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HomeMy WebLinkAboutAgenda Council Agenda 030702City of Palm Beach Gardens Council Agenda March 7, 2002 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo Vice Mayor Jablin Council Member Clark Council Member Furtado Council Member Sabatello II. III. IV. VII. VIII. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING March 7, 2002 7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL ANNOUNCEMENTS: PRESENTATIONS: a.Recognition of Gary Carter’s induction into the New York Mets Hall of Fame. ITEMS & REPORTS BY MAYOR AND COUNCIL: CITY MANAGER REPORT: a.Scheduling of Canvassing Board Meeting. COMMENTS FROM THE PUBLIC: For Items Not on the A~enda~ please submit request form to the Citv Clerk prior to this Item) CONSENT AGENDA: a.Consideration of approving Minutes from the February 7, 2002 Regular City Council Meeting. b.Resolution 36, 2002 - Beach Renourishment. Consideration of supporting the continuation of beach renourishment funding and the facilitation of a streamlined permitting process. IX. Co Resolution 37, 2002 - Citizens’ Property Insurance. Consideration of supporting the merger of the Florida Windstorm Underwriting Association into the Florida Residential Property and Casualty Joint Underwriting Association and the creation of the Citizens Property Insurance Corporation. do Resolution 38, 2002 - Regional Planning Councils. Consideration of supporting restored funding for Regional Planning Councils. eo Resolution 39, 2002 - Sunny Plaza Plat. Consideration of approving the Sunny Plaza Plat. f.Proclamation -"Read Together Palm Beach County Month." PUBLIC HEARINGS: ao Ordinance 2, 2002 - Christ Fellowship South Campus Conditional Use Amendment (First Reading Continued from 1/10/02). Consideration an ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an amendment to Palm Beach Gardens Christ Fellowship Church South Campus (located at 5312 Northlake Boulevard, approximately ¾ miles west of Military Trail as more particularly described herein) by amending a condition of approval for a previously approved conditional use; amending Ordinance 34, 1999; providing for a condition of approval; providing for severability; providing for conflict; and providing for an effective date. And Resolution 4, 2002 Christ Fellowship South Campus Site Plan Amendment (Continued from 1/10/02). Consideration of approving application from Palm Beach Gardens Christ Fellowship by amending a condition of approval for a previously approved site plan for the Christ Fellowship Church South Campus (located at 5312 Northlake Boulevard, approximately 3A miles west of Military Trail as more particularly described herein) by amending a condition of approval for a previously approved conditional use; amending Resolution 5, 2000. (Continued from 1/10/02) bo Ordinance 44, 2001 - Christ Fellowship North Campus Amendment (First Reading Continued from 1/10/02). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an amendment to Palm Beach Gardens Christ Fellowship Church North Campus by amending conditions of approval for the site, located on the north side of Northlake Boulevard, approximately 1 ½ mile west of Military Trail as more particularly described herein, amending Ordinance 20, 1997, and Ordinance 23, 1999; providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date Resolution 81, 2001 - Regional Center NOPC Altering Master Plan Parcels 27.09 & 27.13. Consideration of amending Resolution 96, 1999, the Consolidated and Amended Development Order for the Regional Center Development of Regional Impact (DRI) and Planned Community District (PCD); providing for amendment of the Master Development Plan to reconfigure the alignment of Victoria Gardens Drive, relocate the Neighborhood Commercial Parcel 6, redesignate the use of Parcel 6 as Multifamily Residential, redistribute the acreage of Parcel 7 between Parcel 2 and the Community Serving Open Space Area around Lake Victoria, increase the square footage of Commercial Uses by 200,000 square feet, and amend condition #1 to establish and adopt a Land-Use Conversion Matrix and General Land-Use and Design Guidelines for the area west of the Water Management Tract and south of Gardens Boulevard;; providing that the City Clerk shall transmit copies of this resolution to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, MacArthur Center Property Owners Association, Inc., and the Mall Properties Ltd.; providing for repeal of Resolutions in conflict; and providing for an effective date. do Ordinance 8, 2002 Hungryland Slough Rezoning from PDA to Conservation (Second Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, rezoning approximately 730.3 acres of land known as "Hungryland Slough" and located on the west side of Bee Line Highway, approximately 3.5 miles north of the intersection of PGA Boulevard, as described herein, from Planned Development Area (PDA) to Conservation (CONS); amending the official City zoning providing for conflicts; providing for severability; and providing for an effective date. Ordinance 1, 2002 - Floodplain Ordinance (Second Reading). ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the enactment of a Flood Damage Prevention Plan to conform to the National Flood insurance Act of 1986, as amended, and the adoption of Floodplain Management Regulations that meet the standards of the National Flood Insurance Program; providing for repeal of Ordinance 4, 1987 and existing regulations; providing for the revision of Section 78-523, "Design Storm"; providing for a new Subdivision VI of Division 9 of Article V of Chapter 78 of the City Code of Ordinances entitled "Floodplain Regulations," providing for codification; providing for severability; providing for conflicts; and providing for an effective date. X.RESOLUTIONS: ao Resolution 166, 2001 - Eckerd at the Promenade. Consideration of approving an application from Gardens East Plaza for approval of a 14,090 square foot drugstore and 3,867 square feet of in-line retail with a tower feature on Tracts 1, 2, and 3 (1.67 acres) in the Promenade Shopping Center (fka Gardens East Plaza), located within the Gardens East Planned Community District (PCD), on the east side Altemate A1A, approximately 500 feet north of Lighthouse Drive. bo Resolution 181, 2001 - Evergrene Parcel 4B. Consideration of approving a site plan application for "Parcel 4B" with a total of 77 single-family units and 63 multi-family units within the Evergrene PCD, located between Hood Road & Donald Ross Road and as more particularly described herein; providing for conditions of approval; providing for waivers. XI. ORDINANCES: (For Consideration on First Reading) XII. ITEMS FOR COUNCIL ACTION: XIII. ITEMS FOR DISCUSSION: XIV. CITY ATTORNEY REPORT: XV.ADJOURNMENT. In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk’s Department, no later than 5 days prior to the proceeding at telephone number (561) 799-4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800) 955-8700 (VOICE), for assistance. If a person decides to appeal any decision made the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. IV. PRESENTATIONS: go Recognition of Gary Carter’s induction into the New York Mets Hall of Fame. CITY OF PALM BEACH GARDENS MEMORANDUM TO:Mayor Joseph Russo and Members of the City Council DATE:February 25, 2002 APPROVED: Ronald Ferris, City Manager ( FROM:Carol Gold, City Clerk (,_)-.~ SUBJECT:Canvassing Board As you know, the 2002 Municipal Election will be held on March 12th. The City’s Code of Ordinances states, "The city council shall meet as a canvassing board and shall canvass the returns of each city election within two days of the date thereof." Since March 12th is a Tuesday, the canvassing board must meet either Wednesday, March 13th or Thursday, March 14th. The meeting should take no more that 5 or 10 minutes. A suggestion was made that since Wednesday will be a recovery day for many, we meet on Thursday, and then have lunch together. Please consider this and advise me of your preference. cc: Sheryl Stewart, Assistant to the City Manager CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING FEBRUARY 7, 2002 The February 7, 2002 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:00 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag ROLL CALL: The City Clerk called the roll and the following elected officials were in attendance: Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Council member Lauren Furtado, Council member David Clark, and Chair Pro Tem Carl Sabatello. PRESENTATION: Outstanding Student: Vice Mayor Jablin introduced Educational Advisory Board member Leslie Millar, who provided an introduction for Summer Lubar, selected by the Board for recognition as an outstanding student. Ms. Millar noted that Summer was a grade-A student at the Weiss School, and described her singing and athletic accomplishments. Ms. Lubar sang The Star Spangled Banner. Mayor Russo presented Ms. Lubar with an outstanding student certificate of achievement. Police Department - Certificate of Accomplishment: Mayor Russo congratulated the team of police officers who had captured the gypsy burglars, who had burglarized homes throughout the country, and Police Chief FitzGerald added his congratulations. Municipal Complex Art Task Force - Vice Mayor Jablin announced that two major pieces of art are proposed for the Municipal Complex property. David Porter, Chair of the Art Task Force, described the art and the proposed locations in a slide presentation. It was announced that one contract was on tonight’s consent agenda and the other would be on a future agenda when all signatures had been obtained. Discussion ensued regarding whether the sculpture planned for the Military Trail location went with the building. The City Council was requested to look at pictures of the sculpture over the next two weeks in order to make a decision. ITEMS & REPORTS BY MAYOR AND COUNCIL: PGA Gate Issue - Mayor Russo announced that this item would not be heard tonight because of an objection by County staff, but that Commissioner Marcus supported it. It was announced that this item would be presented on February 21. Resolution 81, 2001 - Mayor Russo announced that the public hearing would be opened and then this item would be continued to a date certain. Consent Agenda - City Manager Ron Ferris requested items i, j, and k be pulled from the Consent Agenda for discussion. Wireless Communications Facilities Workshop - City Manager Ferris recommended this item be rescheduled. Council member Furtado moved approval of the staff recommendation. Vice Mayor Jablin seconded the motion, which carried by unanimous 5-0 vote. Mayor Russo reported it had been a year since City Manager Ferris had decided to stay as City Manager, and he believed Mr. Ferris had done an exceptional job. Mayor Russo indicated that he would like to discuss items Mr. Ferris planned to implement. Mayor Russo commented he had been very frustrated with the economic development in the city CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/7/02 2 as it related to the surrounding cities who had not participated in the Chamber of Commerce program; however, Mr. Ferris had indicated his management team would work with the City Council to get the advisory group back, and would put together a marketing package to bring businesses to the City. Council member Furtado reported the PGA Corridor Association would like to work on this as well. Mayor Russo announced a meeting would be held February 21. Mr. Ferris noted staff would be establishing a plan and networking, and if costs became significant, the City Council would be advised.Council member Furtado advised that the college wanted to work with the City also. Mr. Ferris reported that a rapid response team of employees had been selected to attend meetings of homeowners associations and other organizations, to act immediately on community issues brought to the City by citizens and to see that the issues were brought to the City Council if needed. Mayor Russo welcomed Stacy Rundle, the new Grant Coordinator. Mayor Russo reported he had met with Senator Pruitt and Representative Atwater and had requested help with FDOT in facilitating the turnpike interchange project. Mayor Russo reported he had attended a literacy meeting and a reading program is to be implemented throughout the County. Mayor Russo indicated the Code had been changed regarding directional signs, and requested that be researched since the change had created problems for Arti Gras and directional signs would be needed at next year’s golf tournament. Council member Sabatello commented that property owners were responsible for maintenance of right-of-way and median landscaping, but conditions of approval were not clear regarding what triggered that responsibility. Mayor Russo noted that the approval for Legacy Place did not specify responsibility for maintaining the landscaping. Staff was directed to research these issues. Mayor Russo suggested a meeting with the development community to see if they would prefer the City to do the maintenance and be reimbursed by the property owner. Council member Sabatello recommended that conditions be written more specifically to address triggering of responsibility and suggested the responsibility be assumed six months following date of approval. CITY MANAGER REPORT: Quarterly Financial Report: Finance Director Owens presented the quarterly financial report for the period ending December 31, 2001. The General Fund and the Enterprise Fund for the golf course were reviewed and discussed. Sales tax revenue had decreased, and golf course revenues and expenditures were also down from the prior year. Concern was expressed regarding the reduction of rounds, however, Mr. Owens indicated play had picked up recently. Insurance premium reductions were reviewed under the risk management portion of the report. Mr. Owens explained that a budget amendment reallocation would need to be done to accommodate the updated salary study. Control procedures were discussed, and Mayor Russo requested the auditors address the control procedures in their management letter. COMMENTS FROM TI-IE PUBLIC: Sam Carsillo, 10063 Dahlia Avenue, compared the Ryder Cup proposal to closing Steeplechase to traffic years ago, and recommended the people of PGA National take the same steps to close Ryder Cup for the good of the residents. CONSENT AGENDA: CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/7/02 3 Council member Clark moved approval of the consent agenda with the exception of items i, j, and k. Vice Mayor Jablin seconded the motion, which carried by vote of 5-0. a. Consideration of approving Minutes from the January 10, 2002 Regular City Council Meeting. b. Resolution 149, 2001 - Regional Center Parcels 27.12, 27.14 and Lake Victoria Gardens Avenue Plat. Consideration of approving Regional Center Parcels 27.12, 27.14 and Lake Victoria Gardens Avenue Plat. c. Resolution 152, 2001 - PGA Commons Plat 2 Plat. Consideration of approving PGA Commons Plat 2 Plat. d. Resolution 10, 2002 - Special Master. Consideration of appointing Kevin M. Wagner to serve as Code Enforcement Special Master and executing the agreement. Resolution authorizing e.13, 2002 - EMPA Grant for Fire Training. Consideration of execution of an application for State of Florida Division of Emergency Management Community Affairs funds for a fire training facility, and to enter into an agreement for the monies. f. Resolution 14, 2002 - Irrigation End User Agreement for Fire Station #4. Consideration of approving an Irrigation End User Agreement for Fire Station #4 (Mirasol) between the Mirasol Master Maintenance Association, Inc. and the City of Palm Beach Gardens. g. Resolution 16, 2002 - Rescue Chassis. Consideration of authorizing the exchange of surplus property. h. Resolution 17, 2002 - American Red Cross. Consideration of approving an agreement with the American Red Cross for the use of City facilities as a command post. 1.Resolution 21, 2002 - Evergrene PCD Plat. Consideration of approving the Evergrene PCD Plat. m. Resolution 23, 2002 - GSG Contract - PGA Flyover Assessment Program. Consideration of approving an agreement with Government Services Group (GSG), Inc. to provide preliminary program testing procedures. City Attorney Rubin explained that items (i) and (j) which were pulled from the consent agenda apparently contained Scribner’s errors in the contracts distributed in the packets; however, corrections had been made and new versions distributed to the Council. The Human Resources Director explained there had been several typographical errors, which had been corrected. i. Resolution 18, 2002 -PBA Contract - Police Officers, Sergeants and Communications Operators. Consideration of approving and ratifying an agreement with the Police Benevolent Association for Police Officers, Sergeants and Communications Operators employed by the City’s Police Department for Fiscal Years 2001-02, 2002-03 and 2003-04. Council member Clark moved to approve Resolution 18, 2002. Vice Mayor Jablin seconded the motion, which carried by unanimous 5-0 vote. j. Resolution 19, 2002 - PBA Contract - Lieutenants. Consideration of approving and ratifying an agreement with the Police Benevolent Association for Lieutenants employed by the City’s Police Department for Fiscal Years 2001-02, 2002-03 and 2003-04. Council member Clark moved to approve CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/7/02 4 Resolution 19, 2002. Vice Mayor Jablin seconded the motion, which carried by unanimous 5-0 vote. k. Resolution 20, 2002 Award of Contract - Artists. Consideration of approving two agreements for the creation, delivery and .installation of sculptures for the City’s Municipal Complex. The City Attorney explained that Resolution .20, 2002 was only for the sculpture to be placed in the lobby. Council member Clark moved to approve Resolution 20, 2002. Vice Mayor Jablin seconded the motion. During discussion of the motion it was pointed out that two members of the Council would like more information; therefore, Council member Clark withdrew his motion. Vice Mayor Jablin indicated he would explain the size and mass of the sculpture in the lobby following the meeting. PUBLIC HEARINGS: Resolution 81, 2001 - Mayor Russo declared the public hearing open, held on the intent of Resolution 81, 2001 - Consideration of amending Resolution 96, 1999, the Consolidated and Amended Development Order for the Regional Center Development of Regional Impact (DRI) and Planned Community District (PCD); providing amendment of the Master Development Plan to reconfigure the alignment of Victoria Gardens Drive, relocate the Neighborhood Commercial Parcel 6, redesignate the use of Parcel 6 as Multifamily Residential, redistribute the acreage of Parcel 7 between Parcel 2 and the Community Serving Open Space Area around Lake Victoria, increase the square footage of Commercial Uses by 200,000 square feet, and amend condition #1 to establish and adopt a Land-Use Conversion Matrix and General Land-Use and Design Guidelines for the area west of the Water Management Tract and south of Gardens Boulevard; providing that the City Clerk shall transmit copies of this resolution to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, MacArthur Center Property Owners Association, Inc., and the Mall Properties Ltd.; providing for repeal of Resolutions in conflict; and providing for an effective date. Hearing no comments from the public, Council member Furtado made a motion to continue Resolution 81, 2001 to the meeting of February 21, 2002. Council member Clark seconded the motion. Mayor Russo commented this situation had arisen because all information had not been received. Growth Management Director Charles Wu indicated he could not predict when all information would be received. Discussion ensued. Council member Sabatello requested staff recommend timing for continuation. Mr. Wu recommended any meeting atler the March 7 meeting. The original motion and second were withdrawn. Attorney John Gary commented the applicant had met with staff that morning and had been prepared to make a presentation tonight reviewing all ADA and Map H information. Attorney Gary indicated that staff had been given all information the applicant planned to rely on concerning the 20-acre park. Mayor Russo indicated that other information, such as traffic information, had not yet been received. Attorney Gary requested the continuation be set for the earliest possible date. The City Council decided to continue the public hearing to March 7 and to discuss the language at the next meeting on February 21. Council member Clark made a motion to continue the public hearing for Resolution 81, 2001 to March 7. Vice Mayor Jablin seconded the motion, which carried by unanimous 5-0 vote. Mayor Russo announced he would not be CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/7/02 5 voting on this Resolution; however, the City Attorney had advised him that he could vote to continue the public heating. Ordinance 8, 2002 An ordinance of the City Council of the City of Palm Beach Gardens, Florida, rezoning approximately 730.3 acres of land known as "Hungryland Slough" and located on the west side of Bee Line Highway, approximately 3.5 miles north of the intersection of PGA Boulevard, as described herein, from Planned Development Area (PDA) to Conservation (CONS); amending the official City zoning map; providing for conflicts; providing for severability; and providing for an effective date, for consideration of first reading. Mr. Wu presented the request. Mayor Russo declared the public hearing open, held on the intent of Ordinance 8, 2002. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Council member Clark moved that Ordinance 8, 2002 be placed on first reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 5-0 vote. The City Clerk read Ordinance 8, 2002 on first reading by title only. RESOLUTIONS: Resolution 182, 2001 - Approving a Site Plan application for "Parcels 1, 2 & 7" with a total of 320 single-family units within the Evergrene PCD, located between Hood Road & Donald Ross Road. Senior Planner John Lindgren presented the project and answered questions from the City Council. It was recommended that whenever waivers were granted that the reasons for those approvals be announced for the benefit of the public. Henry Skokowski, agent for the applicant, clarified for Council member Sabatello that the rear decks would be brought to a 3’ setback, the same as on the screen enclosures, with the fence on the property line. Mr. Skokowski also clarified the other setbacks, and that there would not be homes with the same architectural style or floor plan next to one another. Mr. Skokowski reviewed the lot coverages. Council member Clark moved approval of Resolution 182, 2001 with the changes read into the record and agreed to regarding the deck setbacks as noted by the applicant to Council member Sabatello. Vice Mayor Jablin seconded the motion, which carried by unanimous 5-0 vote. Resolution 15, 2002 - Approving a Site Plan application for two restaurants within the Gardens Mall totaling approximately 10,903 square feet, located within the Regional Center DRI along PGA Boulevard. Principal Planner Talal Benothman presented the project, answered questions from the City Council, and clarified that staff had revised page 2 of the resolution and had so notified the City Clerk. A representative of Gardens Mall indicated their challenge was to continually upgrade the mall, and explained that these restaurants were really needed. The Council thanked the applicant for their participation in the TIPS program. Council member Clark made a motion to approve Resolution 15, 2002 with the change as read into the record regarding the changes on page 2 that had been delivered to the City Clerk. Vice Mayor Jablin seconded the motion, which carried by unanimous 5-0 vote. ORDINANCES: Ordinance 1, 2002 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the enactment of a Flood Damage Prevention Plan to conform to the National Flood insurance Act of 1986, as amended, and the adoption of Floodplain Management Regulations that meet the standards of the National Flood Insurance Program; providing for repeal of Ordinance 4, 1987 and existing regulations; providing for the revision of Section 78-523, "Design Storm"; providing for a new CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/7/02 6 Subdivision VI of Division 9 of Article V of Chapter 78 of the City Code of Ordinances entitled "Floodplain Regulations," providing for codification; providing for severability; providing for conflicts; and providing for an effective date, for consideration of first reading. Planner Kara Irwin presented the request, and explained how this program could reduce flood insurance premiums for residents. Council member Clark moved that Ordinance 1, 2002 be placed on first reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 5-0 vote. The City Clerk read Ordinance 1, 2002 on first reading by title only. ADJOURNMENT: There being no further business to discuss, upon motion by Council member Clark, seconded by Vice Mayor Jablin, carried 5-0, the meeting was adjourned at 10:10 p.m. APPROVAL: MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN CHAIRMAN PRO TEM CARL SABATELLO COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO ATTEST: CAROL GOLD CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL \ Agenda Cover Memorandum: February 25, 2002 (~_ Meeting Date: March 7, 2002 Subject/Agenda Item: Resolution 36, 20 Beach Renourishment. Consideration of supporting the continuation of beach renourishment funding and the facilitation of a streamlined permitting process Recommendation/Motion: Adopt Resolution 36, 2002. Reviewed by: City Attorney~’~ ACM Other Submitted by: Approved by: City Manager Originating Dept.: City Clerk Advertised: Date: Paper: [ X ] Not Required Affected parties ..[----i-Notified [ X ] Not required Costs: $ 0 (Total) $. 0 Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: Council Action: [ ] Approved [] Approved conditions [ ] Denied [ ] Continued to: Attachments: Memorandum [ ] None w/ BACKGROUND: A request for support of continued funding of beach renourishment programs was received from Representative Jeff Atwater. Please see attached. Jeff Atwater District 83 Florida House of Representatives 10337 North Military Trail Palm Beach Gardens, FL 33410 (561) 625-5101 Fax (561) 625-5103 atwater.j eff@leg.state.fl.us 402 North Monroe S~ Tallahassee FL 32399 (850) 488-0322 Fax 1-888-544-0397 February 12, 2002 David Cl~k~ Council Member 10500 N. Military Trail Palm Beach Gardens, FL 33410-4698 Dear David: With session in full swing, I wanted to relay information about two issues of vital importance to Palm Beach County that are currently being raised here in Tallahassee. The matters at hand are the renourishment of our beaches and the structure of the windstorm insurance industry. Beach renourishment, an issue significant to both our residents and our tourism industry, needs your support in order to not only maintain funding but to also facilitate a more user-friendly permitting process. It is my desire to bring a competitive marketplace back into the windstorm protection insurance business in order to promote affordability, accessibility and improved customer service. In order to accomplish these goals, I am appealing for your support in the form of a resolution approved by your municipality. It is my hope that these resolutions could be sent directly to my office in Tallahassee at which time we will make sure they are placed in the proper hands of involved committee members. I have included with this request points of importance regarding each issue that could be used as a guide in the resolution-writing process. I hope they prove to be helpful. Thank you in advance for your attention to this matter and also for your continued support of all issues important to the residents, businesses and municipalities of Palm Beach County. If my office can be of further assistance on this matter, please don’t hesitate to contact us. Sincerely, Jeff Atwater " Vice-Chair, Economic Dev. & Int’l Trade Elder a~d Long-Term Care Fiscal Policy & l~esom~ces Council for Competitive Commerce Why is beach renourishment important? Beach projects protect property - property that is some of the most valuable real estate in Florida from a tax base standpoint as well as important public lands and roadways. Healthy beaches contribute to a healthy economy, i.e. tourism. Beach projects can be completed without environmental damage or with appropriate mitigation. - What can the State of Florida do to facilitate beach renourishment projects? Continue to fund beach renourishment projects at a level consistent with the essential needs of coastal regions. ¯ Permitting should be made easier to facilitate the faster completion of environmentally responsible projects and the Federal and State permit requirements should be coordinated for consistency. ¯ Areas downdrift from inlets should receive special consideration for projects mitigating inlet-caused erosion. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 36, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, SUPPORTING THE CONTINUATION OF BEACH RENOURISHMENT FUNDING AND THE FACILITATION OF A STREAMLINED PERMITTING PROCESS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FORAN EFFECTIVE DATE. WHEREAS, beach renourishment projects contribute to a healthy economy, promote tourism, and protect real property throughout the state, including public lands and roadways, and can be completed without environmental damage and with appropriate mitigation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1" The foregoing "WHEREAS" clause is hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council of the City of Palm Beach Gardens hereby expresses its support for ’~ontinued funding of beach renourishment programs at a level consistent with the esseniial needs of the coastal regions and for a streamlined permitting process to facilitate faster completion of environmentally responsible projects. The City Council further supports the coordination of federal and state permit requirements in an effort to promote consistency. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. ’.~ SECTION 5: This Resolution shall become effective immediately upon adoption. -1- RESOLVED, ADOPTED AND APPROVED THIS DAY OF ,2002. ATTEST: CAROL GOLDI MMC, CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. MAYOR JOSEPH R. RUSSO LEONARD G. I~UBIN, CITY ATTORNEY VOTE:AYE NAY ABSENT MAYOR RUSSO VICE MAYOR ~JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK -2- CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum: February 25, 2002 Meeting Date: March 7, 2002 Subject/Agenda Item: Resolution 37, 2002 -Citizens’ Property Insurance. Consideration of supporting the merger of the Florida Windstorm Underwriting Association into the Florida Residential Property and Casualty Joint Underwriting Association and the creation of the Citizens Property Insurance Corporation. Recommendation/Motion: Adopt Resolution 37, 2002. Reviewed by: City Attorn~ ACM Other Originating Dept.: City Clerk Advertised: Date: Paper: Submitted by: Department Director Affected parties Appro~ [~]_~otified City Manager [ X ] Not required [ X ] Not Required Costs: $. 0 (Total) $ 0 Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: Council Action: [ ] Approved [] Approved conditions [ ] Denied w/ [ ] Continued to: Attachments: Memorandum [ ] None BACKGROUND: A request for support of Citizens’ Atwater. Please see attached. Property Insurance was received from Representative Jeff Jeff Atwater District 83 Florida House of Representatives 10337 North Military Trail 402 North Monroe St Palm Beach Gardens, FL 33410 Tallahassee FL 32399 (561) 625-5101 Fax (561) 6~5-5103 (850) 488-0322 Fax 1-888-544-0397 atwater.ieff(~leg.state, fl.ns, February 1,2, 2002/’ Joseph Russo, ~ayor 10500 N. Mil)tary Trail Palm Beach,Gardens, FL 33410-4698 // Dear Jose, Ph: With session in full swing, I wanted to relay information about two issues of vital importance to Palm Beach County that are currently being raised here in Tallahassee. The matters at hand are the reno~rishment of our beaches and the structure of the windstorm insurance industry. / Beach renourishment, an issue significant to both Our residents and our tourism industry, needs your S’upport in order to not only maintain funding but to also facilitate a more user-friendly permitting process. It is my d~s[re to bring a competitive marketplace back into the windstorm protection insurance business in order to promote affordability, accessibility and improved customer service. In order to accomplish these goals, I am appealing for your support in the form of a resolution approved by your municipality. It is my hope that these resolutions could be sent directly to my office in Tallahassee at which time we will make sure they are placed in the proper hands of involved committee members. I have included with this request points of importance regarding each issue that could be used as a guide in the resolution-writing process. I hope they prove to be helpful. Thank you in advance for your attention to this matter and also for your continued support of all issues important to the residents, businesses and municipalities of Palm Beach County. If my office can be of further assistance on this matter, please don’t hesitate to contact us. Sincerely, .JeffAtwater;.: ¯ c : . Vice-Chair, Economic Dev. & Int) Trade Elder and Long-Term Care Fiscal Policy & Resources cotmcil for competiiri~;~ Commei~e Windstorm Insurance Citizens Property Insurance Corporation is the new entity resulting from the merger-of the Florida Windstorm Underwriting Association into the Florida Residential Property and Casualty Joint Underwriting Association. Citizens will offer significant enhancements over these entities, while maintaining their critical elements. The following are the major features of the proposal: Less Government - Florida has two separate residual property markets. The FRPCJUA - Florida Residential Property & Casualty Joint Underwriting Association, and the .FWUA - Florida Windstorm Underwriting Association. Currently these markets have separate computer systems, separate management teams, separate headquarters, as well as two sets of consultants, law firms, actuaries, regulations, and legislative agendas. Under CPIC this duplication is eliminated by using one entity to handle these functions. ¯Improved customer service - Currently, many Florida citizens that participate in the residual markets must complete two applications and write two checks each month. After a loss the policyholder may have to deal with two companies, two agents and two separate adjusters. The coverage that is obtained often times is inferior to coverage available in the private market. Also, consumers may be forced to move all of their insurance coverage to a take-out company, regardless of the consumer’s previous relationship with their agent and prior insurer. Under CPIC, consumers will be able to purchase comparable coverage to the voluntary market and have the opportunity to maintain the relationship with their current agent and insurer. ¯Significant Tax Savings - Citizens is structured to be a tax-exempt entity. This will allow CPIC to collect revenues tax-free and issue tax-free bonds. According to a 2001 ~.~Senate Interim Report~ this would reduce debt service costs by ~as much as $1. billion on a. $2.5 billion 20-year bond. ¯Reduces Subsidy - Florida’s residual markets burden all homeowners by levying assessments on carriers who pass the cost on to policyholders through higher premiums. As the residual markets grow, so does the potential assessment burden on all homeowners. The CPIC proposal reduces the need for assessments by allowing the residual market surplus to accumulate tax-free while ensuring that its rates cannot be less than the voluntary market. CPIC also creates a broader and more equitable assessment base by including surplus lines insurers and policyholders. Currently homeowners insured through surplus lines carriers are exempt from assessments. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 37, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, SUPPORTING THE MERGER OF THE FLORIDA WINDSTORM UNDERWRITING ASSOCIATION INTO THE FLORIDA RESIDENTIAL PROPERTY AND CASUALTY JOINT UNDERWRITING ASSOCIATION AND THE CREATION OF THE CITIZENS PROPERTY INSURANCE CORPORATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the State of Florida currently has two separate residual property markets, the Florida Windstorm Underwriting Association (FWUA) and the Florida Residential Property & Casualty Joint Underwriting Association (FRPCJUA), with separate computer systems, separate management teams, separate headquarters, as well as two sets of consultants, law firms, actuaries, regulations, and legislative agendas; and WHEREAS, the creation of the Citizens Property Insurance Corporation would eliminate the d~plication of functions, and allow Florida citizens participating in the residual markets to interact with only one agency, thereby improving customer service; and WHEREAS, the creation of the Citizens Property Insurance Corporation would allow consumers to.: purchase comparable coverage to the voluntary market and realize significant tax ~avings because it will be structured as a tax exempt entity, allowing the collection of revenues tax-fee and the issuance of tax fee bonds. NOW, T.HEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true a:nd correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council of the City of Palm Beach Gardens hereby supports the merger of the Florida Windstorm Underwriting Association into the Florida Residential Property and Casualty Joint Underwriting Association and the creation of the Citizens Property Insurance Corporation. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or -1- application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. RESOLVED, ADOPTED AND APPROVED THIS __ ATTEST: CAROL GOLD MMC, CITY CLERK I HEREBY CERTIFY that I have approved this Resolutionlas to form. DAY OF ,2002. MAYOR JOSEPH R. RUSSO LEONARD G. RUBIN, CITY ATTORNEY VOTE:AYE NAY ABSENT MAYOR RUSSO VICE MAYOR ~JABLIN COUNCILMAN.SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK ~,,:. ¯ -2- CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum: February 25, 2002 Meeting Date: March 7, 2002 Subject/Agenda Item: Resolution 38, 2002 -Regional Planning Councils. Consideration of supporting restored funding for Regional Planning Councils. Recommendation/Motion: Adopt Resolution 38, 2002. Reviewed by: City Attorney ACM Other Submitted by: Originating Dept.: City Clerk Advertised: Date: Paper: [ X ] Not Required Affected parties [ ] Notified [ X ] Not required Costs: $. 0 (Total) $ 0 Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: Council Action: [ ] Approved [] Approved conditions [ ] Denied [ ] Continued to: Attachments: Memorandum [ ] None w/ BACKGROUND: A request for support of restoration of funding for Regional Planning Councils was received fi:om the Treasure Coast Regional Planning Council. Please see attached. MEMORANDUM To; From: Date: Treasure Coast Region Local Governments Michael J. Busha, Executive Director February 15, 2002 Subject: Resolution Supporting Restoration of Funding for.Regional Planning Councils At its February 15, 2002 meeting, Council passed Resolution 02-01 in support of the state providing a..more_ proportionate share of funding for regional planning councils (see attached): Council is requesting that its local governments adopt a similar resolution (sample attached) and forward a copy to those listed below.. Current status of regional planning council funding and rationale for local governments to support such a request is provided in an attached memorandum. The Honorable Jeb Bush, Govemor The Executive Office of the Govemor The Capitol Talialaassee, FL 32399-0001 Michael J: Busha, Executive Director Treasure Coast Regional Planning Council 301 East Ocean Boulevard, Suite 300 Stuart, Florida 34994 Mr. Ronald Book, P.A. Executive Director Florida Regional Planning Councils Association 2999 Northeast 191st Street, PH 6 North Miami Beach, FL 33180 If you need additional information or assistance please call. Thank you. Attachment "Bringing Communities Together " * Est. 19 76 301East Ocean Boulevard - Suite 300 - Stuart, Florida $4994 Phone (56.1).221-4060 - SC 269-4060 - Fax (561) 221-4067 - E-mail "k . RESOLUTION¯¯ 02-01 RESOLUTION OF THE TREASURE COAST REGIONAL ..... :-... PLANNING COUNCIL. SUPPORTING RESTORATION OF FUNDING --" "- . --FORREGIONALPLANNINGCOUNCILS :: ....,-. ....." <~.-.~.-..~ , ":--: WHEREAS, the Treasure Coast Regional Planning Council strongly supports adequate .funding of regional planning councils in the State of Florida; and WHEREAS, the Treasure Coast Regional Planning council recognizes that regional planning councils are required to perform numerous state-mandated economic development, growth .management, emergency management, technical assistance, interlocal dispute resolution functions, and other important statutory duties directed by the Legislature; and WHEREAS, .the .Treasure Coast Regional Planning Council recognizes that regional planning councils also provide a wide range of services and assistance in support of local government initiatives and programs; and .... ’: .. .;....;.~REAS~the.:Treasure Coast Regional Planning Council believes the ¯ " :’_:.~i ~’.:.~ :. :..i !: i~ ....:..~.. .~.... =..State,i~Aispropom’onatet~ relying on~ local dues and revenue from local . government t0:Support:regiona! #~g. councils which has resulted¯ in the. reduction of many- regional and local programs and initiatives; and ....WHEREAS, .the Treasure Coast Regional Planning Council believes the State’s responsibility for: supporting regional planning councils should be increased and shared more;~equally~be~een the State and its local govemmems. NOW, THEREFORE BE ~T RESOLVED BY THE TREASURE COAST REGIONAL PLANNING COUNCL CONTAINING .THE COUNTIES OF PALM .BEACH, MARTIN, ST. LUCIE AND INDIAN RIVER, THAT: Subject to modifications ........... = :-; :::..TREAS~ ¯COAST REGIONAL PLANNING COUNCIL " To:Council:,M~m~e~s " AGENDA ITEM 8 Date;.~: i-.::-Eebruary.~.!5~<2002 Council Meeting - SubJect: Regi.ona! P~anning Council FundingRequest I.ntroduction $92,000 cm in t~s C8~8~i s budget for ne~ ye~. ~is ~II ~ect the l~vei_’of Se~ces ~d work ~e Co~cil c~ provide for its Ioc~ gove~en~. The Executive Director for the Florida Regional Councils Association (FRCA) has asked each regional planning council through its board members,-to reach out to all legislators, especially thbseiiNemb~rS of the House Transportation and Economic Development Appropriafion;SUb~6~ttee and. the Senate Subcommittee on General Government. Appropriati~n~i With the-following message: 1)The funding cuts are unacceptable and will place additional burden on local government to further subsidize its state-mandated work program at the expense of local programs and services local governments have come to expect from their regional planning councils; and 2).Regional planning counr"il funding should be restored, to $3.0 million, which is where it was in .! 986 before thetrend of budget cuts began. " . The restoration of regional planning Council funding would allow Councils to fulfill their state-mandated statutory obligations without subsidy from local dues and reserves. Background Regional planning councils perform legislative- or state-mandated functions under 14 different Chapters of the Florida Statutes. Most of these functions are in the area of economic development, urban redevelopment, transportation, dispute resolution and Senate General .Government Appropriations-- Subcommittee Members CHAIRMAN: ....Senate office Building~ Room 418 Charlie Clary (R)- .404-:S6uth.~M0riroe Street .: ..Tallahassee~:;FL 32399-1~100’ 1241 Airport Road, Suite A. " ~ Destin, FL32541 . . " " ’ : (850) 833-9159 SunCom674-9159 " ’: " " Tall.ahasse~; FL. 32399-1100 ¯.(850) 48.7-5!27 ................... SunCo~277~5127 " James E.."Jim" King;’~ ~s~a~e~B~i!di~ng;:R~6m; 300 (850) 487-5030 SunCom 277-5030 John F. Laurent (R)Senate Office Building, Room 216 404 South Monroe Street¯Tallahaggee.~ FL 32399-1100 (850) ~87~504~.: ...." ¯ ":" SunCom 2.77:-50.44 Senate Office Building, Room 210 404 South Monroe Street Tallahassee, FL 32399-1100 (850) 487-5004 Suncom 277-5004 Miami, FL:33156 (305). 671-7240 9485:Regency Square Boulevard, Jacksonville;: FL 32225-8 i 45-.: i ~, . (904) 727~3600 . SunCom 841-3600 250 North Clark Avenue ¯ Bartow, FL 33830 (863) 519~-7595 .-SunCom 515-2021 Same 3 Chris Hart(R)Room 412 House ¯Office. " . ¯Building, 402 S. Monr0e St., . : :~ Tampa, FL-:¯ .Tallahassee, FL 32399-1300..33629-5608 "- . ¯ "Phone (850)4¯88-2770 ~(813)2.72-2920 - . -SUNCOM: ¯278-2770 .SUNCOM~:57i-2920 " Bob "Coach"Room 212 TheCapitol. :".~~ ~."... ’4449 West Hillsborough ¯ Henriquez (D)402 S. Monroe St.Tampa, FL ’Tallahassee~FL.32399~1300 33614-5439¯ " ¯ .....¯ ¯ .......... ....Phone (850)~88.~9~60::-5 -. -:- -. (813)673-4673 .... SUNCOM: ..278-9460 :: ..... " SUNCOM: 512-6954 Mike Hogan (R)"Room 1101 The’Capitol " "3520-1 Blanding Boulevard ~.402 S..M6~ :Stl;~.~ i:~ i.).:~_. ........-. .......Jacksonville, FL " "." TallahaSse6;FL.32399,13.00 .. 32210-5253 " " :Ph°ne(850)488~5i~02-~:"i " " ’i ":"- I. (904)573_4994.¯ .-SUNCOMi:. :278--5 i02. ~- ..SUNCOM: 884-4994 Edward L. "Ed"¯ Room 100fTti e Capitol-.’ ’1220 NESttiAwnue,Suite A Jennings, Jr.(D)402 S."Moi~6~:S~/i-.i ......i ....¯" " Gainesville, FL .: ’ - " Tatlahassee;.FL32399,i300.,i..~ .. ...... _326.01.;4597 ................ " Arthenia L. Joyner (D)- Room :-l:~iJ"i Tilg~c:i/’~-"~i6li::--. .":; ....508~w. Dr. ga~tin Luther King, Jr. 402 S. Monroe St.Blvd., Suite C Tallahassee, FL 32399-1300.Tampa, FL 33603-3402 Phone (850)488-5432 (813)233-2857 SUNCOM: 278-5432 SUNCOM: 514-2572or 514-2573 Mark Mahon (R)Room 1202 The Capitol 233 East Bay Street, Suite 1133 402 S. Monroe St:- -- .-.Jacksonville, FL Tal!ahasseei FL ~2~9~:~i-300 32202-5414 " -Phone (850)488-4171 (904)359-6090 SUNCOM: 278-4171 -.SUNCOM: 826-6090 Manuel Priequez (R)Room 210 House Office Building¯316-A SW 12th Avenue 402: S. Monroe St.Miami, FL ..Tallahassee, FL 32399-i300 "33130-2012.. Phone (850)488-4202 (305)643-7336 . SUNCOM: 278-4202 SUNCOM: 481-7336 Marco Rubio (R) Room 319 The Capitol 6427 SW 8th Street ¯ "402 S. Monroe St.Miami, FL Tallahassee, FL 32399-1300 33144-4813 Phone (850)488.,-4092 (305)442-6939¯SUNCOM: 278-4092 SUNCOM: 489-6939 ¯ - David D. Russell, Jr.Room 402 House Office Building The Lincoln Centre (R)402 S. Mom’oe St.12511 Springhill Drive Tallahassee,.FL 32399-1300-Spring Hill, FL 34609-5069 ¯ Phone (850)488-6641 (352)688-5004 SUNCOM: 278-6641 SUNCOM: 896-5004 4302 Henderson Blvd., Suit~ 113 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 38, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, SUPPORTING RESTORED FUNDING FOR REGIONAL PLANNING COUNCILS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FORAN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens supports adequate funding of regional planning councils in the State of Florida; and WHEREAS, the City of Palm Beach Gardens recognizes that regional planning councils are required to perform numerous state-mandated economic development, growth management, emergency management, technical assistance, interlocal dispute resolution functions, and other important statutory duties directed by the Legislature; and WHEREAS, the City of Palm Beach Gardens recognizes that regional planning councils also ,provide a wide range of services and assistance in support of local government initiatives and programs; and WHEREAS, the City of Palm Beach Gardens believes the State is disproportionately relying on local’ dues and revenue from local government to support regional planning councils which has resulted in the reduction of many regional and local programs and initiatives; and. WHEREAS, the City of Palm Beach Gardens believes the State’s responsibility for supporting regional planning councils should be increased and shared more equally between the State and its local governments. NOW, ~;HEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BE/~CH GARDENS, FLORIDA THAT: SECTION 1" The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true a’,nd correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council of the City of Palm Beach Gardens hereby requests that the Legislature support the Florida Regional Planning Councils Association budget request for recL~rring funding for regional planning councils as a $3.0 million line item in the Department of Community Affairs base budget. SECTION 3: The City Clerk is hereby directed to distribute copies of this resolution to: the Honorable Governor Jeb Bush, The Executive Office of the Governor, The Capitol, Tallahassee, FIsrida 32399-0001 the Treasure Coast Regional Planning Council, 301 East Ocean Boulevard, Suite 300, Stuart, Florida 34944; and Ronald Book, Executive Director, Florida Regional Councils Association, 2999 Northeast 191st Street, PH 6, North Miami Beach, Florida33180. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any cc~urt of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. ~ SECTION 6: This Resolution shall become effective immediately upon adoption. RESOLVED, ADOPTED AND APPROVED THIS ATTEST: ’~ CAROL GOLD’,’MMC, CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. DAY OF ,2002. MAYOR JOSEPH R: RUSSO LEONARD G. VOTE: RUBIN, CITY ATTORNEY AYE NAY ABSENT MAYOR RUSSO VICE MAYORI"JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK -2- CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: February 25, 2002 Meeting Date: March 7, 2002 Subject/Agenda Item: Resolution 39, 2002-Sunny Plaza Plat Recommendation/Motion: There are no engineering concerns with this plat, therefore we recommend its approval. Reviewed by. y. y. y.~ City Attorn~ Finance ACM Other Submitted b y~:.~/~ ~.~ Sean C. Donahue, P.E. Assistant City Engineer City Manager Originating Dept.: (~h Management Advertised: [X ] Not Required Affected parties [ ] Notified [X] Not required Costs: $ .0 (Total) $, 0 Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: Council Action: [ ] Approved [ ] Approved conditions [ ] Denied [ ] Continued to: Attachments: [ ] None w/ BACKGROUND: See attached memorandum. CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS "Partners For Results Value By Design" 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286-3883 Fax (561) 286-3925 www.lbfh.com TO: FROM: DATE: FILE NO. MEMORANDUM Carol Gold Sean C. Donahue, P.F~ February 25, 2002 99-4017 SUBJECT: Sunny Plaza-Plat We have reviewed the plat prepared by RPB Consulting, Inc. for the referenced project for technical compliance with Chapter 177 of the Florida Statutes and the City of Palm Beach Gardens. We have no engineering or surveying concerns with the plat. Therefore, we recommend its approval. SCD/ms P:WBGMEMO\4017~4017t.doc RESOLUTION 39, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE SUNNY PLAZA PLAT AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City engineer has reviewed the Sunny Plaza Plat; and WHEREAS, the City engineer has determined that the proposed plat meets all the technical requirements of the City’s Land Development Regulations and Chapter 177, F.S. and recommends the approval of the plat; and WHEREAS, the plat is consistent with the City’s Comprehensive Plan and LDRs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the Sunny Plaza Plat consisting of two (2) sheets dated February 2002, prepared by RPB Consulting, Inc., attached hereto as Exhibit "A." SECTION 2: This resolution shall be effective upon adoption. INTRODUCTED, PASSED, AND ADOPTED this 2002. day of ATTEST: JOSEPH R. RUSSO MAYOR CAROL GOLD, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN, CITY ATTORNEY Resolution 39, 2002 Page 2 of 2 VOTE: Mayor Russo Vice Mayor Jablin Councilwoman Furtado Councilman Clark Councilman Sabatello AYE NAY ABSENT CITY OF PALM BEACH GARDENS PALM BEACH CO UNTY, FLORIDA PROCLAMATION WHEREAS, an estimated 40% of the adults in the United States every year do not read a single book; and WHEREAS, only 45% of Americans read at least a half-hour a day; and WHEREAS, Read Together Palm Beach County seeks to promote reading, thoughtful dialogue and meaningful interaction among Palm Beach County residents; and WHEREAS, senior high students throughout the county will be reading and analyzing the book; and WHEREAS, many businesses will be encouraging their employees to read and discuss the book together; and WHEREAS, countless local service clubs will be hosting book discussion events; and WHEREAS, the City of Palm Beach Gardens is encouraging its residents to read Fahrenheit 451 by Ray Bradbury between March 15 and April 29, 2002. NOW, THEREFORE, I, Joseph R. Russo, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the month of April 2002 READ TOGETHER PALM BEACH COUNTY MONTH in the City of Palm Beach Gardens and urge all citizens to start reading. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be afj~xed on this 7th day of March, Two Thousand and Two. Attest: Carol Gold, MMC, City Clerk Mayor Joseph R. Russo One Book, One Community March 15 - April 29, 2002 CAMPAIGN COORDINATING COMMITTEE The Public Libraries of Palm Beach County, and Bookrest, Inc. (561) 233-2768 Palm Beach County Literacy Coalition (800) 273-1030 School District of Palm Beach County (561) 434-8228 The Palm Beach Post (561) 820-4131 February 11, 2002 Dear Mayor: Enclosed you will find a copy of the proclamation that should have been included in the initial packet you received on the Read Together Pa/m Beach County county-wide reading campaign. If-you-have-any ques~ons regarding-this-proclamation or the Read- - Together Palm Beach County campaign, please call 1-800-273-1030. Thank you for your support. Sincerely, O~//a~:reSaacbTcoordinator PROCLAMATION OF THE CITY OF DECLARING APRIL AS READ TOGETHER PALM BEACH COUNTY MONTH WHEREAS, an estimated 40% of the adults in the United States every year do not read a single book; and WHEREAS, only 45% of Americans read at least a half-hour a day; and WHEREAS, Read Together Palm Beach County seeks to promote reading, thoughtful dialogue and meaningful interaction among Palm Beach County residents; and --Wi-iE~:~E~kS, senior higfi students throughout the county will be reading and analyzing the book; and WHEREAS,. many businesses will be encouraging their employees to read and discuss the book together; and WHEREAS, countless local service clubs will be hosting book discussion events; and WHEREAS, the City of is encouraging its residents to read Fahrenheit 451 by Ray Bradbury between March 15 and April 29, 2002, NOW, THEREFORE, BE IT PROCLAIMED BY THE City Council assembled in regular session this the day of ,2002, that the month of April is proclaimed READ TOGETHER PALM BEACH COLEN-TY MONTH in and this Council urges all citizens to start reading! CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: March 7, 2002 Date Prepared: February 12, 2002 SUBJECT/AGENDA ITEM CU-01-06/SP-01-44- Christ Fellowship "South Campus" Conditional Use and Site Plan Amendment First Reading for Ordinance 2, 2002; and Consideration of Resolution 4, 2002: a request by Joe Ryan of Palm Beach Gardens Christ Fellowship Church to allow for deletion of conditions on approval of amendments to the site’s conditional use and site plan. The South Campus site is located at 5343 Northlake Boulevard, approximately ¾ mile west of Military Trail. (23-42S-42E) RECOMMENDATION Staff recommends approval of Resolution 4, 2002, and Ordinance 2, 2002. Reviewed by: Principal Plann City Attor~ Finance NA Human Res. NA Submitted by: Growth/-,, Manag,~m~ Charles K. Wu, AICP Approved by~ City Originating Dept.: Growth Management: Project (~ Managerk~L~--/ Ed Tom bari,-A-[CP Advertised: Not Required Affected parties: [ ] Notified [X] Not Required FINANCE: NA Costs: $ Total Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: P&Z Commission Action: [ ] Approved [ ] App. w/conditions [ ] Denied [ ] Rec. approval IX] Rec. app. w! conds. [ ] Rec. Denial [ ] Continued to:__ Attachments: Ordinance 2, 2002 Resolution 4, 2002 ¯Aerial Map ¯Ordinance 34, 1999 ¯Resolution 5, 2000 ¯Resolution 13, 1991 ¯Ordinance 30, 1990 ¯ CF response to residents: 2/6/02 City Council Meeting Date: March 7, 2002 Date Prepared: February 12, 2002 Petition CU-01-06 SP-01-44 BACKGROUND The applicant has requested several amendments from various development orders pertaining to the Palm Beach Gardens Christ Fellowship Church, which occupies two sites on both sides of Northlake Boulevard, known as "South Campus" and "North Campus." Each campus is a distinct zoning district; therefore, separate action must be taken by the City Council for each site. Ordinance 30, 1990, approved the "South Campus" as a Conditional Use within a residential area, which provided for a church and accessory pre- school use. The site plan for this use was approved by Resolution 13, 1991. Since the original approval, the site plan and conditional use have been amended several times by Resolution 5, 2000, and Ordinance 34, 1999. Resolution 5, 2000, provided for a time extension for completion of certain improvements previously approved on the "South Campus" site. As part of this approval, the City added a condition of approval that "Immediately upon the issuance of the first Certificate of Occupancy for the sanctuary on the north campus of Christ Fellowship, shuttle bus or any type of transportation service between the north and south campus shall cease." The applicant is requesting that this condition be deleted. Ordinance 34, 1999 approved an increase in maximum capacity at the "South Campus" sanctuary. As part of this approval, the City added a condition of approval that "Simultaneous broadcasts of presentations, programs or sermons conducted at any remote location to this site shall be prohibited." The applicant is requesting that this condition be deleted. LAND USE & ZONING The subject site is zoned Residential Low- RL-3 with a zoning overlay of Conditional Use, and has a future land-use designation of Residential Low. CONCURRENCY The applicant is requesting no expansion of use; therefore, concurrency is not required. PROPOSED AMENDMENTS Resolution 5, 2000, Condition 1: Shuttle Bus "Immediately upon the issuance of the first Certificate of Occupancy for the sanctuary on the north campus of Christ Fellowship, shuttle bus or any other 2 City Council Meeting Date: March 7, 2002 Date Prepared; February 12, 2002 Petition CU-01-06 SP-01-44 type of transportation service between the north and south campuses shall cease." Applicant’s Request It is the applicant’s intent to eliminate this condition so that they may resume shuttle service between the north and south campuses. The applicant has cited increased safety as the main reason to resume service, by providing worshipers a safer alternative to walking across six-lane Northlake Boulevard. Staff’s Initial Analysis Staff requested that the applicant provide the City with a description of the number and size of the vehicles to be used, as well as the operating schedule and route that the shuttle service would follow. Applicant’s Response The applicant has submitted information on the shuttle vehicles and times of operation (see attached), and has indicated that the church owns two late model 25 and 30-passenger vehicles. The applicant has submitted an operational plan indicating the shuttle bus route between campuses. Staff Recommendation It is staff’s professional opinion that the applicant is providing for safer transport of church members between two sites that comply with all applicable zoning codes. In order to ensure the safety of Church members traveling between the two campuses, staff recommends the elimination of Condition 1 of Resolution 5, 2000. Ordinance 34, 1999, Condition 2 "Simultaneous broadcasts of presentations, programs and sermons conducted at any remote location to this site shall be prohibited." Applicant’s Request The applicant has stated that both the North and South campuses have received traffic concurrency and site plan approval for religious uses operating simultaneously and has therefore requested that this language be eliminated in its.entirety. 3 City Council Meeting Date: March 7, 2002 Date Prepared: February 12, 2002 Petition CU-01-06 SP-01-44 Staff’s Initial Analysis Staff requested that the applicant expand further upon the traffic operation procedures at the Northlake Boulevard entrances to the north and south campuses during the beginning and end of services. Staff has reviewed the original traffic operation procedures, date stamped March 11, 1997 and notes that the study does not address the operation of utilizing both sites simultaneously for services and/or activities. The traffic operational procedures must adequately address the possibility of both sites (north and south campus) exiting and entering onto Northlake Boulevard simultaneously, should the language be deleted. Applicant’s Response The applicant submitted a previous traffic analysis and operational procedures for staff’s review as part of the initial PUD approval process (attached). The Police Department has reported no problems related to traffic operations at the site after one full year of operation. Staff’s Recommendation Staff found no evidence of traffic control problems at the entrances to both the North and the South Campus. Both sites have received approval from the City for religious use with certain square footage and sanctuary seating. The applicant has also provided staffwith a traffic operations site plan, indicating how traffic is controlled from both campuses. It is staff’s professional opinion that activities occurring on both sites simultaneously do not pose a significant hazard. Therefore, staff recommends deletion of this condition. NEIGHBORHOOD COALITION MEETING OF JANUARY 31, 2002 The applicant met with the coalition of neighbors at the City’s Fire Rescue Building on January 31, 2002. The meeting was conducted at the request of the residents. At the meeting, the residents expressed a concern regarding the Church’s future growth and requested that the Church refrain from pursuing the proposed amendments to the North and South Campuses until such time that the Church has created a comprehensive development plan, including any future expansions to the east. The Church expressed its interest in moving forward with the proposed amendments, as it had already waited nine months for review of the proposed amendments. The coalition requested information the Church provided, including information on area real estate values, traffic analysis, lighting, projected number of attendees and a "future concepts report." The information was submitted to the neighborhood coalition members for their review and has been filed with the City. Attached is the cover memorandum from the Church regarding the information submitted in response to the coalition’s concerns. The coalition also expressed concerns regarding the availability of parking spaces on the 4 City Council Meeting Date: March 7, 2002 Date Prepared: February 12, 2002 Petition CU-01-06 SP-01-44 North Campus site. The current code requires a ratio of one parking stall for every three seats, therefore allowing for an expansion of seats to a maximum 2,417. The church currently has 1,750 seats on the North Campus, per the condition of approval placed on the North Campus development order. The neighborhood coalition has argued that a more realistic number for this site is one parking stall per two seats. This was confirmed during the original approval of the North Campus when a head count of vehicles, conducted by the coalition, entering the site for services equaled an average of 1.9 persons per vehicle. This difference between code requirement and the reality of number of persons per vehicle has led to ongoing overflow parking problems, claims the coalition. At the time of original approval, the code required only one parking stall per four seats. PLANNING AND ZONING COMMISSION RECOMMENDATION On January 8, 2002, the Planning and Zoning Commission held a public hearing to consider the subject petitions and voted 6-1 to recommend approval to the City Council. STAFF RECOMMENDATION Staff recommends approval of petitions CU-01-06 and SP-01-44. G: ed/2001/cu0106sp0144cc 5 December 20, 2001 ORDINANCE 2, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN AMENDMENT TO PALM BEACH GARDENS CHRIST FELLOWSHIP CHURCH SOUTH CAMPUS BY AMENDING A CONDITION OF APPROVAL FOR A PREVIOUSLY APPROVED CONDITIONAL USE, LOCATED AT 5343 NORTHLAKE BOULEVARD, APPROXIMATELY 3/4 MILES WEST OF MILITARY TRAIL AS MORE PARTICULARLY DESCRIBED HEREIN, AMENDING ORDINANCE 34 1999; PROVIDING FOR A CONDITION OF APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens previously approved Ordinance 30, 1990, providing for a conditional use for a religious sanctuary and pre-school accessory use, as subsequently amended by Ordinance 34, 1999; and WHEREAS, the City of Palm Beach Gardens received an application (CU-01-06) from Palm Beach Gardens Christ Fellowship Church, Inc., for approval of amendments to conditions of approval of the "Christ Fellowship South Campus Site", which is located at 5343 Northlake Boulevard, approximately 1½ miles west of Military Trail; and WHEREAS, the "Christ Fellowship South Campus" site is currently zoned Residential Low-RL-3 with a Conditional Use (CU) with a Comprehensive Land Use Designation of Residential Low (RL); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and has determined that it is consistent with the City’s Comprehensive Plan and Land Development Regulations and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves amendments to conditions of approval placed on the "Christ Fellowship South Campus Site" site and subsequent amendments thereto. The subject site is located at 5343 Northlake Boulevard, approximately 3/4 miles west of Military Trail, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Ordinance 2, 2002 Meeting Date: January 10, 2001 Date Prepared: December 21, 2001 Petition CU-01-06 SECTION 2. Said Conditional Use is amended subject to the following new condition, which shall be the responsibility of the applicant, its successors or assigns: (1)All other conditions of approval for the Christ Fellowship Church South Campus Conditional Use approval and subsequent amendments shall remain in effect to the extent not modified herein. SECTION 3. The City Council amends Ordinance 34, 1999 by deleting condition of approval number 3: SECTION 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 5. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed. SECTION 6. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF 2002. PLACED ON SECOND READING THIS DAY OF 2002. PASSED AND ADOPTED THIS DAY OF 2002. (This space intentionally left blank) 2 Ordinance 2, 2002 Meeting Date: January 10, 2001 Date Prepared: December 21, 2001 Petition CU-01-06 MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO COUNCILMAN CARL SABATELLO ATTEST BY:APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CAROL GOLD CITY CLERK CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO g/ed/2001 :cu-Ol-06 AYE NAY ABSENT 3 Ordinance 2, 2002 Meeting Date: January 10, 2001 Date Prepared: December 21, 2001 Petition CU-01-06 EXHIBIT "A" 4 LEGAL DESCRIPTION: PARCEL I: A parcel of land lying and being in the No~scasl Qua~eF of S¢oinn 23, Township 42 South. l~nge 42 ~. P~m ~ch Co~. ~o~, ~r~ ~ ~ as follow~: F~m ~ :No~ ~on ~[ of~d ~on 23, T~p 42 ~, ~ge 42 ~: ~n~ Sou~ 0~3’46" W~ ~g ~ ~ line ~ ~ ~on 23. a ~ d~l ~ w~ li~ of ~e P~ W~ R~ ~ ~ ~d ~ ~d ~ ~; ~n~ W~ ~ong ~d " ~ fi~ of~ li~ a ~ & 1~.~ ~ to ~ P~nt of ~g ~ ~ No~ ~er of~ ~ ~ ~r~; ~ ~ W~ along ~ 3~.48 f~t m a ~mt; ~ ~ a ~ of 5~.~f~ m a ~t: ~ ~ a ~ of 1~,48 f~t to a ~int ~’e ~e to ~ No~; ~ N~ ~ ~ly ~ong ~e ~ of ~d ~e, ~ a ~ ~ ~ ~ ~ a ~ ~e ~ 15°49"36 ’’. a ~ of 151.93 f~ to a ~int; ~en~ Ho~ a ~n~ ~ 534.65 f~ to ~ ~ ~h 50 f~ ~ for ~ ~t ~ R~d ~ 1~1, ~ 241, ~d 1~ ~ No~ 30 f~ ~r~f ~ ~ ~ ~t of Way ~ r~ in ~ P~rd ~ 4171, ~¢ 1253. P~CEL 2 ~ in "~ inclu~" ~ ~u~r~ p~t ofH~h~ A~ more ~’ ~ ~ follo~: C~n~ at ~ No~ ~r &~ ~m ~ch C~’. ~: ~ ~ ~ ~g ~ 0~1 ’53" W~ a ~ of 107.45 f~ to a ~in1 in ~ ~ fi~t of w~’ li~ of ~e ~ W~ R~; ~ m ~ ~ ~nl in ~ No~ ~ ~y 1i~ ~C~ ~, I; ~ at ~ng ~ W~ ~ong ~ ~d fi~l of way !~ a ~ of I~ f~ to a ~im; ~ ~ ~ ~ ~ a ~ of 5~ f~ to ~e Poim of ~ ~ No~ 30 f~ ~ ~ ~nv~ to ~I of W~ ~ r~ in ~ R~ ~ 417 I. ~ 1253. Together ~th: ’ A paxc¢l of la~d I)’ing and being in the North~t qcarter of Section 23. Township 42 S4:mth, Range 42 East, Palm Beach Corinth, Florida, more pa~’lic~arly descnlx~d as follows: From the Northeast section comer of said Section 23, Township 42 South. Range 42 Ea~; thcnee South 0~09’46" WesL along the East ~ of ~ S¢~ion 23, a dislance of 1,07.45 feet to a poinl lying on the soathorn fight of way of Lake Park West Road as aow laid out and in use: thence West along said so,hera right of way line a distance of 1607.00 fe~ to the Point of Beginning and the noflheast coraer of the hexeinafi~ tlesc, ribed parcel: thene¢ coafinne We~t alon~,said so~ right of way line a distance of 306.48 feel to a point: thence South a di~mce of 550.00 fe~t to a point: tbeace East a distance of 156.48 fe~ to a point of cu~,e ~oncave to the antthwe~: O~ence an~hedy and easterly along the arc of said curve, having a radies of 550 fee~ aild a ceatral angle ¢ff 15°49"36" a di~’au~’e of 151.93 feet to. a point~ theac¢ ~ a ~ of 529.15 f¢~ to a Point of Begimfing. less the following deson]aed pat~l: fi’om the No~as~ section cornet of said Section 23. Township 42 Soeth, Range 42 East, thence South 0°09’46~ West, along the East Line of said Section 23, a distance of 107.45 feet to a poin! lying on the southern fight of way Line a distaace of.1607.00 fne~ to the Poinl of I~ginning and the no~hea~ corner of the heteianiter described parcel: theac¢ cominee West along said southern right of way line a distance of 306.48 fee~ to a point" thence So~th a dis~m~e of 50~.00 feel to a poinl: thence East a dislane¢ of 156.48 feet to a point of curve concave to the NoV&west; thenee netthefly and easterly along the arc of said cua, e. having a rm:lius of 500.00 feel and a central angle of 17°2T2T’ , a distance of 152.35 feet to a point~ thence Northo-a a diV, anco of 476.9/fe~ to the Poinl of Beginning. Together A parcel of htnd lying and being in the aorthea~ quar~" of S¢cfian 23. Towaship 42 South, Range 42 Conunencing at the ~av.hwes~ comet of the East half of said S¢c~inn 23: thence South along, the West line of said East a poim io the Soeth right of way line of Lake Park Wcs~ Road; thonce beating East along said righ| of way line a distance of 73’7,96 fee~ to a poin~ 1913.48 f~t we~et|y of tl~ East line of said S~-~inn 23 (as measured along said rigl~ of way line): _~e.,¢¢__ South a dislan~¢ of 500:00 fe~ to the North line of ,the right of way for Canal No. 1 a,s r¢~3r~d in Official Record BoOk 1855, Page 1378, public records of Palm Beach County. Florida and the Point of 13,~’nmng of the hereimtP,~r de~ribed parcel; thence continue South 50,0~ feet to the cemerline of Cared No. 1; ~ WesL ~long said ceat-’dine, a dis|ance of 150.00 feet toa point; thenco North 50.00 feet to Said No~b right of way of Canal No. 1: tl~n~ Easl along said tigl~ofway adistanc¢of 1~.00 feet ~othePoiat of Beginning. February 12, 2002 RESOLUTION 4, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN AMENDMENT TO PALM BEACH GARDENS CHRIST FELLOWSHIP DEVELOPMENT ORDER BY AMENDING A CONDITION OF APPROVAL FOR A PREVIOUSLY APPROVED SITE PLAN FOR THE CHRIST FELLOWSHIP SOUTH CAMPUS, LOCATED AT 5312 NORTHLAKE BOULEVARD, APPROXIMATELY 3/4 MILE WEST OF MILITARY TRAIL, AMENDING RESOLUTION 5, 2000; PROVIDING FOR A CONDITION OF APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (SP-01-44) from Palm Beach Gardens Christ Fellowship for an amendment to a condition of approval for a previously-approved site plan located at 5312 Northlake Boulevard, approximately 1 ½ mile west of Military Trail as more particularly described herein; and WHEREAS, the "Christ Fellowship South Campus" site is currently zoned Residential Low-RL-3 with a zoning overlay of Conditional Use (CU) and a land use designation of Residential Low (RL); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and is consistent with the City’s Comprehensive Plan and Land Development Regulations and has recommended approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves amendments to conditions of approval placed on the "Christ Fellowship South Campus Site" as amended by Resolution 5, 2000. The subject site is located at 5312 Northlake Boulevard, approximately 1½ miles west of Military Trail, as more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. SECTION 2. The City Council amends Resolution 5, 2000, by deleting condition of approval Number 1 Resolution 4, 2002 Date Revised: February 19, 2002 SECTION 3. Said Site Plan is amended subject to the following new condition, which shall be the responsibility of the applicant, its successors or assigns: (1)All other conditions of approval for the Christ Fellowship Church South Campus Site Plan Approval and subsequent amendments shall remain in effect to the extent not modified herein. SECTION 4. If any section, paragraph, sentence, clause, phrase, or word of this Resolution is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Resolution. SECTION 5. All resolutions or parts of resolutions of the City of Palm Beach Gardens, Florida, which are in conflict with this Resolution are hereby repealed. SECTION 6. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS DAY OF 2002. MAYOR JOSEPH R. RUSSO ATTEST BY:APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CAROL GOLD CITY CLERK CITY ATTORNEY 2 Resolution 4, 2002 Date Revised: February 19, 2002 VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO AYE NAY ABSENT G/ed/2001/sp0144res 3 Resolution 4, 2002 Date Revised: February 19, 2002 EXHIBIT "A" 3 LEGAL DESCRIPTION: PARCEL 1 : A parcel of land lying a~d being in the Nmlheast Quarter of Section 23, TowBship 42 SOBIh. Range 42 East. Palm Beach Count’. Florida, more p~Jlicuinrly described as follows: From the Northeast section corner of said Section 23. Township 42 South. Range 42 Eas~: thence South 0~03’46" West along Ihe East line of said Sec~on 23. a distance of 107.45 fee~ to a point lying on the Sonthern right of way line of Lake Pa~ West Road as now laid ont and in use; thence W¢~I alon~ said Son~een righl of way line a distance of 1606.00 fe¢~ to the Point of lkgim~ing and the Northeast corner of tiC herei~fftex descxibed parcel; thonce conlinue West along said Southerly right of way line a dis~ce o~ 306.48 feet to a point; thence Somh a distance of 550.00" fee~ to a point: Ihence Ea~ a distance of 15~.48 feet to a point of curve concave to the Northwe~; thence Northerly and East~ly along the arc of said curve, having a radius of 500 fee~ ahd a central angle of 15°49"36", a distance of 151.93 feel to a point; thence North a distance of 534.65 fee~ to the Po~t of Beginning Less the South 50 f¢~ Ilcr¢ot" for c~l fight of way as conveyed by Right of W~" Deed recorded in Off~ial Reco~ Book 1861. page 241, and leas the North 30 fee~ thereof as conveyed by Right of Way Deed recorded in Official Record Book 4171. Page 1253. PARCEL 2 Lot in "’no~ included" ~ of umecorded plat of Horsashee Ac~s more par~colarly described as follows: Commencing at the Northwest corner oflhc Eathalf of Seclion 23 in Township 42 South, Range 42 EasL I~dm Beach County. Florida’. thence SO~h along the West line of said East half of Section 23 of an assumed bear~g So~th 0~01"53" West a di~Jmce of 10"/.45 fe~ to a point in the Sonth ngh! of way line of Lake Park West Road; thence at bearin8 doe East along said righ! of way line a dislanoe of 587.96 feel to the Northwest corner of the parcel described herein and the Point of Begi~uing; thence continue a! bearing due East a distance of 15~ fee~ to a point: thence at bearin~ dne Sooth a distance of 500 fecq to a point in the North rigl~ of way line of Caual No. I; thence a! bea~ng doe We~t along the said fight of way line a distance of 150 feel to a poim: thence at bearin~ due North a distance of 500 fecq to the poim of Begirming Le~-s the Noe, h 30 feet thereof as conveyed 1o Righ! of Way Deed recorded in O~f~ial Re~ord Book 417 I. Page |253. Together A parcel of land lying and being m the Northeast q~aarler of Seclion 23. To~mahip 42 So.h, l~nge 42 East. Palm Beach County. Florida, more particularly described as follows: From the ~ 0o09’46" We~. along the Ea~ line of saki Section 23, a distance of 10’7.45 feet to a poim 13~ng on the sonthem right of way of Lake Park West Road as now laid ont an~ in as¢: thence West along said seothern right of way line a diston~ of 1607.00 fe~ to the Po~t of Be~nni~g and ~he northeast corner of 306.48 fe~ to a point: thence Soulh a distaBce of 550.00 fe~ to a point: thence East a distance of !~6.48 fee~ to n ~ of co~’e concave to the notlhwest: thon~ north~ly and easterly along the arc of said curve. having a radius of 550 feet and a central angle of 15°49’36" a distance of 151.93 feet to a point; the.ace North a distance of 529.15 feel to a Peint of Begim~ng. I¢~s the following das~n~:d parcel: from the l~h~,heust section co,act of said Sec~on 23. Tovmship 42 So~, Range 42 Eas~, thence Soath 0°09’46" West, along the East line of said Section 23, a distance.of 107.45 feet to a point lying on the soethern right of way line a distance of.1607.00 f(:et to the Point of.Beginning and the Bo~thea~ comer of the heJeina~r described pa~l: th<~::¢ o31~inee West along said soethern fight of way line a distance of 306.48 fee~ to a point: thonce Sottth a dist,~mce of 500.00 feet to a.poini: thence P, ast a distance of 156.48 fe~ to a poim of ~erv¢ co~a,~ to the Northwest; thence northerly aM easterly ~do~g the arc of said ctuv¢. having a radius of 500.00 fe~ and a central angle of 17°27"27" , a distance of 152.35 feet to a point: thence Northern a dislance of 476.97 fe~ to the Point of Beginning. Together ’Kith: A parcel of land ~ and being in the nortbeust quart~ of S~tinn 23. Township 42 Sonth, Range 42 East. Palm Beach Co~mty, Florida, more pa~ d¢~’~ibed as follows: Commencing at the ao~hwest corner 0fth¢ East half of said Section 23; t~nce South alon~, the We~t line of said East ~ of S~-’fion 23 on an assumed bearing of South 0°01’53" West a distance of 107.45 feet to .a poim in the Sonth right of way line of Lake POA We~ Road; thence beming East along said fighl of way line a di~ance of 73"/.96 feet to a point 1913.48 feet westor~y of the East line of said Seotion 23 (as men,red along said figh~ of way liar): ~ South a distance of 500:00 feet to the North line of the righ! of way for Catud No. i as r~;orded in ~ P, ecord BoOk 1855, Page 1378, peblic reeords of Palm Beach County, Florida and the Point of B~,~i~’nnl,~ of~be he~inaP,~ ~,¢ribecl parcel; thence cominne Sonth 50.0~ fc~ to the cemerfine of Carnal No. i; thence West, along said cea~exfine, a distance of 150.00 feet toa point; thon~ Horth ~0.0~ fe~ to ~ North right of way of Conal No. I; thence Ea~ along said righ~ of way a d~slance of 150.00 feet ~o d~e Point of Bcginning CHRIST FELLOWSHIP CHURCH SOUTH CAMPUS SURROUNDING ZONING AND USES C C June 24, 1999 June 30, 1999 July 2, 1999 August 27, 1999 ¯ "~-;" "ORDItNANCE 34,1999-- AN ORDI/qANCE OF TI-[E CITY COUNCIL OF THE CITY OF PALM .REACH GARDENS,FLORIDA,AMENDING ORDINANCE 30,1990 WHICH APPROVED A CONDITIONAL USE, TO ALLOW AN INCREASE IN THE MAXIMUM OCCUPANCY AT THE SITE K1NOW1N AS "CFfRIST FELLOWSII]P"WHICH IS GENERALLY LOCATED ON THE SOUTH SIDE OF NORTH]_,AKE BOULEVARD WEST OF MILITARY TRAIL, AND TO AMEND THE APPROVED USE OF THE RF~IDENCE BUILDING TO A YOUTH CENTER;PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. \kq-IEILEA$. tlae City has received an application from Christ Fellowshi I) Inc. to eanend }Ordinance 30, 1990 to allow an expansion of the conditional use. and a change, in use for the. residence to a youth center for a property more particularly described in Exhibit "A" (attached), and WHEREAS, Christ Fellowship’s conditional? use was approved by Ordinance 30, 1990, and WHEREAS, Christ Feltowship’s site plan was approved by Resolution 13, 199l, arid WHEREAS, Christ Fellowship’s temporary modular units were approved by Resolution 4, 1997, and \VHEREAS, tile City’s Growth Management Department has deternfined that approval of said application is consistent with the City’s Comprehensive Plan and Land Development R.egulations, and WHEREAS, the City’s Planning and Zoning Commission has recommended.approval- of this request, with conditions, NOW, THEREFORE; BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION !. The City Council of the City of Palm Beadr Gardens, Florida, approves an amcttdmcttt ~o Ordinance 30. 1990 ~o amcad thc coadifional use ~o allow a tcm~rary increase in the maximum occupancy to 768 scats. This amendment shall be valid only until the issuance of the Certificate of Ocoapancy for the sanctuary on Christ Fcllowship’s new campus on the north side of Northlakc Boulevard (as referenced in Ordinance 20, 1997 as amended) or until January 1, 2000, whichever occurs first. SECTION 2. The City Council of the City of Palm Beach .Gardens, Florida, approves an -- ~endment to Ordinance 3~J~:’[990 to~’atiig~nd thecbndifional use to allow a permanstit increase in the maximum occupancy to 576 seats. This expansion shall become effective immediately after the issuance of the Certificate of Occupancy for the sanctuary for Christ Fellowship’s new campus on the north side. of Northlake Boulevard (as referenced in Ordinaace 20, 1997 as amended) or January 2, 2000, whichever occurs first. SECTION 3. The City Council of the City of Palm Beach Gardens, Florida approves an amendment to Ordinance 30, 1990 to amend the approved use of the residence to a youth center.This amendment shall take effect immediately upon adoption. SECTION 4. Said approval shall be subject to the following conditions, which shall be the responsibility of the applicant, its successors and/or assigns: 1. Immediately upou the issuance of the Certificate of Occupaacy for the new sanctuary for Chyis~ Fellowship on the north side of Northlake Boulevard (as referenced in Ordinance 20, 1997 as amended) or by Jmauary 2, 2000, whichever occurs first, the minimum ~arking rc-o~firemen~ on flais site shall be calculated at a rate of 1 space oer 3 seats in the sanctuary. At that time~ one hundred and ninety-two of the seats in the sanctuary shall be permanently removed, leaving a permanent occupancy of no more than 576 seats, and zu affidavit shall, be submitted to the City by the petitioner affirming that the seating has been reduced to 576 br less. (Development Compliance Officer) 3. When determined to be necessary by the City of Palm Beach Gardens Police Dep~-tmenL the petitioner or successor shall utilize police or equally trained officials in numbers determined by the Police Depamnent at all ingress and egress points along Northlake Boulevard for the management of uafl~¢ flow and direction before and after evcnts.(Code Enforcement, Police De.partmcnt) SECTION 5. Said approval shall be consistent with plans and documents on file with the City’s Growth Management Department as follows: June 7, 1999 Existing South Campus Site Plan, Glen Pate & Associates, Sheet SP 1.0 August 5, 1999 Future Phase 2 Site Plan, Glen Pate & Associates, Sheet SP 1.0 SECTION 6. This Ordinance shalt be effective upon adoption. PLACED ON FIRST READING THIS , t [’-I lsS 1 . I.INDA \.. i-{()SII~R >CMC; CITY CLERK VOTE: MAYOR RUSSO VICE M_AYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK AYE APPROVI’]D AS TO LEGAL FORN4 AND SUFFICIENCY. CITY ATTORNEY NAY ABSENT g/short: sp9703.or.doc #jn&jl l~_~OLtrr~ON 5, 2000 A RF~OLUTION OF ~ CITY COUNCIL OF TH~ CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING RESOLUTION 86, 1999 TO ALLOW FOR AN EXTENSION OF A DATE CERTAIN CONDITION OF APPROVAL RELATING TO THE COMPLETION OF IMPROVEMENTS ON THE SITE KNOWN AS "CHRIST FELLOwsHIP", WHICH IS GENERALLY LOCATED ON THE SOUTH.SIDE OF NORTHLAKE BOULEVARD WEST OF MH,tTARY TRAIL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEXEAS, the City has rcccivexi aa application from Christ Fellowship Inc. to amend Resolution 86, 1999 to allow for an extension of the date ~ of condition # 3 relatln~ to site improvements from January 2, 2000 to April I, 2000 and to allow 30 days after April 1, 2000 to complete all such improvements; and WHEREAS, Christ Fellowship’s conditional use was approved by Ordinaace 30, 1990, and WHEREAS, Christ Fellowskip’s site plan was approved by Resolution 13, 1991, and WHEREAS, Christ Fellowship’s temporary modular units were approved by Resolution 4, 1997, and ~S, Christ Fellowship’s amendment to its site plan was approved by Resolution 86, 1999, and WHEREAS, the City’s Growth Marmgement Department has determined that approval of said application is consistent with the City’s Comprehensive Plan and Lartd Development Regulations, and NOW, THEP, EFOILE, BE IT REBOLVED BY TI~ CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SF.,CI~ON I. The City Council of the City of PMm Beach Gardens, Flodda, here, by approve~ Christ Fellowship lno.’s request for an extension of time and ante, ads condition of approval #3 as set forth in Section 3 of Resolution 86, 1999 to read as follow: Within 30 days of the issuance of the Ccrti~catc of Occupancy for the sancmaxy on Christ Fellowship’s new campus on the north side of Northlake Boulevard (as referenced in Ordinance 20, 1997 as amended) or era-by ~ May 1,2000, whicheve~ shall first occur, the petitioner shall: the access point between this site and the Church of the Nazarene to the we, sL 7 Complete all non-landscape site improvements and changes. Remove th~ moctul~r units from tho Pave all parking aisles par City code. (Development Compliance Officer) SECTION 2. Said approval shall be subject to the following condition whioh shall be the responsibility of the applicant, its suecessors and/or assigus: Immediately upon the issuance of the first Certificate of Occupancy for the sanctuary on the north campus of Christ Fellowship, shuttle bus or any other type of transportation ser~tcc between the north and south campuses shah cease. SECTION 3. Said approval shall be consistent with documents on file with the City’s Growth Management Department as follows: 1.Development Application stampezl November 10, 1999. SECTION 4. This Resolution shall be effective upon adoption. INTRODUCED, PASSED, AND ADOPTED TI-IIS 20 ~ DAY, OF.JANUARY 2000. usso A’ITF_,ST: ~~_j _V/~_~_K,.OSI.EI( ,~IvJ~, CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICmNCY. CITY ATTORNEY VOTE:AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN-SABATELLO COLrNCILMAN IABLIN COLrNCILMA~ CLARK 8 January 30, 1991 RESOLUTION 13, 1991 A RESOLUTION OF THE CITY OF PALH BEACH GARDENS, FLORIDA, ~PPROVING THE SITE PLAN FOR THE IHPROVEME~TS OF THE PALH BEACH GARDENS CHRIST FELLOWSHIP CHURCH, AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALH BEACH GARDENS, FLORIDA: Section i. The City Council hereby approves the Site Plan, Landscaping Plan and Elevation Plans of the Palm Beach Gardens Christ Fellowship Church, hereinafter described and attached hereto as Composite Exhibit "A": Site and Landscaping Plan prepared by Glenn Pate and Associates, revised on December 19, 1990, consisting of Sheet SPI.0. North and East Elevations prepared by Glenn Pate and Associates, dated November 13, 1990, consisting of sheet A2.0. Undated West and South Elevations prepared by Glenn Pate and Associates, received by Staff on November 14, 1990, consisting of Sheet A3.0. Section 2. The following conditions shall be part. of the development plan= The church and caretaker’s residence shall tie into potable water service prior to the issuance of the first Certificate of Occupancy; and, within 180 days after sewer lines become available to the subject property, the church and caretaker’s residence shall tie into them. The petitioner shall obtain a grading and drainage permit from Northern Palm Beach County Water Control District. A Grading Plan will be required if the slope or top of bank is regraded o~if the exotics are removed. If the City finds that maintenance of the grass parking area is in disrepair or poor appearance, the City shall notify the property owner that within 30 days of said notice the deficiencies shall be rectified. Should the deficiencies not be corrected within said 30 days, the City may require the parking area to be totally paved to City standards within 150 days upon notification. Subsequent phases and expansions shall comply with all applicable regulations, including the removal of all exotics on site. Prior to issuance of the first Certificate of Occupan- c , site lighting shall be’revlewed and approved by t~e Police Department. 7 o 9 ° A dumpster (3’ tall, 3’ deep, 6-7’ wide) shall placed, at the end of the westernmost drive aisle, at the edge of pavement, and shall have a concrete slab of no less than I0’ wide and 8’ deep. A 6’ fence or wall (to match the church exterior) shall be erected on three sides of the dumpster with two 5’(mlnimum) gates. The exterior of the church shall be painted Pearl Grey (MAB 309 16P) and the exterior trim, columns, entrance features and tower shall be painted white (MAB 409 160) Lighting along the westerly property llne shall be permitted at a maximum of 20’, shielded from the adjacent properties. The City reserves the right to require the Petitioner to remove lighting along the westerly property llne within 30 days upon written notification. Section 3. This Resolution shall be effective upon date of passage. INTRODUCED, PASSED AND ADOPTED THIS THE ~24~DAY OF FEBRUARY, 1991. NICHAEL MARTINO, MAYOR ATTEST: L/~[/6/%).-KOSIER, CITY CLE~K December : December 20, ~990 ORDINANCE 30, ~990 AN ORDINANCE OF THE CITY OP PALM BEACH GARDENS, FLORIDA, REZONING LANDS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO UNDER THE CURRENT PALM BEACH COUNTY ZONING DESIGNATION OF AGRICULTURAL RESIDENTIAL, WITH A SPECIAL EXCEPTION ALLOWING EXPANSION OF EXISTING COMMERCIAL HORSE STABLES TO THE CITY’S ZONING CLASSIFICATION RS-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TOGETHER WITH A CONDITIONAL USE OF A CHURCH AND AN ACCESSORY USE THEREWITH OF A PRESCHOOL; FURTHER, THE SITE ~ ELEVATION PLAN PREPARED BY GLENN PATE AND ASSOCIATES, CONSISTING OF THREE (3) SHEETS AND ATTACHED HERETO AS COMPOSITE EXHIBIT "B" IS HEREBY CONCEPTUALLY APPROVED; AND, PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section i. The zoning classification of those particular lands described in Exhibit "A" attached hereto, under the current Palm Beach County Zoning designation of Agricultural Residential with a special exception allowing expansion of existing commercial horse stables are hereby rezoned to the City’s zoning classification RS-I, Single-Family Residential District, together with a conditional use of a church and an accessory use therewith of a preschool. Section 2. The Site Plan and Elevation Plan pertaining thereto prepared by Glenn Pate and Associates, consisting of three (3) sheets and attached hereto as Composite Exhibit "B" are hereby conceptually approved. Section 3. All Ordinances or parts of Ordinances in conflict herewith are hereby repeale~. Section 4. This Ordinance sha~i be effective upon date of passage./ ~LACED ON F~<ST R~IN~ TH~S ~,~AY OF DECEMBER, 1990. P~A~ED ON SECOND READING THIS ~dzz~ DAY OF DECEMBER, 1990. HAYOR MARTINO 90~N~5~LWQN~ NONROE ~ ATTEST:/-~,~ ~ ~ ~ ,.~-,~-~ ~’~ ~~IL~L%N~RUSSO// EA.A.PROVED AS TO FORM ANDLEGAL SUFFICIENCY CITY ATTORNEY CITY OF PALM BEACH GARDENS MEMORANDUM TO:The Mayor and City Council DATE: December 18, 2001 APPROVED: Ron Ferris, City Manager FROM:Charles K. Wu, Growth Management Director (~ff~ SUBJECT:Petition CU-01-06/SP-01-44 Christ Fellowship South Campus. Due to an error in the applicant’s notice to property owners within 500 feet of the subject site, the previously scheduled public hearing for December 18, 2001 has been rescheduled to the January 8, 2002 regular meeting of the Planning and Zoning Commission. The error was a reference to the subject site being located at the north campus, and not the south campus. The applicant shall be required to re-notice all property owners within 500 feet of the subject site with the correct information. Also, the City staff shall re-advertise the case for the new hearing date. Barfing no obstacles, this application is still scheduled for first reading by the City Council at its January 10, 2002 regular meeting. If you have further questions, please contact my office at 799-4243. C:Joe Ryan Alan Ciklin Joan Altwater Keith Paulus Ed Tombari, AICP Carol Gold Len Rubin Planning and Zoning Commission FELLO~VSHIP February 6, 2002 Ms. Joan Altwater V.P. Cypress Hollow HOA 9180 Cypress Hollow Drive Palm Beach Gardens, FL 33418 Dear Joan, Joan per your request and our subsequent conversation to clarify your group’s understanding please find attached the following: 1. Real Estate Value Study - Performed by licensed Real Estate Agent Mr. Robert Graeves. His resume and qualifications are included. The surveys indicate and as a home owner, I’m sure you will be pleased to know, that property values increased substantially during the past 3-year period. 2.Traffic Analysis and Flow Table - Counts of the number of cars and number of 90- second interval stops:during services.. The traffic flow data indicates that car counts and traffic load during peak times remains consistent with a June 15, 1999 study completed by Kimley-Horn and Associates, Inc. At that time, Kimley and Horn, Inc. evaluated the existing traffic flow using the signalized intersection methodology set forth in the 1994 Highway Capacity Manual. "It was found that all proposed driveways will operate at acceptable levels of service based upon signalized intersection capacity analysis ". This is confirmed by actual experience and observation. 3.Lighting Schematic - There has been no change in the light plan since the church was built. Computerized programs control lights which are only used during regularly scheduled service times and are set to go offby city ordinance code at 10 P.M. Security lights close to the building remain on for security purposes. 4.Future Concepts Report - As to your request for future development concepts for 20 acres adjacent our north campus, at this time we are considering facilities to accommodate our congregation as follows: ¯New Student Ministry Center ¯New Children’s Ministry Center ¯Family Life Center ’ ¯Fellowship Hall ".is time we do not have a square footage projection. As in the past. we will not be ag any special variances outside of the Building Codes. mt and Projected # of Attendees- Information was gathered from actual counts ¯ vices and projections fi’om recognized church growth researchers. 5343 Northlake Boulevard ¯ Palm Beach Gardens, FL 33418 Phoebe 561.799.7600 ¯ F~]x 561.622.844 3 ° www.cttoday.org Place Of Hope - Site Plan for future development which is on file at the County. Staff and Church Comments on Petition- This summary is meant to provide recapitulation of the salient and substantive points from city staff as well as comments made by Pastor Mullins and myself at our meeting. As I mentioned on the phone, we would like to meet with your group again as soon as possible. Since not very much has changed from the last time we discussed these issues and the amount and format of data seems easy enough to read and understand, we trust meeting soon would not present a burden on your group. As you said, "we are all reasonable people". Certainly, reasonable people will see the urgency attendent to some of these restrictions. We need to answer the question of what constitutes an agreement with your group. If language different from the staff recommendations developed over the past 9 months is to be proposed by your group, how will we determine what language will be used? If we continue to dialogue on these issues, does a simple majority vote carry the language forward? Accordingly, we would like to suggest at our next meeting we discuss each of the items before the City Council for March 7th. Firstly, your group votes "yea" or "nea" on language as drafted by City Staff and approved by Planning and Zoning. If"yes", we move that item forward. If"nea", we dialogue about changes and see if we can find common ground. This will keep the process on critical life safety issues and religious fi-eedom moving forward, while allowing for dialogue on the issues that are, perhaps, arguably not related to either safety or religious freedom. We look forward to meeting with you again soon. As always, if there are any questions please contact me by phone at 307-3380. (~Exec~e Administrator cc City Council City Staff CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: March 7, 2002 Date Prepared: February 13, 2002 SUBJECT/AGENDA ITEM Petition PUD-01-03 Christ Fellowship PUD Amendment. Continuation of Eirst Reading and Public Hearing, Ordinance 44, 2001: Joe Ryan of Christ Fellowship Church is requesting a Planned Unit Development (PUD) amendment to allow for the elimination of and amendments to certain conditions of approval regarding operational procedures and activities on site. Christ Fellowship Church Planned Unit Development (a.k.a. North Campus) is located on the north side of Northlake Boulevard, approximately one and one-half mile west of Military Trail (14-42S-42E). RECOMMENDATION Staff recommends approval of Ordinance 44, 2001 with conditions of approval. Reviewed by: Principal Planner Talal Benoth~ City Attorn¢ .,/_4<:;~g/ Finance NA Human Res. NA Submitted by: Growth ~ Manag~(n~n~}J .,~ ~, D irecto([_~fl(,t¢~’J.’~ ~ Charles K. Wu, AICP Approved by~/~ City Manager(~ ~ Originating Dept.: Growth Management: Proiect~-~ Manag~ ~ ~/’ Edward ba-r~ AICP Advertised: Not Required (Public Hearing continued from -q~ecember 8, 2001) Affected parties: [ X ] Notified FINANCE: NA Costs: $. Total Current FY Funding Source: [ ] Operating ix] Other N/A Budget Acct.#: N/A P & Z Commission Action: [ ] Approved [ ] App. w! conditions [ ] Denied [ ] Rec. approval [ X] Rec. app. w/ conds. [ ] Rec. Denial [ ] Continued to:__ Attachments: ¯ Ord. 44, 2001 ¯ 2/9/01 Applicant Ltr. ¯ 2/22/01 City Aty. Ltr. ¯5/23/01 Applicant Response Letter ¯Ordinances to be amended ¯Aerial Photos ¯Site/Landscape Plan ¯Traffic Operation Procedures Plans ¯Proposed Floor Plans ¯CF letter to neighborhood coalition 2/6/02 City Council Meeting Date: March 7, 2002 Date Prepared: February 13, 2002 Petition PUD-01-03 BACKGROUND The Christ Fellowship PUD was originally approved by Ordinance 20, 1997, and provided for an 85,200 square-foot religious facility, including a sanctuary and two activities buildings. Subsequent amendments to this approval have included four administrative amendments and an amending ordinance (Ord. 23, 1999) approved by the City Council. These amendments allowed for minor architectural and site plan changes to the site. Although the code requirement at the time of original approval was for a Conditional Use, the original development order for the North Campus was approved as a Planned Unit Development Overlay Zoning with underlying zoning of Residential RL-3. The vacant land prior to the re-zoning was designated Planned Development Area (PDA). At the time, code required that all lands with a PDA designation re-zone to either PUD or Planned Community District (PCD). Subsequently, the use was zoned PUD, with underlying zoning of Residential RL-3. The PUD re-zoning was considered a sufficiently legal equivalent to a Conditional Use. The applicant was granted no waivers as part of the original PUD approval process. The project, as developed, met all code requirements at the time. In addition to the conditions for the North Campus approval, the South Campus approval and subsequent amendments have included several conditions which have led to restrictions on the North Campus site. The South Campus was originally approved as a conditional use for a 300-seat sanctuary and day-care facility by Ordinance 30, 1990, and was subsequently amended by Resolution 31, 1991, Resolution 4, 1997, Ordinance 34, 1999, Resolution 86, 1999, and Resolution 5, 2000. Subsequent amendments have allowed for an expansion of the use, including additional modular units, parking, landscaping, and drainage facilities, as well as additional seating within the sanctuary. The South Campus is not part of this PUD amendment application. Staff has contacted the City’s Citizen Services Specialist, who reported that there have been no complaints from the general public regarding the operations or activities associated with the church. The Code Enforcement Division has confirmed that the church currently has no outstanding fines or liens on the property. A communication from Ms. Joan Atwater dated June 7, 2001, outlining several complaints about the Church have since been addressed. The conditions placed on the original development approval and subsequent amendments were generated by neighborhood concern that the use was too intense for the residential character of the neighborhood. The limits placed on the operations of the church were expressly intended to preserve the residential character of the surrounding community. The applicant accepted all conditions at the time of the original approval and additional 2 City Council Meeting Date: March 7, 2002 Date Prepared: February 13, 2002 Petition PUD-01-03 conditions placed on subsequent amendments to the PUD. The proposed elimination of some or all of the conditions of approval, which were intended to limit the intensity of use, initially raised concerns with staff. Staff is now proposing new conditions of approval that mitigate the potential consequences of deleting and amending existing conditions. LAND USE & ZONING The subject site is zoned Residential Low - 3 (RL-3) with an overlay zoning of Planned Unit Development (PUD) and has a land-use designation of Residential Low (RL). At the time of the original approval of the PUD, the zoning code permitted churches as a conditional use (or PUDs in lieu of) in all residential zoning districts. The zoning code has since been revised to restrict churches with sanctuary seating in excess of 1,000 seats to industrial and commercial zoning districts only. CONCURRENCY The traffic concurrency analysis for the site was based on total square footage approved on site, 85,200 square feet proposed for a 2,500-seat sanctuary as part of the traffic impact analysis. During the initial approval of the north campus site, the applicant agreed to reduce the total number of fixed seats to 1,750 seats as a condition of approval. PROJECT DETAILS Site Access The site has two access points onto Northlake Boulevard, with the main entrance located at a median cut. The easterly entrance is a right-in, right-out only, with no median cut at this location. There is no other access to the site, including none from Hunt Club Drive. The original development order required that the applicant obtain assistance from the City Police Department for traffic control when services were commencing and ending. The condition further stipulated that traffic movement on Northlake Boulevard could not be held for more than 90 seconds when traffic was leaving and entering the site. Amendments to the Conditions of Approval The applicant has proposed several amendments to or deletions of conditions of approval affecting operational procedures and activities on the North Campus included within both Resolutions and Ordinances. The following is a summary of the applicant’s proposals in lieu of the existing conditions of approval and staff’s analysis of such proposals: 3 City Council Meeting Date: March 7, 2002 Date Prepared: February 13, 2002 Petition PUD-01-03 Resolution 5, 2000, Condition 1: Shuttle Bus "Immediately upon the issuance of the first Certificate of Occupancy for the sanctuary on the north campus of Christ Fellowship, shuttle bus or any other type of transportation service between the north and south campuses shall cease." Applicant’s Request It is the applicant’s intent to eliminate this condition so that they may resume shuttle service between the north and south campuses. The applicant has cited increased safety as the main reason to resume service, since it provides worshipers a safer alternative to walking across six-lane Northlake Boulevard. Staff’s Initial Analysis Staff requested that the applicant provide the City with a description of the number and size of the vehicles to be used, as well as the operating schedule and route which the shuttle service would follow. Applicant’s Response The applicant has submitted information on the shuttle vehicles and times of operation (see attached), and has indicated that the church owns two late model 25 and 30 passenger vehicles. The applicant has submitted an operational plan indicating the shuttle bus route between the two campuses. Staff Recommendation It is staff’s professional opinion that the applicant is providing for safe transport of church members between two sites that comply with all applicable zoning codes. In order to further the safe transport of Church members between campuses across Northlake Boulevard, which has limited pedestrian facilities, staff recommends the elimination of Resolution 5, 2000, Condition 1. Resolution 5, 2000 amended the site plan forthe "Christ Fellowship South Campus." This is a separate zoning district and must therefore be amended by separate action by the City Council. Staff recommends amending Resolution 5, 2000, with a separate resolution to delete this condition. Ordinance 20, 1997, Condition 7: Special Events Limited to Six Per Year. "The church sanctuary and related facilities and surrounding grounds shall be used by members only for regularly scheduled services, including 4 City Council Meeting Date: March 7, 2002 Date Prepared: February 13, 2002 Petition PUD-01-03 services on Christmas Day and Easter Day, and for no more than six (6) additional events per calendar year. The church sanctuary and related facilities shall not be leased, rented or in any way be made available for use as an auditorium, theater or similar gathering place for non-member events of any kind. Regularly scheduled services shall be defined as services occurring on Saturday evening, Sunday morning, and a mid-week evening." Applicant’s Request The applicant requested that this condition be eliminated. Staff’s Initial Analysis The City’s Traffic Engineering Consultant has confirmed that the traffic impact permitted is based on the total square footage of religious use proposed, as defined by the Institute of Transportation Engineers (ITE) Manual. Any activities occurring on this site that are not consistent with the ITE’s definition of religious use is a violation of the applicant’s traffic concurrency, and is therefore inconsistent with the Development Order. Staff requested that the applicant submit a detailed schedule of events, which occur on a regular basis, as well as special events such as concerts, etc. Applicant’s Response The applicant submitted a written narrative that outlines the regularly scheduled services (see attached "Exhibit A"). Staff’s Recommendation Given that the applicant has approval for 82,500 square feet of religious square footage, the emphasis of any restriction should be placed on non-religious events. Non-member, non-religious events should be prohibited and considered as a violation of the regulations governing the site’s zoning district. Staff recommends the following condition be revised accordingly: The church sanctuary and related facilities shall not be leased, rented or in any way made available to third parties or entities for use as an auditorium, theater or similar qatherinq place. Such facilities shall only be used by the Church and its members for purposes directly related and appurtenant to the Church’s function, such as regular and holiday prayer services, weddings and funerals, and for events sponsored by the Church in furtherance of its ministry, such as special prayer services, religious .qatherinqs and speakers and youth programs. 5 City Council Meeting Date: March 7, 2002 Date Prepared: February 13, 2002 Petition PUD-01-03 Ordinance 20, 1997, Condition 9 "The owner or successor shall not utilize a loudspeaker, sound amplifier, radio, phonograph, of similar sound amplifying device to emit any form of sound outside the church sanctuary and related facilities." Appficant’s Request The applicant requested that this condition be eliminated. Staff’s Initial Analysis Staff requested the applicant provide detailed information on the location and type of outdoor events that would utilize sound amplification devices. Staff also notified the applicant of the City’s sound level requirements, which are enforced by the Code Enforcement Division. Appficant’s Response The applicant submitted information indicating that the church would like to utilize sound systems for wedding ceremonies, which would occur within the courtyard area between the sanctuary building and buildings A and B. Staff’s Recommendation Staff recommends replacing Condition 9 with the following new condition of approval to address concerns regarding outdoor amplification: All audible noises on site shall not exceed applicable noise and decibel level requirements set forth in the Code of Ordinances. Violation of this condition is subject to Code Enforcement Procedures. Ordinance 20, 1997, Condition 12 "The number of fixed and/or moveable seats within the sanctuary shall at no time exceed 1,750 seats." Appficant’s Request The applicant requested that this language be eliminated in its entirety. The applicant has indicated that the restriction on number of seats within the sanctuary has not limited the capacity of the sanctuary. Many attendees are purported to stand during services. The applicant wishes to be able to allow the existing attendees to sit by utilizing open areas within the sanctuary for additional seating. 6 City Council Meeting Date: March 7, 2002 Date Prepared: February 13, 2002 Petition PUD.01-03 Staff’s Initial Analysis Staff requested that the applicant provide for a floor plan indicating the location of the additional seating within the sanctuary. Staff has confirmed with the City’s Traffic Consultant that the traffic concurrency granted for the church was based on square footage, not number of seats. Therefore, the addition of seats without an expansion of the square footage of the facility would not violate the applicant’s concurrency certification. However, the applicant must also meet on-site parking requirements for the number of seats. Based on current code requirements (Section 78-345 of the City’s Land Development Regulations), the applicant must provide one space per three seats plus one space per 250 square feet of office space plus required parking for additional uses. Staff considers buildings A and B to be "Cultural, Recreational and Entertainment, General" as defined by the LDR Section 78-345, which requires one space per 200 square feet. Buildings A and B equal a total of 29,511 square feet, which requires a total of 148 spaces. The applicant has provided 904 spaces on site, which leaves 756 spaces for sanctuary seating and administrative offices. Assuming no administrative offices on site, the applicant may be allowed. 2,268 seats maximum. Any parking for on-site administrative offices must be deducted from this maximum allowed at a ratio of 1 space per 200 square feet. Applicant’s Response The applicant provided staff with a floor plan indicating the location of additional seats. The applicant has indicated the desire to add 667 moveable seats within the sanctuary for a total of2,417seats. This number would not be permitted by code as it would require more parking than exists on-site. Both the Fire Department and Building Division have indicated no concerns at this time regarding the addition of seats, and have indicated that any additional seating must meet all fire, building and safety codes. The applicant has revised the parking data on the site plan to indicate the square footage of various uses within the three buildings on the north camPus. The applicant has indicated that they meet parking requirements on site with the proposed number of 2,417 seats within the sanctuary. The applicant has submitted a detailed seating plan indicating the location of additional moveable and/or fixed seats. Both the Building Division and the Fire Department have reviewed the seating plan and have indicated that the applicant has provided adequate aisle widths and meets ADA compliance requirements. Staff Recommendation It is staff’s professional opinion that, based on the revised documents, parking provided on 7 City Council Meeting Date: March 7, 2002 Date Prepared: February 13, 2002 Petition PUD-01-03 site can support the currently approved square footage of uses. Also, staff can support the addition of seating within the sanctuary, based on the proposed seating plan that has been submitted and reviewed by City staff. Staff recommends the elimination of the condition requiring a maximum of 1,750 fixed and/or moveable seats, and allowance for a number of fixed and/or moveable seats within the requirements of the concurrency approval and the Land Development Regulations. Ordinance 23, 1999, Condition 2 "Buildings A and B shall not be used as overflow areas or for supplemental seating for presentations, programs or sermons conducted in the Sanctuary." Applicant’s Request The applicant requested that this language be eliminated in its entirety. Staff’s Initial Analysis Staff requested additional information as to what type of activities take place within these buildings and the applicant responded that these buildings are used for "religious classes and activities." Staff utilized the definition of "Cultural, Recreational and Entertainment, General" for parking requirements, as defined in Section 78-345 of the LDRs. However, supplemental seating may be permitted within these buildings if the applicant can demonstrate that the overall seating (moveable and fixed) on-site is in compliance with Section 78-345 of the LDRs. Applicant’s Response The applicant indicated that no additional seating is utilized within these buildings for sermon overflow, and that these buildings are utilized for religious classes and activities only. The applicant has submitted a detailed site data table more clearly indicating the uses within Buildings A and B. Staff’s Recommendation The applicant has indicated that Buildings A and B are not used for overflow seating. Given the additional seating that may be permitted within the sanctuary building as part of this petition approval, staff does not recommend deletion of this condition. Ordinance 23, 1999, Condition 3 and Ordinance 34, 1999, Condition 2 "Simultaneous broadcasts of presentations, programs and sermons conducted in the Sanctuary to any remote location, on-site or off-site, shall be prohibited." 8 City Council Meeting Date: March 7, 2002 Date Prepared: February 13, 2002 Petition PUD-01-03 Applicant’s Request The applicant requested that this language be eliminated in its entirety. Staff’s Initial Analysis Staff requested that the applicant expand further upon the traffic operation procedures at the Northlake Boulevard entrances to the north and south campuses during the beginning and end of services. Staff has reviewed the original traffic operation procedures, date stamped March 11, 1997, and notes that the study does not address the operation of utilizing both sites simultaneously for services and/or activities. The traffic operational procedures must adequately address the possibility of vehicles entering and exiting onto Northlake Boulevard simultaneously from both campuses, should the language be deleted. Applicant’s Response The applicant submitted previous traffic analysis and operational procedures for staff’s review as part of the initial PUD approval process (attached). The Police Department has reported no problems related to traffic operations at the site after one full year of operation. Staff’s Recommendation Staff found no evidence of traffic control problems at the entrances to both the North and the South Campus. Both sites have received approval from the City for religious use with certain square footage and sanctuary seating. The applicant has also provided staff with a traffic operations site plan, indicating how traffic is controlled from both campuses. It is staff’s professional opinion that activities occurring on both sites simultaneously do not pose a significant hazard. The condition, as approved, may no longer be valid. Therefore, staff recommends deletion of this condition. Ordinance 34, 1999, amended the conditional use of the "Christ Fellowship South Campus." This is a separate zoning district and can only be amended by a separate ordinance. Staff recommends amending Ordinance 34, 1999 by separate ordinance to delete the condition. SUMMARY OF ISSUES FOR CITY COUNCIL CONSIDERATION Operational procedures for shuttle bus service. RESOLVED. The applicant has submitted sufficient information to ensure that this provides a safe alternative to pedestrians crossing Northlake Boulevard. ¯Religious versus non-religious uses as defined by the concurrency approval. RESOLVED. The applicant is permitted to carry out events on site affiliated only 9 City Council Meeting Date: March 7, 2002 Date Prepared: February 13, 2002 Petition PUD-01-03 with their religious use. The requirements of Section 78-345: Number of parking spaces required as it pertains to the uses provided on site. RESOLVED. The applicant has submitted a master site plan with a revised parking data table indicating uses within the Sanctuary Building and Buildings A and B, as requested by staff. Traffic Operational Procedures, including timing, number of days per week, responsibility of traffic direction, etc. RESOLVED. The applicant has submitted sufficient data to document safe Traffic Operation Procedures. NEIGHBORHOOD COALITION MEETING OF JANUARY 31, 2002 The applicant met with the coalition of neighbors at the City’s Fire Rescue Building on January 31, 2002. The meeting was conducted at the request of the residents. At the meeting, the residents expressed a concern regarding the Church’s future growth and requested that the Church refrain from pursuing the proposed amendments to the North and South Campuses until such time that the Church has created a comprehensive development plan, including any future expansions to the east. The Church expressed its interest in moving forward with the proposed amendments, as it had already waited nine months for review of the proposed amendments. The coalition requested information the Church provided, including information on area real estate values, traffic analysis, lighting, projected number of attendees and a "future concepts report." The information was submitted to the neighborhood coalition members for their review and has been filed with the City. Attached is the cover memorandum from the Church regarding the information submitted in response to the coalition’s concerns. The coalition also expressed concerns regarding the availability of parking spaces on the North Campus site. The current code requires a ratio of one parking stall for every three seats, therefore allowing for an expansion of seats to a maximum 2,417. The church currently has 1,750 seats on the North Campus, per the condition of approval placed on the North Campus development order. The neighborhood coalition has argued that a more realistic number for this site is one parking stall per two seats. This was confirmed during the original approval of the North Campus when a head count of vehicles, conducted by the coalition, entering the site for services equaled an average of 1.9 persons per vehicle. This difference between code requirement and the reality of number of persons per vehicle has led to ongoing overflow parking problems, claims the coalition. At the time of original approval, the code required only one parking stall per four seats. Given the number of seats on site, this would have allowed for 3,616 persons in the sanctuary. 10 City Council Meeting Date: March 7, 2002 Date Prepared: February 13, 2002 Petition PUD-01-03 PLANNING AND ZONING COMMISSION RECOMMENDATION At its November 13, 2001 meeting the Planning and Zoning Commission held a public hearing regarding this application and voted 6-1 to recommend approval of the proposed amendments to the City Council. STAFF RECOMMENDATION Staff recommends the following amendments to the conditions of approval for PUD-01-03 Christ Fellowship North Campus PUD amendment: Ordinance 20, 1997, Condition #7 (1)The church sanctuary and related facilities .~,,,4 yea~ shall not be leased, rented or in any way made available to third parties or entities for use as an auditorium, theater or similar gathering~,,~,,,...~_ facilities shall only be used by the Church and its members for purposes directly related and appurtenant to the Church’s function, such as reqular and holiday prayer services, weddin.qs and funerals, and for events sponsored by the Church in furtherance of its ministry, such as special prayer services, reli.qious .qatherin.qs and speakers and youth pro.qrams. Ordinance 20, 1997, Condition #12 (2)The number of fixed and/or moveable seats within the sanctuary shall at-ae-tim~ exeeed-lmZ,=5~, not exceed 2,417 seats at any .qiven time, in accordance with the minimum required number of parkin.q spaces provided on site. Staff recommends the following additional conditions of approval: (3)All audible noises on site shall not exceed applicable noise and decibel level requirements set forth in the Code of Ordinances. Violation of this condition is (4) subject to code enforcement procedures. All other conditions of approval for the Christ Fellowship Church North Campus PUD approval and subsequent amendments shall remain in effect. 11 City Council Meeting Date: March 7, 2002 Date Prepared: February 13, 2002 Petition PUD-01-03 Staff recommends that the following conditions of approval previously approved as part of the Christ Fellowship North Campus PUD be deleted: Ordinance 20, 1997, Condition #9 Ordinance 23, 1999, Condition #3 ~’~’"~,..~,, ,.,,..~, .....j to an)’ ,’~r~"~’~,..,, ,,.,,,., location, on cito or off cito, sha}! be ~, ........... G/ed/2001! 3ud0103cc2 12 February 13, 2002 ORDINANCE 44, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN AMENDMENT TO PALM BEACH GARDENS CHRIST FELLOWSHIP CHURCH NORTH CAMPUS BY AMENDING CONDITIONS OF APPROVAL FOR THE SITE, LOCATED ON THE NORTH SIDE OF NORTHLAKE BOULEVARD, APPROXIMATELY 1 1/2 MILE WEST DESCRIBED ORDINANCE APPROVAL; CONFLICTS; OF MILITARY TRAIL AS MORE PARTICULARLY HEREIN, AMENDING ORDINANCE 20, 1997, AND 23, 1999; PROVIDING FOR CONDITIONS OF PROVIDING FOR SEVERABILITY; PROVIDING FOR AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens previously approved Ordinance 20, 1997, providing for construction of an 85,200 square foot religious sanctuary and ancillary uses, as subsequently amended by Ordinance 23, 1999, and Ordinance 34, 1999; and WHEREAS, the City of Palm Beach Gardens received an application (PUD-01-03) from Palm Beach Gardens Christ Fellowship Church, Inc., for approval of amendments to conditions of approval of the "Christ Fellowship North Campus Site", which is located on the north side of Northlake Boulevard, approximately 1 ½ miles west of Military Trail; and WHEREAS, the 20-acre "Christ Fellowship North Campus" site is currently zoned Planned Unit Development (PUD) with a future land use designation of Residential Low (RL); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and has determined that it is consistent with the City’s Comprehensive Plan and Land Development Regulations and has recommended approval; and WHEREAS, on November 13, 2001, the City’s Planning and Zoning Commission reviewed said application and recommended approval with conditions stated herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves amendments to conditions of approval placed on the "Christ Fellowship North Campus Site" site and subsequent amendments thereto. The subject site is located on the north side of Northlake Boulevard, approximately 1½ miles west of Military Trail, as Ordinance 44, 2001 Date Revised: February 19, 2002 more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. SECTION 2. Said Planned Unit Development is amended subject to the following new conditions, which shall be the responsibility of the applicant, its successors or assigns: (1)All audible noises on site shall not exceed applicable noise and decibel level requirements set forth in the Code of Ordinances. Violation of this condition is subject to code enforcement procedures. (2)All conditions of approval for the Christ Fellowship Church North Campus PUD approval and subsequent amendments shall remain in effect to the extent not modified herein. SECTION 3. The City Council amends Ordinance 23, 1999 by deleting condition of approval number 3: SECTION 4. The City Council amends Ordinance 20, 1997 by deleting Condition Number 9 and modifying Conditions 7 and 12 to read as follows (deleted language is stricken through, new language is underlined): The church sanctuary and related facilities and~.~1~1 i .........i V~ll i~Aiifl; ........lU UI vg. iv~ ~l~k~lll~l. b~ u~od by mcmbors only ~ ....... ~a4;,;~.~ ..... , ...... ~.a~. yc3r shall not be leased, rented or in any way made available to third pa~ies or entities for use as an auditorium, theater or similar gathering place , .~u .....] ..................3S SC~’=CCS~=. ~ ......,..;~.u ~,~. e~*"’4 ........,,;~ e"~a .......,,, , ; ....a 3 ~;a .....~#. .....;~ Such facilities shall only be used by the Church and its members for purposes directly related and appu~enant to the Church’s function, such as reqular and holiday prayer sewices, weddin#s and funerals, and for events sponsored by the Church in fu~herance of its ministw, such as special prayer sewices, religious #atherin#s and speakers and youth programs. 2 Ordinance 44, 2001 Date Revised: February 19, 2002 12.The number of fixed and/or moveable seats within the sanctuary shall at-ae timc e×cccd !,750. not exceed 2,417 seats at any .qiven time, in accordance with the minimum number of parkin,q spaces provided on site. SECTION 5. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City’s Growth Management Department (dates represent the date plans are received and stamped in): September 21,2001 Master Site Plan, Glenn Pate and Associates, Sheet ASP- 1.1 May 23, 2001 Sanctuary Seating Plan, Glenn Pa+te and Associates, 2 Sheets July 9, 2001 Shuttle Bus Flow Diagrams, Glenn Pate and Associates, Sheet SD-1 SECTION 6. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 7. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed. SECTION 8. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF 2002. PLACED ON SECOND READING THIS DAY OF 2002. PASSED AND ADOPTED THIS DAY OF 2002. MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO COUNCILMAN CARL SABATELLO 3 Ordinance 44, 2001 Date Revised: February 19, 2002 ATTEST BY:APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CAROL GOLD CITY CLERK CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO AYE NAY ABSENT g/ed/2001 :pud0103ord 4 Ordinance 44, 2001 Date Revised: February 19, 2002 EXHIBIT "A" (next page attached) 5 DEDICATION: STATE OF FLORIDA ) SS COUNTY OF PALM BEACH ) SS CITY OF PALM BEACH GARDENS ) KNOW ALL MEN BY THESE PRESENTS, THAT PALM BEACH GARDENS CHRIST FELLOWSHIP, INC., A FLORIDA NON-PROFIT CORPORATION, OWNER OF THE LAND SHOWN HEREON AS "PALM BEACH GARDENS CHRIST FELLOWSHIP CHURCH’. SAID LAND BEING THE EAST 653.87 FEET OF THE WEST 693.87 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA--BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 14. TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA,.THENCE SOUTH 88o30"27 , EAST ALONG THE SOUTH LINE OF SAID SECTION 14, A DISTANCE OF 40 FEET TO THE POINT OF BEGINNING; THENCE NORTH 1°57’07" EAST ON A LINE PARALLEL TO AND 40 FEET EAST OF THE WEST LINE OF THE .SOUTHEAST QUARTER OF SAID SECTION 14, A DISTANCE OF 1332.88 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 14 SAID LINE ,ALSO BEING THE SOUTH LINE OF THE GARDENS HUNT CLUB AS RECORDED IN PLAT BOOK 59, PAGES !62 THROUGH 165= INCLUSIVE, PALM BEACH COUNTY. FLORIDPK THENCE SOUTH 88°25"09" EAST ALONG SAID LINE, A DISTANCE OF 653.88 FEET TO A LINE 693.87 FEET EAST OF THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 14; THENCE SOUTH t°57"07" WEST ALONG SAID LINE. A I~ISTANCE OF 1331.87 FEET TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 14; THENCE NORTH BB¢30"27" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 653.89 FEET TO THE POINT OF BEGINNING. LYING .IN THE SOUTHF_J CITY OF F MORTGAGEE CONSENT: STATE OF FLORIDA ) COUNTY OF PALM BEACH ) MICHAEL PARSONS AND W J I~ WILLIAM GROOT CHARITABLE I 1996 HEREBY CERTIFIES THAI UPON THE BOUNDARY PLAT FELLOWSHIP CHURCH, AND DE THE DEDICATION" OF THE LAND OWNER THEREOF AND AGRI RECORDED IN OFFICIAL RECOF PUBLIC RECORDS OF PALM SUBORDINATED TO THE DEDIC/ IN WITNESS WHEREOF MICHAE CO-TRUSTEES OF THE WILL UNITRUST DATED APRIL 17,199 SIGNED BY MICHAEL PARSOt DAY O! WITNESS: I WITNESS: CONTAINING 20.00 ACRES MORE OR LESS. HAS CAUSED THE SAME TO BE SURVEYED AND PLATIED, AS SHOWN HEREON. AND DOES HEREBY MAKE THE FOLLOWING DEDICATIONS: t. THE LIMITED ACCESS EASEMENT. AS SHOWN HEREON, iS HIEREBY DEDICATED TO THE CITY OF PALM BEACH GARDENS FOR THE CONTROL AND JURISDICTION OVER ACCESS RIGHTS. 2. TRACT A AND TRACT C AS SHOWN HEREON, IS HEREBY DEDICATED TO THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS FOR THE PERPETUAL USE OF THE PUBLIC FOR R~HT OF~A~ PURPOSES 3.EASEMENTS FOR WATER AND SEWER PURPOSES AS SHOWN HEREON AND DESIGNATED AS W.S.E ARE HEREBY DEDICATED TO SEACOAST UTILIIY AUTHORITY,ITS SUCCESSORS AND/OR ASSIGNS, FOR INSTALLATION, OPERATION AND MAINTENANCE OF WATER AND SEWER FACILITIES. ¯ IN WITNE.SS .WHEREOF, PALM BEACH GARDENS CHRIST FELLOWSHIP, INC-: A FLORIDA NON=PROFIT CORPORATION, HAS CAUSED THESE PRESENTS TO BE SIGNED BY THOMAS D. MULLINS.. IT~ PRESIDENT, AND ATTESTED BY DUDLEY A~. BARBER. JR., ITS SECRETARY, AND ITS CORPORATE SEAL TO. BE AFFIXED HERETO BY AND WITH THE AUTHORITY OF ITS CHURCH BOARD~ THIS DAY OF 1998. ACKNOWLEDGMENT: STATE OF FLORIDA ) COUNI’Y OF PALM BEACH } BEFORE ME PERSONALLY APP PFAFFENBERGER, CO-TRUSTEE REMAINDER UNITRUST DATED. KNOWN IO ME AND V~tHO EXE AND SEVEFU~LLY ACKNOWI~EDt EXECUTED SUCH INSTRUMENT THAT SAID INSTRUMENT IS TH TRUSTEE~S. W~NESS MY HAND AND 0 .1998. BY: PALM BEACH GARDENS CHRIST FELLOWSHIP, INC. A FLORIDA NON-PROFIT CORPORATION BY: THOMAS D MULLINS, PRESIDENT ATTEST: DUDLEY A. BARBER, JR, SECRETARY ACKNOWLEDGMENT: TITLE CERTIFICATION: STATE OF FLORIDA COUNTY OF PALM BEACH SE I. EDWARD T. BIERCE. SENIOR V COMPANY. DO HEREBY CERTIF~ ¯THE HEREON DESCRIBED PROI: PROPERTY IS VESTED TO PALM INC_, THAT THE CURRENT TAX MORE MORTGAGES OF RECOR ENCUMBRANCES OF RECORD BOOSEE C~EY ClKLIN LUBI’I-Z MARENS MCBAHE ~ O’CONNEL.t_ VIA HAND DELIVERY Ronald M. Fen’is, City Manager City of Palm Beach Gardens 10500 No. Military Trail Palm Beach Gardens, Florida 33410 February 9, 2001 Re: Christ Fellowship Church/Religious Land Use Issues Dear Ron." PHILLIP O. O’CONtlEI_L. SR. (1901-1g~7) Or" CO~J t~SF-..L (IAJ~y WkLK HORTHBRIO0£ TOV~-R I - |91T’( FLOOR ¯ z--~_~:coP~£,~ (561) 833-4209 P.O. I~OX 4626 Congr~tul~.tions on your being named City Manager. As perhaps you have learned during your interim period, I represent Christ Fellowship Church and have been doing so from the time of the approval of their new North Campus facility. The Church’s approval and subsequent applications dealing vdth both their original South. Campus and their blorth Campus have been highly scrutinized by both the Church’s neighbors and the City, and were .politically charged and highly controversial. In the end, the new Hotth Campus was approved mad has developed to exceed all promises and expectations, and the South Campus is now in full compliance with the City"s requirements. The Church and its members are troubled with some of the conditions which were placed on the approvals and the purpose of this letter is to request that they be reviewed with the City Attorney to ascertain their legality. Most of these conditions were adopted without the City’s knowledge of Congress’s enactment of the Religious Land Use and l___n.~itutionali.~ed ~Persons Act of 2000 and I think that if the City had the ~-’~h’~t’ of the ACt’~ r6q~ at the time of-acioption, these conditions would not have been attached to the Church’s approval. L believe that these conditions excessively burd_ en the Ch_u~___’s_a_bility to FellowshiFb-fifon no o~----’~-’-~i’~ tgious institutions in the City or, for that matter, no other approvals of any kind. At least one condition decreases traffic safety for Church members. The issues of concern and our rationale are as follows: I.lqo shuttle service. In early 2000, a petition was filed relating to the South Campus of Christ Fellowship. The petitionwas to extend the date for compliance with certain conditions by approximately. 120 days. The conditions related to certain site improvements. During the public hearing. a Ronald M. Fen-is February 9, 200 ! Page Two discussion about the Church’s use 0f shuttle vans from one campus to the other ensued. A police department representative gave a report discussing shuttle service in a positive vein. The result was a condition attached to the time extension of"no shuttle service.’" The use of shuttle service is a well recognized means of reducing traffic. For example, instead of eight people getting in theh- car and going from point A to point B, one shuttle van can be used, thereby eliminating seven vehicular trips. It is of particular benefit to older and inexperienced drivers. None of the other religious institutions in Palm Beach Gardens have a similar restriction, nor do any other uses of any kind. This condition makes the roadways less safe for Church members and the general public. 2.The Church is prohibited from adding seats for religious holidays and special events. The petition for the North Campus according to the City staff report met or exceeded all City Code requirements. Parking provided was double the City’s requirements (one space/two seats vs. one space/four seats required by the City Code). County Traffic Performance Standards were all met; yet, there was a reduction in thenumber of seats from 2500 to 1750. However, the real problem is that this number cannot be exceeded by using "movable" seats so that the Church can only accommodate overflow attendance at Easter, Christmas, and special_ events by requiring Church members to stand. The limitation on seats has no relation to occupancy and the Church’s legal capacity far exceeds the number of seat~ permitted. The prohibition against movable seals interferes with the Church’s ability to conduct worship services for its members and conversely interferes with the Church members" ability to worship. The Church has already added additional services and they do not adequately accommodate membership needs. To the best of my knowledge, no other religious institution in the City is prohibited from using temporary ,seating and most, if not all, do not have restrictions on the number of permanent seats. The legal standard for the number of ~ats should be based on the number of parking spaces, meeting Traffic Performance Standards and occupancy requirements. 3. blo simultaneous broadcasts allowed. The Church is prohibited from simultaneously broadcasting from the South Campus which compounds the problem; even though both the South and North Church Campuses meet or exceed parking requirements and individually and cumulatively meet Traffic Performance ...... ’~ -S~ii~ req~~-ts-~ -"/~:s~’you - may~k~t~w~; ~ityToli~-’are-am~ utyTor --al l-se~vi~d~ing .......... traffic. This restriction lessens the ability of the Church to perform its function. To my .knowledge, no other religious institution in the City has such a prohibition. 4.Limitation on Special Events. Although the Church has adhered to the condition attached to the North Campus approval limiting them to regularly scheduled services, including services on Christmas Day andEaster Day and six additional events per year, this condition dearly "im..rmses a substantial burden on the religious exercise of a person including a religious assembly or institution" as is prohibited .Ronald M. Fcrris Fobs. 9, 2001 Page Three by the Religious Freedom Act. As far as ! know, no other religious institution has such a limitation on the use of their place of worship. As is the case with the other conditions referenced, it is unrelated to any provision in the City’s Code. The U.S. Senate and House. of Representatives adopted the "Religious Land Use and Institutionalized Persons Act of 2000" to prevent the imposition of these types of burdens on religious institutions. When reviewing the Act, please keep in mind that all of these conditions are individualized for Christ Fellowship. Also, the conditions do not relate to City Code requirements and unreasonably limit Christ Fellowship’s ability to hold religious assemblies to accommodate its members. We would ask that you review the foregoing and that if you agree, that the City immediately initiate appropriate modifications or elimination of the offending conditions. [ also ~,ant to assure you in closing that I believe Christ Fellowship is a very positive addition to the City. Their goal is to enhance the quality of life of their members and all the residents of Palm Beach Gardens. Thank you for your consideration of the foregoing. Of course, my client and I are more than willing to-meet with you to discuss these issues. AJC/nc Pastor Tom Mullens Joe P,_yan, Exee. Administrator Leonard R.ubin, City Attorney (~/ia Hand Delivery) WATTERSON, HYLAND KLETT ~r1"~r. Co~rn" ~t~o L~ RECEIVED ER~80FRGE FEB 2 3 200! February 22, 2001 via Facsimile and U.S. Mail Alan J. Ciklin, Esquire Boose, Casey, Ciklin, et al. Northbridge Tower 1, 19= floor 515 North Flagler Drive West Palm Beach, FL 33401 Re: City of Palm Beach Gardens/Christ Fellowship Church Dear Alan: I am in receipt of your letter dated February 9, 2001, to City Manager Ron Ferris. In your letter, you indicate that-the Chdst Fellowship Church and its members are =troubled" with some of the conditions that were placed on the vadous development approvals applicable to the Church, and you request that this office review such conditions to ascertain their legality. You further indicate that the conditions outlined in your letter were adopted without the CitY’s knowledge of Congress’s enactment of the Religious Land Useand Institutionalized Persons Act of 2000 CActi), which creates a new cause of action relating to land use regulations that impose a =substantial burden" on the religious exercise of a person or a religious institution. While I will gladly review the development orders applicable to the Christ.Fellowship Church, including all conditions attached to such approvals, .it is my understanding that e_.ach of the development order approvals relating, to the Church was adopted by the City pdor to September 22, 2000, the effective date of the Act. Thus, there was no way the C~ty could have been aware of any requirements or standards relating to the Act at the time of adoption. In light ofthe foregoing, please advise as to why you believe the Act has retroactive application. As you are aware, legislation creating new causes of action or substantive ¯ rights are generally applied prospectively, and not retroactively; unless the legislation specifically provides for retroactive application. As a practical.matter, I do not believe that the Act would require the City to review all of its land use approvals after the 1act to 4100 RC~, Boulcvttd - Palm Be=(h Garden,. FL 23410 - Phone )61 DO NOT REMOVE- FILE COPY PLANNING & ZONING D| Alan J. Ciklin, Esquire Febman/22, 2001 Page 2 determine compliance. The appeal period applicable to the City’s quasi judicial land use determinations has long since expired. If the City were to unilaterally modify or eliminate conditions of approval, it would undoubtedly open itself to challenges from affected parties and other landowners within the City. By copy of this letter to Steve Cramer, Interim Growth Management Director, I am requesting that he provide me with all of the development orders relating to Christ Fellowship Church. I will not take any action, however; based on the provisions of the Act, until such time as it is demonstrated that this legislation applies to the approvals at issue. Of course, Chdst Fellowship Church is free to seek modification to any of its conditions of approval through the ordinary procedures set forth in the City’s Land Development ¯ Regulations. I look forward to hearing from you. Sincerely yours, Leonard G. Rubin City Attorney Ron Ferris, City Manager Steve Cramer, Interim Growth Management Director Terence J. Watterson,. Esquire Mayor and City Council lGP.:scw P .-~CPWiD~HISTORY~010131 A\C[:)/k.04(320.013)Scw-doc4 May 23,2001 Mr. Edward A. Tombari, Senior Planner City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 RE: PUD-01-03: Christ Fellowship Church North and South Campus Amendments Dear Sir: The following are responses to the requests for additional information flom our meeting on May 10, 2001. Christ Fellowship seeks to have these conditions removed in order to better serve those in our community who worship at our facilities. While researching answers to the questions posed by The Growth Management Office I have discovered. that the church at no time in the past has asked for any variances or special treatment beyond the city codes. We have been in our new sanctuary for over I year and demonstrated that we are more than a good neighbor. Resolution 5, 2000 Condition 1: Shuttle buses - we own two late model, a "97 Ford 25 passenger and a "95 Chevrolet 30 passenger. These are used during regular service hours and for occasional events. Ordinance 20, 1997 Condition 6: Northern dry retention area - not applicable per our discussion of May 10, 2001. Condition 7: Restriction on events - Following is a current schedule of events and services 1) Service schedule: ¯a. Sunday9:15 and 11:15 am c. Saturday 6:00 pm 2) Monday night.s: a. South campus - Religious classes/activities - approximately 1130 people b. North campus - Religious classes/activities - approximately 200 people 3) Tuesday nights: a. South campus - Religious classes/activities - approximately 200 people 5343 NORItlI-AKE BOULEVARD ~ P^L~ BEACH GARDENS, FL 33418 ~ PHONE: 561-799-7600 ~ F^x:561-i May 23, 200 i Page -2- b. North campus - Religious classes/activities - approximately 300 people 4)Thursday nights: South campus - Religious classes/activities approximately 300 people 5)Friday nights: South campus - Religious classes/activities - approximately 300 people 6)-Any events, which are or may be scheduled, are or will be consistent with our ministry’s religious purpose Condition 9: Restriction on sound amplifying devices - Outdoor events are small weddings in the courtyard area. The amplification requested is for the pastor and wedding party to have microphones to be heard. Condition 12: Restriction on movable seats - Requested floor plan is attached. To answer this question we contacted our arehitect, engineer, and legal advisors to confirm that the lay out meets code requirements for additional movable seating in our principal sanctuary. Once again, the church is not calling for any variances or special exceptions relative to life safety, building codes, or traffic concurrency standards. Ordinance 23, 1999 Condition 2: We are not seeking any additional seating for these religious classes and activities buildings. Condition 3: Restriction on simultaneous broadcasting (see next section) Ordinance 34, 1999 Condition 2: Restriction on simultaneous broadcasting- Any simultaneous broadcasting of services is to facilities, which are independently compliant with all city building codes and traffic concurrency standards. All service times have a minimum of 3 Palm Beach Gardens Police Officers directing traffic and maintaining traffic flow.-Any adjus~’nen~ to traffic flow are made based on recommendations by the Police Officers. In. addition, a detailed traffic study completed and submitted during the initial approval indicated that north and south campuses operating simultaneously met all requirements for traffic. In fact, after I full year of operation police officers that i-egularly direct traffic confirm the fact ......... ~ ..............." ’-tli/ff:if~ffi~ iS- hb t-fi lheTo-t-eliea-l" ~t" p-ra-etieal-i-ssue: .............................................................................................. I trust this information is helpful. Thank you for your assistance in this process. ORDINANCE 20, 1997 5/1/97 9/5/97 10/16/97 1 l/6/97 11/20/97 AN ORDINANCE OF THE CITY COUNCIL OF TI-t~ CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FQR APPROVAL"."-OF’---.-THE’--"PET[TION-OF P~I~M BEACH GARDENS CHRIST FELLOWSHIP CHURCH FOR REZON[NG OF TWENTY (20) ACRES OF LAND LOCATED ON THE NORTHEAST CORNER OF NORTHLAKE BOULEVARD AND GIBSON ROAD TO A PLANNED UNIT DEVELOPMENT, IN ORDER TO CONSTRUCT A CHURCH SANCTUARY AND RELATED FACILITIES; PROVIDING FOR CONDITIONS OF APPROVAL~ AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received a petition from Palm Beach Gardens C".~:is’~ Fellowship Church for rezoning of 20 acres of land located on the corner of No..qhlmke Boulevard and Gibson Road to a Planned Unit Development~ WHEP-vEAS. the Planning a..qd Zoning Department has reviewed said petition aetermined :hat it is sufficient; mad WHEREAS, the petition is consistent with the City’s Comprehensive Land Use Plan. NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens. Florida, hereby approves the petition of Palm Beach Gardens Christ Feilowshio Church for rezoniD._o, of’2_0 acres of la..’:d I,~c:z:e.a on the noctheas~ comer o~ Nocthk..~.:e Boulevard and Gibson Road to a Pta.:med Unit Development, in order to construct a church sanctuary and related facilities. SECTION 2. Said Planned Unit Development is approved subject to the following conditions: 1.Prior to the issuance of the first Building Permit,. a boundary plat shall have been prepared,, approved by City Council, and recorded in the p, ublic records of Palm Beach County.. " Ordinance 20, 1997 ?age 2 Prior to the issuance of the first Building Permit, all necessarypermits shall have been obtained from South Florida Water Management District, Health and Rehabilitative.g,z~ices,,~.a~..d palm Beach County. : .:. ,,-. . ..- ..- .... .<:..,. Prior to the issuance of the first building permit, the property, owner or successor must obtain a driveway connection permit from Palm Beach County for the Nocthlake Boulevard entrance. If at any time the City determines that maintenance of the grass parking area is in disrepair or poor appearance, the City may require the owner or successor to correct the deficiency within thirty (30) days of receipt of v~titten notice. Upon failure by the owner or successor to comply in the time provided, the City may require the parking area to be totally or partially paved within one-hundred-fifty (150) days of receipt by owner or successor of written notice. All such paving shall be conducted according to City standards at the time of paving. All costs ~i:all be d~c res,~o~.sibi!i~v of [he owner or successor. The landscaping and irrigation of Nocthlake Boulevard and Gibson Road as :~rovided for in the plans shall be completed prior to the issuance of the Certificate of Occupancy. The owner or successor shall be responsible for the perpetual maintenance of said landscaping. ~nted r~ azw ~vav ,,~u~ ~,-~,:~c fu~ use as an auditorium, theater or ~imil~ All applicable municipal and county impact fees shall be payable contemporaneous with issuance of the first Building Permit. lhc ,~wnc: ,,r <ucccssor shall utilize police or equally trained officials at all. in,_,rcss and egress points along Northlake Boulevard for the management Of Ordinance 20, 1997 ~age 3 II. traffic flow and direction before and after all events, including regularly scheduled events. The petitioner shall maintain a minimum of three (3) police or equally trained officials at all times for the direction and contol of traffic entering and exiting the site. As a guideline, traffic on Northlake Boulevard shall not be stopped for mi~’&tharlgO.sec’bnds during the traffic c;6titrol perio~l~ ¯ The four traffic lanes located at the western portion of the site which provide access to/from Northlake Boulevard shall be utilized as follows: a)Following all services and events, traffic cones or other similar traffic devices shall be utilized so as to limit ingress to the site to one (1) lane; egress shall be provided via two (2) left-turn lanes and one (1) fight-tuna lane. b)During all other times, two (2) lanes shall be used as inbound lanes and two (2) lanes shallbe used as outbound lanes. ~-ex~ecd 1.750~ Prior to the issuance of the first building petal9., the petitioner shall submi: revised lighting photometric plan, indicating a maximum 20-foot high lighz poies: for the City’s approval. 14.Prior to the issuance of the Certificate of Occupancy, the petitioner shall erect a 6- foot wall along the site’s northern property line. 15.Prior to the issuance of the Certificate of Occupancy, the petitioner shall install a 3-foot grass berm adjacent to the northern limit of the paved parking aisle on the site. No parking shall occur in the area north of the parking lot and berm. SECTION 3. Construction of the Palm Beach Gardep.s Christ Fellowship Churct’.. Planned Unit Development shall be in compliance with the following plans on file with the Ciw’s Growxh Management Department: 3.) 4.) 5.) November 12, 1997 Site Plan, Glen Pate & AsSociates, Sheet SP-I.0 October 1, 1997 Architectural Elevations, Glen Pate & Associates, Sheets A-1.0 through A- , October 28, 1997 Conceptual Floor Plan and Section, Glen Patte & ASsociates, 2 sheets.. November 14, 1997 Landscape Plan, George G. Gentile & Associates, Sh~et.L-I January. 24. 1997 Landscape Elevations, George G. Gentile & Associates, Sheet L-2 Februa~, 21. 1997 Landscape Elevations. George G. Gentile & Associates, Sheets L-3 ~i~:ough I.-7; Ordinance 20, 1997 Page 4 7.) g.) November 3, 1997 Irrigation Plan, George G. Gentile & Associates, Sheet I-1. September 30, 1997 Conceptual Drainage Plan, Kimley-Hom and Associates, Sheet C-I.0 SECTION 4. This Ordinance shall be effective upon adoption. af " ".’~.’: ......-,t ", " .""". PLACED ON FIRST READING THIS ’_~__ DA.Y OF ~ 1997.. PLACED ON SECOND READING THIS ~AY~~~~, 1997. PASSED AN~PT~~~AY OF ~~~, 1997. ~/(~.~ c ,. //~,, " v~~w~~_~"~-~ ,~~- COUN"CIL: ,L~N DA ¯ ID CLARK ATTEST:APPR, OVED AS TO LEGAL FORM AND LINDA V. KOSIER, CMC, CITY CLERK SUFFICIENCY. ~I-T’Y ATTORNEY \; O T l:2: MAYOR RUSSO VICE MAYOR FURTADO COUNCILWOMAN MONROE COUNCILMAN JABLIN v’- COUNCILMAN CLARK AYE NAY ABSEN" April 26, 1999 May 21, 1999 June 24, I999 July 15, 1999 ORDINANCE 23, 1999 ¯ " .." ~_.,..: ......~. ~....,. ~.. AN ORDINANCE OF THE CiTY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF AN A1VIENDI~YENT TO ORDINANCE 20, 1997 TO PROVIDE FOR M.INOR C~GES IN THE ELEVATIONS AND FLOOR PLANS OF BUILDINGS A, B, AND C IN THE CHRIST FELLOV¢SHIP PLANNED UNIT DEVELOPMENT; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR .~ EFFECTIVE DATE. WHEREAS, the City has received an application fi~om Christ Fdlowship Inc, to anend Ordinance 20. 1997 to provide for minor changes it,. the elevations of Buildings A. B and C a ~d to ",he floor plm~ of Bui!di:’.g A wizhi:: d~.e C!ais~ Feiiowship Plm’-med Urdt Develop:hen.’.: an/ \\.~iEREAS. Cbist Fellowship was approved by Ordinance 20, 1997" ar_.d ~rfinor in nature; and WHEREAS, the City’s Growth Managemeat Department has detem~ined that approx al of said application is consistent ’,ith the City’s Comprehensive Plan and Land Development Regulations. NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: - SECTION l. The CiB’ Council of the Cib’ of Palm Beach Gardens, Florida, approves an amendment toO,&n"-; ..... -m-, 20 .... 1997 ro provide for minor chm~ges in the elevations and floor plans o~" ~" ’ ",- t Fe ~Unit Development.Bui]din~s A. B and C ,..m:m .:he Ciais "" lk, vship Planned SECTION 2. Said approval shall be subject to the following conditions, which shall ~e the respondbility of the applicant, its successors and/or assigns: " All of the conditions from Ordinance 20, 1997 shall remain in full force and effect. (Planning & Zoning) 1 o Building A shall be limited to a capacity of 452 people. (Code Enforcement) SECTION .3, Said approval shall be consistent with plans and documents filed with the Cib"s Growth Management Department as follows: 1.March 19, 1999 Architec:.ral Site Plan, Glenn Pate & Associates, Sheet SP-I. 2.May 18, 1999 Building B Elevations (Children’s Education), Glelm Pate & Associates, Sheet A-! 3.June 25, 1999 Building B Floor Plan, Glenn Pate & Associates. 4.May 18, 1999 Building A Floor Plan (Youth Ministry), Glenn Pate & Associates, Sheet A-2. 5.May 18, 1999 Building A Elevations, Glean Pate & Associates, Sheet A-3. 6.May 18, 1999 Building C Elevations, Glenn Pate & Associates, Sheets A-4, A-5. 7.May I I, 1999 Letter from Glenn Pate & Associates. SECTION 4. Tl’ds Ordinm~ce shall be effective upon adoption. ~O-0~e~f’e.. Russo -X;,,’ICE MAYOR-L-XUREN FURTADO PLACED ON FiRSTRE.A, D1-NOTHIS 17 :¯ DAY Oi- J~:~ i999. j a ;" ."" i PI.AC}-~!) 0:( SECOND READL3,’C- TH1R /,.o 73.x-, O7 ’~4~i....... _ ...... - ....... _ ....... ~/-__-.~- .:~_ ,_-- ..’-~. / ./ ~TP.ODUC~D, PASSED ~ ADOPTaD TInS /-~ tS.~ OF Z \ co , " S-’A’~A’r~LLO ...---\:._. ;"~."-~..-:.~.~__.i ~..._y._._:_ .... ’CO%~CILMAN DAVID CLARK ATTEST: LINDA g. KOSIER, CMC, CITY CLJERK 1999. ¯ 1999. APPROVED AS TO LEGAL FORM :.~SUFFICIENCY. 2 MULTI-~ POOLROOm1 KITCHEN ~=F1C~6 6lIB ,r 2324 451 er 41 2| REVISIONS: It / I /’3"1 I! / 121 ~-I tU,~L.L.,~ LT. ~)1 /~1/¢38, PJJ~. SHEET NO.. OF bRAWN BY bATE I~E) ¯ PROJE( ¯ I}FPARI~FNI ~’R,,dq~lC l~,OW FOR EXITING Petition No. POD-96-04 " PBG Christ Fellowship Our recommendation to the City Police Department is that traffic on Northlake Blvd. never be stopped for any period of time longer than a 90-s~ond inte ~rv.al. (This is the time of short traffic light.) ~er ttafftc is flowing ~3otldy on Northlake and traffic on the site stacked sufficiently, the!e should be another 90-second or less intewal to allow h-afire to exit the site after service. NOTE: With this plan in place, no one traveling on Nortldake should ever have to wait more than 90 seconds at our egress point.on Northlake Blvd. Please note the following statistics: Single right turn lane can handle 1.690 vehicles per hour. -- .47 vehicles per second. .47 x 90 seconds -- 42 vehicles per 90-second interval. Single left turn lane can handle ~ vehicles per hour. = .33 vehicles per se.~nd. .33 x 90 ~nd~ = 30 ve~cles p¢~ 90-second interval. Field te~t of tr-Mfic cxiting the cxisting site verifies the above statistics. Hew Site: Two tcft turn Lanes for exiting./ ~.-.-~/" "~-\ One right turn lane for exiting.~/-~;> ~ ~ ~ \~\ For ~ch 90~oad iute~ ~ 102 ~ can e~t ~e are.~ ~ ~ ~ _~ ~. ~ Ei~t (g) 90-~nd ~e~Ms c~ void ~e ~fi~ p~king lot.N’2X - ,~:5~ ~ ’53~2 NO~hlake-~ivd. - PaI~ Bea~ ~aid~hs; FL ~3418 - ~ho.e 5~1/622-2384 ~ FaX .....56116~2-8445 .Febru -,T 13, 1997 ¯ ~lr.. Jack Dillon .Cypress Ho~_o_w Homeowners Association 199 I II I " " Christ FelloWship "--- "---~--"--’.--"~ (~hrist l~cllo~ship i Christ Fellowship FE L LO~VS H I P February 6, 2002 Ms. Joan Altwater V.P. Cypress Hollow HOA 9180 Cypress Hollow Drive Palm Beach Gardens, FL 33418 Dear Joan, Joan per your request and our subsequent conversation to clarify your group’s understanding please find attached the following: 1. Real Estate Value Study - Performed by licensed Real Estate Agent Mr. Robert Graeves. His resume and qualifications are included. The surveys indicate and as a home owner, I’m sure you will be pleased to know, that property values increased substantially during the past 3-year period. 2.Traffic Analysis and Flow Table - Counts of the number of cars and number of 90- second interval stops during services.. The traffic flow data indicates that car counts and traffic load during peak times remains consistent with a June 15, 1999 study completed by K.imley-Horn and Associates, Inc. At that time, Kimley and Horn, Inc. evaluated the existing traffic flow using the signalized intersection methodology set forth in the 1994 Highway Capacity Manual "lt was found that all proposed driveways will operate at acceptable levels of service based upon signalized intersection capacity analysis ". This is confirmed by actual experience and observation. 3.Lighting Schematic - There has been no change in the light plan since the church was built. Computerized programs control lights which are only used during regularly scheduled service times and are set to go off by city ordinance code at 10 P.M. Security lights close to the building remain on for security purposes. 4.Future Concepts Report - As to your request for future development concepts for 20 acres adjacent our north campus, at this time we are considering facilities to accommodate our congregation as follows: *New Student Ministry Center ,New Children’s Ministry Center ¯Family Life Center .~i:¯¯Fellowship Hall ’is time we do not have a square footage projection. As in the past, we will not be ag any special variances outside of the Building Codes. ~nt and Projected # of Attendees- Information was gathered fi’om actual counts "vices and projections from recognized church growth researchers. 5343 lX.lorl:hlake Boulevard ¯ Palm Beach Garde~ls, FL 33418 Phone 561.799.7600 ° Fax 561.622.8445 ¯ www.cltoday.org o Place Of Hope - Site Plan for future development which is on file at the County. Staff and Church Comments on Petition- This summary is meant to provide recapitulation of the salient and substantive points from city staff as well as comments made by Pastor Mullins and myself at our meeting. As I mentioned on the phone, we would like to meet with your group again as soon as possible. Since not very much has changed from the last time we discussed these issues and the amount and format of data seems easy enough to read and understand, we trust meeting soon would not present a burden on your group. As you said, "we are all reasonable people". Certainly, reasonable people will see the urgency attendent to some of these restrictions. We need to answer the question of what constitutes an agreement with your group. If language different from the staff recommendations developed over the past 9 months is to be proposed by your group, how will we determine what language will be used? If we continue to dialogue on these issues, does a simple majority vote carry the language forward? Accordingly, we would like to suggest at our next meeting we discuss each of the items before the City Council for March 7th. Firstly, your group votes "yea" or "nea" on language as drafted by City Staff and approved by Planning and Zoning. If"yes", we move that item forward. If"nea", we dialogue about changes and see if we can find common ground. This will keep the process on critical life safety issues and religious freedom moving forward, while allowing for dialogue on the issues that are, perhaps, arguably not related to either safety or religious freedom. We look forward to meeting with you again soon. As always, if there are any questions please contact me by phone at 307-3380. City Council City Staff CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: March 7, 2002 Revised on: February 21, 2002 SUBJECT/AGENDA ITEM Consideration of Approval: Public Hearing/Resolution 81,2001, a request to modify the Planned Community District (PCD) and Master Plan of the Regional Center Development Regional Impact (DRI) to allow certain land-use conversions, roadway reconfiguration, and increase in the total commercial square footage permitted by the Development Order of the Regional Center DRI. The City Council continued the public hearing held on February 7, 2002, to March 7, 2002, since the petitioner requested the continuance. RECOMMENDATION Staff recommends approval of Resolution 81,2001. Reviewed b~ City Attorne( /..~;~-~/~.,// Finance NA ACM Human Res. NA Other NA Gro~h Manag~men~t irector Approved City Ma nag~,¢" Originating Dept.: Growth Management Advertised: Date: 1/22/2002 Paper: Palm Beach Post [X] Required ~¢~ .d .parties [X] Notified [] Not Required Costs: $,~ Total $ Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#:: Council Action: [ ] Approved [ ] Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: ¯ Resolution 81,2001 ¯ Adopted Map H ¯ Proposed Map H ¯State/regional agency comments ¯Mr. Forbes’ Letter ¯Mr. Diamond’s Letter ¯Kimley-Horn Response [ ] None City Council Meeting Date: March 7, 2002 Date Revised: February 21, 2002 Petition DRI/PCD-00-01 REQUEST: Urban Design Studio, agent for Catalfumo Construction and Development, Inc., is requesting a Notice of Proposed Change (NOPC) and an amendment to the Planned Community District (PCD) for the Regional Center DRI located at the northeast corner of PGA Boulevard (Blvd.) and AIt. A-1-A. The several proposed revisions to the DRI and PCD master plan are listed below under "Proposed Modifications." BACKGROUND: On February 16, 1984, the City Council approved the Development Order for the Regional Center Development of Regional Impact (DRI) by adopting Resolution 9, 1984. The DRI was approved for a mixture of land uses consisting of retail, ottice, hotel, residential, open space and community use. The Development Order currently permits the development of 1,440,000 square feet of retail, 1,210,000 square feet of office (business), 356,150 square feet of hotel (419 rooms), 235,200 square feet of office (research), and 1,813 dwelling units. The total acreage of the entire DRI is 458.2 acres. The most-recently adopted NOPC to the Development Order of the Regional Center DRI was approved bythe City Council on April 19, 2001, by Resolution 36, 2001. The previously-adopted NOPC allowed the following: ¯Designating approximately eight-acres as oak hammock preserve, per Condition 4 of the Development Order; Converting approximately 9.3 acres from "Office/Hotel/Community Use" to "Multifamily/Office/Community Use." The conversion will result in converting 151 hotel rooms to 213 residential units on "Parcel 2," which will become "Parcel 4" bearing the designation of "Multifamily/Office/Community Use"; ¯Combining all the residential parcels located in the northeast portion of the DRI into a 104- acre unified parcel (Kolter property); Reconfiguring the water management tract to redesign the drainage system and to accommodate the proposed oak hammock preserve, which is located north of the water management tract; and Reconfiguring the internal roadways on the Kolter property by changing the alignment of the Loop Road to accommodate the proposed location of the oak hammock preserve and the proposed development. The Development Order has been previously amended six times. Currently there is only one pending NOPC, which is the subject of this petition. City Council Meeting Date: March 7, 2002 Date Revised: February 21, 2002 Petition DRIIPCD-00-01 PROPOSED MODIFICATIONS: The applicant proposes to make several changes to the adopted Master Plan of Development or Map H (please see map attached). The petitioner has also proposed new changes that were not previously included, based on direction and comments from the City Council on August 2nd and October 4th of this year. The new changes are represented in bold and Italics. The following are all the proposed modifications to the DRI: ¯Reconfiguration of the alignment of Victoria Gardens Drive; ¯Relocating the two-acre Neighborhood Commercial parcel (Parcel 6) west of the water management tract, east of Victoria Gardens Drive, and south of Gardens Parkway; ¯Redesignating the current Neighborhood Commercial parcel as a two-acre Multifamily Residential (an increase in residential acreage but not in number of units); Revising Condition Number I of the Development Order of the Regional Center to relocate the already approved 25,000 square feet of retail on Parcel 27.05 to Parcels 27.12 and 27.14 (Menin project), per City Council direction; Reconfiguring Parcel 7 as a 1.5-acre parcel for passive open space connected to the water management tract in addition to providing a "3-acre" area primarily around the lake. The applicant has also agreed to provide a 30,O00-square foot pavilion for public use to be located west of the lake. Park furniture, landscaping, and maintenance of the pavilion will also be provided by the applicant, per City staff’s direction; ¯Designating the remaining acreage of Parcel 7 for Office/Hotel/Community Use and combining it with Parcel 2 immediately to the south; ¯Increasing the square footage of retail commercial uses by 200,000 square feet through the use of the conversion matrix; Limiting the conversion matrix to those parcels so identified on Map H. The conversion of retail commercial has also been limited to only Parcels 27.12 and 27.14 (Menin project); Amending Condition Number 1 of the Development Order of the Regional Center DRI to establish and adopt a conversion matrix containing conversion rates for the approved uses. This would allow the conversion of one use to another without having to initiate an NOPC, provided the various regional and state agencies are notified of such conversion. The applicant has included residential uses into the matrix; 3 City Council Meeting Date: March 7, 2002 Date Revised: February 21, 2002 Petition DRI/PCD-00-01 Amending Condition Number I of the Development Order of the Regional Center DR/to include a statement specifying that all conversions require City Council al~l~roval, and moving notes (explanations and conditions) from Map H to Condition Number I for legibility purposes; Amending Condition Number I of the Development Order to include references to the type of development that would take place on the Menin parcels. Exhibit C of Resolution 81, 2001, lists possible conditions "safe guards" to ensure that such development must be in substantial compliance with such conditions, exhibits, and diagrams of said resolution; and ¯Amending Map H to renumberParcels 27.05, 27.04, and 27.03 from numbers 1 to 2, which does not include commercial uses. STAFF ANALYSIS: Regional Issues: The proposed changes were presumed to be substantial deviations to the approved DRI. However, the applicant has rebutted the presumption of substantial deviations by clear and convincing evidence with respect to all of the proposed modifications, according to regional and state agencies. However, the City Engineer’s office has raised a concern with respect to the relocation of the Neighborhood Commercial (Parcel 6) on grounds that it may lead to an increase in additional external trips over and beyond the total number of trips approved for the Regional Center DRI. This concern can be overcome by imposing several restrictions on the type of uses, access, and signage for this parcel so that it remains totally internal to the DRI. The applicant has agreed to these conditions on the proposed relocation of Parcel 6. The Florida Department of Community Affairs (DCA) and the Florida Department of Transportation have raised objections to this alternative. Local Issues: Staff has reviewed the Development Order of the Regional Center DRI and Application for Development Approval (ADA) and concurs that the 20-acre park area is not clearly delineated in graphic or written form in the official documents of the DRI. Language in the ADA suggests that the 20-acre park is linear and extends all the way from the western edge to the eastern boundary of the DRI (please see attachment). Further, past DRI annual reports have concurred with this assumption. 4 City Council Meeting Date: March 7, 2002 Date Revised: February 21, 2002 Petition DRI/PCD-00-01 First, in order to ensure and encourage public awareness of the linear, interconnected park, staff recommends that the petitioner provide and implement a public information signage program within the DRI identifying the interconnected park system. The signage program should inform the public that such areas are open for public use and access. The program should be a comprehensive signage program integrating and furthering the intent of the 20-acre park function and purpose. The signage program should be intended to raise public awareness as to the location and access of the park area to the public. The program shall include appropriate maps, directories, and symbols indicating recreational amenities and directing the public to the location of the accessible park area. Second, staff further recommends that the petitioner implement and maintain certain improvements regarding landscaped pedestrian connections and specialty pavers on Gardens Parkway and Kyoto Gardens to link the northern and southern portions with the central area of the park. Sidewalks along the length of the underpass to connect Lake Victoria with the northern portion of the park area is also important. Staff recommends that these suggestions be included as conditions of approval to Resolution 81,2001. Third, staff further recommends that all these improvements be directly related to the proposed land-use conversions. A condition of approval should state that no conversion shall take place prior to City Council approval of the 20-acre park improvement plan. PUBLIC COMMENTS: Staff has received a letter of objections/concerns from Mr. Lawrence Diamond, authorized agent for the owners of Building 3801 PGA Blvd. (please see attachment). Mr. Diamond primarily raises traffic concerns within the internal roadways of the Regional Center DRI. The applicant has provided a rebuttal statement in the form of a traffic narrative (please see attachment). PLANNING AND ZONING COMMISSION RECOMMENDATION: On December 18, 2002, the Planning and Zoning Commission held a public hearing to consider the subject petition and with a vote of 4-3 recommended approval of the proposed modifications to the Development Order of the Regional Center DRI. STAFF RECOMMENDATION: Staff recommends approval of the proposed changes to the Development Order of the Regional Center DRI, provided the petitioner accept the comments noted above re.qardin.q the 20-acre park issue as conditions of approval. The applicant has rebutted the presumption of substantial deviation by clear and convincing evidence. DCA and TCRPC have removed their initial objections to the NOPC and have found the proposed changes not to create unreviewed, additional, regional impacts (please City Council Meeting Date: March 7, 2002 Date Revised: February 21, 2002 Petition DRI/PCD-00-01 see attachments). Staff has not received any objection from DCA regarding the newly proposed changes. TCRPC has notified staff that the additional changes are not substantial deviations, since the applicant has rebutted the presumption. Accordingly, the proposed modifications do not constitute substantial deviations. G:Talal/DRI-NOPC-00-01-cc RESOLUTION 81, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENT OF RESOLUTION 96, 1999, THE CONSOLIDATED AND AMENDED DEVELOPMENT ORDER FOR THE REGIONAL CENTER DEVELOPMENT OF REGIONAL IMPACT (DRI) AND PLANNED COMMUNITY DISTRICT (PCD); PROVIDING FOR AMENDMENT THE MASTER DEVELOPMENT PLAN TO RECONFIGURE THE ALIGNMENT OF VICTORIA GARDENS DRIVE, RELOCATE THE NEIGHBORHOOD COMMERCIAL PARCEL 6, REDESIGNATE THE USE OF PARCEL 6 AS MULTIFAMILY RESIDENTIAL, REDISTRIBUTE THE ACREAGE OF PARCEL 7 BETWEEN PARCEL 2 AND THE COMMUNITY SERVING OPEN SPACE AREA AROUND LAKE VICTORIA, INCREASE THE SQUARE FOOTAGE OF COMMERCIAL USES BY 200,000 SQUARE FEET, AND AMEND CONDITION #1 TO ESTABLISH AND ADOPT A LAND-USE CONVERSION MATRIX AND GENERAL LAND-USE AND DESIGN GUIDELINES FOR THE AREA WEST OF THE WATER MANAGEMENT TRACT AND SOUTH OF GARDENS BLVD.; PROVIDING THAT THE CITY CLERK SHALL TRANSMIT COPIES OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE TREASURE COAST REGIONAL PLANNING COUNCIL, PALM BEACH COUNTY, MACARTHUR CENTER PROPERTY OWNERS ASSOCIATION, INC., AND THE MALL PROPERTIES LTD.; PROVIDING FOR REPEAL OF RESOLUTIONS IN CONFLICT; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 5, 1999, the City Council adopted Resolution 96, 1999, as a consolidated and amended Development Order for the Regional Center DRI and PCD; and WHEREAS, the City Council has received an application from The Mall Properties Ltd. to adopt an amended Master Plan for the Regional Center; and WHEREAS, the Planning and Zoning Commission has reviewed the Development Application and has recommended approval of the proposed amendments; and WHEREAS, the City Council has reviewed and considered the Development Application, the Proposed DRI Development Order, the proposed amendments, the proposed Master Plan, the recommendation of the Planning and Zoning Commission, and such other information and testimony presented to it with regard to this Application; and WHEREAS, the City Council has held a public hearing on this matter and makes the following findings of fact and conclusions of law, based upon substantial, competent evidence: These proposed amendments and additions to the PCD, Development Order, and Master Plan are consistent with the Comprehensive Plan of the State of Florida and Chapter 380, Florida Statutes; Prepared on: March 6, 2002 Resolution 8 l, 2001 These proposed amendments to the Development Order and the Master Plan do not constitute "substantial deviations" from the terms of the Development Order, as provided in Section 380.06(19), Florida Statutes, and therefore, this application does not require further development of regional impact review; and The amendment and additions to the PCD, Development Order, and the Master Plan are consistent with the Comprehensive Plan and the Land Development Regulations of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: SECTION 1. The foregoing "whereas" clauses are hereby ratified and incorporated herein. SECTION 2. AMENDED PCD and DRI DEVELOPMENT ORDER. All provisions of Resolution 96, 1999 remain in full force and effect to the extent not expressly modified herein. SECTION 3. REVISED MASTER PLAN. Ao The revised Master Plan contained in the City’s Planning & Zoning Division files is adopted as the official Master Plan for the Regional Center and attached hereto the Development Order: Proposed 02.25.02, Parcel 27.12 NOPC, 2001, Exhibit H - The Regional Center, Urban Design Studio. The Master Plan is specifically revised to reconfigure the alignment of Victoria Gardens Drive, relocate Parcel 6 to the eastern portion of Parcel 4, redesignate the current location of Parcel 6 as Multifamily Residential, redistribute the acreage of Parcel 7 between Parcel 2 and the community serving open space area around Lake Victoria, increase the maximum possible square footage of commercial uses by 200,000 square feet, and amend Condition #1of Resolution 96, 1999, to establish and adopt a land-use conversion matrix, conditions and approved land- use activities for the Neighborhood Commercial parcel, and general design and land-use guidelines for the development of the area west of the water management tract and south of Gardens Blvd., as more particularly described in Exhibits "H," "A," "B," and "C" and Diagrams 1 and 2 attached hereto. 2 Prepared on: March 6, 2002 Resolution 81, 2001 SECTION 4. TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE TREASURE COAST REGIONAL PLANNING COUNCIL, PALM BEACH COUNTY, MACARTHUR CENTER PROPERTY OWNERS ASSOCIATION, INC., AND THE MALL PROPERTIES LTD. The City Clerk shall immediately transmit certified copies of this Development Order by certified mail to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, and the Mall Properties Ltd. SECTION 5. REPEALER All Resolutions in conflict herewith are hereby repealed. SECTION 6. SEVERABILITY If any section, paragraph, sentence, clause, phrase, or word of this Resolution is for any reason held by a court or administrative official of competent jurisdiction to be unconstitutional, illegal, inoperative, or void, such holding shall not affect the remainder of this Resolution. SECTION 7. EFFECTIVE DATE. This Resolution shall become effective upon adoption. PASSED AND ADOPTED THIS DAY OF ,2002. MAYOR JOSEPH R. RUSSO ATTEST:APPROVED AS TO LEGAL FORM AND SUFFICIENCY. BY: CITY CLERK CITY ATTORNEY Prepared on: March 6, 2002 Resolution 81, 2001 VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER FURTADO COUNCILMEMBER CLARK COUNCILMEMBER SABATELLO AYE NAY ABSENT G:TalaI/DRI-PCD-00-01 -cc-res 4 EXI/IBIT A TO RESOLUTION 81 2001 AMENDED DEVELOPMENT ORDER CONDITION #1 The Regional Center Application for Development Approval is incorporated herein by reference and relied upon by the Parties in discharging their statutory duties under Chapter 380, Florida Statutes. Substantial compliance with the representations contained in the Application for Development Approval is a condition for approval unless waived or modified by agreement among the Parties, as defined in Subsection 380.07(2), Florida Statutes. For purposes of this condition, the Application for Development Approval (ADA) shall include the following items: ADA, consisting of Volumes I and II and Appendixes A, B and C, dated September 1983, revised and submitted October 14, 1983.1 Notwithstanding anything to the contrary in the Application for Development A.pproval ("ADA") including but not limited to, Exhibit H and the tabulations, notations, labels and designations therein, nothing in the ADA shall be interpreted to constitute a constraint on the amount and physical location(s) within the boundaries of the DRI of uses in any of the areas designated on Exhibit H for Retail/Office/Hotel (1), Office/Hotel/Community uses (2), Research/Office/Service Community Uses (3); provided the total square footages for uses are consistent with the Conversion Rates below and do not exceed any ofi~ the Range of M~Jmum Floor Space Allocations on Exhibit H and restated below are net e,~ceeded; and provided that such uses do not intrude into any areas designated on Exhibit H as open space and; further provided that no changes are made to the location(s) of the Major Road Systems as shown Exhibit H, except that the final configuration of Victoria Gardens Boulevard (north of Kyoto Gardens and south of Gardeus Parkway, with intersections to remain as established by Exhibit H) shall be determined during_~ethe site plan review process; and provided further that if the Conversions Rates below are used for the development of retail, said retail development shall occur only on the property located south of Gardens Parkway, north of Kvotu Gardens Drive, east of Air. A1A, and west of the water management tract. Further any such retail development shall be required to occur in substantial conformi _ty with Exhibit C and Diagrams I and 2 of Resolution 81-2001. Any site plan approval by the City shall be deemed consistent with Map H and Exhibit C to Resolution 81-2001. Conversions shall be limited to parcels identified on the DR[ Master Plan Exhibit H with a plus symbol ("+"). No conversions or site plan shall finally approved by the City Council until the City Council approves the park improvements as described in item 8. of Exhibit C. The park .improvements plan may proceed simultaneously with the consideration of a conversion and a site plan. The remaining 25,000 square feet of retail approved by Resolution 25, 2000 shall be located on property/south of Gardens Parkway, north of Kyoto Gardens Drive~ east of Air. A IA, and west of the water management tract (identified on Exhibit H with ~n unfil!ed asterisk symbol" ~u~" ) PARCEL 27.12 NOPC LAND USE CONVERSION RATES From Intensity To R & D Office Isf.Retail Hotel I room Retail Intensity 0.435 sf 248.742 sf Business Office 1 sf.Retail 0.545 sf Hotel 1 rooln Business Office 665.124 sf RANGE OF FLOOR SPACE ALLOCATION FOR LAND USES USE Neighborhood Commercial. Regional. Retail,Resta~.trant, Cinetp.a Office - Business Office - Research Serivce Hotel Residential TOTAL 26,000 sf 1,440,000 sf 1,123,287 sf 73,440 sf .118..rooms/100,300 sf* 1,813 du/[,813,000 st’* 4,576,027 sf MAXIMUM 26,000.sf 1,640,000 sf 1,210,000 sf 235,200 sf 449 rooms/381;650 sf* 1,813 du/l,813,000 5,305,850 sf *Square f~otage numbers are established as an estimate and may vary from actual development. R0om/unit counts will be the actual determinate of the use for both Hotel and Residential categories. All conversions require approval of the City Council through the site plan review process. Any conversions of land uses pursuant to the Conversion Rates above will include a written notice to the Department of Commtmity Affair Bureau 0f Local Planning and Treasure Coast Regional Planning Council upon the filing of a development application with the City of Palm Beach Gardens. All such conversious will also be addressed in the Annual Report. \\Uds_servefiVOL I \COMMONklobsLr~.cgionalCenterDRl~ 7.12~docondition Irevised.022802.vcpd LCC35 EXHIBIT B TO RESOLUTION 81 2001 THE REGIONAL CENTER DRI MASTER PLAN EXHIBIT H PERMITTED NEIGHBORHOOD COMMERCIAL USES RETAIL & COMMERCIAL Antique Shop Appliance and Electronic Store Bakery Bicycle Sales and Repair Bookstore Floral or Florist Shop Fruit and Vegetable Market Gift and Card Shop Grocery Store, Retail Hobby, Fabric and Craft Shop Ice Cream Shop .. Jewelry Store, including Repair of Jewelry and Clocks Restaurant PERSONAL SERVICES Bank/Financial Institution with or without Drive Through Barber / Beauty Shops Dry Cleaning Laundry and Dry Cleaning Pickup Station Personal Services Picture Framing Shoe Repair Video Rental and Sales PUBLIC & INSTITUTIONAL Post Office CULTURAL, ENTERTAINMENT & RECREATIONAL Park, Public Recreation Center, Public OTHER Satellite Dishes, Accessory NOTES: 1. Any use not specifically listed herein may be permitted in the Neighborhood Commercial category of the Regional Center DRI at the discretion of the City Council. 2. The Neighborhood Commercial category of the Regional Center DRI shall have a minimum of three permitted uses. 3. No signage for the Neighborhood Commercial uses shall be permitted on the Alternate A1A. 42 Direct vehicular access to a Neighborhood Commercial use shall only be permitted on Victoria Gardens (a.k.a West Avenue). \\Uds_server\VOLl \COMMONUobskRegionalCenterDRlk27.12kNeighborhoodCommercialUsesf.022502.wpd LCC35 EXHIBIT C TO RESOLUTION 81 2001 THE REGIONAL CENTER DRI MASTER PLAN EXHIBIT H RETAIL CONVERSION REQUIREMENTS Any use of the Conversion Matrix to increase Retail Use shall conform to the following requirements: Retail may only be located as provided for on Exhibit H - The Regional Center Master Plan map. Retail use other than quality or specialty restaurant must be a part of a multiple use project in which there shall be a mix of uses in the same building or in buildings linked by pedestrian plazas. Quality or specialty restaurant may be but are not required to be free-standing buildings. Multiple and mixed uses shall mean the project contains at a minimum two of the following uses: office, hotel, residential, or retail including theater and/or restaurant establishments. Discount Department Stores as defined by the Land Development Regulations Supplement 10 (as of the effective date of this resolution) are prohibited unless approved by the City Council. Retail use other than quality or specialty restaurant shall be designed in buildings that are connected physically by structure or by pedestrian plaza. Free-standing fast food restaurants and free-standing pharmacies/drugstores are prohibited. Please refer to Diagram 1 as an example of how this requirement may be fulfilled. Retail uses must be in buildings of varying stories, heights and size but with unifying architecture that promotes a sense of place and pedestrian orientation. Design elements of the buildings are to include defined entryways, awnings and/or canopies, balconies, outdoor seating, the use of color to articulate architectural variation, and other facade detail to avoid blank walls. Please refer to Diagram 2 as an example of appropriate architecture. Nothing in the use of the Conversion Matrix for additional retail shall limit the ability to developed up to 166 residential units in the location designated on Map H and as approved by the City Council through the site planning process. In addition, any retail use, single entity use, site plan design, or building architecture approved by the City Council shall be deemed to comply with these requirements. o A building permit for a stadium seating multi-screen theater, no less than 55,000 square feet and no less than 2600 seats, shall be included within the first 100,000 square feet to be built. No more than one building permit can be issued prior to the building permit for the theater. The theater shall be diligently constructed, without owner delay, until completion. o The Victoria Gardens Boulevard extension (between Kyoto Gardens and Gardens Parkway) and park improvements shall be started prior to or simultaneously with the first building permit for vertical construction to be built and diligently constructed without owner delay until complete. The park improvements shall be approved by City Council resolution. The plan shall include provisions for street furniture, lighting, signage, landscape and hardscape features that create a unified sense of place for the entire park area as defined by Exhibit H, the DRI Master Plan. Common themed materials (color, logo identifiers, landscaping) shall be used to define the park area. Paver pedestrian connections shall be provided across vehicular crossings at Kyoto Gardens and at the intersections of Gardens Parkway and Valencia Gardens, and Gardens Parkway and San Cristobal/Fairchild Gardens. The underpass pedestrian connection shall be enhanced to encourage cross access. The signage program shall be a comprehensive signage program integrating and furthering the intent of the 20-acre park function and purpose. The signage program shall be designed to raise public awareness as to the location and access of the park area to the public. The program shall include appropriate maps, directories, and symbols indicating recreational amenities and directing the public to the location of the accessible park area. \\Uds_server\VOL 1 \COMMONkJobskRegionalCenterDl~27.12\RetailconversionExC.Reso81200 l.revised.022802 LCC35 ) FAIRCHILD GARDENS AVE. GARDENS MALL 8_~o , ’L~J,LLU I_lLI L_Iz /1 LIB L_JI I L_!I I= ,o ~o (.0 0 DE JEB BUSH Governor STATE OF FLORIDA OF COMMUNITY AFFAIRS STEVEN M. SEIBERT Secretary PARTMENT "Dedicated to making Florida a better place to call home" February9,2001 Mr. Steven B. Cramer, AICP Growth Management Director Department of Growth Management 10500 North Military Trail Palm Beach Gardens Florida 33410-4698 Re:The Regional Center DRI (a.k.a. The MacArthur Center DRI) DCA Project File No. ADA-1082-036. Review of Notification of Proposed Change (Parcel 27.12) Dear Mr. Cramer: On August 7, 2000 the Department received a notification of proposed change (NOPC) the Regional Center Development of Regional Impact (DRI), Parcel 27.12, from Ms. Dodi Glas, the authorized agent for Mall Properties, Ltd. In the NOPC the applicant proposed to: modify the Master Development Plan to reconfigure Victoria Gardens Drive (a.k.a. We~ Avenue), an internal roadway, to provide ancl maintain pedestrian connections between developed parcels and the existing water management tract within the DRI; o relocate and redesignate previously approved land uses within the project site, including relocating a two-acre Neighborhood Commercial Center (Parcel 6) and redesignating this site residential land use (Parcel 5). eliminate 6 acres of Community Use/Cultural Arts land use (Parcel 7) and redesignate the acreage residential use (3 acres) to the east and community passive park (3 acres) around the existing water management tract; and 2555 SHUMARD OAK BOULEVARD ¯ TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http://www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE COMMUNI]Y PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT 2796 Overseas Highway, Suite 212 2555 Shumard Oak Bouleva~2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard Maralhon, FI. 33050-2227 Tallahassee, FL 32399-2100 Tallahassee, FI. 32399.2100 Tallahassee, FI_ 32399-2100 (30S) 289-2402 (850) 48ff-2356 (850) 413-9969 (850) 488-7956 Mr. Steven B. Cramer, AICP February 9, 2001 Page 2 establish land use conversion rates/matrix for approved uses (Business-Research, Business-Office, Hotel, and Cultural Arts Center) to allow conversion flexibility at the time of site plan review, as long as the maximum square footage of approved land uses for the overall DRI, as shown on the Map H, is not exceeded; with a proposed maximum of 1,718,888 square feet of Regional Retail land use. The Department reviewed the NOPC and determined that the proposed changes were presumed to a create substantial deviation pursuant to Section 380.06(19)(e)3., F.S., which applicant failed to rebut, by cleat and convincing evidence. Therefore, the Department in its letter dated September 18, 2000 objected to the proposed changes. In response, the applicant has submitted additional information (dated October 13, 2000; December 22, 2000; and January 22, 2001) to address the Department’s concerns. The Department has completed the review of the additional information and has determined that the applicant has rebutted the presumption of a substantial deviation. The Department no longer objects to the proposed changes. If you have any question concerning this matter, please contact me, or Joseph Addae- Mensa, Planner IV, at (850) 487-4545. Sincerely, Roger Wilburn Community Program Administrator Bureau of Local Planning RW/jam CC:James Snyder, DRI Coordinator, Treasure Coast Regional Planning Council Dodi Glas, Urban Design Studio Januar~lS, 2002 Mr. Charles Wu, Director Orowt~ Management Department City of Palm Beach Gardens 10500 North Military Trail PaLm Beach Gardens, Florida 33410 Subject:The Regional Center Development of Regional Impact, Notification of Proposed Change Dear Mr. Wu: In accordance with the requirements of Section 380.06(19), Florida Statutes~ we have reviewed the "Notification of a Proposed Change to a Previously Approved Development 0f Region~hl Impact (DILl)’: (NOPC) ~he Regional Center DRI dated August 2, 2 000. Based on the information provided the applicant proposed to: Relocate the two-acre Neighborhood Commercial Parcel west of the mall and south of th.e Gardens Parkway near the water management area. Designate the former Neighborhood Corrtmer¢ial Parcel as r~sidential. Relocate residential Parcel 4 located south of Gardens Parkway and west of th~ Gardens Mall to the east side of the water management tract and passive pazk currently designated .,as Coramunity Use/Arts (Parc~f 7) and Office/Hotel/Community Use (Parcel 2). Redistribute the acreage of tlae Community Use/Arts of Parcel 7 to Residential on the Ieast,side and Community Open Space around the water management tract. To establish conversion rates for approved uses to be converted into other approved uses at the time of site plan review as long as the maximum of approved uses for the overall DRI is not exceeded. The changes were presumed to be a substantial deviation pursuant to Section 380.06(19)(e~3., Florida Statutes, Council reviewed the information provided by the applicant and had eoncerris with relocation of the two-acre neighborhood commercial tract and the information provided toljustify the land use conversion table. Additional information to justify the conversion table and cofnmitmems from the applicant to locate the neighborhood commercial internally were provided [to address Council’s concerns, Therefore, Council did not object to the proposed change. JAN-I6-2002 10:10 P.03 Mr. Charles Wu January 15, 2002 Page 2.. On November 2’7, 2001, the applicant submitted revisions to those changes reviewed by The revised changes include: ,7.ouncil. retail or1.The establishment of a conversion matrix including residential, office, or hotel to office uses limiting the parcels were retail conversion could occur. 2.Relocate the two-acre Neighborhood Commercial Parcel west of" the mall and sou~h of the Gardens Parkway near the water management area. 3.Designate the former Neighborhood Commercial Parcel as residential. 4.Add a note to permit the final configuration of Victoria Gardens Drive duringI the site planning process. 5.Reconfigure the Community Use/Arts (Parcel 7) as a 1.5-acre parcel of communit~ serving passive open space connected to the water management tract and the remaining 3 aci’es being community serving active open space. 6.Eliminate residential use soath of Gardens Parkway and redesignate the parcel as! region~ Council was concerned with the proposal to eliminate the residential parcel south ofiGardens Parkway and include residential in the conversion matrix. Elimination of the residential co.."mponent south of Gardens Parkway changes the traffic assumptions relied on during review of thd original DRI application. Council suggested that a revised traffic analysis for the Regional Cent~ DR.I be done. On January 2, 2002, the applicant submitted additional revisions to the NOPC to address Council’s concerns. The revision to the proposed changes included eliminating the residential uselfrom the conversion matrix and restoring the residential use soath of Gardens Parkway and west of !the water management tract. Based on these proposed revisions to the NOPC, Council does not object to the proposed change. you have any questions, please call. Ken Metcalf, FDCA Talal Benothman, City of Palm Beach Gardens Margaret Ray Kemper, Ruden - McClosky Dodi Glas, Urban Design Studio THE FORBES COMPANY July 18, 2001 Mayor Joseph R. Russo Vice Mayor Eric Jablin Council Member David Clark Council Member Lauren Furtado Council Member Carl Sabatello City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 100 Gallefla Offlcentre Suite 427, P.O. Box 667 Southfield, Michigan 48037 Telephone (248) 827-4500 Facsimile (248) 827-1379 ¯ ,, ....l.e~’,~’" ,.. -. ........ !....~. ..... ,...: ..... I Via Federal Express] Re: Public Hearing - Resolution 81, 2001 Dear Mayor Russo, Vice Mayor Jablin, and Council Members: As the owner of The Gardens Mall, I am extremely disturbed with the DRI changes proposed in Resolution 81,2001 and strongly concerned with its adoption. We urge that the City Council not approve this resolution for the following reasons: Eliminating the Cultural Center Site is inconsistent with the City’s original vision of a mixed-use project that offers a wide range of activities including shopping, office, residential and cultural/civic opportunities. The Cultural Center Site was an original requirement imposed by the City to fulfill a cultural/civic need within the Regional Center: this need still exists. As the Regional Center matures and becomes more urbanized in character, the "critical mass" for supporting and sustaining a Cultural Center Site will be attained. It would be a disservice to the citizens of Palm Beach Gardens for the City to abandon this use/restriction. Further, the applicant purchased this property with full knowledge of this r-estriction. They apparently assumed that they could convince the City to abandon this requirement. The proposed relocation of residential land use from the west side of Lake Victoria to the east side of the lake is the wrong location for residential and creates an incompatible land use. We believe it is bad planning to locate residences that will be surrounded by commercial uses. This land should be used for office building development The Conversion Matrix should provide only the necessary land use entitlement changes to allow the "Entertainment Center", which should be limited in size since the City has already approved 300,000 +/- square feet of commercial use at Legacy Place. Approval of the Entertainment Center should be conditioned to require a 2,600 +/- seat stadium type theater. If the theater is not included in the initial phase of the Entertainment Center, the City should require reversion to the current approved land uses. July 18, 2001 Page 2 This Entertainment Center should be consistent in quality with that of the Gardens Mall. Further, the Conversion Matrix and Exhibit H should be modified to prohibit the reallocation and conversion of entitlements and land uses to various parcels, other than the Entertainment Center. As proposed, the matrix would also allow the conversion of office and hotel uses into retail. We believe that small retail stores along PGA Boulevard will tarnish its character and is inconsistent with the City’s vision for the PGA Corridor. The proposed La-Z-Boy center and purported Mattress City are good examples of our concerns and we believe indicative of what will result if the Conversion Matrix is approved. This project is not consistent with other buildings in the Regional Center and will impact the quality and character of development on PGA Boulevard. This would be further exacerbated since the Conversion Matrix would allow the proposed Staybridge Hotel and office currently approved for Parcel 27.06 to be converted into an additional 40,100 sq. ft. +/- of retail. Adding this to the currently approved 50,000 sq. ft. of retail for this site allows for over 90,000 sq. ft. of retail uses. The PGA Boulevard frontage should be developed with multi-storied office buildings or hotels as originally contemplated. Finally, concerning the Conversion Matrix, if such changes are necessary they should be reviewed by the Treasure Coast Regional Planning Council and the Department of Community Affairs as part of an NOPC. The Conversion Matrix essentially is a mechanism for avoiding future review and ignoring the expertise of these agencies. For the past sixteen years, we have always shared the vision of the City and respectfully request your denial of Resolution 81, 2001. Sincerely, Forbes/Cohen Florida Properties Sidney Forbes Partner CC:Ron Ferris, City Manager Charles Wu, Director Growth Management H:\WPDOC S\YORK\LE’I-rERS\RES81200.WPD FEB-06-2002 WED 01’09 PM FROM:WARNER ADVISORS FAX:5616940598 LAWRENCE ~. ~URAN~ P.A.;5~1~0~fl~0;F~b-4-02 ~:42PM; PAGE 1 t=ebr~uy 4, 2002 f,~.# l~a~ a~d it~_ul~ Mall Re: C-a~on~ NOPC- Tt~c Stunt Dear C~trles: F:~LEGALVv~ASTER~3BOI\Wu LetterO20402.do¢ 02/12/02 17:22 FAX 5618823703 002 and Associates, Inc. February 12, 2002 Mr. Ken Blair Catalfumo Construction & Development, Inc. 4300 Catalfumo Way Palm Beach Gardens, Florida 33410 ¯ Re:Parcel 27.12 NOPC Regional Center DRI Palm Beach Gardens, Florida 040730000 Dear Mr. Blair: As requested we ate responding to comments or concerns expressed about the Parcel 27.12 NOPC. Concerns have been expressed that the amount of traffic in this quadrant of the DRI will be much greater, that the original DRI did not contemplate the PGA Boulevard interchange and that the original DRI did not address the Kyoto Gardens Drive extension across the FEC Railroad tracks. The original DRI traffic analysis addressed trip generation of the project based upon land use categories and not for individual or specific sites within the DRI property. For example, all of the business office square footage was added together regardless of its potential location on the property. Thus it is difficult to say that the traffic generated by Parcel 27.12 would be greater than that assumed in the original DRI. We are of the opinion that it does not matter since Gardens Parkway, Kyoto Gardens Drive, and Lake Victoria Gardens Drive are all four lane roadways with the capacity to handle over 32,000 vehicles per day. This is well above the traffic projections contained in the original DRI. Clearly the original DRI did not include an interchange of PGA Boulevard at S.R. 811. However, this in an improvement which the City, County, and State have developed, not the developer of the Regional Center. The Regional Center has already completed its obligation for improvements to the PGA Boulevard/S.R. 811 intersection. If the State, County, or City choose to construct a different hnprovement, the Regional Center should not be penalized. Likewise, the original DILl did not anticipate Kyoto Gardens Drive being extended across the FEC Railroad tracks. The extension is a decision made by the City and County as part of the linkages transportation system in Palm Beach Gardens. The Kyoto Gardens Drive extension will provide an alternate route for some traffic which otherwise would be on PGA Boulevard, Here again the 4431 Embarcadero Ddvo Wo~t Pair, E}each, Florida 3,3407 TEL 561 845 0665 FAX 561 863 8175 02/12/02 17:23 FAX 5618823703 003 ¯.. and Associates, Inc. Mr. Kcn Bhfir, Fcbn~ary 12, 2002, Page 2 Regional Center should not be penalized for a subsequent decision of local government. We trust that the above addresses the concerns. If there are any questions, please do not hesitate to call. Very truly yours, K~Y-I;IOR~ A~I~) ASSOf.~ATES, Principal INC. JPB/lena P:’~04117 Y3000~O21202kb,d o c FEB-OG-2002 10=43 N.P.B.C. IMPROVEMENT DIST 561 624 ?839 P.01/01 NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT 357 HIAT’r DRIVIE, PALM BEACH GARI~ENS, FLORIDA ..~341~ ¯ 561-624-7830 - FAX 561--624m78:~--CI February5, 2002 VIA FAX ONLY Kenneth A. Bhir Executive Government Liaison Catalfumo Construction & Development, Inc. 4300 Catalfumo Way Palm Beach Gardens, Florida 33410 Regional Center Water Management Tracts Unit of Development No. 19 De~r Mr. Blair: In response to your inquiry earlier in the week, this letter will serve to confirm that Northern Palm Beach County Improvement District (-Northern) does own the water management tracts at the Regional Center. As a public entity having title to the lands, the lands are open to the public for access. As you represented on the telephone, Northern would not object to the installation of public sidewalks on our lands, assa]mlng that said sidewalks met our construction standards. Additionally, Northern has previously had meeh’ngs with Merfin Development wherein the matter of eonstruetior~ of bulkheads within the Northern property was discussed to accommodate their proposed promermde adjoining the large lake in Basin 1. We have no problem permitthg the proposed improvemer~ts; however, the construction would have to meet our technical standards. Should you have any additional questions, please do not hesitate to contact my Sincerely, ~ //~) Peter L. Pimentel Executive Director PLP/kjm TOTAL P. 01 NARRATIVE OF SUBSTANTIATION OF 20-ACRE PARK AT THE REGIONAL CENTER The original ADA included language referencing a park as an integral part of the Regional Center DRI. Recent questions have arisen relative to the extent and location of the 20-acre park. The purpose of this response is to review that language in the ADA, and assess what it described. Any and all references to the park have been copied and are included in the attachments. PARK LOCATION The referenced park language is from the (revised) September, 1983 Application for Development Approval (ADA), as shown on the attached cover page. The first reference to the park is contained in the second paragraph on Page 12-3 and discusses, in general terms, the character of the park, with the park having: "... a lake, paths, seating and lawn areas. This park is the focal point of a continuous system of open space which permeates the residential neighbourhood north of the site. A network of separate pathways would combine with sidewalks to encourage walking and biking throughout the Center." The next mention of the park is the first paragraph on page 12-4. The first sentence of this paragraph indicates: "At the northern edge of the park, sites have been reserved for high-rise residential or office blocks." Examining the original Exhibit H, we see that the Category 4 is the designation that fits this description. These designations occur on the two parcels immediately north of what is now known as Gardens Parkway. Continuing with the second sentence of the paragraph: "... The entire northern boundary is reserved exclusively for low-rise housing of tow and three stories formed into small clusters and focused inwardly on a park and canal system." Again, referring to the Exhibit H, Category 5 fits this description. It is clear from this paragraph that the extent of the park includes that area that was developed as Mira Flores, and arguably, the LaPosada development as well. Further bolstering this position is construction of a major pedestrian underpass at Gardens Blvd., connecting to the south side of Gardens Blvd. to the Mira Flores development, which itself contains lighted pathways and benches. The park next arises in the last paragraph on page 12-12, not really contributing to defining the subject park’s specific location, but indicating: "Located at the heart of each land use is an important and specially designed open space system. The drainage canal has been reshaped and integrated into a park setting which runs the entire length of the residential area. This linear water focused park will serve as both a recreational amenity and at the same time, a separating feature for the higher intensity uses to the south." The first sentence on page 12-13 is the first to reference a 20-acre park, stating: "A lake at the center of a 20 acre park forms the western edge of the retail core and eastern edge of the office-research area." While it is clear there is no park abutting the western edge of the Category 1 "retail" use, the shown park area does abut the eastern edge of the Category 3 Research / Office use, extending south to PGA Blvd., situated between what is now Grand Bank Center and the 3801 building. The second paragraph response to Question 27-A on page 27-1 again makes reference to the 20 acres indicating: "A park of 20 acres will be provided on the site and be open to the general public. This park is intended to be a central core area park, and will include water and land area for recreational purposes. The park is conceived to be a passive public recreation area. The facility will include pathways, walkways, and jogging trails, benches, landscaping and lighting." This paragraph points up several items including the park area includes water, and is passive in nature. I believe the above references in concert with the original Exhibit H clearly point to the park extending from PGA Blvd. to the south to the park permeating Mira Flores to the north, and arguably into the LaPosda project. PARK AREA Establishing the park area as described by the above, one can next discern the area it encompasses. Since the park area is essentially that owned by NPBCID, ascertaining the acreage under their ownership would yield the answer. Unfortunately, most of the NPBCID land within the Regional Center has been deeded to them by metes and bounds descriptions. The area between Gardens Blvd. and Kyoto Gardens was recently platted, however, and its area amounts to 13.5 acres. Using the attached "Unit of Development No. 19" (NPBCID reference to the Regional Center) Facilities Map as prepared by Mock Roos (NPBCID’s engineers) as a basis, Lidberg Land Surveyors used a plenimeter determine that the subject areas are as follows: Area Mira Flores (tract T-3 on the Facilities Map) South lake (tract T-5 on the Facilities Map) LaPosada (tract T-6 on the Facilities Map) tract area total area1 4.9 acres2 18.4 acres 3.5 acres 21.9 acres 6.5 acres 28.4 acres Using only the western areas (i.e. sans tract T-6), would suffice to confirm and meet that the 20-acre requirement has been met. OTHER PARK ADA ISSUES The final ADA reference to the park is the first paragraph in Answer 27-C on page 27-4 which speaks to ownership and maintenance, stating: "The park will either be donated to the City of Palm Beach Gardens or to a property owners’ association, with maintenance being their responsibility of the organization receiving the donation." Instead of the City or POA, the property that is the park area is comprised of water management tracts under the ownership of Northern Palm Beach County Improvement District (NPBCID), a public entity. Through the payment of assessments the POA essentially maintains the various park areas. In the event that NPBCID’s maintenance is not sufficient, then the POA always has the option of entering into a "high- maintenance" agreement with NPBCID. Additionally, a letter from NPBCID is attached indicating that their lands are open to public access, and that there is the ability to construct sidewalks (i.e. pathways, etc.) on their property. CONCLUSION I believe the above clearly indicates the preponderance of ADA information points to the described park area extending from PGA Blvd. into Mira Flores, at the least. This area encompasses nearly 22 acres of land, in excess of the 20-acres referenced in the ADA. Therefore, the area under consideration and its extent meet the requirements of the ADA. Added to the aforementioned platted lake area. This acreage excludes that area just west of Mira Flores and north of Gardens Blvd. THE APPLICATION FOFI VOLUME I FIEvnsEI::n: ~ TH S~ I;)Ftlll~,,, rt ~,,~ cogilPANY September 1983 High-rise office buildings would be located at ~pecial sites so as not to conflict with demand for prime shopper’s parking. Such office complexes would enjoy their own views of public spaces. At the heart of the Center is proposed a major park with a lake, paths, seating and lawn areas. This park is the focal point of a continuous system of open space which permeates the residential neighborhood north of the site. A network of separate pathways would combine with sidewalks to encourage walking and biking throughout the Center. Two hotels are planned for the Center. One site may be outside the c~re andoverlook the Central Park and benefit from the views of its lake and trees. Another site may be within the core and abut the shopping area and form the edge of an urban square. The total numberof units (rooms) for both hotels will not exceed 600 units. Along the Alt. AIA frontage is a segment of land reserved for corporate headquarter offices, research facilities, banks and other office uses seeking separate identity and less interested in the potential values of the mixed and high intensity ~edestrian core. 12-3 September 1983 At the northern edge of the park, sites have been reserved for high-rise residential or office blocks. The entire northern boundary is reserved exclusively for low-rise housing of tw6 and three’stories formed into small clusters and focused inwardly on a park and canal system. The vehicular road system is designed to connect with the off-site network at selected traffic controlled intersections. Tree lined boulevards with left turn lanes will serve as interior collectors while access to and from the development parcels will be from lesser roads sometimes arranged in alternating one-way pairs. PHASING OF THE CENTER The magnitude of the project requires that the development be phased over a probable period of twenty (20) years. Due to potential fluctuations in market demand, it is impossible to predict precisely those types of land uses which shall be developed at a given time in the developmental process. It is anticipated that developmental activity will be grouped into four phases each phase consisting of approximately five (5) years. However, actual phasing for most of the activities will occur on a continuous basis with many smaller projects occurring in short time frames. 12-4 A lake at the center of a 20 acre park forms the western edge of the retail core and eastern edge of the office-research area. A prime site fronting on this lake is preserved for community use. In addition, an internal bus system is proposed to facilitate internal movement while minimizing private vehicular trips. At the level of detail urbaD design there will be special attention paid to the location of tall buildings to create landmarks and focal points, plazas and squares for pedestrial use, variety in architectural detail and overall concern for the details of the environment. Additional descriptions of design intent preceded this in The General Description under 12-A. 12-13 27.PUBLIC FACILITIES: RECREATION AND OPEN SPACE QUESTION 27-A Describe recreational facilities and open space (includihg acreage) which will be provided on-site. Locate on Exhibit H. Will these areas or facilities be open to the general public. ANSWER 27-A A minimum of 20% of the site (92 acres) will be kept community serving open space (for both active and passive use) and not allocated to development. This percentage meets PCD and water retention requirements. A park of 20 acres will be provided, on the site and be open to the general public. This park is intended to be a central core area park, and will include water and land area for recreational purposes. The park is Conceived to be a passive public recreation area. The facility will include pathways, walkways and jogging trails, "benches, landscaping and lighting. If the park becomes city property, then by definition it is open to the public. Should it be. conveyed to a homeowner’s association, there would be a deed restriction that the park shall be open to the public and this declaration would become part of the legal transfer of the developer to the property owner’s association. 27-i ANSWER 27-B NO, the development will not remove from public access, ¯ lands or waters previously used by residents of the region for hunting, fishing, boating or other recreational uses. Rather, it will add to and open up new and varied recreational, cultural, and social activities to the North County area. QUESTION 27-C Will parks and open space be dedicated to the city or county? If not, who will maintain the facilities? ANSWER 27-C The park will either be donated to the City of Palm Beach Gardens or to a property owners’ association, with maintenance being the responsibility of the organization. receiving the donation. The Regional Center site is part of a growing centralized core of facilities in the PGA-AIA area, which already includes a large site for the Palm Beach Junior College, the North County Courthouse facilities, and proposed business site PUD’s south of PGA Boulevard. It is not yet possible to define what cultural/recreational/educational 27,4 CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: March 7, 2002 Date Prepared: February 13, 2002 SUBJECT/AGENDA ITEM ZON-01-01: Rezoning of the Hungryland Slough Tract Second Reading / Ordinance 8, 2002: A City-initiated request to re-zone 730.3 acres of land from Planned Development Area (PDA) to Conservation (CONS) pursuant to Interlocal Agreement with Palm Beach County. The site is located west of the Bee Line Highway, approximately 3.5 miles north of the intersection of Bee Line Highway with PGA Boulevard. RECOMMENDATION Staff recommends approval of Ordinance 8, 2002. Reviewed by: Principal Planner ~’~ Talal Benothma~ City Attorney ~ Len Rubin L Finance NA Human Res. NA Submitted by: Growth Manag ~t D irecto~,/I ~ ~.~,~ {(. Charles K. Wu, AICP Ap p roved b_~y~_ ~:~.. City M a n a rg~¢:~::~.~-~ Ronald M. Originating Dept.: Growth Management: Project ~ Manager Kara Irwin Advertised: Date: March 1,2002 Paper: PB Post [ ] Not Required Affected parties: IX] Notified [ ] Not Required FINANCE: NA Costs: $ Total Current FY Funding Source: [ ] Operating [X] Other NA Budget Acct.#: NA P&Z Commission Action: [ ] Approved [ ] App. w/conditions [ ] Denied [X] Rec. approval [ ] Rec. app. w/conds. [ ] Rec. Denial [ ] Continued to:__ Attachments: ¯ Ordinance 8, 2002 ¯ Interlocal Agreement ¯ Site Location Map [ ] None City Council Meeting Date: March 7, 2002 Date Prepared: February 13, 2002 Petition ZON-01-01 BACKGROUND: On March 18, 2000, the City of Palm Beach Gardens (City) entered into an Interlocal Agreement with Palm Beach County (County) regarding the County’s acquisition environmentally sensitive lands within the boundaries of the City. On March 12, 1991, the voters of Palm Beach County approved a $100 million bond referendum for the acquisition of environmentally sensitive lands, with which the County acquired the Hungryland Slough tract (a portion of the historic Loxahatchee Slough) located within the City of Palm Beach Gardens. The tract was designated as a high-priority site to be acquired in order to preserve the site and its associated biological communities in their natural state for future generations, as an example of an intact native Florida ecosystem. The Interlocal Agreement established management responsibilities for the Hungryland Slough as well as general requirements to allow for the most efficient use of each entity’s power to enable the most efficient administration of the tract. Per the Interlocal Agreement, the City is required to review its zoning ordinances and comprehensive plan and take the necessary steps to re-zone the Hungryland Slough tract from Planned Development Area (PDA) to Conservation (CONS). Given the intended of the tract as a natural area and the Future Land Use Map designation of Conservation (CONS), the City has initiated this petition to re-zone the tract from Planned Development Area (PDA) to Conservation (CONS). LAND USE AND ZONING: The future land-use designation of the subject site, as reflected on the City’s Future Land Use Map, is Conservation (CONS). The current zoning classification of the site is Planned Development Area (PDA). The City is proposing a rezoning from PDA to Conservation (CONS) Zoning District. SITE DETAILS Site The Hungryland Slough tract shall be managed only for the conservation, protection and enhancement of natural and historic resources, and for the passive, natural resource- based public outdoor recreation that is compatible with the conservation, protection and enhancement of the tract. The City and/or County may make and maintain physical improvements to the property, such as fencing, a parking area, and hiking trails, only as appropriate for passive resource-based uses and as provided for in the approved natural area management plan. 2 City Council Meeting Date: March 7, 2002 Date Prepared: February 13, 2002 Petition ZON-01-01 Access The facilities shall be developed in a manner that allows the general public reasonable access for observation and appreciation of the natural resources and without generating negative impacts on those resources. PLANNING & ZONING COMMISSION RECOMMENDATION On January 8, 2002, the Planning and Zoning Commission held an advertised public hearing to discuss the petition. The Commission recommended approval of the petition with a vote of 5-0. STAFF RECOMMENDATION: Staff recommends approval of petition ZON-01-01 since the rezoning is compatible with the current land-use designation, the surrounding area, and consistent with the Interlocal Agreement signed by the City and Palm Beach County regarding the preservation and protection of environmental resources on this site. CITY COUNCIL On February 7, 2002, the City Council approved Ordinance 8, 2002, on First Reading. 3 Date Prepared: February 13, 2002 ORDINANCE 8, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, REZONING APPROXIMATELY 730.3 ACRES OF LAND KNOWN AS "HUNGRYLAND SLOUGH" AND LOCATED ON THE WEST SIDE OF BEE LINE HIGHWAY, APPROXIMATELY 3.5 MILES NORTH OF THE INTERSECTION OF PGA BOULEVARD, AS DESCRIBED HEREIN, FROM PLANNED DEVELOPMENT AREA (PDA) TO CONSERVATION (CONS); AMENDING THE OFFICIAL CITY ZONING MAP; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Hungryland Slough tract located in the City of Palm Beach Gardens (City) was designated as one of the high-priority sites to be acquired by Palm Beach County (County) with funds from the $100 million bond referendum approved by the voters for the acquisition of environmentally sensitive lands; and WHEREAS, the City and the County deemed that it was in the best interest of the residents and citizens of Palm Beach County and the City of Palm Beach Gardens to acquire the Hungryland Slough tract, in order to preserve the site and its associated biological communities in their natural state for future generations, as an example of intact native Florida ecosystems; and WHEREAS, on May 18, 2000, the City and County adopted an Interlocal Agreement to establish management responsibilities for the subject site; and WHEREAS, the City agreed to review its zoning ordinances and comprehensive plan and take the necessary action to rezone the Hungryland Slough tract from Planned Development Area (PDA) to Conservation (CONS); WHEREAS, the City of Palm Beach Gardens initiated Petition ZON-01-01 to re-zone approximately 730.3 acres of land on the west side of Bee Line Highway, approximately 3.5 miles north of the intersection of PGA Boulevard, as more particularly described in Exhibit "A" attached hereto, from Planned Development Area (PDA) to Conservation Zoning District (CONS); WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the proposed rezoning is consistent with the City’s Future Land Use Map, which designates the subject property as Conservation; and WHEREAS, the Growth Management Department has recommended approval of this application; and WHEREAS, the on January 8, 2002, the Planning and Zoning Commission recommended approval of this application. WHEREAS, the City Council of the City of Palm Beach Gardens determines that the re- Ordinance 8, 2002 Date Prepared: February 13, 2002 zoning is in the best interests of the residents and citizens of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The foregoing "Whereas" clauses are hereby ratified as true and confirmed and are incorporated herein. Section 2. The City Council hereby approves the rezoning application and directs the Growth Management Director to amend the Official Zoning Map of the City of Palm Beach Gardens, Florida, to reflect this rezoning. Section 3. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 4. If any section, paragraph, sentence, clause, phrase, or word of this ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not effect the remainder of this ordinance. Section 5. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THE 7th DAY OF FEBRUARY 2002. PLACED ON SECOND READING THIS DAY OF 2002. PASSED AND ADOPTED THIS DAY OF 2002. SIGNED: MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN COUNCILMAN CARL SABATELLO COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK ATTEST BY: APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CAROL GOLD CITY CLERK CITY ATTORNEY Ordinance 8, 2002 Date Prepared: February 13, 2002 VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO AYE NAY ABSENT Ordinance 8, 2002 Date Prepared: February 13, 2002 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1= ALL OF THE EAST I/2 OF SECTION 29, TOWNSHIP 41 SOUTH, RANGE 41 EAST, PALM BEACH COUNT~’~ FLORIDA, LYING SOUTH AND WEST OF THE SEABOARD AIRLINE RAILROAD RIGHT-OF-WAY PARCEL 2= ALL OF THE EAST 1~2 OF SECTION 32, TOWNSHIP 41 SOUTH RANGE 41 EAST, PALM BEACH COUNTY, FLORIDA, LYING NORTHERLY AND WESTERLY OF THE CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DISTRICT CANAL C-18o PARCEL 3= ALL OF SECTI~ON28, TOWNSHIP 41 SOUTH, RANGE 41 EAST, PALM BEACH COUNTY, FLORIDA, LYING -NORTHERLY.AND"WESTERLY"OF..CENTRAL.~NDSOUTHERN FLORIDA FLOOD CONTROL DISTRICT CANAL C-18o AND SOUTHERLY AND WESTERLY OF THE SEABOARD AIR LINE RAILROAD RIGHT-OF-WAY. PARCEL 4= ALL OF.SECTION 33, TOWNSHIP 41 SOUTH, RANGE 41.EAST, PALM BEACH COUNTY4 FLORIDA, LYING NORTHERLY ANO WESTERLY OF THE CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DiSTRiCT CANAL C-18. LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY: A PARCEL OF LAND IN SECTION29, TOWNSHIP 41.SOUTH, RANGE 41 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS’t COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 29, RUN THENCE N 8-1°59120" W, ALONG THE NORTH LINE OF SAID SECTION, A OISTANCE OF 2316.05 FEET TO A POINT IN THE SOUTHERLY RIGHT-OF’WAY LINE.OF THE SEABOARD COASTLINE RAILROAO! THENCE RUN S 49°4TI52~ E, ALONG SAID SOUTH RIGHT-OF-WAY LINE 541,65 FEET TO THE POINT OF BEGINNING= CONTINUE THEN S ~9°47’32" E, ALONG SAID SOUTH RIGHT-OF-WAY LINE OF SEABOARD COAST LiNE RAILROAD A DISTANCE OF 146.00 FEETI THENCE S 54"58~24" W, 473,64 FEETI THENCE N 35"01’36" W, 585,.28 FEET= THENCE S 79°31~47" E, 622.63 FEET TO THE POINT OF BEGINNING. THIS AGKEEMENT. made and entered into on lids ~/~ ~ day of ,:"~’~’f~. and bet ween the City of Pal,. B~ch Gardens, a Florid, mu~e~pal’~rpora~o~e "City"),’a~" Beach County, Florida, a political subdivision of the State of Bodd& 6he "County"). WITNESSETH: WHEREAS, on March 12, ! 991, the voters of Palm Beach County approved a $I 00 million bond referendum for the acquisition of environmentally sensitive lands; and WHEREAS, the Hungryland Slough tract (a portion of’the historic Loxahatch~ Slough) the City of Palm Beach Gardens was designated as one of the high-priority sites to be acquired with lbnds from this bond referendum; and WHEREAS, both the City and the County have deemed that it is in the best interest of the residents and citizens of" Palm Beach County and the City of Palm Bead~ Gardens to acquire the Hungryland Slough tract, in order to preserve the site and its associated biological communities in their natural state for future generations as examples of intact native Florida ecosystems; and WHEREAS’, the Board of County Commissioners has submitted a grant application to the Florida Communities Trust (FCT) for state matching funds to acquire the Hungryland Slough tract; and WHEREAS, the County, as the FCT Recipient, has signed a Conceptual Approval Agreement with FCT for the receipt of these funds; and WHEREAS, the City and the County wish to establish management responsibilities for the Hungryland Slough tra~q and WHEREAS, the execution of this agreement is in the best interest of both governmental units and the residents and citizens of same; and WHEREAS, the Florida lnterl0cal Cooperation Act of 1969 (Section 163.01, Florida Statutes) allows governmental units to enter into intergovernmental agreements to make the most efficient use of their powers by enabling them to cooperate with each other on a basis of mutual advantage. NOW, TltEREFORE, in consideration of the mutual covenants, agreements aqd restrictions set forth herein, the parties to this agreement agree as follows: ARTICLE I - IN GENERAL 1. The County and City agree that the County has acquired and will manage, in cooperation with the City, certain real property located within the corporate limits of the City of palm Beach Gardens, Florida, known as the "Hung~land Slough tract of the Bee Line Corridor Natural Area", which real property is more particularly described in Exhibit A attached hereto and made a par’, hereof- (the "Hungryland Slough tract"). 2. The County and City agree that the County has acquired the Hungryland Slough tract and numerous smaller tracts in Unit ! 1, and that these properties are now known collectivdy as the Bee Line Corridor Natural Area (the "Natural Area"). 3. The County and City acknowledge that the County is pursuing the acquisition of additional tracts of land south of" the Bee Line Highway in order to provide a wildlife corridor which, when completed, will connect the J. W. Corbett Wildlife Management Area and the West Palm Beach Water Catchment Area, and that any ofthese lands, or portions of these lands, acquired by the County will be added to the Bee Line Corridor Natural Area. 561~3325~ P.03/08 4. The City and County agree that, in the event that additional properties within the corporate limits of the City are purchased or leased.by the County for inclusion in the Bee Line Corridor Natural Area, all provisions of this tnterlocal Agreement pertaining to the Hungryland Slough tract shall also apply to those properties. 5. The management.ofthe Hung~land Slough tract by the County, with assistance from the City, shall preserve the biological communities on the Hungryland Slough tra~t Jn their natural states as examples ofldl~h quality wetland and pine flatwood ecosystems in Palm Beach County. It is the intent of the parties that the Hungryland Slough tract shall be managed solely as a nature preserve, to provide certain scientific and educational benefits, and to provide passive recreational opportunities for residents and citizens of the City and the County. The Hung~),land Slough tract shall be kept in its natural state, such that present and f~ture generations will be able to experience the natural values current[y e~hibited on the property, acts of’God or other events beyond the control of the City and the County notwithstanding. 6. The parties hereto agree to review their respective zoning ordinances and comprehensive plans and to take steps to designate the Hungryland Slough tract appropriately in the fi~ture~ given its intended use as a natural area. The future land use designation assigned to the Hung~yland Slough tract shall be conservation. Ifan amendment to the City’s or County’s comprehensive land use plan or zoning ordinance is required, the amendment shall be proposed at the next available comprehensive plan or zoning amendment cycle. In the event that a comprehensive land use plan or zoning ordinance amendment is required of one party, a copy of the approved amendment shall be submitted to the other party within thirty (30) days of the approval of the amendment by the appropriate governing entity. 7. The Hungryland Slough tract shall be managed only for the conservatiot4 protex~tion and enhancement of natural and historical resources, and for passive, natural resource-based public outdoor recreation that is compatible with the conservation, protection and enhancement of the tract. The parties may make and maintain physical improvements to the property, such as fencing, a parking area and hiking trails, only as appropriate for passive resource-based uses and as provided for in an approved natural area management plan. The facilities shall be developed in a manner that allows the general public reasonable access for observation and appreciation of the significant natural resources on the l’lungryland Slough tract without causing harm to those resources. The County shall include the Hungryland Slough tract in the regional greenway network that extends from the J. W. Corbett Wildlife Management Area to the Lo×ahatchee Slough Natural Area and the West Palm Beach Water Catchment Area. 8. The Hungryland Slough tract shall be open to the public. The locations of public access points and any restrictions on access will be described in the management plan. 9. The parties shall use their best efforts, through their agents and employees, to prevent the unauthorized use of the Hungryland Slough tract or any use not compatible with the management of the site as a natural area or nature preserve. 10. In the acquisition, management, and maintenance of the subject property, each party shall be liable for its own actions and negligence. 11. The title to the Hungryland Slough tract shall be held by the County. 12. This lnterlocal Agreement shall be recorded in the Public Records of Palm Beach County, Florida, in accordance with applicable law. 13. This lnterloeal Agreement shall be deemed to be the sob agreement between the parties, and no prior agreements or other writings shall supersede that which is contained in this Interlocal Agreement. 14. For the purposes of this lntedocai Agreement, notices to the other party shall be deemed sufficient when addressed to the following address and deposited in the United States Mail: 11:~?PBC EHU RES MGMT ADM 561~33~522 P.84/ID8 City of Palm Beach Gardens Office of the City Manager 10500 North Military Trail Palm Beach Gardens, Florida 33410-4698 Palm Beach County Department of Enviromnental Resources Management 3323 Belvedere Road, Bldg. 502 West Palm Beach, Florida 33406-1548 ARTICLE 11 - JOINT PJ~SPONSIBILITIES 15. The County, in cooperation with the City, shall manage the Hungrylend Slough tract for habitat preservation and passive recreation, keeping the property in its natural state except for the maintenance offences, firebreaks, hiking trails and other management activities appropriate for a nature preserve. Management activities will initially consist ofremoval oftrash and invasive vegetation from the site. Long-term management of this site will require controlling invasive vegetation, monitoring listed plant and animal species and prescribed burning. Subject to annual appropriations by the County’s Board of County Commissioners and the City of Palm Beach Gardens, personnel time and expertise for ongoing, site-specific management ofthis site will be providcd by both parties. A detailed division of responsibilities for t.he management of this site will be provided in the management plan. The parties shall apply for any funds available from the State for management purposes, and will minimize management costs through the involvement of volunteers. 16. The parties shall prepare, separately or jointly, brochures and other educational material describing the natural resources, uses, and joint management of the property. Any material prepared by one party shall be submitted to the other party for its prior review and approval. Approval shall not be unreasonably withheld. The cost cluny jointly-prepared nmtcrials shall be shared equally by the parties. The costs cluny material prepared individually shall b0 solely that party’s responsibility. Both parties shall encourage students, residents and visitors to use the Hungryland Slough tract for educational and passive recreational purposes. i 7. The Hungryland Slough tract will be identified as being publicly-owned and operated as a passive, natural resource-based public outdoor recreational site in all signs, literature and advertising. ARTICLE 111 - RESPONSIBILITLES OF THE COUNTY I8. The County agrees to comply with all requirements of FCT for provision to the County of the State’s share of fifty percent (50%) of the acquisition costs. 19. The County agrees to erect a sign or monument identifying the Hungryland Slough tract as being open to the public, as having been purchased with funds from the State and the County, and as being managed by the County, with the cooperation of the City. 20. The County agrees to plan and pay for physical improvements to the site that would encourage public use of the site as a nature preserve. These improvements would be subject to approval by FCT and budget approval by the Board of County Commissioners. These fab-ilities may include, but not be limited to, hiking and interpretive trails, an educational display (kiosk) a~d parking facilities. The County shall use its best effort to plan and construct these facilities, taking into consideration primarily the sensitivity and nbeds of the biological communities and secondarily the intended research, educational and recreational uses of the property. The County shall be responsible for the upkeep of all trails, kiosks and parking areas (if any) constructed on the property. 21. The County agrees to secure the Hungwland Slough tract with fencing, gates and signage to discourage unauthorized activities, such as the dumping of trash and off-road vehicle usage, while permitting public access to the tract for passive recreational activities, environmental education and scientific research. The County shall be responsible for the upkeep ofthese fences, gates and signs. 11:58 PBC EHU RES MC-MT ADM 5612332522 P.05/~3 22. The County shall develop a management plan and a controlled burn plan for the Hungryland Slough tract, in consultation with the City. The management plan will be subject to approval by FCT and the Board of County Commissioners. 23. The management plan will contain a mechanism for the City and the County to determine jointly the future oC the nature preserve, should any unforeseen events or activities, either natural or man-made, severely limit or eliminate the natural values presently on the property. 24. Management of all natural areas acquired by the County will be coordinated on a county- wide basis to protect ecosystems and populations of listed species tkroughout the County. 25. The County agrees to identify a County employee as a contact person to interact with the City in planning for and managing the Hungryland Slough tract. 26. The County agrees to identify a County employee as the public contact person to coordinate group usage and research on the Hungryland Slough tract and to answer public inquiries about the site. ARTICLE IV - RESPONSIBILITIES OF THE CITY 27. The City agrees to assume primary responsibility for public safety and law enforcement at the Hungryland Slough tract. This includes routine police patrols of the boundaries, to help prevent vandalism, vehicular trespass, dumping, and damage to property and natural resources. 28. The City agrees to provide weekly garbage pick-up (if trash receptacles are placed on the Hungryland Slough tract) and will assume responsibility for the daily opening and closing of any gates providing public access to the Hungryla~d Slough tract. This responsibility may be delegated to a local resident or stewardship group if approved by both the County and the City. 29. During volunteer activities, the City agrees to assist the County in the long-term management of the site, including removal of exotic vegetation, trash and debris collected. The City also agrees to assist the County with periodic prescribed burns. 30. The City agrees to review the proposed management plan and to provide cormnents to the County on that document. The City agrees to expeditiously review any engineering design plans which cover the Hungryland Slough tract and require approval by the City. The City further agrees to waive any municipal fees, assessments, or permits applicable to the Hungryland Slough tract due to the construction, use or maintenance of public facilities. 31. The City agrees that in reviewing any proposed changes to, uses of~ or activities on, real property immediately adjacent to the Natural Area, it shall consider the protection ofthe biological conununities on the Natural Area and the potential for adverse impacts to the .species present. 32. The City agrees to identify a City employee as the contact person to interact with the County in planning for and managing the Hungryland Slough tract. 33. The City will encourage students, residents and visitors to use the site for educational and recreational purposes. (The remainder of this page intentionally lef~ blank) WHEKEFOR£, the parties hereto have set their hands and seals on the day set forth next to their signatures. ATTEST:PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS Dorothy H. Wilken, Clerk Deputy Clerk .- %~ ¥ c~o,,_DATE Jilt 1 I ~"~:~:,~ C.,."II ...........,:_’~’2~, DATE: (SEAL)~ ~ cout’~~--~ ~,~z.......~~sow~ m zo vo~ LEGAL S~FICIENCY: ..... R2000 0982. Chair IUL t ! tO~ Assi.~tant DATE: ATTEST: BY: Clerk~ DATE: ¢~9~-¢*’ -0-0 (SEAL) CITY OF PALM BEACH GARDENS, FLORIDA, BY ITS COUNCIL DATE(’, APPROVED AS TO FORM AND LEGAL SUFFICIENCY: City Attorney DATE: 0 >. CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: March 7, 2002 Date Prepared: February 13, 2002 SUBJECT/AGENDA ITEM TXT-01-08--Floodplain Management Ordinance Second Reading / Ordinance 1, 2002: A City-initiated request to enact a flood damage prevention plan that conforms with the National Flood Insurance Act of 1986, as amended, and to adopt floodplain management regulations that meet the standards of the National Flood Insurance Program, which include the repeal of Ordinance 4, 1987 and existing regulations; the revision of Section 78-523, "Design Storm"; and the provision of a new Subdivision VI in Division 9 of Article V of Chapter 78 of the City Code of Ordinances entitled "Floodplain Regulations." RECOMMENDATION Staff recommends approval of Ordinance 1,2002. Reviewed by: Principal Planner Talal Benothm~ City Attorney I Leonard (3. R~.~_ Finance NA Human Res. NA Submi~e~ by: Gro a m DirecWt~r~ Charle~K. Wu, AICP Approved by~ City Manage~lL_~( Ronald M. Fern, s Originating Dept.: Growth Management: Project ~Manager Kara Irwin Advertised: Date: Paper: Palm Beach Post ~[X ] Not Required Affected parties: [ ] Notified [ X] Not Required FINANCE: NA Costs: $ Total $ Current FY Funding Source: [ ] Operating [X] Other NA Budget Acct.#: NA P&Z Commission Action: [ ] Approved [ ] App. w/conditions [ ] Denied [X] Rec. approval [ ] Rec. app. w/conds. [ ] Rec. Denial [ ] Continued to:__ Attach ments: ¯ Ordinance 1,2002 [ ] None City Council Meeting Date: March 7, 2002 Date Prepared: February 13, 2002 Petition TXT-01-08 INTRODUCTION In 1968, Congress created the National Flood Insurance Program (NFIP)in response to the rising cost of taxpayer funded disaster relief for flood victims and the increasing amount of damage caused by floods. The NFIP makes Federally backed flood insurance available in communities that agree to adopt and enforce floodplain management ordinances to reduce future flood damage. The National Flood Insurance Program’s (NFIP)Community Rating System (CRS)was implemented in 1990 as a program for recognizing and encouraging community floodplain management activities that exceed the minimum NFIP standards. The National Flood Insurance Reform Act of 1994 codified the CRS in the NFIP. Under the CRS, flood insurance premium rates are adjusted to reflect the reduced flood risk resulting from community activities that meet the three goals of the CRS: (1) reduce flood losses; (2) facilitate accurate insurance rating; and (3) promote the awareness of flood insurance. There are ten CRS classes: class 1 requires the most credit points and gives the largest premium reduction; class 10 receives no premium reduction. The CRS recognizes eighteen (18) different activities organized under four categories: Public Information, Mapping and Regulations, Flood Damage Reduction, and Flood Preparedness. There are now over 900 communities receiving flood insurance premium discounts based on their implementation of local mitigation, outreach, and educational activities that go well beyond minimum NFIP requirements. While premium discounts are one of the benefits of participation in CRS, it is more important that these communities are carrying out activities that save lives and reduce property damage. Currently, the City of Palm Beach Gardens is not a participating member of the National Flood Insurance Program’s Community Rating System Program. BACKGROUND On July 18, 2001, the City participated in a Community Assistance Visit (CAV) with the regulating agencies, Federal Emergency Management Agency (FEMA) and the Florida Department Community Affairs (DCA). In order to be eligible to submit an application, the City is required revise the Floodplain Ordinance and Land Development Regulations to meet the current National Flood Insurance Regulations. Once the City adopts the Floodplain Ordinance, the Federal Emergency Management Agency and the Department of Community Affairs will support the City’s application for the NFIP Community Rating System Program. FLOODPLAIN ORDINANCE In 1987, the City adopted the Floodplain Management Ordinance (Ordinance 4, 1987), which among other things set a 1.5’ freeboard requirement to meet the National Flood Insurance regulations. A freeboard is an additional amount of height to the Base Flood Elevation (BFE) for the finished floor to provide a factor of safety. However, due to various concerns raised by developers and 2 City Council Meeting Date: March 7, 2002 Date Prepared: February 13, 2002 Petition TXT-01-08 homeowners at the time, the City has been enforcing the South Florida Water Management District finished floor elevation requirement and the FEMA Flood Insurance Rate Map Base Flood Elevation (BFE), whichever is greater. Among other problems, it appears that the 1.5’ freeboard requirement created a hardship on the ability for development to preserve open space, which is an important policy in Palm Beach Gardens. The City has currently been enforcing the criteria set forth in the Land Development Regulations Section 78-523, "Design Storm," which requires all finished floor elevations to meet the 100 year flood elevation per the FEMA Flood Insurance Rate Map or the 100 year / 3 day, assuming zero discharge, enforced by the South Florida Water Management District, whichever is greater. These regulations were adopted on July 20, 2000, by Ordinance 17, 2000, which repealed any previously adopted ordinance provisions that were in conflict. Although the Floodplain Management Ordinance (Ordinance 4, 1987) remains in effect, the adopted Land Development Regulations supercede the freeboard requirements. A revised ordinance has been drafted to meet the current National Flood Insurance Program regulations and will include a revised freeboard of no lower than one-half foot above the base flood elevation or the South Florida Water Management District zero discharge finished floor, whichever is greater. The ordinance is now consistent with South Florida Water Management District Regulations, which prevents flooding during the 100-year storm, assuming there is no outlet for discharge from the site. EFFECTS OF THE FLOODPLAIN MANAGEMENT ORDINANCE Freeboard The revised Floodplain Ordinance will repeal the previously adopted Floodplain Ordinance (Ordinance 4, 1987), which set strict standards on the finished floor elevations for development within the floodplain. After adoption of the revised ordinance, a revised freeboard will be enforced of no lower than one-half foot above the base flood elevation or the South Florida Water Management District zero discharge finished floor, whichever is greater. The revised freeboard is less restrictive than the one set by the previously adopted ordinance, but more restrictive that the current Land Development Regulations finished floor requirement. During the past 15 years, all development within the Special Flood Hazard Area has met or exceeded the one-half foot freeboard by following the 100 year/3 day, assuming zero discharge, enforced by the South Florida Water Management District. Elevation Certificates The Building Division currently requires all development to provide elevation certificates from an engineer or surveyor prior to issuance of a Certificate of Occupancy. The revised ordinance requires an elevation certificate only from development within the Special Flood Hazard Areas (SFHA). Discount on Flood Insurance Communities that participate in the Community Rating System are able to obtain premium discounts ranging from 5 percent to a maximum of 45 percent which will be applied to every policy written in a community as recognition of the floodplain management activities instituted. 3 City Council Meeting Date: March 7, 2002 Date Prepared: February 13, 2002 Petition TXT-01-08 Review by FEMA and State DCA The proposed ordinance is based on the boilerplate format generated by FEMA, which meets the basic requirements for acceptance into the National Flood Insurance Program. The proposed ordinance has been reviewed and given preliminary approval by Rose Austin, FEMA Region IV Coordinator, and Charles Speights, State DCA Flood Insurance Program Planning Manager, who conducted the Community Assistance Visit. COMMENTS FROM THE DEVELOPMENT COMMUNITY Late last year, staff forwarded a copy of the proposed ordinance and a letter requesting feedback to forty plus developers, consultants, and various development agents. The letter explained the procedure for adoption and gave 30 days to review and comment. This time period expires on January 31,2002. Currently, staff has not received any negative feedback. PLANNING & ZONING COMMISSION WORKSHOP On January 8, 2002, the Planning & Zoning Commission held a workshop to review the proposed floodplain management ordinance, Ordinance 1,2002. The Commission discussed the effects of the ordinance as well as the benefits to the City. On January 22, 2002, the Planning & Zoning Commission recommended approval of Ordinance 1, 2002, with a vote of 6-0. CITY COUNCIL On February 7, 2002, the City Council approved Ordinance 1,2002, on First Reading. 4 Meeting Date: March 7, 2002 ORDINANCE 1, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE ENACTMENT OF A FLOOD DAMAGE PREVENTION PLAN TO CONFORM TO THE NATIONAL FLOOD INSURANCE ACT OF 1986, AS AMENDED, AND THE ADOPTION OF FLOODPLAIN MANAGEMENT REGULATIONS THAT MEET THE STANDARDS OF THE NATIONAL FLOOD INSURANCE PROGRAM; PROVIDING FOR REPEAL OF ORDINANCE 4, 1987 AND EXISTING REGULATIONS; PROVIDING FOR THE REVISION OF SECTION 78-523, "DESIGN STORM"; PROVIDING FOR A NEW SUBDIVISION VI OF DIVISION 9 OF ARTICLE V OF CHAPTER 78 OF THE CITY CODE OF ORDINANCES ENTITLED "FLOODPLAIN REGULATIONS," PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Article VIII, Section 2 of the Florida Constitution and Chapter 166, Florida Statutes ("Municipal Home Rule Powers Act"), the City has the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, the City Council finds that: (1) the flood hazard areas of the City Palm Beach Gardens are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and government services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public safety and general welfare; and (2) these flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, flood proofed, or otherwise unprotected from flood damages; and WHEREAS, the City Council hereby determines that the adoption of revised and comprehensive floodplain management regulations is 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 "Whereas" clauses are hereby ratified as true and confirmed and are incorporated herein. Meeting Date: March 7, 2002 Ordinance 1,2002 SECTION 2: The City Council hereby repeals Ordinance 4, 1987 in its entirety. SECTION 3: The City Council hereby amends section 78-523, "Design Storm," of Subdivision V, "Drainage and Stormwater Management," of Article, V, "Supplementary District Regulations," of Chapter 78, "Land Development," of the City’s Code of Ordinances to read as follows: Sec. 78-523. Design storm. (a) Design storm frequency. The design storm frequency for structures and facilities in a subdivision are established in Table 43. Table 43: Design Storm Frequency for Structures Facility Finish floors Bridges Canals, Ditches or Culverts Roadway, Non-local Roadways, Local City Collector Parking Lots Design Storm 100-year/3-day assuming zero discharge and 100-year flood elevation per FEMA flood insurance rate maps. 50-year/3-day 25-year/3-day event _>10 acres 25-year/I-day event ~ 10 acres if granted a permit exception from SFWMD 4g-year,-day 25-year/1-day event or Palm Beach County/FDOT requirements, where applicableo=..... i~ ,~ ........ * 10-yeadl-day event or Palm Beach Count¥/FDOT requirements, where applicable. ~ 25-year/I-day event 5-year/I-day SECTION 4: The City Council hereby repeals subsection VI, "Floodplains," of Division 9, "Subdivisions," of Article V, "Supplementary District Regulations," of Chapter 78, 2 Meeting Date: March 7, 2002 Ordinance 1,2002 "Land Development," of the City’s Code of Ordinances in its entirety and substitutes the following in its place: Chapter 78 LAND DEVELOPMENT Article V. Supplementary District Regulations Division 9. Subdivisions Subdivision Vl. Floodplain Requlations Sec. 78-531. Purpose, objectives and methods. (a) Statement of Purpose. It is the purpose of this division to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions desiqned to: (1)Restrict or prohibit uses which are danqerous to health, safety and property due to water or erosion hazards, which result in damaqin_~ increases in erosion or in flood heights or velocities; (2)Require that uses vulnerable to floods, including facilities which serve such uses, be protected aqainst flood damaqe at the time of initial construction; (3)Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; (4)Control fillinq, grading, dredging and other development which may increase erosion or flood damage; and 3 (5) Meeting Date: March 7, 2002 Ordinance 1, 2002 Prevent or requlate the construction of flood barriers which will (b) unnaturally divert floodwaters or which may increase flood hazards to other lands. Obiecfives. The objectives of this division are: (1) (2) (3) To protect human life and health; To minimize the expenditure of public money for costly flood control projects; To minimize the need for rescue and relief efforts associated (4) (5) (6) with floodin.q and generally undertaken at the expense of the general public; To minimize prolon.qed business interruptions: To minimize dama.qe to public facilities and utilities such as water and .qas mains, electric and telephone and sewer lines, streets and bridqes located in floodplains; To help maintain a stable tax base by providin.q for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas; and (7)To ensure that potential homebuyers are notified that property is in a flood area. (c) Methods. In order to accomplish its purposes, this division includes methods and provisions for: (1)Restrictin.q or prohibitin.q uses which are danqerous to health, safety, and property due to water or erosion hazards, or which result in dama.qing increases in erosion or in flood heiqhts or velocities; (2)Requiring that uses vulnerable to floods, includin.q facilities which serve such uses, be protected aqainst flood damaqe at the time of initial construction; 4 Meeting Date: March 7, 2002 Ordinance 1, 2002 (3)Controllinq the alteration of natural floodplains, stream channels, and natural protective barriers which help accommodate or channel flood waters; (4)Controllinq fillin.q, .qradin.q, dred.qin.q and other development which may increase flood damaqe; and (5)Preventinq or regulating the construction of flood barriers that will unnaturally divert flood waters or may increase flood hazards in other areas. Sec. 78-532. Definitions. The followinq words, terms, and phrases, when used in this division, shall have the meaninqs ascribed herein, except where the context clearly indicates a different meaninq: Appeal means a request for a review of the floodplain administrator’s interpretation of any provision of this division or a request for a variance. Area of shallow floodinq means a desiqnated AO or AH Zone on the community’s Flood Insurance Rate Map (FIRM)with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of floodinq is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by pondin.q or sheet flow. Area of special flood hazard is the land in the floodplain within a community subject to a one- percent or greater chance of flooding in any given year. ~ Base flood means the flood havinq a one percent chance of beinq equaled or exceeded in any given year (also called the "100-year flood"). Base flood is the term used throuqhout this division. Basement means that portion of a building having its floor sub-qrade (below ground level) on all sides. Buildinq see Structure. Critical facility means a facility for which even a sliqht chance of flooding might be too great. Critical facilities include, but are not limited to 5 Meeting Date: March 7, 2002 Ordinance 1, 2002 schools, nursing homes, hospitals, police, fire and emergency response installations, installations which produce, use or store hazardous materials or hazardous waste. Development means any man-made chanqe to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dred.qin.q, filling, _qradin_q, paving, excavating, drilling operations, or permanent storage of materials or equipment. Elevated buildinq means a non-basement building built to have the lowest floor elevated above the qround level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shearwalls, or breakaway walls. Existing Construction means any structure for which the "start of construction" commenced prior to the effective date of this division. Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicinq the lots on which the manufactured homes are to be affixed (includinq at a minimum the installation of utilities, the construction of streets, and either final site .qrading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by the city. Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicinq the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Flood or floodinq means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1)The overflow of inland or tidal waters; (2)The unusual and rapid accumulation or runoff of surface which waters from any source. Flood Boundary and Floodway Map (FBFM) means the official map on the Federal Emergency Management A.qency (FEMA) or Federal 6 Meeting Date: March 7, 2002 Ordinance 1, 2002 Insurance Administration (FIA) has delineated the areas of flood hazards and regulatory floodway. Flood Hazard Boundary Map (FHBM) means an official map of a community, issued by FEMA, where the boundaries of the areas of special flood hazard have been identified as Zone A. Flood Insurance Rate Map (FIRM) means an official map of a community, on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. Flood Insurance Study (FIS.) is the official hydraulic & hydrologic report provided by FEMA. The report contains flood profiles, as well as the FIRM, FHBM (where applicable) and the water surface elevation of the base flood. Floodplain means any land area susceptible to floodinq. Floodplain management means the operation of an overall program of corrective and preventive measures for reducinq flood damaqe and preserving and enhancinq, where possible, natural resources in the floodplain, including but not limited to emerqency preparedness plans, flood control works, floodplain manaqement regulations, and open space plans. Floodplain management regulations means this division and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, and other applications of police power which control development in flood-prone areas. This term describes federal, state or local requlations in any combination thereof, which provide standards for preventing and reducinq flood loss and damage. Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharqe the base flood without cumulatively increasinq the water surface elevation more than one foot. Hardship (as related to variances from the requirements of this division) means the exceptional hardship that would result from a failure to grant the requested variance. The Board of Zoning Appeals requires that the variance is exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is NOT exceptional. Inconvenience, 7 Meeting Date: March 7, 2002 Ordinance 1,2002 aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one’s neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved throuqh other means without .qrantin.q a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than ori.qinally intended. Highest adiacent grade means the hiqhest natural elevation of the .qround surface, prior to the start of construction, next to the proposed walls of a buildin.q. Historic Structure means any structure that is: (1)Listed individually in the National Reqister of Historic Places (a listin.q maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meetinq the requirements for individual listin.q on the National Reqister: (2)Certified or preliminarily determined by the Secretary of the Interior as contributinq to the historical siqnificance of a re.qistered historic or a district preliminarily determined by the Secretary to qualify as a re.qistered historic district: (3)Individually listed on a state inventory of historic places in states with historic preservation pro.qrams which have been approved by the Secretary of the Interior; or (4)Individually listed on a local inventory historic places in communities with historic preservation pro.qrams that have been certified either: By an approved state pro.qram as determined by the Secretary of the Interior, or Directly by the Secretary of the Interior in states without approved programs. Lowest ad/acent grade means the lowest elevation, after the completion of construction, of the .qround, sidewalk, patio, deck support, or basement entryway immediately next to the structure. 8 Lowest floor means the Meeting Date: March 7, 2002 Ordinance 1,2002 lowest floor of the lowest enclosed area (includinq basement). An unfinished orflood resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a buildinq’s lowest floor, provided that such enclosure is not built so as to render the structure in violation of the nonelevation design standards of this ordinance. Manufactured home means a building, transportable in one or more sections, which is built on a permanent chassis and desiqned to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or Ionqer and intended to be improved property. Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Market value means the building value, excluding the land (as agreed to between a willing buyer and seller), as established by what the local real estate market will bear. Market value can be established by independent certified appraisal, replacement cost depreciated by a.qe of building (Actual Cash Value) or adjusted assessed values. Mean Sea Level means the averaqe height of the sea for all stages of the tide. It is used as a reference for establishinq various elevations within the floodplain. For purposes of this ordinance, the term is synonymous with National Geodetic Vertical Datum (NGVD). National Geodetic Vertical Datum (NGVD) as corrected in 1929 is a vertical control used as a reference for establishinq varying elevations within the floodplain. New Construction means any structure for which the "start of construction" commenced after effective date of this division. The term also includes any subsequent improvements to such structures. New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicinq the lots on which the manufactured homes are to be affixed (includinq at minimum, the installation of utilities, the construction of streets, and either 9 Meeting Date: March 7, 2002 Ordinance 1,2002 final site grading or the pouring of concrete pads)is completed on or after the effective date of floodplain regulations adopted by the city. Nuisance means anything which is iniurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passa.qe or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. Obstruction includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, buildin.q, wire, fence, rock, .qravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. Recreational vehicle means a vehicle that is: (1) Built on a sinqle chassis; (2)400 square feet or less when measured at the largest horizontal projection; (3)Designed to be self-propelled or permanently towable by a light duty truck; and (4)Designed primarily not for use as a permanent dwellinq but as temporary livin.q quarters for recreational, camping, travel, or seasonal use. Repetitive Loss means flood-related damaqes sustained by a structure on two separate occasions durinq a 10-year period endinq on the date of the event for which the second claim is made, in which the cost of repairin.q the flood damaqe, on the average, equaled or exceeded 25% of the market value of the buildinq at the time of each such flood event. Special flood hazard area (SFHA) (see Area of Special Flood Hazard) means an area havinq special flood hazard and shown on a FHBM or FIRM as Zone A, AO, A1-A30, AE, A99, or AH. 10 Meeting Date: March 7, 2002 Ordinance 1,2002 Start of construction (for other than new construction or substantial improvements under the Coastal Barrier Resources Act P. L. 97-348), includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, _~radinq and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwellinq units or not part of the main buildinq. For substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the buildinq. Structure means all walled and roofed buildinqs, including gas or liquid storage tanks and manufactured homes, that are principally above ground. Substantial damaqe means damaqe of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial damaqe also means flood-related damages sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred. Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "repetitive loss" or "substantial damage," regardless of the actual repair work performed. This includes any combination of repairs, reconstruction, alteration, or improvements to a building taking place during a 5 year period, in which the cumulative cost equals or exceeds 50 percent of the market value of the buildinq either: 11 Meeting Date: March 7, 2002 Ordinance 1,2002 (1) Before the improvement or repair is started; or, (2/If the structure has been damaqed and is beinq restored, before the damaqe occurred. For the purposes of this definition "substantial improvement’ is considered to occur when the first alteration of any wall, ceilin.q, floor, or other structural part of the buildinq commences, whether or not that alteration affects the external dimensions of the structure. This term includes structures that have incurred "substantial damage" and are "repetitive loss," regardless of the actual repair work performed. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the buildinq commences, whether or not that alteration affects the external dimensions of the buildinq. The term does not, however, include either: (1)Any project for improvement of a buildinq required to comply with existinq health, sanitary, or safety code violations which have been identified prior to permit issuance by the Code Enforcement Official and which are solely necessary to assure safe living conditions; or, (2)Any alteration of a "historic structure" provided that. the alteration will not preclude the structure’s continued designation as a "historic structure." Substantially improved existing manufactured home parks or subdivisions is where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced. Variance is a .qrant of relief from the requirements of this division, which permits construction in a manner otherwise prohibited by this ordinance where specific enforcement would result in unnecessary hardship. Violation means the failure of a structure or other development to be fully compliant with this division. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided. 12 Meeting Date: March 7, 2002 Ordinance 1, 2002 Watercourse means a lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. Water surface elevation means the heiqht, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various maqnitudes and frequencies in the floodplains of coastal or riverine areas. Sec. 78-533. General Provisions. (a) Applicability. This division shall apply to all areas of special flood hazard within the city. (5)~ ........... BasiS~orestabiiShi~iqt~e areas~spe-~i~ifi~odhaza~rcl.The a~eas~{ special flood hazard shall be those identified by the Federal Emergency Manaqement Aqency in the Flood Insurance Rate Map (FIRM) Community Panel Numbers 120221 0001-00041 dated Janua~ 6, 1988, with accompanying maps and other supporting data, and any revision thereto.i Zhese materials are adopted by reference and declared to be a part of this division’ (c) Development Permit Required. A development permit shall be required in conformance with the provisions of this division prior to the commencement of any development activities. (d) Compliance. No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this division and other applicable requlations. (e) Abrogation and greater restrictions. This division is not intended to repeal, abrogate, or impair any existinq easements or covenants. However, where this division conflicts with or overlaps existing ordinances, whichever imposes the more stringent restrictions shall prevail. (f) Interpretation. In the interpretation and application of this division, all provisions shall be: (1)Considered as minimum requirements; 13 Meeting Date: March 7, 2002 Ordinance 1, 2002 (2) Liberally construed in favor of the governinq body; and (3)Deemed neither to limit nor repeal any other powers granted under state statutes. (g) Warning and Disclaimer of Liability. The de.qree of flood protection required by this ordinance is considered reasonable for requlatory purposes and is based on scientific and engineerinq consideration. Larger floods can and will occur on rare occasions. Flood heiqhts may be increased by man- made or natural causes. This ordinance does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from floodinq or flood damaqes. This ordinance shall not create liability on the part of City Council of the City of Palm Beach Gardens or by any officer or employee thereof for any flood damaqes that result from reliance on this ordinance or any administrative decision lawfully made thereunder. (h)Penalties for Violation. Violation of the provisions of this division or failure to comply with any of its requirements, including violation of conditions and safequards established in connection with .qrants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500 or imprisoned for not more than 60 days, or both, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothinq herein contained shall prevent the City of Palm Beach Gardens from takinq such other lawful actions as is necessary to prevent or remedy any violation. Sec. 78-534. Administration. (a) Designation of Flood Damaqe Prevention Ordinance Administrators. This division shall be administered by the City Buildinq Official, the City Engineer and the Community Ratin.q System Administrator (Planner) (collectively "Floodplain Administrators"). (b) Perm# Procedures. Application for a development permit shall be made to the Growth Manaqement Department on forms furnished by the Growth Manaqement Department prior to any development activities. Such forms may include, but not be limited to, the following plans in duplicate drawn to scale showinq the nature, location, dimensions, and elevations of 14 Meeting Date: March 7, 2002 Ordinance 1,2002 the area in question; existing or proposed structures, earthen fill, storage of materials or equipment, drainage facilities, and the location of the foregoing. Specifically, the following information is required: (1)Application Stage: Elevation in relation to mean sea level of the proposed lowest floor (includinq basement) of all buildinqs; Elevation in relation to mean sea level to which any non-residential buildin,q will be flood-proofed; Certificate from a registered professional engineer or architect that the non-residential flood-proofed buildinq will meet the flood-proofing criteria in section 78- 535(b)(2) and (c)(2); do Description of the extent to which any watercourse will be altered or relocated as result of proposed development. (2) Construction Stage: Upon placement of the lowest floor, or flood-proofing by whatever construction means, it shall be the duty of the permit holder to submit to the Building Official a certification of the NGVD elevation of the lowest floor or flood-proofed elevation, as built, in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a re.qistered land surveyor or professional enqineer and certified by same. When flood proofing is utilized for a particular buildinq said certification shall be prepared by or under the direct supervision of a professional enqineer or architect and certified by same. Any work undertaken prior to submission of the certification shall be at the permit holder’s risk. The Building Official shall review the lowest floor and flood-proofing elevation survey data submitted. The permit holder, immediately and prior to further pro.qressive work being permitted to proceed, shall correct deficiencies detected by such review. Failure to submit the survey or failure to make 15 Meeting Date: March 7, 2002 Ordinance 1,2002 said corrections required hereby, shall be cause to issue a stop-work order for the project. (c)Duties and Responsibilities of the Floodplain Administrators. The duties and responsibilities of the Floodplain Administrators are as follows: (1)The City Engineer, Community Rating System Administrator (Planner), and Building Official shall review all development applications to assure that the application requirements of this division have been satisfied. (2)The Buildinq Official shall review all development permits to assure that the permit requirements of this division have been satisfied. (3)The Buildinq Official and City Engineer shall advise permittee/applicant that additional federal or state permits may be required, and if specific federal or state permit requirements are known, require that copies of such permits be provided and maintained on file with the development permit. (4)The Community Rating System Administrator (Planner) shall notify adjacent communities, the State Floodplain Coordinator, and other federal and/or state aqencies with statutory or regulatory authority prior to any alteration or relocation of a watercourse. The City Engineer shall notify the Community Rating System Administrator (Planner) of any proposed projects that are submitted for review or comment. (5)The City Engineer shall coordinate with the applicant and/or the Public Works Department to assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. (6)The Buildinq Official shall verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved buildin.qs, in accordance with section 78-534(b)(2). 16 Meeting Date: March 7, 2002 Ordinance 1,2002 (7)The Building Official shall verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved buildinqs have been flood-proofed, in accordance with section 78-534(b)(2). (8)The Floodplain Administrators shall review certified plans and specifications for compliance. (9)Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrators shall make the necessary interpretation based on the information provided by the applicant by request from the Floodplain Administrators. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this article. (10)When base flood elevation data or floodway data have not been provided in accordance with section 78-533(b), then the Floodplain Administrators shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source (includin.q the applicant), in order to administer the provisions of section 78-535. Sec. 78-535. Provisions for flood hazard reduction. (a) General Standards. In all areas of special flood hazard, the followin,q provisions are required and shall be enforced by Floodplain Administratom prior to construction plan approval. (1)New construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure; (2)Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and 17 (3) Meeting Date: March 7, 2002 Ordinance 1, 2002 consistent with applicable state requirements for resistinq wind forces; New construction and substantial improvements shall be (4) constructed with materials and utility equipment resistant to flood damaqe; New construction or substantial improvements shall be (5) (6) constructed by methods and practices that minimize flood dama.qe; Electrical, heatin.q, ventilation, plumbin.q, air conditionin.q equipment and other service facilities shall be designed and/or located so as to prevent water from enterinq or accumulatinq within the components durinq conditions of floodinq; New and replacement water supply systems shall be desiqned to minimize or eliminate infiltration of flood waters into the (7) (8) (9) system; New and replacement sanitary sewaqe systems shall be designed to minimize or eliminate infiltration of flood waters into thesystems and discharges from the systems into flood waters; On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them durinq floodinq; Any alteration, repair, reconstruction or improvements to a buildin.q that is in compliance with the provisions of this ordinance shall meet the requirements of "new construction" (10) as contained in this ordinance; and Any alteration, repair, reconstruction or improvements to a building that is not in compliance with the provisions of this ordinance, shall be undertaken only if said non-conformity is not furthered, extended, or replaced. 18 (b)Specific standards. Meeting Date: March 7, 2002 Ordinance 1, 2002 In areas where base flood elevation data has been provided, as set forth in section 78-533(b), the following provisions are required: (1) Residential Construction. New construction or substantial improvement of any residential buildin.q (or manufactured home) shall have the lowest floor, including basement, elevated no lower than 0.5 feet above the base flood elevation or the South Florida Water Manaqement District zero discharge finished floor, whichever is greater. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with standards of (2) section 78-535(b)(3). Non-Residential Construction. New construction or substantial improvement of any commercial, industrial, or non-residential building (or manufactured home) shall have the lowest floor, includinq basement, elevated to no lower than 0.5 feet above the base flood elevation or the South Florida Water (3) Management District zero discharqe finished floor, whichever is .qreater. Buildin.qs located in all A-Zones may be flood- proofed in lieu of beinq elevated provided that all areas of the building below the base flood elevation (plus any community free board) are water tiqht with walls substantially impermeable to the passage of water, and use structural components having the capability of resistin.q hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional enqineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in section 78-534(c)(9). Elevated Buildinqs. New construction or substantial improvements of elevated buildinqs that include fully enclosed areas formed by foundation and other exterior walls below the base flood elevations shall be designed to preclude finished living space and desiqned to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. 19 (4) Meeting Date: March 7, 2002 Ordinance 1,2002 ao Desiqns for complyin.q with this requirement must either be certified by a professional enqineer or architect or meet the followinq minimum criteria: Provide a minimum of two openin.qs having a total net area of not less than one square inch for every square foot of enclosed area subiect to floodin.q; ii.The bottom of all openings shall be no hiqher than one foot above foundation interior grade (which must be equal to in elevation or hiqher than the exterior foundation .qrade); iii.Openin.qs may be equipped with screens, louvers, valves or other coverinqs or devices provided they permit the automatic flow of floodwaters in both directions; iv.Access to the enclosed area shall be minimum necessary to allow for parkin.q of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the livin.q area (stairway or elevator); and v.The interior portion of such enclosed area shall not be partitioned or finished into separate moms. Standards for Manufactured Homes and Recreational Vehicles. a.All manufactured homes placed or substantially bo improved on individual lots or parcels in a new or substantially improved manufactured home park or subdivision must meet all the requirements for new construction, includin.q elevation and anchorinq. All manufactured homes placed or substantially improved in an existinq manufactured home park or subdivision must be elevated so that: 20 Meeting Date: March 7, 2002 Ordinance 1,2002 i.The lowest floor of the manufactured home is elevated no lower than 0.5 feet above the level of the base flood elevation, or ii.The manufactured home chassis is supported by reinforced piers or other foundation elements of at least an equivalent stren.qth, of no less than 36 inches in heiqht above the .qround; and iii.The manufactured home must be securely anchored to the adequately anchored foundation system to resist flotation, collapse and lateral movement; and iv. In an existinq manufactured home park or subdivision on which a manufactured home has incurred "substantial damaqe" as the result of a flood, any manufactured home placed or substantially improved must meet the standards of subsection (b)(4)b.i and iii above. c.All recreational vehicles placed on sites must either: Be fully licensed and ready for hi.qhway use (a recreational vehicle is ready for hi.qhway use if it is on its wheels or jackin.q system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions); ii.Meet all the requirements for new construction, includin,q anchorin.q and elevation requirements of subsection (b)(4)b.i or iii above; oo.Be on the site for fewer than 180 consecutive days. (c) Standards for Areas of Shallow Flooding (AO Zones). Located within areas of special flood hazards established in section 78-533(b) are areas desi.qnated as shallow floodin.q areas. These areas have flood hazards 21 Meeting Date: March 7, 2002 Ordinance 1, 2002 associated with base flood depths of one to three feet (1 - 3’), where clearly defined channel does not exist and the water path of floodinq is unpredictable and indeterminate. In such areas, the following provisions apply: (1)All new construction and substantial improvements of residential structures shall have the lowest floor, includinq basement, elevated to the flood depth number specified on the Flood Insurance Rate Map, above the highest adjacent grade. If no flood depth number is specified, the lowest floor, includinq basement, shall be elevated no less than two (2.0) feet above the base flood elevation or the South Florida Water (d) (2) Management District zero dischar.qe finished floor, whichever is greater. All new construction and substantial improvements of non- residential structures shall: Have the lowest floor, including basement, elevated to the flood depth number specified on the Flood Insurance Rate Map above the hiqhest adjacent grade. If no flood depth number is specified, the lowest floor, including basement, elevated at least two (2.0) feet above the base flood elevation or the South Florida Water Manaqement District zero discharqe finished floor, whichever is greater; or Together with attendant utility and sanitary facilities be completely flood-proofed to the specified flood level so that any space below that level is watertiqht with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Certification is required as per subsection (b)(2) above. Standards for Subdivision Proposals. (1)All subdivision proposals shall be consistent with the need to minimize flood damaqe; 22 Meeting Date: March 7, 2002 Ordinance 1,2002 (2)All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damaqe; (3)All subdivision proposals shall have adequate draina.qe provided to reduce exposure to flood hazards; and (4)Base flood elevation data shall be provided for subdivision proposals and other proposed development (includinq manufactured home parks and subdivisions), greater than the lesser of fifty lots or five acres. (e) Critical Facilities. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the special flood hazard area (SFHA) (’100-year floodplain). Construction of new critical facilities shall permissible within the SFHA if no feasible alternative site is available Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet or more above the level of the base flood elevation at the site. Floodproofing and sealinq measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible. Sec. 78-536. Variance procedures. (a) Desi.qnation of Board of Zoninq Appeals. The Board of Zoninq Appeals as established by the City Council of the City of Palm Beach Gardens shall hear and decide appeals and requests for variances from requirements of this division. (b) Duties of Board of Zonin.q Appeals. The board shall hear and decide appeals when it is alleqed an error in any requirement, decision, or determination is made by the Floodplain Administrators in the enforcement or administration of this division. Any person aggrieved by the decision of the board may seek review by filin.q a petition for writ of certiorari in the circuit court as provided by general law in accordance with City Code Section 78-23 (’c) Development Order Applications. Applications for development order approval for a variance shall be submitted and reviewed as provided in Division 1 of Article II1. 23 Meeting Date: March 7, 2002 Ordinance 1,2002 (d) Variance Procedures. In passin.q upon such applications, the board shall consider all technical evaluations, all relevant factors, and standards specified in other sections of this division, in addition to the following: (i)The danger that materials may be swept onto other lands to the injury of others; (2)The danqer of life and property due to floodinq or erosion damage; (3)The susceptibility of the proposed facility and its contents to flood damage and the effect of such dama.qe on the individual owner; (4)The importance of the services provided by the proposed facility to the community; (5)The necessity to the facility of a waterfront location, where applicable; (6)The availability of alternative locations for the proposed use which are not subject to floodinq or erosion damage; (7)The compatibility of the proposed use with existinq and anticipated development; (8)The relationship of the proposed use to the comprehensive plan and floodplain manaqement program for that area; (9)The safety of access to the property in times of flood for ordinary and emergency vehicles; (10)The expected height, velocity, duration, rate of dse, and sediment of transport of the flood waters and the effects of wave action, if applicable, expected at the site; and (11)The costs of providin.q governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, .qas, electrical, and water systems, in addition to streets and bridges. 24 Meeting Date: March 7, 2002 Ordinance 1,2002 (e)Conditions for variances. (1)Variances shall only be issued when there is: a. A showing of .qood and sufficient cause; bo A determination that failure to grant the variance would result in exceptional hardship; and Co A determination that the granting of a variance will not result in increased flood heights, additional threats to public expense, create a nuisance, cause fraud on or the victimization of the public, or conflict with existing local laws or ordinances. (2)Variances shall only be issued upon a determination that the variance is the minimum necessary to afford relief, considering the flood hazard. In the instance of an "historic structure," there must be a determination that the variance is the (3) minimum necessary so as not to destroy the historic character and design of the building. Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the lowest floor is to be built and statinq that the cost of flood insurance will be commensurate with the increased risk resultinq from the reduced lowest floor elevation. (4)The Community Rating System Administrator (Planner) shall maintain the records of all appeal actions and report any variances to the Federal Emergency Manaqement Agency upon request. (f) Variance notification. The Community Rating System Administrator (Planner) will maintain a record of all variance actions, includin.q justification for their issuance, and report such variances issued in the city’s biennial report submission to the Federal Emergency Management Agency. Any applicant to whom a variance is granted shall be given written notice that: 25 Meeting Date: March 7, 2002 Ordinance 1, 2002 (1)The issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to amounts as hiqh as $25 for $100 of insurance coveraqe; and (2)Such construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded bythe Community Ratinq System Administrator (Planner) in the Official Records of Palm Beach County and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. (_~) Historic Structures. Variances may be issued for the repair or rehabilitation of "historic structures" upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as an "historic structure" and the variance is the minimum to preserve the historic character and design of the structure. (h) Special Conditions. Upon consideration of the factors listed in section (e) above, and the purposes of this ordinance, the Board of Zoning Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. SECTION 5: The provisions of this ordinance shall become and be made a part of the code of laws and ordinances of the City of Palm Beach Gardens. SECTION 6: If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 7: All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed to the extent of such conflict. SECTION 8: This Ordinance shall become effective immediately upon adoption. PLACED ON FIRST READING THIS 7th DAY OF February, 2002. PLACED ON SECOND READING THIS DAY OF ,2002. 26 Meeting Date: March 7, 2002 Ordinance 1,2002 PASSED AND ADOPTED THIS DAY OF ,2002. SIGNED: MAYOR JOSEPH R. RUSSO COUNCILMAN CARL SABATELLO VICE MAYOR ERIC JABLIN COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK ATTEST BY: APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CAROL GOLD CITY CLERK CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO AYE NAY ABSENT 27 CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: March 7, 2002 Date Prepared: February 22, 2002 SUBJECT/AGENDA ITEM SP-00-07 - Eckerd @ Promenade Consideration for Approval: Resolution 166, 2001, a request by Dodi Glas of Urban Design Studio, on behalf of Gardens East Plaza, for site plan approval of a 14,090 square-foot drugstore and 3,867 square feet of in-line retail with a tower feature on tracts 1,2, and 3 in the Promenade Shopping Center (fka: Gardens East Plaza), located within the Gardens East Planned Community District (PCD). The 1.67-acre Eckerd site is located on the east side of Alternate A1A, approximately 500 feet north of Lighthouse Drive. (7-42S-43E) RECOMMENDATION Staff recommends approval of Resolution 166, 2001 with conditions and waivers. Reviewed by: Principal Planner N/A City Attorney Leonar~r ~. R~n Ba~reh Wolfs, AICP Development Compliance Submitted by: Growth Management Administrat~ _. Charles K. Wu, AICP Approved by: ~ City Manage~~lt~ Ronald M. Fer~is Originating Dept.: Growth Management: Project Manager John Li~t’e~,, AICP Senior Planner Advertised: Date: k, Paper: ~.[X] Not Required Affected parties: [X] Notified [ ] Not Required FINANCE: NA Costs: $ Total $ Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: P&Z Action: [ ] Approved [ ] App. w/conditions [ ] Denied [ ] Rec. approval [X]Rec. app. w/ conditions: 7 - 0 [ ] Rec. Denial [ ] Continued to:__ Attachments: ¯ Tables 1 & 2 ¯ Resolution 166, 2001 ¯ Resolution 9, 1994 ¯Original Approved Master Plan Section & Elevations ¯Waiver Requests ¯11"X17" Set of Proposed Plans [ ] None City Council Meeting Date: March 7, 2002 Date Prepared: February 22, 2002 Petition SP-00-07 BACKGROUND The Promenade Shopping Center (fka: Gardens East Plaza) was approved as the commercial portion of the Gardens East PCD with the adoption of Ordinance 2, 1987. The master plan for the shopping center was approved by Resolution 44, 1987, and subsequently amended by Resolution 9, 1994 (see attachment). The present petition would permit the reinstatement of Resolution 9, 1994 (which expired in 1995), and approve an amendment to the site plan to combine tracts 2 and 3 into a single 1.67-acre parcel, with increased retail square footage that would come from a reduction of already approved retail square footage in tract 1. If this petition were approved as submitted, it would supercede condition #8 of Resolution 9, 1994, relating to the previously approved elevations. The total approved square footage for the shopping center would remain the same. LAND USE & ZONING The subject site is zoned Planned Community District (PCD) with an underlying zoning General Commercial (CG-1), and a future land-use designation of Commercial (C). CONCURRENCY The applicant had already established concurrency for drainage, solid waste, sewer and water. However, the proposed project was reviewed for traffic equivalency, and on February 5, 2000, it received concurrency certification. PROJECT DETAILS Building Site Tract 2 was previously approved for 6,000 square feet of restaurant use, and tract 3 was previously approved for a 3,600 square-foot bank with a drive-through facility. A 14,090 square-foot Eckerd Drug Store (with a drive-through operation)is now proposed for tracts and 3. Tract 1, originally approved for 8,357 square feet of retail/office use, will now have 3,867 square feet (which is the remaining square footage originally approved for tracts 1,2, and 3). Site Access The site will have one direct access point along Alternate A1A. This is the northernmost drive into the center, and will be a right-turn-in/right-turn-out only, since there is no median cut at this location. The applicant is providing a turn lane for this ingress/egress off of Alternate A1A. The site will also be accessed through the Promenade Shopping Center. 2 City Council Meeting Date: March 7, 2002 Date Prepared: February 22, 2002 Petition SP-00-07 Parkin~q On the 1994 approved master plan for the Promenade Shopping Center site, 1,633 parking spaces were required (1,634 were provided). The proposed Eckerd plan has 72 parking spaces in tracts 2 and 3, which meets the code requirement for parking on the site. With approval of this petition, the Promenade Shopping Center site would have a total of 1,653 parking spaces, which is a net increase of 19 spaces in the total parking for the site. SLqna.cle The applicant is proposing one ground sign for the drug store at the northernmost entry.. There is an existing ground sign for the shopping center located adjacent to the southernmost property line of the Eckerd site. The proposed sign meets all code requirements in terms of height, length, and number of messages. Of issue with regard to the Eckerd ground sign is whether or not the site has the necessary public road right-of-way frontage to be eligible for an additional ground sign. When evaluating the signage issue, the entire Promenade Shopping Center site must be examined. Currently, the shopping center has nine (9) ground signs, not including the proposed ground sign for the drug store. As part of this approval, the applicant has elected to remove one of the existing ground signs located on the south-side of the access drive in between the car wash and the bank, on the western side of the Promenade Shopping Center along Alternate A1A, thereby ensuring that the Promenade Shopping Center still has only nine (9) ground signs. Code requires 5,900 feet of public road right-of-way frontage for nine ground signs; however, the site only has approximately 4,200 feet of public road right-of-way frontage. Because the code requirement regarding feet of public linear street frontage is not met, the Eckerd ground sign will require a waiver. The applicant has stated this waiver is justified because the total number of ground signs at the Promenade Shopping Center site will not increase. The applicant is also requesting a waiver for an additional building identification/principal tenant wall sign. The proposed building identification/principal tenant wall signs are located on the west elevation of the building (facing Alternate AIA), and the south elevation of the building (facing one of the access drives into the PCD). The applicant will need a waiver for the second building identification/principal tenant. Staff supports this waiver request because the applicant has agreed to install a large City of Palm Beach Gardens sign (with landscaping) at the northwest corner of the Promenade Shopping Center, and has agreed to reduce the size of the wall signs from 28 inches (facing the shopping center) and inches (facing Alternate A1A) to 20 inches. It should also be noted that approval of second building identification/principal tenant wall sign would be consistent with past approvals in the City (e.g.: Walgreen’s, Polio Tropical, Hampton Inn, and Hilda Flack). 3 City Council Meeting Date: March 7, 2002 Date Prepared: February 22, 2002 Petition SP-00.07 Phasing The proposed project will be constructed in two phases. The first phase will include the construction of Eckerd Drugs on tracts 2 and 3, and the landscaping improvements and parking area on tract 1. The second phase, which does not have a construction schedule, will include the construction of the remaining 3,867 square feet of the shopping center with the tower feature. Public Notice Even though this project is being processed as a site plan within a PCD, the Growth Management Director may, at his discretion, require that the public be notified. As a result, prior to this petition being reviewed by City Council at their January 17, 2002 meeting, the applicant sent courtesy notices to surrounding property owners within 500 feet of the subject site (Tracts 1,2, and 3). Waivers Code Section Required Provided Waiver Recommendation Section78-182(f)(4) 10 foot-candle 24.6 foot-14.6 foot-candles SupportMaximum light levels maximum candles Section 78-285- Minimum public road right- 5,900’ for 9 4,200’1,700’Supportof-way frontage for ground ground signs signs Section 78-285- Maximum number of wall signs per building Section 78-344(I)(1)a. Parking Stall and Bay Dimensions 1 building ID wall sign & 1 tenant wall sign 10’ X 18.5’ 2 building ID signs 9.5’ X 18.5’ 1 building ID sign 0.5-foot in width Support Support The applicant’s justification, which is adequate for the Planning & Zoning staff to analyze and support all waivers, is attached. The City Engineer is a consultant that provides strict technical review and support for the City, and therefore, does not support any requests outside of the Code requirements. STAFF RECOMMENDATION Although the proposed drug store is a stand-alone building that is not physically connected to the rest of the plaza, the applicant has created a strong pedestrian connection with the plaza by the use of walkways, hardscape and landscape material, and pedestrian amenities including trellises, shaded benches, and a shaded table with stools. Because of this, Staff recommends approval of Petition SP-00-07 with ten (10) conditions and the four 4 City Council Meeting Date: March 7, 2002 Date Prepared: February 22, 2002 Petition SP-00-07 (4) waivers requested by the applicant. PLANNING & ZONING COMMISSION The Planning and Zoning Commission reviewed this petition on April 25, 2000; June 27, 2000; August 22, 2000; and October 9, 2001. The Commission voted 7 - 0 to recommend approval of Petition SP-00-07 per Staff’s recommendation. CITY COUNCIL January 17, 2002 Meeting The City Council reviewed this petition at their January 17, 2002 meeting, and voiced the following concerns: The southern ingress/egress into the Eckerd site creates a problem with traffic circulation, primarily because of the short distance from Alternate A1A to the left hand turn into the south entrance to Eckerd. Both wall signs should be 20 inches in height. As a condition of approval, the applicant shall install the necessary landscaping in the Alternate A1A median prior to the final certificate of occupancy for Eckerd. Applicant’s Response The applicant has responded by agreeing to make the exit from the southern ingress/egress point a right-out-only (entering the site from this point could still be done as a right-turn-in or a left-turn-in). Furthermore, the applicant has agreed to limit the size of both wall signs to 20 inches in height, and has agreed to the condition requiring the landscaping of the Alternate A1A median to be completed prior to the issuance of the final certificate of occupancy for Eckerd. February 21, 2002 Meeting The City Council reviewed this petition at their February 21, 2002 meeting, where a majority of the Council members stated that to prevent long queuing lines at this drive aisle, the southern ingress/egress into the site should be a right-in/right-out only (closing the median cut in the drive aisle into the shopping center). Because of this, the majority of the City Council could not support the applicant’s request. The applicant stated that they were not willing to make the southern ingress/egress a right-in/right-out only, nor were they willing to close the median cut in the drive aisle; the applicant did not want to lose the ability to have cars take a left turn from the drive aisle into the southern ingress/egress point into Eckerd. City Council elected to continue this petition to their next meeting (March 7, 2002). As of the writing of this report, there have been no changes to the site plan. 5 City Council Meeting Date: March 7, 2002 Date Prepared: February 22, 2002 Petition SP-00-07 IIII II I I I IIIIIII H I : = E IST, ING USE. Subject Property Promenade Shopping Center North Gardens East Apartments South Promenade Shopping Center West Alternate A1A and FEC Railroad East Promenade Shopping Center Planned Community District (PCD) with underlying zoning of General Commercial (CG-1) Planned Community District (PCD) with underlying zoning of Residential- Medium Density (RM) and Planned Unit Development Overlay (PUD) Planned Community District (PCD) with underlying zoning of General Commercial (CG-1) N/A Planned Community District (PCD) with underlying zoning of General Commercial (CG-~) Commercial (C) Residential Medium (RM) Commercial (C) N/A Commercial (C) 6 City Council Meeting Date: March 7, 2002 Date Prepared: February 22, 2002 Petition SP-00-07 Site = Commercial (CG-1)Drug Store Minimum Building Site Area for CG-I: 1 acre Minimum Site Width for CG-1 : 100 feet Maximum Building Lot Coverage for CG-I: 35% Maximum Building Height for CG-I: 36 feet Front Setback for CG-I: 50 feet Side Setback for CG-I: 15 feet Side Setback Facing a Street for CG-1: 40 feet Rear Setback for CG-I: 15 feet 1.67 acre 290 feet 17.9% 32 feet 94.2 feet 62.1 feet 74.4 feet 41.5 feet Yes Yes Yes Yes Yes Yes Yes Yes Yes g~ohn: sp0007.cc3 7 March 7, 2002 RESOLUTION 166, 2001 A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM GARDENS EAST PLAZA FOR APPROVAL OF A 14,090 SQUARE-FOOT DRUGSTORE AND 3,867 SQUARE FEET OF IN-LINE RETAIL WITH A TOWER FEATURE ON TRACTS 1,2, AND 3 (1.67 ACRES) IN THE PROMENADE SHOPPING CENTER (FKA: GARDENS EAST PLAZA), LOCATED WITHIN THE GARDENS EAST PLANNED COMMUNITY DISTRICT (PCD), ON THE EAST SIDE ALTERNATE AIA, APPROXIMATELY 500 FEET NORTH OF LIGHTHOUSE DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (SP-01-07) from Gardens East Plaza for approval of a 14,090 square-foot drugstore and 3,867 square feet of in-line retail with a tower feature located in the 32.355-acre "Promenade Shopping Center" site on the east side of Alternate A1A, approximately 500 feet north of Lighthouse Drive, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the "Promenade Shopping Center" site is currently zoned Planned Community District (PCD) with and underlying zoning of General Commercial (CG-1), and a future land use of Commercial (C); and WHEREAS, the "Promenade Shopping Center" was originally approved with the adoption of Ordinance 2, 1987 on March 5, 1987, and the adoption of Resolution 44, 1987 on June 18, 1987, and was subsequently amended with the adoption of Resolution 9, 1994 on February 3, 1994; and WHEREAS, the Growth Management Department has recommended approval of said application; and WHEREAS, on October 9, 2001, the City’s Planning and Zoning Commission reviewed said application and recommended that it be approved subject to certain conditions stated herein; and WHEREAS, the City Council of the City of Palm Beach Gardens, Florida hereby approves said application subject to certain conditions stated herein. Resolution 166, 2001 Meeting Date: March 7, 2002 Date Prepared: February 22, 2002 Petition SP-00-07 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The forgoing "WHEREAS" clauses are hereby ratified as true and confirmed and are incorporated herein. SECTION 2. The City Council hereby approves the site plan application subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: 1.Prior to the issuance of the first building permit, the applicant shall: bo Provide an approved permit from FDOT for improvements within the Alternate A1A right-of-way. A curb transition from the non-mountable type "D" curb to existing curb within the right-of-way of Alternate A1A shall be used. (City Engineer) Provide a unity of title for tracts 2 and 3 in lieu of replatting the entire project. (City Engineer) Submit written authorization from all of the applicable utility owners for horizontal construction/planting within the utility easements. (City Engineer) Prior to the issuance of the final certificate of occupancy for Phase 1, the applicant shall: Co do Install a City of Palm Beach Gardens Police Department approved video recording system for the pharmacy drive-through lane and cash register areas. (Police) Prepare an instrument that releases a portion of the 5-foot-wide limited access easement so that the existing access point can function as it is constructed, and submit to the City for review and approval. Said instrument shall be recorded in the public records of Palm Beach County. (City Engineer) Submit an As-Built Photometric Plan demonstrating compliance with all lighting requirements (per Section 78-182), except for area under the drive- through canopy. (City Engineer) Remove any barriers to the parking in the rear of the theater. (Planning Zoning) Complete all improvements in tract #1. (Planning & Zoning) 2 o 10. Resolution 166, 2001 Meeting Date: March 7, 2002 Date Prepared: February 22, 2002 Petition SP-00-07 fo go Install and maintain the large official City of Palm Beach Gardens ground sign (with landscaping) at the northwest corner of the Promenade Shopping Center, as approved by the Growth Management Department. (Planning & Zoning) Install the necessary landscaping in the Alternate AIA median, in accordance with Resolution 26, 2002. (City Forester) All lighting shall be installed so as not to conflict with landscaping. (Police) The two (2) parking spaces located in the south section of the east parking area shall be marked "Compact Cars Only." (Police) Paint and tile color shall match the rest of the shopping center. (Planning Zoning) Parking at Eckerd shall be open to all Promenade Shopping Center patrons. (Code Enforcement) The conditions set forth in Resolution 9, 1994 and all other conditions and approvals applicable to property remain in effect unless specifically modified or deleted herein. (Planning & Zoning) The "Eckerd" lettering on both wall signs shall be no greater than 20 inches in height. (Planning & Zoning) The exit from the southern ingress/egress into the Eckerd site shall be a right-out only. (Planning & Zoning) The build-out date of this project is two years from the date of approval, per Section 78-61 of the City’s Land Development Regulations. (Planning & Zoning) SECTION 3. The following waivers are hereby granted with this approval: Section 78-285, which requires 300 feet of public road right-of-way for a ground sign, and 700 feet of public road right-of-way for each additional ground sign, to allow for a second ground sign on the Eckerd’s Drug Store site. Section 78-285, which limits the number of building ID wall signs to one (1), allow for two (2) building ID wall signs. Section 78-344(I)(1)a., which requires a minimum width of 10 feet for all typical parking spaces, to allow for 9.5-foot-wide parking spaces. 3 Resolution 166, 2001 Meeting Date: March 7, 2002 Date Prepared: February 22, 2002 Petition SP-00-07 b Section 78-182(f)(4), which requires photometric plans to have light levels greater than 10 footcandles, to allow for up to 24.6 footcandle measurements under the drive-through canopy only. SECTION 4. Construction of the site shall be in compliance with the following plans on file with the City’s Growth Management Department (dates represent the date the plan was received and stamped in): 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Overall PCD/Commercial Plan and Ground Sign Locations for Phase 1 by Urban Design Studio, and date stamped (July 26, 2001) into the Planning and Zoning Division, sheet P-1. Overall PCD/Commercial Plan and Ground Sign Locations for Phase 2 by Urban Design Studio, and date stamped (January 4, 2002) into the Planning and Zoning Division, sheet P-I. Site Plan - Phase 1 (Tracts 1,2 & 3) by Urban Design Studio, and date stamped (July 26, 2001) into the Planning and Zoning Division, sheet 1 of Landscape Plan - Phase 1 (Tracts 1, 2 & 3) by Urban Design Studio, and date stamped (July 26, 2001) into the Planning and Zoning Division, sheet 2 of Plant List/Detail Sheet- Phase 1 (Tracts 1, 2 & 3) by Urban Design Studio, and date stamped (July 26, 2001) into the Planning and Zoning Division, sheet 3 of Floor Plan by Ofiver, Glidden & Partners, and date stamped (June 8, 2001) into the Planning and Zoning Division, sheet A-1. Roof Plan by Ofiver, Glidden & Partners, and date stamped (June 8, 2001) into the Planning and Zoning Division, sheet A-2. Elevations by Ofiver, Glidden & Partners, and date stamped (October 15, 2001 into the Planning and Zoning Division, sheet A-3. Photometric Plan by Colwill Griner, Inc., and date stamped (October 25, 2001 )into the Planning and Zoning Division, 1 sheet. Landscape Plan - Detail Plan (Tract 1) by Urban Design Studio, and date stamped (July 27, 2001) into the Planning and Zoning Division, sheet 4 of Plant List/Detail Sheet (Tract 1 ) by Urban Design Studio, and date stamped (July 26, 2001 ) into the Planning and Zoning Division, sheet 5 of 8. Site Plan - Phase 2 (Tract 1) by Urban Design Studio, and date stamped (November 12, 2001 )into the Planning and Zoning Division, sheet 6 of Landscape Plan - Detail Phase 2 (Tract 1) by Urban Design Studio, and date stamped (November 12, 2001) into the Planning and Zoning Division, sheet 7 of Plant List/Detail Sheet (Tract 1 ) by Urban Design Studio, and date stamped (November 12, 2001 ) into the Planning and Zoning Division, sheet 8 of Phase 2 Roof Plan and Exterior Elevations by Ofiver, Glidden & Partners, and date stamped (October 30, 2001) into the Planning and Zoning Division, sheet A-I. 4 Resolution 166, 2001 Meeting Date: March 7, 2002 Date Prepared: February 22, 2002 Petition SP-00-07 16.Drainage Plan by Dixon and Associates Engineers Inc., and date stamped (July 26, 2001) into the Planning and Zoning Division, 1 sheet. SECTION 5. The approval expressly incorporates and is contingent upon all representations made by the applicant or applicant’s agents at any workshop or public hearing. SECTION 6. All resolutions or parts of resolutions of the City of Palm Beach Gardens, Florida, which are in conflict with this Resolution are hereby repealed. SECTION 7. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 8. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS DAY OF 2002. MAYORJOSEPH R. RUSSO ATTEST BY: APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CAROL GOLD CITY CLERK CITY ATTORNEY 5 Resolution 166, 2001 Meeting Date: March 7, 2002 Date Prepared: February 22, 2002 Petition SP-00-07 VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO AYE NAY ABSENT g/john: sp0007.res3 6 Resolutlon 166, 2001 Meetlng Date: March 7, 2002 Date Prepared: February 22, 2002 Petltlon SP-00-07 EXHIBIT "A" (~E 1/4) O~ ~CTZO~ ~ ~G~B~R W~T~ R PORTZO~ OF SOU~ST 0UARTER (SZ ~14) SE CTION ~,ALL ~ITH ZN DISTANCE OF ~52.43 FEET ~ A POINT ON ~E NEW RIGHT.F--WAY LINE OF ~TE~ATE A-Z-A, ~CE- ~.~9"27 SAID POINT ~S0 REING ON A ~RVE ~0N~VE ~ ~E NORTM~ST ~V~NG A ~DZUS OF 1407.90 FEET, ~D ~OSE CENTER BEARS RIGHT.F--WAY LINE ~D A~NG ~E ARC OF SAID ~RVE. THROUGH C~T~L ~GLE OF 16-44°04 - A DIST~CE OF 4~1.20 FEET, POINT OF T~GENCY OF SAID ~RVEI ~ENCE 8.~9*29’30"E. SAID ~STE~Y RIGHT~F-WA~ LINE. A DZGT~CE OF IS0. S0 FEET TO THE POINT OF CURVATU~ OF A ~RVE ~ ~E RZGHT ~VZNG ~DZUS OF 32~.1~ F~ET~ THENCE ~OU~STE~Y ~NG ~E ARC OF ~OZNT OF CO~OUND CURVA~RE OF A ~RVE ~ ~E RIGHT, ~VING A ~DIUS OF ~1~.00 FEETI T~ENCE BOU~STE~Y A~NG ~E ARC OF SAID C~RVE ~D SAID ~STE~Y RIGHT-OF-WA~ LINE ~ROUGH A CENT~L ~GLE OF 41*09’22 ~, A DIST~CE OF ~57.93 FEET, THE POINT OF T~GEN~ OF BAID CURVEI THENCE 8.01"39’42"W. CURVE CONCAVE TO THE ~ST ~VZNG A ~DZUS OF ~9~.24 FEET; ~ESTE~Y RZGHT--0F-WAY LINE. THROU~ . A CE~L ~O~ ¯ 3"09’21" A DESTinE OF 229.~ FEET ~ THE POINT OF ¢0~OUND ¢URVATU~ OF A CURVE ~ ~E R/GH~ ~V~NG A ~DZUS OF 25.00 SAID ~STE~ RIGHT.F--WAY ~INE ~ROUGH A CENT~L ~O~ OF 90*0G’00~. A DISTARCE OF 3~.27 FEET ~ THE POINT OF ~D A ~INT ~ ~E NORTHE~Y RIGHT.F-WAY LINE OF LIGHTHOUSE FEET~ THE~C.E ~TESTERLY JtL~NO THE ARC OF SAID CURVE AND SAID ~ORTHERL:E ]~I GHT--0F-WA~ LINE THROUGH J% CENTRAL" ~GLE OF 44"41"25".A D~T~CE OF 203.00 FEETj ~ENCE EASTE~ RI~T~F--WAY LINE 39*27 ’ 21"W. ~NG BAZD 7 Resolutlon 166, 2001 Meetlng Date: March 7, 2002 Date Prepared: February 22, 2002 Petltlon SP-00-07 EXHIBIT °’A" CONTINUED Parcel 3. as created b~ deed recorded |h OCfl¢|s. Records Book Records Book 2938. Page 665 and Official Records Book 2953, Page PaSs ~, across, over and throush the fol~owing described lands |)The North ¯ feet or the follow|rig described lands! ~ Beginning at ¯ po|nt |n the East line of Sect|on 18, Township 42 South, Range 43 East, Palm Beach County, Florida, at a dLstence of 717.31 feet Southerly from, measured along said .East ||no of Sect|on |8, the Northeast corner thereofl thence Southerly along said East line of Section "|8, ¯ d/stance of ;10 ¯ eet! thence ~esterly at r|ght angles ¯ distance Of |2S feetl : thence No-Snarly, at rl#ht angles ¯ distance of 110 feet! thence [aster|y at right angles, ¯ distance of 32~ feet to the Point of Beginning. 2)The South ¯ feet or the following described |ands! Beg~nn|ng at a point |n the East 1|no Of Section |8, Township 42 South, Range 43 ~ast, Palm Beach County, Florida, at ¯ d~stanco mr Section 18, the Northeast ¢~rner thereof! thence Northerly, along sa~d last line or Section 18, ¯ distance of 96 feetl thence Uesterly, at right angles, ¯ distance or ]2s feet! thence Southerly at right angles, ¯ distance Of 73-62 feet to the 7~A.11 feet and ¯ central angle of 13 degrees 1~"! Southerly ¯Ion| the arc of sa/d curve and through an ¯nOlo of O~ degree 3~" 23" ¯ distance of 22.3~ feetl thence Eastarlf, parallel |o the North 1|no of the here|h described parcel of land, ¯ distance of ]25.32 feet to-the Point of Beginning. 8 January 27, 1994 RESOLUTION 9, 1994 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING THE PROMENADE SHOPPING CENTER, A PLANNED UNIT DEVELOPMENT CREATED BY RESOLUTION 44, 1987, OF GARDENS EAST, A PLANNED COMMUNITY DISTRICT CREATED BY ORDINANCE 2, 19.87, BY REINSTATING THE PLANNED UNIT DEVELOPMENT FOR ONE (i) YEAR FROM THE EFFECTIVE DATE OF THIS RESOLUTION; AND, FURTHER, PROVIDING THAT SAID PLANNED UNIT DEVELOPMENT SHALL BE SUBJECT TO ALL PROVISIONS IN THE PALM BEACH GARDENS CODE WHICH MAY BE AMENDED FROM TIME TO TIME; AND PROVIDING FOR THE REPEAL OF ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section i. Resolution 44, 1987, which created "Gardens East Plaza", a Planned Unit Development, in the Gardens East Plaza Planned Community District, is hereby amended by reinstating the Planned Unit Development for one (i) year from the effective date of this Resolution. Prior to the expiration of the reinstated Planned Unit Development, the developer may apply for an extension of one (I) additional year for good cause shown. The developer shall initiate development within one year from the effective date of this Resolution in conformance with the plans on file in the city Planning and Zoning Department as follows: November 23, 1993 Site Plan by Theodore E. Davis and Associates. Sheet P-I. September 23, 1993 and December 23, 1993 Revised Landscape Plan by Blakely and Associates. Nine sheets. December 3, 1993 Landscape Buffer Plan for Alternate AIA by Blakely and Associates. One sheet. ~ection 2. In addition to the aforesaid specifications, the following conditions shall apply: plans and Q The total square footage for the project shall remain at 244,000 square feet. The existing 211,455 square foot shopping center is reinstated. The remaining undeveloped outparcels, totalling 25,057 square feet, are also reinstated. Development of any outparcel over and above its allocated square footage, up to the 244,000 square feet for the entire shopping center, shall be approved by the City Council on a case-by-case basis and shall meet Concurrency and all City standards. The outparcels shall have the permitted use of square footage as shown on the original site plan. The pedestrian promenade shall be completed, cleaned and opened to the public within thirty days from the effective date of this Resolution or prior to the issuance of the next Building Permit, whichever occurs first. The fence surrounding the promenade and outparcels #i, 2 & 3 shall be removed within thirty days from the effective date of this Resolution or prior to the issuance of the next Building Permit, whichever occurs first. Gardens East shopping center shall have a 25-foot wide landscaped buffer along Alternate AIA. The Gardens East shopping center shall have a unified landscape theme. The petitioner shall supply to the City for review a landscape plan showing laddscaping within the 25-buffer along Alternate AIA prior to the petition proceeding to City Council; or the originally approved landscape plan prepared by Landscape Architect Jeff Blakely, and labeled Gardens East Plaza Perimeter Planting, drawing numbers LA 3/22 and LA 4/22 (no date), shall be included in the overall landscape plan submitted for this petition. The 25-foot buffer adjacent to Alternate AIA shall be completed by March 31, 1994. The median landscaping shall be installed within thirty days from the effective’date of thisResolution or prior to the issuance of the next Building Permit, ~hichever occurs first. The owners of the Gardens East Plaza shall be responsible for the maintenance of the median landscaping, including plant replacement, and repair and utility costs of the irrigation in perpetuity. Prior to the sign-off of the median and site landscape improvements, the Landscape Architect of Record shall inspect all landscape improvements, and shall certify in i0. ii. writing to the City that the landscape plan and all other landscape recommendation have been accomplished or implemented. Upon receipt of the certified letter the City Forester shall inspect the site for compliance. All proposed landscaping for the site shall be installed before March 31, 1994 or the issuance of the next Certificate of Occupancy for the project, whichever comes first. In addition to the proposed landscaping, the petitioner shall adopt at a minimum a consistent program of maintenance and plant care as recommended and outlined in Landscape Architect Jeff Blakely’s letter to City Forester Mark Hendrickson, dated September.21, 1993 and submitted September 23, 1993 (see attachment). The petitioner shall adopt and implement a written management plan covering maintenance for the entire PUD by Landscape Architect Jeff Blakely within thirty days from the effective date of this Resolution. Landscape Architect Jeff Blakely shall certify in writing that this management plan has been completed and implemented within thirty days from the effective date of this Resolution. In no way shall this plan be less than the maintenance standard in the City Landscape Code, Ordinance 2, 1993, or as amended. The landscape management plan shall be agreed on by staff. The previously-approved elevations for the undeveloped outparcels shall be reinstated and shall be used as guidelines for future development applications. Outparcel i, including but not limited to the tower/entry feature, shall be completed substantially in accordance with the design of the previously-approved elevation plans. All undeveloped outparcels shall meet the current code in place at site plan approval (ie., landscaping, parking, etc.). All undeveloped outparcels shall meet the current Sign Code in place at site plan approval unless modified by the City Council. Signage shall be consistent with the signage currently approved for the shopping center. No drive-thru facility shall be allowed for outparcel #i. The temporary landscaping to screen the west elevation of the movie theater building shall remain until the issuance of the building permit ~for construction on outparcel #i. Section 3. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Section 4....,. This Resolution shall be effective upon date of passage. INTRODUCED, PASSED AND ADOPTED THIS THE 1994.~ Approved as ~~m ./~d ~egal sufficiency by th~City Attorney ATTEST: LINDA V. KOSIER, CMC, CITY CLERK JO~ R2 I-RU-SSO, MAYOR VOTE:AYE NAY ABSENT MAYOR RUSSO VICE MAYOR MONROE COUNCILMAN JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK /- THEATER BUILDING 900 2"~,590 S.F, II ~CEL io .6~ CRES~ ORIGINAL MASTER PLAN SECTION tJ[ Qn AND JUSTIFICATION STATEMENTS FOR GARDENS EAST/PROMENADE-ECKERD Petition -PUD-99-15 Revised April 24, 2000 For your review and information are the waiver requests and justification statements as revised for the latest site plan and to reflect code references for the draft LDRs (3/5/00 version): Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics Specialty Pavers We request a waiver from the Subdivision Regulations to allow for the use of specialty pavers. Specialty pavers allow for a higher quality people experience by creating a more aesthetically pleasing environment and by delineating people places in areas that may also be used by vehicular traffic. Pavers create visual cues that enhance the sense of place and that serve to put people and drivers on notice that something is special at this location. The hardscape provides for a much greater sense of place than asphalt. The use of pavers is also consistent with Crime Prevention Through Environment Design (CPTED) techniques, which is supported by the City. The pavers to be used are also consistent with the hardscape of the existing center. Size of parking Spaces (Section 118-475) (New Section 180) We are requesting a waiver to allow 9.5-foot wide parking spaces which represents the compromise between maximizing green space and ability to load packages recognizing that loading of packages is limited at this type of retail use. An alternativeparking plan shows where green area is gained in more detail. In general, the smaller spaces permit for more landscape areas at parking islands and ends of parking aisles. Landscape Buffers (Section 95-72(~) .(New Code Section We are requesting a reduction in the requirement for 8 feet of landscape buffer adjacent to a property line on the south property line. It is not inconsistent with. the existing developed properties. In fact even with the requested reduction in the buffer (from 8 feet to 6 feet on the south property line and to 3 feet at the southeast corner,) therewill be a largerbuffer than provided at this site today or than exists across the street at the Mobile site. The requested waiver would still permit the center to be closer in conformity with the code provisions than the existing condition on the site. i~:/:I~~xx’~"~:. 1~7 20~i~xPalm Beach Lakes Boulevard ’ %x~,~’~.’~~ ¢~Su~.te.~00 The Concourse ~ ~%% ~’~.,X~.~ We~tpalm Beach, Florida 33409-6582 C:LC~3Y:ile~Xl~’ D°~ments’UDSXECKERDS\waivers’042’100"wPd ~x-~ ~%E~x~ 56~a~89,0066 561,689,055’ fax Slgnage (Section 118-571~ _(New Code Section The requested waiver is to permit a ground sign for this parcel. The signage will serve to identify this newly created entrance to this parcel and the center. The site only has 265 feet of public ROW. The ground sign is consistent with the current signage program at the center. The design and materials are also consistent with the existing center. The landscaping is consistent with current code provisions. ]Photometries (Section) (New Code Section The requested waiver is to permit this site to exceed the 10 foot candle maximum under the pharmacy canopy due to safety considerations. It is anticipated that the lighting can be designed consistent with City’s concern to minimize the impact of spillage of lighting off of the property. This list represents the waivers required at this time, we may request additional waivers as necessary in response to staff and city official comments, design variation or new code provisions. C:~vlyFiles~Vly Documents\UDSkECKERDS\waivers.O42400.wpd LCC35 CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: March 7, 2002 Date Prepared: February 20, 2002 SUBJECT/AGENDA ITEM SP-01-23 - Evergrene Parcel 4B Consideration of Approval: Resolution 181,2001, a request by Henry Skokowski of Urban Design Studio, on behalf of Community Finance Company (a subsidiary of Watermark Communities, Inc.), for approval of 75 single-family units and 63 multi-family units within Parcel 4B. The proposed dwelling units will be within the Evergrene Planned Community District (PCD), located between Hood Road & Donald Ross Road, and between Military Trail and Alternate AIA. (25/36-41S-42E) RECOMMENDATION Staff recommends approval of Resolution 181, 2001, which contains conditions of approval. Reviewed by: Principal Planner NA City Attorney ~ Leonard G. Ruin Finance NA Human Res. NA Submitted by: Growth _ 11 Manag~-~ Charles K. Wu, Aic~ Originating Dept.: Growth Management: Project Manage~ !~--~ John Lin~ r/e~, AICP Advertised: Date: Paper: Approved by!,.~’~ ~__~ [X]~~equir~d City Manage~~) Affected parties: Ronald M. Fer~ /[ ] Notified IX] Not Required FINANCE: NA Costs: $ Total Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: P&Z Commission Action: [ ] Approved [ ] App. w/conditions [ ] Denied [ ] Rec. approval IX]Rec. app. w/conds. 7-0 [ ] Rec. Denial [ ] Continued to: Attachments: ¯ Resolution 181,2001 ¯ Project Narrative ¯ Design Guidelines ¯Waiver requests and justifications ¯Comparison Chart [ ] None City Council Meeting Date: March 7, 2002 Date Prepared: February 20, 2002 Petition $P-01-23 BACKGROUND The Evergrene PCD was approved for 905 single-family units and 132 multi-family units, and is approximately 365.6 acres in size. The approved density for the Evergrene PCD is 2.68 dwelling units per acre. Parcel 4B is approximately 20 acres in size and will contain 75 porch-front homes (single-family) and 63 "Mansion" units (multifamily). The "Mansion Home" model is a new housing prototype within the City, and shall consist of three units located within one building, which is designed to appear as a large "single-family" unit. The narrative written by the applicant describing this project has been attached to this report. LAND USE & ZONING Parcel 4B is proposed to be zoned Planned Community District (PCD), with an underlying zoning of Residential Low Density - 3 (RL-3) for the "Porch Front Homes", and underlying zoning of Residential High Density (RH) for the "Mansion Homes", consistent with the Master Plan designation of Residential High (RH). The parcel has a future land- use designation of Residential Low (RL), based on the overall density of the PCD, which 2-68 dwelling units per acre. CONCURRENCY The type and number of dwelling units within Parcel 4B are consistent with the approved concurrency for the Evergrene PCD. PROJECT DETAILS DesLqn Guidelines Per requests from the Planning and Zoning Commission and Staff, the applicant has provided design criteria for Parcel 4B (see attachment). The guidelines address the architectural themes and treatments that will be used, as well provisions that will prevent repetitive-colors, treatments, and architectural styles. Waivers Residential High Density (RH)is the requested underlying zoning for the "Mansion Homes" in Parcel 4B, and is the appropriate zoning designation against which to evaluate the proposed multi-family units in terms of consistency with the City’s Land Development Regulations. Residential Low Density- 3 (RL-3) is the requested underlying zoning for the "Porch-Front Homes" in Parcel 4B, and is the appropriate zoning designation against which to evaluate the proposed "Porch-Front Homes" in terms of consistency with the City’s Land Development Regulations. The following tables (Tables 1 and 2) list the waivers necessary for the "Mansion Homes" and the "Porch-Front Homes". 2 City Council Meeting Date: March 7, 2002 Date Prepared: February 20, 2002 Petition SP-01-23 Section 78-141 Side Setback for RH: 20 feet Section 78-141 Side Setback Facing a Street for RH: Section 78-141 Rear Setback for RH: 20 feet 20 feet Section 78-441 (c) Plat Approval Prior to Dry Model Permits Section 78-498 Local Street- Minimum Cross-Section: 50 feet 13 feet 12 feet 10 feet Dry Model Permits Prior to Plat Approval 20-foot alleys Yes Yes Yes Yes Yes [THIS SECTION INTENTIONALLY LEFT BLANK] 3 City Council Meeting Date: March 7, 2002 Date Prepared: February 20, 2002 Petition SP-01-23 Code Requirement Section 78-141 Minimum Building Site Area for RL-3: 6,500 square feet Section 78-141 Minimum Lot Width for RL-3: 65 feet Section 78-141 Maximum Lot Coverage for RL-3: 35% Section 78-141 Side Setback for RL-3:7.5 feet Section 78-141 Side Setback Facing a Street for RL-3: feet Section 78-141 Rear Setback for RL-3: 2O 10 feet Section 78-441(c) Plat Approval Prior to Dry Model Permits Section 78-498 Local Street- Minimum Cross-Section: feet 50 Proposed Plan 3,040 square feet 38 feet 52% 5 feet (building, deck screen/enclosu re) 8 feet (deck screen/enclosure) 12 feet (building) 5 feet (building, deck screen/enclosu re) Dry Model Permits Prior to Plat Approval 20-foot alleys Staff Supports Waiver? Yes Yes Yes Yes Yes Yes Yes Yes 4 City Council Meeting Date: March 7, 2002 Date Prepared: February 20, 2002 Petition SP-01-23 STAFF RECOMMENDATION Staff recommends APPROVAL of petition SP-01-23 with the conditions contained in Resolution 181,2001. PLANNING & ZONING COMMISSION The Planning and Zoning Commission heard this petition as a workshop at their October 17, 2001 meeting. On November 13, 2001, the Commission voted 7 - 0 to recommend approval of this petition with the conditions recommended by Staff and the waivers requested by the applicant. CITY COUNCIL The City Council reviewed this petition at their December 20, 2001 meeting. Several concerns were voiced regarding this petition, including the design and use of the alleys, dead end situations, fire hydrants, parking, building separations and open space. The applicant has responded by amending their request as follows: The number of porch-front homes has beeh reduced from 77 units to 75 units. All alleyways have been connected and all dead-end situations have been deleted. The minimum side setback requested has been increased from 4 feet to 5 feet, thereby reducing the waiver requested, and creating a minimum 10-foot building separation. The front setback for the Mansion units has been increased from 18 feet to 19 feet. Parking spaces were relocated closer to the porch-front units to provide a better balance of accessible parking, and to eliminate the need for any required parking across the 72-foot wide loop road next to the lake. The 27 parking spaces located across the 72-foot wide loop road are not included in the required or provided parking calculations, and are simply surplus parking spaces. Open space areas have been increased, including the mews open spaces (widths increased to a minimum of 70 feet between lots 1-6 and 15-18/24-27. Benches have been added to the Typical Mews,-Triangular Park and Rectangular Park plans. A provision has been added in the Homeowners Association documents providing for 100% landscape maintenance on all single-family lots. The applicant has also provided a comparison table (see attachment) showing how the 5 City Council Meeting Date: March 7, 2002 Date Prepared: February 20, 2002 Petition SP-01-23 proposed development compares with the Isles (50% lot coverage), Ballenlsles Parcel - San Marco (45% lot coverage), Bent Tree (45% lot coverage), Mirasol Parcels 1,2, 8 (45% lot coverage), and Mirasol Parcels 3 & 4 (50% lot coverage). g~ohn: sp0123,cc2 6 Mai’ch 7, 2002 RESOLUTION 181, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SITE PLAN APPLICATION FOR "PARCEL 4B" WITH A TOTAL OF 75 SINGLE-FAMILY UNITS AND 63 MULTI-FAMILY UNITS WITHIN THE EVERGRENE PCD, LOCATED BETWEEN HOOD ROAD & DONALD ROSS ROAD AND AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from Urban Design Studio, agent for Community Finance Company, for approval of a site plan for 75 single-family homes and 63 multi-family units within the Evergrene PCD (SP-01-23), located between Hood Road and Donald Ross Road, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, development of the site shall comply with the Design Guidelines for Parcel 4B, as more particularly described in Exhibit "B" attached hereto; and WHEREAS, the applicant seeks eight (8) waivers as part of site plan approval for the single-family homes and five (5) waivers as part of site plan approval for the multi- family units; and WHEREAS, the subject parcel is currently zoned Planned Community District (PCD) with an underlying zoning of Residential Low (RL) and a future land use designation Residential Low (RL); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City’s Comprehensive Plan and Land Development Regulations; and WHEREAS, on November 13, 2001, the Planning and Zoning Commission recommended approval of the site plan for Parcel 4B. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby City Council Meeting Date: March 7, 2002 Date Prepared: February 20, 2002 Petition SP-01-23 approves a site plan for 75 single-family homes and 63 multi-family units within the Evergrene PCD, located between Hood Road and Donald Ross Road, as more particularly described in Exhibit "A" attached hereto and incorporated herein. Section 2. Said site plan approval shall comply with the following conditions that shall be binding upon the applicant, its successors, assigns, and/or grantees: 6. 7. 8. 9. 10. Prior to construction plan approval, the applicant shall: a. Identify the drainage patterns for the open space areas and the lots that will direct runoff to the front and those that will split the runoff between the front and back. (City Engineering) b. Submit a Drainage Plan that specifies RCP to be used under all load-bearing surfaces. (City Engineering) c. Submit a Temporary Model Parking Lot Site Plan, parking space details, pavement marking details, pavement cross-sections, landscape plan, and photometric plan for administrative review and approval by the City. (City Engineering) Prior to the issuance of the first building permit, the applicant shall: a. Provide a letter of authorization from all utility owners allowing landscaping within their easements. (City Engineering) b. Apply for, obtain, and submit to the City, a Northern Palm Beach County Improvement District Standard Permit. (Planning & Zoning) The applicant shall post surety prior to the issuance of a building permit for the models homes for the purposes of demolition and lien protection to remain in effect until the plat is recorded. The amount of the letter of credit shall equala total of 1/3 of the hard costs of construction of all of the proposed models. (City Engineering) Lot 55 shall be restricted to a 2-story model, and shall include a three-foot landscape buffer adjacent to the wall to the east of the lot that shall be maintained by the property owners association. This condition shall also be included in all applicable POA and HOA documents. (Planning & Zoning and Legal) All lighting shall be metal halide. (Police) Landscaping shall not conflict with lighting (including long term tree growth). (Police) A timer clock or photocell sensor engaged lighting shall be installed above or near entryways to residences and all sidewalks. (Police) Street and pedestrian walkways shall use lighting that is no greater than 14 feet in height. (Police) Numerical addresses shall be illuminated for nighttime visibility, shall have bi- directional visibility from the roadway, and shall be a minimum of 6 inches in height. (Police) The applicant, successors or assigns shall post a notice of annual school boundary assignments for students from this development in a manner required by the Palm 2 City Council Meeting Date: March 7, 2002 Date Prepared: February 20, 2002 Petition SP-01-23 11. Beach County School District. Posting of the notice shall be done prior to the final certificate of occupancy being issued for each building/model/sale center that is required to post such notice. (Planning & Zoning) Development of the site shall comply with the Design Guidelines for Parcel 4B, as more particularly described in Exhibit "B" attached hereto. The applicant, successors or assigns shall notify all purchasers of the approved design guidelines by including these guidelines in the purchase agreement. (Planning & Zoning) Section 3. The City Council of the City of Palm Beach Gardens hereby approves the following five (5) waivers for the 63 multi-family units (Mansion Homes) with this approval: A waiver from Section 78-141 of the City Code, which requires a minimum side setback of 20 feet. The applicant proposes a setback of 13 feet. The waiver is approved for seven feet. A waiver from Section 78-141 of the City Code, which requires a minimum street side setback of 20 feet. The applicant proposes a setback of 12 feet. The waiver is approved for eight feet. A waiver from Section 78-141 of the City Code, which requires a minimum rear setback of 20 feet. The applicant proposes a ten-foot setback. The waiver is approved for ten feet. A waiver from Section 78-441(c) of the City Code to allow the issuance of building permits for model units (dry models) prior to the plat being recorded. Said waiver shall be consistent with the applicable conditions of approval outlined in Section 2 of this resolution. A waiver from Section 78-498 of the City Code, which requires a minimum of 50-foot local street cross-sections. The applicant proposes 20-foot alleys. The waiver is approved for 30 feet. Section 4. The City Council of the City of Palm Beach Gardens hereby approves the following eight (8) waivers for the 75 single-family units (Porch-Front Homes) with approval: A waiver from Section 78-141 of the City Code, which requires a minimum site/lot area of 6,500 square feet. The applicant proposes a site area of 3,040 square feet. The waiver is approved for 3,460 square feet. 3 City Council Meeting Date: March 7, 2002 Date Prepared: February 20, 2002 Petition SP-01-23 A waiver from Section 78-141 of the City Code, which requires a minimum lot width of 65 feet. The applicant proposes a lot width of 38 feet. The waiver is approved for 27 feet. A waiver from Section 78-141 of the City Code, which requires a maximum 35% lot coverage. The applicant proposes 52% lot coverage. The waiver is approved for an additional 17% lot coverage. A waiver from Section 78-141 of the City Code, which requires a minimum side setback of 7.5 feet. The applicant proposes a five-foot side setback for buildings, decks, and screen enclosures. The waiver is approved for the reduction in the minimum side setback of 2.5 feet (building/deck/screen enclosure). A waiver from Section 78-141 of the City Code, which requires a minimum street side setback of 20 feet. The applicant proposes an eight-foot setback for decks and screen enclosures, and a 12-foot setback for buildings. The waiver is approved for the reduction in the minimum street side setback of 12 feet (deck/screen enclosure), and eight feet (building). o A waiver from Section 78-141 of the City Code, which requires a minimum rear setback of ten feet. The applicant proposes a five-foot setback for buildings, decks, and screen enclosures. The waiver is approved for the reduction in the minimum rear setback of five feet (building/deck/screen enclosure). A waiver from Section 78-441 (c) to allow the issuance of building permits for model units (dry models) prior to the plat being recorded. Said waiver shall be consistent with the applicable conditions of approval outlined in Section 2 of this resolution. °A waiver from Section 78-498 of the City Code, which requires a minimum of 50-foot local street cross-sections. The applicant proposes 20-foot alleys. The waiver is approved for 30 feet. Section 5. Said approval and construction shall be consistent with plans filed with the City’s Growth Management Department as follows (dates represent the date the plans were received and stamped in): Parcel 4B Site Plans by Urban Design Studio, sheets 1 of 2 and 2 of 2 (2 sheets total), dated January 14, 2002. Landscape Plans by Lucido & Associates, cover sheet and sheets 1 of 7 through 7 of 7 (8 sheets total), dated January 14, 2002. 4 City Council Meeting Date: March 7, 2002 Date Prepared: February 20, 2002 Petition SP-01-23 Floor Plans, Roof Plan, and Elevations - Mansion Homes by Watermark Communities, Inc., sheets 1 of 4 through 4 of 4 (4 sheets total), dated January 14, 2002. Floor Plans, Roof Plan, and Elevations - Porch Front Homes by Watermark Communities, Inc., sheets 1 of 6 through 6 of 6 (6 sheets total), dated January 14, 2002. Section 6. The approval expressly incorporates and is contingent upon all representations made by the applicant or applicant’s agents at any workshop or public hearing. Section 7. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 8. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 9. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS THE 7 th DAY OF MARCH 2002. JOSEPH RUSSO, MAYOR ATTESTED BY: APPROVED AS TO LEGAL FORM AND SUFFICIENCY: Carol Gold, MMC, City Clerk CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO g/john: sp0123.re2 AYE NAY ABSENT 5 EXIHIBIT "A" City Council Meeting Date: March 7, 2002 Date Prepared: February 20, 2002 Petition SP-01-23 LEGAL DESCRIPTION A PARCEL OF LAND LYING WITHIN SECTION 36, TOWNSHIP 41 SOUTH, RANGE 42 EAST. PALM BEACH COUNTY. FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 36; THENCE NORTH 89°52’40" WEST, ALONG THE NORTH LINE OF SAID SECTION 36, A DISTANCE OF 224.64 FEET; THENCE SOUTH 01=18’45’’ WEST, ALONG A LINE 103.00 FEET WEST OF, AND PARALLEL WITH THE WEST RIGHT-OF-WAY LINE OF THE F.E.C. RAILROAD, AS SHOWN ON ROAD PLAT BOOK 4 AT PAGE 222 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FL(3RIDA, A DISTANCE OF 62.01 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 01°18’45 ‘‘ WEST, ALONG THE LAST DESCRIBED COURSE, A DISTANCE OF 771.35 FEET; THENCE NORTH 88=08’04.’ WEST, A DISTANCE OF 582.03 FEET; THENCE SOUTH 01°18’45‘’ WEST, A DISTANCE OF 605.03 FEET; THENCE NORTH 88=08’04’’ WEST, ALONG A LINE 80.00 FEET NORTH OF AND PARALLEL WITH THE NORTH RIGHT-OF-WAY LINE OF HOOD ROAD, AS RECORDED IN OFFICIAL RECORDS BOOK 1083 AT PAGE 139 OF SAID PUBLIC RECORDS, A DISTANCE OF 556.82 FEET; THENCE NORTH 01°13’51" EAST, A DISTANCE OF 746.59 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE LEFT, AT WHICH THE RADIUS POINT BEARS NORTH 51"53’52" EAST; THENCE SOUTHEASTERLY, EASTERLY, NORTHEASTERLY, NORTHERLY, AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF B5.50 FEET AND A CENTRAL ANGLE OF 175°31’30", A DISTANCE OF 261.93 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE LEFT, AT WHICH THE RADIUS POINT BEARS NORTH 01=22’09" EAST; THENCE EASTERLY, NORTHEASTERLY, AND NORTHERLY ALONG THE ARC OF ,.RAID CURVE, HAVING A RADIUS OF 638.50 FEET AND A CENTRAL ANGLE OF 79°05’47", A DISTANCE OF 881.45 FEET; THENCE SOUTH 82°25°08" EAST, ALONG A NON-RADIAL LINE, A DISTANCE OF 72.22 FEET; THENCE SOUTH 89°52’40’’ EAST, A DISTANCE OF 304.51 FEET TO THE POINT OF BEGINNING. 8AID LAND8 SITUATE IN THE CITY OF PALM BEACH GARDENS, FLORIDA, AND CONTAIN 20.163 ACRES, MORE OR LESS. 6 City Council Meeting Date: March 7, 2002 Date Prepared: February 20, 2002 Petition SP-01-23 EXIHIBIT "B" Desiqn Guidelines for Parcel 4B of the Evergrene PCD The Architectural Themes shall include: -Craftsman (Porch-Front) -Prairie (Porch-Front) -Bungalow (Porch-Front) -Mission (Porch-Front) -Spanish Colonial (Porch-Front) -French Country (Porch-Front & Mansion) -Italianate (Porch-Front & Mansion) Unifying architectural treatments shall include: -Stucco Wall Finish -Concrete "S" Roof Tile or Flat Concrete Roof Tiles -Rear entry garages -Multi-pane front elevation windows No two homes located side by side shall have the same combination of exterior wall and trim color. No two homes located side by side shall have the same combination of architectural style and floor plan. For example, you may have two (2) Italianate Architectural Themes next to each other, but with different floor plans. Another example is that you may have two (2) same floor plans next to each other, but cannot consist of the same Architectural Themes. Substantial alterations to said elevations shall be approved by the Growth Management Department. PROJECT NARRATIV[ EVERGRENE PCD SITE PLAN APPLICATION FOR PARCEL 4B Porch Front & Mansion Homes July 7, 2000 Revised July 13, 2001 Urban Destgn Urban Planning Land Planning Landscape Arch lecture Communicafi on Graph cs HISTORY On December 29, 1999, the applicant submitted an application for a Planned Community District zoning. The PCD application, subsequently amended, indicates the proposal of development a tmique, high-quality residential community with approximately 905 single-family units and 132 multi-family homes. The Evergrene PCD site is a 362.72 acre tract of land located at the southeast comer of Donald Ross Road and Military Trail. The site has a zoning designation of Planned Development Area (PDA) and a future land use designation of RM (Residential Medittm). On July 7, 2000, this site plan application was submitted to the City for its review. The original site plan application was for the construction of 543 homes (417 single-family homes and 126 multi-family homes) within the (then-named) Parcels 4, 5, 6, 7 and 8 within the PCD Master Plan. Since that time, several changes have been made to the site plan. Per the request of the city, the Military Trail entrance was relocated. Modifications to the product, lots and phasing were also made. Per the request of City staff, the original site plan application was divided into two separate applications. This site plan is the second of two applications being re-submitted at this time and contains a total of 75 single-family homes (Porch Front) and 63 multi-family homes (Mansion). The application consists of two product types, Porch Front and the Mansion product. These products are located within Parcel 4B of the current PCD Master Plan. SITE PLAN APPLIATION The goal of creating the Porch Front and Mansion product is to allow differentiation in product type. The products offered in this parcel are more traditional and urban in nature. Alleys, on- street parking and mews (houses grouped around a open space area) and shorter setbacks are all incorporated into the design in order to create a neighborhood feel and offer a mix of product .................. with~ Pal~Bea~h G~tl~n~ ............................................................................................................................................................ : .................................. Porch Front product is a single-family product type. The product consists of four (4) four floorplan options and several architectural design options that include: Spanish Bungalow, Craftsman and Prairie. The units range from approximately 1,890 - 2,536 square feet. Each home contains a two-car garage that is accessed through a rear alley. The alley is shared with a series of homes and serves as the driveway to the unit. A majority of the Porch Front homes front onto a greenway or mews, which allows the homes to overlook a landscaped 2000 Palm Beach Lakes Boulevard Suite 600 The Concourse West Palm Beach, Ftor ida 33~09-6582 561.689.0066 561+6 89.0551 fax Irvin# FA 71h.ERq.Rlq1 area. The mews are designed as a focal feature and gathering place for the residents. Homes that do not overlook a mews area are located adjacent to a tree-lined street, where on-street parking will be permitted. The Mansion product type is a townhouse unit. The product has been designed to contain three (3) units within each building. This site plan application consists of a total of 31 buildings (63 units). The Mansions are designed to look like a one large estate home. The view from the front and side elevations appear as if the building was one large home. The rear contains three separate garages for each of the units. These homes are also serviced to the rear via an alley. The homes range in size from approximately 1,562-2,151 square feet. The Mansion homes will come in two elevation types, a French County and Italianate. These homes will line the southem portion of the lake and the Hood Road entrance. The color and accent materials also contain a variety of options that coordinate with each of the architectural designs. The scale and design of the homes allow them to serve as a unique backdrop of the lake and provide another choice of housing type within the Evergrene community. Both the Porch Front and the Mansion products require on-street parking in order to meet the City’s parking requirements. The waiver request to have on-street parking is addressed in the PCD Master Plan. However, as stated earlier, there are four (4) floorplan options in the Porch Front product line. Model #1 will be a two-bedroom unit and Model #2 will be a three-bedroom home. Models #3 and #4 will contain four (4) bedrooms. While each Porch Front unit contains two parking spaces, the remaining required parking will be provided through on-street parking. There is sufficient parking to allow up to seventy (70) four bedroom units. The remaining seven (7) units in the site plan would feature either the two-bedroom or three-bedroom units. In reality, there will be an integrated mix of Porch Front models within the subject parcel, so there will be sufficient parking for the site. With respect to the Mansion Units, there are five (5) garage spaces provided within each homesite. The remaining required parking will be provided through on-street parking which will be available along Hood Road and the loop road, surrounding the lake. There are a total of 177 parking spaces required for the Mansion homes (168 bedrooms x 1 parking spacePoedroom +. 0.05% of total required parking for guest parking). One hundred and five (105) spaces .provided within the homesites, while the remaining seventy-two (72) required spaces will located on the street. EVERGRENE PARCEL 4B SETBACKS January l4,2002 Porch Front Homes (Single Family) - 75 units Lot Area -Required- Min,- 6.500 s.f. Proposed. Min,, 3,040 s.f.* Lot Width -Required - Min, - 65’ Proposed - Min. - 38’* Lot Coverage -Required - Max. - 35%Building Height - Required - Max. 2 stories/36 feet Proposed. Max. - 52%* for Plan 1#Proposed - Max, 2 stories/36 feet 47% for Plan 2 49% for Plans 3 and 4 25’] ] ’4" (I0’ in a Planned (Consistent with Cir. DevelopmenO PUD standards) > of ?.5’ or 10%5’* of lot width 20’12"* -.:,:~.~.~,~, ,,.. :~..,. ~,,,.,.,., ’.:.,-:~..,.~! ¯ .c~.’. ;~ ~ ..... ~" ~’ "~’~: *Waiver Requested N/A N/A N/A N/A N/A 8’* 10’5’*N/A 5’* # Only possible in maximum of 24 (of 32%) of the proposed 75 lots Mansion Homes (Multi-Family) Lot Area Lot Coverage - Required - Min. - 210,736 s.f, Proposed - Min, - 228,690 s,f, Required - Max. - 35% Proposed. Max. - 31% Lot Width. Required - Min, - l O0 Proposed - Min. - 369 fe~t Building Height - Required. Max. ~*" Proposed - Max, 2 stories/36 feet 30~19’ to porch, 24~ to N/A N/A N/A (10° in a Planned iivir~g area Development)For Units 1-10, 20’ to porch, 25’ to living (Consistent with City PUD standard~) 20’I Y t##NIA N/A 0’ (iO’Butldtng ,~¢paration) 20’12’*N/A N/A ! 0’ 20’10’*N/A N/A 0’ Only one side s~back proposed adjacent to 80~foot Hood l~oad PCD buffer, O:~OMMON"dobsWm’c~4.03-4.06~Parcd 4B~ctbaekcharta. I 0! ’70 l.wpd ~0"cl 9~,:’1:’1: L00~ tz~ U~£ 660I-£ZL-[9£:xe_-I SN3(I~9 H31:::138 Nq~d-IDfq EVERGRENE PCD - PARCEL 4B - SITE PLAN ANALYSIS Porch Front Homes Code Requirement Porch Front Home Site RL-3 Minimta’a Building Site Area - 6,500 s.f | Minimum Site Width - 65 feet Max, Building Lot Coverage - 35% Max. Building Height - 36 feet Front Setback - 25 fcct Proposed Plan 38 feet 52% for Plm 1 homes flimited to 24 of7~ ]o|s - 32%) 47% for Plan 2 homes 49% for Plan 3 and 4 homes 36 feet 11’4" (Consistent with City PUD Standards) Side Setback - 7.5 feet 5 feet 12 feetSide S~eet Setback - 20 feet 5 feet 20 foot alleys Consistent?Waiver Requested? Yes Yes Yes Rear Setback - 10 feet Local Street: Min. Cross- Section - 50 feet Yes Consistcmt with City PUD Standards No Yes Ye~ No Yes No Yes G:\COM M ON~ obs~Par c©14.03-4.06~arccl 4B~ctbackcharta.l 0170 £O’d 9C:I~ COOC I~C ue£660I-£ZZ-I9£:xed SN3OaU9 HDU38 NqUd-IDR EVERGRENE PCD - PARCEL 4B - SITE PLAN ANALYSIS Mansion Homes Code Requirement Mansion Home Site - R.H Minimum Building Site Area - 4.83 acres Max. Building Coverage - 35% Max. Buildin~ Height - 36 feet Min, Lot Width - 1 O0 feet Front Setback- 30 feet Side S~reet Setback - 20 Rear Setback - 20 feet Local Street: Min. Cross- Section - 50 feet Proposed Plan 5.25 acres 31% 36 feet 396 feet 19’ to porch, 24’ to living area For Units I.I0, 20’ to porch, 25’ to living area (Consistent w~th Cify PUD standards) Consist~t? Yes Yes Yes Consistent with City PUD Standards Waiver Requested? No No No No 12 feet 10 feet 20 foot alleys ~o No Yes Yes O;\COMM ONU ob a~ atccl4.03-4.06kParcel 4B~etbackcharla. 101701 .wpd 90"d Z~,:II ~,00~, iz~, ue£660[-cJzz-I9cj:xe_-I SN3(I~fd9 HDU3~[ NqUS-IDITI Waiver Justification Evergrene PCD Site Plan Application For Parcel 4B Porch Front and Mansion Product Origiaal July 5, 2000 Revi~ed October 9, 2001 ¯ evi~ed October 31, 2001 January 14, 2002 Because of the unique nature of this application and the provision of housing types new to the City, there are several waiver~ being requested with this application. The housing type and lot layouts arc "traditional" in nature and provide for a more urban lifestyle. Waivers Lot Coverage. The requested maximum lot coverage for the Porch Front product is 52%. The RI~3 zoning district requires a 35% lot coverage. Only the Plan 1 homes, which is a one-story model, will have the 52% maximum lot coverage and will be restricted to 26 (33%) of the proposed 77 Porch Front home lots. The two-story models will feature maximum 47% lot coverage for Plan 2 homes and 49% lot coverage for Plan 3 and 4 homes. The City’s current Codes does not address the type of housing proposed by the Porch Front product. The placement of garages to the rear of the units and the forward location of the homes are attempts to emphasize the architecture of the homes and provid~ a more urban feel. Greenways and Mews (park areas in from of homes) is located withi~ the site plan and allow for the enjoyment of open spaces. The design and the greenways/mew areas are a unique feature of this product type and offer an alternative to other product ~ypes. The requested maximum building coverage for the Mansion Homes is 31%, which is historically consistent with other project within the RM zoning district. o Setbacks. We are proposing a variety of setbacks which will require waiver. The setbacks are needed in order to emphasize the architecture and to create the additional design, nostalgic of older neighborhood development. We are requesting a waiver to allow a 5-foot side setback for the Porch Front homes for buildings and screen enclosures. The City’s RL-3 zoning district calls for a minimum 7.5-foot side setback. There will be a minimum l0 foot building separation. In addition, this setback is consistent with the 5-foot side setback approved for BallenIsles Island Cove and PGA National Bristol Club and exceeds the minimum 3’1" side setback approved for BallenIsles Parcel 21 and The Isles PCD. Parcel 4B has 45% open space, which is excess of the 35% required by City Code. For the Mansion Homes, there is one side setback proposed. There will be a 13 foot side setback adjacent to the 80-foot wide 80"@ Z&:II &O0~ #~ ue£660I-£ZZ-I9£:xeJ SN3~aU9 HDU38 NqU@-IDM Hood Road PCD buffer. This is a waiver request as the RH zoning category side setback requirement is 20 feet. We arc also requesting a side street setback for the Porch Front Homes of 12 feet for buildings and $ feet for screen enclosures. The City’s RL-3 zoning district call for a 20 toot side street setback. This is consistent with the approved side street setback for Ballcnlsles Island Cove (5’) and Ballcnlsles Arbor Chase (10’). For the Mansion Homes, we are proposing a 12 side street setback, while the RH code requirement is for a 20-foot side street setback. We arc also requesting a 5-foot rear setback for the Porch Front homes for buildings and screen enclosures. This is consistent with the S-foot mar setback approved from PGA National Bristol Club. The Isles and Bent Tree. Please notc that the Porch Front homes will have the garage access from the rear of the lot. For the Mansion Homes, wc are proposing a 10-foot rear setback, while the RH code requirement is a 20-foot rear setback. Please note that garage access for the Mansion Homes will be from the rear of the buildings. We request that the setbacks be reviewed in context of the entire community and how the buildings relate to each other and to the streetseape. Lot Width. We are requesting a waiver to allow for a 38-foot wide lots for the Porch Front homes. The RL-3 zoning district standard is 65-foot lot width. In association with this waiver request, we are also seeking a waiver to allow for a minimum 3,040 s.f. lot size. The RL-3 code requirement for minimum lot area is 5,250 s.f. In addition, Parcel 4B is providing 45% open space, which is in excess of the City’s requirement of 35%. The Porch Front home is an alternative ’to the traditional lot type as specified in the RL-3 zoning district. The homes are intended to provide a lower level of maintenance and service those customers who desire a detached single family residence arranged within a multi-family environment. o Dry Model Permits Prior to Plat Approval. We are requesting a waiver from Section 217(c) to allow the issuance of building permits for model units prior to the plat being recorded. Section 217(c) states: "All lands not otherwise subdivided which are the subject of an approved development order shall be designated by a boundary plat. The boundary plat shall be approved by the City Council and placed in the official records of the county prior to the issuance era building permit for the subject property." It is our desire to start construction of model traits immediately upon site plan approval. The applicant understands that Certificates of Occupancy cannot be issued, that the units cannot be open to the public and that no homes could be sold until the plat is recorded, The applicant is willing to provide for a bond for the cost of demolition, This request would allow the construction of these model units to begin during the 90± day period aRer site plan approval while the plat is being reviewed. 5.Alley Widths. We are requesting a waiver to allow for 20-foot wide alleyways, which 60"d Zg:II ~00~ PE ue£660I-£ZZ-I9£:xe3 SN3O~U9 H3U38 NqUd-IDR will consist of 12 feet of paving with two 4-foot bands of pavers on each side. The existing code does not provide for an a11ey cross-section. The proposed alleys will not be used as "traditional" road right--of-way. Instead, the alley will bc used to rear access drive for the Porch Front and Mansion units. If we must compare this section to a road right--of-way, Section 78-498, Minimum Engineering Guidelines and Standards for Planned Developments, calls for 2 ten-foot lanes with 2-foot curbs within a 28-foot right--of-way. It is the Lntcnt that the alleys will act as a driveway and not as a street or road right-of-way. This request is confined to the Porch Front and Mansion unit product only. We have met the Orowth Management, Police, Fire and I~nginecring Departments. Representatives from each department have reviewed the alley sections and tm’narounds and have found the alley designs to be acceptable. 05"8 8C:$$ COOC PC ue£6605-£tL-I9£:xe3 SN3flaU9 HDU3fl NqUa-IDR WAIVER REVISIONS AND COMPARISON J~ 7, 2002 FOR EVERGRENE PCD PARCEL 4B Porch Front Homes ... ’. ..; Lot Coverage - For Porch Front Homes - 52% for Plan 1 - 47% for Plan 2 - 49% for Plan 3 and 4 35% Code requirement Lot Width - 3g’ wide iot~ 65’ Code requirement Lot Area - 38’ wide lots 3,040 s.f. 6,500 sf. Code requirement Side Setback - 38’ wide lots Other similar SF lot fQy~raees: PGA Natl. 5agleton Cove - 67% Mirasol Parcels 1, 2 & 5 - 45% Bent Tree - 450/0 The Isles - 50% Other SF Lot Widths BallenIsles Island Cove - 45’ PGA Natl. Monterey Pointe - 45’ The Isles - 36’ Other SF Lot Areas PGA Natl. Eagleton - 4,150 s.f. Qther SF side setbacks 4’/3’ building setback iS’ orlO~ of lot width Code requirement Side Street Setback - 38’ wide lots 12’ for buildings 20’ Code requirement Rear Setback - 38’ wide lots 5’ Building 10’ Code requirement Sidewalks - Sidewalks on one side of the s~reet Cul-de-sacs with Ices than 80 lots required tO have at least one sidewalk Dry Model Permits Prior to Platting Code requires ~plat prior to issuance of building permit building side setback screen enclosure side setback 8’ screen enclosure side setback ~’ screen enclosure side setback Ballen.Isles Island Cove - 5’ Ballenlsles Parcel 21 - 3’1" PGA Natl. Bristol Club - 5’ The Isles - 3’1" Other SF Side Street setbacks Ballenlsles lsland Cove - 5’ Ballenlsles Arbor Chase - Other ST Rear setbacks PGA Natl. Bri,tol Club - 5’ PGA Natl. The Island. 8’ The Isles - 5’ Bent Tree - 5’ Mirasol approved to allow models within parcels ZO’d Z~:t~ ~00~ #~ ue£660~-£ZZ-I9S:xe3 SN3g~U9 H3U38 NqWd-I3R January 16, 2002 Mr. John Lindren, AICP Senior Planner Growth Management Department City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 EVERGRENE PCD - PARCEL 4B DISTRIBUTION OF PARK AREAS OUR REF.:#99-070.09 PBG PETITION: #SP-01-23 urt n Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics Dear John: During our last meeting with City staff and City Council, there was discussion regarding the provision of park space within the Parcel 4B site plan of the Evergrene Planned Community Development. In addition to the various small landscaped areas scattered throughout the site, there are five pocket parks, which will be amenitized with benches and special paving. These five pocket parks are the mews between lots 3 and 6 and lots 15 and 24, the open space between lots 41 and 42, the open space east of lot 62, and the open space west of lot 58. These parks are scattered throughout the single family portion of the site. It should also be noted that no Mansion Home is located more than 500 feet from one of these parks. Also, most Mansion Unit buildings (9 through 21) are located directly across from a waterfront greenway park, which will also be amenitized. I hope this resolves any questions regarding the preponderance of park area within and adjacent to the Parcel 4B site plan. Should you have any questions, please feel free to contact me. Sincerely, Henry Skokowski, AICP Principal C:Charles Wu Ken Tuma Tara-Lyrm Patton ~.~\...~ ~.." . . ~.,,... 2000 Palm-Beach Lakes Boulevard Suite 600 Tl~eConcourse West Palm Beach, Florida 33409-6582 561.689.0066 561.689.0551 fax Irvine, CA 714.489.8131 Jl l::i ’ Evergrene- ’ . . , , .~. ~ ... . Palm B~’~ch’Gardens, Florida.. ~Parcel~4B Site Plan -"~.: " . 03-04-02 POI:5Z IN February27,2002 Mr. Ronald Ferris City Manager City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 FELLOWSHIP Dear Ron, We are currently in the process of dialoguing with the Northlake Coalition conceming the petition we have before the city. We have had one three-hour meeting, followed by correspondence per our neighbors’ requests. We need to continue to meet and enhance our communication with the coalition. Based on our priority to build a strong relationship with our neighbors and continue to clarify our. issues, I am requesting that our March 7th hearing be rescheduled to early April. This will give us additional time to continue our dialogue and work on a mutual resolution. I will have Joe Ryan follow up with you and Mr. Wu to fulfill the necessary procedural requirements to postpone our hearing to April. Thank you for your understanding and continued professionalism with this process. Sincerely, Tom Mullins Senior Pastor TM/cg CC:Joseph Russo, Mayor Eric Jablin, Council Member Carl Sabatello, Council Member Lauren Furtado, Council Member David Clark, Council Member 5343 Northlake Boulevard ¯ Palm Beach Gardens, FL 33418 CAROL GOLD - CITY CLERK Gary4558@aol.com Saturday, February 23, 2002 2:16 PM Ifurtado@ci.palm-beach-gardens.fl.us; jrusso@ci.palm-beach-gadens.fl.us; ejablin@ci.palm-beach- gardens.fl.us; csabatello@ci.palm-beach-gardens.fl.us; dclark@ci.palm-beach-gardens.fl.us March 7th meeting Dear City Council Members.: I am writing this email to yon because an important decision will be made by the city council on March 7, 2002. I am concerned that because this meeting is so close to the election that the importance of your decision my be overlooked. On March. 7th yon will decide whether to continue or eliminate the stipulations which limit Palm Beach Gardens Christ Fellowship from exercising their freedom as a religious organization. I believe this right is guaranteed to them under the Federal Religious Freedom Act, but I will leave that question up to those who are more qualified than I to argue. My concern is different from someone’s right to worship they way they choose. My concern is about the different benefits an organi~’ation like Christ Fellowship (CF) makes available to the residents of Paim Beach Gardens and surrounding communities. Benefits that would not exist if organizations like Christ Fellowship did not exist. I have only been a resident of Palm Beach Gardens since January 1999 when a job change brought me to Horida. R didn’t take long to hear about a church on Northlake Blvd. whose mission seem to be a ’%elpful hand" to those in our community. My first Sunday visit at CF was probably the most impressive experience I have ever had with a rdigious organization. A security parking team efficiently moved me offNorthlake Bird to an available parking space. P~ople welcomed me immediately when I entered the facility answering all my questions. While I was waiting for the service to start I watched the TV monitors display various classes and groups that were available: classes for single parents, ~f .o~_. drives for undga" privileged families, classes for families with special needs children and many others. Christ Fellowship also has a professionally staffed counseling center dealing with addiction issues, anger manage~nent, marriage difficulties-- all free to the public. One of the most impressive outreaches I observed was for the United Technologies families. These families were being forced to relocate to Hartford, Connecticut. CF was helping these families learn about their options for housing, churches, local and private schools in Connecticut. Christ Fellowship was standing beside these folks helping them with their questions, easing their fears. Another program which I found unique was CF’s plan to purchase an abandoned community nearby. CF planned to build houses staffed with professionals and work with Palm Beach County officials to provide homes for abused children in our community. It sec~ned this need was very great. ~ became impressed with this church body and its leaders. I volunteered for the security parking team and served for two years. When we moved across the street to our new facility traffic management became our top priority. Each service the security team would work closely with the Palm Beach Gardens police to ensure smooth quick traffic flow. With a 90 second traffic halt on Northlake Blvd we were able to exit over 100 ears. Thus in 20 minutes we could empty the whole church parking lot. Now, 2 years later, Christ Fellowship’s abused children project (now called "Haee of Hope") is a hugh success. have just completed our second home and many Palm Beach County children now have a refuge with stepparents who are trained to meet their needs. This is something to be proud of~ a model program for the whole nation. Palm Beach Gardens Christ Fellowship is also a great neighbor. Whenever CF builds a building or modifies a piece of property the whole neighborhood becomes a more beautiful place to live. As a result, all neighboring communities bordering CF property have enjoyed an increase in their property values. CF maintains Hunt Club’s access road. Why?. Jgst becagse they are good neighbors. 2/25/2002 Folks who attend CF services are encouraged to use their God given talents to help their neighbors. As a result ASE trained mechanics, construction workers, carpenters thonghout Palm Beach Gardens are providing services to single morns and senior citizens. I don’t know what religious persuasion you folks may be, but I do know whatever CF is doing, they are doing the right thing and they are doing it well. Now more than ever, since the events of September 1 lth, we Americans need to stand side by side. Chris~ Fellowship is standing side by side each resident of Palm Bea~ Gardens and neighboring ~wnmunities. Whether Jew or Christian, no matter what ra~e you may be, CF is there to lend a helping hand wherever they can. If I were on the city council I wo~ld want to encourage organizations to adopt the CF model I surely wouldn~ want to limit or restrict the good they bring to our community. Lets make the right decision on March 7th. I, for one, will be watching each of yon closely to see how you vote. Thanks for taking the time to read this email. Gary Jones 829 Windermere Way PGA National Palm Beach Gardens, FL 33418 561-630-3676 2/25/2002 THE I A-I. APPLICATION FOR VOLUME I ~svnsura: September 1983 High-rise office buildings would be located at ~pecial sites so as not to conflict with demand for prime shopper’s parking. Such office complexes would enjoy their own views of public spaces. At the heart of the Center is proposed a major park with a lake, paths, seating and lawn areas. This park is the focal point of a continuous system of open space which permeates the residential ~eighborhood north of the site. A network of separate pathways would combine with sidewalks to encourage walking and biking throughout the Center. Two hotels are planned for the Center. One site may be outside the core andoverlook theCentral Park and benefit from the views of its lake and trees. Another site may be within the core and abut the shopping area and form the edge of an urban square. The total number.of units (rooms) for both hotels will not exceed 600 units. Along the Alt. AIA frontage is a segment of land reserved for corporate headquarter offices, research facilities, banks and other office uses seeking separate identity and less interested in the potential values of the mixed and high intensity pedestrian core. 12-3 September i983 At the northern edge of the park, sites h~ve been reserved for high-rise residential or office blocks. The entire northern boundary is reserved exclusively for low-rise housing of tw6 and three’stories formed intosmall clusters and focused inwardly on a park and canal system. The vehicular road system is designed to connect with the off-site network at selected traffic controlled intersections. Tree lined boulevards with left turn lanes will serve as interior collectors while access to and from the development parcels will be from lesser roads sometimes arranged in alternating one-way pairs. PHASING OF THE CENTER The magnitude of the project requires that the development be phased over a probable period of twenty (20) years. Due to potential fluctuations in market demand, it is impossible to predict precisely those types of land uses which shall be developed at a given time in the developmental process. It is anticipated that developmental activity will be grouped into four phases each phase consisting of approximately five (5) years. However, actual phasing for most of the activities will occur on a continuous basis with many smaller projects occurring in short time frames. 12-4 The entire northern and eastern edge of the site is designated for residential uses. While these are to be medium and high density clusters consistent with their "walk to" proximity to the core, they also relate as neighbors to existing residential communities. Traffic destined for the residential areas may enter from Alternate AIA and Prosperity Farms Road without conflict from business traffic. Land designated for business and research facilities abuts the western edge of the site. Individual buildings will thus have visibility from Alternate AIA. Office buildings have been spread evenly, from west to east in order to balance the use of access points. SPECIAL FEATURES Located at the heart of each land use is an important and specially designed open sp~ce system. The drainage canal has been reshaped and integrated into a park setting which runs the entire length of the residential area. This linear water focused park will serve as both a recreational amenity and at the same time, a separating feature for the higher intensity uses to the south. 12-12 A lake at the center of a 20 acre park forms the western .edge .of the retail core and eastern edge of the office-research area. A prime site fronting on this lake is preserved for community use. In addition, an internal bus system is proposed to facilitate internal movement while minimizing private vehicular trips. At the level of detail urbaD design there will be special attention paid to the location of tall buildings to create landmarks and focal points, plazas and squares for pedestrial use, variety in architectural detail and overall concern for the details of the environment. Additional descriptions of design intent preceded this in The General Description under 12-A. 12-13 27.PUBLIC FACILITIES:RECREATION AND OPEN SPACE QUESTION 27-A Describe recreational facilities and open space (including acreage) which will be provided on-site. Locate on Exhibit H. Will these areas or facilities be open to the general public. A minimum of 20% of the site (92 acres) will be kept community serving open space (for both active and passive. use) and not allocated to development. This percentage meets PCD and water retention requirements. A park of 20 acres will be provided, on the site and be open to the general public. This park is intended to be a central core area park, and will include water and land area for recreational purposes. The park is Conceived to be a passive public recreation area. The facility will include pathways, walkways and jogging trails,’benches, landscaping and lighting. If the park becomes city property, then by definition it is open to the public. Should it be. conveyed to a homeowner’s association, there would be a deed restriction that the park shall be open to the public and this declaration would become part of the legal transfer of the developer to the property owner’s association.- 27-1 ANSWER 27-B NO, the development will not remove from public access, ¯ lands or waters previously used by residents of the region for hunting, fishing, boating or other recreational uses. Rather, it will add to and open up new and varied recreational, cultural, and social activities to the North County area. QUESTION 27-C Will parks and open space be dedicated to the city or county? If not, who will maintain the facilities? ANSWER 27-C The park will either be donated to the City of Palm Beach Gardens or to a property owners’ association, with maintenance being the responsibility of the organization. receiving the donation. The Regional Center site is part of a growing centralized core of facilities in the PGA-AIA area, which already includes a large site for the Palm Beach Junior College, the North County Courthouse facilities, and proposed business site PUD’ssouth of PGA Boulevard. It is not yet possible to define what cultural/recreational/educational 27.-4 D~ O~elopment O~er ~upl~d b~er zones. ~~MI be completdd ~ ~e major roadways depicted on E~bit "H" of~e ~A,.abu~ing ~e p~k on the west ~d sou~ side ~e cons~cted. L6~-~’~siderations ; 35.That this Resolution shall constitute the Development Order of this City Council issued in response to the Development of Regional Impact Application for Development Approval filed by B/~CqKERS LAND COMPANY. 36. That the definitions found in Chapter 380, Florida Statutes, shall apply to this Development Order. 37.That the following are hereby incorporated by reference and made a part of this Development Order: Application for Development Approval (ADA) consisting of Volumes I and II, and appendLxes A, B, and C, dated September, 1983 revised and submitted to Treasure Coast Regional Planning Council on October 14, 1983. ’. 38. That the following is hereby incorporated into this Development Order for purposes of legislative reference: ~ All materials contained in the assessment report Of Treasure Coast Regional. Planning Council. 39. That this Development Order shall be binding upon the Developer and its assignees or successors in interest; and, the term "Developer" and "Applicant" as used interchangeably herein shall mean Communities Finance Company, a Delaware Corporation. It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created and designated as successor in interest to, or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this Development Order. 40. That in the event that any portion or section of this Development Order is determined to be invalid, illegal or unconstitutional by a court of competent jurisdiction, such decision shall in no manner affect the remaining portions or sections of this Development Order, whieh,sh.all remain in full force and effect. 41. That the approval granted by this Development Order is conditional; and, such approval shall not be construed to obviate the duty of the Developer to comply with all other applicable local or state permitting procedures. 42. That subsequent requests for development permits shall not require further review pursuant to §380.06, Florida Statutes, unless it isfound by the City Council, after due notide and heating, that one or more of the following is present: ~ Resolution 96, 1999 Exhibit - Page xvi COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Address: 3# ,~ #, ~’e/~_~ ,~ .~#, Subject: ~ ~’ ~ ~r ~ d~6~ @~2/ Members of the public may address the City Council during the ;’Comments by the Public" portion of the agenda and during "Public Hearings". This Re( uest 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 PUEIL~C Request to Address City Council Please Print Name: Address: Ci~: Members of the public may address the City Council during tl~e "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 OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, an estimated 40% of the adults in the United States every year do not read a single book; and WHEREAS, only 45% of Americans read at least a half-lwur a day; and WHEREAS, Read Together Palm Beach County seeks to promote reading, tlwughtful dialogue and meaningful interaction among Palm Beach County residents; and . WHEREAS, senior high students througlwut the county will be reading and analyzing the book; and WHEREAS, many businesses will be encouraging their employees to read and discuss the book together; and WHEREAS, countless local service clubs will be lwsting book discussion events; and WHEREAS, the City of Palm Beach Gardens is encouraging its residents to read Fahrenheit 451 by Ray Bradbury between March 15 and April 29, 2002. NOW, THEREFORE, I, Joseph R. Russo, by virtue of the autlwrity vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the month of April2002 READ TOGETHER PALM BEACH COUNTY MONTH in the City of Palm Beach Gardens and urge all citizens to start reading. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 7th day of March, Two Tlwusand and Two.