the
waiver request to allow for a reduced parking stall width within the garage. Staff
recommends APPROVAL of the waiver request.
2. Waiver from Section 78-320(b), entitled Foundation landscaping and plantings, to
allow for a reduction in the foundation landscaping width adjacent to certain
buildings. City Code requires foundation landscaping width to be not less than 30%
of the height of the building.
Staff Analusis: Staff agrees with the applicant’s justification that the compact
nature of this development together with the proposed height of certain buildings
on site precludes this requirement from being satisfied. The provision of the
required foundation landscaping would reduce the amount of developable land
significantly. Staff has worked diligently with the applicant to increase the
landscaping in other areas on the site plan in order to offset the requested waiver.
Staff does not have any objection to the waiver requests and, therefore, recommends
APPROVAL thereof.
PLANNING, ZONING AND APPEALS BOARD
On January io, 2006, the City’s Planning, Zoning and Appeals Board held a public hearing
to review the subject petition. The Board raised the following concerns (Staffs analysis of
the applicant’s response to each of the Board’s concerns is also included.):
*:* The Board had concerns that the proposed colors for Buildings 3 and 4 were not
compatible with the remaining building on site.
StaffAnalysis: The color schemes for Buildings 3 and 4 have been revised to be
more in line with the remaining buildings on site to the satisfaction of staff.
*:* The Board suggested that the building openings in the elevation of the parking
structure (Building 12) should be reduced in size to be more consistent with the
openings on the commercial portion of the same building.
StaffAnalusis: The applicant has amended the elevations of the parking structure to
depict the parking ramps that will be seen through the metal grill-type architectural
feature on the building elevation. Staff has discussed this at length with the
applicant and determined that the introduction of any additional architectural detail
within the openings of the parking structure elevation would drastically reduce the
light and air inside of the structure. Staff has worked diligently with the City’s
Police Department throughout the review of this project to maintain an open design
in the parking garage to promote safety, in accordance with CPTED principles. Staff
does not have any objection to the garage as proposed.
*:* The Board objected to the applicant’s proposal of nine (9) foot wide parking spaces
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Date Prepared: April 16,2006
Meeting Date: May 4, 2006
Resolution 26,2006
in the garage and recommended that the parking spaces within the structure be no
less than nine and one-half (9.5) feet in width.
Stq@AnaZUsis: The applicant has since modified the design of the parking structure
such that all parking spaces are a minimum of nine and one-half (9.5) feet in width.
The Board voted 6-1 to approve the subject petition and, as part of the motion,
recommended that the applicant address the concerns stated above. The Boardmember
who voted against the motion stated during the discussion of the project that, instead of a
recommendation of approval with conditions, the Board should require the applicant to
revise the plan to depict the parking within the structure at a minimum width of nine and
one-half (9.5) feet and bring the revised plan back to the Board for review prior to City
Council.
Subsequent to the January io, 2006, PZAB hearing, the applicant requested to amend
certain conditions of approval established in the Project’s development order. Since
modifications to conditions of approval are considered Major Amendments per the LDRs,
staff requested that the proposed modifications be heard by the PUB prior to the entire
petition, including the plan modifications already reviewed by the PZAB, being heard by
the City Council. On April 25, 2006, the PZAB reviewed the proposed modifications to the
conditions of approval and voted 7-0 to recommend approval of said modifications to the
City Council.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Resolution 26,2006 with the two (2) requested waivers
and the conditions of approval listed therein. It is important to note that the waivers and
conditions of approval approved during the original approval of the Project by way of
Resolution 216, 2004 have been included in the proposed Resolution 26, 2006, the
amended development order for the Project.
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PGA Professional and Design Center
Rea u es t ed Waivers
April 17,2006
1. PARKING STALL WIDTH WITHIN PARKING STRUCTURE - The applicant is
requesting a waiver to allow 9.5 foot-wide parking spaces in the parking structure.
CODE REQUIREMENT: Section 78-344 (1)( l), entitled Minimum dimensions (of off-street
parking), states that a standard stall is 10 x 18.5 feet.
JUSTIFICATION: The parking structure has been added to the plan in response the
applicant’s cooperative efforts with the City and Treasure Coast Regional Planning Council
(TCRPC) to allow for the Tri-Rail station/Transit Oriented Development (TOO). The design
principles of the TOD recommend increased density and discourage large parking fields.
The addition of the parking structure accomplishes both. The applicant is requesting the
parking stall reduction in order to provide the most eficient parking structure which allows
for additional green space and amenity areas. The applicant initially proposed 9’ wide
spaces for the parking structure, however, due to concerns from P&Z Board members and
sta8 revised the design to provide 9.5’ wide spaces. The 9.5’ wide spaces are consistent
with all recently approvedparking structures within the City of Palm Beach Gardens.
2. FOUNDATION PLANTING AREA - The applicant is requesting a waiver to the
foundation planting area requirement for various areas within the development.
CODE REQUIREMENT: - Section 78-320(b) requires the foundation planting area for a
building of two or more stories be not less than 30% of the height of the building.
JUSTIFICATION: PGA Professional and Design Center is an urban project that provides
extensive landscaping and pedestrian amenities. The applicant is currently working with the
TCPRC to incorporate the principles of TOD into the overall design. As part of the TOD
design, the plan includes increased density, urban street frontages and increased pedestrian
interaction. The required foundation plantings would not be conducive to that urban goal.
The applicant has provided taller trees adjacent to the taller facades as required by code,
and it should be noted that the waiver does not reduce the amount of landscaping or open
space required by LDRs. Additionally, the applicant has worked with staff and will be
providing additional littoral zone plantings to amplifi the appearance of Lake #I.
RCA CENTER II OF FLORIDA. LLC
Via Hand Delivery
April 11,2006
Mr. Michael J. Sanchez
Planning Manager
City of Palm Beach Gardens
Growth Management Department
10500 North Military Trail
Palm Beach Gardens, FL 33410
RE: PGA Professional and Design Center (Parcel 5B)
Resolution 216,2004
Dear Mr. Sanchez:
Please accept this letter as my formal request to amend certain conditions in Resolution 2 16,2004,
the Development Order for the PGA Professional and Design Center project.
0 Condition 14 (b) - The Applicant shall, prior to the issuance of the first Certificate of
Occupancy for Parcel SB, design, build, and construct the “5B Road” as a two (2) lane
divided roadway with landscaped median within a fifty (50) foot right-of-way. The east
15 feet and the west 15 feet of the 80-foot right-of-way may be utilized for landscape
buffer calculations and setback requirements. (City Engineer)
The applicant is requesting to modijj the above condition due to the limited access on
Parcel 5A As shown in the attachedplan, the NE corner of 5B is the only viable access
point to Parcel 5A for construction traf$c because of the existing lake along Military
Trail and the FEC Railway along Alt. A1A. Therefore, the applicant is required to use
the northern half of RCA Center drive within Parcel 5B for hauling construction
materials required to build Kyoto Gardens Drive and the associated bridge. The size and
weight of the required construction vehicles would significantly damage the new road
with landscaped median.
Therefore, the applicant is hereby requesting to revise Condition 14 (b) to require
completion of the northern halfof RCA Center Drive by the last Certificate of Occupancy
west of the RCA Center Drive or by the completion of
comes$rst.
PLANNING & ZONING DIV
Condition 15 (b) - The Applicant shall, prior to the issuance of the first Certificate of
Occupancy for Parcel 5B, design, build, and construct the “5A Road” as a two (2) lane
divided roadway with landscaped median within a %-foot right-of-way. The east 15 feet
and the west 15 feet of the SO-foot right of way may be utilized for landscape buffer
calculations and setback requirements.
Again, the applicant is requesting to revise this condition due the projected construction
traffic on this road due to the limited access to Parcel 5A. Similar to the 5B road, the 5A
road will be used for hauling construction materials required to build Kyoto Gardens
Drive and the associated bridge. The size and weight of the required construction
vehicles would significantly damage the new road with landscaped median.
Additionally, permitting for the 5A Road has been delayed due to new information
received on February 22, 2006fiom SUA regarding their request to place transmission
lines within the Parcel 5A roads (see attached letter). The applicant agreed to revise
their plans to accommodate SUA, however, this information required significant changes
to the plans, slowing the approval process and construction timefiames.
Therefore, the applicant is hereby requesting to revise Condition 15 (b) to allow
construction of the 5A road to be completedprior to the first Certificate of Occupancy
for Parcel 5A or by the completion of Kyoto Gardens Drive, whichever comes first.
Condition 16 - Within six (6) months of the issuance of the first clearing permit, the
landscaping shall be installed within: (1) the medians and adjacent road shoulders within
the portions of PGA Boulevard and RCA Boulevard adjacent to the property, unless
landscaping is installed in said areas by the FDOT as part of the PGA Flyover project;
and (2) the landscape buffers along PGA Boulevard? RCA Boulevard,& The
landscaping - within the buffer along Alternate A1 A shall be installed concurrently with
the development of the portion of the site east of RCA Center Drive. The Growth
Management Administrator shall be authorized to grant up to two (2), three (3) month
extensions to this requirement upon demonstration by the Applicant of a good-faith effort
to satisfy the same in a timely manner. (City Forester)
The applicant has been working with both the City of Palm Beach Gardens and the Treasure
Coast Regional Planning Council to redesign the site consistent with the principles of TOD.
This redesign has altered the requirements for the landscape buffers and the installation of
the buffers at this time would be premature as the revised plans have yet to be approved.
Additionally, the redesign promoted by both the City and TCRPC required the
reconfiguration of Lake #I and therefore, the applicant has been unable to install master
irrigation system for the project due to the required changes.
The reality is that the installation of the landscaping 6 months after the issuance of the
clearing permit does not coincide with typical construction sequencing. This condition was
specifically problematic for this project as the applicant is utilizing tilt-up construction
methods combined with an urban development plan which located buildings very close to the
street. Any landscaping installed between the ROW and building would be destroyed during
construction.
Therefore, the applicant is hereby requesting to revise Condition 16 to require each
portion of the buffer along RCA Drive to be completed with the first Certijkate of
Occupancy for the adjacent pod. The buffer along PGA Boulevard will be completed
prior to the first Certijicate of Occupancy for the North pod. See attachedplan.
Please be aware that the applicant satisfied Part I of Condition 16 on March 15, as the
required landscaping within the ROW was installed along RCA Drive.
Condition 35 - Prior to the issuance of the first certificate of occupancy, the property
shall be replatted. Said replat shall dedicate the thoroughfares within the property to the
City. (Planning & Zoning)
The City requires that all existing and proposed easements be shown on platsheplats.
However, due to the scheduling of the project, the applicant will be requiring the first
certiJcate of occupancy prior to finalizing the easement locations on the northern half of
the project. Therefore, in order to provide an accurate plat, the applicant is hereby
requesting to revise Condition 35 so that the replat is requiredprior to the last certijkate
of occupancy for buildings west of RCA Center Drive. It should be noted that there is
boundary plat for the property and the RO Ws were deeded to the City as part of Parcel
5B’s administrative time extension.
Thank you for your consideration. If you have any questions or require additional information,
please do not hesitate to contact me at 624-9697, extension 5 1 1.
Respectfully Submitted,
Jeffery P. Marshall
Vice President
Land Development
-! I -- .a ~ _- J
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-..-
1 To
MICHAEL SANCHEZ, SENIOR PLANNER
CITY OF PALM BEACH GARDENS
FROM
KIM DELANEY, GROWTH MANAGEMENT COORDINATOR,
TCRPC
DANA LITTLE, URBAN DESIGNER, TCPRC I DATE I APRIL 1,2005 I REVIEW OF RCA CENTER CONCEPTUAL BUILD-OUT PLAN IRE
At the request of the City of Palm Beach Gardens and the Palm Beach County
Metropolitan Planning Organization, the Treasure Coast Regional Planning Council
(TCRPC) has begun working with the City and Catalfumo Development, Inc. regarding
future Tri-Rail station opportunities in the pending RCA Center development. Towards
that end, TCRPC staff has met several times with Catalfumo Development Co.
representatives regarding the site plan to discuss revisions to the site plan to
accommodate the elements of transit-oriented development (TOD). Council staff initially
provided a series of alternate design sketches illustrating how TOD principles could be
applied to the site design while maintaining the desired development program. Since that
time, Catalfumo has been working with their planners to incorporate many elements of
the TCRPC recommendations.
As part of the review of the Conceptual Plan, it is important to generally define the
concept of Transit Oriented Development, or TOD, as a pedestrian-friendly, mixed-use
form development designed to complement a transit station or transit corridor. TOD’s
typically encompass a quarter- to half-mile ring around transit (10 to 15-minute walking
distance), providing an appropriate venue for regional destinations, multi-modal transit
hubs, and both attainable (workforce especially) as well as market-rate housing. TODs
are characterized by easy mobility for pedestrians and bicyclists and are often
complemented by collector transit systems, such as trolleys, buses, or para-transit.
Parking within TODs is typically reduced and managed within the TOD district to further
encourage transit ridership.
In general, Catalfumo has done a commendable job thus far in beginning to reorient the
uses and urban design of the RCA Center site to complement a fhture Tri-Rail station, but
there is still more work to do for the site to truly function as a TOD. The introduction of
multi-family housing (in the form of townhouses, flex space, and multi-story buildings)
brings much needed residential to the TOD District. The inclusion of smaller retail
spaces are another improvement to allow the “neighborhood retail” uses for transit users
as well as residents and employees of the district. However, more work is necessary to
continue to improve the urban form of the plan, suph that pedestrians will actually utilize
the sidewalks, and the internal roadways will function as roads rather than parking lot
driveways. TCRCP staff offers the following detail points regarding the latest
Conceptual Build-out Plan (dated March 3 1,2005).
1. The original site plan proposed retail/commercial uses on the eastern side of the
intersection of RCA Center Drive and the new east-west connector road. The
development of these uses at this location would diminish the impact and
effectiveness of a Tri-Rail station in this district. Instead of concentrating retail
uses at the station, a TOD design improvement would be to shift the majority of
the larger retail uses away from the station itself, replacing them with residential.
Catalfumo concurs with this suggestion, and in the Conceptual Plan, the applicant
relocates these larger retail uses those uses to Building No. 10 (southern edge of
property west of RCA center Drive). This shift in use has enabled the applicant
to reconfigure the plan and accommodate a train station, residential uses, an
internal bus loop and drop-off, and parking for all of these uses in structured and
surface lots. The new train station is proposed to terminate the axis of the new
east-west connector road and is framed by the new residential buildings, all of
which gives the station a greater sense of hierarchy and civic importance.
TCRPC staff fully supports the relocation of retail/commercial uses to Building
No. 10 and applauds the applicant’s attention to urban design issues in the
planning of the station.
2. The applicant has nicely redesigned the northern portion of the site to
accommodate a new parking structure fronted by multi-story flex space (that
could include retail, office, and residential uses) across from sixteen new
townhouses, forming a complete urban corner. Both these uses and their
arrangement of uses are a very positive addition to the site plan.
3. The current plan illustrates seven new and existing streets: (1) RCA Center
Drive; (2) RCA Drive; (3) the new east-west connector road; (4) the new north-
south street connecting Building No. 10 and garage G-1; (5) a new street
connecting garage G-1 and RCA Center Drive; (6) a new street connecting
Building No. 10 and RCA Center Drive; and (7) the new bus loop and drop-off at
the train station. Each of these must be detailed as urban streets with the
following components:
a. Continuous and connected system of sidewalks, with a minimum width of
eight feet, lined with shade trees and planted in tree grates (at 20’-40’
b. Buildings must be placed at the edge of the sidewalk with pedestrian
entries and fenestration along the street edge.
c. Sidewalks should not be separated from buildings by landscape berms and
vast planting areas.
d. Travel lanes should be 1 1 ’-0’’.
e. All streets should have parallel on-street parking (especially RCA Center
Drive and the new east-west connector road).
O.C.).
4.
5.
6.
7.
8.
9.
The provision of the small urban park centrally located on the north side of the
new east-west connector road is an excellent addition to the plan. There should
be a regular planting of shade trees along the entire perimeter of the park at 20’-
40’ O.C.
An additional public plaza should be provided between Building No. 1 and
Building No. 5 with access to both buildings from the plaza.
The site plan indicates two new proposed residential buildings, TR-1 and TR-2,
which will add much-needed residential uses near the station. These two
buildings include ground-floor retail uses, another important component at the
station. For these buildings to function properly as a component of the TOD,
both must have entries and fenestration towards RCA Center Drive and the
proposed plaza in front of the proposed train station.
All buildings must have entrances and fenestration along the street edge.
The latest plan illustrates a few parallel on-street parking spaces along RCA
Center Drive. More spaces should be added along this important road as well as
the east-west connector road and the streets in front of the townhouses and flex
units.
The new east-west connector street should have a higher percentage of building
frontages on the south side. The entire southern edge is exposed to surface
parking lots, which ruins the pedestrian experience and greatly diminishes the
impact of the urban park proposed on the north side of the street. Buildings No.
11, and No. 9 should be extended along the street frontage to help define the new
east-west connector road and conceal the parking from the pedestrian.
Additionally, a new structure(s) should be included to define the new north-south
street connecting the townhouses with Building No. 10. All of the good urban
design elements and spatial definition created by the flex units, the townhouse
street, and then the urban park are lost once one gets to the new east-west
connector road and confronts the surface parking lots.
10. All new buildings should be a minimum of two-stories in height. As many
residential units as possible should be provided in the district and could easily
occupy the second and third stories of proposed buildings. Residential uses are a
critical component to TOD and the creation of a safe and healthy urban
environment.
11. The proposed pedestrian plaza and crosswalk, which crosses the new bus loop,
should be extended to the north and the south to connect directly to the sidewalks
illustrated in front of buildings TR- 1 and TR-2.
12. The proposed bus loop and drop-off should have continuous shade trees, planted
on both sides of the loop road at 20’-40’ o.c., and should extend from the
proposed garage G-3 north to RCA Center Drive.
13. The sidewalks in front of Buildings No. 9, No. 4, and G-1 should be straightened
and simplified. There should not be duplicate sidewalks in front of the buildings.
Rather than separating the buildings from the sidewalk with planting strips, the
sidewalk widths should be increased to meet the buildings and rows of shade
trees in tree grates should be provided.
In summary, TCRPC staff has been very encouraged by the progress made with the RCA
Center site plan and appreciates the opportunity to work with the applicant.
Incorporating these recommendations will further enhance the quality and livability of
this important project. Developing a high quality, urban mixed-use district at this
location, with its connection to regional transit, will serve as a model for TOD in Palm
Beach Gardens and the entire Tri-Rail Corridor. TCPRC would offer to continue
working with the City and developer to address the comments noted above. Given the
site plan’s improvements thus far, it would be anticipated that a revised Conceptual Plan
that more fully incorporates the design necessary for a functional TOD could be
completed within two months (June 1,2005).
02/23/2006 11:20 FAX
Seacoast Ut-itiry Aut-hority
@ 001/001
d p
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Date Prepared: November 9,2004
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RESOLUTION 216,2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE MASTER
PROPERTY, KNOWN AS THE “RCA CENTER PUD” (A.K.A.
“PARCEL 5B”), LOCATED AT THE SOUTHWEST CORNER OF
ALTERNATE AIA AND PGA BOULEVARD, AS MORE
PARTICULARLY DESCRIBED HEREIN, TO ALLOW THE
DEVELOPMENT OF 150,000 SQUARE FEET OF RETAIL USE,
100,000 SQUARE FEET OF OFFICE USE, AND 50,000 SQUARE
FEET OF INDUSTRIAL USE; PROVIDING FOR WAIVERS;
PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING
AN EFFECTIVE DATE.
DEVELOPMENT PLAN FOR THE APPROXIMATELY 30-ACRE
WHEREAS, the City Council, as the governing body of the City of Palm Beach
Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida
Statutes, and the City’s Land Development Regulations, is authorized and empowered
to consider petitions related to zoning and land development orders; and
WHEREAS, the City has received an application (PUD-04-04) from Mr. William
D. Waters of REG Architects, Inc., on behalf of RCA Center II, LLC, for master
development approval to allow the development of 150,000 square feet of retail use,
100,000 square feet of office use, and 50,000 square feet of industrial use on an
approximately 30-acre parcel of land, known as the “RCA Center PUD” (a.k.a. “Parcel
5B7, generally located on the southwest corner of Alternate AIA and PGA Boulevard,
as more particularly described herein; and
WHEREAS, the subject site has been rezoned to a Mixed Use Planned Unit
Development (MXD PUD) with an underlying zoning of Mixed Use (MXD); and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient and is consistent with the City’s Comprehensive Plan
and Land Development Regulations, and has recommended its approval; and
WHEREAS, the Planning, Zoning and Appeals Board reviewed said petition at its
November 23,2004, meeting and recommended its approval; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Petitioner and other interested parties and the recommendations of
the various City of Palm Beach Gardens review agencies and staff; and
Date Prepared: November 9,2004
Resolution 216,2004
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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 Master Development Plan application of Mr. William D. Waters
of REG Architects, Inc., on behalf of RCA Center II, LLC, is hereby APPROVED on the
following real described property, to permit the development of 150,000 square feet of
retail use, 100,000 square feet of office use, and 50,000 square feet of industrial use on
an approximately 30-acre parcel of land, known as “Parcel 5B,” generally located on the
southwest comer of Alternate AIA and PGA Boulevard, subject to the conditions of
approval contained herein, which are in addition to the general requirements otherwise
provided by ordinance:
LEGAL DESC RI PTI ON:
ALL OF THE PLAT OF THE MACARTHUR PARCEL 5B, RECORDED IN PLAT BOOK
96, PAGE 79, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
CONTAINING IN ALL 1,308,146 SQUARE FEET OR 30.03 ACRES, MORE OR LESS.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following eight (8) waivers:
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4.
Section 78-563, Lake maintenance tracts, to allow encumbrances with
certain Lake Maintenance Easements (LME) in specific areas identified on
the approved development plan.
Section 78-285, Permitted signs, to allow for certain retail tenants in
buildings containing multiple street frontages to have two (2) signs per
tenant, and buildings containing multiple street frontages to have two (2)
principal tenantlbuilding ID signs, subject to the conditions relating to the
same contained herein.
Section 78-285, Permitted signs, to allow for principal tenantlbuilding ID
signs to be located above the first story.
Section 78-508, Intersections, to allow for street intersections with a
centerline separation of less than 150 feet.
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Date Prepared: November 9,2004
Resolution 216,2004
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5. Section 78-306(d), Easement encroachment, to allow for 12 feet of a
required 20-foot landscape buffer along the easternmost property line to be
encumbered by a utility easement.
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6. Section 78-374(h), Location, to allow for 13 covered parking spaces to be
located within 100 feet of PGA Boulevard.
7. Section 78-287(e), General standards, to allow for tenants having federally
registered trademark signs to use their registered color scheme on signs
facing the parking areas.
8. Section 78-344(l)( 1 ), Minimum dimensions, to allow 9.5-foot-wide parking
spaces at certain locations at reflected on the approved site plan.
SECTION 4. Said approval is subject to the following conditions, which shall be
the responsibility of the applicant, its successors, or assigns:
Enaineering
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Prior to construction plan approval and the issuance of the first land
alteration permit, the applicant shall provide written authorization from utility
owners allowing landscaping within their existing and/or proposed utility
easements. (City Engineer)
Prior to the issuance of the first land alteration permit, the applicant shall
provide a Roadway Signage and Marking Plan for review and approval.
(City Engineer)
Prior to the issuance of the first land alteration permit, the applicant shall
provide a Photometric Plan, signed, and sealed by a professional engineer
licensed in the State of Florida, meeting the requirements of LDR Section
78-182. Said plan shall provide pedestrian scale lighting along all walkways
and thoroughfares, including PGA Boulevard. (City Engineer)
Prior to the issuance of the first land alteration permit, the applicant shall
provide a construction plan for review and approval. All plans and support
documentation, submitted by the applicant for review by the City Engineer,
shall be signed and sealed by a professional engineer licensed in the State
of Florida in accordance with Section 78-448 of the LDR. (City Engineer)
Prior to construction plan approval and the issuance of the first land
alteration permit, the applicant shall provide a paving, grading, and drainage
plan along with surface water management calculations and hydraulic pipe
calculations for City review and approval. The paving, grading, and
drainage plan and calculations shall be signed and sealed by a professional
engineer licensed in the State of Florida. (City Engineer)
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Date Prepared: November 9,2004
Resolution 216,2004
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6. Prior to construction plan approval and the issuance of the first land
alteration permit, the applicant shall provide a cost estimate for the project,
including public infrastructure and all landscaping and irrigation costs for
review and approval by the City in order to establish surety. The cost
estimate shall be signed and sealed by an engineer and landscape architect
registered in the State of Florida. Surety will be based on 110% of the total
combined approved cost estimates and shall be posted with the City prior to
the issuance of the first land alteration permit. (City Engineer)
7. The applicant shall provide all necessary construction zone signage and
fencing as required by the City Engineer. (City Engineer)
8. The applicant shall provide the City copies of all permit applications and
approvals. (City Engineer)
9. The applicant shall comply with all Federal Environmental Protection
Agency (EPA) and State of Florida Department of Environmental Protection
NPDES permit requirements, including, but not limited to, preparation of a
stormwater pollution prevention plan and identification of appropriate Best
Management Practices (BMP) for construction activities, submission of a
Notice of Intent to EPA or their designee, implementation of the approved
plan, inspection and maintenance of controls during construction, and
submission of a stormwater Notice of Termination. (City Engineer)
IO. The construction, operation, andlor maintenance of any elements of the
subject project shall have no negative impacts on the existing drainage of
surrounding areas. If, at any time during the project development, it is
determined by the City that any of the surrounding areas are experiencing
negative drainage impacts caused by the project, it shall be the applicant’s
. responsibility to cure said impacts in a period of time and a manner
acceptable to the City prior to additional construction activities. (City
Engineer )
11. The applicant shall comply with any and all Palm Beach County Traffic
Division conditions as outlined in the PBC Traffic Division concurrency
approval letter issued for this property. (City Engineer)
12. Prior to the issuance of the first land alteration permit, the applicant shall
schedule a pre-permit meeting with City staff. (City Engineer)
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Resolution 216,2004
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13. Kyoto Gardens Drive
a. The applicant shall deliver to the City surety in a form acceptable to the
City Attorney, which surety shall ensure the construction of the Kyoto
Gardens Drive Extension. The Kyoto Gardens Drive Extension shall
consist of a four (4) lane divided roadway with landscaped medians,
approximately 2,300 feet in length, connecting Military Trail to Alternate
AIA, including an at-grade crossing of the FEC trackbed. The applicant
shall be responsible for the costs of design and construction of this
roadway as a two (2) lane roadway, and the City shall be responsible for
reimbursing the applicant for the costs of design and construction of the
additional two (2) lanes, as set forth in the engineering estimate attached
as Exhibit “A to the Memorandum of Agreement. Said construction shall
commence no later than March 31, 2005, and completion of said
improvements as set forth in the Memorandum of Agreement. As
additional assurance, the applicant shall submit, no later than December
30, 2004, a Memorandum of Agreement in a format acceptable to the
City Attorney on behalf of the City, and the following entities: RCA
Center II of Florida LLC, PGA Gateway LTD., and Mall Properties, LTD
to further define the obligations relating to the roadway design and
construction.
b. The applicant shall continuously and diligently work with the City and the
required outside agencies in order to obtain the issuance of all
necessary permits in order to begin construction of Kyoto Gardens Drive
on or before March 31,2005.
c. The applicant shall, upon the request of the City, deliver assurances, in a
form acceptable to the City Attorney, from the owners of Parcel 5A that
the City will be permitted to expand the existing lake north of the Kyoto
Gardens Drive right-of-way for the purposes of providing drainage for the
Kyoto Gardens Drive roadway and to provide the fill for construction of
the roadway at no cost and without restriction.
d. The applicant shall, upon the request of the City, deliver assurances, in a
form acceptable to the City Attorney, from the owners of Parcel 5A that
they will sign and support all permit applications as required to design
and build Kyoto Gardens Drive.
e. All contracts for design and construction of the Kyoto Gardens Drive
extension shall be submitted to the City for review and approval by the
City Engineer and City Attorney. Said construction contracts shall
contain a provision that makes such contracts fully assignable to the
City.
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Date Prepared: November 9,2004
Resolution 216,2004
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14. 5BRoad
a. The applicant shall, prior to December 30, 2004, deliver a deed in a
format acceptable to the City Attorney conveying an 80-foot right-of-way
for that portion of RCA Center Drive that is shown on the Linkage Plan
between the present northern terminus of said road and the north
boundary of Parcel 5B. This parcel and all other portions of the
North/South Road owned by FDOT and NPBCID are hereinafter referred
to as the “58 Road.”
b. The applicant shall, prior to the issuance of the first Certificate of
Occupancy for Parcel 58, design, build, and construct the “5B Road” as
a two (2) lane divided roadway with landscaped median within a fm (50)
foot right-of-way. The east 15 feet and the west 15 feet of the 80-foot
right-of-way may be utilized for landscape buffer calculations and
setback requirements.
15. 5A Road
a. The applicant shall, prior to December 30, 2004, deliver a deed in a
format acceptable to the City Attorney conveying an 80-foot right-of-way
for that portion of RCA Center Drive that is shown on the Linkage Plan
connecting the 5B Road to Kyoto Gardens Drive, hereinafter referred to
the “5A Road.”
b. The applicant shall, prior to the issuance of the first Certificate of
Occupancy for Parcel 5B, design, build, and construct the “5A Road” as
a two (2) lane divided roadway with landscaped median within a 50-foot
right-of-way. The east 15 feet and the west 15 feet of the 80-foot right of
way may be utilized for landscape buffer calculations and setback
requirements.
c. The applicant shall deliver to the City surety, in a form acceptable to the
City Attorney, to ensure the construction of the 5A Road at the time the
surety described in Condition 6 is submitted to the City.
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Land sca D i nq
16. Within six (6) months of the issuance of the first clearing permit, the
landscaping shall be installed within: (1) the medians and adjacent road
shoulders within the portions of PGA Boulevard and RCA Boulevard
adjacent to the property, unless landscaping is installed in said areas by the
FDOT as part of the PGA Flyover project; and (2) the landscape buffers
along PGA Boulevard, RCA Boulevard, and Alternate AlA. The Growth
Management Administrator shall be authorized to grant up to two (2), three
(3) month extensions to this requirement upon demonstration by the
applicant of a good-faith effort to satisfy the same in a timely manner. (City
Forester)
17. Prior to the issuance of the first Certificate of Occupancy, the landscaping
shall be installed within the medians and road shoulders within both the
north/south and the east/west thoroughfares within the property. (City
Forester)
18. The applicant, its successors, or assigns shall be responsible for the
maintenance of the landscaping within: (1) the medians and adjacent road
shoulders within the portions of PGA Boulevard and RCA Boulevard
adjacent to the property; and (2) the medians and road shoulders within
both the north/south and the eastlwest thoroughfares within the property.
(City Forester)
19. In the event the City of Palm Beach Gardens, or another entity, forms a
special district pertaining to the landscape maintenance of contiguous
rights-of-way, then the RCA Center Property Owners Association, its
successors, or assigns shall automatically become a member of such
special district. This condition may be amended at any time by separate
agreement between the applicant and the City of Palm Beach Gardens.
(City Forester)
20. The installation of the covered parking structures, if approved by the City
Council, shall not conflict with landscaping, including long-term tree growth.
(City Forester)
Police
21. Lighting shall not conflict with landscaping, including long-term tree growth.
(Police)
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Resolution 216,2004
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All lighting for streets, parking lots, parking garages, and pedestrian
walkways shall be metal halide. Metal halide lighting shall be used for the
multi-use pathways and sidewalks within the site and shall be lit at a
minimum of 0.6-foot candles. (Police)
Non-glare building lighting shall be installed around the entire building
perimeter and on pedestrian walkways. (Police)
Entry signage shall be lighted. (Police)
Timer clock or photocell lighting shall be provided for nighttime use above or
near entryways and all exits, including emergency exits. (Police)
Numerical addresses shall: (1) be illuminated for nighttime visibility and be
unobstructed; (2) have bi-directional visibility from the roadway; and (3) be
placed at the front and rear of each business. (Police)
All structures shall use the following target hardening techniques:
a. Buildings shall be pre-wired for an alarm system.
b. Doors shall be equipped with metal plates over the threshold of the
locking mechanism.
c. Glass perimeter doors shall be equipped with case hardened guard
rings to protect the mortise lock cylinder.
d. Rear doors shall have 180-degree peephole viewers.
e. All perimeter doors shall be equipped with hinges that utilize non-
removable hinge pins. (Police)
Prior to the issuance of the first building permit for vertical construction, ,,,e
applicant shall work with the Police Department to develop a high-resolution
color digital closed-circuit security surveillance system with monitoring and
photo printout capabilities. The Police Chief shall have final approval on the
required number of cameras and locations thereof within the site. (Police)
Planning and Zoninq
29. Within 90 days of (the effective date of this Resolution), the applicant
shall submit revised development plans to include the items listed below.
Said development plans shall be approved administratively by staff as long
as: (1) all items listed below are included on the development plans to the
satisfaction of the Growth Management Administrator; and (2) any exterior
building modification(s) is architecturally consistent with the approved
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Resolution 216,2004
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buildings. Should any of the aforesaid not be adequately satisfied, the
revised development plans shall be reviewed and approved by the City
Council by way of an amendment to the PUD’s master plan of development.
No building or land clearing permits shall be issued until revised plans have
been approved.
a. The applicant shall revise the building elevations to include three (3)
color palette combinations for the buildings on site.
b. The applicant shall revise the easternmost landscape buffer adjacent to
the parking area so that a maximum of 12 feet of the buffer is
encumbered by utility easements.
c. The applicant shall revise the building elevations to clearly reflect all
exterior building colors and materials.
d. The applicant shall submit an amenities package that includes
illustrations and details of project-wide shared elements, including
common hardscape themes, street furniture, lighting fixtures, special
intersections, plazas, fountains, decorative trellises, and thoroughfare
enhancements. A “Key Plan” depicting the location of the amenities on
site shall also be included.
e. The applicant shall submit a lighting plan, signed and sealed by a
professional engineer registered in the State of Florida, that includes
pedestrian scale lighting along all pedestrian walkways and
thoroughfares, including PGA Boulevard.
f. The applicant shall provide additional landscaping within the vacant area
north of Building #2 to the satisfaction of the City Forester.
g. The applicant shall provide additional pedestrian linkages between the
buildings along RCA Boulevard and the sidewalk along said roadway.
At a minimum, sidewalks shall be included at every building entrance
along RCA Boulevard, as reflected on the building elevations.
h. The applicant shall provide at least 20 additional pedestrian benches
throughout the site and label them on the plan accordingly.
i. The applicant shall include a bus shelter easement on the site plan in a
location consistent with the Palm Tran letter dated May 18, 2004,
relating to the same, which is on file with the Growth Management
De pa rtmen t.
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Resolution 216,2004
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j. The applicant shall submit a revised signage program that adequately
reflects the signage requirements approved by the City Council for the
subject property through the adoption of this Resolution.
30. All rooftop mechanical equipment shall be screened from view. (Planning &
Zoning)
31. Within sixty (60) days of a written determination from Palm Tran that a bus
shelter will be utilized on the subject site, the applicant, its successors, or
assigns shall submit an application for an administrative approval to allow
for review and approval of the site plan, landscape plan, and building
elevations for the bus shelter. The bus shelter design shall be consistent
with the City Council’s previous approval of such shelters. The applicant, its
successors, or assigns shall be responsible for the construction of a bus
shelter in a timely manner to accommodate Palm Tran’s needs for the
same. (Planning & Zoning)
32. Each building shall be allowed two (2) building identification or principal
tenant signs, so long as (1) said signs are not located on the same building
elevation; and (2) the second of the two signs has a copy area of no more
than 75% of the first sign. (Planning & Zoning)
33. Retail ground floor users shall be allowed a maximum of two (2) signs per
tenant, only if (1) any two signs for the same tenant are not located on the
same building elevation; and (2) said signage is affixed directly to the
elevation of the tenant bay it identifies. (Planning & Zoning)
34. Tenants having federally registered trademark signs and logos shall be
allowed to use their registered color scheme on signs facing the parking
areas. Signs and logos facing the adjacent and internal rights-of-way shall
be consistent with the color approved in the master sign program.
(Planning & Zoning)
35. Prior to the issuance of the first certificate of occupancy, the property shall
be replatted. Said replat shall dedicate the thoroughfares within the
property to the City. (Planning & Zoning)
36. Wall signs shall not exceed 70% of the immediate vertical and horizontal
surface area to which they are attached. (Planning & Zoning)
37. Medical or Dental Office use is not allowed unless the applicant submits a
traffic equivalency analysis for review and approval by the City Engineer.
The applicant shall also be required to demonstrate compliance with parking
requirements of the City Code. (Planning & Zoning)
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Date Prepared: November 9,2004
Resolution 216, 2004
38. Prior to the issuance of each occupational license or building permit for
interior renovations of tenant spaces, the applicant or its agent shall submit
a breakdown by use (retail, office, and industrial) of the gross square
footage for lease for approval by the Planning and Zoning Division to ensure
compliance with the City’s Nonresidential Mixed Use Planned Unit
Development intensity measures. (Planning & Zoning)
39. Outdoor storage within the site is prohibited. (Planning & Zoning)
40. Uses on site shall be limited to those uses allowed within the PGA
Boulevard Corridor Overlay, as may be amended from time to time.
(Planning & Zoning)
41. No striped awnings shall be permitted on site. (Planning & Zoning)
42. Prior to issuance of the first building permit, the applicant shall comply with
Section 78-262 of the City Code relative to Art in Public Places. The
applicant shall provide art on site or make a payment in lieu thereof. The
Art in Public Places Advisory Board shall review and make a
recommendation to the City Council on any proposed art on site. If the
applicant is providing public art on site, the art shall be installed prior to the
issuance of the first Certificate of Occupancy, with the exception of the art
located east of the North/South Road, which shall be installed prior to the
issuance of the first Certificate of Occupancy for any buildings located east
of the North/South Road. (Planning & Zoning)
43 Within 90 days of the effective date of this Resolution, the applicant shall
work in conjunction with the Treasure Coast Regional Planning Council
(TCRPC), the South Florida Regional Transportation Authority (SFRTA),
and the City to make any and all necessary modifications to the
development plans for the portion of land lying east of the North/South Road
to accommodate the potential of a Tri-Rail transit station. Said modifications
shall be approved administratively by staff so long as any exterior elevation
changes are architecturally consistent with the approved buildings. Should
the final results of the Jupiter Corridor Alternatives Analysis determine that a
Tri-Rail station will be constructed on the subject property, the applicant, its
successors, or assigns shall work cooperatively with the SFTRA and the
City to facilitate the construction of said station and all ancillary
uses/structures in a timely manner. Said modifications shall be approved by
the City prior to the issuance of the first Certificate of Occupancy. (Planning
8t Zoning)
44. The applicant shall, within 30 days of the effective date of this Resolution,
submit an easement, in a form acceptable to the City Attorney, with the
property owner for the Gardens Station property to the south. The
easement agreement shall provide for the right of use, construction, and
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Resolution 216,2004
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maintenance of the shared vehicular access from RCA Boulevard, as well
as of the vehicular connections between the two (2) parcels, and shall
include provisions for cost recovery. The costs for constructing and
maintaining the access from RCA shall be equally shared by Gardens
Station and the subject property. Said easement shall be recorded in the
Public Records of Palm Beach County within 90 days of the effective date of
this Resolution. (Planning & Zoning, City Attorney)
Miscellaneous
45. Required digital files of the approved replat shall be submitted to the
Planning and Zoning Division prior to the issuance of the first certificate of
occupancy, and approved civil design and architectural drawings shall be
submitted prior to the issuance of the first Certificate of Occupancy. (GIs
Manager, Development Compliance Officer)
46. Prior to the issuance of the first Certificate of Occupancy, the master
property owners association documents and restrictions, which shall include
disclosure language regarding the potential transit station and the widening
of the RCA Center Drive to four (4) lanes, shall be furnished by the applicant
to the City Attorney for review and approval prior to such documents being
recorded in the Public Records of Palm Beach County. (City Attorney)
SECTION 5. Said Planned Unit Development shall be constructed in compliance
with the following plans on file with the City’s Growth Management Department:
1. Sheets 1 through 12 of 12: Site Plan and Landscape Plan, prepared by
Cotleur Hearing, last revised on December 9, 2004, and received and
stamped by the City on December 10,2004.
RCA Center Architectural Package, prepared by REG Architects, Inc., last
revised on July 1, 2004, and received and stamped by the City on
November 9,2004.
RCA Center Signage Package, prepared by REG Architects, Inc., last
revised on November 9, 2004, and received and stamped by the City on
November 10,2004.
2.
3.
SECTION 6. Said approval shall be consistent with all representations made by
the applicant or applicant’s agents at any workshop or public hearing.
SECTION 7. This Resolution shall become effective immediately upon receipt by
the City of all of the following items: the surety described in Condition 13(a) and the
deeds described in Conditions 14(a) and 15(a).
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'\
Date Prepared: November 9,2004
Resolution 216,2004
,2004. PASSED AND ADOPTED this /67H day of a gyr
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
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14 Patricia Sr@Wr, City erk
BY:
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18 LEGAL SUFFICIENCY
APPROVED AS TO FORM AND
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BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR JABLIN
VICE MAYOR RUSSO
COUNCILMEMBER DELGADO
COUNCILMEMBER LEVY
COUNCILMEMBER VALECHE
AYE NAY ABSENT --
J ---
J ---
\\Pbgsfile\Attorney\attomey-share\RESOLUTlONS\Reso 21 6 2004 final clean.doc
13
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM is executed this 33 day of December, 2004 by and
between PGA NORTH II OF FLORIDA LLC, a Florida limited liability company, RCA
CENTER II OF FLORIDA LLC, a Florida limited liability company, PGA GATEWAY,
LTD., a Florida limited partnership, and MALL PROPERTIES, LTD. a Florida limited
partnership (sometimes collectively referred to herein as “Catalfumo Entities”) and the
CITY OF PALM BEACH GARDENS, a political subdivision of the State of Florida
(IC ity”) .
Background
The Catalfumo Entities and the City entered into a certain Agreement for Assured
Construction of Linkage Roads dated October 3, 2002 (the “Assured
Construction Agreement”). The City previously sued the Catalfumo Entities for
specific performance of the Assured Construction Agreement, which lawsuit will
be stayed pending completion of the Kyoto Drive Improvements described below.
RCA Center II of Florida LLC has obtained from the City, Site Plan Approval
pursuant to Resolution 216, 2004 (the “PUD Approval”) for a certain planned unit
development also known as Parcel 5B.
Pursuant to the City’s Land Development Regulations and the PUD Approval, the
Catalfumo Entities are required to construct a 2-lane road from Alternate AIA to
Military Trail known as Kyoto Gardens Drive Extension (“Kyoto Drive
Improvements”). The City has requested that Kyoto Drive Improvements be
constructed as a 4-lane road to provide for future road capacity and the City has
agreed to fund the difference in cost between a 2-lane road and a 4-lane road
concurrently with the construction of the Kyoto Drive Improvements as set forth
on Exhibit “A attached hereto
4. Catalfumo Entities and City agree that it is critical that construction of the Kyoto
Drive Improvements commence on or before March 31,2005
The understanding of the parties is as follows:
1. Catalfumo Entities will contract separately for the construction of the bridge
portion of the Kyoto Drive Improvements and the road portion of the Kyoto Drive
Improvements located within the City’s Road Right-of-way in order to expedite the
commencement of construction, it being understood that the bridge portion of the
construction will be able to commence most expeditiously in this fashion. Catalfumo
Entities shall commence construction of the bridge portion of the Kyoto Drive
Improvements on or before March 31, 2005 and shall use its best efforts to complete
the Kyoto Drive Improvements prior to December 31 , 2005 and in any event as soon as
practicable thereafter. In order to assist Catalfumo Entities in completing the Kyoto
Drive Improvements and the other linkage roads through Parcels 5A and 58, City shall
use its best efforts to review and permitt road plans submitted by Catalfumo Entities in
connection with said road work and as soon as practicable issue work permits as
necessary to allow Catalfumo Entities to meet the required time schedules.
2. Catalfumo Entities shall be responsible for the cost of constructing a 2-lane
divided (similar to the 5B Roadway approved by Resolution 216, 2004 PUD Approval)
road only with the City obligated to pay the increased costs caused by the City’s
requirement that the Kyoto Drive Improvements provide 4 lanes when first constructed.
City shall also be obligated to pay for the cost of the FEC railroad crossing and related
improvements. The City agrees to reimburse the Catalfumo Entities its share of the
monthly contractor invoice in accordance with the Estimates attached hereto as Exhibit
“A” (as contemplated by Paragraph 13a of Resolution 216) exclusive of the City’s
payments to the FEC.
I
3. Catalfumo Entities shall provide a Bond satisfactory to the City Manager in the
estimated amount required to construct its 2-lane share of the Kyoto Drive
Improvements in a format acceptable to the City Attorney and as required in PUD
Approval. Catalfumo Entities hereby agrees that should the City call the bond and
assume the responsibility for construction of the roadway; the City may use a two
square acre area of land immediately north of the north Kyoto Gardens Drive Right-of-
Way line (in the vicinity of the bridge) for the purposes of draining the road. Further, this
agreement maybe used to demonstrate to permitting agencies that water quality
requirements maybe met within that two acre area and that the City has the legal rights
to excavate and use that acreage for drainage purposes.
4. Catalfumo Entities and its contractors shall comply with all aspects of the
construction requirements as set forth in the Stipulated Final Order and other related
documents for Kyoto Gardens Drive on both the east and west sides of the FEC
trackbed. All correspondence with FEC will be copied to the City Attorney and all phone
calls to FEC will be logged and a call log will be forwarded to the City with each request
for reimbursement of construction costs.
5. Catalfumo Entities shall be entitled to impact fee reimbursements and credits
which shall be pooled and credited in accordance with the Assured Construction
Agreement for both the bridge and road improvements provided the projects are
completed within the times established in this agreement.
6. City shall be entitled to a right of approval of the contractors selected for
construction of the Kyoto Drive Improvements. If possible, the contractors selected
shall be ones that have current, ongoing, public construction projects that the City can
“piggy-back” onto in order to satisfy the waiver requirements for the public bidding of the
City’s portion of the Kyoto Drive Improvements. It is acknowledged that, in any event, it
is not practicable to obtain separate contractors to bid on the expansion of the Kyoto
Drive Improvements from 2-lane road improvements required to be constructed by the
Catalfumo Entities to the 4 lanes requested by the City. I
IN WITNESS WHEREOF, the parties executed this Memorandum of
Understanding as of the date set forth above
Witness
WKSS
PGA NORTH II OF FLORIDA LLC,
By: Diver Management, Inc.,
Its general partner
-7 -
By;/'' :/</&- &e//
Daniel S. Cat mol President
RCA CENTER II OF FLORIDA LLC
By: PGA Gateway Ltd., sole member
By: Diver,M?$agemmG.P.
I w' /e?-Y#&,! f +-
Catalfumo, President
PGA GATEWAY, LTD,
By: Diver ~Myernentz
/
Daniel
3.-
qtalfumo, President
MALL PROPERTIES, LTD.
CITY OF PALM BEACH GARDENS
Countersigned by: Xm dd Tsvri's
Address: ioSoi3 IW;~<~~~ Trai [
'QAw Gbdens Fl. 33YIO UMACARTHUlParcel SB/MemorandumofUndefstandingFinall
By:
12/28/2004
- Estimate -
Kyoto Gardens Drive Construction Costs Summary
Ilml
2-Lane Road Construction Cost
2-Lane Bridge Construction Cost
Landscaping & Irrigation
CQSI
$ 1,094,875
$ 2,490,000
$ 360,475
Total 2-Lane Option Cost: $ 3,945,350
4-Lane Road Construction Cost
4-Lane Bridge Construction Cost
Landscaping & Irrigation
$ 1,237,826
$ 3,240,000
$ 360,475
Total &Lane Option Cost: $ 4,838,301
Upgrade of Road to Four Lanes Construction Cost
Upgrade of Bridge to Four Lanes Construction Cost
Sub-Total Construction Cost of Upgrade to 4 Lanes:
Upgrade to 4 Lanes Engineering/Survey/Geotech Costs
Upgrade to 4 Lanes Clearing Cost
Upgrade to Four Lanes Military Trail Signalization Cost
Sub-Total Design, Clearing & Signal Upgrade Cost:
Sub-Total Design & Construction Upgrade Cost:
15% Contigency:
15y0 Administration:
Bond Cost (2%):
142,951
750,000
892,951
21,982 1/2 of item costs
16,425 1/2 of item cost
225,000 1/2 of item cost
263,407
1,156,358
173,454
173,454
30,065
Total Cost of Upgrade to 4 Lanes: $ 1,533,331
Notes: 1. The above figures do not include the cost of design and construction
of the FEC railroad crossing and related improvements which are to be
paid 100% by the City of Palm Beach Gardens.
2.mm=-qm-a---
WF
3. Estimated costs are based on 2004 materials and labor costs.
EXH I B IT "A"
PAYMENT AND PERFORMANCE BOND
FOR INFRASTRUCTURE COMPLETION
Know all men by these presents:
That we, PGA NORTH II OF FLORIDA LLC, a Florida limited liability company, RCA
CENTER II OF FLORIDA LLC, a Florida limited liability company, PGA GATEWAY
LTD., a Florida limited partnership, and MALL PROPERTIES, LTD., a Florida limited
partnership (hereinafter called “PRI NC 1 PAL”), and Liberty Mutual Insurance ’Company,
authorized to do business in the State of Florida, (hereinafter referred to as “SURETY)
are held and firmly bound unto the City of Palm Beach Gardens (hereinafter called the
ttCllY”), a political subdivision of the State of Florida, in the full and just sum of
Dollars ($ 4,734,42O.00
Four Million Seven Hundred Thirty Four Thousand, Four Hundred Twenty and 00/100---
) lawful money of the United
States of America, to be paid to the CITY to which payment will and truly be made, we
bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally, flrmly by these presents:
WHEREAS, the above bound PRINCIPAL has executed an agreement for
Assured Construction of Linkage Roads with the City dated October 3, 2002 (“Assured
Construction Agreement‘) and RCA CENTER II OF FLORIDA LLC, has obtained from
the CITY, Site Plan approval pursuant to Resolution 216 , 2004 (hereinafter called the
. .I
"PUD Approval") for a certain planned unit development known as Parcel 56 and has
agreed as a condition of the Assured Construction Agreement at the PUD Approval to
complete the Required Improvements (as hereinafter defined).
Required Improvements consist of constructing a two-lane portion of a four-lane road
known as the Kyoto Gardens Drive Extension (Resolution 216, Section 4 Engineering
WHEREAS, the
Item 14a.).
WHEREAS, this Payment and Performance Bond for Infrastructure Completion .
Four Million Seven Hundred Thirty Four Thousand, Four Hundred Twenty and 00/100--
(hereinafter called the "Bond") is in the full and just sum of
Dollars ($ 4,734,420.00 lawful money of the United States of America, said sum
being the estimated cost to complete the responsibillty of PRINCIPAL for its share of
the construction of the Required Improvements.
NOW, THEREFOREl the SURETY agrees as follows:
1.
2,
The foregoing recitals are incorporated herein by reference.
The condition of this obligation of SURETY is such that if the PRINCIPAL
shall, in all respects, fully comply with, carry out, construct, erect and build
its share of the Required Improvements in substantial conformity with the
plans, specifications and schedules covering said work and such
approved additions, amendments or alterations as may be made in the
plans, specifications and schedules for said work (it being understood that
the SURETY shall remain bound under this Bond although not informed of
any such additions, amendments or alternations), and shall commence
and complete all of said work in accordance with the Contract for
construction of the work and, provided it receives prompt payment from
the City for the City's share of the cost of the work, or is otherwise
compensated by the City as the parties may subsequently mutually agree
In writing may promptly make payment to all persons supplying the
PRINCIPAL, its contractors or subcontractors with any labor, services,
material and/or supplies used directly or indirectly by them or some or any
of them in the prosecution of said work, then this obligation has be void,
otherwise remaining in full force and effect.
SUREM, for consideration received, hereby stipulates and agrees that no 3,
changes, extensions of time, alterations or additions to the work or the
plans, specifications and schedules covering the same, or in the term or
mode of payment forthe same, shall in anywise affect liability or.payrnent
under this Bond, and it does hereby waive notice of any and all such
changes, extensions of time, alterations and additions to the work or to
the plans, specifications and schedules covering said work.
The principal amount of this Bond will be reduced, from time to time, on11 4.
c
as and when (a) the PRINCIPAL provides the CIlY with evidence of
partial completion and payment costs and eitpenses of the Project
reasonably satisfactory to the CITY, such as by way of example, release
of lien and certification of payment, and (b) the PRINCIPAL provides the
CITY an engineering estimate of costs to complete the Required
Improvements, or (c) CITY draws down payments from SURETY under
this Bond in accordance with the provisions of paragraph 5c below. The
PRINCIPAL shall provide the CITY with a list of all contractors,
subcontractors and material contractors, subcontractors and material
suppliers, together with a certificate of the general contractor certifying
such list is complete. The CITY shall not have the obligation to reduce the
princlpal amount of this SURETY, if it has reasonably concluded the costs
of completion will exceed the original cost estimate or evidence of
payment and partial completion is not satisfactory to the CITY. To obtain
a reduction in the principal sum of the Bond, the PRINCIPAL shall obtain
from the CITY authorization for a reduction, which shall be forwarded to
the SURETY. Any reduction in Bond value shall be considered effected
and binding against CITY.
Whenever the PRINCIPAL shall have failed or refused to commence or 5.
complete the said work by the dates set forth in the Contracts for the
work, the CITY may declare the PRINCIPAL'to be in default and the
SURETY may remedy the default within thirty days, or shall within thirty
days:
a. Complete or begin completion of the said work in accordance with
the specifications and schedules covering said work and such
approved additions, amendments or alterations as may be made in
the plans, speclflcatlons and schedules covering said work,
completing the work in a prompt manner, or
Obtain a bid or bids for submission to the CITY for completion of b.
said work in accordance with the plans, specifications and
schedules covering said work, and such approved additions,
amendments or alterations as may be made in the plans,
specifications and schedules for said work, and upon determination
by the CITY and the SURETY of the lowest responsible bidder,
arrange for a contract between such bidder and the SUREm, and
pay to such bidder as work progresses (event should there be a
default or a successlon of defaults under the contract or contracts
of completion arranged under this paragraph) the funds required to
pay the costs of completion of said repair or maintenance work as
herein described,
Alternatively, the parties liereto understand that upon default by
PRINCIPAL, CITY may elect to assume the contracts for the
construction of the work, in which event CITY shall be entitled to
draw from SURETY the amounts due on a monthly basis in order
for CITY to cover PRINCIPAL‘S share of the cost of the work
regardless of the fact that the cost of the Required Improvements
may exceed the amount of this Bond. If City elects to assume the
contracts for construction of the Required Improvements, this Bond
shall be modified as necessary to comply with the provisions of
F.S. 255.05.
c.
6. The CITY shall be entitled to their reasonable attorney’s fees and costs in
any action at law or equity, including appellate court actions, to enforce
the CITY’S rights under this Bond.
IN WITNESS WHEREOF, the PRINCIPAL and SURETY have executed these
presents this 28th day of December, 2004.
Witness
Witness
PGA NORTH II OF FLORIDA LLC,
By: Diver Management, Inc., y2fyY?+
Daniel . Catalfumo, President
RCA CE-OF FLORIDA LLC
PGA GATEWAY, LTD,
Daniel
MALL PROPERTIES, LTD. n
SURETY:
Liberty Mutual Insurance Company
Countersigned by; Brett Rosenhaus
Address: 4000 South 57th Ave. Ste. 201
Lake Worth, FL 33463
Brett Rosenhaus, Attornny in Factifi Res4deht
Agent
L\FORMS\PaymentAndPerfomanceREDLlNE.wpd
Liberty Mutual Surety Bond Number ’l@d o#(/ a 3
NOTICE FROM SURETY REQUIRED BY
TERRORISM RISK INSURANCE ACT OF 2002
In accordance with the Terrorism Risk Insurance Act of 2002 (referred to
hereinafter as the “Act”), this disclosure notice is provided for surety bonds on
which one or more of the following companies is the issuing surety: Liberty
Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM
Insurance Corporation; The First Liberty insurance Corporation; Liberty
Insurance Corporation; Employers Insurance Company of Wausau (formerly
“EMPLOYERS INSURANCE OF WAUSAU A Mutual Company”); Peerless
Insurance Company; and any other company that is a part of or added to the
Liberty Mutual Group for which surety business is underwritten by Liberty Mutual
Surety (referred to collectively hereinafter as the “Issuing Sureties”).
NOTICE FORMS PART OF BOND
This notice forms part of surety bonds issued by any one or more of the Issuing
Sureties.
DISCLOSURE OF PREMIUM
The premium attributable to any bond coverage for “acts of terrorism” as defined
in Section 102(1) of the Act is Zero Dollars ($0.00).
DISCLOSURE OF FEDERAL PARTICIPATION
IN PAYMENT OF TERRORISM LOSSES
The United States will reimburse the Issuing Sureties for ninety percent (goo/,) of
any covered losses from terrorist acts certified under the Act exceeding the
applicable surety deductible.
LMIC-6 5 3 9 11/15/04
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 1486470
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to
the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the 'Company'), a Massachusetts stock insurance
company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint
RICHARD M. BUTIN, KAREN L. DEBARDAS, BRETT ROSENHAUS, MELINDA ROSENHAUS, ALL OF THE CITY OF
WEST PALM BEACH, STATE OF FLORIDA ..........................................................................................................................
, each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its
behalf as sure and as its act a~~~?f$,?a~$ta~*dl undertakings, bonds, recognizances and other suret obI@mcJs in the penal sum not exceeding FIIW MILLI~N AND oo~ioo ) each, and the
execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the
Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons.
That thls power is made and executed pursuant to and by authority of the following By-law and Authorization:
...............................................................................................................................................................................................
DOLLARS ($ 50,000, 00.
7
ARTICLE Xlll - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such
attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their
signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be
as binding as if signed by the president and attested by the secretary.
By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact:
Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby
authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and
deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of
Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 23rd day of March ,t: 2004. 4s 34
LIBERTY MUTUAL INSURANCE COMPANY LU
COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
Garnet W. Elliott, Assistant Secretary v) gs
rQ) OC
Onthis 23rd dayof March ,2004, before me, a Notary Public, personally came Garnet W. Elliou, to me known, and acknowledged
that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above
Power of Attorney and
IN TESTIMONY
first above writte
rate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
o subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year
BY & !a
Terzsa Pastella. Notary Public
CERTIFICATE
I, the undersigned, Assis
is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the
said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article
XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company.
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company
with the same force and effect as though manually affixed.
ry of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing I
n nu
hereunto subscribed my name and affixed the corporate seal of the said company, this d6' day of
A /
BY David M Carey, hss&t Secretary
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RESOLUTION 26,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO
THE MASTER DEVELOPMENT PLAN FOR THE APPROXIMATELY
(A.K.A. “PARCEL 5B”), APPROVED BY WAY OF RESOLUTION
216, 2004, GENERALLY BOUNDED BY THE PGA FLYOVER TO
THE NORTH, THE FLORIDA EAST COAST (FEC) RAILWAY TO THE
EAST, THE GARDENS STATION PUD TO THE SOUTH, AND RCA
BOULEVARD TO THE WEST, AS MORE PARTICULARLY .
DESCRIBED HEREIN, TO MODIFY CERTAIN CONDITIONS OF
APPROVAL AND TO ALLOW: A REALLOCATION OF SQUARE
FOOTAGE BETWEEN CERTAIN BUILDINGS ON SITE; REVISED
FOOTPRINTS AND ELEVATIONS OF CERTAIN BUILDINGS;
ADDITION OF A PARKING STRUCTURE; AND OTHER MINOR
CHANGES TO THE SITE AND LANDSCAPE PLANS; PROVIDING
ADDITIONAL WAIVERS; PROVIDING ADDITIONAL CONDITIONS
OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE.
30-ACRE RCA CENTER PLANNED UNIT DEVELOPMENT (PUD)
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 has received an application (PUDA-05-09-01) from Mr.
Jeffery P. Marshall of RCA Center II of Florida, LLC for approval of an amendment to
the approximately 30-acre RCA Center Planned Unit Development (PUD), generally
bounded by the PGA Flyover to the north, the Florida East Coast (FEC) Railway to the
east, the Gardens Station PUD to the south, and RCA Boulevard to the west, as more
particularly described herein, to allow: (1) a reallocation of square footage between
certain buildings on site; (2) revised footprints and elevations of certain buildings to
accommodate the changes in square footage; (3) the inclusion of a parking structure;
(4) other minor changes to the site and landscape plans; and (5) modifications to certain
conditions of approval; and
WHEREAS, the subject site has been rezoned to a Mixed Use Planned Unit
Development (MXD PUD) with an underlying zoning of Mixed Use (MXD); and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient and consistent with the City’s Comprehensive Plan
and Land Development Regulations, and has recommended its approval; and
Date Prepared: February 2,2006
Resolution 26,2006
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WHEREAS, the Planning, Zoning and Appeals Board reviewed said petition at its
January IO, 2006, and April 25,2006, meetings and 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
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 amended Master Development Plan application of RCA Center
II, LLC, is hereby APPROVED on the following real described property, to permit the
development of 25,000 square feet of retaiVshopping center use, 105,400 square feet
of office use, 15,000 square feet of medical office use, 59,200 square feet of light
industrial use, and 178,647 square feet of furniture store use on an approximately 30-
acre parcel of land, known as “Parcel 5B,” generally located on the southwest corner of
Alternate AIA and PGA Boulevard, subject to the conditions of approval contained
herein, which are in addition to the general requirements otherwise provided by ordinance.
The amendment allows: (1) a reallocation of square footage between certain buildings
on site; (2) revised footprints and elevations of certain buildings to accommodate the
changes in square footage; (3) the inclusion of a parking structure; (4) other minor
changes to the site and landscape plans; and (5) modifications to certain conditions of
approval .
LEGAL DESCRIPTION:
ALL OF THE PLAT OF THE MACARTHUR PARCEL 5B, RECORDED IN PLAT BOOK
96, PAGE 79, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
CONTAINING IN ALL 1,308,146 SQUARE FEET OR 30.03 ACRES, MORE OR LESS.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following amendments to the waivers approved by way of Resolution 216,
2004:
1. Section 78-563, Lake Maintenance Tracts, to allow encumbrances with
certain Lake Maintenance Easements (LME) in specific areas identified on
the approved development plan.
2
Date Prepared: February 2,2006
Resolution 26,2006
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Section 78-285, Permitted Signs, to allow for certain retail tenants in
buildings containing multiple street frontages to have two (2) signs per
tenant, and buildings containing multiple street frontages to have two (2)
principal tenant/building ID signs, subject to the conditions relating to the
same contained herein.
Section 78-285, Permitted Signs, to allow for principal tenant/building ID
signs to be located above the first story.
Section 78-508, Intersections, to allow for street intersections with a
centerline separation of less than 150 feet.
Section 78-306(d), Easement Encroachment, to allow for 12 feet of a
required 20-foot landscape buffer along the easternmost property line to be
encumbered by a utility easement.
Section 78-374(h), Location, to allow for 13 covered parking spaces to be
located within 100 feet of PGA Boulevard.
Section 78-287(e), General Standards, to allow for tenants having federally
registered trademark signs to use their registered color scheme on signs
facing the parking areas.
Section 78-344(l)( I), Minimum Dimensions, to allow 9.5-foot-wide parking
spaces at certain locations as reflected on the approved site plan and within
the parking structure.
9. Section 78-320(b), Foundation Landscaping and Planting, to allow for a
reduction in foundation landscaping at certain areas on site as depicted on
the landscape plan.
SECTION 4. The conditions of Resolution 216, 2004 are amended as follows
and shall be the responsibility of the Applicant, its successors, or assigns:
E nq i neeri nq
1. Prior to construction plan approval and the issuance of the first land
alteration permit, the Applicant shall provide written authorization from utility
owners allowing landscaping within their existing and/or proposed utility
easements. (City Engineer) [SATISFIED)
2. Prior to the issuance of the first land alteration permit, the Applicant shall
provide a Roadway Signage and Marking Plan for review and approval.
(City Engineer) lSATlSFlED)
3
Date Prepared: February 2, 2006
Resolution 26,2006
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3. Prior to the issuance of any additional building permits for vertical
construction within the portion of the site bounded by PGA Boulevard to the
north, RCA Boulevard to the west, Desiqn Center Drive to the south, and
RCA Center Drive to the east (hereinafter referred to as the “Northwest
Pod”) 1 , the Applicant shall provide a
Photometric Plan, signed, and sealed by a professional engineer licensed in
the State of Florida, meeting the requirements of LDR Section 78-182. Said
plan shall provide pedestrian scale lighting along all walkways and
thoroughfares, including PGA Boulevard. (City Engineer)
4. Prior to the issuance of the first land alteration permit, the Applicant shall
provide a construction plan for review and approval. All plans and support
documentation, submitted by the Applicant for review by the City Engineer,
shall be signed and sealed by a professional engineer licensed in the State
of Florida in accordance with Section 78-448 of the LDR. (City Engineer)
[SATIS F I ED)
5. Prior to construction plan approval and the issuance of the first land
alteration permit, the Applicant shall provide a paving, grading, and drainage
plan, along with surface water management calculations and hydraulic pipe
calculations for City review and approval. The paving, grading, and
drainage plan and calculations shall be signed and sealed by a professional
engineer licensed in the State of Florida. (City Engineer) lSATlSFlED)
6. Prior to construction plan approval and the issuance of the first land
alteration permit, the Applicant shall provide a cost estimate for the project,
including public infrastructure and all landscaping and irrigation costs for
review and approval by the City in order to establish surety. The cost
estimate shall be signed and sealed by an engineer and landscape architect
registered in the State of Florida. Surety will be based on 110% of the total
combined approved cost estimates and shall be posted with the City prior to
the issuance of the first land alteration permit. (City Engineer)
[SATISF I ED)
7. The Applicant shall provide all necessary construction zone signage and
fencing as required by the City Engineer. (City Engineer)
8. The Applicant shall provide the City copies of all permit applications and
approvals. (City Engineer)
4
Date Prepared: February 2,2006
Resolution 26.2006
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9.
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The Applicant shall comply with all Federal Environmental Protection
Agency (EPA) and State of Florida Department of Environmental Protection
NPDES permit requirements, including, but not limited to, preparation of a
stormwater pollution prevention plan and .identification of appropriate Best
Management Practices (BMP) for construction activities, submission of a
Notice of Intent to EPA or theif designee, implementation of the approved
plan, inspection and maintenance of controls during construction, and
submission of a stormwater Notice of Termination. (City Engineer)
The construction, operation, and/or maintenance of any elements of the
subject project shall have no negative impacts on the existing drainage of
surrounding areas. If, at any time during the project development, it is
determined by the City that any of the surrounding areas are experiencing
negative drainage impacts caused by the project, it shall be the Applicant’s
responsibility to cure said impacts in a period of time and a manner
acceptable to the City prior to additional construction activities. (City
Engineer)
The Applicant shall comply with any and all Palm Beach County Traffic
Division conditions as outlined in the PBC Traffic Division concurrency
approval letters issued for this property. (City Engineer)
Prior to the issuance of the first land alteration permit, the Applicant shall
schedule a pre-permit meeting with City staff. (City Engineer) [SATISFIED)
Kyoto Gardens Drive
a. The Applicant shall deliver to the City surety in a form acceptable to the
City Attorney, which surety shall ensure the construction of the Kyoto
Gardens Drive Extension. The Kyoto Gardens Drive Extension shall
consist of a four (4) lane divided roadway with landscaped medians,
approximately 2,300 feet in length, connecting Military Trail to Alternate
AIA, including an at-grade crossing of the FEC track bed. The Applicant
shall be responsible for the costs of design and construction of this
roadway as a two (2) lane roadway, and the City shall be responsible for
reimbursing the Applicant for the costs of design and construction of the
additional two (2) lanes, as set forth in the engineering estimate attached
as Exhibit “A to the Memorandum of Agreement. Said construction shall
commence no later than March 31, 2005, and completion of said
improvements as set forth in the Memorandum of Agreement. As
additional assurance, the Applicant shall submit, no later than December
30, 2004, a Memorandum of Agreement in a format acceptable to the
City Attorney on behalf of the City, and the following entities: RCA
Center II of Florida LLC, PGA Gateway LTD, and Mall Properties, LTD to
further define the obligations relating to the roadway design and
construction.
5
Date Prepared: February 2, 2006
Resolution 26. 2006
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b. The Applicant shall continuously and diligently work with the City and the
required outside agencies in order to obtain the issuance of all
necessary permits in order to begin construction of Kyoto Gardens Drive
on or before March 31 , 2005.
c. The Applicant shall, upon the request of the City, deliver assurances, in
a form acceptable to the City Attorney, from the owners of Parcel 5A that
the City will be permitted to expand the existing lake north of the Kyoto
Gardens Drive right-of-way for the purposes of providing drainage for the
Kyoto Gardens Drive roadway and to provide the fill for construction of
the roadway at no cost and without restriction.
d. The Applicant shall, upon the request of the City, deliver assurances, in
a form acceptable to the City Attorney, from the owners of Parcel 5A that
they will sign and support all permit applications as required to design
and build Kyoto Gardens Drive.
e. All contracts for design and construction of the Kyoto Gardens Drive
extension shall be submitted to the City for review and approval by the
City Engineer and City Attorney. Said construction contracts shall
contain a provision that makes such contracts fully assignable to the
City. (City Engineer)
14. 5BRoad
a. The Applicant shall, prior to December 30, 2004, deliver a deed in a
format acceptable to the City Attorney conveying an 8O-foot right-of-way
for that portion of RCA Center Drive that is shown on the Linkage Plan
between the present northern terminus of said road and the north
boundary of Parcel 56. This parcel and all other portions of the
North/South Road owned by FDOT and NPBCID are hereinafter referred
to as the “5B Road.” lSATlSFlED)
b. The Applicant shall, prior to the issuance of the first Certificate of
Occupancy for Parcel 5B, design, build, and construct the 5B Road, with
the exception of the portion of said road north of its intersection with
Design Center Drive, which shall be completed prior to the first
Certificate of Occupancy within the Northwest Pod. Said road shall be
constructed as a two (2) lane divided roadway with landscaped median
within a-#+o an eighty (80) foot right-of-way. The east 15 feet and
the west 15 feet of the 8O-foot right-of-way may be utilized for landscape
buffer calculations and setback requirements. /City Engineer)
6
Date Prepared: February 2, 2006
Resolution 26, 2006
1 15. 5ARoad
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16.
The Applicant shall, prior to December 30, 2004, deliver a deed in a
format acceptable to the City Attorney conveying an 80-foot right-of-way
for that portion of RCA Center Drive that is shown on the Linkage Plan
connecting the 5B Road to Kyoto Gardens Drive, hereinafter referred to
- as the “5A Road.” lSATlSFlED)
Bv January 1, 2008, Tihe Applicant shall<
complete GW&WG# the 5A Road and the portion of Kvoto Gardens Drive
connecting the 5A Road to Military Trail. The 5A Road shall be
constructed as a two (2) lane divided roadway with landscaped median
within a4.Q an 80-foot right-of-way. The east 15 feet and the west 15
feet of the 80-foot right of way may be utilized for landscape buffer
calculations and setback requirements. Failure of the Applicant to meet
this deadline shall result in the issuance of a stop-work order for the
proiect for all construction activities not required for the construction of
said roads, as well as the ceasing of issuance of Certificates of
Occupancy for the proiect until such time when the roads are complete.
The issuance of a stop-work order shall be in addition to any other
enforcement methods available to the Citv to ensure compliance with
this condition. (Citv Engineer)
nf t-nl VI 5E, design, build, and substantiallv
The Applicant shall deliver to the City surety, in a form acceptable to the
City Attorney, to ensure the construction of the 5A Road at the time the
surety described in Condition 6 is submitted to the City. (City Engineer)
[SAT1 S F I ED)
7
Date Prepared: February 2, 2006
Resolution 26,2006
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a. Prior to the issuance of the first Certificate of Occupancy for the
Northwest Pod, all of the landscaping buffers within the Northwest Pod
shall be completed, with the exception of those buffers immediately
adiacent to Buildinas 3 and 4, which shall be completed prior to the
issuance of the Certificates of Occupancy for those buildings. (City
Forester)
b. Prior to the first Certificate of Occupancy for the portion of the site
bounded by Desiqn Center Drive to the north, RCA Center Drive to the
east, RCA Boulevard to the west, and the Gardens Station PUD to the
south, hereinafter referred to as the iiSouthwest Pod,” all of the
landscaping buffers for the Southwest Pod and the landscapinq
surrounding Lake #2, includinq the east and south buffers, shall be
installed. The remainder of the landscape buffers within the portion of
the site east of RCA Center Drive shall be installed concurrently with the
development of that portion of the site. (City Forester)
17. Prior to the issuance of the first Certificate of Occupancy, the landscaping
shall be installed within the medians and road shoulders within betkthe
( Design
Center Drive. (City Forester)
..
18. The Applicant, its successors, or assigns shall be responsible for the
maintenance of the landscaping within: (1) the medians and adjacent road
shoulders within the portions of PGA Boulevard and RCA Boulevard
adjacent to the property; ad (2) the medians and road shoulders within
both the north/south and the east/west thoroughfares within the property;
and (3) the western road shoulder and one-half of the center island median
of the portion of Alternate AIA adiacent to the property. (City Forester)
19. In the event the City of Palm Beach Gardens, or another entity, forms a
special district pertaining to the landscape maintenance of contiguous
rights-of-way, then the RCA Center Property Owners Association, its
successors, or assigns shall automatically become a member of such
special district. This condition may be amended at any time by separate
agreement between the Applicant and the City of Palm Beach Gardens.
(City Forester)
20. The installation of the covered parking structures+&qqxwd by tk pCtty
Get+w& shall not conflict with landscaping, including long-term tree growth.
(City Forester)
21. By (three (3) months from the effective date of this Resolution), the
Applicant shall submit landscape plans for the beautification of the western
road shoulder for the portion of Alternate AIA adiacent to the property.
/City Forester)
8
Date Prepared: February 2, 2006
Resolution 26, 2006
124:22.
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Bv (six (6) months from the effective date of this Resolution), the
landscaping and irriqation of the western road shoulder of the portion of
Alternate AIA adiacent to the property shall be installed to the satisfaction
of the Citv Forester. Should the landscapinq approved bv the Citv Forester
not require irrigation, the installation of irriqation shall not be required. In the
event the installation is delaved due to permittinq or other qood cause, the
Growth Management Administrator mav qrant an extension provided a
good-faith effort bv the Applicant to satisfv the condition has been
documented. (Citv Forester)
Bv (nine (9) months from the effective date of this Resolution), all
prohibited and invasive non-native plants shall be removed from the Florida
East Coast Railwav (FEC) right-of-wav, subiect to the approval of the FEC.
In the event said removal is delayed due to permitting or other qood cause,
the Growth Manaqement Administrator mav grant an extension provided a
good-faith effort bv the Applicant to satisfv the condition has been
documented. (Citv Forester)
All ground-mounted utilitv equipment shall be screened from public view to
the satisfaction of the Citv Forester. (Citv Forester)
The nine (9) planters installed on the top level of the parking garage, the
size and tvpe of which shall be to the satisfaction of the Citv Forester, shall
contain triple palm trees. Planters shall be Dermanentlv affixed to the
structure and located in areas acceptable to the Citv Forester. (City
Forester)
The Applicant shall install and maintain a minimum of one (1) fountain within
each lake. (Citv Forester)
Lighting shall not conflict with landscaping, including long-term tree growth.
(Police)
All lighting for streets, parking lots, parking garages, and pedestrian
walkways shall be metal halide. Metal halide lighting shall be used for the
multi-use pathways and sidewalks within the site and shall be lit at a
minimum of O.6-foot candles. (Police)
Non-glare building lighting shall be installed around the entire building
perimeter and on pedestrian walkways. (Police)
Entry signage shall be lighted. (Police)
9
Date Prepared: February 2,2006
Resolution 26,2006
125731.
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Timer clock or photocell lighting shall be provided for nighttime use above or
near entryways and all exits, including emergency exits. (Police)
Numerical addresses shall: (1) be illuminated for nighttime visibility and be
unobstructed; (2) have bi-directional visibility from the roadway; and (3) be
placed at the front and rear of each business. (Police)
All structures shall use the following target hardening techniques:
a. Buildings shall be pre-wired for an alarm system.
b. Doors shall be equipped with metal plates over the threshold of the
locking mechanism.
c. Glass perimeter doors shall be equipped with case hardened guard
rings to protect the mortise lock cylinder.
d. Rear doors shall have 180-degree peephole viewers.
e. All perimeter doors shall be equipped with hinges that utilize non-
removable hinge pins. (Police)
Prior to the issuance of anv additional +%-#h& building permits for vertical
construction within the Northwest Pod, the Applicant shall work with the
Police Department to develop a high-resolution color digital closed-circuit
security surveillance system with monitoring and photo printout capabilities.
The Police Chief shall have final approval on the required number of
cameras and locations thereof within the site. (Police)
30 35. Prior to the issuance of any additional building permits for vertical
31 construction within the Northwest Pod, the photometric plan for the interior
32 of the parking structure shall be approved by the City. The lighting within
33 the parking garage shall comply with the liqhtinq standards for parking
34 garaaes established bv the llluminatinq Enqineerinq Societv of North
35 America (IESNA). (Police)
36
37 Planning & Zoning
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- 36. Within ninetv (902 days of (the effective date of this Resolution),
the Applicant shall submit revised development plans to include the items
listed below. Said development plans shall be approved administratively by
staff as long as: (1) all items listed below are included on the development
plans to the satisfaction of the Growth Management Administrator; and (2)
any exterior building modification(s) is architecturally consistent with the
approved buildings. Should any of the aforesaid not be adequately
satisfied, the revised development plans shall be reviewed and approved by
10
Date Prepared: February 2, 2006
Resolution 26,2006
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the City Council by way of an amendment to the PUD’s master plan of
development. No building or land clearing permits shall be issued until
revised plans have been approved.
a.
b.
C.
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f.
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The Applicant shall revise the building elevations to include three (3)
color palette combinations for the buildings on site.
The Applicant shall revise the easternmost landscape buffer adjacent to
the parking area so that a maximum of 12 feet of the buffer is
encumbered by utility easements.
The Applicant shall revise the building elevations to clearly reflect all
exterior building colors and materials.
The Applicant shall submit an amenities package that includes
illustrations and details of project-wide shared elements, including
common hardscape themes, street furniture, lighting fixtures, special
intersections, plazas, fountains, decorative trellises, and thoroughfare
enhancements. A “Key Plan” depicting the location of the amenities on
site shall also be included.
The Applicant shall submit a lighting plan, signed and sealed by a
professional engineer registered in the State of Florida, that includes
pedestrian scale lighting along all pedestrian walkways and
thoroughfares, including PGA Boulevard.
The Applicant shall provide additional landscaping within the vacant
area north of Building #2 to the satisfaction of the City Forester.
The Applicant shall provide additional pedestrian linkages between the
buildings along RCA Boulevard and the sidewalk along said roadway.
At a minimum, sidewalks shall be included at every building entrance
along RCA Boulevard, as reflected on the building elevations.
The Applicant shall provide at least twenty (20) additional pedestrian
benches throughout the site and label them on the plan accordingly.
The Applicant shall include a bus shelter easement on the site plan in a
location consistent with the Palm Tran letter dated May 18, 2004,
relating to the same, which is on file with the Growth Management
Department.
The Applicant shall submit a revised signage program that adequately
reflects the signage requirements approved by the City Council for the
subject property through the adoption of this Resolution. /ALL OF
CONDITION 38 SATISFIED)
11
Date Prepared: February 2, 2006
Resolution 26,2006
1307
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- 37. All rooftop mechanical equipment shall be screened from view. (Planning &
Zoning )
- 38. Within sixty (60) days of a written determination from Palm Tran that a bus
shelter will be utilized on the subject site, the Applicant, its successors, or
assigns shall submit an application for an administrative approval to allow
for review and approval of the site plan, landscape plan, and building
elevations for the bus shelter. The bus shelter design shall be consistent
with the City Council’s previous approval of such shelters. The Applicant, its
successors, or assigns shall be responsible for (1) the construction of a bus
shelter in a timely manner to accommodate Palm Tran’s needs for the
same; and (2) the maintenance of the bus shelter. (Planning & Zoning)
- 39. Each building shall be allowed two (2) building identification or principal
tenant signs, so long as (1) said signs are not located on the same building
elevation; and (2) the second of the two signs has a copy area of no more
than 75% of the first sign. (Planning & Zoning)
40. Retail ground floor users shall be allowed a maximum of two (2) signs per
tenant, only if (1) any two signs for the same tenant are not located on the
same building elevation; and (2) said signage is affixed directly to the
elevation of the tenant bay it identifies. (Planning & Zoning)
- 41. Tenants having federally registered trademark signs and logos shall be
allowed to use their registered color scheme on signs facing the parking
areas. Signs and logos facing the adjacent and internal rights-of-way shall
be consistent with the color approved in the master sign program. (Planning
& Zoning)
- 42. Prior to the issuance of the first certificate of occupancy, the property shall
be replatted. Said replat shall dedicate the thoroughfares within the
property to the City. (Planning & Zoning)
43. Wall signs shall not exceed 70% of the immediate vertical and horizontal
surface area to which they are attached. (Planning & Zoning)
12
Date Prepared: February 2, 2006
Resolution 26,2006
134%
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44. Prior to the issuance of each occupational license or building permit for
interior renovations of tenant spaces, the Applicant or its agent shall submit
a breakdown by use (retail, office, and industrial) of the gross square
footage for lease for approval by the Planning and Zoning Division to ensure
compliance with the City’s Nonresidential Mixed Use Planned Unit
Development intensity measures. (Planning & Zoning)
- 45. Outdoor storage within the site is prohibited. (Planning & Zoning)
46. Uses on site shall be limited to those uses allowed within the PGA
Boulevard Corridor Overlay, as may be amended from time to time.
(Planning & Zoning)
47. No striped awnings shall be permitted on site. (Planning & Zoning)
48. Prior to the issuance of #e each fkLbuilding permit for vertical
construction, the Applicant shall comply with Section 78-262 of the City
Code relative to Art in Public Places. The Applicant shall provide art on site
or make a payment in lieu thereof. The Art in Public Places Advisory Board
shall review and make a recommendation to the City Council on any
proposed art on site. If the Applicant is providing public art on site, the art
shall be installed prior to the issuance of the Certificate of Occupancy for
Buildinq #I. 1
nf
(Planning & Zoning)
- 49. Within ninetv (90) days of the effective date of this Resolution, the Applicant
shall work in conjunction with the Treasure Coast Regional Planning Council
(TCRPC), the South Florida Regional Transportation Authority (SFRTA),
and the City to make any and all necessary modifications to the
development plans for the portion of land lying east of the North/South Road
to accommodate the potential of a Tri-Rail transit station. Said modifications
shall be approved administratively by staff so long as any exterior elevation
changes are architecturally consistent with the approved buildings. Should
the final results of the South Florida East Coast Corridor Transit Jupttef
Analysis determine that a Tri-Rail station will be
constructed on the subject property, the Applicant, its successors, or
assigns shall work cooperatively with the SFTRA and the City to facilitate
the construction of said station and all ancillary uses/structures in a timely
manner. Said modifications shall be approved by the City prior to the
issuance of the first Certificate of Occupancy. (Planning & Zoning)
(PARTIALLY SAT1 SFl ED)
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Date Prepared: February 2, 2006
Resolution 26, 2006
447 The .. (30) €lays 2f - cf this
LONGER APPLICABLE)
50. Any reallocation of uses and square footage on site will require the approval
of a traffic impact analysis or traffic equivalency statement, as well as
compliance with the City’s parkinq requirements. (Planning & Zoning)
51. Within two (2) months of the issuance of the last Certificate of Occupancy
for the Northwest Pod, the parcel of land lying east of RCA Center Drive
shall be stabilized with qrass seed or sod and shall be maintained to the
City’s maintenance standards at all times by the Applicant. (Planning &
Zon inq)
52. Prior to the issuance of any additional building permits for vertical
construction within the Northwest Pod, the Applicant shall provide
correspondence indemnifying the City with respect to any environmental
remediation required for the acceptance of RCA Boulevard from the FDOT,
to the satisfaction of the City Attorney. (Planning & Zoninq)
53. Prior to the issuance of any additional buildinq permits for vertical
construction within the Northwest Pod, the Applicant shall, with the written
consent of the property owner for the Gardens Station PUD, submit an
application for an Administrative Approval to revise the approved Gardens
Station Master Plan to reflect the removal of the previously-approved shared
driveway along RCA Boulevard. (Planning & Zoninq)
54. By (six (6) weeks from the adoption of this Resolution),
the Applicant shall erect a six (6) foot tall construction fence with a privacy
tarp along the entire property line adiacent to RCA Boulevard and any
portion of PGA Boulevard that is below the heiqht of the fence. Failure by
the Applicant to comply with this deadline shall result in the ceasinq of
inspections or issuance of permits for the proiect by the City, which shall be
in addition to any other enforcement methods available to the City to ensure
compliance with this condition. (Planning & Zoning)
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Date Prepared: February 2,2006
Resolution 26,2006
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M iscel la neous
6 55. Required digital files of the approved replat shall be submitted to the
Planning and Zoning Division prior to the issuance of the first certificate of
occupancy, and approved civil design and architectural drawings shall be
submitted prior to the issuance of the first Certificate of Occupancy. (GIs
Manager, Development Compliance Officer)
44% 56. Prior to the issuance of the first Certificate of Occupancy, the master
property owners association documents and restrictions, which shall include
disclosure language regarding the potential transit station and the widening
of the RCA Center Drive to four (4) lanes, shall be furnished by the
Applicant to the City Attorney for review and approval prior to such
documents being recorded in the Public Records of Palm Beach County.
(City Attorney)
SECTION 5. Said Planned Unit Development shall be constructed in compliance
with the following plans on file with the City's Growth Management Department:
1. Sheets 1 through 12 of 12: Site Plan and Landscape Plan, prepared by
Cotleur Hearing, last revised on April 7, 2006 Bxembe: 9, 2084 , and
received and stamped by the City on April 19, 2006 Demmbc: 10, 2084.
2. RCA Center Architectural Package, prepared by Architectural Desiqn
Associates m; -1 1, 2!N4 , and received
and stamped by the City on April 19, 2006 hln\lnmhr\: e, 2084.
3. RCA Center Signage Package, prepared by REG Architects, Inc., last
revised on November 9, 2004, and received and stamped by the City on
November 10,2004.
SECTION 6. 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.
(The remainder of this page left intentionally blank)
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46 47
Date Prepared: February 2, 2006
Resolution 26, 2006
PASSED AND ADOPTED this day of , 2006.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR BARNETT
COUNCILMEMBER JABLlN
COUNCILMEMBER LEVY
COUNCILMEMBERVALECHE
AYE NAY ABSENT
\\pbgsfile\Attorney\attorney-share\RESOLUTlONS\rca pud master dev amend - reso 26 2006-as amended 4-20-06-final.doc
16
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: April 13,2006
Meeting Date: May 4,2006
Resolution 49,2006
SubjectIAgenda Item:
Resolution 49,2006 - Vavrus Ranch Major Conditional Use
Consideration of Approval: A request by David Abrams, of Tech Village Partners 11, on behalf of
Charles Vavrus, to approve certain Conditional Uses, including one residential dwelling unit, on the
Vavrus Ranch, as outlined in the “Vavrus Property Agricultural Use Summary,” prepared by EW
Consultants, Inc., and associated “Agricultural Use Zone” aerial map. The Vavrus Ranch is located
approximately five miles west of S.R.710 (Beeline Highway) on the north side of Northlake
Boulevard and east of Grapeview Boulevard.
[XI Recommendation to APPROVE
[ ] Recommendation to Deny
Reviewed by:
Planning Manager: L Brad Wiseman
City Attorney: I
Development
Compliance Manager: izk%r--
AICP
Interim Growth Management
Daniel P. Clark, LE.
Approved By:
Originating Dept.:
Growth Management:
Mark Hendrickson
City Forester
[ X ] Quasi - Judicial
[ ] Legislative
[ X ] Public Hearing
[ 3 Workshop
Advertised:
Date: April 19,2006
Paper: PB Post
Affected Parties:
[ X ] Notified
[ ] NotRequired
Allan Owens
Administrator
K. Labossiere
Fees Paid [ Yes ]
As of 3120106
Funding Source:
[ ] Operating
[XI OtherA
Budget Acct.#:
NIA
City Council Action:
[ 3 Approved
[ 3 App. wl conditions
[ 3 Denied
[ 3 Rec. approval
[ 3 Rec. app. wl conds.
[ ] Rec. Denial
[ ] Continued to:
Attachments:
0 Vavrus Property
Agricultural Use
Summary
Agricultural Use
Zones aerial map
0 Resolution 49,2006
Date Prepared: April 13,2006
Meeting Date: May 4,2006
Resolution 49,2006
EXECUTIVE SUMMARY
The subject petition is a request for Conditional Uses on the Vavrus Ranch, including one
residential dwelling unit and the existing and proposed uses outlined in the “Vavrus Property
Agricultural Use Summary” and associated “Agricultural Use Zone” aerial map. On March 28,
2006, the Planning, Zoning and Appeals Board voted 7-0 to recommend approval of the subject
petition to the City Council. Staff recommends approval of Resolution 49, 2006, with five (5)
conditions of approval.
BACKGROUND
The approximately 4,760 acre Vavrus Ranch (the “Ranch”) was annexed into the City in 199 1. At
that time, the uses existing on the Ranch were cropland and pastureland, grassland, shrub and brush
land, mixed rangeland, coniferous forest, wetland-mixed forest, wetland-vegetated non-forest, and
farm pond, according to the previously filed “Vavrus Ranch” application for Development of
Regional Impact. In 1999, timber harvesting was observed on the Ranch without a permit from the
City. The City sought code compliance through its Code Enforcement Board. After the Code
Enforcement Board entered its Order finding violations and imposing fines, Mr. Vavrus sought
review in the Circuit Court and District Court of Appeal. The Code Enforcement Board’s Order
was affirmed by the Court in November 2002.
Other lawsuits were filed by Vavrus against the City. As of this date, all claims of Vavrus have been
resolved by judgments in favor of the City. On February 16,2006, the City received payment of the
fines that had been accumulating on the Code Enforcement violations, which enabled the applicant
to proceed forward with consideration of the petition for Conditional Use Approval filed in July
2003. Development of Regional Impact (DRI) petitions and other associated development have
been and are currently proposed on the property.
LAND-USE & ZONING
The existing Future Land Use is Rural Residential, RR 0 and RR 20. The current Zoning is
Planned Development Area District (PDA). No changes to the Land Use or Zoning are proposed
with this petition.
CONCURRENCY
The proposed project does not require concurrency for the existing and proposed uses. The City
reserves the right to require a traffic study, at its discretion, should it determine that the property is
generating a significant number of vehicle trips.
DISCUSSION
The applicant has amended the original 2003 petition to include a “Vavrus Property Agricultural
Use Summary” and aerial map depicting agricultural use zones. Zone 1 is approximately 262 acres.
The conditional uses proposed in Zone 1 are field crops, row crops, sod, improved pasture,
rangeland, cattle, grove, nursery, agricultural operation facilities, and apiary. Zone 2 is
2
Date Prepared: April 13,2006
Meeting Date: May 4,2006
Resolution 49,2006
approximately 1,552 acres. The conditional uses proposed in Zone 2 are field crops, row crops, sod,
improved pasture, rangeland, cattle, nursery, agricultural operation facilities, and apiary. The only
existing residential unit for the Ranch manager lies within Zone 2. Zone 3 is approximately 780
acres. The conditional uses proposed in Zone 3 are field crops, improved pasture, rangeland, cattle,
and apiary. Zone 4 is approximately 2,166 acres. The conditional uses proposed in Zone 4 are
native pasture and cattle. According to the applicant, mechanized agricultural operations and land
clearing activities are not proposed in Zone 4 due to the existing native upland and wetland habitats.
Normal maintenance activities associated with the aforementioned uses are included in the
Summary in order to ensure that the proposed conditional uses are hnctional and do not have a
negative impact on surrounding properties. Other than the proposed grove and nursery uses, to the
knowledge of City staff, all other proposed uses have existed previously on the Ranch property.
PLANNING & ZONING STAFF’S CONDITIONAL USE ANALYSIS FOR VAVRUS
RANCH
Criteria for Conditional Use
(1) Comprehensive plan. The proposed use is consistent with the Comprehensive Plan.
The proposed uses are consistent with the future land use plan designation of RR10 and RR20
in the Comprehensive Plan. The proposed limited agricultural uses are compatible with the
environmental characteristics and natural resources of the site, and historically have co-
existed with the surrounding residents’ lifestyle.
The proposed uses are consistent with Policy 1.1.5.4.(a) in the Comprehensive Plan, which
permits agriculture in rural areas west of the eastern boundary of the Loxahatchee Slough,
except in environmentally sensitive preservation areas.
(2) this chapter.
Chapter requirements. The proposed use is consistent with all applicable requirements of
The proposed uses are consistent with all applicable requirements of Chapter 78. The project
is consistent with the Land Development Regulations, Section 78-133, entitled “RR 10/20 -
Rural residential districts.” The proposed uses are limited to uses that will coexist with the
surrounding residential uses, and compatible with the natural resources. No new residential
development is proposed with this petition. The two new proposed uses (groves and nursery)
also are long standing uses in the immediate area.
(3) section 78-1 59.
Standards. The proposed use is consistent with the standards for such use as provided in
The proposed uses do not include commercial feed lots, raising or sale of fur-bearing animals,
3
Date Prepared: April 13,2006
Meeting Date: May 4,2006
Resolution 49,2006
riding academies, livery or boarding stables, or dog kennels or any other uses prohibited in
Section 78-159.
(4) Public welfare. The proposed use provides for the public health, safety, and welfare by:
a.) Providing for a safe and effective means ofpedestrian access;
b.) Providing for a safe and effective means of vehicular ingress and egress;
c.) Providing for a adequate roadway system adjacent to and in front of the site;
d.) Providing for a safe and efficient onsite traffic circulation, parking, and overall
control; and
e.) Providing adequate access for public safety purposes, including fire and police
protection
The proposed uses do not present any public health, safety or welfare issues with minimum
best management practices. This property has continued to be a rural property since
annexation. The City continues to provide an adequate level of service to the site. Due to the
existence of a residential dwelling, City staff is recommending a condition of approval to allow
for an inspection by the City Police and Fire Departments to coordinate and resolve any safety
issues.
(5) The proposed use utilizes such techniques as landscaping,
screening, buffering, site or building design, or business operation procedures to mitigate impacts
on surrounding properties, including such impacts as:
a.) Noise; Glare; Odor; Ground, wall, or roofmounted mechanical equipment;
perimeter, interior, and security lighting; Signs; Waste disposal and recycling; Outdoor
storage of merchandise and vehicles; Visual impact; and Hours of operation.
Screening and buffering.
The proposed uses have been limited to very low-impact uses, which historically have been
compatible with the lifestyle of the rural residential district. No additional screening or
buffering is proposed at this time.
(6) including underground and overhead utilities, on adjacent properties.
Utilities. The proposed use minimizes or eliminates the impact of utility installation,
No additional utilities are proposed at this time.
(7) required by this chapter.
Dimensional standards. The proposed use meets or exceeds all dimensional requirements
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Meeting Date: May 4,2006
Resolution 49,2006
These standards are not applicable for the proposed uses.
(8) Neighborhood Plans. The proposed use is consistent with the goals, objectives, policies,
and standards of neighborhoodplans.
These plans are not applicable for the proposed uses.
(9) area uses, and character of development.
Compatibility. The overall compatibility of the proposed development with adjacent and
The proposed uses have been limited to very low-impact uses, which historically have been
compatible with the lifestyle of the surrounding rural residential neighborhoods of the
Acreage, and Bay Hill Estates. Other surrounding uses include conservation, similar
agricultural uses as proposed, and the City’s Golf Course.
(10)
development patterns.
Patterns of development. The proposed use will result in logical, timely, and orderly
The proposed low-impact uses are appropriate until any future development is approved,
which is consistent with its PDA zoning designation. Currently, the applicant has submitted
an application for Development of Regional Impact and other associated development
petitions.
(1 1)
intent of this chapter and the goals, objectives, andpolicies of the city.
Purpose and intent. The proposed use will be in harmony with the general purpose and
The proposed uses will be in harmony with the general purpose and intent of the Land
Development Regulations and the goals, objectives, and policies of the City. Similar
conditional use petitions have been approved previously on other properties.
(12)
visual impacts or impacts caused by the intensity of the use.
Adverse impact. The design of the proposed use and structures will minimize any adverse
The location of the proposed uses and the large size of the Ranch will minimize any adverse
visual impacts.
(13) Environmental impact. The design of the proposed use minimizes any adverse impacts
5
Date Prepared: April 13,2006
Meeting Date: May 4,2006
Resolution 49,2006
that may be created, including impacts on environmental and natural resources including air,
water, storm water management, wildlife, vegetation, and wetlands.
All proposed uses will be conducted in accordance with Federal, State, and City regulations.
Currently, the proposed zone containing the native upland and wetland habitats is not
proposed to be altered by any more intense activity than what already exists with the passive
grazing of cattle and horses. No timber harvesting is being proposed with this petition.
PLANNING, ZONING. AND APPEALS BOARD (PZAB)
On March 28, 2006, the Planning, Zoning and Appeals Board reviewed the subject petition at a
public meeting. With very little discussion, the PZAB voted 7-0 to recommend approval to City
Council with no change to staffs recommended conditions of approval.
STAFF RECOMMENDATION
Staff recommends approval of Resolution 49,2006 with conditions provided therein.
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RESOLUTION 49,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA GRANTING CONDITIONAL USE
APPROVAL FOR CERTAIN AGRICULTURAL USES FOR THE
APPROXIMATELY FIVE MILES WEST OF S.R. 710 (BEELINE
HIGHWAY) ON THE NORTH SIDE OF NORTHLAKE BOULEVARD
AND EAST OF GRAPEVIEW BOULEVARD, AS MORE
PARTICU LARLY DESCRl BE D HERE IN ; PROW Dl NG CON DlTlONS OF
APPROVAL; AND PROVIDING AN EFFECTIVE DATE.
APPROXIMATELY 4,760-ACRE VAVRUS RANCH SITE LOCATED
WHEREAS, the City received petition CU-03-01 from David Abrams of Tech Village
Partners II, on behalf of Charles Vavrus (“Applicant”), for conditional use approval of one
residential dwelling unit and uses outlined in the “Vavrus Property Agricultural Use
Summary” and associated “Agricultural Use Zone” aerial map, on an approximately 4,760-
acre site located approximately five miles west of S.R. 710 on the north side of Northlake
Boulevard and east of Grapeview Boulevard, as more particularly described herein; and
WHEREAS, on March 28,2006, the Planning, Zoning, and Appeals Board reviewed
the subject petition and recommended approval by a vote of 7-0; and
WHEREAS, the City Council has considered the evidence and testimony presented
by the Applicant and other interested parties and the recommendations of the various City
of Palm Beach Gardens review agencies and staff; and
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; and
WHEREAS, the City Council has determined that this Resolution is consistent with
the City’s Comprehensive Plan and the City’s Land Development Regulations based on the
following findings of fact:
1. The subject site is designated on the City’s Future Land Use Map as Rural
Residential, RRIO and RR20, The current zoning is Planned Development
Area District (PDA).
2. The proposed uses are consistent with Policy 1.1.5.4.(a) of the
Comprehensive Plan, which permits limited agriculture in rural areas west of
the eastern boundary of the Loxahatchee Slough.
Date Prepared: April 7,2006
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Date Prepared: April 7, 2006
Resolution 49, 2006
3. The proposed uses are consistent with all applicable requirements of Chapter
78, Sections 78-1 33 and 78-1 59, of the City Code of Ordinances, which limits
the uses so that they may coexist with the surrounding residential uses, and
are compatible with the natural resources of the site.
4. The proposed uses meet all the criteria for a Major Conditional Use in
accordance with Section 78-52, Code of Ordinances.
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 conditional use petition from David Abrams of Tech Village Partners
II, on behalf of Charles Vavrus, is hereby APPROVED on the following described real
property, to permit one residential dwelling unit and uses outlined in the “Vavrus Property
Agricultural Use Summary” and associated “Agricultural Use Zone” aerial map, attached
hereto as Exhibit A, on an approximately 4,760-acre site located approximately five miles
west of S.R. 710 on the north side of Northlake Boulevard and east of Grapeview
Boulevard, subject to the conditions of approval contained herein:
LEGAL DESCRIPTION
ALL OF SECTIONS 28,32, AND 33, LYING SOUTH AND EAST OF CENTRAL AND
AIRLINE RAILROAD, TOWNSHIP 41 SOUTH, RANGE 41 EAST, PALM BEACH
COUNTY, FLORIDA.
SOUTHERN FLORIDA FLOOD CONTROL DISTRICT CANAL C-18 AND SEABOARD
THE EAST ONE-HALF (E1/2) OF SECTION 8, ALL OF SECTION 9, ALL OF SECTION 19
(EXCEPT THE SE-114 THEREOF), AND THE EAST ONE-HALF (E-1/2) OF SECTION 17,
TOWNSHIP 42 SOUTH, RANGE 41 EAST, PALM BEACH COUNTY, FLORIDA, LYING
NORTH OF THE LAKE PARK WEST EXTENSION ROAD AS NOW LOCATED.
ALL OF SECTION 10, THE WEST ONE-HALF (W-1/2) OF SECTION 14, AND ALL OF
SECTION 15, TOWNSHIP 42 SOUTH, RANGE 41 EAST, PALM BEACH COUNTY,
FLORIDA, NORTH OF THE LAKE PARK WEST EXTENSION ROAD AS NOW LOCATED.
LESS AND EXCEPT A PARCEL OF LAND IN THE WEST I4 OF SECTION 14,
TOWNSHIP 42 SOUTH, RANGE 41 EAST, COUNTY OF PALM BEACH, STATE OF
FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT
THE NORTHEAST CORNER OF THE SAID WEST I4 OF SECTION 14; THENCE S
03’28’56” W ALONG THE EAST LINE OF THE SAID WEST I4 OF SECTION 14 A
DISTANCE OF 1592.57’ TO A ‘SET’ 4 X 4 CONCRETE MONUMENT WITH AN
ALUMINUM DISK IN THE TOP, SAID CONCRETE MONUMENT BEING THE POINT OF
BEGINNING; THENCE N 89’44’06” W ALONG A LINE PARALLEL WITH THE NORTH
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Date Prepared: April 7, 2006
Resolution 49, 2006
LINE OF THE WEST % OF SECTION 14, A DISTANCE OF 1351.88’ TO A ‘SET’ 4 X 4
CONCRETE MONUMENT WITH AN ALUMINUM DISK IN THE TOP, THENCE S
05’30’21” W A DISTANCE OF 3004.92’ TO A POINT IN THE NORTH RNV LINE OF LAKE
PARK WEST ROAD AS DESCRIBED BY DEED RECORDED IN OFFICIAL RECORD
BOOK 1229, PAGE 131, PUBLIC RECORDS OF SAID COUNTY (SAID POINT IS
WITNESSED BY A‘SET’4 X4 CONCRETE MONUMENT WITH AN ALUMINUM DISK IN
THE TOP WHICH IS IO’, N 05’30’21” E OF SAID POINT); THENCE S 87’20’18” E
ALONG SAID RNV LINE A DISTANCE OF 1456’ TO A ‘SET’ 4 X 4 CONCRETE
MONUMENT WITH AN ALUMINUM DISK IN THE TOP MARKING A POINT IN THE
EAST LINE OF THE SAID WEST 1/2 OF SECTION 14; THENCE N 03’28’56” E A
DISTANCE OF 3058.07’ ALONG SAID EAST LINE TO THE POINT OF BEGINNING.
CONTAINING 97.537 ACRES, MORE OR LESS.
COMBINED TOTAL CONTAINING 4,760 ACRES, MORE OR LESS.
1.
2.
3.
4.
5.
Only the specified agricultural uses, including one residential dwelling unit, on
the subject site, set forth in Attachment 1, entitled “Vavrus Property Agricultural
Use Summary,” prepared by EW Consultants, Inc., dated February 2006, and
aerial map, entitled “Agricultural Use Zones, Vavrus Parcel, Palm Beach
Gardens, Florida,’’ dated February 2006, attached hereto as Exhibit A, are
permitted. (Planning & Zoning)
The Applicant may remove exotic, invasive non-native vegetation without a
permit, except in Zone 4. (City Forester)
This Major Conditional Use Approval does not authorize the alteration of native
habitat, tree harvesting, or land clearing within Zone 4. Any such alteration of
native habitat, tree harvesting, or land clearing within Zone 4 will require an
amendment to this Conditional Use approval by the City Council, except that
selected exotic, invasive non-native vegetation removal may be authorized by
separate permit from the City. (City Forester)
The Applicant shall allow access to the property to the City Police and Fire
Departments for the inspection of the property and coordination regarding any
safety issues. (Planning & Zoning)
Copies of any permits applications made to State and/or Federal agencies,
and any correspondence regarding the permit applications, shall be provided
to the City, along with copies of any permits issued. (Planning & Zoning)
SECTION 4. This approval shall be consistent with all representations made by the
Applicant or Applicant’s agents at any workshop or public hearing.
SECTION 5. This Resolution shall become effective immediately upon adoption.
3
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Resolution 49, 2006
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PASSED AND ADOPTED this day of ,2006.
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 BARNETT ---
COUNCILMEMBER JABLIN ---
COUNCILMEMBER LEVY ---
COUNCILMEMBER VALECHE ---
\\Pbgsfile\Attorne~ttorney-share\RESOLUTlONS\vavrus conditional uses - reso 49 2006.doc
4
Date Prepared: April 7, 2006
Resolution 49. 2006
ATTACHMENT 1
NATURAL RESOURCE MANAGEMENT, WETLAND, AND ENVlRONMENTAL PERMITTING SERVICES
I
/
ATTACHMENT 1 ’
I
VAVRUS PROPERTY AGRICULTURAL USE SUMMARY
Prepared for:
Charles VavruS
Prepared by:
EW Consultants, Inc.
,a
~ February2006
, I~
I’
2081 SE OC-EAN BLVD., SUITE 2B STUART, FL 34996 772-287-8771 FAX 772-287-2988,
www.ewconsuItants.com
,,
4
-.
' Introduction - \
The Vavrus Ranch property has a long history of agricultural use. The current Owner
made application (dated July '7, 2003) for agricultural use for continuation of these uses.
The following agricultural use summary has been developed as an amendment to that
July 7, 2003 application to quantify the areas and associated agricultural u,ses requested
for the property. Figure 1 provided with this summary report depicts the property
boundary and each of the proposed agricultural use zones on an aerial photo base map.
The zones and associated proposed uses have been developed based on current conditions
observed on'the property during field reconnaissance beginning in April 2004 and
completed as recently as January 3 1,2006. --
\ Each of the proposed use zones as depicted in Figure 1 are described below with specific
1 descriptions of the agricultural uses proposed in each zone. Finally, a description of uses
that would require an independent approval as may be required by the City:s
Comprehensive Plan and Land Developrhent .Regulations, is provided in order to clarify
the applicant's intent. -
Zone 1 -
I
\ This zone includes 262 +/- acres of areas that have been previously used for row crop
production. There is a define4 perimeter and lateral ditch system in place for drainage
ahd irrigation. This zone is subject to the broadest group of potential agricultural uses as
it has been the most+intensely altered in the past. There is no native upland habitat
present in these areas.
The following agricultural land uses are proposed for Zone 1 :
Agricultural Use Description
'
1%
Field crops
Row Crops, .. . Sod
'C ' Improved Pasture, ,
,Rangeland
Cattle
' Grove
Nurse@ i
Agricultural I Operations
Facilities .
1 Apiary ~
Includes hay and similar feed or forage crops
Includes vegetables and similar truck crop production.
( Includes production and harvest of grassing .
. Includes culture of specific forage grasses for cattle and
horse grazing
hcludes management of forage grasses for cattle
-and horse grazing
Inch@ cows, bulls, steer, calves, and horses
Includes citrus and/or other hits
Includes landscape and ornamental plant production
Includes 'on site tfailers or temporary facilities for f&m
management, subject to building permit requirements
Includes beekeeping
t
%, Zone 2 -’
This zone includes 1,552 +/- acres of areas that have been previously used as improved
pastuie, These areas have varying degrees of existing lateral ditches for drainage that are
connectetl to the existing “backbone” canal system on the property. There are no intact
native upland habitat associations present in these areas.
The following agricultural land uses are proposed for Zone 2:
Agricultural Use Description
Field, crops
qow Crops 8 Includes vegetables and similar truck crop production
Sod
Improved Pasture 1
/
Includes hay and similar feed or forage crops
Includes production and harvest of grassing
Includes culture of specific forage grasses for cattle and
horse grazing
Inclddes management of forage grasses for cattle
and horselgrazing
Includes landscape and :ornamental plant production
Includes on site trailers or temporary facilities for farm
- Rangeland
Cattle Includes cows, bulls, steer, calves, and horses _*
Nursery
Agricultural Operations
Apiary hcludes beekeeping
Zone 3 -
This’zone includes 78b +/- acres of ateas that have been used in the,past as improved
. pasture. ’There are generally existing lateral ditches connected to the main backbone
canal system on the site. However, due to lack of recent management this zone includes
some areas ofn&ive vegetation. The uplands, however, have not undergone sufficient
succession to be considered an intact native habitat association.l
The following agricultural land uses are proposed for Zone 3:
Amicultural Use Description
Field crops
’ Facilihes , management, subject to building permit requirements
I I I * \
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Includes hay and similar feed or forage crops,
Ihcludes culture of specific forage grasses for cattle and
horse grazing
Includes management of forage grasses for cattle
and horse grazing
Includes cows, bulls, steer, calves, and horses
, Improved Pasture ,
Rangtland
-
APiarY Includes beekeeping \
’ Cattle
’> I
I. ,
Zone 4 -
This zone includes 2,166 +/- acres that does not include geometric lateral ditches or other
constructed improvements for drainage. There are some areas of existing native upland
and wetland habitats as well as areas in re-growth after timber harvest.
The following agricuhral )land uses are proposed for Zone 4: . .
Agricultural Use Description
Native Pasture '
Cattle
Includes passive grazing for cattle
Includes cows, bulls, steer, calves, and hof-ses
Included Uses and Potential Future Uses Subiect to Independent Amroval -
In order to ensure that the proposed agricultural uses are hnctional and do not have a
' #negative impact on surrounding properties, there are several agricultural activities and
ancillary uses that require specific explanation as to whether they are included in this
conditional use approval or which may require independent approval in accordance -with
the City's Comprehensive Plan and Land Development Regulations.
Normal agricultural maintenance activities as specified below are explicitly included as
part of this conditional use. The agricultural maintenance activities allowed in all zones
except where indicated below, include the following
'
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Canal and Ditch Maintenance - Removal of debris, vegetation, and accumulated
silt in existing canals anc€,ditches in order to re-establish their previous cross
section. No new canals or enlarging of canals is authorized without independent
Development Regulations.
k approval in accordance with the City's Compreheyive Plan and Land I#
\ Farm Road Maintenance - Removal of encroaching vegetation, re-
gradinglleveling, and stabilizing with pedious materials in order to make existing
farm roads passable withih their existing footprint. No new roads or trails are
authorized without independent approval in accordance with the City's
Cohprehensive Plan and Land Development Regulations.
Improved Pasture Management - Within Zones 1,2, and 3 normal mechanized
agricultural activities including discing, roller chopping, mowing, and related I
activities are authorized. No such mechanized agricultural activity or land
clearing activity is authorized id Zone 4.
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Fence Installation, Repair, and Maintenance - Existing fences and fence lines are
authorized to be repaired and maintained and new fencing installed as necessary
to support agriculfur‘al uses as set forth above. In the event that new fencing is
required in Zone 4, a swath of no mpre than twelve feet is allowed for fence
installation.
By virtue of the use of cattle and horse grazing, stable buildings are necessary to
shelter horses, that may be on the site and cow pens are necessary for branding ‘and
veterinary care of cattle. As such, stable bdildings and cow pens (not “habitable
are included as part of this conditional use. However, this
specifically excludes commercial or “for rent” boarding stables.
r
, There are several agricultural uses that the applicarit acknowledges may require an
independent approval in accordance with the City’s Comprehensive Plan and Land
Development Regulations. Included in this group are concentrated feeding operatiops ‘
such as dairy‘farms, swine, and poultry. Additionally, the conditional use is not proposed
to include retail sales of agricultural products from the property. There are no ,
“residential” agricultural uses included in this conditional use other than residential
trailers associated with the agricultural operations set forth above.
. ‘\
5 ..
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‘\
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c
’.
I
Date Prepared: April 7,2006
Resolution 49, 2006
EXHIBIT A
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: April 25,2006
Meeting Date: May 4,2006
Ordinance 6,2006
Petition: CO-04-03
SUBJECT/AGENDA ITEM
Second Reading: Petition C0=0463/0rdinance 6, 2006: Property Maintenance
Standards
A City-initiated request establishing a new Chapter 79 of the Code of Ordinances, to be
entitled “Property Maintenance Standards”; repealing Section 86-27, Code of Ordinances,
entitled “Housing Code Adopted”; repealing Sections 34-1 23 through 34-1 28 of Article V of
Chapter 34, Code of Ordinances entitled “Weeds, Rubbish, Unsanitary Conditions”.
Dc] Recommendation to APPROVE
[ ] Recomrnenda
Reviewed by: I Originating Dept.:
Finance
[XI Not Required
Affected Parties:
[XI Not Required
Notified
I--
FINANCE: NIA
Costs: $ NIA
Total
$ NIA
Current FY
Funding Source:
[ ]Operating
[XI Other&
Budget Acct.#:
NIA
PZAB Action:
[ ]Approved
[ ] App. wl conditions
$ ] Denied
[XI Rec. approval
[ ] Rec. app. wl conds.
[ ] Rec. Denial
[ ] Continued to:
Attachments:
Ordinance 6, 2006
Code Section 86-27
0 Sections 34-123
through 34-128
0 Neighborhood
Preservation Outline
Date Repared April 25,2006
Meeting Date: May 4,2006
Ordinance 6,2006
Petition: C0-04-03
BACKGROUND
As a result of field observations, and in response to public request, Code Enforcement
Staff initiated the research and development of the proposed ordinance to establish
minimum guidelines for the maintenance of both residential and commercial properties and
appurtenances. Staff believes it is necessary to proactively provide property owners,
tenants and property managers with objective and specific maintenance standards for
structures and hardscape. The desired result is to keep all properties in an acceptable
state of repair, thereby maintaining property values.
Since the City adopted the Florida Building Code, staff became aware that the existing
code language is no longer applicable regarding minimum housing standards. Further,
there are existing commercial properties that have various defects, which pose potential
safety hazards currently not addressed by the City Code. Consequently, staff has no
enforcement ability to address complaints from tenants living in rental units with
deficiencies.
The current code lacks the objectivity and specificity necessary to establish minimum
maintenance standards. As an example, single-family homes and duplexes are exempt
from the standards for landscape maintenance contained in the City’s Land Development
Regulations. The result of this exemption is the presence of properties with dead or dying
lawns infested with weeds and other noxious growth. The proposed ordinance contains
language which requires landscaping maintenance including maintaining a healthy lawn.
PROPOSED LANGUAGE
Staff believes that the proposed ordinance will provide the necessary objective standards
that will provide the residents with the assurance that blight conditions are not allowed to
develop.
Staff recommends that Section 86-27 of the City Code be deleted as it is no longer
applicable since the adoption of the Florida Building Code. Staff also recommends that
Sections 34-123 through 34-128 of Article V of Chapter 34 of the City Code be repealed as
the existing language follows an antiquated and inefficient methodology.
In general, the proposed language in Ordinance 6, 2006 establishes the following
requirements regarding the minimum standards for maintenance of property and structures
in the City: . Pumose and same.
o The purpose of the proposed ordinance is to establish uniform minimum
standards for the occupancy and maintenance of all dwellings, hotels and
rooming houses as well as commercial, industrial and institutional structures
in the City.
o Every building or structure in the City subject to the provisions of the
proposed ordinance shall comply regardless of when the building or structure
2
Date Prepared April 25,2006
Meeting Date: May 4,2006
Ordinance 6,2006
Petition: C0-04-03
was built, altered or repaired.
o The proposed ordinance shall operate in conjunction with the standard
Florida Building Codes.
o The City's Code Enforcement Officers are authorized to inspect from time to
time all dwellings, hotels, rooming houses, and commercial, industrial and
institutional structures.
o Inspections may be made at any time if there is reason to believe that
violations which present an immediate threat to the health, safety and welfare
exist.
o The City may also use the citation method for enforcing the provisions of this
code.
o The Code Enforcement Special Magistrate shall have jurisdiction to hear and
decide cases in violation of this code. . Maintenance and appearance standards for all structures:
o Owners and operators of all real property within the City shall maintain the
exterior of their property in compliance with the standards of this code.
. Inspection.
. Code Enforcement Special Maaistrate alternative means of enforcement.
. . . . . .
. . .
8 .
No obvious deterioration of the exterior.
Painted and free of graffiti.
Off street parking surfaces shall be in good repair and smooth
surfaced.
One principal color unless othewise approved by City Council.
Property shall be free of weeds, rubbish and refuse. Landscaping
shall be maintained in good condition.
No outdoor storage of debris or unsuitable equipment viewable from a
public right-of-way and adjacent properties. Outdoor storage areas
shall be maintained in a clean, neat and presentable manner and shall
be confined to the required side yard setback between a building and
adjacent street or adjacent building.
No accumulation of stagnant water is allowed.
The exterior of the property shall be maintained free of hazards.
Structures shall be kept in a clean, neat and sanitary condition and
good state of repair.
Owners and operators shall prevent unsanitary conditions from
developing due to animal waste or nuisances resulting from animals.
Repairs and installations shall comply with the Florida Building Code
and shall proceed in a timelv fashion and a workmanlike manner. . Responsibilities of owners' and operators oi dwellings, hotel, and rooming houses for - let:
o Owners or operators shall be responsible for sanitary and safe maintenance
of all equipment, furnishings, walls, floors, ceilings, and other building parts
and the entire premises.
o Owners or operators shall maintain shades, draperies or other devices which
will afford privacy to the occupants.
o Owners or operators shall be responsible for the prompt and sanitary
3
Date Prepared April 25,2006
Meeting Date: May 4,2006
Ordinance 6,2006
Petition: CO-04-03
disposal of all garbage and trash through the use of approved mechanical
equipment or by placing same in required containers as provided by
applicable law.
ANALYSIS
It is staffs position that the creation of minimum property maintenance standards is
particularly important in subdivisions that have neither homeowner nor property owner
associations with clearly defined standards of maintenance. Currently, there are no clear
and objective standards that staff can provide to the general public for a significant portion
of the City. The proposed ordinance creates these standards for both residential and
commercial properties that predate existing Land Development Regulations and
Development Orders.
Adoption of the proposed ordinance is an important strategy which staff strongly believes
will empower existing neighborhoods by providing objective standards for the maintenance
and preservation of residential and commercial properties.
NEIGHBORHOOD PRESERVATION INITIATIVE
Staff developed the Neighborhood Preservation Initiative (NPI) as a means to garner
support for Ordinance 6, 2006. Staff proposes a comprehensive outreach campaign for
the NPI in order to inform residents and businesses of the merits of having property
maintenance standards as set forth in the proposed ordinance. The first important element
of this outreach campaign is to solicit input and comments from advisory boards in order to
insure that the proposed ordinance will serve the City’s needs.
Secondly, staff would work to create a pool of resources for residents who aren’t capable
of complying with the standards without assistance. This pool would include access to
resources such as paint, labor and materials through cooperation of local businesses and
civic groups.
The third element is to create awareness of the NPI through pamphlets, mailings,
newsletters, news articles and public forums. Detailed information and applications would
be posted on the City’s website. Staff would also be available for one-on-one
communication with interested individuals. Opportunities to present the merits of property
maintenance standards to HOAs and POAs would be sought as well.
Lastly, staff has developed an implementation plan which consists of input and
recommendations from advisory boards before presenting the ordinance to City Council for
first reading and eventual adoption. After adoption, staff would continue the public
outreach campaign during a proposed six month grace period. Full implementation of the
property maintenance standards would then follow in fiscal year 2006-2007.
4
Date Prepared April 25,2006
Meeting Date: May 4,2006
Ordinance 6,2006
Petition: C0-04-03
COMMUNITY AESTHETICS BOARD
Staff presented the proposed ordinance to the Community Aesthetics Board (CAB) on
June I, 2005 for initial comments and discussion detailed below:
Will the proposed ordinance address structural as well as landscaping of residential
property? . Yes.
What is the time period proposed to implement the ordinance? . Staff proposes a six-month period as outline in the attached implementation schedule
for the Neighborhood Preservation Initiative.
Will the proposed ordinance limit the colors a person could paint their home? . No, there is no provision for restricting colors for painting the exterior of a home.
Will homes be required to have the address numbers displayed on them?
Yes, this is currently addressed in the Land Development Regulations.
Will there be landscaping requirements in the proposed ordinance? . Yes. The landscaping requirements will provide for maintenance to be performed in
order to keep the vegetation healthy, neat and manicured.
How will compliance of the proposed ordinance be monitored? . Staff will hire two new Code Enforcement Officers and will cross-train existing staff to
be well-versed in inspections, cost-estimation, and resource allocation in order to assist
residents through the compliance process.
On July 6, 2005, the CAB expressed the following concerns regarding the proposed
ordinance:
Residents should state the proposed color for painting their home before a grant
application would be approved.
If a grant program is implemented, this information can be acquired during the
inspection and pre-application phases.
How will Ordinance 6 relate to homeowner's articles of covenants? . The City's ordinances are laws enacted by the City Council; a POAs standards are
5
Date Repand April 25,2006
Meeting Date: May 4,2006
Ordirumcc 6,2006
Petition: C0-04-03
private agreements between the residents and their association. Staff enforces only
the ordinances and not these private agreements. If desired by Council, additional
regulatory and clanfying language can be added to the draft ordinance.
The ordinance should contain a color palette and that a staff member with an architectural
background should e tasked with approving any artistic improvements. . Staff recommends against the creation of a City-mandated color palette. It is strongly
believed that this action would undermine support from the community and possibly
render the Ordinance unenforceable.
Staff should recommend, but not dictate colors for painting homes in the proposed
ordinance. . Staff agrees.
Them should be a list of colors that would not be approved as opposed to dictating which
colors would be approved. . This is a possible alternative. However, it may have the appearance of being over
regulatory as well and would undermine the support from the community.
The Board would be comfortable acting as the clearinghouse for home improvement grant
applicants.
= Staff agrees.
At the conclusion of the meeting, the CAB recommended approval of the proposed
Ordinance 6-0.
SUMMARY OF COMMENTS FROM THE PLANNING, ZONING AND APPEALS BOARD
WORKSHOP
On June 14, 2005, Staff presented the proposed ordinance for discussion to the Planning
Zoning and Appeals Board. The following comments and suggestions were received and
incorporated into the proposed ordinance:
Staff should conduct meetings with commercial property managers, homeowner
associations and brief them on the positive benefits of the ordinance now as they are in
the budget planning phase and they will need to consider how to allocate funds for
maintenance.
Staff has compiled a list of property managers and homeowner association
contacts. There are plans to conduct informational meetings as part of the public
relations campaign with these individuals in order to garner support for the
proposed ordinance
6
Date Prepared April 25,2006
Meeting Date: May 4,2006
Ordinance 6,2006
Petition: C0-04-03
How will information regarding the NPI be disseminated? How will the strategy be
developed for the proposed ordinance? . There are plans to use direct mail, town hall meetings, CityLine and the City’s
website in order to disseminate information about the proposed ordinance.
Compliance activity will begin by town hall meetings, presentations before HOAs,
property managers, the Chamber of Commerce and all other interested groups.
Does the proposed ordinance close loopholes that allow non-compliant conditions to
exist on properties without specific conditions of approval? Does the ordinance
address all issues that are currently un-enforced in the existing code? . The proposed ordinance addresses many loopholes without becoming over-
regulatory. The proposed ordinance addresses many areas of the code which are
vague or un-enforceable. As other areas of the code become identified as outdated
or ineffective, they can be amended to reflect modern conditions.
Does the ordinance contain specific technical specifications on certain non-compliant
issues? . The proposed ordinance does not contain technical specifications. It was felt by
staff that technical information would be unnecessary and cumbersome.
How does the ordinance affect the intended operation of drainage swales? . The proposed ordinance does not adversely affect the way in which the City’s
drainage swales are designed to operate.
Please elaborate on the Delray Beach model? . The Delray Beach Model is called the Bootstrap Program with an annual budget of
$75,000.00 generated from City revenue. It was created to help residential property
owners improve the exterior of their homes. The program identifies certain areas
each year so that whole neighborhoods can be improved. Their focus will be on the
paint-up/fix-up portion of the program which includes simple repairs, paint jobs, yard
clean-up and simple landscaping work. They provide an eligible resident with up to
$4,500 to help pay for improvements. Some households may qualify for a full grant
while others may qualify for a matching grant. Eligibility is determined by the
number of people living in the house and the total income for the household.
Has Delray Beach been successful with their program? . Discussions with Staff from the City of Delray Beach’s Community Development
Division indicate a very high degree of success.
7
Date Prepared April 25,2006
Meeting Date: May 4,2006
Ordinance 6,2006
Petition: C0-04-03
How will properties which refuse to comply be addressed? . As with any other provision of code, non-compliant property owners will be cited
through either the standard Code Enforcement process or through the use of Code
Enforcement Citations.
The language in section 34-727 (Notice to remedy) which provides for recovery of
expended funds should be incorporated into the new ordinance or put back in Chapter
34.
Staff and the Legal Department believe that this language is antiquated and
unnecessarily reproduces the cost recovery process in effect under the existing
Code Enforcement Special Magistrate process.
How will the ordinance address properties that have approved stabilized grassed
parking areas? . Stabilized grassed parking areas will be required to be maintained in a clean, and
orderly fashion and kept free of litter and debris.
Is there a quantitative definition of infestation? . No. There is no quantitative definition of infestation in the proposed ordinance or in
the International Property Maintenance Code. Infestation is defined as the
presence of insects, rodents or other vermin within or contiguous to a structure or
premises.
For repairs that must comply with the Florida Building Code, will permits be required for
all work? . The scope of the work to be performed as determined by the Building Official will
determine the necessity of building permits.
Is it necessary to require blinds, drapes etc in the proposed ordinance? . Under minimum housing standards for residential rental dwellings, owners are
required to afford privacy to the occupants. As the proposed ordinance is congruent
with accepted minimum standards for housing, staff believes it is necessary and
appropriate to include this language.
Would the proposed ordinance take priority over established homeowners’ association
articles? . The proposed ordinance is intended to supplement homeowners’ association
articles. It is Staffs position that common ground for compliance with the proposed
ordinance and existing homeowner‘s articles can be found.
8
Date Prepared April 25,2006
Meeting Date: May 4,2006
Ordinance 6,2006
Petition: C0-04-03
Is there any mechanism or process for the City to require an HOA to amend their
articles to be stricter?
9 Staff is unaware of any mechanism or process which gives a municipality such
authority.
Has the proposed ordinance passed legal scrutiny? . The proposed ordinance has been reviewed by the City’s legal Department and is
acceptable.
How does the proposed ordinance address graffiti? . Graffiti will be more comprehensively addressed in a different ordinance. However,
there is a requirement in the proposed ordinance that the exterior of structures be
maintained free of graffiti.
How will individuals and properties be determined for eligibility for funds, labor and
material assistance ? . This is currently under review by Staff. Individuals and properties can be reviewed
by an independent citizen board or by staff to determine eligibility.
Will the Code Enforcement Division have sufficient staff to enforce the proposed
ordinance? Will the two additional positions be enough? . Currently, there are three Code Enforcement Officers for the City. Two additional
positions have been approved in fiscal year 05-06. It is anticipated that this level
will be sufficient for adequate enforcement.
Staff should develop a list of willing participants (banks, businesses, civic groups, efc)
and use this when they approach individuals that may need assistance. . Staff is currently assembling a database of individuals and groups to approach
regarding becoming partners in the Neighborhood Preservation Initiative.
How will staff prevent irresponsible HOA’s from shirking their responsibilities and
dumping compliance issues on City staff? . Any HOA that failed to honor its responsibilities may be cited through the Code
Enforcement Process in the same manner as an individual for failure to comply.
PROPOSED TEXT CHANGES
In response to input from the PZAB, Staff proposes that the definition of infestation in
9
Date Prepared April 25,2006
Meeting Date: May 4,2006
Ordinance 6,2006
Petition: CO-04-03
section 79-2 be amended to include the phrase, “within or contiguous to a structure or
premises”, and section 79-5 (a) (3) be amended by adding, “or other surface or material
approved by the City”.
After review of comments from the PZAB and the CAB, staff proposes that the language in
79-6 be deleted in order to eliminate the conflict with the existing LDR and to provide some
latitude for homeowners with noncompliant address numbers approved by development
orders or HOA articles.
ECONOMIC DEVELOPMENT ADVISORY BOARD
On September 8, 2005, Staff presented the draft ordinance to the Economic Development
Advisory Board for initial comments. The following comments were received:
If a Property Owners Association’s (POA) standards conflict with the draft ordinance,
which one takes priority? The draft ordinance is vague on landscaping maintenance
requirements. . The City’s ordinances are laws enacted by the City Council; a POAs standards are
private agreements between the residents and their association. Staff enforces only
the ordinances and not these private agreements. If desired by Council, additional
regulatory and clarifying language can be added to the draft ordinance.
With regards to the Delray Beach model, who chooses the location, and how could the
same methodology be applied here? . The local government makes the decision through their PZAB or CRA based on a
needs assessment by staff. Inspections by staff, and applications from the public in
a similar manner like the Military Trail Grant Program would be the most practical
methods.
The pilot program is a good idea. County Commissioner Marcus has suggested that
there should be a Community Redevelopment Agency (CRA) in the North County and
Palm Beach Gardens should take the lead. . Staff can research the needs and requirements for the creation of a CRA.
How will implementation of the draft ordinance affect the business community? . Existing commercial structures will be inspected and offered the same level of
professional service as homeowners. Maintenance of commercial structures also
contributes to the health, safety and welfare of the public who visit these facilities.
In addition, Staff solicits the support of the business community as partners and
possible resources for material, labor and funding.
The ordinance should not contain a City-mandated color palette.
10
Date Prepared April 25,2006
Meeting Date: May 4,2006
Ordinance 6,2006
Petition: C0-04-03 . Staff agrees that a City-defined color palette would be counterproductive to the
effectiveness of the proposed ordinance.
What is the legal definition of “blight”? Can the draft ordinance address it based on the
recent Supreme Court ruling?
9 The term “blighted” as used in this ordinance is undefined. Therefore the meaning
is that set forth in normal usage: conditions having a deleterious or negative effect
on a neighborhood or community.
The NPI is beneficial in helping “older neighborhoods” meet the standards in the draft
ordinance, but how can we help them maintain the standards? . This can be accomplished by regular inspections and compliance activity by staff
supplemented by legal agreements between the City and the property owner if a
grant and assistance program is implemented.
The ordinance is vague and should contain more specifics. . More specific language can be added if so desired by Council.
Increase public education for issues such as the draft ordinance. . The attached outline provides a schedule for a public information and outreach
campaign to gather support for Ordinance 6. If successful, a similar methodology
can be used for other important issues
On November IO, 2005, staff returned to the EDAB to receive follow up comments and
answer any additional questions regarding the proposed ordinance. No further comments
or concerns were expressed.
FIRST READING
On April 6, 2006, council meeting, Vice Mayor Jody Barnett requested, with council
concurrence and approval, that additional language be added to the Ordinance. The
changes are as follows:
Section 79-5 to read “Maintenance and appearance standards for all structures and .. landscapin@’
Section 79-5.a.5 to read “Property adjacent to dwelling structures shall be kept free from
growth of weeds, rubbish, trash, and other refuse, and-landscaping shall be maintained in
good condition consistent with the requirements of section 78-329 of the Code of
Ordinances”.
Both of these changes have been incorporated into Ordinance for second reading.
11
Date Prepared April 25,2006
Meeting Date: May 4,2006
Ordinance 6,2006
Petition: CO-04-03
STAFF RECOMMENDATION
Staff recommends APPROVAL of Petition CO-04-03/0rdinance 6, 2006, with the
implementation period of six month from the date of approval. The Ordinance contained in
this agenda packet indicates an immediate effective date. Staff has prepared the attached
proposed amendment which will delay implementation until November 1, 2006.
12
Proposed Amendment to Ordinance 6,2006
Property Maintenance Standards
SECTION 6. This Ordinance shall become effective
on November 1,2006.
Date Prepared: June 20,2005
As Amended @ First Reading: April 6,2006
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ORDINANCE 6,2006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA CREATING A NEW CHAPTER 79 OF
THE PALM BEACH GARDENS CODE OF ORDINANCES TO BE
ENTITLED “PROPERTY MAINTENANCE STANDARDS”;
REPEALING SECTION 86-27, CODE OF ORDINANCES, ENTITLED
“HOUSING CODE ADOPTED”; REPEALING SECTIONS 34-123
THROUGH 34-128 OF ARTICLE V, CODE OF ORDINANCES,
ENTITLED “WEEDS, RUBBISH, UNSANITARY CONDITIONS”;
PROVIDING FOR CODIFICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council directed staff to develop standards to ensure the
maintenance of minimum property standards for residential and commercial properties;
and
WHEREAS, staff has developed such standards and recommends that this
Ordinance be adopted; and
WHEREAS, staff believes that such standards shall serve to promote the health,
safety, aesthetics, and welfare of the citizens and residents of the City of Palm Beach
Gardens; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interests 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. A new Chapter 79 of the City of Palm Beach Gardens Code of
Ordinances to be entitled “Property Maintenance Standards” is created to read as
follows:
Chapter 79. Property Maintenance Standards
Sec. 79-1. Purpose and scope.
The purpose of this chapter is to establish uniform minimum standards for the
occupancy and maintenance of dwellings, hotels, and rooming houses, as well as
commercial, industrial, and institutional structures located in the City of Palm Beach
Date Prepared: June 20,2005
Ordinance 6,2006
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Gardens. The objective of the standards of this chapter is to improve, preserve, and
maintain the buildings and structures of the City and to eliminate blighting influences,
wherever possible. Every building or structure in the City that is subject to the
provisions of this chapter shall conform to the requirements of this chapter regardless of
when the building or structure may have been constructed, altered, or repaired. This
chapter does not replace or modify standards of other codes or ordinances regulating
the construction, replacement, or repair of buildings or unsafe structures, but shall
operate in conjunction with the standard Florida Building Codes and all other technical
codes as adopted by ordinance.
Sec. 79-2. Definitions.
The following definitions shall apply in the interpretation and enforcement of this
chapter:
Building. Any structure that encloses a space used for sheltering any occupancy. Each
portion of a building separated from other portions by a fire wall shall be considered as
a separate building.
Deterioration. The condition or appearance of a building, or parts thereof, characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting, or other evidence of physical
decay, neglect, or lack of maintenance.
Dwelling. Any building which is wholly or partially used or intended to be used for living,
sleeping, cooking, eating, and sanitation, providing that temporary housing as
hereinafter defined shall not be regarded as a dwelling.
Garbage. The animal and/or vegetable waste resulting from the handling, preparation,
cooking, and/or consumption of food; and wastepaper, plastic, or related materials used
in the packaging and preparation of foods.
Good state of repair; good repair. A structure which is safe and habitable for its
ordinary and intended use, and the materials used therein, or any fixture related thereto,
must be sound, stable, and performing the function for which intended.
Good condifion. The item is fully and safely operable for the use for which it was
intended.
Hotel unit. Any room or group of hotel rooms forming a single habitable unit used or
intended to be used for living and sleeping and which may not be used for cooking and
eating. For the purpose of this chapter, motel units and dormitory-type sleeping
accommodations shall be included in this category.
Infestation.
contiguous to a structure or premises.
The presence of insects, rodents, vermin, or other pests within or
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Ordinance 6, 2006
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Nuisance. Anything that endangers life or health, gives offense to the senses, obstructs
reasonable use of any property, or any act or activity prohibited by general, special, or
local laws.
Occupant. Any person living, sleeping, cooking, or eating in, or having actual
possession of a dwelling, dwelling unit, hotel unit, or rooming unit.
Operator. Any person who has charge, care, or control of a building or structure, or part
thereof, which is subject to this Code.
Owner. Any person who alone or jointly has legal title to any building or structure, or
part thereof, which is subject to this Code.
Person. Any individual, firm, corporation, association, partnership, or other legal entity.
Rooming house. Any building or portion thereof containing guest rooms where rent is
paid and guests are not transient. For the purpose of this chapter, boarding houses are
included in this category.
Rooming unit. Any room or group of rooms forming a single habitable unit used or
intended to be used for living and sleeping, but including a kitchen.
Rubbish. All combustible and noncombustible waste materials, except garbage,
including, but not limited to, non-operating toys, bicycles, motorcycles, automobiles,
mechanical equipment, and machines, or parts thereof.
Structure. That which is built or constructed.
Temporary housing. Any tent, trailer, or other structure used for human shelter which is
designed to be transportable and which is not attached to the ground, to another
structure, or to any utilities systems on the same premises for more than thirty (30)
consecutive days.
Sec. 79-3. Inspection.
(a) The City of Palm Beach Gardens Code Enforcement Division, through its code
inspectors, is hereby authorized to inspect, from time to time, all dwellings, hotels,
rooming houses, and commercial, industrial, and institutional structures that are subject
to the minimum property standards of this chapter. When a code inspector is required
to enter onto private premises to make an inspection, he/she shall do so with the
consent of the owner, operator, lessee, or occupant. In the event consent to enter the
premises is withheld, the code inspector may make application to the proper court for an
order allowing access to the premises.
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Ordinance 6,2006
(b) Inspection of all buildings or structures shall be made during reasonable hours.
If there is cause to believe an immediate threat exists to the health, welfare, or safety of
persons in or about any building or structure, an inspection may be made at anytime.
Sec. 79-4. Code Enforcement Special Master; alternative means of
enforcement.
The City of Palm Beach Gardens Code Enforcement Special Master, pursuant to its
authority under Chapter 2 of the City of Palm Beach Gardens Code of Ordinances, and
under Chapter 162, Florida Statutes, shall have jurisdiction to hear and decide cases in
which violations of this Code are alleged; provided, however, that alternatively, the City
may utilize the citation method of code enforcement or any other lawful means
available, at its discretion.
Sec. 79-5. Maintenance and appearance standards for all structures and
landscaping.
(a) The owner and operator of all real properties within the City shall maintain the
exterior of the premises in such a manner to conform with all City codes and
ordinances; to avoid blighting influences on neighboring properties; and to avoid the
creation of hazards to public health, safety, and welfare. Properties shall be maintained
in accordance with the following standards:
The exterior of all premises and every structure thereon, including all parts
of the structure and appurtenances where exposed to public view, shall be
maintained in good condition and shall not show evidence of deterioration,
weathering, discoloration, ripping, tearing, or other holes or breaks. All
screened enclosures shall be properly fitted and maintained. All other
surfaces shall be maintained free of broken glass, crumbling stone, brick,
or stucco, or other conditions reflective of deterioration or inadequate
maintenance.
All surfaces requiring paint or which are otherwise protected from the
elements shall be kept painted or protected. Painted surfaces shall be
maintained free of graffiti and void of any evidence of deterioration.
All off-street parking spaces shall be asphalt, concrete, block, or other
surface or material approved by the City, and shall be smooth surfaced
and in good repair in compliance with City codes.
Only one (1) principal color may be used on each structure, excluding
those used to accent architectural features and/or trim, except where more
than one (1) principal color is expressly approved by a separate
development order.
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Ordinance 6.2006
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Property adjacent to dwelling structures shall be ‘kept free from growth of
weeds, rubbish, trash, and other refuse, and landscaping shall be
maintained in good condition consistent with the requirements of Section
78-329 of the Code of Ordinances.
The entire yard where exposed to public view must be kept free of debris
and accumulations of property and equipment which present an unsightly
appearance from usual vantage points on adjacent streets and properties.
Outdoor storage and the area used for such storage shall be maintained in
a clean, neat, and presentable manner. Outside storage shall be confined
to the required rear or side yard setback between a building and an
adjacent street or building.
The exterior premises shall be maintained so as to prevent the
accumulation of stagnant water thereon.
The exterior premises shall remain free of hazards which include, but are
not limited to, the following:
a. Dead and dying trees and limbs.
b. Loose and overhanging objects which, by reason of location above
ground level, constitute a danger of falling on persons in the vicinity
thereof.
c. Holes, excavations, breaks, projections, or obstructions.
d. Excretions of pets and other animals on paths, walks, driveways,
parking lots, and parking areas, and other parts of the premises which
are accessible to or used by persons on the premises.
e. Inadequate runoff drains for stormwater.
f. Sources of infestation of rodents, vermin, and other pests.
(b) Structures shall be kept in a clean and sanitary condition and in a good state of
repair, including all equipment, sanitary facilities, yards, courts, driveways, lawns, and
shrubbery. The owner and occupant shall prevent the infestation of rodents, vermin,
and other pests within the structure he/she occupies or controls.
(c) The owner and operator shall prevent animals or pets from creating an
unsanitary condition or a nuisance on any premises in the owner’s or operator’s control.
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Ordinance 6,2006
(d) Repairs and installations shall be made so as to comply with the provisions of
the Florida Building Code and all other applicable regulations, laws, and/or codes. All
work shall proceed in a timely fashion and be done in a workmanlike manner.
Sec. 79-6. Responsibilities of owners and operators of dwellings, hotel units,
and rooming houses for let.
The owner or operator of every dwelling unit, hotel unit, or rooming house for let shall,
jointly and severally:
(1) Be responsible for the sanitary and safe maintenance of all equipment,
furnishings, walls, floors, ceilings, and other building parts, and the entire
premises, including yards, courts, driveways, lawns, and shrubbery.
(2) Provide shades, draperies, or other devices or materials for all windows which,
when properly used, will afford privacy to the occupants of the unit.
(3) Be responsible for the prompt and sanitary disposal of all garbage and trash
through the use of approved mechanical equipment or by placing all garbage
and trash in required containers; and disposal of rubbish, garbage, lawn and
shrubbery cuttings, leaves, and other waste material as provided by applicable
law.
SECTION 3. Section 86-27, Code of Ordinances, entitled “Housing code
adopted,” is hereby repealed in its entirety.
SECTION 4. Sections 34-123 through 34-128 of Article V, Code of Ordinances
entitled “Weeds, Rubbish, Unsanitary Conditions” are hereby repealed in their entirety.
SECTION 5. Codification of this Ordinance is hereby authorized and directed.
SECTION 6. This Ordinance shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Ordinance 6, 2006
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PASSED this le day of 3 f/Z IL , 2006, upon first reading.
PASSED AND ADOPTED this day of , 2006, upon
second and final reading.
CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT
BY:
Joseph R. Russo, Mayor
Jody Barnett, Vice Mayor
Eric Jablin, Councilmember
David Levy, Councilmember
Hal R. Valeche, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFl Cl ENCY
BY:
Christine P. Tatum, City Attorney
\\Pbgsfile\Attorney\attorney-share\ORDINANCES\property maintenance ord 6 2006 - as amended 4-6-06.doc
7
Section 86-27 Housing Code Adopted
*****
(a) The Standard Housing Code, latest edition, as published by the Southern
Building Code Congress International, Inc., is adopted by reference and made a
part of this code.
(b) The building official is designated as the housing official and the planning,
zoning and appeals board is designated as the housing board of appeals as
prescribed in the housing code adopted in subsection (a) of this section.
(c) In addition to the remedial action set forth in this chapter, the city may
enforce the housing code under the code enforcement procedures as provided in
section 2-186 et seq., either concurrently or in the alternative in the discretion of
the housing official, provided while an appeal to the housing board of appeals is
pending any action under the code enforcement procedures shall be stayed until
a final order is entered on such appeal.
(Code 1987, Q 150.02; Ord. No. 23-1 995; §§ 2, 3, 10-5-95; Ord. No. 43-1 997,§2, 10-9-
97; Ord. No. 38-2002,s 2, 10-3-02; Ord. No. 17-2004, § 5,6-3-04)
Article V, Chapter 34 “Weeds, Rubbish, Unsanitary Conditions”
*****
ARTICLE V. WEEDS, RUBBISH, UNSANITARY CONDITIONS*
Sec. 34-123. Notice to remedy conditions.
(a) Approval by cify manager. The director of public works shall initiate no
action pursuant to this section unless the city manager shall approve same in
writing.
(b) Issuance, contents.
(1) If the director of public works finds that debris, rubbish, trash, tin cans,
papers, or stagnant water have accumulated, or a dense growth of trees, vines,
underbrush, weeds, wild growth, or grass in excess of 12 inches in height from
the ground on vacant lands contiguous to developed residential lots or on
developed residential lots, or in excess of 18 inches from the ground on all other
lands, has developed on any lot, tract, or parcel of land within the city, to the
extent and in the manner that it constitutes or may reasonably become a menace
to life, property, the public health, or the public welfare; creates a fire hazard; or
provides a nest and breeding ground for sandflies, mosquitoes, rats, mice, other
rodents, snakes, and other types of pests and vermin, he shall request the city
clerk in writing to direct a notice to the owner of record of such property by
certified mail at his last known address as shown by the records of the tax
assessor of the city, advising that the aforementioned debris, rubbish, trash, tin
cans, papers, and the like, have been found to exist on the property described in
the notice and demand that the owner cause the condition to be remedied
forthwith or to authorize the city to have the work done on behalf of the owner at
his cost and as a lien against the property.
(2) The form shall detail the specific violations of which the owner is charged, that
information being obtained by the city clerk from the detailed request given him
by the director of public works, or a duly authorized member of the public works
department.
(3) However, if the city manager finds (upon his own initiative, or upon complaint
by the affected owner), that because of distance of the property in question from
improved property, or otherwise, that a unique condition exists whereby the
public interest does not require the enforcement of this article against the
property, the city manager may direct that the notice not be sent, or that the
notice be cancelled, as the case may be.
(c) Single-family dwellings. If there is an occupied single-family dwelling on the
property, a copy of the notice shall be served by an appropriate official of the city,
including but not limited to a police officer, upon the occupant of the property, or
upon any agent of the owner thereof. The mailing of the notice shall be sufficient
proof thereof and the delivery of notice to an occupied dwelling shall be
equivalent to mailing. If the mailing address of the owner is not known and the
property is unoccupied, and the owner has no agent in the city, the notice shall
be posted upon the property as notice to the owner thereof and a copy posted at
an appropriate location at the city hall. The form of notice to be used herein is
provided more specifically in subsection (e) of this section.
(d) Other occupancies. If there is a motel, multiple-family residence, commercial
or industrial building located on the property, a copy of the notice shall be served
on the manager of the motel or multiple-family residence, or upon the manager or
executive officer of any occupants of a commercial or industrial building. The
mailing of the notice shall be sufficient proof thereof and the delivery of notice to
those persons occupying the buildings shall be equivalent to mailing. If the
mailing address of the owner is not known and the property is unoccupied and
the owner has no agent in the city, the notice shall be posted upon the property
as notice to the owner thereof and a copy posted at an appropriate location at the
city hall. The form of notice to be used herein is provided more specifically in
subsection (e) of this section.
(e) Notice to owner. The notice to the owner, as required by this section, shall
be substantially in the following manner:
NOTICE OF PUBLIC NUISANCE
NAME OF OWNER
ADDRESS OF OWNER
Our records indicate that you are the owner(s) of the following property in the
City of Palm Beach Gardens, Palm Beach County, Florida:
(describe property)
An inspection of this property discloses, and I have found and determined, that a
public nuisance exists thereon so as to constitute a violation of section 34-121 et
seq. of the Code of Ordinances, in that:
(describe here the condition which places the property in violation)
You are hereby notified that unless the condition above described is remedied so
as to make it nonviolative of said Ordinance within days from the date hereof,
City of Palm Beach Gardens will proceed to remedy this condition and the cost of
the work, including advertising costs and other expenses, will be imposed as a
lien on the property if not otherwise paid within 30 days after receipt of billing. If
you do not agree with the above findings you may appear before the City Council
on (DATE)
City of Palm Beach Gardens, Florida
BY
Director of Public Works
Sec. 34-124. Hearing.
The notice to the owner as set forth in section 34-123(e) shall, among other
things, contain
a date and time certain upon which the property owner or his agent or
representative may appear before the city council; the date being not less than
ten nor more than 20 days from the date of the mailing or hand delivery of the
notice if the property is unimproved or occupied as a single-family residence and
no less than five nor more than ten days when the property is being used for a
motel, multiple-family residence, commercial or industrial purpose, to show the
council that the condition does not exist, or to show why the debris, rubbish,
trash, tin cans, paper, stagnant water, dense growth of trees, vines, underbrush,
weeds, wild growth, or grass in excess of 12 inches in height from the ground on
vacant lands contiguous to developed residential lots or on developed residential
lots, or in excess of 18 inches from the ground on all other lands, that have
developed on the lot or tract of land does not constitute a menace to life,
property, the public health, or the public welfare; or creates a fire hazard, or why
the condition should not be remedied by the city at the expense of the owner of
the property. At the hearing, the city and the property owner may introduce any
witnesses as deemed necessary.
Sec. 34-125. Authority of council at hearing to protest notice.
(a) If the property owner or his duly authorized agent elects to protest the notice
as set forth in section 34-124 and so appears at the designated meeting of the
city council as set forth in the notice to owner, the city council shall determine
conclusively whether the condition described in section 34-122 does or does not
exist and the determination shall be final.
(b) If the city council determines that the situation and condition as set forth in
section 34-122 and in the notice to owner does not exist, then the notice to owner
shall be considered forthwith null and void and of no effect, and no action shall
be taken by any agency of this city in regard to the condition at that time.
(c) If the city council determines that the condition described in section 34-122
and the notice to owner does exist, then from the date of the determination by the
city council, the owner shall have ten days to correct the condition. Upon the
failure of the owner to correct the condition within the ten days specified, the city
manager shall direct the appropriate agency of the city to correct such condition
as outlined in section 34-126 where no protest has been made.
Sec. 34-126. Abatement by city.
If the owner of the affected property or any agent acting on behalf of the owner
thereof fails to protest the action before the city council upon the date specified in
the notice to the owner and has failed to take corrective action as specified in the
notice before the date set for the protest hearing before the council, the city
manager may direct the appropriate agency of the city to cause the abatement of
the public nuisance by having the existing condition corrected by the appropriate
agencies of the city.
Sec. 34-127. Recovery of city expenses.
(a) Certification ofexpenses. After causing the condition as outlined in section
34-121 and by the notice to owner to be remedied in those cases where the
owner shall not voluntarily correct or remedy the condition, the director of public
works shall certify to the city the expenses incurred in remedying the condition
together with his certificate as to the condition of the property which necessitated
incurring the expense, and a copy will be directed to the owner of the affected
property, whereupon the expense shall become payable by the owner within 30
days.
(b) Lien of expenses; enforcement. If the owner or his agent fails to make
payment within the 30 days, the expense shall become and constitute a lien and
charge upon the property, which shall be payable, with interest at the rate of six
percent per annum, from the date of the certification until paid, at the time ad
valorem taxes on the property become due and payable to the city, and which
expense and charge shall be a first and prior lien against the property, subject
only to the lien for taxes due the county and state, and of the same character as
the lien of the city for municipal taxes. Upon failure of the owner of the property to
pay the lien it may be enforced in the same manner as tax liens in favor of the
city.
(c) Right to hearing. Any property owner shall have a right to have a hearing
before the city council to show cause, if any, why the expenses and charges
should not constitute a lien against the property. However, the finding by the city
council that the condition described in section 34-122 and notice to owner thereof
exists, shall be final.
Sec. 34-1 28. Records.
The city shall keep a complete set of files and records relating to the liens
authorized by this article.
NEIGHBORHOOD PRESERVATION INITIATIVE
ORDINANCE 6,2006
PRESENTATION OUTLINE
I.
II.
Introduction, history and purpose of Ordinance 12,200510rdinance 6,2006
Creation of Neighborhood Preservation Initiative
a. Goals of initiative
i. Neighborhood enhancement
ii. Maintain and improve property value
iii. Health, safety and welfare issue for all Gardens residents
iv. Implement standards but offer resources for residents who aren’t capable of
complying with the standards without assistance (Le. financial assistance, labor)
Ideas include:
1. Paint - Solid Waste Authority
2. Labor - Christ Fellowship, Temple Judea, United Way, City Volunteer
Program
3. Funding - Bank partnerships, Grant opportunities (Military Trail Grant
Program), Business partnerships through EDAB
b. Public Information Campaign
i. Create awareness about the positive impact standards will have on community
1. PamphletslMail pieces
2. NewsletterlNewspaper articles
3. Website
4. One-on-one meetings with residents & businesses
5. Public forums
6. Direct communication with those who have contacted City and expressed
interest in this type of project
7. HOAslPOAs
ii. Possible Pilot ProjectlBusiness Partnership
iii. Look at Delray Beach Model
Ill. Implementation Plan
a. Meetings with Advisory Boards for input on project
i. PZAB June 14,2005
ii. CAB June 1,2005
iii. EDAB September 8,2005
i. PZAB June 28,2005 approved 52
ii. CAB July 6,2005 approved 6-0
iii. EDAB November IO, 2005 comments given
i. First Reading April 6,2006
ii. Adoption May 4,2006
b. Follow-up meeting with Advisory Boards
c. City Council
d. Grace periodlPublic Education Campaign
e. Implementation November 1 , 2006
May 5,2006 thru October 31 , 2006
411 812006
City of Palm Beach Gardens
Council Agenda
May 4,2006
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo
Vice Mayor Barnett
Council Member Jablin
Council Member Levy
Council Member Valeche
J I.
/II.
111.
IV
.’ v.
k/ VI.
011.
VIII.
IX.
a.
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
May 4,2006
7:OO P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
ADDITIONS, DELETIONS, MODIFICATIONS:
ANNOUNCEMENTS / PRESENTATIONS:
a.
ITEMS OF RESIDENT INTEREST AND BOARDEOMMITTEE REPORTS:
CITY MANAGER REPORT:
COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, - please submit
request form to the City Clerk prior to this Item)
CONSENT AGENDA:
a.
PUBLIC HEARINGS:
Part I - Ouasi-iudicial
Recognition of Sid Forbes, Gardens Mall.
Approve Minutes from the April 6, 2006 Regular City Council meeting.
:ion 26.-21 RCA Center PUD Revisions to ADDroved Development
Eolut---- th e City of PalmBeachxardens
approving an amxst er Development Plan for the
ipproximately 30-acre RCA Center Planned Unit Development (PUD) (A.K.A
’Parcel 5B”), approved by way of Resolution 216, 2004, generally bounded b}
the PGA Flyover to the North, the Florida East Coast (FEC) Railway to the East
‘he Gardens Station PUD to the South, and RCA Boulevard to the West, as more
aarticularly described herein, to modify certain conditions of approval and tc
allow: a reallocation of square footage between certain buildings on site; revisec
botprints and elevations of certain buil&Ii@addition of a parking structure; anc
Ither minor changes to the site and landscape plans; providing additional waivers
iroviding additional conditions of approval; and providing an effective datt -
b.
' x.
tesolution 4 nting Conditional Use approval on the Vavrus Ranch
)I Resol ty Council of the City of Palm Beach Gardens, Florida
ranting Conditional Use approval for certain agricultural uses for the
pproximately 4,760-acre Vavrus Ranch site located approximately five miles
Vest of S.R. 710 (Beeline Highway) ora the North side of Northlake Bou'---ard
nd b- East of Grapeview Bou'--*ard, -; more particularly dpwibed 1
tnxriAinn m-mAitinnc of annrnxig nrl i irirlinu an pffprtivp AatP
Part I1 - Non-Ouasi-iudicial
---7 -- -- hdinance 6, 2006 - (2"' reading and Adoption)
ouncii fl Flmtdnnati
iIaXEnance-Staiiards in the Code of Ordinances. d mending the Property
Ordinance of the Cityp P a.
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 Off'ice 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
Mayor Russo
of Palm Beach Gardens
Council Agenda
May 4,2006
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Vice Mayor Barnett
Council Member Jablin
Council Member Levy
Council Member Valeche
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
May 4,2006
7:OO P.M.
I. PLEDGE OF ALLEGIANCE
11. ROLLCALL
0 111. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
a. Recognition of Sid Forbes, Gardens Mall.
V. ITEMS OF RESIDENT INTEREST AND BOARDKOMMITTEE REPORTS:
VI. CITY MANAGER REPORT:
VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
reauest form to the City Clerk prior to this Item) 7 !4
VIII. CONSENT AGENDA:
a. IPage 5) Approve Minutes from the April 6, 2006 Regular City Council meeting.
F-
a
IX. PUBLIC HEARINGS:
Part I - Quasi-iudicial
a. (Staff Report on Page 13, Resolution on Page 121) Resolution 26, 2006 - RCA
Center PUD Revisions to Approved Development Plans. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving an amendment to
the Master Development Plan for the approximately 30-acre RCA Center Planned
Unit Development (PUD) (A.K.A. “Parcel 5B”), approved by way of Resolution
216, 2004, generally bounded by the PGA Flyover to the North, the Florida East
Coast (FEC) Railway to the East, the Gardens Station PUD to the South, and
RCA Boulevard to the West, as more particularly described herein, to modify
certain conditions of approval and to allow: a reallocation of square footage
between certain buildings on site; revised footprints and elevations of certain
buildings; addition of a parking structure; and other minor changes to the site and
landscape plans; providing additional waivers; providing additional conditions of
approval; and providing an effective date.
b. Staff Report on Page 137, Resolution on Page 143) Resolution 49, 2006 - 9 Granting Conditional Use approval on the Vavrus Ranch site. A Resolution of the A ’&Is kity Council of the City of Palm Beach Gardens, Florida granting Conditional
Use approval for certain agricultural uses for the approximately 4,760-acre
Vavrus Ranch site located approximately five miles West of S.R. 710 (Beeline
Highway) on the North side of Northlake Boulevard and East of Grapeview
Boulevard, as more particularly described herein; providing conditions of
approval; and providing an effective date.
pa5 yJP /iu
8: 33
Part I1 - Non-Quasi-iudicial
a. (Staff Report on Page 155, Ordinance on Pape 168) Ordinance 6, 2006 - (2nd
reading and Adoption) Amending the Property Maintenance Standards in the
Code of Ordinances. An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida creating a new Chapter 79 of the Palm Beach Gardens Code of
Ordinances to be entitled “Property Maintenance Standards”; repealing Section
86-27 Code of Ordinances, entitled “Housing Code Adopted”; repealing Sections
34-123 through 34-128 of Article V, Code of Ordinances, Entitled “Weeds,
Rubbish, Unsanitary Conditions”; providing for codification; and providing an
effective date.
,X. RESOLUTIONS:
21 ORDINANCES: (For Consideration on First Reading)
ITEMS FOR COUNCIL ACTION/DISCUSSION: 8; 3 6 XII.
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 Oflice 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.
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.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print 7 Name: * Et&- 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: Al ,l(ak* 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.
5 4- a( COMMENTS FROM THE PUBLIC quest to Address City Council * Please Print Name: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print 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.
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.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print 6.. 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: ?.BIG’ I 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.
CITY COUNCIL MEETING 05/04/06
PROPOSED ADDITIONS, DELETION$ AND MODIFICATIONS
ADDITIONS:
DELETIONS.
MODIFICATIONS:
Under City Manager ReDort:
Staff updates - on-going projects.
Under Public HearinPs - Part I Ouasi-iudicial
Resolution 49,2006 - Granting Conditional Use
approval on the Vavrus Ranch Site.
The petitioner for the applicant has provided a
letter notifying us that the notices to the
surrounding property owners for this petition
were not sent “return receipt” as required by
Code Section 78-54 (2), and is asking for
postponement of this hearing until June 1”.
Subsequent to the receipt of this letter, the
petitioner has notified us that he is unable to
attend the June 1’‘ meeting and has asked for
postponement until June 15?
NONE
- P
May 04 06 02:17p EW CONSULTHNTS 5612872988 P.2
NA-TURAL RESOURCE MANAGEMENT, WETLAND, AND ENV~RONMENTAL PERMITTING SERVICES
E
CONSULTANTS, INC.
I
1
.,
May 4,2006
Mark Hendrickson
City of Palm Beach Gardens
‘10500 North Military Trail .
Palm BeachGardens, FL 33410 ’
RE: Resolution No. 49,2006; Vavrus Ranch .Agricultural Conditional Use
Dear Mark:
As a follow up to our conversation earlier ,today, unfortunately the mailing of notices to
.. . .sjmounding property owners for the above referenced-matter was not sent “return .
receipt”, and thus did not meet the City’s code requirement for this hearing. As such,
piease consider tbis letter a formal request on behalf of the agent, Tech Village Partners
II, for postfinernent of the hearing scheduled for this evening May 4,2006. ..
As we discussed, this letter also. constitute9 a formal request for this matter to be re-.
scheduled for hearing before the City Council at its meeting scheduled for June 1, 2006.
’ Understanding that this will require re-advertisement, my Client is wiIling to reimburse ’. /
I the City for these costs and upon‘your confirmation of scheduling for-that hearing date
.. ’ ’ we will prepare and transmit the “return r&ipt” mailing of notices to surrounding
, properiy owners in accordance with City code requirements.
Your coopefation and assistance in this matter are greatly,appreciated, and I apologize for‘ .
any inconvenience this may have caused you or the.City of Palm Beach Gardens, If you .
have any questions or require any firther information, plepse feel free to call me at your
convenience.
I
Sincerely, .
cc: Aimee Craig Car~son .
John Gary
2081 SE OCEAN BLVD., SUITE 2B STUART, PL’34996 772-287-8771 FAX 772-287-2988
www.ewconsultants.com ..
4
LAND DEVELOPMENT g 78-54
(c) Approvals. In granting any variance, the PZAB may approve such conditions and
safeguards deemed necessary to conform to the intent and purpose of this chapter. Violations
of such conditions shall be deemed a violation of this chapter. The board may also prescribe a
reasonable time limit to initiate the action granted by the variance and to complete such
action.
(d) Use variances prohibited. The PZAB, unless specifically authorized by this chapter,
shall not grant a variance to establish a use not allowed as a permitted use or conditional use
in any overlay or zoning district, or a use not allowed within a planned district. Evidence
nonconforming usea of neighboring lands, structures, or buildings in the same zoning district
or the permitted use of lands, structures, or buildings in other zoning districts shall not be
considered grounds for the authorization of a variance.
(e) Variance from development standards prohibited. The PZAB, unless specifically autho-
rized by this chapter, shall not grant a variance from the additional development standards of
section 78-169, afSecting permitting, conditional, or prohibited uses.
(0 Variances in planned developments. The PZAB shall not grant a variance within any
planned development, planned unit development, or planned community development overlay
zoning district. Any deviation from applicable requirements shall be granted as a waiver by the
city council.
(Ord. No. 17-2000, 0 30, 7-20-00; Ord. No. 17-2004, Q 5, 6-3-04) B Sec. 78-64. Publicnotice.
(a) Public notice. Public notice, including mail notice, posting of property, and newspaper
advertieing, shall be provided as required below and as indicated in Table 4. In the event of a
conflict between the table and the text, the requirements of the text shall prevail.
Table 4 Required Public Notice for Public Hearings
ated; 10 or > acren
Permitted. Conditional. or B
Supp. No. 17 CD78:49
Post(1)
10 Daya
10 Daya
10 Day
None
9 78-54 PM BEACH GARDENS CODE
None
16Days
r- Action
None
30Days
LDR llLxt Change:
Not Permitted, Conditional,
or Prohibited Uaee
Asrequired
by state law
Asrequired
by state law
Aurequired
bv lltata law
None 10 Days
None
10Daye
10Days
I
Mqjor conditional Ue 10Days lODays
Minor Conditional Uae 16 Days -
Small Scale Land Use Map
Change (Not city-initiated)
Comp Plm
TSrtChangeAerectiagPer-
mitted Uoem
Comp Plan:
Tbxt Change Not Meeting
Permitted Usee
Small Scak Land Uae Map
Change (city-initiated)
10 Day6 10 Drug
T 10Days 10Days
* 15 Daye(5)
15 Days I 10 Days
15Daya I 10Days
ciiy council
Newa-
10 Dayn
Prior to
ordinance
Adoption
(1)
(2)
(3)
Number of calendar days prior to date of public hearing.
Second public hearing held at least ten dap after ht public hearing.
The fir& public hearing must be held on a weekday, and both public hearings muat be held after 6:OO p.m.
unleee otherwise datermined by the city council.
Public hearinga must be held on a weekday.
Public notice for development review committee meetings require posting at the city hall complex only.
(4)
(6)
(b) Mail notice. Mail notice of all future land use map amendments, rezoning ordinances,
and development order applications shall be provided as indicated below.
(1) Contents. Unless otherwise provided herein, mail notice of a public hearing shall
contain the following information:
a.
b.
The title and sub~tance of the proposed ordinance or development order;
The time, date, and location ofthe public hearing for the planning, zoning, and
appeaie board;
The time, date, and location of the public hearing for the city council; c.
Supp. No. 17 CD7850
Page 1 of 1
Kara Irwin
From: Schweiss, Russell [Russell.Schweiss@MyFlorida.com]
Sent:
To : showard @pbcgov. com
Subject: Scripps
Thursday, May 04, 2006 2:05 PM
The overlay and the advisory commission alone are insufficient. An "overlay" merely means that a biotech use
is permitted, among other uses. Therefore, if the area that is in the overlay also has retail, office, commercial or
residential uses permitted, these other uses may crowd out the biotech if the owners believe they can make
greater profits from these uses, especially if predictions that it takes 10-20 years for the biotech uses to fully
develop are accurate. The advisory board has no real authority; it is merely advisory. It does not have any power
to do anything.
Among the things that the Governor is looking for are:
1. An actual binding agreement from the owners of Briger to fulfill their commitment to the Governor that they
will restrict 100 acres of their land for 2.4 million square feet of bioscience uses (this is supposedly part of the
Scripps Briger contract, but we have yet to see the final language to make sure it fulfills the Governor's vision);
2. Incentives from the County and local governments to owners of private property as part of developer
agreements to entice the property owners to volutarily restrict some of their land for biotech uses. These
incentives can include rebates or waivers of certain locally-imposed fees, expedited permitting, amendments of
comprehensive land use plans or zoning to benefit the property, reductions of the local portion of real property
taxes, etc.;
3. Local business development boards and governments can work on developing economic development grants
to attract bioscience industries;
4. And the items identified in the Governor's February 23,2006, letter to Chairman Masilotti.
Russell
51412 0 0 6
CITY OF PALM BEACH GARDENS
MEMORANDUM
Ron Ferris, City Manager I To: cc: Mayor and Council Members
Christine Tatum, City Attorney
DATE: May 4,2006
FROM:
SUBJECT: Frenchman’s Reserve UDdate
Todd Engle, Director of Construction Services
Overview:
The City conducted a meeting with several residents of Frenchman’s Reserve concerning
Toll Brothers’ construction of new and existing homes within this development. The
items discussed were possible Florida Building Code issues, construction quality and
workmanship, timely completion of these homes, punch list and warranty items. It was
agreed that the City would look into these items, in particular any possible Florida
Building Code issues.
Status:
Over the last few weeks, I had several phone conversations and meetings with the
residents, the City’s inspectors and Building Official, Toll Brothers, and material
suppliers. The meetings with Ron Blum, Vice President of Toll Brothers, were
productive and Toll Brothers committed to fixing any legitimate issues having to do with
new or existing construction. Since that time I have received positive responses from
some of the residents. I also have conducted on-site inspections with the City’s building
inspector who conducts inspections in Frenchman’s Reserve to address some of the
possible Florida Building Code issues. Some of the major items that were reviewed,
along the respective findings, are listed below:
1. Staircase attachment - Staff has reviewed the staircase attachments, the City’s
building inspector had previously required the contractor to provide additional
attachments during the original inspection of the staircases. In the most recent
inspection, it was determined that the current attachment system for the staircases is
acceptable and no hrther correction is required.
2. Staircase riser and treads - Staff reviewed this issue and it was determined that
there were a few homes that require correction on some staircase treads, in order to meet
the Florida Building Code. Toll Brothers was made aware of this issue and has
committed to correct the staircase riser and treads as soon as work could be scheduled.
Page 1 of 3
The repairs range from rebuilding the first few treads to total removal and replacement of
the stair system.
3. Truss attachments and strapping - The Building Division requires that an engineer
conduct an inspection and provide a certification letter for the truss assemblies installed
in residential homes. The certification for the house in question was received on
3/17/2005 from Professional Engineering and Inspection Company, Inc., and is available
for review upon request. Toll Brothers advised me that they will check into the truss
attachments and will make any corrections that are necessary.
4. Air conditioning ducts - The Florida Building Code allows for an air-conditioning
contractor to design and install residential air-conditioning systems, which is the case
within Frenchman’s Reserve. The requirements for design and installation generally
include that the system be properly sized to provide the correct air flow to meet the
calculated air flows for the structure, all flow and return duct work be sealed and able to
provide the proper flows, the air handler box be airtight, the duct system be supported
properly by strapping or ceiling joist and all mechanical equipment installed and
operating per the manufacturer’s specifications. The air conditioning ducts and entire
WAC system were inspected by our building inspector, reviewed again in a field
meeting held onsite and copies of pictures provided by a resident were also reviewed. It
was determined that the system is in compliance with the applicable codes and
manufacturer’s specifications. This particular home has not been completed and will be
inspected again once the contractor is ready and calls for the final inspection.
5. Window installation - All window installation for new construction is inspected by
the City’s building inspectors to be consistent with the manufacturer’s specifications for
each specific window. In a few cases the window installation did not pass the first
inspection and repairs or reinstallation were required. Staff also contacted PGT
Industries (the window manufacturer) to discuss the window installation methods within
Frenchman’s Reserve. Although they did not visit the site as requested, I explained the
installation methods being used at Frenchman’s Reserve for both masonry and wood
construction to the product engineer who stated that the installation was in accordance
with their anchoring requirements and specifications.
6. Insulation - After meeting with Toll Brothers, their insulation contractor inspected
the house in question. It was discovered that the required depth markers were missing
and some areas had deficient insulation. The insulation contractor is scheduled to
reinstall the depth makers and blow more insulation to the proper depth.
The City of Palm Beach Gardens Building Division is charged with reviewing plans and
inspecting construction activity to ensure life safety through compliance with the Florida
Building Code. The Florida Building Code does not dictate quality of construction or
project management. The Code only addresses life and safety standards as they relate to
the construction of a structure and related appurtances. It is the job of the individual
contractors and developers to address quality control measures and workmanship in the
completion of each individual trade and all other contract obligations. Toll Brothers
Page 2 of 3
*
advised me that they take these issues very seriously and are committed to addressing all
issues related to the Florida Building Code, contracts, warranty and/or workmanship
related to the new homes or existing homes currently under warranty.
The City will continue to conduct inspections on all required items to ensure they meet
Florida Building Code requirements and are fully compliant before a Certificate of
Occupancy is issued - a contingency of sale from the developer to a private individual. I
consider all items compliant with the Florida Building Code and these issued closed, with
the exception of the staircases and review of the truss strapping, both of which are being
addressed by Toll Brothers.
Should you have any questions, please contact me at 804-7012.
Page 3 of 3
Message Page 1 of 1
Kara Irwin
From: Schweiss, Russell [Russell.Schweiss@MyFlorida.com]
Sent:
To: showard@pbcgov.com
Subject: Scripps
Thursday, May 04, 2006 2:05 PM
The overlay and the advisory commission alone are insufficient. An ''overlay'' merely means that a biotech use
is permitted, among other uses. Therefore, if the area that is in the overlay also has retail, office, commercial or
residential uses permitted, these other uses may crowd out the biotech if the owners believe they can make
greater profits from these uses, especially if predictions that it takes 10-20 years for the biotech uses to fully
develop are accurate. The advisory board has no real authority; it is merely advisory. It does not have any power
to do anything.
Among the things that the Governor is looking for are:
1. An actual binding agreement from the owners of Briger to fulfill their commitment to the Governor that they
will restrict 100 acres of their land for 2.4 million square feet of bioscience uses (this is supposedly part of the
Scripps Briger contract, but we have yet to see the final language to make sure it fulfills the Governor's vision);
2. Incentives from the County and local governments to owners of private property as part of developer
agreements to entice the property owners to volutarily restrict some of their land for biotech uses. These
incentives can include rebates or waivers of certain locally-imposed fees, expedited permitting, amendments of
comprehensive land use plans or zoning to benefit the property, reductions of the local portion of real property
taxes, etc.;
3. Local business development boards and governments can work on developing economic development grants
to attract bioscience industries;
4. And the items identified in the Governor's February 23,2006, letter to Chairman Masilotti.
Russell
5/4/2006
Proposed Amendments to Ordinance 6,2006
Property Maintenance Standards
SECTION 6. This Ordinance shall become effective 9
on November 1,2006.
Page 5 line 4 Add: Provided however, that the irriqation requirements of
Section 78-329 shall not be interpreted to require existinq residential properties
to install irrigation if such installation was not required at the time the property
was developed.
MEMO
FROM: Eric Jablin
TO: Mayor and Council
Subject: Waivers
I would like to address the issue of waivers. It is my understanding that prior to the
year 2000 waivers were granted in this city to developers with no formal
requirement for justification. If they were requested the City Council with the
advise of planning and zoning and staff and after a public hearing either granted
them or not. Since the year 2000 a formal justification process was required in
order to even request a waiver and still it could only be granted by the City Council
after a public hearing process.
Waivers as a planning tool:
Sec. 78-158. Waivers to planned development district requirements.
(a) Purpose and intent. The purpose and intent of this section are to encourage
applicants for planned development, PUD, and PCD approval to propose residential
and nonresidential projects that are innovate, creative, and utilize planning, design,
and architectural concepts that will be of benefit to the City. The use of innovative
and creative techniques and concepts may require one or more waivers to the
development standards applicable to such projects. The City Council may grant one or
more of the requested waivers, provided community benefits such as architectural design,
pedestrian amenities, preservation of environmentally-sensitive lands, provision of public
parks and open space, or mixed uses which reduce impacts on City services are
demonstrated.
(b) Waivers permitted. An application for development order approval for a PUD or
PCD may include a request for waiver of one or more requirements of this chapter.
Requests for waivers shall comply with the requirements contained herein. For the
purpose of this Section, a waiver is defined as a reduction in a development standard or
other land development requirement normally required by this Chapter.
(c) Purpose and intent. The purpose and intent of this Section are to encourage the
use of PUDs and PCDs, as provided in Sections 78-154 and 78-155, in order to achieve
the benefits to the City and the property owner as described in those sections.
(d) Council.
Prohibited waivers. The waivers listed below shall not be granted by the City
(1) A waiver from the requirements of Division 2 of Article V, establishing
the PGA Overlay District.
Standards Applicable to Planned Developments, PUDs and PCDs
Architectural and Design Standards
(2) A waiver from the minimum requirements for preservation of
environmental sensitive lands as provided in Division 4 of Article V.
J
J
(3) management requirements established in Division 3 of Article III.
A waiver from any requirement associated with the City's concurrency
Engineering Standards
Permitted Uses within PUD or PCD
(e) Grunt of waivers. Waivers from requirements applicable to planned
developments, including PUDs and PCDs, shall be granted by the City Council,
following an advisory recommendation by the Planning, Zoning, and Appeals Board.
J
J
(f)
waivers as indicated in Table 20.
Waivers established. For the purposes of this Section, the City Council may grant
Supplementary District Regulations
Number of Required Parking Spaces and Size of Parking Spaces
Building Setbacks (fkont, side, side corner, and rear)
Lot Coverage, Size, Depth, and Width
Table 20: Waivers to Planned Developments
TABLE INSET:
J
J
J
J
Development Standard or Requirement City Council
Waiver I Building Height IJ I Sign Regulations IJ I Landscaping IJ I Open Space IJ
I Development Standards Applicable to Permitted and Conditional Uses I Minimum PUD/PCD Size
1 Height of Buffering and Screening Walls
I Others as provided by these Land Development Regulations I
(g) Residentid variances. Any reduction to a PUD or PCD development standard or
requirement applicable to an entire residential use or project shall occur only as provided
in this Section. However, the owner of a single-family dwelling may apply for a variance
to the applicable development standards, rather than apply for a waiver. The purpose of
this Section is to allow an owner or tenant to request a modification without the time,
effort, and expense associated with an application for a development order amendment.
(h) Application. All requests for a waiver shall be submitted in writing and shall
accompany a development application for planned development, PUD, or PCD approval.
Each waiver to planned development requirements or standards utilized in a development
application for approval of a PUD or PCD shall be identified by the applicant.
(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:
The request is consistent with the City's Comprehensive Plan.
The request is consistent with the purpose and intent of this Section.
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.
The request demonstrates that granting of the waiver will result in a
development that exceeds one or more of the minimum requirements for
PUDS.
The request for one or more waivers results from innovative design in which
other minimum standards are exceeded.
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.
he request clearly demonstrates public benefits to be derived, including, but
not limited to, .such benefits as nocost 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.
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.
(10) The request will be compatible with existing and potential land uses
adjacent to the development site.
(1 1) 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.
Typical Waivers over the past year (2005) include Parking spaces, setbacks,
signage, landscape buffers and building height in that order of frequency.
The vast majority of the waivers that were asked for and granted had to do with
Parkine %aces. Setbacks, signage, landscaping, and last on the list building height
followed 2"d 3 4 and a distant 5th in that order. rdtb
However, I do understand some people have concerns that because a waiver can be
granted by this City Council and that in the wrong hands this process could possibly
be abused and that the one category of waivers that seem to bother most people are
for building height. Consequently I would like to propose that our staff prepare a
planning study with the idea in mind to codify and permanently restrict areas
within the city that will not allow height waivers beyond x YO over what our code
allows and to recommend to us where in their professional opinion buildings similar
in height but no higher than the Medical Mall on PGA Blvd. might possibly be built
and codify that as well. The waiver process would still be in place and anyone
requesting a height waiver in any of these "zones " would have to go through the
same process as they do today.
I would hope that should we adopt such a plan we would make a process that has
been working well for many years even better.
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CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor and Council Members
cc:
DATE:
Ron Ferris, City Manager
Christine Tatum, City Attorney
May 4,2006
THROUGH: Jack Doughney
FROM:
SUBJECT: Sandalwood update
Todd Engle, Director of Construction Services
Overview:
After Hurricanes Frances and Jeanne in 2004, the Sandalwood Development sustained
damage to several of their units. These units required major repairs (i.e. roofing system, A/C
system, interior electrical, drywall, and finishes). In December 2004, Sandalwood’s HOA
approached the City of Palm Beach Gardens Building Department, inquiring as to how to
expedite the storm repairs in an effort to help residents return to their homes.
Consistent with the City’s hurricane permit policy, in effect as of December 2004, the
Building Official decided that the City would issue licensed contractors a blanket permit over
each quad unit for all repairs necessary. Sixty-two permits were issued to a roofing contractor
for roof construction including the flat deck roof, mansard, A/C curbing and A/C skirts
(screening). All other interior and A/C repairsheplacement permits were issued to a general
contractor and licensed sub-contractors. Formal documentation was submitted for the flat
deck roof system, but each unit was not required to submit formal documents for interior
improvements. Some units were required to be brought up to the latest building code, based
on the extent of damage (Le. interior electrical).
The City’s building inspectors conducted all normal inspections to ensure compliance with
applicable codes. This allowed for an efficient construction operation in order to expedite
storm recovery. It was not the City’s typical practice but, realizing the extent of damage, the
City used the hurricane permit policy, a copy of which is attached, to move quickly to allow
residents to secure their homes.
Status:
Over the last few weeks, City staff has worked to complete public records requests that
have been submitted by some residents of the Sandalwood community. These record
requests range from blue prints and engineering reports to inspection reports and permit
Page 1 of2
status. The majority of the requests have been filled but, due to the hurricane permit
policy which these repairs were permitted, some of this documentation was not received
by the Building Division and, therefore, is not available. I had a conversation with the
roofing contractor, Murton Roofing Corporation, in which their representative stated that
they are currently under contract with the HOA to do "whatever repairs are necessary to
all 62 buildings within the Sandalwood community." The Building Division is currently
working with Murton Roofing Corporation on how best to permit these repairs to include
all required engineering, testing and product approvals. These repairs will be done
through our regular permitting process and all required submittals will be received and
reviewed before any permit is issued. We will then follow our standard inspection
procedures to ensure all repairs meet the Florida Building Code, product approvals and
specifications and to certify completion of said repairs. The contractor indicated they are
scheduled to begin work in mid-June and estimated that work will be complete
approximately 6 to 8 weeks thereafter.
Clearly, this issue is evolving into a complex dispute between certain residents of
Sandalwood and the HOA. The State of Florida Department of Business and Professional
Regulation (DBPR) handles such disputes. Requests for mediation or arbitration or
disputes with HOAs can be made online to the Division of Land Sales, Condo and
Mobile Homes at www.state.fl.us/dbpr/lsc/hoa/index.shtml or by calling (850) 488-1631.
Staff will provide this information to Sandalwood residents as well.
Should you have any questions, please contact me at 804-7012.
Page 2 of 2
CITY OF PALM BEACH GARDENS
MEMORAlrSDUM
TO: Ron Ferris, City Manager ’ DATE: September 14,2004
FROM: Todd Engle, Construction Services Director
SUBJECT: Hurricane Frances Temporary Construction Pdt Procedures
In accordance with the City of Palm Beach Gardens Executive Order No. 03-2004 the
following construction permitting procedures are effective immediately to ensure the
timely reconstruCtion and repair of structure damage by Hurricane Frances.
1.
2.
3.
4.
5.
6.
These
Citizens are advised to only use licensed contracton for repairs. Palm Beach
Gardens Licenses are required for all contractors.
Emergency temporary repairs to mitigate potential losses for buildings or
structures can be carried out immediately without the need for permits. Final
inspections will be required.
Building permits related to hurricane damaged buildings or structures will be
issued as soon as possible and will require basic information associated with the
repairs. No permit fees will be associated with emergency or hurricane repairs.
Building inspections related to hurricane damage are required and will be carried
out as soon as possible. There will be no fee associated with these inspections.
Building inspecrorS will conduct damage assessments of buildings and structure
and declaring them safe or unsafe. Placards notices will be posted to all unsafe
buildings or structures.
All new construction permits are on hold until fhtk notice. There will be
limited permitting and inspections available for new construction but building
pennits and inspections associated with hurricane damage will have priority.
Contractors can apply for permits and schedule inspections through our standard
procedures which will be conducted as staff becomes available. Hardship cases
will be reviewed and prioritized as necessary.
policies will remain in place until at which time it will be
- -- /z-- . ------, evaluated and updated as necessary.
Please direct all questions or concerns to my attention at extension 4276.
L
CITY OF PALM BEACH GARDENS
MEMORANDUM
DATE January 25,2005
To Ron Fds, City Manager
FROM Todd &@e, Construction Services Director '
cc Jack Dougimey, Community Services Administrator
Bud Brown, Building Oflicial
SUBJECT Hunicane Frances and Jeanne Construction Permit procedures
In accordance with the City of Palm Beach Gardens Executive Order No. 03-2004,
ordinances 40 and 41, 2004, the fbllowing construction permit procadures will be
effbctive as of January 25,2005, to ensure the tecoDstNcfion and repair of structurwr
damaged by Hurricanes Frances and Jeanne.
1. Citizens are advised to only use licensed contractom for repairs. All confractors
are required to obtain a Palm Beach Gardens occupational license.
2. All building permits submitted as of this date, including hurricane bag4
buildings or structures, will be issued using the standard Building Division pdt
3. Pennit fees will not be assessed for repair of hurricane damage related to
residential dwellings only. Proof of hurricane damage will be requjred at the time
of permit submittal and is subject to review and approval by the Building official.
All other pennits including commercial, new construction, modifications,
upgrades and additions will be assessd the standard building permit fk.
4. Building inspections related to hurricane damage m required and will be carried
out using the standad Building Division inspection procedures.
5. Roofing contractors that are licensed in other states will be allowed to obtain a
roof repair or mmf permit only and are required to obtain a Palm Beach
Gardens occupational license.
procedures.
Thew policies will reanain in place until further notice.
Please direct any questions or concurns to my attention at extension 4276.
City of Palm Beach Gardens
Buildw Division
Checklist for BuildinR Pedt Appkations
Listed below are the requirements for permit application. If any of the reauired
&ems are not with the application. the Dermit reauest will not be acceDted for
grocessing. AU items may not be applicable. Please consult With the Permit
Specialist or Plans Reviewer for requirements.
0 Contractor and sub-contractors must be registered With the City of
Palm Beach Gardens and Palm Beach County or State of Florida. To pull
a permit for Juno Beach contractors and sub-contractors are required
to be registered in Palm Beach County and Florida only.
o Registration form signed by qualifier
o Copy of state license
o County occupational license
o Proof of insurance for workman's compensation or exemption and
liability
0 Application must be completely filled out with lpeol &mature
0 No plans may be submitted larger than 24" x 36"
0 AU drawingddocuments must be bound and/or stapled
0 Notice of Commencement. if applicable
0 Application for food preparation must be approved by Seacoast Utility
Authority and the Palm Beach County Health Department
0 Applications for single family homes with wells and septic tanks
(Steeplechase ahd Horseshoe Acres) &all have the Health Department's
stamp on the plan
U Product approvals from an approved testing agency must be attached
0 Additions must have the existing square footage reflected as well as the
Cl Subcontractor list
0 Current year energy c;rlcdations
0 Electrical riser and electric calculations
0 Plumbiiriser
0 Air conditioning layout
0 Legal survey with flood zone rating
0 Roof truss layout
0 If your property is located withiu a community that has a HOA/POA,
have YOU received their sign-off? Yes- No Of yes, please
provide a copy of the sign-off)
o Which HOA/POA has jurisdiction?
(for informational purposes
square footage being added
only)
Notes:
0 Prior to tie beam inspection for CBS construction or framing inspection
for wood frame construction, a tie-in survey with the post pour finished
floor elevation must be submitted using the FEMA elevation certifkate
form 81-31-July 00 (this also includes additions, modifications, major
alterations, et all.
0 A truss engineering inspection by a registered architect or certified
engineer must be submitted prior to framing inspection
W
u
V... -
..
.
I
April 19,2005
Revid =bit "A" - SXMX of Work
OPTION 1: CREDIT S 43,SW.W FORTY THREE THousAMD EIGRT ELUNDREDDOLLARS.
SaeenWallscope ofwcgklomm1):
1) Removeddisposeofthe exiStingdamaged wood screen waU stmctumand
wood shake screen. *Work w8s completed because of the severely
condition of &. entire screen wall assembly.
NdS:
A) priabasednplaisblwI.ll * of Fom W) RCW acreen wallstrattares ad
acmema. Price per assembly is f 8,000.00. If qe of assBmblies is more or
lesstbanFe (4o)atworkFwrplcrian, BII add or credit M be iapue&
Page 1 of2
CITY OF PALM BEACH GARDENS
MEMORANDUM
Mayor and Council Members I To: cc: Ron Ferris, City Manager
Christine Tatum, City Attorney
I DATE: May 4,2006
THROUGH: Jack Doughney
FROM: Todd Engle, Director of Construction Se
I SUBJECT: Sandalwood undate
Overview:
After Hurricanes Frances and Jeanne in 2004, the Sandalwood Development sustained
damage to several of their units. These units required major repairs (Le. roofing system, A/C
system, interior electrical, drywall, and finishes). In December 2004, Sandalwood’s HOA
approached the City of Palm Beach Gardens Building Department, inquiring as to how to
expedite the storm repairs in an effort to help residents return to their homes.
Consistent with the City’s hurricane permit policy, in effect as of December 2004, the
Building Official decided that the City would issue licensed contractors a blanket permit over
each quad unit for all repairs necessary. Sixty-two permits were issued to a roofing contractor
for roof construction including the flat deck roof, mansard, A/C curbing and A/C skirts
(screening). All other interior and A/C repairdreplacement permits were issued to a general
contractor and licensed sub-contractors. Formal documentation was submitted for the flat
deck roof system, but each unit was not required to submit formal documents for interior
improvements. Some units were required to be brought up to the latest building code, based
on the extent of damage (Le. interior electrical).
The City’s building inspectors conducted all normal inspections to ensure compliance with
applicable codes. This allowed for an efficient construction operation in order to expedite
storm recovery. It was not the City’s typical practice but, realizing the extent of damage, the
City used the hurricane permit policy, a copy of which is attached, to move quickly to allow
residents to secure their homes.
Status:
Over the last few weeks, City staff has worked to complete public records requests that
have been submitted by some residents of the Sandalwood community. These record
requests range from blue prints and engineering reports to inspection reports and permit
Page 1 of2
status. The majority of the requests have been filled but, due to the hurricane permit
policy which these repairs were permitted, some of this documentation was not received
by the Building Division and, therefore, is not available. I had a conversation with the
roofing contractor, Murton Roofing Corporation, in which their representative stated that
they are currently under contract with the HOA to do “whatever repairs are necessary to
all 62 buildings within the Sandalwood community.” The Building Division is currently
working with Murton Roofing Corporation on how best to permit these repairs to include
all required engineering, testing and product approvals. These repairs will be done
through our regular permitting process and all required submittals will be received and
reviewed before any permit is issued. We will then follow our standard inspection
procedures to ensure all repairs meet the Florida Building Code, product approvals and
specifications and to certifl completion of said repairs. The contractor indicated they are
scheduled to begin work in mid-June and estimated that work will be complete
approximately 6 to 8 weeks thereafter.
Clearly, this issue is evolving into a complex dispute between certain residents of
Sandalwood and the HOA. The State of Florida Department of Business and Professional
Regulation (DBPR) handles such disputes. Requests for mediation or arbitration or
disputes with HOAs can be made online to the Division of Land Sales, Condo and
Mobile Homes at www.state.fl.us/dbpr/lsc/hoa/index.shtml or by calling (850) 488-163 1.
Staff will provide this information to Sandalwood residents as well.
Should you have any questions, please contact me at 804-7012.
Page 2 of 2
IN THE COUNTY COURT OF THE
FIFEENTH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY, FL
CASE NO. 502005SC006695XXXXNB
DIVISION: RH
CHARLES H. BENT
Plaintiff,
vs rn
SANDALWOOD/MEFUDIAN PARK
HOMEOWNERS ASSOC.
/
Defendant.
DEFAULT AND FINAL JU DGMENT
THIS CAUSE came before the Court for Pretrial Conference on August 29, 2005.
With the Plaintiff present, the Defendant failed to appear. Based upon the fallure to
appear, a default is entered against the Defendant. Upon said default and evidence
received, it is hereby
ORDERED AND ADJUDGED that Plaintiff, CHARLES H. BENT, recovers from the
Defendant, SANDALWOOD/MERIDIAN PARK HOMEOWNERS ASSOC., the principal
sum of $500.0Q, prejudgment interest in the amount of $& and costs of $100.00, for a
total of $600.0Q, which shall bear interest at the statutory rate of 7% per year from the
date hereof until fully paid, for which let execution issue.
DefendanVJudgment Debtor shall fill out the attached Fact Information Sheet, have
it notarized, and fotward to the Plaintiff within thirty (30) days of the date of this
Judgment.
DONE AND ORDERED in Palm Beach Gardens, Palm Beach County, Florida this
day of September, 2005.
Copies furnished:
Charks H. Bent, I11
3187 B Gardens East Drive
Palm Beach Gardens, FL 33410
Book1 923ZPage383
Ci it/County Court Judge f
Page I of 5
E 4
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Ron Ferris, City Manager
cc: Mayor and Council Members
Christine Tatum, City Attorney
DATE:
FROM:
May 4,2006
Todd Engle, Director of Construction Services
SUBJECT: Frenchman’s Reserve UDdate
Overview:
The City conducted a meeting with several residents of Frenchman’s Reserve concerning
Toll Brothers’ construction of new and existing homes within this development. The
items discussed were possible Florida Building Code issues, construction quality and
workmanship, timely completion of these homes, punch list and warranty items. It was
agreed that the City would look into these items, in particular any possible Florida
Building Code issues.
Status:
Over the last few weeks, I had several phone conversations and meetings with the
residents, the City’s inspectors and Building Official, Toll Brothers, and material
suppliers. The meetings with Ron Blum, Vice President of Toll Brothers, were
productive and Toll Brothers committed to fixing any legitimate issues having to do with
new or existing construction. Since that time I have received positive responses from
some of the residents. I also have conducted on-site inspections with the City’s building
inspector who conducts inspections in Frenchman’s Reserve to address some of the
possible Florida Building Code issues. Some of the major items that were reviewed,
along the respective findings, are listed below:
1. Staircase attachment - Staff has reviewed the staircase attachments, the City’s
building inspector had previously required the contractor to provide additional
attachments during the original inspection of the staircases. In the most recent
inspection, it was determined that the current attachment system for the staircases is
acceptable and no Mer correction is required.
2. Staircase riser and treads - Staff reviewed this issue and it was determined that
there were a few homes that require correction on some staircase treads, in order to meet
the Florida Building Code. Toll Brothers was made aware of this issue and has
committed to correct the staircase riser and treads as soon as work could be scheduled.
Page 1 of3
The repairs range from rebuilding the first few treads to total removal and replacement of
the stair system.
3. Truss attachments and strapping - The Building Division requires that an engineer
conduct an inspection and provide a certification letter for the truss assemblies installed
in residential homes. The certification for the house in question was received on
3/17/2005 from Professional Engineering and Inspection Company, Inc., and is available
for review upon request. Toll Brothers advised me that they will check into the truss
attachments and will make any corrections that are necessary.
4. Air conditioning ducts - The Florida Building Code allows for an air-conditioning
contractor to design and install residential air-conditioning systems, which is the case
within Frenchman’s Reserve. The requirements for design and installation generally
include that the system be properly sized to provide the correct air flow to meet the
calculated air flows for the structure, all flow and return duct work be sealed and able to
provide the proper flows, the air handler box be airtight, the duct system be supported
properly by strapping or ceiling joist and all mechanical equipment installed and
operating per the manufacturer’s specifications. The air conditioning ducts and entire
WAC system were inspected by our building inspector, reviewed again in a field
meeting held onsite and copies of pictures provided by a resident were also reviewed. It
was determined that the system is in compliance with the applicable codes and
manufacturer’s specifications. This particular home has not been completed and will be
inspected again once the contractor is ready and calls for the final inspection.
5. Window installation - All window installation for new construction is inspected by
the City’s building inspectors to be consistent with the manufacturer’s specifications for
each specific window. In a few cases the window installation did not pass the first
inspection and repairs or reinstallation were required. Staff also contacted PGT
Industries (the window manufacturer) to discuss the window installation methods within
Frenchman’s Reserve. Although they did not visit the site as requested, I explained the
installation methods being used at Frenchman’s Reserve for both masonry and wood
construction to the product engineer who stated that the installation was in accordance
with their anchoring requirements and specifications.
6. Insulation - After meeting with Toll Brothers, their insulation contractor inspected
the house in question. It was discovered that the required depth markers were missing
and some areas had deficient insulation. The insulation contractor is scheduled to
reinstall the depth makers and blow more insulation to the proper depth.
The City of Palm Beach Gardens Building Division is charged with reviewing plans and
inspecting construction activity to ensure life safety through compliance with the Florida
Building Code. The Florida Building Code does not dictate quality of construction or
project management. The Code only addresses life and safety standards as they relate to
the construction of a structure and related appurtances. It is the job of the individual
contractors and developers to address quality control measures and workmanship in the
completion of each individual trade and all other contract obligations. Toll Brothers
Page 2 of 3
advised me that they take these issues very seriously and are committed to addressing all
issues related to the Florida Building Code, contracts, warranty and/or workmanship
related to the new homes or existing homes currently under warranty.
The City will continue to conduct inspections on all required items to ensure they meet
Florida Building Code requirements and are fully compliant before a Certificate of
Occupancy is issued - a contingency of sale from the developer to a private individual. I
consider all items compliant with the Florida Building Code and these issued closed, with
the exception of the staircases and review of the truss strapping, both of which are being
addressed by Toll Brothers.
Should you have any questions, please contact me at 804-7012.
Page 3 of 3
. -a - .\
a- \> -.
P
I' '
u
--c 17
J
7
0 c) : I a. f 9) 3
EXPLORATIONPOINTE
A Gardens Science & Technology Community I
COIYTEIYTS
Introductory Letter
Executive Summary
Information Guides:
About Us
Community
Cures
Education
Jobs
Land
Traflc
Fact Sheet
Community Map
News Advisory
News Release
Speaker Request Form
Join Our Team
DVD
ALA
VI1 I AGF PARTNFRSC
Media Advisory
For Release :
Contact:
February 20,2006
Rhonda Barnett
Cell 305.322.2403; Office 305.534.9661
TECH VILLAGE PARTNERS TO UNVEIL PLANS FOR EXPLORATION POINTE
A WORLD-CLASS GARDENS SCIENCE & TECHNOLOGY COMMUNITY
Stunning, live-work-play community with plenty of open green space also accentuates design ideas,
needs and recommendations of local residents
WEST PALM BEACH, FLA. - Tech Village Partners (TVP) will resubmit its application
for a Development of Regional Impact approval for Exploration Pointe: A Gardens Science
& Technology Community to the Treasure Coast Regional Planning Council Tuesday.
‘The Tech Village Partners planning and design team will hold a news conference for
interested media at 10 a.m. Tuesday to discuss the DRI and address media questions prior to
the DRI submittal. The DRI submittal will follow at 2 p.m. at the same location. For
statewide media unable to attend, the team will participate in a conference call media
availability at 1 1 :30 a.m. Tuesday.
Tech Village Partners News Conference:
Tuesday, 10-11 a.m.
Location: Wolf High Technology Center
Indian River Community College Chastain Campus
2400 SE Salerno Road
Stuart, FL
Tech Village Partners Conference Call Media Availability:
Tuesday, 11:30 a.m. - Noon
Call in: 1-866-200-9760
PIN: 2221991
Representatives of TVP and its Exploration Pointe expert development team, including
Aimee Craig Carlson, TVP Project Manager; Jim Constantine, Principal, Looney Ricks
Kiss; Ed Weinberg, EW Consultants; Yvonne Ziel of Yvonne Ziel Traffic Consultants;
and Cherie Akers from WilsonMiller - all of whom will be participants in the DRI
submittal process -will be available for interviews at the news conference.
###
Join Our Team
YES! I am interested in Exploration Pointe. I support bringing world-class
scientists, increasing high-paying jobs and improving the quality of our education
through this community. Please add my name to the list of residents who want
Exploration Pointe - A Gardens Science & Technology Community to become a
reality in Palm Beach County.
Please print all in formation:
Name:
Occupation:
Company I Organization I Association I Group you belong to (if any):
Address:
(AptlSuite)
CityIStatelZip:
Work Phone:
Home Phone:
Cell Phone:
Fax Number:
I I
U
E-mail Address:
You can use my name as a resident that supports the Gardens Science and Technology Community:
Signature (required):
I am interested in: (please check all that apply)
Getting more information on the progress of this project and the plan.
Hosting a speaker to come and discuss this project at my place of business, to my
neighbors or to a community organization I belong to.
Sharing literature about this project to my neighbors and co-workers.
Writing a letter to the editor of my local newspaper supporting this community.
P.O. Box 20138 4 West Palm Beach FL 4 33416
Phone: (561) 514-0005 4 Fax: (561) 828-0440
Email: info@explorationpointe.com
REQUEST FOR SPEAKER
If you would like a speaker to come and present our vision for Exploration Pointe - A
Gardens Science & Technology Community to a meeting of your organization please fill
out the form below and mail or fax it back to us. Someone will contact you for more
information and to confirm details of the event.
CONTACT INFORMATION
Name:
Organization / Group:
Address:
City / State / Zip:
Work Phone:
Mobile Phone:
Fax:
Email:
Event Name:
Event Location:
Date of Event:
Event Hours:
Expected Attendance:
EVENT INFORMATION
P.O. Box 20138 4 West Palm Beach FL 4 33416
Phone: (561) 514-0005 4 Fax: (561) 828-0440
Email: info@explorationpointe.com
4 q
IVII I ACF PARTNFRCI
mTECH
Dear Friend,
On behalf of the entire Exploration Pointe team, I thank you for your interest in
learning more about our community.
Exploration Pointe represents a unique opportunity. The arrival of Scripps in our
county is already beginning to create unprecedented opportunities and that’s why
planning now for the growing needs of South Florida and Palm Beach County
makes good sense.
This is not just about housing, it is about enhancing Palm Beach County by
building a community that emphasizes the seamless integration of the emerging
bioscience economy, the education system, the natural environment, transportation
systems, and the human needs of the region.
From our craftsmen on the work site to our executives in the boardroom, we can
say, “This is our home, too.” We care deeply about the wonderful quality of life
we share. We also listen well and have taken to heart the advice and ideas our
neighbors have contributed to making Exploration Pointe a reality.
I trust you will find this information kit helpful. If you have further questions,
please visit www.explorationpointe.com or call us at 561 -5 14-0005.
On behalf of Tech Village Partners,
Dave Abrams,
Division President
Centex Homes Southeast Florida Division
P.O. Box 20138 4 West Palm Beach FL 4 33416
Phone: (561) 514-0005 + Fax: (561) 828-0440
Email: info@explorationpointe.com
J -1
Contact: Rhonda Barnett, Ron Sachs Communications
Cell 305.322.2403; Office 305.534.9661
For Release :
zxPLomrroNporNr..-- A NEW BIOTECH-INSPIRED COMMUNITY
UNVEILED IN PALM BEACH COUNTY
Design showcases a nearly selficontained, live-work-play community
incorporating ideas and recommendations of local residents
WEST PALM BEACH, FLA. (Feb. 21,2006) - Tech Village Partners (TVP) resubmitted its
Development of Regional Impact application today for a visionary new community to be called
Exploration Pointe: A Gardens Science & Technology Community.
The DRI for Exploration Pointe was submitted to the Treasure Coast Regional Planning
Council.
TVP developed the innovative community plans through collaboration with area stakeholders,
and incorporated the recommendations of more than 1,000 residents who participated in TVP’s
visioning workshops and community design forums - online and in person.
Through its outreach, TVP learned that, by a margin of three-to-one, respondents consider
living and working in the same community to be very important, with a goal of avoiding long
commutes to work, shopping and recreation. Seventy percent wanted services within walking
distance of their homes, and a third wanted services within walking distance of their
workplaces. Consequently, TVP set about creating a community with plenty of green, open
space where residents can live, work, play and learn - all close to home.
“When planning Exploration Pointe, it was important to talk with our neighbors to find out
what their questions, concerns and ideas were,’’ said Aimee Craig Carlson, project manager for
Tech Village Partners. “By combining their ideas with the anticipated needs of an emerging
bioscience industry, Tech Village Partners and its team were able to put together plans for a
community that will be self-sustaining for generations to come.”
TVP’s partnership with residents, neighbors and community leaders led to the development of
a set of Cornerstone Principles that guided the planning for Exploration Pointe. At its heart is a
sustainable place where people can live, work, learn and play. Exploration Pointe will host
dozens of medical research firms, a place of unparalleled economic opportunity with state,
regional and global significance. The natural environment will be predominant in Exploration
Pointe and workers, residents and visitors will enjoy a healthy lifestyle through
-more-
significant preserves, abundant open spaces and trails. Exploration Pointe will be a green
development and will showcase green building and technology. Education opportunities for all
ages will exist. In sum, Exploration Pointe is a forward-thinking community and will create an
enduring legacy for our children to enjoy.
“By identifying and committing to the seven Cornerstone Principles, Tech Village Partners and
its team were able to create a plan for a unique community that will redefine planning in South
Florida,” said Jim Constantine of Looney Ricks Kiss, the master architects of Exploration
Pointe. “This community will open a host of economic, environmental and educational
opportunities for Palm Beach County and the entire state.’’
Conceptually, Exploration Pointe helps the county to generate and fully capture the forecasted
benefits of the emerging bioscience economy by:
0 Maximizing Palm Beach County’s ability to claim as much as possible of the $3.2
billion in new spending that economists expect the growth of biotechnology will
contribute to the state’s gross domestic product.
Spending millions of dollars in private funds on local roadways. This includes
widening and extending PGA Boulevard, sparing taxpayers the cost.
Privately donating almost 200 acres for schools - at no cost to taxpayers.
Creating a network of new public parks and conservation areas for the county, again
using private dollars.
Committing more than 2,000 acres of open space, totaling nearly half the project, for
conservation, restoration and preservation.
0
Exploration Pointe was planned using conservation design principles, which involve first
identifying land that would most benefit from preservation, and only afterward designating
potential areas for development. In doing so, wetland systems at the 4,763-acre Vavrus ranch
were restored and integrated into the JW Corbett Wildlife Management Area to the west and
the Grassy Waters Preserve to the east, creating continuous water flow ways and natural
wildlife corridors. Using these design principles, more than 2,000 acres of open green space,
including parks and lakes, will be set aside - exceeding the Audubon Society’s standards for
conservation.
Of course, the reason for all this careful design is the people of our community and those who
will live in Exploration Pointe. Built slowly over a span of more than 15 years, three villages
will emerge in the north, south and center of the community, offering jobs, houses and
recreation to residents and neighbors. In an area where workforce housing is in short supply,
this community will offer a gamut of options, including single-family homes, condominiums
and villas, town homes, downtown living and rental apartments.
Exploration Pointe will provide a unique opportunity for Palm Beach County residents to live,
work, learn and play, often within a convenient walking distance. This design, which
incorporates community input extensively, is not often used in community planning in Florida.
It will allow Exploration Pointe to enhance the lives of its neighbors by bringing opportunities
and services closer to them, and by adding to the abundant natural resources they enjoy so
much.
To learn more about Exploration Pointe, please visit www.ExplorationPointe.com
###
EXPLORATIONPOINTE LI Cures
1 Gardens Science & Technology Community
www.explorationpointe.com
Exploration Pointe represents u unique opportunity to enhance Palm Beach County by building
a village that is carejiilly designed to include an arruy of supportive economic, environmental,
educational and social elements. 7he community is beingplanned by Tech Village Partners,
managed by Centex Homes. Here ure some important fucts about
Exploration Pointe - A Gardens Science & Technology Community.
I Environmental Preservation 'ducation Opportunities I - Education The community is situated on 4,763 acres, of which
nearly half of the development - 2,078 acres - will
be restored and dedicated to nature preserves, wet-
lands, and other publicly available open space such as
parks and hiking trails.
Exploration Pointe will donate land for two public
elementary schools and one middle school. All local
students will benefit from the learning opportunities
and resources in this community.
1 University Consortium ~
I 1 New High-Paying Jobs
~_______
One hundred acres of land will be donated to Florida
universities so they can have research facilities within
the biotech cluster.
The medical research industry will bring thousands of
high-paying, year-round jobs to our area and improve
Community our economy. Local businesses will benefit from the
sales of services and supplies they provide to the new
companies coming to our area. Exploration Pointe will have a mix of housing oppor-
tunities for people of varying incomes who may work
for Scripps and other research companies. An average
of 665 homes per year will be built over the next 15
years. The community and homes will be designed
and built in an environmentally responsible manner,
creating a healthy and efficient community that is
certified by the Florida Green Building Coalition.
I Traflc Solutions 1 Y
L
Tech Village Partners will spend millions of private
dollars for needed improvements for roads and traffic
that would otherwise be paid by Palm Beach County
taxpayers. These improvements include the widening
and extending of PGA Boulevard. The community
also will include electric cart paths, bike paths and
walking paths so people can travel without cars.
I
I
- Jobs
wxpert Planning
A team of experts with both national and local
experience designed this unprecedented community.
The team of community designers, engineers, envi-
ronmental, traffic and land management consultants
worked together to ensure this community will be
a unique place that will benefit residents in the sur-
rounding area.
I Health Care Benefits -
The community will include biomedical research
facilities that will be used to find cures to diseases and
bring improvements to health care. Residents will
have access to world-class medical services and ben-
efit from groundbrealung research.
I
I. i
. 9,
Land
Our experts received input on this project from more
than 1,000 local leaders and citizens through public
workshops, a community design forum, meetings and
online feedback, Exploration Pointe was designed
after listening carefully to local needs and concerns.
nis community will include a university medical
cility, which would offer local residents break-
irough treatments.
I
EXPLORATIONPOINTE I E
We live here. We’re your neighbors. We care.
he planners and builders
behind Exploration Pointe T - A Gardens Science &
Technology Community, view it as
a unique opportunity to enhance
Palm Beach County through the
creation of a community that com-
bines elements of economic, edu-
cational, social and environmental
connectivity.
Tech Village Partners brings to bear
the resources of one of the nation’s
top community builders - Centex
Homes - to manage the partner-
ship for the sole purpose of crest-
ing a hometown unlike any place
vou’ve ever experienced.
Our company has the experience,
expertise and resources to carry off
a plan of this magnitude. Equally
important, we have roots in the
community.
From our employees on the work
site to our executives, we live here
and care deeply about preserving
the wonderful quality of life found
here.
We listened to you and took to
heart the advice and ideas you con-
tributed to the creation of Explora-
tion Pointe.
Among the world-renowned mem-
bers of our team are Looney Ricks
Kiss, community planners with 335
awards of recognition for design at
local, state, regional and national
levels, including awards of excel-
lence from the Congress for the
New Urbanism, the Urban Land
Institute and the American Plan-
ning Association; environmental
The Team at a Glance:
Centex ranks No. 1 in
E’ ompanies.”
335 national design awards
won by Looney Ricks Kiss
architects and community
planners
South Florida experience,
environmental preservation,
traffic flow planning, and
community design.
the industry on Fortune
agazine’s 2005 list of
‘America’s Most Admired
Eleven firms steeped in
Exploration Pointe - www.explorationpOinte.com
I
( s:p’ @ Exploration Pointe - A Gardens Science & Technology Community \
beel
con! ant EW Consultants of
Stua -, and WilsonMiller, a plan-
ning design and engineering firm
~~ir 1, is ranked in the top third of
n firms in the United States.
“Th
plar
is a unique opportunity to
3w for the needs of people
are going to come here to
and live,” said Clinton Glass,
not just about housing, it’s
uilding a unique commu-
ugh proper planning. Ex-
Pointe will be cohesive
from the beginning with
comes from the
.
live here. We raise our chil-
----I here. This is our home,” said
Dav’ Abrams, division president of
1 business here.
rpn I homes.
are about doing this in a
nity-friendly way, building
1 place that contributes to
omy, the environment and
le of Palm Beach County.
the opportunity to look at
earch parks and improve
:ommunity will preserve 2,078
restore hundreds
of former agricultural land
wetlands. Tech Village
committed to us-
methods endorsed
Green Building
they did, our world-class design team turned their visions into a reality.
Due to Exploration Pointe’s mixed-
use design, with housing, lab space
and the town center all built within
close proximity, researchers, scien-
tists and other workers will drive
fewer miles to work, use less gaso-
line, and contribute fewer cars to
already crowded roads.
With the experience, integrity and
innovation that Tech Village Part-
ners will bring to bear on Explo-
ration Pointe, our team of experts
in planning, design, construction,
engineering, environment and traf-
fic will ensure this community will
be second to none and that we take
into consideration everyone’s needs,
including those who will inherit the
legacy we’re creating.
We asked Palm Beach County resi-
dents and civic and business lead-
ers to imagine. And once they did,
our world-class design team turned
their visions into a reality.
“?he Tech Village Partners team brings together
an unparalleled array of top experts in thefields
of urban planning, green building, community
design, transportation planning, environmental
engineering and commercial construction. We
are dedicated to building a great place to live in
- and a great place to live near. Our paramount
commitment to our residents, neighbors,
scientists and future workers is great planning
devoted to improving everyone’s quality of life.”
-Clinton Glass
Clinton C. Glass is responsible for all of Centex Construction’s
commercial projects in Palm Beach County and the Treasure Coast.
With more than 20 years of experience managing such projects,
Mr. Glass has most recently completed the new research laboratory
for The Scripps Research Institute at Florida Atlantic University in
i
p"
k
-.- I
Keeping homes and jobs in one area
H ome ownership has long
meant more than simply
a roof over our heads; it
is a sense of place, of control over
one's own destiny, a symbol of the
American dream. Extending home
ownership promotes social mobili-
ty, financial stability, and a stronger
sense of community.
Scripps will bring thousands of new
jobs to Palm Beach County and
that will create a major housing
challenge, especially with supply so
limited already.
The workers and their families
will need a place to live. Explora-
tion Pointe - A Gardens Science
& Technology Community is de-
signed to provide needed housing
without clogging existing roads by
locating homes near jobs and sup-
port services in Palm Beach's new
research and technology cluster.
The community sits on 4,763 acres,
with more than 2,000 acres com-
mitted for environmental conser-
vation and green space.
On the remaining half of the land,
space will be allocated to research
and education, retail, commercial
and residential purposes. We will
build an average of 665 homes an-
nually over 15 years so that hous-
ing is available for workers as the
bio-science industry grows in Palm
Beach County. The community
and homes will be designed and
built in an environmentally respon-
Exploration Pointe - \i
sible manner, creating a healthy ana
efficient community that is certi-
fied by the Florida Green Building
Coalition.
An average of 665 new
homes each year for 15
years to increase the
housing supply
More than 500 homes
attainable to households
earning the median income
A variety of housing types
for families at different
income levels
.1
A livable community with k,, ,-ommuting will accommodate workers in Palm
Beach County’s burgeoning biotechnology industry
Cre
tuni
Fan
rants, movies, parks, walking paths,
and lakes for recreational activities.
New public schools will help ensure
there is no burden on our current
school system so classrooms in the
rest of the county are spared from
overcrowding.
The community will be built to ac-
commodate alternative methods of
transportation, including walking
ig a mix of housing oppor-
5 for people of different in-
s is a critical goal of Explora-
’ointe, which will be a mixed-
levelopment with a variety of
townhomes, condominiums,
-family residences and rental
mar ments attainable to people at
income levels. -0 :s will be able to ‘grow in
at Exploration Pointe - able
to s in the community they love
bec e the variety of housing
avai ble will accommodate their
cha ging life situations as the years
This same variety of housing
.ttract workers at all levels who
to live near their jobs to save
and expenses tied to longer
”
!
con utes.
Res nts will be able to take ad-
van e of shopping needs at the
tow? center within Exploration
~. They also will enjoy restau-
Housing Checklist
v Single-family Homes
J Condominiums
c/ Townhouses
J Downtown Living
J Villas
Rental Apartments
and biking. Some residents will
even find it possible to get to work
and meet other daily needs without
having to use a car at all.
Imagine a community that adapts
to a family’s changing life situations.
Exploration Pointe is a real solution
to our housing needs, meeting the
demands of the workers of the fu-
ture while protecting current resi-
dents’ quality of life.
“ne scientists and researchers that we
want to welcome to Palm Beach County
will need places to shop, to work, and to
live - preferably all in the same spot. Otl~
county has a unique opportunity to put
homes next to the new jobs and address
- Aimee Craig Carlson
I
I the needs of the future today.”
Aimee Craig Carlson is responsible for the planning and engineering
of all of Centex’s homebuilding operations from Dade County to In-
dian River County. Ms. Carlson formerly worked as a Senior Planner
for Palm Beach County and helped write the county’s Unified Land
Development Code and the Transfer of Development Rights Program.
r
-t U J c
I
3
Medical research will save lives
upporting and promoting
the search for medical cures
to such diseases as cancer, S diabetes and Alzheimer’s is
central to the mission at Explora-
tion Pointe - A Gardens Science &
Technology Community.
This is where many of the medical
research businesses that spin off
from the Scripps Institute will lo-
cate, and where researchers’ fami-
lies will live, shop and play.
Preparing for them now can help
speed the research that may save
the life of a family member or a
neighbor.
There is not a moment to lose in
the race to find cures for the mil-
lions of Americans suffering from
Alzheimer’s, Lou Gherig’s disease,
leukemia or any one of hundreds
of debilitating conditions being re-
searched by the Scripps Research
Institute today.
The people who are suffering from
these diseases are our friends, our
family. One in 10 Americans has a
family member with Alzheimer’s,
and 1 in 3 say they know someone
with the disease.
As South Florida ages, the research
developed at the Scripps Institute
and Exploration Pointe will be even
more vital: Alzheimer’s affects 10
percent of our residents over 65 and
nearly half of those over 85 years of
age.
But hope is on the way.
I
Research at a tiiance
. Nearly half of Americans over 1 85
are affected by AlzheimeJs
disease.
Scripps Florida will be one
of the nation’s leaders in
treatment of Alzheimer’s.
searching both the causes and
I Exploration Pointe could 1 t
a state-of-the-art medical center
~ rhere Palm Beach residents
would benefit from the latest I treatments and cures.
Land will be given to a Florida
universities research consortium.
Exploration Pointe - A Gardens Science & Te noiogy Community
Ex1
a nc
ter,
den
to r
Pd 0
,ation Pointe could showcase
state-of-the-art medical cen-
d Palm Beach County resi-
will become among the first
ive and benefit from cutting-
--iedical treatments.
“Th re will be valuable medical
rese rch here,” said U.S. Rep. Clay
Sha of Ft. Lauderdale, a lung can-
cer s rvivor himself.
be a matter of saving lives.
in Palm Beach County.”
nel, March 28, 2004
uded in our design is a
m of Florida’s public uni-
o share as they build new
dedicated to medical and
d Alzheimer’s disease” and
Tecl Village Partners and its ex-
pert am conducted 42 separate
visio ing workshops over a two-
wee period and hosted a two-day,
char ette-style community design I
forum. Residents also had an op-
portunity to participate from their
“Lifesaving cures that are found
here will touch everybody’s family.”
homes, completing an online sur-
vey. (Learn more at www.explora-
I f \
Researchers in our own commu-
nity could find the next big break-
I
I
could be saved by the new treatments that will be developed here.
tionpointe.com.) In all, more than
1,000 people took the time to help
shape the vision that is the founda-
tion for Exploration Pointe.
Those who participated in the pro-
cess told us that finding lifesaving
cures gives this community special
significance. Diann Marino, one
of the workshop participants said,
through that will save millions of
lives around the world and greatly
enhance the wellbeing of friends,
neighbors and family members
right here in Palm Beach County.
Imagine innovative cures that will
improve our quality of life and cre-
ate a new economic future. That will
be a reality at Exploration Pointe.
I
I 1
“It is impossible to overstate the significance
of the research that is already happening at
Scripps and will be supported by Exploration
Pointe. How can you put a value onfinding a
cure for a disease or saving a life? Not only are
we bringing billions of dollars and thousands
of jobs to Palm Beach County, we’re helping to
avert grief and potentially bring joy to millions
of families across all the globe.’’
- Jim Constantine
Jim Constantine, a principal urban planner for Looney Ricks Kiss,
Inc., has experience across more than 25 states and Canada in the
fields of urban design, master planning and historic preservation.
He has helped plan communities, revitalize downtowns and control
suburban growth across North America.
-" a +
A sustained investment in edusation
alm Beach County needs a
plan to deal with an influx P of schoolchildren moving to
the area with the 16,000 jobs to be
created by Scripps Florida.
Recognizing this, we designed Ex-
ploration Pointe - A Gardens Sci-
ence & Technology Community to
help avoid overcrowding in existing
schools, plan for the construction
of three new schools, and cultivate
new opportunities for collaborative
university research.
Improving education in Palm Beach
County and planning for the com-
ing influx of research workers is of
paramount importance to us. We
will donate land on which to build
two public elementary schools and
one middle school, which together
will accommodate 3,240 new stu-
dents. In addition, we will donate
land for a possible science-based
high school that should provide
specialized, hands-on training to
hundreds of students from all over
Palm Beach County.
The middle school would be built
adjacent to one of the elementary
schools to foster the sharing of fa-
cilities and provide a learning at-
mosphere that is beneficial to all.
The 28-acre proposed site for the
elementary and middle school is
adjacent to a six-acre park featuring
ball fields, soccer fields, basketball
and tennis courts.
I
Exploration Pointe - www.explorationpointe.com b u
Tht
wil:
chi
wit
Ad1
cart
as 1
facj
Be:
nat
community-based schools
lrovide an opportunity for
:n to walk or bike to a school
their own neighborhoods.
onally, the community’s
Ily restored nature preserves,
1 as its science and research
es, will be available to Palm
County schools as a desti-
for science classes and field
outdoor classrooms
study of conserva-
munity also will donate 12
a possible Magnet Science
001 open to all county high
b training and other sci-
, increasing the opportu-
ur area graduates to en-
ative and very much in
Ids of science, technol-
ter in the com-
d that it is un-
e Palm Beach Post, October 12,
Last y, the community will dedi-
cate 0 acres for a university medi-
cal cility, which would offer Palm
Bea h County residents access to
bre through treatments pioneered
at S ripps Florida and Exploration
20! Pni e.
“Universities across the state will
benefit,” said The Palm Beach Post.
“Florida Atlantic University.. . ex-
pects partnerships that will en-
hance FAU’s science departments.
Palm Beach County high school
teachers already have been cho-
sen for internships at the (Scripps)
In Exploration Pointe, children will be able I to walk to school
California facility, and there will
be more opportunities as Scripps
grows here. High-school magnet
programs . . . also will be associated
with Scripps.”
- “Why Scripps is worth it”, The
Palm Beach Post Editorial Board,
May 23,2004
Students in Palm Beach County,
from kindergarten through high
school, will benefit immensely
from the planning and effort invest-
ed in the educational infrastructure
of Exploration Pointe. Sudents and
faculty at Florida universities also
will prosper from the cross-fertiliza-
tion of ideas and the opportunities
for partnerships between Scripps
Florida’s researchers and scientists
in Exploration Pointe. Finally, local
residents will have lifelong learning
opportunities through the Discov-
ery Center and universities.
“We look forward to malung dis-
coveries in collaboration with the
University of Florida and other uni-
versities within the state of Florida,”
said Jeffery Kelly, VP of academic
affairs and dean of graduate studies
at The Scripps Research Institute.
- The Palm Beach Post, January 28,
2004
We at Tech Village Partners guaran-
tee - beyond a future of health-re-
search breakthroughs - a commit-
ment to quality education. Imagine
great education providing limit-
less opportunities for our children
- it will be the reality at Exploration
Pointe.
1
I
“Exploration Pointe will provide a
unique education experience for our
children. Outdoor classrooms will
provide our students with hands-on
environmental study, and having
scientists adjacent to schools will
improve science learning opportunities
for our kids.” -- Tom Lynch
Mr. Lynch is the chair of the School Board of Palm Beach County
L
Prdparing for 16,000 new workers
S cripps Florida represents
both a tremendous opportu-
nity and an important chal-
lenge for Palm Beach County.
The medical research companies
that are drawn here to be close to
Scriyps will transform our econo-
my from reliance on seasorial tour-
ism, construction and agriculture
jobs to stable positions that are
high-tech and higher paying.
Scripps already employs more than
160 people in Palm Beach County,
and is filling more jobs almost
daily.
Economists predict the creation
of 16,000 new jobs in our county
alone, which, over 15 years, will
create $8 1 1 million - to $1.7 billion
in new annual income for county
residents.
Pointe fits in. Exploration Pointe
- A Gardens Science & Technology
Community will complement and
meet the needs of the emerging bio- Just as with other hubs for science
and technology research such as La
Jolla, California, and Research Tri-
angle Park in North Carolina, the
experts anticipate Scripps Florida
will draw companies that conduct
and build on medical research
to Palm Beach County, and that
these firms and the families of their
workers will want to locate as close
as possible to Scripps.
This “clustering” will bring many
more jobs than Scripps Florida
alone and will provide an opportu-
nity for our county to diversify its
economy in ways we never thought
possible. This is where Exploration
Prosperity at a Glance 1 16,000 high-paying jobs from
Scripps and Exploration
Pointe for Palm Beach
County
$8 1 1 million increasing to
$1.7 billion in new annual
income for county residents
over 15 years
Millions of private dollars
to pay for public traffic
improvements
I
Exploration Pointe - www.explorationpointe.com
~onomy, attracting new job-
ucing industries, corporate of-
and research & development
4: ,-.”
goal of the Treasure Coast Re-
1 Planning Council’s Compre-
Regional Policy Plan is to
our year-round economy
low the region to compete ef-
ly in the global marketplace.
will not be simply service-
a business climate that
jobs, but high-skill, high-
jobs that support and supple-
the medical research cluster
milding supportive environ-
s in which important medical
rch into curing such diseases
ncer and diabetes may thrive,
projects will be more success-
t recruiting world-class busi-
,3 s and personnel to our com-
- 1 L__
ration Pointe will contrib-
ireatly to our local economy
generate both direct and in-
- economic benefits. Indi-
~ t conomic benefits are created
by t e “ripple effect” through the
won E my.
example, if enough people
)ffice equipment from a sup-
the owner must hire more
These workers, in turn, pur-
additional goods and services
businesses in the area, further
;thening our economy.
Jl ration Pointe has a vital role
lll-r in meeting the county’s plan I
to claim as much as possible of the
$3.2 billion in new spending that
economists expect Scripps Florida
to contribute to the state’s annual
gross domestic product.
The great majority of these job op-
portunities will be located near
Scripps or within Exploration
Pointe. This will reduce the dis-
-0- -7 --LA - i.c.c. ’i’ . ’. __
u-t . “ L.
I I
I -$A-
6:. 1
I’
Scripps at La Jolla, Calg, anchors a cluster
of more than 50 research 6 develpment
tance, time and expense of worker
commutes - enhancing the lives of
new workers and current county
residents whose roads will not be-
come congested. Alternative means
of transportation, such as walking
and biking, will further serve to re-
duce traffic in the region.
Commuting costs are becoming an
ever more important concern for
workers everywhere.
We’ve designed Exploration Pointe
with such workers and employers in
mind, applying the best principles
of New Urbanism and sustainabil-
ity. With lots of planning guidance
from Palm Beach County residents
and experts, we’ve emphasized ease
of access and reduced travel time.
For the cluster to prosper, cer-
tain critical planning steps must
be taken now if we are all to meet
the challenge of providing the nec-
essary space and resources to ac-
commodate the arrival of this new
medical research industry and its
workforce.
Imagine bringing high-paying,
year-round jobs to Palm Beach
County. It is a reality at Exploration
Pointe.
I
“Its not only smart, but imperative that we prepare
now for the inundation of people who will assume
the thousands of jobs Scripps Florida alreadv has
begun generating.” - Dr. Hank Fishkind I Hank Fishkind, Ph.D., has more than 20 years of experience in
economic analysis. A former director of the University of Florida’s
Bureau of Economic and Business Research, Fishkind now leads his
own economic consulting firm, Fishkind & Associates.
Repairing and restoring the land
reservation of open space
and restoration of former P agricultural lands are criti-
cal design features of Exploration
Pointe - A Gardens Science &
Technology Community.
Nearly half of the 4,763-acre prop-
erty will be preserved as open green
space. Approximately 2,078 acres
of farmland will be returned to
their natural state to be protected
forever.
For us, the process of planning Ex-
ploration Pointe started with look-
ing first at what land deserved to
be preserved and then establishing
what land was eligible for use. Next,
we collected input from detailed
citizen discussions. Only then did
we set to work on a design, guided
by these public suggestions and by
sound principles of environmental
protection. Today, the master plan
is entering a lengthy and detailed
governmental review and permit-
ting process that will further ensure
proper planning has been imple-
mented and the entire plan meets
stringent state and federal stan-
dards.
This innovative plan is an example
of a new kind of community for
South Florida. Environmentally
aware transportation is one ex-
ample. The community and homes
will be designed and built in an
environmentally responsible man-
ner, creating a healthy and efficient
community that is certified by the
Florida Green Building Coalition.
The community plan is predicatea
on the model of New Urbanism,
which incorporates a variety of
Use of development methods
endorsed by Florida Green
Building Coalition
Exploration Pointe - www.explorationpointe.com
Public biking and hiking trails
con
atio
3 Exploration Pointe - A Gardens Science & Technology Community I
ercial, residential and recre-
uses. By locating the 16,000
rorkers attracted by Scripps
2,000 acres of open space- exceed-
ing even the Audubon Society ratio
of one acre of land for conservation
Floi L in homes near their work- for each acre that is developed.
plac , we can ensure that residents
trav i 1 fewer miles in less time and
Village Partners and its con-
42 separate
charlette-style community design
forL in addition to an online sur- I
vey,
1 ,oc
together drawing more than I
iarticipants.
We
iesi
ened when they expressed a
to see land use systems that
ustainable and environmen-
sound and an integrated re- r r tall)
sou1
add
mar
management approach that
;es drinking water, waste
:ment and ecological sys-
~ Green wildlife corridors will be 1 preserved forever.
Y
ated more than 20 miles of publicly
available walking, hiking and bike
paths; a number of parks, ball fields
and running paths, as well as lake-
front parks, with access for walking,
cycling and boating.
We are proudest of our plans to re-
store 2,078 acres of land, some of
which had been stressed by years of
agricultural use. Today, the proper-
ty is partially overrun by invasive,
non-native plant species, including
Brazilian Pepper and Melaleuca.
Our design reclaims the 2,078 acres
of agricultural land, restoring wet-
lands, water floways and wildlife
corridors. These areas will be pre-
served forever.
Imagine living and worlung in har-
mony with nature. Tech Village
Partners has made prioritizing the
environment a reality at Explora-
tion Pointe. tem There was strong support for
expl ng opportunities for wetland
and bitat restoration, including
elin- -ition of exotic and invasive
vegc ation, restoration of sensitive
habi s and provisions for water
I -
Our plan also makes certain that
opportunities to enjoy the natural
environment abound. We’ve cre-
flow yo.
We o listened carefully to the
land he planning team used a
four :p “Conservation Design
h,” which involves first
g primary and secondary
on areas, potential devel-
eas, and land uses and
ining what could
and mld be preserved was the
remi Ing land designated eligible
for . As an outgrowth of this
proc --, we set aside more than
’
1
“‘This is not just about mitigating the efects
of building the community, it’s about going the
extra mile to restore the land to a much better
condition than it’s found today. Wetlands
that were drained for agricultural purposes
will be restored to their former state, and
this rejuvenated natural environment will be
preserved forever, creating a vast open green
corridor that will function as the true backbone I of Exploration Pointe.” - Ed Weinberg
Mr. Weinberg is the founder of EW Consultants, a diverse envi-
ronmental consulting firm with expertise in wetland and wildlife
preservation, natural resource management and environmental
planning.
1 L
EXPLORATIONP I OINTE I
A Gardens Science & Technology Community
mm
Planning now to reduce traffic
Exploration Pointe
A Gardens Science
Technology Com-
munity, some traffic problems in
Palm Beach County may be pre-
vented before they start. That’s
important, with as many as 16,000
new jobs predicted to arrive fol-
lowing the construction of Scripps
Florida.
vision and provide a support-
ive community for the more than
16,000 scientists and researchers
lured by Scripps. We are making
extraordinary efforts to minimize
the impact on current residents by
the new workers who will come
here because of Scripps. Our goal
is to create opportunities for resi-
dents to benefit from more roads,
I schools, commerical services and
healthcare facilities. Our focus is on preserving and en-
hancing the quality of life enjoyed
by all Palm Beach County resi- We’ve committed to preserving
dents. more than 2,000 acres of the 4,763-
acre community for green, open Guided by planning experts, com- space, thus ensuring limited, con- munity leaders and the public, we trolled growth. have designed Exploration Pointe
to support the Scripps Florida
I
---
Traffic at a Glance
Save tax dollars by spending
millions of private dollars to
pay for traffic solutions
Preserve more than 2,000 acres
of open space
Community designed so
residents have less need to
drive and greater ability to use
alternative transportation
Provide easy opportunities for
walking, biking, bus-riding
id other smart forms of
tr; portatic
L
Exploration Pointe - www.explorationpointe.com
I
Exploration Pointe - A Gardens Science & Technology Community
lage Partners will spend
f dollars in private funds
local road improvements
taxpayers won’t have to
g widening and extend-
tech ,Jmpanies to live closer to
their workplace, instead of living
tion ,enters of the county, helping
to pr :vent further clogging of road-
ways and the interstate by thou-
sand of new commuters.
Explc ration Pointe residents will
live, learn, shop and play within
re1at:vely few miles of their work-
place. This is the best way to ensure
that current residents will not be
adve:sely affected by the influx of
near I he congested eastern popula-
Wit Exploration Pointe we will
alternative transportation
promote walking and bicy-
connect neighborhoods
such as schools,
trying to put the housing
areas close enough
to get in your car
said Bob Weis-
County Admin-
-mn ities within walking or biking
distance means better health, less
isolation, and more independence
for children. Good neighborhood
design allows people to easily con-
nect at work, at home, at the ball
field and the grocery store.
-L
Employees at the new biomedical cluster
in Exploration Pointe will live, learn, shop
andplay within afew miles oftheir work-
place. -
By clustering residential and com-
mercial neighborhoods close to
one another, Exploration Pointe
will preserve more than 2,000 acres
of green open space for use by bik-
ers, joggers and wildlife. Traffic will
flow freely both inside the commu-
nity and out.
Imagine working, living and playing
without having to drive anywhere.
Exploration Pointe - A Gardens
Science & Technology Community
is based on creating open spaces for
our residents and neighbors, and
making traffic solutions a reality for
everyone.
I
“It is vital that transportation planning begin
long before we build new homes, businesses
and workplaces. Especially with volatile fuel
prices, it is more important than ever that we
dun for Scripps and biotech spin-oflfirms
now and locate future workers as close to their
workplace as possible. ‘‘
r - Dr. Scot Leftwich -
Dr. Scot Leftwich, president and co-founder Leftwich Consulting
Engineers Inc., has over 30 years of traffic and transportation
engineering experience. He has been responsible for over 1,000
projects that have improved traffic in Lake, Volusia, Monroe,
Miami-Dade and Flagler counties, including a traffic model for
the Miami Downtown Transportation Master Plan.
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